(A) Where a use is classified as special use under this chapter and existed as a permitted, special or lawful nonconforming use of the date of the adoption of this chapter (January 15, 1972), it shall be considered a lawful special use subject to the following:
(1) A special use authorized by ordinance of the City Council prior to the adoption of this chapter (January 15, 1972) may continue to exist subject to the provisions of such ordinance and may be expanded or extended only as provided therein, or in accordance with § 159.045; and
(2) A use formerly considered a permitted or lawful nonconforming use and made a special use by the adoption of this chapter (January 15, 1972) may continue in existence after the date of adoption of this chapter but may not be expanded without first obtaining a special use permit for any proposed expansion in accordance with § 159.045.
(B) Where a use is not allowed as a special or permitted use under this chapter or any amendments hereto, and exists as a special use at the date of the adoption of this chapter, it shall be considered to be a nonconforming use and shall be subject to the applicable nonconforming use provisions of §§ 159.025 through 159.027.
(Prior Code, § 46-13) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)