§ 9-72.090. Nonconforming Uses

Notwithstanding the provisions of this Chapter, none of the uses identified in this Development Code as "conditional uses" which were lawfully in existence as of the effective date of these regulations, shall be deemed nonconforming solely by reason of the application of the Conditional Use Permit procedural requirements, in compliance with Section 9-52.070; provided, that:

A.

Use allowed with Conditional Use Permit approval.

1.

A use lawfully existing without the approval of a Conditional Use Permit that would be required by this Development Code, shall be deemed conforming only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.) until a Conditional Use Permit is obtained in compliance with Section 9-52.070.

2.

A use that was legally established without a Conditional Use Permit, but would be required by current Development Code provisions to have Conditional Use Permit approval, shall not be altered in any way unless and until a Conditional Use Permit is first obtained.

B.

Use no longer allowed with Conditional Use Permit approval. A use that was established with Conditional Use Permit approval, but is not allowed with Conditional Use Permit approval by the current Development Code may continue only in compliance with the original Conditional Use Permit. If the original Conditional Use Permit specified a termination date, then the use shall terminate in compliance with the requirements of the Conditional Use Permit.

(§ 5, Ord. 1085, eff. January 6, 2006)