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Bay City City Zoning Code

10.18 Nonconforming

Uses

10.18.010 Purpose

Invariably, at the time a zoning ordinance is adopted or amended, certain uses which existed prior to the adoption or amendment will not conform to the use of dimension regulations for the zone. These are known as nonconforming uses, and in order to feasibly adopt the zoning ordinance and so as not to cause undue economic hardship on owners of nonconforming uses, these uses are allowed to continue under special conditions as outlined in the following Sections.

10.18.020 Continuation Of Nonconforming Structure Or Use

Subject to the provisions of this Section, a nonconforming structure or use may be continued and maintained in reasonable repair, but shall not be altered or extended. The extension of a nonconforming use to a portion of a structure which was arranged or designed for the nonconforming use at the effective date of this Chapter is not considered an enlargement or expansion of a nonconforming use. Alteration or extensions of nonconforming uses may be allowed when the Planning Commission determines that such alterations or extensions are necessary to comply with other City, State, or Federal requirements.

10.18.030 Discontinuance Of Nonconforming Use

  1. If a nonconforming use involving a structure is discontinued for a period of 6 months, further use of the property shall conform to this Chapter.
  2. If a nonconforming use not involving a structure is discontinued for a period of 6 months, further use of the property shall conform to this Chapter.

10.18.040 Improvement Of Certain Nonconforming Uses

A use which is nonconforming with respect to provision for screening shall provide screening within a period of 3 years from the effective date of this Chapter.

10.18.050 Change Of A Nonconforming Structure

Except for signs, a structure conforming as to use but nonconforming as to height, yard requirements, or lot coverage may be altered or extended provided the alteration of extension does not exceed the area, height, or coverage requirements of this Chapter. A nonconforming sign shall not be altered or extended except to make it comply with the requirements of this Chapter.

10.18.060 Change Of A Nonconforming Use

  1. If a nonconforming use not involving a structure is replaced by another use, the new use shall conform to this Chapter.
  2. If a nonconforming use involving a structure is replaced by another use, the new use shall conform to this Chapter unless the Planning Commission determines that such structure is suitable only for another nonconforming use no more detrimental to surrounding properties than the one to be replaced.

10.18.070 Destruction Of Nonconforming Structure Or Use

If a nonconforming use structure or a structure containing a nonconforming use suffers damage or is destroyed by any cause, including intentional destruction exceeding 50% of its assessed value and is not returned to use or repaired within 6 months, a future structure or use on the site shall conform to this Chapter.