(A) When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(B) A nonconforming use shall be considered discontinued when the following apply.
(1) When the intent of the owner to discontinue the use is apparent.
(2) When the characteristic equipment and the furnishing of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within 90 days, unless other facts indicate the intention to resume the nonconforming use.
(3) When it has been replaced by a conforming use.
(4) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.
(5) Nonconforming uses located in the floodway portion of the Floodplain District shall be eliminated or brought into conformity with the standards contained in Chapter 153, Floodplain Management, within a reasonable period of time as determined by the Board of Adjustment, after a hearing for each nonconforming use. The Board shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of the nonconforming use, by reason of the limitation on establishment of competing businesses as a result of this chapter, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this chapter.
(Ord. 221, passed 11-6-1995) Penalty, see § 10.99