A. Termination by Discontinuance.
1. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of at least one hundred eighty (180) days or more, rights to a legal nonconforming status shall terminate, regardless of the owner's intention to abandon.
2. The determination of abandonment shall be supported by evidence, satisfactory to the director (e.g., the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continual operation).
3. Without further action by the city, further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this development code.
B. Termination by Destruction. If a nonconforming structure, or a conforming structure used for a nonconforming use, is damaged, destroyed or demolished, the right to continue occupancy of the nonconforming structure, or to continue the nonconforming use shall cease; provided however, that the structure may be re-paired or rebuilt and reoccupied only as follows:
1. If the cost of repairing or replacing the damaged portion of the structure does not exceed fifty (50) per-cent of the current appraised value of the structure, as shown in the county assessor's records, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and
2. If the cost of repairing or replacing the damaged portion of the structure exceeds fifty (50) percent of the current appraised value of the structure, as shown in the county assessor's records, a minor conditional use permit (16.52) shall be required to authorize the restoration of the structure and continue the use. The minor conditional use permit shall include a finding, in addition to those contained in Section 16.52.040 (Findings and Decision), that the benefit to the public health, safety or welfare exceeds a detriment inherent in the restoration.
(Ord. 182 § 2 (part), 1997)