Yes, nonconforming uses can expire. No nonconforming use may be resumed, reestablished, reopened, or replaced by any other nonconforming use after it has been abandoned or vacated for a period of one year. A non-conforming use is considered abandoned if for one year or more:
1. The site is vacated;
2. The business license lapses;
3. Utilities are terminated and facilities have been permanently removed or disabled;
4. The lease is terminated; or
5. The use ceases.
However, a nonconforming use of a legally established structure may be reestablished after abandonment if the Planning Commission approves a Conditional Use Permit and makes the following findings:
The structure cannot practically or economically be used for any conforming use because of its original design or because of lawful structural changes made for a previous nonconforming use.
The structure can be reasonably expected to remain in active use for a period of 20 years without requiring repairs or maintenance in excess of 50 percent of the replacement cost of the structure, as determined by the Building Official, within any five-year period.
The continuation of the use or structure will not be incompatible with or detrimental to surrounding conforming uses.
Please note, vehicle services stations must be reestablished within a six-month period of the use being abandoned, rather than within one-year period noted above. Lastly, the nonconforming status of a single-unit dwelling will not lapse, regardless of the length of time of non-use. In addition, every property and business has a unique land use history, and it is recommended to contact Planning Division staff to confirm nonconformity statuses for specific businesses.