It is the intent of this Zoning Code to permit legal nonconforming lots, structures or uses to continue until they are removed, but not to encourage their survival.
It is recognized that there exists within the districts established by this Zoning Code, and subsequent amendments, lots, structures and uses of land and structures which were lawful before this Zoning Code was passed or amended, which lots, structures and uses would be prohibited, regulated or restricted under this Zoning Code or future amendments.
Such uses are declared by this Zoning Code to be incompatible with permitted uses in the districts involved. It is further the intent of this Zoning Code that nonconformities shall not be enlarged upon, expanded, extended or used as grounds for adding other structures or uses prohibited elsewhere in the same district.
A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after the passage of this Zoning Code (Ordinance 458, passed January 4, 1989) by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would not be permitted generally in the district involved.
To avoid undue hardship, nothing in this Zoning Code 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 the adoption or amendment of this Zoning Code and upon which actual building construction has been diligently carried on. "Actual construction," as used in this section, includes the placing of construction materials in a permanent position and fastened in a permanent manner. However, where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(Ord. 458. Passed 1-4-89.)