7.102 Discontinuation of Nonconforming Use

  1. General
    The lawful use of land existing at the time of the passage of an ordinance making the use nonconforming, although such does not conform to the provisions hereof, may be continued, but if such nonconforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this Ordinance.
  2. Reversion Not Allowed
    A nonconforming use if changed to conforming use may not thereafter be changed back to a nonconforming use.  A nonconforming use if changed to a more restricted nonconforming use may not thereafter be changed unless to an equal or to a more restricted use.
  3. Resumption of Discontinued Nonconforming Use Not Allowed
    A nonconforming use, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment shall be defined as follows:
    1. When land used for a nonconforming use shall cease to be used in a bona fide manner for one calendar month.
    2. When a building designed or arranged for a nonconforming use shall cease to be used in a bona fide manner as a nonconforming use for a continuous period of 24 consecutive calendar months.
    3. When a building designed or arranged for a conforming use shall cease to be used in a bona fide manner as a nonconforming use for a period of twelve consecutive calendar months.

      Upon evidence of hardship, the Board of Adjustment shall have the power to extend the above time limits not to exceed six months.