108-12-7 One-Year Vacancy Or Abandonment

A legal nonconforming use shall not be considered abandoned unless both: (1) The use has ceased for a continuous period of one year; and (2) There is clear evidence of intent to abandon the use. Seasonal, agricultural, agritourism, or temporary interruptions caused by market conditions, weather, operational cycles, property transfer, or building repairs shall not constitute abandonment. Time periods during which a structure is under active restoration pursuant to Section 108-12-6 shall not be considered vacancy or abandonment. Any building or structure for which a valid building permit has been issued and actual construction was lawfully begun prior to the date when the structure became noncomplying, may be completed and used in accordance with the plans, specifications and permit on which said building permit was granted. The term "actual construction" is hereby defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner, actual work in excavating a basement or the demolition or removal of an existing structure begun preparatory to rebuilding; provided that in all cases actual construction work shall be diligently carried on until the completion of the building or structure involved.