(A) When a nonconforming use is discontinued for a consecutive period of 180 days, or discontinued for any period of time without a present intention to reinstate the nonconforming use, the property involved may thereafter be used only for conforming purposes.
(B) If the principal activity on property where a nonconforming situation other than a nonconforming use exists is discontinued for a consecutive period of 180 days, or discontinued for any period of time without a present intent to resume such activity, then the property may thereafter be used only in conformity with all of the regulations applicable to the preexisting use unless the permit-issuing authority (Land Use Administrator, BOA, or BOC) issues a permit to allow the property to be used for this purpose without correcting the nonconforming situations. This permit may be issued if the permit-issuing authority finds that eliminating a particular nonconformity is not reasonably possible (i.e., cannot be accomplished without adding additional land to the lot where the nonconforming situation is maintained or moving a substantial structure that is on a permanent foundation). The permit shall specify which nonconformities need not be corrected.
(C) Pursuant to this section, in order to determine whether a right to continue a nonconforming situation is lost, all of the buildings, 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 nonconforming apartment building for 180 days shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained. If, however, a nonconforming use is maintained in conjunction with a conforming use, then discontinuance of a nonconforming use for the required period shall terminate the right to maintain such nonconforming use thereafter.
(D) When a structure or operation made nonconforming by this chapter is vacant or discontinued at the effective date of this chapter, the 180-day period for purposes of this section begins to run on the effective date of this chapter.
(Ord. passed 12-20-2001) Penalty, see § 152.999