(A) This chapter intends to permit legal nonconforming lots, structures or uses to continue until they are removed, but not to encourage their survival. The city recognizes that existing lots, structures and uses of land and structures, which were lawful before this chapter was passed or amended, would be prohibited, regulated or restricted under the terms of this chapter or future amendments. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved.
(B) This chapter further intends that nonconformities shall not be enlarged upon, expanded or extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same district. 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 adoption of this chapter by attachment of a building 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 generally prohibited in the district involved. Alleged nonconformities, which cannot be conclusively proven to have existed prior to the enactment or amendment of this chapter, shall be declared illegal and shall be discontinued.
(C) 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 prior to the effective date of adoption or amendment of this chapter 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; 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 diligently carried on until completion of the building involved.
(Ord. 792, passed 12-3-01)