(A) Nothing in this subchapter shall prohibit the completion of construction and use of a nonconforming structure for which, prior to the effective date of adoption or amendment of this chapter, a building permit was obtained and actual construction was lawfully commenced on the site. Further, actual construction must have commenced within three months after the issuance of the permit and must thereafter be diligently carried on to completion according to the approved plans, without any period of suspension or abandonment of work in excess of three months, and the entire structure shall have been completed according to the approved plans within two years after the issuance of the building permit.
(B) For the purposes of this section, the commencement of actual construction means work of a substantial nature by way of site preparation. The actual use must be apparent and manifested by a tangible change in the land, as opposed to merely intended or contemplated work by the property owner. In this regard, preliminary operations, such as the ordering of plans, surveying, grading, clearing of trees and debris and the removal of old structures are insufficient. The test in each case is not how much money may have been spent in reliance upon prior zoning regulations but, whether there has been any tangible change in the land itself by excavation and construction, such as placing of construction materials in permanent position and fastened in a permanent manner.
(Ord. 37, passed 8-28-2005)
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