I'm working on an appeal where the petitioner is arguing that an auto repair business does not have to meet the use standards set forth in our land development code for auto repair businesses because the use is legal nonconforming.
Here is the background. In 2008, the auto repair business began operating at the subject property. In 2007, our Land Development Code was passed which changed the zoning for this parcel from C2 to CG. In each zoning district and ordinance, auto repair is a permitted use. However, in the Land Development Code, auto repair must meet certain use standards such as screening of vehicles awaiting repair, limiting the number of vehicles awaiting repair, all repair must be conducted inside a building, and only one auto service bay door is allowed.
The attorney working on this case is arguing that the use standards do not have to be met because auto repair/sales businesses had operated legally under the old code with no int interruptions in use and no abandonment. However, he's trying to argue that even though auto sales was the primary use in the past, auto repair had more "man hours" than the sales.
Anyways, my question is, does this business need to meet the use standards of our Land Development Code or are is it a legal nonconforming use?
Thanks for your help in advance.