1151.04 TERMINATION OF NONCONFORMING USES.
   The right to maintain and operate a nonconforming use shall terminate immediately in the event one or more of the following occurs:
   (a)   Discontinuance and Abandonment. Whenever a nonconforming use has been discontinued for a period of 6 months or more, the discontinuance shall be considered conclusive evidence of an intention to abandon legally the nonconforming use. At the end of the 6-month period, the nonconforming use shall not be reestablished, and any further use shall be in conformity with the provisions of this Zoning Ordinance.
   (b)   Damage or Destruction. In the event that any building or structure devoted to a nonconforming use is destroyed by any means to the extent of more than its assessed value, as determined for tax purposes by the county auditor, it shall not be rebuilt, restored or reoccupied for any use unless it conforms to all regulations of this Ordinance.
   (c)   Illegal Nonconforming Uses. Nonconforming uses existing on the effective date of the Zoning Ordinance established without a zoning certificate, or those nonconforming uses which cannot be proved conclusively as existing prior to the effective date of the Zoning Ordinance, shall be declared illegal nonconforming uses and shall be discontinued within a period of two years following the effective date of the Zoning Ordinance.
(Ord. 3-95. Passed 1-17-95.)