§ 18-307. Discontinuance or abandonment.
(a) Discontinuance of use.
Whenever the active and continuous operation of any nonconforming use, or any part of that use, has been discontinued for 12 consecutive months:
(1) the discontinuance constitutes an abandonment of the discontinued nonconforming use, or discontinued part of that use, regardless of any reservation of an intent to resume active operations or otherwise not abandon the use; and
(2) the discontinued nonconforming use, or discontinued part of that use:
(i) may not be reestablished; and
(ii) any subsequent use of any part of the land or structure previously used for the discontinued use, or discontinued part of that use, must conform to the regulations of the district in which the land or structure is located.
(b) Abandonment of use.
If, at any time, actual abandonment in fact is evidenced by removal of structures, machinery, or equipment, or by alterations that indicate a change in the use of any part of the land or structure:
(1) that action constitutes an abandonment of the nonconforming use, or affected part of that use; and
(2) all rights to continue or reestablish the nonconforming use, or part of that use, immediately terminate.
(c) Report to Zoning Administrator.
(1) In general.
If a person reasonably believes that a nonconforming use has been, in whole or in part, discontinued or abandoned as described under this section, the person may file a report with the Zoning Administrator.
(2) Contents.
The report shall contain:
(i) the location of the discontinued or abandoned use;
(ii) a description of the discontinued or abandoned use;
(iii) the date the person last observed the use;
(iv) a statement by the person affirming that the person reasonably believes the use describe in subparagraph (ii) of this paragraph has not occurred in the past 12 months; and
(v) the signature or signatures of the person reporting the discontinued or abandoned use.
(3) Zoning Administrator to investigate.
Upon receipt of a complaint issued under this subsection, the Zoning Administrator shall inspect structures and uses of land to determine compliance with this Code and, where violations are found, initiate action to secure compliance.