§ 153.302 DISCONTINUANCE DUE TO CESSATION OF USE.

(A) Nonconforming Use of Buildings and Structures. A nonconforming use shall be deemed to have ceased and shall not therefore be reestablished when it has been discontinued or abandoned, either temporarily or permanently, for a period of twenty-four (24) consecutive months or more with or without the intention to abandon such use. ('75 Code, § 9-2.1215)

(B) Exceptions to Subsection (A). Where the nonconforming use of a structure or building which is presently nonconforming has been abandoned or discontinued for a period of 24 consecutive months or more, the nonconforming use of such structure or building shall not be reestablished, except for the following uses:

(1) Agricultural Uses;

(2) Barns;

(3) Churches;

(4) Manufactured Homes;

(5) Open Space and conservation uses;

(6) Residential Care homes;

(7) Singe Family Dwellings; and

(8) All Accessory uses listed in Section 153.026(A) Table A.

('75 Code, § 9-2.1213)

(C) Nonconforming uses of land. Where the nonconforming use of land which involves no structures or buildings other than minor structures, such as the use of land for keeping of livestock, fences, signs, or buildings less than 400 square feet in floor area has been abandoned or discontinued for a period of 24 consecutive months or more with or without the intention to abandon such use, the nonconforming use of such land and structures shall not be reestablished. ('75 Code, § 9-2.1214)

(Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2012-558, effective 1-10-13)