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A. Except as provided in this section, a nonconforming use or noncomplying structure may be continued by the present or a future property owner.

B. A nonconforming use may be extended through the same building; provided, no structural alteration of the building is proposed or made for the purpose of the extension. The addition of a solar energy device to a noncomplying structure does not alone constitute a structural alteration for the purposes of this subsection.

C. It is the property owner’s burden to establish the legal existence of a nonconforming use or noncomplying structure.

D. A party claiming that a valid, nonconforming use has been abandoned has the burden of establishing the abandonment.

E. A nonconforming use is presumed abandoned if:

1. A majority of the primary structure associated with the nonconforming use has been voluntarily demolished without prior written agreement with the municipality regarding an extension of the nonconforming use; or

2. The use has been discontinued for one (1) year or more; or

3. The primary structure associated with the nonconforming use remains vacant for a period of one (1) year or more.

Once the presumption of abandonment has been proven, the property owner must prove that any claimed abandonment has not occurred. (Ord. 2019-10-002, 10-10-2019)