(A) When a
is (1) discontinued for a consecutive period of 180 days, or (2) discontinued for any period of time without a present intention to reinstate the
(maintaining minimum services, water, sewer, electricity), the property involved may thereafter be used only for conforming purposes, except as provided in division (B) of this section.
(B) The
may issue a
to allow a
that has been discontinued for more than 180 consecutive days to be reinstated if it finds that (1) the
has been discontinued for less than two years, and (2) the discontinuance resulted from factors that, for all practical purposes, were beyond the control of the
maintaining the
.
(C) If the principal activity on property where a other than a
exists is (1) discontinued for a consecutive period of 180 days, or (2) discontinued for any period of time without a present intention of resuming that activity (maintaining minimum services, water, sewer, electricity), then that property may thereafter be used only in conformity with all of the regulations applicable to the district in which the property is located, unless the
issues a
to allow the property to be used (for a conforming purpose) without correcting the nonconforming situation. The Board shall issue such a permit if it finds that (1) the nonconforming situation cannot be corrected without undue hardship or expense, and (2) the nonconforming situation is of a minor nature that does not adversely affect the surrounding property or the general public to any significant extent.
(D) For purposes of determining whether a right to continue a is lost pursuant to this subsection, all of the , activities, and operations maintained on a
are generally to be considered as a whole. For example, the failure to rent one
in a nonconforming
or one space in a nonconforming
for 180 days shall not result in a loss of the right to rent that
or space thereafter so long as the
or
as a whole is continuously maintained. But if a
is maintained in conjunction with a conforming use, discontinuance of a
for the required period shall terminate the right to maintain it thereafter. And so, if a
is used as a
on a residential
where a conforming residential
also is located, removal of that
for 180 days terminates the right to replace it.
(E) When a
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 subsection begins to run at the effective date of this chapter unless services are maintained (water, sewer, electricity).
(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2010-O20, passed 7-20-2010; Am. Ord. 2016-O11, passed 9-13-2016)