§9-1508 NONCONFORMING USES WITH SPECIFIC CONDITIONS
There are certain uses that have an impact on the Town and therefore are specifically regulated by certain conditions and criteria in the Land Development Ordinance, and as such could become nonconforming as a result of all or some of the conditions and criteria. Therefore, the following standards shall apply:
a. Existing Use
Any legally established, existing sexually oriented business, electronic sweepstakes gaming operation, massage establishment or nightclub that fails to comply with the conditions and criteria of the Land Development Ordinance upon the effective date, December 30, 2016, shall not be deemed to be in violation of the Land Development Ordinance.
b. New Uses Affecting Conformity
A sexually oriented business; electronic sweepstakes gaming operation; massage establishment; or nightclub operating lawfully and meeting the conditions and criteria at the effective date of the Land Development Ordinance (December 30, 2016) shall not be rendered in violation of or made nonconforming by the Land Development Ordinance due to the location and/or addition of uses that normally would prohibit these uses from being located where they are currently established.
c. Discontinued Use
If a nonconforming sexually oriented business; electronic sweepstakes gaming operation; massage establishment; or nightclub is discontinued for a period of 60 days, then the property, lot, or parcel of land shall only be occupied with a conforming use. If the nonconforming use is discontinued but re-established within the same 60 days, then the nonconforming use may continue, provided that the nature and degree of the nonconformity will not be changed, enlarged or altered from that which existed before the nonconforming use was discontinued.
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