Nonconformities are uses, structures, buildings, or lots which do not conform to one or more provisions or requirements of this Zoning Code or a subsequent amendment hereto, but were lawfully established before the time of adoption of this Zoning Code or such amendment. Such nonconformities are declared to be incompatible with the current or intended use of land in the district in which they are located.
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 the basis to justify adding other structures or uses prohibited elsewhere in the same district.
Accordingly, the purpose of this chapter is to establish regulations that govern the completion, restoration, reconstruction, extension, or substitution of nonconformities, and to specify the circumstances and conditions under which nonconformities shall be permitted to continue.
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction, or the designated use of any building on which actual construction was lawfully initiated prior to the effective date of adoption or amendment of this Zoning Code and where actual construction is ongoing. "Actual construction" is hereby defined to include the positioning and placement of construction materials in permanent positions and their fastening in a permanent manner. If demolition or removal of an existing building in compliance with Chapter 1460 of these Codified Ordinances has been substantially initiated preparatory to rebuilding, such work shall be deemed to be actual construction, provided that such work shall be diligently performed until completion of the building involved.
(Ord. 97-45. Passed 3-17-97.)