(a) Termination of Use Through Discontinuance. When any non-conforming use is discontinued or abandoned for more than one (1) year, any new use shall not thereafter be used except in conformity with the regulations of the district in which it is located, and the non-conforming use may not thereafter be resumed. The intent to continue a non-conforming use shall not be evidence of its continuance.
(b) Termination of Use by Damage or Destruction. Nothing in this Zoning Ordinance shall prevent the restoration of a non-conforming use, building or structure destroyed or damaged or prevent the continuance of such non-conforming use, provided that the owners of the property in question shall file with the Zoning Inspector a notice of intention to continue the non-conforming use within six months of such destruction or damage, and provided further that such restoration or construction is commenced within one year of the date of such notice of intention to continue the non-conforming use in question. In the event that such notice is not filed, then the non-conforming use in question shall be deemed to have been abandoned.
(1) A zoning certificate pertaining to such restoration shall be applied for and issued within one (1) year of such destruction, and rebuilding shall be diligently pursued to completion.
(2) Such restoration shall not cause a new nonconformity, nor shall it increase the degree of nonconformance or noncompliance existing prior to such damage or destruction.
(Ord. 99-1966. Passed 5-4-99.)