Whenever any of the following conditions occurs, a nonconforming use shall be eliminated sooner than required in Section 15.304:
A. Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this Chapter, such premises shall not hereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.
B. Whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use of a building or structure or part thereof, such use shall not be reestablished after being discontinued or abandoned, and the use of the premises thereafter shall be in conformity with the regulations of the district in which it is located. Any one (1) of the following shall constitute prima facie evidence of intent to abandon.
1. Any positive act indicating such intent; or
2. Any conscious failure to take all necessary steps to resume the nonconforming use or occupancy with reasonable dispatch in the circumstances, including advertising of the property for sale or lease; or
3. In the case of a structure or of a structure and land in combination, discontinuance of the occupancy or nonconforming use for twenty-four (24) consecutive months.
C. Where no enclosed building is involved, discontinuance of the occupancy or nonconforming use for ninety (90) consecutive days, or for a total of six (6) months during any one (1) year period shall constitute abandonment, and thereafter such location shall not be used in a nonconforming manner.
D. If it is the intent of the owner of the premises to re-establish a nonconforming use or structure following the voluntary discontinuance of a nonconforming use or the voluntary discontinuance of occupancy of a nonconforming building or structure, the owner of the premises shall give written notice to the Village Clerk within thirty (30) days expressing the intent to reoccupy the premises and to continue the previous nonconforming use and/or structure (in which case a new occupancy permit is required). Failure to give such notice shall constitute intent to discontinue such nonconforming use and/or structure.
(Ord. 432, passed 8-15-2000)