9.2.4. SUBSTITUTION WITH A USE FROM A DIFFERENT LAND USE CLASS

   A nonconforming use may be substituted with a use from a Land Use Class that is different from the one to which the existing nonconforming use belongs, provided it is approved in accordance with Section 3.4.3, Zoning Examiner Special Exception Procedure, and provided the use complies with the following standards before and after the substitute use is in operation:

   A.   The substitute use is a use permitted in the most restrictive zoning classification in which the existing nonconforming use is permitted as of right;

   B.   The substitute use does not generate additional traffic or noise, have longer hours of operation, have additional outside lighting, or cause other negative impacts on adjoining properties greater than those associated with the existing nonconforming use ;

   C.   The substitute use provides parking as required by the UDC . A modification to the parking standards may be requested in accordance with Section 7.4.10, Parking Design Modification Request, or Sections 3.10.1 and 2.10.3, Board of Adjustment Variance Procedure; and,

   D.   The substitute use does not propose an extension or enlargement of the structure or of the areas occupied by the nonconforming use , except as provided for expansion in Section 9.2.2, Expansion of a Nonconforming Use.