A.
Within the zoning districts established by Chapter 425 of the Bethany Beach Town Code or amendments that may later be adopted, there exist 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. Such nonconformities may be categorized as: a nonconforming parcel of land (i.e., does not meet the width, frontage, or minimum area requirements); a nonconforming building or structure (i.e., does not meet the dimensional requirements, such as yard setbacks, height, minimum or maximum lot coverage); or a nonconforming use (which could involve a use of the land itself or of the building or structure on the land). Oftentimes, there may be two or more overlapping nonconformities pertaining to one parcel of land. It is the intent of this chapter to permit these nonconformities to continue until they are removed. Regarding Category A and C, the Town does not encourage survival; regarding Category B, the Town neither encourages or discourages their survival. Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the zoning districts involved. It is further the intent of this chapter that nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district.
B.
To avoid undue hardship, nothing in this chapter shall require any changes in the plans, construction or designated use of any building or part thereof, in which the excavation, demolition, removal of an existing building, or construction of which, shall be lawfully in progress at the time of passage of this chapter or for which a building permit shall have been issued pursuant to law, provided that construction shall be promptly and diligently pursued and completed within 18 months of the issuing of the building permit.