A. Avoidance Of Undue Hardship: Nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building, structure, or development on which construction was lawfully begun prior to the effective date hereof and upon which construction has actually begun and has been diligently pursued. Where demolition or removal of an existing building has been substantially begun prior to rebuilding, such demolition or removal shall be deemed to be construction.
B. Uses Permitted Under Conditional Use Provisions: Any use which is permitted as a conditional use in a district under the terms of this title shall be deemed a conforming use in such district without further action.
C. Restoration Of Structures To Safe Conditions: Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or structure part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
D. Illegal Uses: Illegal uses existing at the time this title is enacted shall not be validated by virtue of its enactment.
E. Burden Of Owner To Establish Legality Of Nonconformity: The burden of establishing the legality of a nonconformity that is lawfully existing under the provisions of this title is upon the property owner of the nonconformity and not upon the city.
F. Variations Previously Granted For Uses And Structures: Any use or structure that becomes nonconforming upon the effective date hereof and for which a variation was previously granted, shall remain subject to any conditions that were imposed pursuant to the grant of such variation.
G. Conditional Uses Previously Granted For Uses And Structures: Any use or structure that becomes nonconforming upon the effective date hereof and for which a conditional use permit was previously granted, shall remain subject to any conditions that were imposed pursuant to the grant of such conditional use permit. (Ord. Z-8-98, 9-21-1998)