§ 153.190 INTENT.
   (A)   Within the districts as originally established by this chapter or amendments thereto or other prior zoning regulations of the city, there exist lots, structures and uses of land and structures which were lawful before previous zoning regulations or this chapter were adopted or amended, but which would be prohibited under the terms of these ordinances and amendments thereto.
   (B)   It is the intent of this subchapter to permit these non-conformities to continue as provided hereinafter, but not to encourage their survival. The uses are declared to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that non-conformities shall not be enlarged upon, expanded, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
   (C)   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 adoption of any ordinance finding such use to be non-conforming by attachment 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 structures or uses, if the additions are of a nature which would be prohibited generally in the district involved.
   (D)   To avoid undue hardship, nothing in this section 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 to this chapter and upon which actual building construction has been diligently pursued. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastening in a permanent manner, and demolition, elimination and removal of an existing structure in connection with the construction; provided that, actual construction work shall be diligently pursued until the completion of the building involved and a building permit is continuously in force and effect for the construction.
(Prior Code, § 11.23)