8-7-2: NONCONFORMING USES:

   A.   Generally: The nonconforming use may continue if the use remains lawful and the use is not expanded or extended, unless approved subject to the regulations of Chapter 8-6.

   B.   Definition: For the purposes of this Section, the term "expanded or extended" includes:

      1.   Increased hours;

      2.   Increased services or programs;

      3.   Increased number of residential dwellings;

      4.   Interior renovations or structural additions that increase the occupant load of the structure dedicated to the nonconforming use (see the Ada County Building Code);

      5.   Any new structures accessory to the nonconforming use;

      6.   Expansion or replacement of the structure (or portions thereof) dedicated to the nonconforming use;

      7.   Anything beyond regular maintenance and minor repairs (as required by the Ada County Building Code); or

      8.   Any action that extends the duration or intensity of the nonconforming use.

   C.   Abandonment: A nonconforming use that ceases for ten (10) years or is replaced with a conforming use is deemed abandoned and shall not be reestablished. If nonuse or vacancy continues for at least one (1) year, the County may request resolution of the nonconforming use right according to procedures outlined in Idaho Code Section 67-6538(2).

   D.   Damage:

      1.   A nonconforming use or structure housing a nonconforming use that is damaged by more than fifty percent (50%) of its current assessed taxable value by fire, flood, explosion, wind, earthquake, war, riot, calamity, or other catastrophic event shall comply with this Title upon reconstruction.

      2.   If the damage to the nonconforming use or structure housing the nonconforming use is fifty percent (50%) or less of the current assessed taxable value, the nonconforming use may continue if construction or use commences within ten (10) years of the event.

      3.   If nonuse or vacancy continues for at least one year, the County may request resolution of the nonconforming use right according to procedures outlined in Idaho Code Section 67-6538(2).

   E.   Exemption: Uses housed within structures listed on the national register of historic places are exempt from this Section.

(Ord. 1002, 10-28-2025)