1. Within the districts established by the zoning ordinance adopted on February 1, 1971, or amendments that may be later adopted, there exist lots, buildings, structures and uses which were lawful before the ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Part or later amendment.
2. The legitimate interests of those who lawfully established these nonconformities are recognized in Part 7 by permitting such uses to continue subject to regulations for and limitations upon their restoration, reconstruction or extension. It is recognized however, that nonconformities substantially and adversely affect the development, maintenance, use and taxable value of other properties in the district that are subject to the regulations of this Part. In order to secure eventual compliance with the standards of this Part, it is therefore necessary to regulate nonconformities and to prevent their reestablishment once they have been discontinued. It is further the intent of this Part that nonconformities not be used as grounds for adding other buildings or structures or uses prohibited elsewhere in the same district.
3. To avoid undue hardship, nothing in this Part shall affect the plans, construction or designed use of any building or structure on which actual construction was lawfully begun prior to the effective date or amendment to this Part. Actual building construction means the placing and fastening of construction materials in a permanent manner. In the case where a demolition or removal of an existing building or structure has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction if a building permit has not been obtained, provided that work shall be diligently carried on until completion of the building or structure is accomplished and a certificate of occupancy is issued.
(Ord. 588, 12/13/2010)