(A) A nonconforming use may be continued until such time as there is an abandonment of such use. An abandonment of such use shall be established upon any one of the following events:
(1) The cessation of such nonconforming use continued for a period of twelve consecutive months.
(2) The removal of substantially all of the equipment used in the nonconforming use.
(3) A change in the nonconforming use to a higher use.
(B) Any property purchased or acquired in good faith for any nonconforming use prior to June 6, 1949 or prior to annexation, upon which property the work of changing or remodeling for the nonconforming use has been begun and for which a building permit has been issued, may be used for the nonconforming use for which such changing or remodeling was undertaken, notwithstanding any provision of this Zoning Code to the contrary. Nothing in this Zoning Code shall prevent the reconstruction or replacement of a building wholly or partly destroyed by fire, explosion, act of God or act of a public enemy subsequent to June 6, 1949 or to annexation, or prevent the restoration of a wall declared unsafe by the Building Commissioner.
(C) Except on special permit, as provided in Section 1244.05, a nonconforming use shall not be extended. However, the extension of a use to any portion of a building, which portion was arranged and designed for such nonconforming use on or before June 6, 1949 or on or before annexation, shall be permitted. Further, a building arranged or designed for and devoted to a nonconforming use on June 6, 1949 or on annexation, which use has been conducted without abandonment as provided in subsection (a) hereof, may be reconstructed, structurally altered or enlarged in any lawful manner or to any extent so as to increase the floor space thereof over that existing on June 6, 1949 or on annexation, by not more than fifty percent (50%), unless the use of such building is changed to a conforming use. Any building which has been used for a nonconforming use may be replaced by a new building on the same area, which new building shall be used for such nonconforming use, such shall not contain more than one hundred and fifty percent (150%) of the floor space of the replaced building and shall conform to all building regulations of the City. A nonconforming yard use, operated without abandonment since June 6, 1949 or since annexation, may be housed to provide floor area of not more than that of the yard so used, upon a special permit as provided in Section 1244.05.
(D) A nonconforming use shall not be changed unless changed to a higher use. A nonconforming use, if changed to a higher use, may not thereafter be changed back to a lower use. For the purpose of this subsection, a use shall be deemed to be changed if changed from a use listed in Sections 1248.01 to 1248.03, inclusive, 1248.11, 1250.01, 1252.01, 1252.02, 1254.01 and 1256.03 to a use not listed. Such change shall be deemed a change to a higher use if the new use is a use that is listed in a preceding numbered section.
(Ord. 66-83. Passed 4-25-83.)