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Section 21-01.03 <br />Nonconforming Lots, Uses, Buildings, Structures or Signs <br />(b) Incompatibility of Legally Established Nonconforming Uses <br />Legally established nonconforming uses are declared by this Ordinance to be <br />incompatible with permitted uses in the district in which such legally established <br />nonconforming use is located. <br />A legally established nonconforming use of a building or structure, or a legally <br />established nonconforming use of land, shall not be extended, expanded or enlarged after <br />the effective date of this Ordinance. <br />(c) Avoidance of Undue Hardship <br />To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change <br />in the plans for or construction of any building, structure or sign, or the designation of <br />use of any building or structure, for which an improvement location permit has been <br />properly issued prior to the effective date of this Ordinance; provided that: <br />(1) the construction of such building or structure (excluding signs) is commenced <br />within six (6) months of such effective date, or the construction of any such sign <br />is commenced within thirty (30) days of such effective date; <br />(2) construction of such building, structure or sign is diligently prosecuted to <br />completion; and, <br />(3) construction of such building or structure (excluding signs) shall be completed <br />within two (2) years of the issuance of said improvement location permit, or <br />construction of such sign shall be completed within ninety (90) days of the <br />issuance of said improvement location permit. <br />(d) Legally Established Nonconforming Lots <br />(1) Legally Established Nonconforming Lots of Record <br />Any legally established lot recorded or any legally established platted lot <br />recorded prior to the effective date of this Ordinance, having less than the <br />required minimum lot area or minimum lot width required by the applicable <br />district regulations of this Ordinance, shall be deemed a permitted exception to <br />such minimum lot area or minimum lot width and may be used for any permitted <br />use within the applicable district in which such lot is located provided that all <br />other development standards are met. <br />Ord. No.: 9495-04 <br />