(A)
Loss of nonconforming rights status.
If the Director and/or his designee determines that a nonconforming use has been permanently abandoned under 1.06.04(B) Reinstatement of Nonconforming Use Rights and has lost its nonconforming rights, the use shall not be instituted on that parcel or other parcel in any district which does not permit the discontinued use.
(B)
Notice to owner and/or operator required.
Notice of this determination shall be made in writing to the owner and/or operator of the abandoned nonconforming use.
(C)
Application for nonconforming rights reinstatement.
(1)
The owner and/or operator of the abandoned nonconforming use may submit a written application to the Board to have the nonconforming rights reinstated.
(2)
Written application for reinstatement of nonconforming rights must be made within ten (10) business days after the Director and/or his designee issues the written notice of determination that a use has been permanently abandoned.
(D)
Board decision.
The Board may reinstate nonconforming rights only if the Board finds there was a clear intent not to abandon the use even though the use was discontinued for six (6) months or more. The failure of the owner and/or operator to remove on-premises signs shall not be considered (on its own) evidence of a clear intent not to abandon the use.