(A) (1) Within the districts established by this chapter, there exists:
(a) Lots;
(b) Structures;
(c) Signs;
(d) Uses of land and structures; and
(e) Characteristics of use which were lawful before the ordinance codified as this chapter was passed, but which would be prohibited, regulated or restricted under the terms of this chapter.
(2) It is the intent of this chapter to permit these non-conformities to continue until they are removed but not to encourage their survival and to prohibit any enlargement of such uses.
(B) (1) Non-conforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved.
(2) A non-conforming use of land, or a non-conforming use of structure and land in combination, shall not be extended or enlarged upon in any way which would be prohibited generally in the district involved.
(C) (1) 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 the ordinance codified herein, and upon which actual building construction has been carried on diligently.
(2) ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.
(3) Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction; provided that, work shall be carried on diligently.
(Prior Code, § 10-13-1) (Ord. 2001-02, passed 10-3-2001)