Certain existing lots, structures and uses of lots and structures
were lawful before this chapter was adopted, but have become nonconformities
under the terms of this chapter and its amendments. It is the intent
of this chapter to permit such nonconformities to remain until they
are abandoned or removed, but not to encourage their survival or,
where abandonment or removal is not feasible, to gradually upgrade
such nonconformities to conforming status. Nonconformities shall not
be enlarged, expanded, or extended, except as provided in this chapter
and shall not be used as grounds for adding other structures and uses
of lots and structures which are prohibited. Nonconformities are declared
by this chapter to be incompatible with the structures and uses permitted
in the various districts.
All repairs and maintenance work required to keep a nonconforming
building or structure in sound condition may be made, but such building
or structure shall not be structurally altered in a way inconsistent
with the description and purpose of this article.
There may be a change of tenancy, ownership, or management of
an existing nonconforming use, building or structure, provided that
there is no change in the nature of character, extent, or intensity
of such nonconforming use, building, or structure.
A nonconforming use, building, or structure shall not be extended
unless it fulfills the requirements of this article, nor shall one
nonconforming use, building or structure be substituted for another
nonconforming use, building, or structure except as provided for in § 40-16.02B(1)(a)
above.
To avoid undue hardships, nothing in this chapter shall be deemed
to require a change in 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.
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.
Any use existing at the time of adoption of this chapter and
which is permitted as a conditional use in a district under the terms
of this chapter shall be deemed a conforming use in such district,
and shall without further action be considered a conforming use.