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<br />Page 3 of 7 <br />Zoning Board of Adjustment <br />Staff Report of 9/'13/93 <br /># A93-001 <br /> <br />Analysis: <br /> <br />· Based on available facts and informatio~ staffs <br />assessments and determinations are correct. <br /> <br />· The issue of abandonment of a nonconforming use is <br />regulated by the Zoning Ordinance. An appeal <br />regarding this issue can be made to the Zoning Board of <br />Adjustment. <br /> <br />· The jurisdiction of the Board of Adjustment extends only <br />to zoning matters. The Board is not empowered to <br />consider any determinations or interpretations regarding <br />state law. <br /> <br />Based on Mr. Armstrong's opinio~ the Building Official <br />notified the applicant by letter that a nonconforming use, <br />namely use of the property as a mobile home site, was <br />abandoned and could not be resumed. The is the <br />determination being appealed by the applicant. <br /> <br />Zoning Ordinance Section 4-202 regulates the nonconforming <br />use of property. This section states: <br /> <br />A nonconforming use, when abandoned, shall not <br />resume. A nonconforming use is abandoned <br />when land used for an established nonconforming <br />use ceases to be used for a period of ninety (90) <br />consecutive calendar days, and it is determined <br />that an intent to abandon the nonconforming use <br />occurred, as evidenced by an overt act or a <br />failure to act on the part of the nonconforming <br />use landowner or his occupant. <br /> <br />Whether or not a nonconforming use has been <br />abandoned is a question that shall be determined <br />by the Board of Adjustment. The property owner <br />or his representative seeking to maintain the <br />existing nonconforming use shall have the burden <br />of proving to the Board of Adjustment that the <br />