§ 340-69
Abandonment of nonconforming use
- A. If a lawful nonconforming use of any land, structure or building is abandoned, it shall not be reestablished. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of a nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year, the owner of the nonconforming use shall be presumed to have abandoned the nonconforming use, unless such presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.
- B. For the purpose of this chapter, one or more of the following actions shall indicate an intention to abandon a lawful nonconforming use:
- (1) Removal of equipment, machinery, fixtures or inventory from the premises.
- (2) Leaving the property to the elements.
- (3) Use of the property for a conforming use.
- (4) Substitution of a different nonconforming use for that existing at the time of adoption of this chapter.
- (5) Voluntary demolition of the structure.
- (6) Lapse of or failure to apply for licenses or permits necessary to the continuance of such nonconforming use.
- (7) Failure to appeal the denial of a permit to continue the prior use.