17.09.030 - Abandonment or Loss or Nonconforming Use.

A.

Abandonment of Nonconforming Use. A Nonconforming Use that is discontinued for a continuous period of at least one (1) year is presumed abandoned and shall not thereafter be reestablished or resumed.

1.

Abandonment may also be presumed if any of the following occur:

a.

A majority of the Primary Structure associated with the Nonconforming Use has been voluntarily demolished without prior written agreement with the City regarding an extension of the Nonconforming Use;

b.

The primary Structure associated with the Nonconforming Use remains vacant for a period of one (1) year;

c.

A less intensive or conforming Use has replaced the original Nonconforming Use and has continued for a period of at least one (1) year;

d.

Once destroyed by fire or other casualty, a Nonconforming Use is presumed to abandoned if a Building Permit for reconstruction of the Structure is not applied for within six (6) months from the date of destruction; or

e.

The City business license associated with any Nonconforming Use has been revoked.

2.

Any party claiming that a Nonconforming Use has been abandoned shall have the burden of establishing the abandonment.

3.

Any subsequent Use of the Building, Structure, or land must conform to the regulations for the district in which it is located.

B.

Rebuttable Presumption of Abandonment. The property Owner shall have the burden of establishing that any claimed abandonment has not in fact occurred.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)