§ 153.108 CHANGE OF NONCONFORMING USE.
   (A)   The Chief Inspector may issue a certificate of occupancy for a change of a nonconforming use only when the proposed change in use is a use which is permitted in the district, provided applicable yard and area requirements are met, and following appropriate site plan review.
   (B)   In the event the proposed change in use is a use which does not conform with the use regulations of the district in which it is located, the Chief Inspector may not issue a certificate of occupancy for any change of a nonconforming use until the proposed change in use has been authorized by the City Planning Commission after a duly advertised public hearing.
   (C)   In no case shall a legal nonconforming use be replaced by a use that is less restricted. (See § 153.021 for district listing by restrictiveness.)
   (D)   In no case shall a legal nonconforming use be replaced by a nonconforming use which creates more nuisances (such as: noise; smoke; odors; or dangerous hazards) than the original nonconforming use it is proposed to replace.
(Prior Code, § 153.098) (Ord. D-1418, § 509, passed 11-22-1982, effective 1-21-1983)