A. If any nonconforming use is abandoned or discontinued for any reason for a continuous period of six (6) months or more, rights to nonconforming status shall terminate. Without further action by the city, any subsequent use of such land or structure shall be in conformity with all of the regulations of the applicable zoning district and all other applicable provisions of this title.
B. A determination that a use has been abandoned requires both (1) evidence of an intention to abandon, and (2) an act or failure to act which shows or implies that the owner does not continue to claim or retain an interest in the nonconforming use. Evidence may include, but is not limited to, removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or no business records to document continued operation. Maintenance of a valid business license shall in itself not be considered a continuation of the use. The discontinuance of a nonconforming use for a period of six (6) months or more is in itself prima facie evidence of abandonment. (Ord. 440 § 2 (part), 1982). (Ord. 2010-02 § 1 (part), 2010)