A. If a nonconforming use is not used for a period of one hundred eighty consecutive days after the date it is rendered nonconforming, then that use shall not be renewed or reestablished and any subsequent use of the parcel of land or structure shall conform to the regulations of the zoning district in which it is located.

B. A property owner whose nonconforming use has not been used for a period of one hundred eighty consecutive days may request an administrative determination from the Zoning Administrator whether the nonuse of the property was due to some conduct within the control of and attributable to the property owner or a previous property owner. A determination that the nonuse was not due to some conduct within the control of and attributable to the property owner or a previous property owner shall mean that the nonconforming use may be renewed or reestablished. In addition to intentional acts, conduct in the control of and attributable to the property owner may include negligent or inadvertent acts and/or engagement in civil or criminal misconduct that the property owner knows or should know could lead to involuntary closure.

The Zoning Administrator’s determination may be appealed to the Board of Adjustment in accordance with the provisions of section 502. (Ord. No. G-3409, 1991; Ord. No. G-4187, 1999)