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1149.06 PLANNING AIVD ZONING CODE 84 1149.06 NONCONFORMING USES. A nonconforming use existing at the time of the passage of this section (May 20, 1935) may be continued. A nonconforming use shall not be extended except as authorized by Section 1149.05 but the extension of a use to any portion of a building, which portion was arranged or designed for such nonconforming use at the time of the passage of this section (May 20,1935), shall not be deemed the extension of a nonconforming use. A building arranged, designed or devoted to a nonconforming use at the time of the passage of this section (May 20, 1935) may not be reconstructed or structurally altered to an extent exceeding in aggregate cost, during any ten year period, sixty percent of the assessed value of the building unless the use of the building is changed to a conforming use. A nonconforming use may not be changed unless changed to a higher use. A nonconforming use if changed to a conforming use may not thereafter be changed back to any nonconforming use. A nonconforming use if changed to a higher nonconforming use may not thereafter be changed unless to a still higher use. A nonconforming use included in a U-7 use class shall not be changed unless changed to a conforming use. In a U-1, U-2 or U-3 District a nonconforming use included in a Local Business District or a U-5 or U-6 use class shall not be changed unless changed to a conforming use. For the purposes of this Code, a use shall be deemed to be changed if changed from a use included in a subdivision of a use class to a use not included in such subdivision. For the purposes of this Code, a nonconforming use shall be deemed to be changed to a higher use if the use to which such nonconforming use is changed is a use included in a subdivision of a use class that in the arrangement of classes and subdivisions in the classification of uses precedes the subdivision in which such nonconforming use is included. (Ord. 159. Passed 5-20-35; Ord. 960. Passed 7-18-66.) 1149.07 CESSATION OF NONCONFORMING USE. If the nonconforming use of any building or property within the Municipality ceases for any reason for a continuous period of more than six months then any future use of such building and property shall be in conformity to the uses and regulations specified by this Planning and Zoning Code for the district in which such building and property is located. If any building in or on which any nonconforming use is conducted or maintained is hereafter removed from the property on which such nonconforming use was conducted or maintained then the subsequent use of such property and the subsequent location and use of any building thereon, should the same be moved, shall be in conformity to the uses and regulations specified by this Planning and Zoning Code for the district in which such property is located. (Orcl. 87-33. Passed 12-21-87.) 1149.08 VARIANCES BY COLTNCIL. (EDITOR'S NOTE: This section was repealed by Ordinance 96-11, passed March 18, 1996.) 1149.99 PENALTY. The owner or owners of any building or premises or part thereof, where anything in violation of this Zoning Code is placed, or exists, and any architect, builder or contractor who may be employed to assist in the commission of any such violation and all persons or corporations who violate any provision of this Code or fail to comply therewith, or any requirements thereof or who build in violation of any detailed statement of plans submitted and approved thereunder, where no other penalty is provided, shall for each and every violation or noncompliance be fined not more than five hundred dollars ($500.00). Each day during or on which a violation continues shall constitute a separate offense. (Ord. 159. Passed 5-20-35; Ord. 766. Passed 6-18-62.) 2006 Replacement