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(A) A legal nonconforming use of any land, premises, structure or combination thereof, which has been abandoned or discontinued for more than six consecutive months or for 18 months during any three-year period (except when government action impedes access to the land or premises) shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located.
(B) 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 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 six months, or 18 months in three years, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.
(Ord. passed 10-30-06)