§ 151.020 INTENT.
   (A)   Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited under the terms of this chapter or future amendment.
   (B)   It is the intent of this chapter to phase out such non-conforming uses within a reasonable time period while retaining full economic value. Such uses are declared by this chapter to be incompatible with permitted uses in the district involved. It is further the intent of this chapter that non-conformities shall not be enlarged upon, expanded, or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
   (C)   However, in the case that the structure itself is now non-conforming as to the special setback requirements, but was built in accordance with the 1979 city zoning ordinance, that structure might be granted a conditional use permit to expand, providing that expansion would not be violating the provisions of the 1979 ordinance and it appears that such issuance of a conditional use permit is in the best interest of the city and the public.
   (D)   A non-conforming use of a structure, a non-conforming use of land or a non-conforming use of a structure and land shall not be extended or enlarged after passage of this chapter by attachment of additional signs to a building, or the placement of additional signs to a building, or the placement of additional signs or display devices on the land outside the building, or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the district involved.
   (E)   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 by the obtaining a zoning permit and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved.
(Prior Code, § 151.015) (Ord. 149, passed 3-9-1998)