§ 39-72. Discontinuance, destruction or abandonment of a nonconforming use.

(a)

Nonconforming use of land. If for any reason a nonconforming use of land ceases or is discontinued for a period of more than sixty (60) days, the land shall not thereafter be used for a nonconforming use.

(b)

Nonconforming use of building or structure. If for any reason the nonconforming use of a building or structure ceases or is discontinued for a period of six (6) months or more, the building or structure shall not thereafter be used for a nonconforming use.

(c)

Reconstruction after catastrophe. If any nonconforming building or structure in which there is a nonconforming use, is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that the cost of rebuilding, repair and reconstruction will exceed fifty-one percent (51%) of the replacement cost of the same building or structure, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located. For purposes of this subsection, multiple-family residential buildings in multiple-family residential districts which are nonconforming insofar as maximum density, shall be exempt from this subsection and may be reconstructed to the same density, height, setbacks, plot coverage and amount of off-street parking as was originally provided, subject to compliance with the Land Development Code and subject to availability and allocation of reserve units.

(Ord. No. 95-50, § 13, 11-28-95; Ord. No. 2000-30, § 1, 6-13-00)