Any lawful use occupying any building, structure, lot or land
at the time of the effective date of this chapter or any amendment
thereto which does not comply after the effective date of any amendment
thereto with the use regulations of the district in which it is situated
may be continued in the building or structure or upon the lot or land
so occupied.
Any nonconforming building or structure lawfully under construction
on the effective date of this chapter, pursuant to plans filed with
the Construction Official and approved by him and all other municipal
boards and agencies as required under law, may be completed and may
be used for the nonconforming use for which it was designed, to the
same extent as if such building had been completed and been in use
on the effective date of this chapter, provided that such building
or structure shall be completed within one year after the effective
date thereof.
No permit for the erection of any building or structure shall
be issued unless the lot abuts a street giving access to such proposed
building or structure. Such street shall be an existing state, county
or municipal street or highway; a street shown upon a plat approved
by the Land Use Board; or a street on a plat duly filed in the office
of the County Recording Officer prior to the passage of this chapter
or any prior ordinance which required prior approval of plats by the
governing body or other authorized body. Before any such permit shall
be issued, such street shall have been certified to be suitably improved
to the satisfaction of the governing body or such suitable improvement
shall have been assured by means of a performance guaranty in accordance
with standards and specifications for road improvements approved by
the governing body, as adequate in respect to the public health, safety
and general welfare of the special circumstances of the particular
street.