07-11-07: NONCONFORMING USE:

   (1)   The nonconforming use may continue as long as the use remains lawful and is not expanded or extended, unless approved subject to the regulations of this chapter.

   (2)   For the purposes of this article, the term "expanded or extended" shall include, but not be limited to: increased hours; increased services or programs; increased number of residential dwellings; interior renovations or structural additions that increase the occupant load of the structure dedicated to the nonconforming use (see Canyon County Building Code as set forth in chapter 6 of this Code); any new structures accessory to the nonconforming use; expansion or replacement of the structure (or portions thereof) dedicated to the nonconforming use; anything beyond regular maintenance and minor repairs (as required by the Canyon County Building Code as set forth in chapter 6 of this Code); and any action that extends the duration of the nonconforming use.

   (3)   If a nonconforming use has ceased for ten (10) years or has been replaced with a conforming use, the nonconforming use shall be deemed abandoned and shall not be reestablished. If nonuse or vacancy continues for a period of a year or longer, the County may request resolution of the nonconforming use right according to procedures outlined in Idaho Code section 67-6538(2) as it may be amended or retitled from time to time.

   (4)   A nonconforming use or structure housing a nonconforming use that is damaged 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 chapter upon reconstruction. 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, provided that the nonconforming use commences within ten (10) years of the event. If nonuse or vacancy continues for a period of a year or longer, the County may request resolution of the nonconforming use right according to procedures outlined in Idaho Code section 67-6538(2) as it may be amended or retitled from time to time. (Ord. 19-001, 1-11-2019)