(A) Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by any nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.
(B) Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of six consecutive months, or for a continuous period of 12 months if the building was originally designed and constructed for a nonresidential use, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district.
(C) Where no enclosed building is involved discontinuance of a nonconforming use for a period of six months shall constitute abandonment.
(D) Exception. whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of six consecutive months, or for a continuous period of 12 months if the building was original designed and constructed or modified for a nonresidential use, the owner may appeal to the City Council for a continuance of the nonconforming use. The City Council may grant a continuance of the same or more restricted zoning use by may not grant a less restricted use.
('71 Code, § 11-16-2) (Ord. 1413, passed 9-13-60; Am. Ord. 3849, passed 10-11-16) Penalty, see § 155.999