(a) Residential Structure. The structure may not continue in its current form without complying with all requirements of this Part 11 if it is considered vacant, abandoned, or the use has been discontinued for more than three (3) consecutive months by the Chief Building Official, Zoning Administrator, and City Administrator. Also, should the same individuals determine that the structure's condition requires complete replacement, the structure will lose its legal non-conforming status, and conformance will be required. Any subsequent use of the building referred to in this section shall also conform to the requirements of this Part 11.
(b) Commercial Structure. The structure may not continue in its current form without complying with all requirements of this Part 11 if it is considered vacant, abandoned, or the use has been discontinued for more than nine (9) consecutive months by the Chief Building Official, Zoning Administrator, and City Administrator. Also, should the same individuals determine that the structure's condition requires complete replacement, the structure will lose its legal non-conforming status, and conformance will be required. Any subsequent use of the building referred to in this section shall also conform to the requirements of this Part 11.
(c) Industrial Structure. The structure may not continue in its current form without complying with all requirements of this Part 11 if it is considered vacant, abandoned, or the use has been discontinued for more than nine (9) consecutive months by the Chief Building Official, Zoning Administrator, and City Administrator. Also, should the same individuals determine that the structure's condition requires complete replacement, the structure will lose its legal non-conforming status, and conformance will be required. Any subsequent use of the building referred to in this section shall also conform to the requirements of this Part 11.
(d) Determination of Abandonment, Discontinuance and Vacancy. Nonconforming lots, nonconforming buildings and structures, nonconforming uses of buildings and structures, and nonconforming uses of land will be considered abandoned, discontinued, or vacant if one (1) or more of the following conditions exists, and will be deemed to constitute intent on the part of the property owner to abandon, discontinue or vacate:
(1) Utilities, such as water, gas or electricity to the property, have been disconnected;
(2) The property, buildings, or grounds, have fallen into disrepair thus requiring full replacement;
(3) Signs or other indications of the existence of the nonconforming use have been removed;
(4) Equipment or fixtures that are necessary for the operation of the nonconforming use have been removed; or
(5) Other actions, which in the opinion of the Chief Building Official, Zoning Administrator, and City Administrator constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.
(Ord. 113-2020. Passed 12-21-20.)