Chapter 11

Nonconformance

11-011-01: Nonconforming Uses, Parcels And Structures


A nonconforming use, parcel or structure is one that was legally established but that is not in compliance with Title 11 due to a subsequent ordinance amendment, annexation, change of zoning,eminent domain or similar action.

11-011-02: Nonconforming Parcels


Notwithstanding the minimum requirements for parcel size within the various zoning districts, structures may be built, expanded, reconstructed, occupied or used on a nonconforming parcel that existed prior to the enactment of this ordinance provided that such structures and uses meet all other applicable requirements of this ordinance.

11-011-03: Nonconforming Structures


1. A structure occupied by a nonconforming use may be maintained and repaired. Examples of allowed maintenance are painting, re-roofing and steps to ensure safety and compliance with building codes.


2. When a structure housing a nonconforming use is illegally modified or expanded, the nonconforming status of the use shall be lost.


3. A nonconforming structure may not be replaced except in compliance with the zoning code, but may be maintained, repaired or internally altered provided that there is no increase in the degree of noncompliance with zoning regulations.

11-011-04: Nonconforming Uses


1. Minor expansions of nonconforming uses (and the structures housing them) not exceeding 20 percent of gross floor area may be allowed in accordance with the procedures for approving staff level conditional use modifications. Expansions greater that 20 percent and not considered minor by the Director may be allowed in accordance with the procedures for approving a conditional use permit. Both require compliance with findings ii - iv of 11-03-04.6C(7)(a).


2. Nonconforming uses may be converted to other uses upon issuance of a zoning certificate based on the following findings:

A. The conversion will not violate a policy of the Boise City Comprehensive Plan.

B. The conversion will not unduly burden transportation or service facilities.

C. The conversion will not result in adverse impacts to surrounding properties.

D. The use proposed will be equal or less in intensity, impact and demand for services.


3. When a nonconforming use has been impermissibly changed, enlarged or expanded the nonconforming status shall be lost. Thereafter, the lands and structures may only be used in conformance with this ordinance.


4. A nonconforming use that is discontinued for a period of one year shall be deemed to have been purposely discontinued, unless otherwise specified herein. Thereafter, the lands and structures may only be used in conformance with this ordinance.


5. These regulations shall not be used to deprive the use of improvements on private property based solely on nonuse of the improvements for their designed purposes for a period of ten years or less.

11-011-05: Destruction By Calamity


Nonconforming status shall be lost when a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire or other calamity to the extent that the cost of restoration is 50 percent or more of the assessed value, except upon issuance of a conditional use permit. Absent a conditional use permit, the structure and property are subject to extant zoning regulations.

11-011-06: Determination Of Nonconforming Status


Application for determination of nonconforming status shall be made to the Planning Director with the appropriate form and fee. The burden of proof falls on the party requesting the determination. Proof may include but is not limited to utility records, photographs, assessor's records, rental receipts, phone directories, notarized statements and Polk Directories.