A. A nonconforming
shall be presumed to be discontinued and abandoned, shall lose its nonconforming status, and shall not be reestablished or resumed and thereafter be used only for conforming purposes, when any of the following has occurred:
1. The owner has indicated intent to abandon the
, delivered in writing to the
.
2. When a nonconforming
is abandoned or discontinued for a consecutive 180-day period or for a total of (180) calendar days in a 12-month period.
3. At the point when the electric meter is pulled off or water service or other public utility service is terminated on a structure or
due to any reason, provided that it is not replaced or reactivated within the 180-day period immediately following.
B. When a
or
of land made nonconforming by adoption of this UDO is vacant or discontinued at the effective date of this UDO, the 180-day period begins to run at that date.
C. All of the buildings, activities, and operations maintained on a
are generally to be considered as a whole in determining whether a right to continue a nonconforming situation is lost pursuant to this section. However, if a nonconforming
is maintained in conjunction with a conforming use, discontinuance of a nonconforming use for the required period shall terminate the right to maintain it thereafter.
Commentary: For example, the failure to rent one apartment in a nonconforming apartment building for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as whole is continuously maintained.
(Ord., 3-16-21)