§ 5.010. Grandfather clause.

Any use of buildings or land existing on the date of adoption of this Ordinance and not in compliance with its provisions shall be allowed to continue as a nonconforming use. Any land development projects in the City under legal authority of this Ordinance that are not located in a zoning district designated for their intended use may be permitted to continue provided that:

5.0101

The project was under construction prior to the date of adoption of this Ordinance. For the purposes of this Section, under construction shall mean that a legal building or construction permit has been issued and that actual construction has been or will be started within the initial period of validity of the permit, exclusive of any time extensions, or that a permit application has been submitted to the Alabama Department of Environmental Management.

5.0102

The project complies in other aspects with the requirements of this Ordinance for districts in which similar uses are permitted.

5.0103

The developer complies with other conditions that may be required by the Planning Commission due to the unique circumstances of the land.

(Ord. No. 02-2006, 4-24-2006; Ord. No. 05-2007, § 2, 10-22-2007)