2-3-100 Abandonment

Any nonconforming use, noncomplying structure, or other nonconformity which is not thus occupied or used for a continuous period of one (1) year shall be deemed abandoned and shall not thereafter be reoccupied or used except in a manner that conforms to the requirements of this Code. A. Presumption of Abandonment. A nonconforming use, noncomplying structure, or other nonconformity shall be presumed abandoned when any of the following occurs: 1. A noncomplying structure or portion thereof occupied by a nonconforming use becomes vacant and remains unoccupied for a continuous period of one (1) year; 2. The owner has in writing or by public statement indicated an intent to abandon the use, noncomplying structure, or other nonconformity; 3. The owner has physically changed the noncomplying structure or its permanent equipment in such a way as to indicate a change in use or activity to something other than the nonconforming use; 4. Noncomplying structure is allowed to deteriorate to a condition that the noncomplying structure is rendered uninhabitable and is not repaired or restored within six months after written notice to the property owner that the noncomplying structure is uninhabitable and that the noncomplying structure or nonconforming use will be lost if the structure is not repaired or restored within six months; 5. The property owner has voluntarily demolished a majority of the noncomplying structure or the building that houses the nonconforming use; or 6. The structure has been removed through applicable procedures for the condemnation of unsafe structures. B. Overcoming Presumption of Abandonment. A presumption of abandonment may be rebutted upon evidence presented by the owner showing no intent to abandon the use, structure, or other nonconformity. Such evidence may include proof that during the alleged period of abandonment the owner has done either of the following: 1. Maintained the lot and structure, if any, in accordance with the building code; or 2. Has actively and continuously marketed the lot or structure for sale or lease.