§ 28-8-6. Destruction, Abandonment and Termination.

Except as provided in this article, the abandonment or destruction of a nonconforming use under the criteria established herein shall result in the termination of the nonconforming status of that use or structure. The property shall thereafter conform to the regulations of the district and the nonconforming use may not be resumed.

(a)

Destruction. A nonconforming structure shall not be reconstructed except in conformity with the provision of this ordinance. The destruction of a nonconforming structure shall be deemed to have occurred where any of the following conditions are met:

(1)

The cost to repair damage to the structure is more than seventy-five (75) percent of the replacement cost of the structure; or

(2)

The nonconforming structure has been found to be unsafe and unlawful by reason of physical condition due to a lack of repairs and maintenance, and has been so declared by any duly authorized public official.

(b)

Abandonment of a Nonconforming Use. The term "abandonment" as used herein shall mean the intentional or implicit discontinuance of a nonconforming use for a specified period of time. The normal, seasonal cessation of a use, or a temporary discontinuance for purposes of maintenance, rebuilding after damage or destruction or maintenance or improvements permitted under this article shall not be included in calculating the period of discontinuance. Any one of the following shall constitute evidence of the abandonment of a nonconforming use:

(1)

In the case of a structure or of a structure and land in combination, the visible or otherwise apparent discontinuance of the use of a building, other structure or premises, resulting from an owner's overt act or failure to act including but not limited to the removal of characteristic equipment or furnishings used in the performance of the use without its replacement by similar equipment or furnishings within a period of twelve (12) months;

(2)

In the case of nonconforming use of land, the cessation of such use for more than twelve (12) consecutive months or for twenty-four (24) months within any three-year period; or

(3)

In the case of a nonconforming structure which is destroyed due to natural causes, the failure to commence restoration within one year as required under Section 28-8-5(c) shall result in the termination of its nonconforming status.

(c)

Termination. Except as provided in Section 28-8-5(c), Replacement of Nonconforming Structures That Have Been Destroyed, of this ordinance, the abandonment or destruction of a nonconforming structure, building or use shall result in the termination of its nonconforming status.

(Ord. No. 2845, § I, 9-12-11)