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Montgomery Town City Zoning Code

§ 235-14.6

Abandonment of use.

A. 
A nonconforming use shall be deemed to have been abandoned:
(1) 
When it is changed to a conforming use.
(2) 
In cases where such nonconforming use is of a building or structure designed for such use when it has been discontinued for a period of 12 consecutive months. The intent of the property owner shall be irrelevant to the issue of discontinuance of a nonconforming use.
(3) 
In cases where such nonconforming use is of a building or structure not designed for such use, or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been discontinued for a period of six consecutive months. The intent of the property owner shall be irrelevant to the issue of discontinuance of a nonconforming use.
B. 
A nonconforming use that has been abandoned shall not thereafter be reinstated.