(A) Within the districts established by this chapter and amendments that may later be adopted there exist: lots; structures; uses of land and structures; and characteristics of use 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. It is the intent of this chapter to permit these nonconformities to continue until they are removed, damaged in excess of 50% of the value of the structure, or changed to a conforming use, but not to encourage their survival. It is further the intent of this chapter that non-conformities shall not be enlarged upon, expended or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(B) Non-conforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land, or a non- conforming use of structure and a land in combination shall not be extended or enlarged after passage of this chapter by the addition of other uses, of a nature which would be prohibited generally in the district involved.
(C) 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 was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. 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 shall be deemed to be actual construction, provided that work shall be carried on diligently.
(Ord. 96-54, passed 3-26-96)