A use, structure, site feature, or lot shall be considered non-conforming if it was created under a previous code, or any amendment thereto, and does not now conform to this code. The Director shall evaluate all available documentation to determine that non-conforming uses, structures, and site features shall have legal non-conforming status or illegal non-conforming status as follows:
(A) Legal non-conforming status. A use, structure, or site feature shall be designated as having legal non-conforming status if it was lawfully established under the regulations of the jurisdiction in which it was located at the time of its establishment and has continuously remained in compliance with all terms and conditions imposed upon the use, structure, or site feature upon its establishment or imposed upon it any time thereafter, based on evidence provided by the property owner, tenant, or applicant. Legal non-conforming status shall also be assigned if non-conformities were created by a public improvement, such as a street widening project. A use permit shall be required for properties on the city's list of historic resources as deemed necessary by the City Manager or designee.
(B) Illegal non-conforming status. A use, structure, site feature, or lot shall be designated as having illegal non-conforming status if it was not lawfully established under the regulations of the jurisdiction in which it was located at the time of its establishment or has not continuously remained in compliance with all terms and conditions imposed upon the use, structure, or site feature upon its establishment or imposed upon it any time thereafter.
(Ord. 2021-03, passed 12-7-2021)