1143.12 TERMINATION OF NONCONFORMING USES.
   (a)   Termination of Use Through Discontinuance. When any nonconforming use is discontinued or abandoned for six (6) months or more, any new use shall not thereafter be used except in conformity with the regulations of the district in which it is located, and the nonconforming use may not thereafter be resumed. The intent to continue a nonconforming use shall be evidence of its continuance.
   (b)    Termination of Use by Damage or Destruction. In the event that any nonconforming building or structure is destroyed by any means to the extent of more than fifty percent (50%) of the replacement cost of the structure, exclusive of foundation, it shall not be rebuilt, restored or reoccupied for any use unless it conforms to all regulations of this Zoning Ordinance. When such a nonconforming structure is damaged or destroyed to the extent of fifty percent (50%) or less of the replacement cost, exclusive of foundation, no repairs or rebuilding shall be permitted except in conformity with all applicable regulations of this Zoning Ordinance or its amendments and the following conditions:
      (1)    A Zoning Certificate pertaining to such restoration shall be applied for and issued within ninety (90) days of such destruction, and rebuilding shall be diligently pursued to completion.
      (2)    Such restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformance or noncompliance existing prior to such damage or destruction.
      (3)    For purposes of this section, "replacement cost" shall be defined as the reproduction cost of the structure, exclusive of foundations, prior to the calamity depreciated in accordance with applicable Internal Revenue Guidelines for the structure.