(a) Generally. A nonconforming use terminates when the use ceases operation for 12 consecutive months or when the scope of the use is so significantly reduced during the 12-month period as to change its nature or character. The Planning and Zoning Officer shall calculate the cessation of the use, and, provided the cessation was not caused by the property owner, may exclude in the calculation any cessation up to:
(1) two years in which the use ceased because of government action, or destruction due to fire or natural catastrophe; or
(2) twenty years in which the use of a nonconforming use structure ceased because of damage, but not destruction, caused by fire or natural catastrophe.
(b) Extension of nonconforming use. The Planning and Zoning Officer may extend the 12-month period set forth in subsection (a) to a maximum of 18 months upon a written application for extension received before the termination date. The application shall demonstrate unusual or exceptional circumstances beyond the control of the property owner that prevented continuance of the nonconforming use. The Planning and Zoning Officer’s decision on the application shall be in writing and shall specify the reason for the decision.
(c) Conformance with article after termination. After a nonconforming use is terminated, any further use of the site shall be in conformance with this article.
(Bill No. 4-05; Bill No. 69-07; Bill No. 50-17; Bill No. 116-21)