1135.02 USES UNDER CONDITIONAL USE PROVISIONS ARE NOT NONCONFORMING USES.
   (a)    Any use which is permitted as a conditional use in a district under the terms of this Zoning Ordinance shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use.
   (b)   The lawful use of any lot, structures, uses of land structures, and characteristics of use, as existing and lawful at the time of enactment of this Zoning Ordinance or amendments thereto, may be continued, although such use does not conform with the provisions of this Zoning Ordinance or amendments. If no structural alterations are made, any nonconforming use of a structure or structure in premises, lots or characteristics of use, may, as a conditional use, be changed to another nonconforming use, provided that the Cardington Planning and Zoning Commission finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Commission may require appropriate conditions and safeguards in accord with other provisions of this Zoning Ordinance.
   (c)   No nonconforming building or use may be enlarged, extended or otherwise expanded except upon the granting of a conditional use permit issued by the Cardington Planning and Zoning Commission pursuant to this section. The Commission shall have the power to permit changes and extensions of nonconforming uses as follows:
      (1)   A nonconforming use of a less objectionable nature may be substituted for an existing nonconforming use.
      (2)   An existing, legal nonconforming use which occupied only a portion of an existing structure or premises may be extended throughout such structure or premises.
      (3)   The alteration or reconstruction of a nonconforming use or building provided that such will make the nonconforming use substantially more in character with its surroundings.
      (4)   The extension of a nonconforming use when such extension will substantially make the nonconforming use more in character with its surroundings.
      (5)   Any extension, alteration or reconstruction shall not be greater than fifty percent (50%) of the size of the nonconforming use that existed at the time of passage of this Zoning Ordinance.
   (d)   The Commission may impose such requirements and conditions as they may deem necessary for the protection of adjacent properties and the public interest.
(Ord. 97-3. Passed 5-19-97.)