(A) Within the districts established by this chapter or amendments that may later be adopted, there exists 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 amendment.
(B) It is the intent to permit these nonconformities to continue until they are removed. Further, nonconformities shall not be enlarged upon, expanded, extended, nor be used as grounds for adding other prohibited structures or uses elsewhere in the same district.
(C) Nonconforming uses are declared 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 shall not be extended or enlarged after March 4, 2002 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 be prohibited generally in the district involved.
(D) (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 March 4, 2002 and upon which actual 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.
(E) To further avoid under hardship, any accessory use or structure that exists due to the dilapidation and resulting demolition of any primary use may continue with the same restrictions identified for other nonconforming properties.
(Prior Code, § 16.24.01) (Ord. 737, passed - -; Ord. 800, passed - -)