Any nonconforming use which has been abandoned shall not thereafter be re-established. Any building, land, or building and land in combination, which was formerly devoted to a nonconforming use which has been abandoned, shall not again be devoted to any use other than those uses which are permitted in the district in which the building, land, or building and land in combination, is located.
(A) Abandonment defined. The term
ABANDONMENT as used herein, shall mean the voluntary discontinuance of nonconforming use when accompanied by an intent not to re-establish such use or occupancy. Any one of the following shall constitute prima facie evidence of intent to abandon:
(1) Any positive act indicating such intent;
(2) Any conscious failure to take all necessary steps to resume the nonconforming use with reasonable dispatch in the circumstances, including advertising of the property for sale or for lease;
(3) In the case of a building or of a building and land in combination, discontinuance of the nonconforming use for 12 consecutive months;
(4) In the case of land only, discontinuance of the nonconforming use for 90 consecutive days, or for a total of six months during any one-year period; or
(5) In the case of a nonconforming building which is damaged by means out of the control of the owner to an extent of less than 50% of the cost of restoration of the entire building new, failure to commence restoration within six months from the date of partial destruction, or conclude restoration within two years from the time restoration construction is initiated.
(B) Written notice. Upon the discontinuance of a nonconforming use the owner of the premises shall give written notice to the Zoning Administrator within 30 days expressing one of the following intents:
(1) The intent to continue the previous nonconformities (in which case a new certificate of nonconformity is required); or
(2) The intent to discontinue any nonconformities (in which case any related certificate of nonconformity must be forfeited).
(Ord. 77-03, passed 1-19-77; Am. Ord. 86-03, passed 4-23-86) Penalty, see § 159.999