[Ord. No. 2030-26, 2-3-2026]
10-1-1. 
Within the districts established by this ordinance, or amendments thereto, that may be later adopted, there may exist lots, structures, or uses of land and structures which were lawful before this ordinance was adopted or amended but which are prohibited, regulated differently, or restricted under the terms of this ordinance. It is the intent of this ordinance to permit these nonconformities to continue until they are voluntarily removed, or removed as required by this ordinance, but not to encourage their continuance. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded, intensified, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
10-1-2. 
Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after the effective date of this ordinance or its amendment by attachment on structures or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
10-1-3. 
To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. Actual construction is defined to include placing of construction materials in a permanent position and fastened in a permanent manner after a building permit has been issued by the Building Inspector. Where excavation or demolition or removal of an existing building 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 until the completion of the new construction involved.
[Ord. No. 2030-26, 2-3-2026]
10-2-1. 
Where the owner of a lot at the time of the adoption of this ordinance or their successor in title does not own sufficient land to enable them to conform to the dimensional requirements of this ordinance, such lot may nonetheless be used as a building site, provided that said lot requirements are not reduced below the minimum specified in this ordinance by more than 20%. The lot must be in separate ownership and not in continuous frontage with other lots in the same ownership. This provision shall apply even though a lot fails to meet the requirements for area or width, or both, that are applicable in the district, provided that yard dimensions (front, rear and side) and requirements other than those applying to area or width, or both, of the lots shall conform to the regulations for the district in which the lot is located.
10-2-2. 
The lot requirements for building setbacks shall not be reduced by more than 20%.
10-2-3. 
If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the effective date of adoption or amendment of this ordinance, and if all or part of the lots do not meet the requirements established for lot width and for area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance.
10-2-4. 
No portion of the parcel shall be used in a matter which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot width or area below the requirements stated in this ordinance.
[Ord. No. 2030-26, 2-3-2026]
Where at the effective date of adoption of this ordinance, or amendment thereto, a lawful use of land exists which would not be permitted by the regulations imposed by this ordinance and where the use involves no individual, permanently fixed structures with a replacement cost exceeding $1,000 and no combination of permanently fixed structures with a replacement cost as high as $4,000 the use may be continued as long as it remains otherwise lawful, provided:
10-3-1. 
No such nonconforming use shall be enlarged, increased, intensified, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.
10-3-2. 
If any nonconforming uses ceases for any reason (except when governmental action impeded access to the premises), any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.
10-3-3. 
No land in nonconforming use shall be subdivided, nor shall any structures be added on such land, except for the purposes and in a manner conforming to the regulations for the district in which land is located. Subdivision may be made which does not increase the degree of nonconformity of the use.
[Ord. No. 2030-26, 2-3-2026]
Where a structure exists lawfully under this ordinance at the effective date of its adoption, or amendment thereto, that could not be built under this ordinance by reason of restrictions on area, residential densities, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, the structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
10-4-1. 
No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion may be altered to decrease its nonconformity.
10-4-2. 
Should the nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50% of its physical condition at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.
10-4-3. 
Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
[Ord. No. 2030-26, 2-3-2026]
Nonconforming use of major structures or of major structures and premises in combination where, at the effective date of adoption of this ordinance, or amendment thereof, lawful use of structures, or of structures and premises in combination, exists involving an individual, permanently fixed structure with a replacement cost at or exceeding $1,000 or a combination of permanently fixed structures with a replacement cost at or exceeding $4,000, such use may be continued so long as it remains otherwise lawful, provided:
10-5-1. 
No existing structure devoted to a use not permitted by this ordinance in the district in which the use is located shall be enlarged, extended, constructed, reconstructed, moved to another location on the property, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
10-5-2. 
There may be a change in tenancy, ownership, or management of a nonconforming use provided there is no change in the nature or character of the nonconforming use.
10-5-3. 
If any nonconforming use of a structure, or structure and premises in combination, ceases for any reason (except where governmental action impeded access to the premises), any subsequent use shall conform to the regulations for the district in which the use was located.
10-5-4. 
Where a nonconforming use status applies to a major structure or structures, or to a major structure or premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction of the structure for the purposes of this subsection is defined as damage to an extent of more than 50% of the physical condition at the time of destruction. Upon removal or destruction as set out in this subsection, the use of the land and structures shall thereafter conform to the regulations for the district in which the land is located.
[Ord. No. 2030-26, 2-3-2026]
If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the Building Inspector to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, replaced, or rebuilt except in conformity with the regulations of the district in which it is located.
[Ord. No. 2030-26, 2-3-2026]
Uses allowed under a variance or conditional use approval under this ordinance shall not be considered nonconforming uses in the applicable district, but shall, without further action, be deemed a conforming use in the district.
[Ord. No. 2030-26, 2-3-2026]
10-8-1. 
Nonconforming residential structures (excluding manufactured housing) may be expanded, enlarged, or altered provided no additional dwelling units are created.
10-8-2. 
Destruction of nonconforming structures as provided for in § 10-5 does not apply to residential structures. Residential structures, excluding manufactured housing, may be rebuilt provided no additional dwelling units are created.
[Ord. No. 2030-26, 2-3-2026]
Where a nonconforming manufactured housing structure or structures exist lawfully under this ordinance at the effective date of its adoption or amendment that could not exist under this ordinance by reason of restrictions of the zoning district, area, densities, lot coverage, height, yards, location on the lot or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
10-9-1. 
If a nonconforming manufactured housing structure or portion of the structure becomes physically unsafe due to lack of repairs or maintenance, and is declared by the Building Inspector to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, replaced or rebuilt except in conformity with the regulations of the district in which it is located.
10-9-2. 
No existing manufacturing housing structure shall be enlarged, extended, constructed, or moved to another location on the property or structurally altered for any reason.
10-9-3. 
Should such nonconforming manufactured structure or nonconforming portion of the structure be destroyed by any means to an extent of more than 50% of its physical condition at the time of destruction, it shall not be reconstructed or replaced.
10-9-4. 
There may be a change in tenancy, ownership, or management of a nonconforming manufactured housing structure provided there is no such change in the nature or character of such nonconforming use.
10-9-5. 
Manufactured housing for residential uses other than mobile home parks shall not be replaced for any reason.
[Ord. No. 2030-26, 2-3-2026]
Where a nonconforming mobile home park exists lawfully and has a current business license from the City it shall be allowed to remain under the following conditions:
10-10-1. 
No additional mobile home stands shall be added to those existing at the time of the effective date of this ordinance.
10-10-2. 
Unsafe because of lack of maintenance. If a mobile home becomes physically unsafe due to lack of repairs or maintenance and is declared by the Building Inspector to be unsafe or unlawful by reason of physical condition it shall be ordered to be repaired or replaced within 90 days.
10-10-3. 
No mobile home shall be enlarged, extended, constructed, reconstructed, and moved to another location in the park or structurally altered for any reason.
10-10-4. 
On the effective date of this ordinance, the existing mobile homes in the park may be replaced but not occupied until the following guidelines are in compliance.
(A) 
A permit shall be required with a fee as established on the most recent fee schedule on file with the Building Department, per mobile home replaced.
(B) 
The set up and installation of the mobile home shall be done by a certified installer in accordance with the Alabama Manufactured Housing Commission.
(C) 
A permit shall be required for the electrical service installation with a fee as established on the most recent fee schedule on file with the Building Department.
(D) 
A permit shall be required for the water and sanitary sewer service with a fee as established on the most recent fee schedule on file with the Building Department.
(E) 
A permit shall be required for the heating and air conditioning with a fee as established on the most recent fee schedule on file with the Building Department.
(F) 
Proof of bill of sale and ownership along with the appropriate county license for the mobile home shall be required.
(G) 
All mobile homes must be underpinned with material approved by the Building Inspector.