Within the districts established by this chapter or any subsequent amendments, there exist lots, structures and uses of land and structures which were lawful, either as conforming or nonconforming uses before this chapter was effective, but which would be prohibited, regulated or restricted under the terms of this chapter or amendments hereto.
(A) It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their continuance. It is further the intent of this chapter that nonconformities shall not be enlarged, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except by appeal to the Zoning Board of Appeals.
(B) Such uses are declared to be incompatible with the permitted lots, structures, and uses in the districts involved.
(C) A nonconforming lot, 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 the passage of this chapter by attachment on a building, structure or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited in the district involved.
(D) To avoid undue hardship or practical difficulties, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or lot 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 continuously and diligently carried on. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be continuously and diligently carried on until completion of the building involved.
(Ord. effective 11-29-2013; Ord. effective 7-29-2022)