(A) Within the districts established by this chapter or amendments that may later be adopted, there exist:
(1) Lots;
(2) Structures;
(3) Uses of land and structures; and
(4) 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 and 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 non-conformities 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 these regulations to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure or a nonconforming use of land and structure in combination shall not be extended or enlarged after passage of this chapter by attachment on a building or premises intended to be seen from off the premises or by 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 this 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. Where excavation or demolition 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, § 14-13-13.0101) (Ord. 477, passed 2-1-2013)