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This section is intended to provide for the re-use of (1) multi-story buildings, or (2) buildings with either a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed prior to the effective date of this provision (Ordinance No. 445-87) for single-tenant occupancy, by uses which are otherwise not permitted on upper stories pursuant to Article 7 of this Code.
(a) In (1) multi-story buildings, or (2) buildings with a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed for single-tenant occupancy, a use which is permitted as a principal or conditional use at the first story and below may also locate in the upper stories of the building as a nonconforming use as provided in Section 186.1(b) above, if the use occupies all stories as a single tenant. The nonconforming use area in the upper stories occupied by the single use shall be limited to the use approved by the conditional use authorization and shall not be transferable to any other party or parties except upon approval by the City Planning Commission as a new conditional use authorization.
(b) In (1) multi-story buildings, or (2) buildings with a ground story with a ceiling height in excess of 15 feet or mezzanines, which buildings were originally constructed for single-tenant occupancy, an existing first-story nonconforming use may expand above the story which it lawfully occupies as provided in Section 186.1(b) above only if the expanded area is occupied by the same tenant operating the nonconforming use which occupies all stories as a single tenant. The nonconforming use area in the upper stories occupied by the single use shall be limited to the use approved by the conditional use authorization and shall not be transferable to any other party or parties except upon approval by the City Planning Commission as a new conditional use authorization.
(c) Except as provided in this Section or by subsequent changes to the provisions of this Code, new nonconforming uses shall not be established in Neighborhood Commercial Districts.
(Added by Ord. 445-87, App. 11/12/87)