(A) As required by the Act, any party claiming a legal non-conforming use has been abandoned shall have the burden of establishing the abandonment.
(B) Abandonment may be presumed to have occurred if:
(1) A majority of the primary structure associated with the non-conforming use has been voluntarily demolished without prior written agreement with the town regarding an extension of the non-conforming use;
(2) The use has been discontinued for a minimum period of one year; or
(3) The primary building associated with the non-conforming use remains vacant for a minimum period of one year.
(C) (1) The property owner may rebut the presumption of abandonment under this section and shall have the burden of establishing that any claimed abandonment under this section has not in fact occurred.
(2) The BOA shall have authority to review and decide all disputes relating to abandonment of structures associated with a non-conforming use, non-complying structure or other non-conformity.
(D) The town may terminate the non-conforming use status of a school district or charter school use or structure when the property associated with the school district or charter school use or structure ceases to be used for school district or charter school purposes for a minimum period of one year.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1316)