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§ 265-1209 ABANDONMENT

A nonconforming use of a building or land that has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned as follows:

  1. When the intent of the owner to discontinue the use is apparent; or
  2. When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within ninety (90) days, unless other facts show intention to resume the nonconforming use; or
  3. When a nonconforming use has been discontinued for a period of one year; or
  4. When it has been replaced by a conforming use; or
  5. When it has been changed to another use under approval by the Zoning Hearing Board.