(A) General. For purposes of determining whether a right to continue a nonconforming situation is lost pursuant to this subchapter, all of the buildings, activities, and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one space in a nonconforming manufactured home park for 180 days shall not result in the loss of the right to rent that space thereafter so long as the manufactured home park as a whole is continuously maintained and has a valid certificate of zoning compliance. But if a nonconforming use 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. And so, if a manufactured home is used as a nonconforming use on a residential lot where a conforming residential structure also is located, removal of that manufactured home for 180 days terminates the right to replace it.
(B) Change of nonconforming uses. Any nonconforming use may be changed to a conforming use, or with the approval of the Board of Adjustment, to any use more in character with the uses permitted in the district. In permitting such changes, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this chapter.
(C) Abandonment and discontinuance of nonconforming situations.
(1) When a nonconforming use is discontinued for a consecutive period of 180 days, the property involved may thereafter be used only for conforming purposes.
(2) If a structure or operation is vacant or discontinued at the effective date of this chapter, the 180-day period, for purposes of this subchapter, shall begin at such date. In cases when a manufactured home is declared abandoned by the Administrator, such 180-day period shall expire upon official date of the declaration.
(Ord. passed 10-17-2011; Res. passed 5-18-2015)