Within the districts established by this chapter or amendments that may later be adopted there exist:
(A) Lots, structures, uses of land and structures and characteristics of use, which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities 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) Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination may be contained but shall not be extended or enlarged after the effective date hereof, shall not have attached on a building or premises, additional signs intended to be seen from off the premises, or shall not have 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 adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; and
(D) 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.
(2009 Code, § 40-8-1) (Ord. 15-08, passed 8-31-2015)