[Amended 9-11-2014 by Ord. No. 582]
Except as otherwise provided in this article, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however:
A. 
That no nonconforming lot shall be further reduced in size.
B. 
That no nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance, except that an existing eating and drinking place may add a covered patio not exceeding 1,400 square feet that is connected to the nonconforming building.
C. 
That no nonconforming use may be expanded.
A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of three months from the date of cessation or discontinuance.
If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to an extent of less than 50% of the recorded true valuation, then such destruction shall be deemed partial destruction and the nonconforming building may be rebuilt, restored or repaired within one year from the date of the destruction. If such a structure is located within the Floodplain District, the development regulations cited in § 225-22B shall be utilized to the greatest extent possible; provided, however, that if such a structure is located within the floodplain, as that area is defined in § 225-22A(1), then the requirements of § 225-22B(1)(d), as amended, must be satisfied, notwithstanding the destruction of less than or more than 50% of the recorded valuation of the structure. Nothing in this chapter shall prevent strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Building Official.
No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.
[Amended 9-11-2014 by Ord. No. 582]
A nonconforming building may be remodeled but not enlarged or extended, unless said building is changed to a building conforming or more nearly conforming to the requirements of this chapter, and further provided that an existing eating and drinking place may add a covered patio not exceeding 1,400 square feet that is connected to the nonconforming building. In the Floodplain District, until a regulatory floodway is designated, no enlargement or extension or remodeling which would be considered a substantial enlargement shall be permitted unless the applicant has demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
A. 
Whenever any person with an actual or potential interest in any land or building that is a nonconforming use as defined in this article shall need to determine whether a proposed use of such land or building would be permitted, such person may apply to the Board of Adjustment for a nonconforming use permit. Any person who obtains a nonconforming use permit under the procedures provided for by this subsection shall be entitled to rely upon such permit as a defense to any claim that the use so permitted violates the Town of Elsmere Zoning Code.
B. 
The procedures and rights of appeal provided for other proceedings before the Board of Adjustment under Article VIII of this chapter shall be equally applicable as far as practical to any determination of an application for a nonconforming use permit.
C. 
At any meeting where a nonconforming use permit is scheduled to be considered, the Town Attorney shall be notified of the meeting. The Attorney shall review the application and facts of the request. He or she shall then either attend the meeting or send to the Chairman of the Committee holding the hearing any comments he or she deems appropriate.
[Amended 4-12-2012 by Ord. No. 547]
D. 
The fee to be paid at the time an application for a nonconforming use permit is filed shall be $200 for a residential property and $500 for a commercial property. In addition, all petitions shall provide for a deposit of $500 at the time of application. Town Attorney's fees related to the petition will be deducted from this $500. Any remaining balance shall be returned to the petitioner upon resolution of the petition.