Subdividers Ordinance

3. If any non-conforming use of land ceases for any reason for a period of more than 180 days, any subsequent use of the land must conform to the regulations specified by this Ordinance for the district in which such land is located. D. Non-conforming Structures: Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, the structure remain so long as it remains otherwise lawful, subject to the following provisions: 1. No structure may be enlarged or altered in a way that increases its non- conformity. 2. If the structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it may not be reconstructed unless it conforms with the provisions of this Ordinance. The determination of the replacement cost must be established by a licensed property appraiser. Provided, however, that if the sole reason that the structure would be non- conforming is that the area of the lot is not sufficient to satisfy the requirements of this Ordinance, and the area of the lot is at least 10,000 sq. ft., then the structure may be reconstructed, provided that the new structure is not enlarged or significantly altered from the characteristics of the previous structure, and it otherwise conforms with all of the provisions of this Ordinance. E. Non-Conforming Uses Of Structures If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may continue so long as it remains otherwise lawful, subject to the following provisions: 1. No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located may be enlarged, extended, constructed, reconstructed, moved, or structurally altered except that the change converts the premises to a use permitted in the district in which it is located; 2. Any non-conforming use may be extended throughout any parts of a building that were manifestly arranged or designed for a use at the time of adoption or amendment of this Ordinance, but the use must not be extended to occupy any land outside the building; 3. Any non-conforming use that is succeeded by a permitted use must thereafter conform to the regulations for the district in which the structure is located, and the non-conforming use may not resume; 4. When a non-conforming use is discontinued or abandoned for six consecutive months, the structure must conform with the regulations of the district in which it is located; 5. Where non-conforming use status applied to a structure and land in combination, removal or destruction of the structure eliminates the non- conforming status of the land. 109 Adopted November 14, 2007