Termination and abandonment of non-conforming uses, buildings or structures shall be subject to the following.
(a) Any non-conforming use, building or structure that is replaced by a conforming use, building or structure shall be deemed immediately abandoned and cannot thereafter be revived.
(b) A non-conforming use, building or structure discontinued for a period of 12 consecutive months shall be presumed abandoned and shall not thereafter be revived without proof, satisfactory to the Zoning Administrator, that the owner did not intend its abandonment through disuse. In making its determination, the Zoning Administrator shall take into account the owner’s compliance (or non-compliance) with the provisions of subsection (c) and shall consider the impact the use will have on the character of the neighborhood.
(c) One or more of the following shall be deemed evidence of intent to discontinue and abandon a non-conforming use, building or structure:
(1) Failure to properly secure windows, walls/or doors of the property;
(2) Use of the property for a conforming use;
(3) Demolition of the structure;
(4) Failure to apply for licenses and/or permits necessary to continue such non-conforming use;
(5) Failure to market a vacant property for sale or lease, during periods when the property is not actively under renovation;
(6) Failure to appeal the denial of a permit to continue the use; and
(7) Failure to file letters of intent as per § 1323.02.
(d) A non-conforming use, building or structure shall not be deemed abandoned under the following circumstances:
(1) The consequent restrictions imposed upon the use by a governmental authority during wartime;
(2) Destruction of the property by natural disaster (other than fire, flood or explosion); and
(3) Cessation of business during any permitted repair to a structure or to the property.
(e) Any use that has been discontinued for a period of 12 continuous months shall be deemed abandoned, unless the owner or the owner’s authorized agent submits to the Zoning Administrator, at the end of 12 months and every six months thereafter, a letter of intent which clearly indicates that attempts to secure a buyer or tenant for the use are ongoing.
(Ord. 6192, approved 7-21-2011)