The zones applied within the City after the effective date of this code may cause some existing uses of land to become prohibited uses in the particular zone in which they are located. The purpose of this chapter is to permit these non-conforming uses to be continued until they are removed or discontinued. Non-conforming uses are incompatible with the permitted uses in the zone; therefore, standards are required to assure that changes in the scope of the use are, or can be made, compatible with the permitted uses in the zone.

A.    The Planning Director, without giving notice, shall make a determination regarding the non-conforming status; however

B.    Upon application and payment of fees, the determination by the Planning Director of the non-conforming status may be appealed to the Planning Commission sitting as a fact-finding body pursuant to CDC 103.040.

C.    A petition for review by the Council sitting as a fact-finding body may be taken pursuant to CDC 103.080.

A.    A non-conforming use of land shall be allowed to continue; however, it shall not be:

1.    Enlarged, increased, or extended to occupy a greater area of land or space than was occupied at the effective date of this code; or

2.    Moved in whole or in part to any portion of the lot or parcel other than that occupied on the effective date of this code.

B.    No additional structure, building, or sign shall be constructed on the land in conjunction with the non-conforming use of land. (Ord. 1636 § 45, 2014)

A.    If a non-conforming use of land shall be discontinued or abandoned for any reason for a period of 120 days, any subsequent use of the land shall be for a conforming use.

B.    A use is deemed discontinued or abandoned for purpose of computing the time period upon the first time any of the events listed in CDC 65.070 occur.