Abandonment of nonconforming uses

A.  A nonconforming use may be considered abandoned if there has been some overt act or failure to act to serve as evidence that the owner neither claims nor retains any interest in  continuing the nonconforming use, and the owner is unable to demonstrate an intent not to abandon the use.

B.  A nonconforming use that is abandoned shall not be re-established.

C.  If a nonconforming use is halted for one year, the owner is presumed to have abandoned the nonconforming use, unless the owner rebuts that presumption with sufficient evidence of intent not to abandon the use.  Involuntary interruption of a nonconforming use, by fire, natural disaster or other means, does not establish intent to abandon a nonconforming use.

(Ord. dated 11-19-13)