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(1) Burden of Proof. Any party claiming that a nonconforming use has been abandoned shall have the burden of establishing the abandonment.

(2) Presumption of Abandonment. Abandonment of a nonconforming use may be presumed to have occurred if:

(a) 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;

(b) the use has been discontinued for a minimum of one (1) year; or

(c) the primary structure associated with the nonconforming use remains vacant for a period of one (1) year.

(3) Rebutting Presumption of Abandonment - Burden of Proof. The property owner may rebut the resumption of abandonment under Subsection (2), and shall have the burden of establishing that any claimed abandonment under Subsection (2) has not in fact occurred.

(Am 2000-46, Rep&ReEn 2002-05)