A. This Division governs lots, structures, and uses that were either:
1. lawful and conforming before the adoption of this Ordinance and any amendments thereto, and that are no longer lawful under this Ordinance; or
2. lawfully nonconforming under the previous Zoning Ordinance and remain lawfully non-conforming under this Ordinance and any amendments thereto.
B. It is the intent of this Ordinance to permit lawfully existing nonconformities to continue until they are discontinued or removed, but not to encourage their survival. It is further the intent of this Ordinance that nonconformities shall not be enlarged, expanded or extended, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district or zone.
C. To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction lawfully began prior to the effective date of adoption or amendment of this Ordinance and upon which actual building construction has been carried on diligently since. Actual construction is hereby defined to include the placement of construction materials in permanent position and their fastening in a permanent manner, and shall include any excavation, demolition or removal that has substantially begun in preparation for building.
(Ord. 20-29, § 2, 9-21-20)