9.2.1. Abandoned.

   To cease, either intentionally or unintentionally, from actively using land, structures, or any premises for the intended or previous use , but excluding temporary periods of inactivity due to remodeling, maintaining, or otherwise improving a facility. Abandonment is often referenced to a specified time period.

   This definition includes "abandon", "abandonment", and any other tense or version of the word "abandoned."

9.2.2. Discontinued.

   To quit or cease, either intentionally or unintentionally, operation or activity associated with a use of land, structures, or any premises from their intended or previous use or to replace the previous use with a new use of a different kind or class. A change of occupancy, owner, or tenant does not constitute a discontinuance or change of use .

   This definition includes "discontinue", "discontinuance", "ceased" (as it refers to a use, and any other tense or version of the word "discontinued."

9.2.3. Intent to Resume.

   An "intent to resume" a use , operations, or activities may be demonstrated through continuous operation of a portion of the facility, by the maintenance of water, sewer, electric, and other utility service (as appropriate), or by other outside documentation such as proof of deliveries.

(Ord., 3-16-21)

9.3. NONCONFORMING USES.

9.3.1. Normal Maintenance and Repair.

   Normal maintenance or repair of structures where nonconforming uses are located may be performed in any consecutive twelve-month period, to an extent not exceeding 33% of the current assessed value of the structure. Such maintenance and repair shall not be allowed to increase the usable space of the structure occupied by the nonconforming use , except pursuant to this section.

9.3.2. Extension or Alteration.

   A.   A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this UDO, was manifestly designed or arranged to accommodate such use . However, a nonconforming use may not be extended to additional buildings or to land outside the original building .

   B.   A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use involving the removal of natural materials (e.g., a quarry) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming if ten percent or more of the earth products had already been removed at the effective date of this UDO.

   C.   For full description of standards for alterations or additions, see Figure 9.6-A.

9.3.3. Change in Use.

   A nonconforming use may be changed, modified, or expanded to any permitted use (s) in the subject district. The affected property may not then revert to a nonconforming use .