§ 4.1. Intent.

Within the zones and districts established by this Zoning Ordinance, or amendments thereto, there exist lots, uses of land and structures, and characteristics of use which were lawful before this Zoning Ordinance was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this Zoning Ordinance or future amendment. It is the intent of this Zoning Ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Zoning Ordinance that non-conformities shall not be enlarged or extended beyond the scope and area of their operation at the time of the adoption or amendment of this Zoning Ordinance, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone.

4.11. To avoid undue hardship nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction, or designated use of any building or premises on which an application for a building permit was filed with the Building Inspector prior to the date of adoption of this Zoning Ordinance or amendment thereto. The issuance of said permit shall be valid only in the event that construction on said structure or premises, in accordance with the plans and specifications submitted with the application for a building permit, is begun within sixty (60) days after the date of issuance of said permit and is diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where grading or excavation, or demolition or removal of an existing building has been begun preparatory to rebuilding or reusing the premises, such grading or excavation, or demolition or removal shall be deemed to be actual construction provided that work shall be carried on diligently.

(Ord. No. 37-2009, § 2, 10-20-2009)