§ 134. Nonconforming use—Discontinuance or abandonment.  


Latest version.
  • A nonconforming use shall not be re-established after discontinuance or abandonment for 12 months. Vacancy and/or non-use of the building, regardless of the intent of the owner or tenant, shall constitute discontinuance or abandonment under this section; provided, however, that if any required occupational tax license is maintained and renewed in a timely fashion for the subject nonconforming use, said nonconforming use shall not be considered discontinued or abandoned even if the building containing the nonconforming use remains vacant. If an occupational tax license is required for said nonconforming use and the license pertaining to said use has lapsed for more than 12 months, said lapse of occupational tax license shall constitute discontinuance or abandonment.

(Ord. No. 17-003 , § 1, 10-2-2017)