25.3.C Discontinuation or Abandonment

1.  A particular use that is established as nonconforming is deemed abandoned when that particular nonconforming use is discontinued or becomes vacant or unoccupied for a continuous period of one-hundred eighty (180) days. An abandoned nonconforming use may not be re-established or resumed regardless of intent. Any subsequent occupancy shall comply with all regulations of the zoning district in which the land or structure is located. Where a nonconforming use has ceased operation for renovations in conjunction with a lawfully issued building permit, the nonconforming use shall restore operation within one-hundred eighty (180) days of the cessation of the use.

2.  The calculation of the period of discontinuance does not include any period of discontinuance caused by state of emergency, force majeure, or acts of public enemy .

3. The existence of a nonconforming use on part of a lot or tract is not construed to establish a nonconforming use on the entire lot or tract.

4.  The casual, intermittent, temporary, or illegal use of land or structures is not sufficient to establish and maintain the existence of  any nonconforming use, whether the use is a main or accessory use.  In order to provide for the continuation of any established nonconforming commercial use, the business occupying the land or structure shall be in operation a minimum of four (4) hours per day, five (5) days per week. Equipment or furnishings required by City ordinances for the specific type of activity shall be available and the structure shall be maintained in accordance with applicable ordinances of the City. The existence of a nonconforming use on part of a lot or tract is not construed to establish a nonconforming use on the entire lot or tract.

5.  If there are multiple non-conforming uses at a business location, all of those non-conforming uses need to be maintained (i.e. does not cease for 180 days or more).  If one non-conforming use ceases and the other(s) are maintained, the use that ceases cannot be re-established if it has ceased for 180 days or more.  The exception is if there is an ancillary use.

Reception facilities are not considered casual or temporary due to the intermittently operating nature of the business for scheduled events with food and beverage service at the request of clients. These private events with food and beverage service, scheduled by non-owners and/or operators, shall be held a minimum of fifteen (15) occasions a year to uphold a legal operating status as a reception facility. Exceptions to this operational standard are appealable to the Board of Zoning Adjustments.

Ord. 29126 MCS, 8-4-22, ZD 16/22