1195.02 AVOIDANCE OF UNDUE HARDSHIP.
   (a)   Permits Issued And/or Construction in Progress.
      (1)   To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which a valid building permit was issued, or actual construction was lawfully begun, prior to the effective date of adoption or amendment of this Ordinance 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. 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 the work shall be carried out diligently.
      (2)   Any nonconforming structure that is ready for or under construction at the time of adoption or amendment of this Ordinance may be completed and occupied in accordance with the requirements of a valid building permit and zoning permit issued prior to such adoption or amendment data.
   (b)   Continuation of Existing Nonconformities: The lawful use of a building or land existing at the time of adoption of this Ordinance may be continued, even though such use does not conform to the regulations established by this Zoning Code for the use district in which it is maintained. An existing nonconforming use of a building may be continued so long as no structural alterations, except such as may be required by law or ordinance, are made therein. An existing nonconforming use of a building or premises may, by conditional use permit, be changed to another nonconforming use of a higher classification, but no building or premises in which a nonconforming use has been so changed shall again be devoted to a less restricted use.
(Ord. 11-07. Passed 7-18-07.)