A. All SOBs made nonconforming as of November 1, 2004, shall be notified in writing of such nonconforming status.

B. The City Manager or the designee thereof shall determine whether SOBs lawfully existing on November 1, 2004, are within SOBO zone boundaries. This determination shall be made within forty-five (45) days after the effective date of the ordinance codified in this title. This determination of zoning compliance shall be based upon the boundaries of the SOBOs and the location of each SOB as determined by a review of business licensing information and public records available to the City.

C. Determinations of nonconformity under this article shall be subject to appeal as provided in LMC 18A.20.400. Appeal of the Hearing Examiner’s decision on a determination of nonconformity shall be to superior court as provided in Chapter 18A.20 LMC, Article IV, Appeal/Reconsiderations. [Ord. 726 § 2 (Exh. B), 2019.]