(a) A nonconforming use of a building or premises which has been discontinued shall not thereafter be returned to such nonconforming use.
(b) A nonconforming use shall be considered discontinued:
(1) When the intent of the owner to discontinue the use is express; or
(2) When the use is voluntarily discontinued for six (6) months or more. The intent to voluntarily discontinue a use may be implied from acts or the failure to act, including, but not limited to, the removal of and failure to replace the characteristic equipment and furnishings; or
(3) The cessation of business operations for two (2) years or more unless the cessation of business operations was caused by factors out of the control of the business such as the disability or illness of the proprietor or governmental action unrelated to the behavior of the business. If the business operations have ceased for more than two (2) years, the presence of characteristic equipment and furnishings is not relevant;
(4) When it has been replaced by a conforming use; or
(5) When it has been changed to another use under permit from the Board of Zoning Appeals.
(Ord. No. 1138-02. Passed 12-6-04, eff. 12-7-04)