(A) When a nonconforming use is discontinued for a consecutive period of 180 days, or discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only for conforming purposes, except as provided in division (B) below.
(B) The Town Council may issue a special use permit to allow a nonconforming use that has been discontinued for more than 180 consecutive days to be reinstated (see § 154.266).
(C) If the principal activity on property where a nonconforming situation other than a nonconforming use exists is discontinued for a consecutive period of 180 days, or discontinued for any period of time without a present intention of resuming that activity, then that property may thereafter be use only in conformity with all of the regulations applicable to the district in which the property is located, unless the Town Council issues a special use permit to allow the property to be used (for a conforming purpose) without correcting the nonconforming situation (see § 154.266).
(D) (1) For purposes of determining whether a right to continue a non-conforming situation is lost pursuant to this section, all of the buildings, activities and operations maintained on a lot are generally to be considered as a whole.
(2) For example, the failure to rent 1 apartment in a nonconforming apartment building, or 1 space in a nonconforming mobile home park 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 or mobile home park as a whole is continuously maintained.
(3) 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.
(4) And so, if a mobile home is used as a nonconforming use on a residential lot where a conforming residential structure is also located, removal of that mobile home for 180 days terminates the right to replace it.
(E) When a structure or operation made nonconforming by this chapter is vacant or discontinued at the effective date of this chapter, the 180-day period for purposes of this subsection begins to run at the effective date of this chapter.
(1981 Code, § 1005) (Ord. passed 6-28-2004)