Bastian v. City of Twin Falls

BURNETT, Judge.

When land is lawfully used or improved in a way that conflicts with requirements of a subsequently enacted zoning ordinance, the property is said to be nonconforming. From this status flows a limited protection against zoning requirements. Today we examine the limits of such protection.

This appeal focuses upon two questions. (1) If a structure on nonconforming property is enlarged, may a city impose the same landscaping and off-street parking requirements that would apply to enlargement of a structure on conforming property? (2) Does the enclosure of an area beneath the…