(A) The provisions of § 151.130 and divisions (A) and (B) of § 151.133 shall not apply if a nonresidential use or structure ceases to operate for a period of 30 continuous months and the of the property did not conform with the land use classification as denoted in the existing zoning regulations for the zoning district in which it is located. Anytime after the 30-month cessation, any use proposed to be established on the site, including any existing or proposed on-site sign, must conform to the provisions of the existing zoning regulations. For the purposed of this division, the 30-month period of continuous ceased operation shall be tolled by:
(1) The period in which a nonresidential use is party to any action in a court of competent jurisdiction regarding the use of the property until such time that a final settlement, order, decree, or judgment has been rendered;
(2) Any period in which a facility is being constructed, reconstructed, renovated, or refurbished, provided that all necessary building permits were obtained within 30 months of cessation of continuous use;
(3) The filing of an application for a building permit for the alteration, renovation or reconstruction of a structure which is non-conforming or of a structure in which or out of which a non-conforming nonresidential use operates or is located; or
(4) The reactivation of the non-conforming use any time prior to the end of the 30-month period.
(B) The restrictions of division (A) of this § 151.136 shall only apply if the property owner intentionally and voluntarily abandons the nonconforming use of the property. In any contested matter on the use of such property, the town has the burden of proving an overt act of abandonment in such matter.
(C) The restrictions of division (A) of this § 151.136 shall not apply to any industrial establishment location where 25% or more of the gross annual sales from such location are derived from sales to or contracts with local, state or federal governments or as a subcontractor to contracts with the same, or to any industrial establishment location where 75% or more of the gross annual sales from the location are made to agriculture or construction businesses.
(Ord. 2009-07, passed 7-13-09)