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(H) NONCONFORMING USES OR STRUCTURES ADBANDONED OR <br />DESTROYED <br />(1) Abandonment of Nonconforming Uses — Reestablishment Prohibited <br />a. Whenever a nonconforming use is discontinued for a period of 180 consecutive <br />days, such use shall not thereafter be reestablished and any future use shall <br />comply with this Ordinance. <br />b. At such time as any nonconforming, individual mobile home existing on a <br />private lot is removed from such lot or is vacated, the use shall be deemed <br />abandoned and shall not thereafter be returned or occupied except in <br />compliance with this Ordinance. <br />(2) Compliance Required After Abandonment or Destruction <br />a. Whenever the Planning Manager determines that a nonconforming structure or <br />tree has been abandoned under subsection (1) above, or has been torn down, <br />deteriorated, destroyed, or decayed to the extent of greater than 50 percent of its <br />market value and no building permit has been applied for within 180 days of <br />when the property is damaged, any subsequent use or occupancy of the land or <br />premises shall be a conforming use or occupancy, and all reconstruction and <br />repair shall comply with the applicable height limit and all other applicable <br />standards stated in this Ordinance. <br />b. Whether application is made for a permit under this subsection or not, the <br />Planning Manager may order the owner of the abandoned or partially destroyed <br />nonconforming structure, at his own expense, to lower, remove, reconstruct, or <br />equip the same in the manner necessary to conform to the provisions of this <br />Ordinance. In the event the owner of the nonconforming structure shall neglect <br />or refuse to comply with such order for ten days after receipt of written notice <br />of such order, the Planning Manager may, by appropriate legal action, proceed <br />to have the abandoned or partially destroyed nonconforming structure lowered, <br />removed, reconstructed or equipped, and assess the cost and expense thereof <br />against the land on which the structure is or was allocated. <br />c. Unless such an assessment is paid within 90 days from the service of notice <br />thereof on the owner of the land, the sum shall bear interest at the rate of 5 <br />(five) percent per annum from the date the cost and expense is incurred until <br />paid, and shall be collected in the same manner as are general taxes. <br />(3) Nonconforming Tree <br />a. No nonconforming tree shall be allowed to grow higher or be altered, repaired, <br />or replanted. <br />38 <br />