When a non-conforming use has been abandoned for more
than one (1) year, the building or structure or land that was devoted
to such non-conforming use shall not thereafter be returned to such
non-conforming use. Abandonment of a nonconforming use shall consist
of some overt act, or failure to act, which would lead one to believe
that the owner of the nonconforming use neither claims nor retains
any interest in continuing the nonconforming use unless the owner
can demonstrate an intent not to abandon the use. An involuntary interruption
of nonconforming use, such as by fire and natural catastrophe, does
not establish the intent to abandon the nonconforming use. However,
if any nonconforming use is halted for a period of one (1) year, the
owner of the nonconforming use will be presumed to have abandoned
the nonconforming use, unless that presumption is rebutted by the
presentation of sufficient evidence of intent not to abandon the use.