Nonconforming uses are declared to be incompatible with the current or intended use of land and buildings in the various zoning districts in which they are located. It is the intent of this chapter to permit legal nonconforming uses to continue subject to regulations which govern their completion, extension, enlargement, abandonment, restoration, reconstruction, and substitution.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 37, 12-15-08)

(a)

Legal nonconforming uses of land. Any legal nonconforming use of land which exists on the effective date of this chapter or any amendment thereto; is located in a district in which it is not otherwise permitted may be continued so long as it remains otherwise lawful provided:

(1)

Such use shall not be enlarged, expanded, extended or increased to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this chapter;

(2)

Such use shall not be moved in whole or in part to any portion of the lot other than that occupied by such use on the effective date of adoption or amendment of this chapter;

(3)

No additional building or structure shall be erected in connection with such use; and

(4)

Whenever such use has been changed to a conforming use such conforming use shall not thereafter be changed to a nonconforming use.

(b)

Legal nonconforming uses of buildings and structures. Any nonconforming use of individual buildings or structures having an assessed value of $500.00 or more which exists on the effective date of this chapter or any amendment thereto may be continued so long as it remains otherwise lawful provided:

(1)

Such buildings or structures shall not be enlarged, extended, moved or structurally altered unless such enlargement, extension, movement or structural alteration is associated with the change of use of such building or structure to a use permitted in the zoning district in which it is located.

(2)

Such use may be extended throughout any parts of such buildings or structures which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but in no instance shall such use be extended to occupy any land outside such building.

(c)

Substitution of one legal nonconforming use for another. Any individual nonconforming use may be changed to another nonconforming use provided that the zoning administrator or his or her designee finds that the proposed nonconforming use meets one of the following regulations:

(1)

Such use is equally or more compatible with the district in which the current nonconforming use is located; or

(2)

Such use is permitted in a more restrictive district than the district in which the current nonconforming use is located.

(d)

Cessation of nonconforming uses.

(1)

If any nonconforming use of land ceases for any reason for a continuous period of one year or more, any subsequent use of such land shall be in accordance with the use provisions of the zoning district in which such land is located.

(2)

If any nonconforming use of a building or structure, excepting multi-family dwellings of two or more units, ceases for any reason for a continuous period of one year or more, such use shall not thereafter be re-established.

(3)

If the intent to abandon any nonconforming multi-family dwelling of two or more units or structure exists, such use shall not thereafter be re-established. Intent to abandon includes any of the following: tax reversion; claiming 100 percent homestead exemption for more than one year; failure to maintain city certification as a rental property for more than one year; or removal of separate provisions for means of egress, kitchen facilities, utilities etc.

(e)

Re-establishment of nonconforming uses. Whenever the nonconforming use of any building, structure or land has been changed to a conforming use, the nonconforming use shall not thereafter be re-established.

(f)

Buildings under construction. Nothing in this chapter shall be deemed to require a change in 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 chapter, and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Work may proceed provided it is completed within one year of the effective date of this chapter.

(g)

Dimensional nonconformities. On the effective date of this chapter, any building or structure which could not be built under zoning district and other regulations applicable to lot area, lot coverage, building height, yard dimensions and other area and bulk regulations may be continued as long as it remains otherwise lawful. If such a building or structure is altered, remodeled or modified so as to diminish or eliminate any or all of its nonconforming characteristics, then such nonconforming characteristics shall not be later re-established.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 38, 12-15-08)

If two or more contiguous lots or combination of lots with continuous frontage in single ownership are of record on the effective date of this chapter or amendment thereto, and if all or part of the individual lots do not meet the area and/or width regulations established for the zoning district in which such lots or portions of lots are located, the lots involved shall be considered to be an individual, undivided lot for the purposes of this chapter. No portion of said lot shall be used, occupied, or divided in a manner which does not comply with area and width regulations established by this chapter for the zoning district in which such lot is located.

No division of any such lots shall be made which creates or leaves remaining any lot exhibiting less width or area than that required in the zoning district in which such lot is located. These provisions shall not apply to contiguous lots in single ownership where each of the lots is occupied by an existing home.

(Ord. No. 2005-11, 11-21-05)

(a)

Permitted improvements. Ordinary building repairs or repair or replacement of the fixtures, wiring or plumbing of any nonconforming building, structure or portion thereof containing a nonconforming use may be done during any period of 12 consecutive months to an extent not exceeding 100 percent of the state equalized value of the building or structure.

On any nonconforming building or structure or portion thereof containing a nonconforming use, work may be done during any period of 12 consecutive months on ordinary building repairs, or on repair or replacement of fixtures, wiring or plumbing to an extent not exceeding 100 percent of the state equalized value of the building or structure. Any such repairs, improvements, and modernization shall not result in enlargement of the floor area of the nonconforming building or structure, nor of the floor area occupied by the nonconforming use.

(b)

Required repairs. If a nonconforming building or structure or portion thereof containing a nonconforming use becomes physically unsafe or unlawful due to a lack of repairs and maintenance, and is declared by the building official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired or rebuilt, except in conformity with the regulations of the district in which it is located.

(c)

Damage by fire or other catastrophe. Any legally nonconforming use or structure that is damaged by fire, collapse, explosion, natural disaster or act of public enemy may be reconstructed, repaired or restored provided that the expense of such reconstruction, repair or restoration does not exceed 100 percent of the structure's pre-catastrophe fair market value, subject to the following:

(1)

The reconstruction, repair or restoration shall take place within six months of the time of when the damage occurred and shall be completed within one year from time of such damage. In the event a pending insurance claim prevents compliance with the repair and occupancy regulations of this subsection, the building official may grant a time extension provided that the property owner submits certification from the insurance company attesting to such delay.

(2)

The use re-established in such structure shall be identical to the nonconforming use which occupied the building or structure prior to its damage or destruction, or shall be a "substitute" nonconforming use as discussed in subsection 122-522(c).

(Ord. No. 2005-11, 11-21-05)

In order to accomplish the elimination of nonconforming uses and structures which constitute a nuisance or are detrimental to the public health, safety or welfare, the City of Bay City, pursuant to the Michigan Zoning Enabling Act, PA 110 of 2006 as amended, may, but is not required to, acquire by purchase, condemnation or otherwise, private property for the purpose of removal of nonconforming uses.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 39, 12-15-08)

In the event there is a change in tenancy, ownership, or management, an existing nonconforming use, building or structure shall be allowed to continue provided there is no change in the nature or character of such nonconformity.

(Ord. No. 2005-11, 11-21-05)

Nothing in this article shall be construed to authorize or permit the continuance of any use which was unlawful at the time such use was established.

(Ord. No. 2005-11, 11-21-05)