A. Presumption Of Abandonment By Passage Of Time: Any nonconforming structure or use which is not occupied or used for a continuous period of six (6) months shall be presumed abandoned and shall not thereafter be reoccupied or used except in a manner that conforms to the requirements of this title unless the presumption of abandonment is overcome as provided in subsection C of this section.
B. Presumption Of Abandonment By Event: Independent of the six (6) month requirement set forth in subsection A of this section, a nonconforming structure or use shall be presumed abandoned when any of the following events occur:
1. The owner has in writing or by public statement indicated intent to abandon the structure, use or other nonconformity;
2. A less intensive use has replaced the original nonconforming use;
3. The owner has physically changed the structure or its permanent equipment in a way that reduces or eliminates the nonconformity; or
4. The structure has been removed through applicable procedures for the abatement or condemnation of unsafe structures.
C. Overcoming Presumption Of Abandonment: A presumption of abandonment may be rebutted upon evidence presented by the owner showing no intent to abandon the structure or use. Such evidence may include proof that during the alleged period of abandonment the owner has done either of the following:
1. Maintained the structure or use, if any, in accordance with the applicable codes; or
2. Has actively and continuously attempted to sell or lease the property where the structure or use is located. (Ord. 2003-23, 11-5-2003, eff. 12-11-2003)