Any use of buildings or land existing prior to the enactment of the Land Use and Development Ordinance, September 21, 1987, and does not conform to the provisions set forth by the Ordinance shall be allowed to continue as a nonconforming use. Any land development projects within the territorial and legal authority of this Ordinance that have been initiated since January 1, 1985, and is not located in a district designated for the intended use, may be permitted to continue provided that:

(a)

Written, dated, and verifiable documents other than deeds for the purchase of land, e.g., plans, permits, applications to appropriate permitting agencies, etc., can be produced in support of the proposed project.

(b)

The City of Daphne reserves the right to require compliance with the requirements of this Ordinance for districts in which similar uses are permitted.

(c)

Other conditions may be required by the city due to the unique circumstances of the land.

Whenever the requirements of this Ordinance conflict with the requirements of any other lawfully adopted statutes, rules, regulations, or ordinances the more restrictive, or that which imposes the higher standard shall govern.

Each phrase, sentence, paragraph, section, or other provision of this Ordinance is severable from all other such phrases, sentences, paragraphs, sections, and provisions.

Should any phrase, sentence, paragraph, section, or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect any other section or provision of this Ordinance.

This is a comprehensive enactment of a zoning ordinance and subdivision regulations for the City of Daphne and all prior zoning ordinances and subdivision regulations are hereby superseded and repealed.

These regulations shall not create liability on the part of the City of Daphne, the planning commission, any officer, or employee thereof for any damages that may result from reliance on this Ordinance or any administrative decision lawfully made there under.

This Ordinance shall take effect and be in force upon and hereinafter the date of its adoption by the city council.

(a)

Penalties: Any person violating any provision of this Ordinance shall be fined upon conviction, not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) and costs of court for each offense. Each day such violation continues it shall constitute a separate offense.

(b)

Remedies: In case any building or structure which exists or is proposed to be erected, constructed, reconstructed, altered, renovated, or maintained; or any building, structure, or land which is proposed to be used in violation of this Ordinance; or any adjacent or neighboring property owner would be specially damaged by such violation the building official, code enforcement officer, or other appropriate authorized representative may, in addition to other remedies, institute injunction, mandamus, other appropriate action, proceeding to prevent such unlawful erection, construction, reconstruction, alteration, renovation, maintenance, use, correction or abatement of such violation, or to prevent the occupancy of said building, structure, or land. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues, it shall be deemed a separate offense and shall be subject to the fines and penalties.