Where the conditions imposed by any provisions of this Ordinance are less restrictive than comparable conditions imposed by any other provisions of this Chapter or of any Chapter, Code, Ordinance, resolution, or regulation, the provisions which are more restrictive shall govern.

The Planning Commission may permit a use in a particular district, if that use is not listed in this Chapter, if it finds that the use is similar to other uses permitted in that district. However, this section does not authorize inclusion in a zone where it is not listed of a use specifically listed in another zone.

1. Exception to Periodic Use of Travel Trailers/RV Standards Any person may apply to the Bay City Council for exceptions to this Chapter. Exceptions may be granted where extraordinary circumstances exist, where the application of the Chapter creates a hardship on the person or where there are other circumstances for which the Council may find an exception just and appropriate.
2. Accessory Structures and Uses.
   1. A greenhouse or hot house may be maintained accessory to a dwelling provided there are no sales.
   2. A guest house may be maintained accessory to a dwelling provided there are no cooking facilities in the guest house.
   3. Sight obscuring fences may be located in a required front yard or in a vision clearance area provided that they shall not exceed three (3) feet in height measured from the top of the curb.
3. Exception to Height Regulations. Height limitations set forth elsewhere in this Code shall not apply to: Barns, silos, or other farm buildings and structures, water towers and tanks, provided they are not less than 50 feet from every lot line; chimneys, church spires, belfries, cupolas, domes, smokestacks, flagpoles, grain elevators, cooling towers, monuments, fire hose towers, masts, aerials, elevator shafts and other similar projections; and outdoor theater screens, provided said screens contain no advertising matter other than the name of the theater.
4. Exception to Yard Requirements.
   1. Projections into required yards. Certain architectural features may project into required yards or courts as follows:
      1. Cornices, canopies, eaves, belt courses, sills, or other similar architectural features, or fireplaces, but they may not in any case extend more than eighteen (18) inches into an required yard areas.
      2. Fire escapes, open uncovered porches, balconies, landing places or outside stairways may not in any case extend more than eighteen (18) inches into any required side or rear yards, and not exceeding six (6) feet into any required front yard. This is not to be construed as prohibiting open porches or stoops not exceeding eighteen (18) inches in height and not approaching closer than eighteen (18) inches to any lot line.
   2. Front Yard Exceptions. The following exceptions to the front yard requirements are authorized for a lot in any zone district:
      1. If there are dwellings on both abutting lots with front yards of less than the required depth for the zone district, the front yard of the lot may equal the average front yard of the abutting lots.
      2. If there is a dwelling on one abutting lot with a front yard of less depth than the required depth for the zone district, the front yard for the lot may equal a depth halfway between the depth of the abutting lot and the required front yard depth.
   3. Structures Within Yards. Decks, walkways or uncovered porches, 12 inches or less in height above grade, may be located within a required yard no closer than five (5) feet from the property line.
   4. Portable accessory structure or object.
      1. Portable accessory structures or objects may be located in a rear yard or street-side yard setback provided all of the following are met:
         1. Such structures or objects, with the exception of basketball hoops, shall be less than10’ in height. Basketball hoops shall be less than 20’ in height;
         2. Shall have structural walls located no closer than five (5) feet from the property line; and
         3. Shall have a footprint of less than 200 square feet.
5. Authorization for Similar Uses. The Planning Commission may rule by resolution that a use, not specifically named in the allowed uses of a district shall be included among the allowed uses, if the use is of the same general type and is similar to the allowed uses.
6. Existing Uses. Except as hereinafter specified, any use, building or structure lawfully existing at the time of the enactment of this code , may be continued even though such use, building or structure may not conform to the provisions of the original Zoning Code dated July 28, 1980, for the district in which it is located; provided however, that this section does not apply to any use, building or structure established in violation of any zoning Code previously in effect. Any change of use shall be subject to the applicable provisions of this Development Code.
7. Pending Building Permits. Nothing herein shall require any change in the location, site plans, building plans, construction, size, or designated use of any development, building, structure or part thereof, for which the required official approval has been granted prior to the adoption of the original Development Code, or which was lawfully permitted within an area prior to annexation thereof to Bay City. Unless construction on such building or structure within the City begins within one (1) year after the adoption of the original Development Code, no such existing permit shall be deemed to allow any building or use which would not conform to the requirements of this Development Code.
8. Existing Land Restrictions. It is not intended by this Code to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided however, that where this Code imposed a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this Code shall govern.