A. Expiration for discontinuance of use. Except as provided in subsections C and D, if a nonconforming use is discontinued for a continuous period exceeding one year, the right to continue the nonconforming use expires for discontinuance of use.
B. Expiration of deemed conditional use permit. Except as provided in subsections C and D, if the use authorized by a deemed conditional use permit is discontinued for a continuous period exceeding one year, the deemed conditional use permit expires for discontinuance of use and is thereafter void.
C. Temporary suspension of expiration pending application for change of use.
1. When calculating the expiration dates set forth in subsections A and B above, the period of discontinuance shall be tolled from the date an application is timely filed to change from one nonconforming use to another nonconforming use until the date a decision on the application is final.
2. If the application to change from one nonconforming use to another nonconforming use is denied and less than 30 days remain of the one-year period resulting in expiration for discontinuance of use, additional applications may be filed not later than 30 days from the date of denial of the prior application. For purposes of this subsection, the date of denial shall be the date the decision becomes final.
D. Extension of time. A zoning administrator conditional use permit is required to extend the period of time that a nonconforming use or a use authorized by a deemed conditional use permit may be discontinued before it expires for discontinuance of use under subsections A and B of this section. The conditional use permit application to extend time shall be filed prior to the expiration of the nonconforming use for discontinuance of use. (Ord. 2021-0024 § 28; Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)