Where otherwise lawful uses of land or structures exist at the effective date of adoption of the Zoning Ordinance, or amendments which would not be permitted by the regulations contained in the Zoning Ordinance, such uses may be continued so long as they remain otherwise lawful, provided:
(a) Any nonconforming use may, upon approval by the Board of Zoning Appeals, be expanded not to exceed twenty-five percent (25%) of the ground floor square footage as comprised in the original nonconforming use, provided that such expansion shall conform to all other zoning requirements pertaining to the use as determined by the Board of Zoning Appeals.
(1) The expansion of a nonconforming use located with a nonconforming building or structure must comply with the requirements of Section 1137.04(a).
(b) A change from one nonconforming use to another may be permitted, provided that the City Manager determines that the adverse effects of the proposed use do not exceed those of the previous use. In making that determination, the City Manager shall insure that the proposed nonconforming use will not exceed the existing nonconforming use in terms of floor or land area, hours or days of operation, traffic generation by employees or customers, parking requirements and any other pertinent criteria.
(c) Any use of a specific property which is conditionally permitted in a zoning district in accordance with the provisions of the Zoning Ordinance shall not be considered as a nonconforming use in the zoning district in which it is conditionally permitted. Such conditionally permitted use shall be considered a conforming use on a particular lot on which it is located.
(Ord. 1985-40. Passed 8-6-85.)