It is the intent of this article to promote
land use conformities, except that nonconforming conditions that existed
before the effective date of this article shall be allowed to continue,
subject to the requirements herein.
Nothing in this article shall require any change
in the plans, construction, size or designated use of any building,
structure or part thereof for which application for a building permit
has been made or a building permit has been issued and upon which
construction lawfully commenced prior to the adoption or amendment
of this Land Use Code, provided that construction amounting to at
least 5% of the estimated cost of the structure/project shall start
within 60 days after the issuance of such permit.
Nonconforming use rights do not arise by the
mere filling of a notice of intent to build, an application for a
building permit or an application for required state permits and approvals.
Such rights arise when actual substantial construction has begun or,
in the case of pending applications, when the substantive review process
to determine complete application commences. Such construction must
be legal at the time it is commenced and the owners must be in possession
of and in compliance with all validly issued permits, both state,
federal and local.