What are Grandfather Rights?

What is a Non-Conforming
Use?
A non-conforming use is dened as any lawful
use of a building, structure or land which does
not conform to the zoning regulations where
it is located.

The following is a list of some (but not all)

of the types of records which are accepted as
proof of the uses existence:

Is That All There Is To It?

Not quite. Under certain circumstances, a
Grandfather Right will cease to exist, and
cannot be reestablished. The most common
reasons are:

Licenses such as beer, liquor, retail or

professional, that show the dates of use

Non-conforming uses usually occur when the

use conformed to zoning regulations when
it was originally established, but became
non-conforming due to a zoning change or
annexation.

If the property is rented, receipts showing

dates of use

Receipts showing services or goods

provided if the use is a type of business

Tax records

What are My Rights?

Statements from utilities, such as power,

water or gas, which indicate time and
amount of use

Notarized statements from neighbors who

have observed the non-conforming use over
the required period

It is clear that the owner intended to

abandon the non-conforming use, even if
the elapsed time is less than stated above.

Buildings or structures are damaged to

an extent of 50% or more of their appraised
value.

In most cases, if you are able to establish that

the propertys current use began before zoning
changes made it non-conforming, you have a
right to continue that use.That right is called a
Grandfather Right.

Why Do I Need These Rights?

Should you decided to sell the property, the
new owner will want assurances of the uses
legitimate status. Also, if a complaint or legal
challenge is made against the use, you will need
to prove your right.

How Do I Obtain Proof?

Obtaining proof of Grandfather Rights can
be done in several different ways. The more
complete the documentation is, the better your
chances of establishing a Grandfather Right.

What Do I Do With the Proof?

After you have gathered the materials to
prove your Grandfather Right, obtain a NonConforming Use application from Planning
& Development Services. If your evidence
is substantial enough, you will be issued a
Certicate of Non-Conforming use.

The Non-Conforming use is discontinued

for a continuous period of:

6 months for residential uses

6 months for agricultural uses

1 year for commercial and industrial

uses

If you lose a Grandfather right, it cannot be

re-established under the Boise City Code. In
such a case, the property may only be used
for the purposes specified in the Zoning
Ordinance. The non-conforming use must be
either discontinued or moved to a property
which has the correct zone.

Grandfather
Rights
Establishing Rights for
Non-Conforming Uses

Planning &
Development Services
150 N. Capitol Blvd
P. O. Box 500
Boise, Idaho 83701-0500
Phone: (208) 384-3830
Fax: (208) 388-4715
TDD/TTY: (800) 377-3529
www.cityofboise.org/pds