(3) Conforming Use Conversion to a Nonconforming Use . A conforming use shall not convert in whole or part to a nonconforming use.
b. Damage & Restoration of a Structure Housing a Nonconforming Use
(1) Compliance After Damage . Any nonconforming structure housing a nonconforming use that is damaged by any means to an extent exceeding a percentage of its reproducible value equal to 100% minus 2% per year for age of the structure, or 60%, whichever is greater, shall comply with the use standards of the Land Development Ordinance when it is reconstructed. (2) Threshold to Restore Damaged Nonconforming Use . Any conforming structure housing a nonconforming use that is damaged by any means to a lesser extent based on (1) above may continue the nonconforming use if it is reconstructed and used as before within one (1) years of the date of the damage or the date when the damage was identified. A one (1) year extension may be granted with approval by the Town Board of Commissioners with cause.
c. Change in Nonconforming Use
A nonconforming use shall not be changed to any other use, unless any new or additional uses conform to the provisions of the Land Development Ordinance for the zoning district in which the use is located, unless excepted below: (1) Place of Worship . Existing places of worship (as of May 2, 2022) in districts where they are not currently permitted may be allowed to expand a nonconforming use upon approval of a Special Use Permit and site plan.
d. Discontinuance or Abandonment
(1) Discontinued or Abandoned . If a nonconforming use is discontinued or abandoned for a period of more than six (6) consecutive months (180 days), whether or not any equipment or furniture are removed, then such use may not be reestablished or resumed, and any subsequent use shall conform to the provisions specified by the Land Development Ordinance in addition to the following:
A. Government Delay . When government action can be documented as the reason for discontinuance or abandonment, the time of delay by the government shall not be calculated for the purpose of determining the six (6) consecutive months (180 days).
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