§ 153.035 INTENT.
   (A)   Within the districts established by this chapter or amendments that may later be adopted, there exists lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment.
   (B)   It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. The uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, and not be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
   (C)   A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off of the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
   (D)   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 in which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual construction has been diligently carried on. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent positions and fastened in a permanent manner, except that where demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(Ord. passed - -2000) Penalty, see § 153.999