§ 158.080  ABANDONMENT, DISCONTINUANCE OR REDUCTION OF NON-CONFORMITY.
   (A)   Effect of non-conforming use discontinuation. When a non-conforming use is discontinued for a consecutive period of 180 days or discontinued for any period of time without a present intention to reinstate the non-conforming use, the property involved may thereafter only be used for conforming uses.
   (B)   Effect of violation of this subchapter. A prohibited expansion of a non-conformity or other violation of the legal requirements of this subchapter shall constitute and abandonment of the right to continue the non- conformity.
   (C)   Effect of non-conformity discontinuance. If the primary use on property where a non-conformity other than a non-conforming use exists is discontinued for a consecutive period of 180 days or discontinued for any period of time without a present intention of resuming that activity, then the property may thereafter be used only in conformity with any of the regulations applicable to the preexisting use unless the Commission issues a special use permit for alteration of the non-conformity pursuant to § 158.084 of this chapter to allow the property to be again used for this primary purpose without remedying the non-conforming situations.
   (D)   Effect of reducing intensity, scope or area of non-conformity. If a non-conformity is lawfully reduced in scope, area or intensity, but not discontinued or abandoned, no right shall exist to thereafter restore the original scope, area or intensity of the non-conformity.
   (E)   Determination for property as a whole. For purposes of determining whether a right to continue a non-conforming situation is lost pursuant to this section, all of the structures, activities and operations maintained on a lot are generally to be considered as a whole. For example, the failure to rent one apartment in a non- conforming apartment building for 180 days shall not result in a loss of the right to rent the apartment or space thereafter so long as the apartment building as a whole is continuously maintained. But if a non-conforming use is maintained in conjunction with a conforming use, discontinuance of a non-conforming use for the required period shall terminate the right to maintain it thereafter.
(Ord. 3399, passed 12-5-2005)