A building or structure in Business District One (B-1) used for a nonconforming use as defined in section 3-89 of the zoning code may be modified or expanded upon approval of a building permit therefor by the city council; provided that any such modification or expansion is for the same use which existed prior to the time of the request for the building permit.

If the final approval of a subdivision plan, plat or replat produces a nonconforming use or structure because of requirements of the zoning code, there shall be no necessity to obtain a variance or special exception from the board of adjustment for the condition which produced the nonconforming use or structure unless such condition is not disclosed in the plat specifications or other documents furnished to the city in connection with the application. In order to preserve the applicant's rights under this subsection, the subdivision plan, plat or replat approved by the city council shall include a plat note specifically describing the condition which otherwise would have necessitated a variance or special exception from the board of adjustment. If the approval of the subdivision plan, plat or replat creates a nonconforming structure, future building permits for the alteration, modification or expansion of the nonconforming structure shall be treated the same as building permit applications for other nonconforming structures.

See § 3-89: Nonconforming uses or structures for more detailed information.