If a nonconforming use is discontinued (as defined in § 108-6.3B), it shall not thereafter be reestablished except as provided herein, and any future use shall be in conformity with this chapter.

If the applicant has been prevented from continuing the use during a one-year period due to strike or act of God, the Zoning Board of Appeals may approve the reestablishment of the use if application is made within two years after the one-year period has expired, upon making a finding in accordance with the procedures and standards in § 108-6.3C and D.

For a period of 12 or more consecutive months, the discontinuance of the use is made obvious by the posting of signs, boarding up of windows, failure to pay taxes or assessments or other measures which demonstrate the enterprise is going out of business or the use is otherwise ending; or

The building has not been occupied for 12 consecutive months or more; or

The nonconforming use has been replaced by a conforming use or changed to another use under permit from the Town; or

The equipment and furnishings used in furtherance of the nonconforming use have been removed from the premises for a period of 12 or more consecutive months.

Application for any proposed reestablishment of a nonconforming use shall be made in writing to the Zoning Administrator.

The required information and plans, which must accompany the application, shall be the same as specified in § 108-30.7C for a special use permit.

Upon receipt of an application, the Zoning Administrator must review and judge its completeness in accordance with § 108-30.7C for special use permits. The Zoning Administrator shall forward the application to the Zoning Board of Appeals.

Before taking action on any such application, the Zoning Board of Appeals shall give notice and hold a public hearing in the same manner as required by law for appeals or other matters referred to it. In acting on any application for the reestablishment of a nonconforming use or for restoration, repair or rebuilding, the Zoning Board of Appeals shall have the same powers, duties and responsibilities as prescribed by law for appeals and other matters referred to it.

The structure or use will have adequate access for fire and police protection and will not present a threat to public health or safety;

The location and the size of the use structure or vessel, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located; and

The location, nature and height of buildings, walls and fences, and the nature and extent of existing or proposed plantings on the site, are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.