(A) Lapse of non-conforming designation. Where a structure is non-conforming or where the use of a structure is non-conforming or where the land has non-conforming status, such status shall be forfeited under any of the following circumstances:
(1) If the non-conforming land is legally joined under common ownership with other adjoining land so that the entity is conforming;
(2) If a non-conforming use of land ceases for a period of twelve (12) consecutive months;
(3) If a non-conforming structure is made to conform;
(4) If a non-conforming use of a structure or a non-conforming use of a structure and land in combination is discontinued or abandoned for twelve (12) consecutive months. As used herein, the words “discontinued/abandoned” means that one (1) owner or responsible party for the use of the property cannot demonstrate that he or she had clear intent to continue using the property for the non-conforming purpose and that he or she had augmented that intent by making every reasonable effort to continue to have the property so used. Intent can be demonstrated by providing documentation or evidence that:
(a) The owner has made reasonable continuous effort to have the property rented or sold for the non-conforming purpose;
(b) The property has been vacant as a result of legal proceedings; or
(c) The owner, by reason of age or infirmity, was unable to manage or cope with the responsibility of a tenant; or
(5) The non-conforming use is changed to a conforming use no matter how short the period of time.
(B) Non-conforming lots of record.
(1) In any district where a specified use is permitted, permitted buildings and customary accessory structures may be constructed on any single lot of record as defined by this chapter, notwithstanding limitations imposed by other provisions of this chapter.
(2) Such lot must be of separate ownership and not of continuous frontage with other lots in the same ownership. If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in a single ownership are of record at the time of passage of this chapter and if all or part of the lots do not meet the requirements established for lot width and lot area, the lands involved shall be considered an undivided parcel for the purpose of this chapter.
(C) Intermittent use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a non-conforming use and the existence of a non-conforming use on the part of a lot or tract shall not be construed to establish a non-conforming use on the entire lot or tract.
(Ord. 2003-06, passed 3-3-03)