(A) Vacancy. Any lot or structure, or portion thereof, occupied by a nonconforming use, which is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a period of six continuous months shall not thereafter be occupied, except by a use which conforms to this chapter; provided, that if a single-family owner occupied structure remains vacant for a period exceeding six continuous months because it is being foreclosed upon by a financial institution, the property shall not thereafter be occupied as a single-family owner occupied structure if the structure remains vacant for more than the six continuous months immediately succeeding the completion of the foreclosure proceeding; provided however, that if a single-family owner occupied structure remains vacant for a period exceeding six continuous months because the property owner is delinquent in paying ad valorem property taxes and the property is under going the tax foreclosure and sale procedure, the property shall not thereafter be occupied as a single-family owner occupied structure if the property remains vacant for more than the six continuous months immediately succeeding the completion of the tax sale proceeding.
(B) Damage. If any nonconforming structure or use is, by any cause, damaged to the extent of 50% of the value as determined by the Code Official, it shall not thereafter be reconstructed as such unless such reconstruction is first approved as a variance by the Zoning Board of Appeals; provided, that a single-family owner occupied structure that is up to 100% destroyed shall not thereafter be reconstructed as a single-family owner occupied structure unless such reconstruction commences no later than 12 months immediately succeeding the month in which the structure was destroyed.
(Ord. 08-02, passed 2-19-2008; Ord. passed 2-2-2010)