§ 185-35
Abandonment
- A. A lawful nonconforming use of any land, premises, structures or combination thereof which has been abandoned shall not thereafter be used except in conformity with the regulations of the district in which it is located. Abandonment, as that term is used in this section, shall mean the following:
- (1) The discontinuance of the nonconforming use for a period of one year or more, and consisting of some overt act, or failure to act, which would lead one to reasonably believe that the owner of the nonconforming use or structure neither claims nor retains any interest in continuing the nonconforming development.
- (2) Failure to apply for or the lapse of any permit, license or certification required for continuation of the use, or failure to appeal the denial of any such permit, license or certification.
- (3) Failure to maintain the site, building or structure in habitable, usable or safe condition, or failure to protect said building or structure from the natural elements.
- B. In all such cases, the owner will be presumed to have abandoned the nonconforming use or structure, unless that presumption is rebutted by the presentation of sufficient evidence by the owner of their intent not to abandon the use or the structure.