(A) Burden of proof. Any party alleging that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.
(B) Presumption of abandonment. Abandonment may be presumed to have occurred if:
(1) 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;
(2) The use has been discontinued for a minimum period of one year; and
(3) The primary building associated with the nonconforming use remains vacant for a minimum period of one year.
(C) Rebuttal of presumption. The property owners 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. The Administrative Hearing Officer shall have authority to review and decide all disputes relating to abandonment of structures associated with a nonconforming use or noncomplying structures.
(Prior Code, § 10-10-5) (Ord. passed 8-10-2006)