§ 10-2. Avoidance of undue hardship.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the approved plans on file in the office of community development, for construction or designated use of any building on which a valid building permit was issued prior to the effective date of adoption of this ordinance regardless of whether actual building construction has commenced or been carried on diligently prior to the date of the adoption of the ordinance; provided, however, within six (6) months from the date of the adoption of this ordinance, actual building construction must have commenced and be carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastening in a permanent manner. Where excavation or demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

In the case of a proposed development which contains more than one (1) building or unit, provided that a valid building permit has been issued and plans for the entire multiple-unit project are on file in the office of community development prior to the effective date of adoption of this ordinance, commencing and diligently continuing actual construction of the first building or construction unit within six (6) months from the date of adoption of this ordinance shall be sufficient to vest the developer's rights to complete all construction according to the plans as originally filed without requiring any changes or additional procedures as otherwise would be imposed on the effective date of this ordinance.

Provided, however, that any halt in construction for a period of six (6) months or more or any evidence that the developer is not following through with the next phase of construction as shown on the plans referenced above, which evidence may include but not be limited to expiration of building permits or lack of any valid building permits for the project, shall divest the developer of any right he may have heretofore acquired, and the developer shall thereafter be required to comply with all applicable ordinances and procedures.