§ 155.161  DISCONTINUANCE OF USE.
   (A)   Whenever any part of a building, structure, or land occupied by a non-conforming 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 a non-conforming use, even though the building may have been originally designed and constructed for the prior non-conforming use.
   (B)   Whenever a non-conforming use of a building, structure or part thereof has been discontinued, or whenever there is evident a clear intent on the part of the owner to abandon a non- conforming use for a period of six consecutive months, 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 non-conforming use for a period of six months shall constitute abandonment, and shall not hereafter, may be completed within accordance with the approved plans. Any such building shall comply with all regulations under which the original permit was issued. Any such building shall thereafter be deemed a lawfully established building.
   (D)   A use not legally authorized by the provisions of this chapter in existence prior to the time this chapter becomes effective shall be deemed a violation and discontinued unless such use or structures is in conformance with the provisions of this chapter.
(Ord. 07-O-01, passed - -2007)