(A) Within the districts established by this chapter or amendments that may be hereafter adopted there exist lots, uses of land, structures, uses of structures and land and characteristics of use which were lawful before this chapter was approved or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit the lawfully established non-conformities to continue although the same does not conform to all of the provisions of this chapter, but also recognize that a basic policy of zoning is their gradual elimination. It is further the intent of this chapter that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(B) Non-conforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land or a non-conforming use of structure and land in combination, shall not be extended or enlarged after passage of this chapter by attachment on a building or premises or additional non-conforming signs, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
(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 this chapter and upon which actual building construction has been carried on diligently; provided that the building construction shall be diligently pursued to completion within three years from the effective date of adoption or amendment of this chapter.
(1) Actual construction is hereby defined to include the erection of construction materials in permanent position and fastened in a permanent manner.
(2) Where excavation or demolition or removal of an existing lawfully established building has been begun preparatory to rebuilding, the excavation or demolition or removal shall be deemed to be actual construction; provided that work shall be carried on diligently.
(D) Notwithstanding other provisions of this section, a lawfully established residential use rendered non-conforming by adoption of this chapter or future amendment may be enlarged, altered or reconstructed; provided that:
(1) The residential use shall comply with § 152.221; and
(2) This provision shall not be construed to include more than one use on a lot, and shall be applicable so long as the use remains otherwise lawful.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)