(A) Existing nonconformities. Within the districts established by this chapter or amendments thereto, there exist lots, structures, uses of land, and structures, and characteristics of use which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(B) Declared incompatible.
(1) Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the district involved. However, to avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction lawfully began prior to the effective date of adoption or amendment hereof, and which actual building construction has been carried on diligently.
(2) ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal be deemed to be actual construction, provided that work shall be carried on diligently.
(2015 Code, § 11-22-1) (Ord. 454, passed 6-19-2000)