It is the intent to recognize that the elimination, as expeditiously as is reasonable, of existing structures and uses that are not in conformity with the provisions of this chapter, is as much a subject of health, safety, and welfare as is the prevention of the establishment of new structures and uses that would violate the provisions of this chapter. It is therefore, the intent to administer the elimination of nonconforming structures and uses, recognizing established private property rights, and avoiding any undue hardship. The following regulations shall apply to all nonconforming buildings and structures, or parts thereof, and nonconforming uses existing at the effective date of this chapter.

(1)

There are established two classes of nonconforming uses and structures as follows:

a.

Class A, those that should be restored, reconstructed, or have substituted nonconforming uses;

b.

Class B, those that are not desirable and useful and will only be allowed to be continued until they are removed or voluntarily discontinued;

c.

Classification regulations.

1.

All nonconforming uses, buildings or structures shall be classified as class B nonconforming uses at adoption of this article.

2.

Class A nonconforming uses, buildings or structures are those which have been so designated by the zoning board of appeals upon findings that:

(i)

Continuance thereof would not be contrary to the public health, safety or welfare, or the spirit and intent of this chapter;

(ii)

The use, building or structure does not, and is not likely to, significantly depress the value of nearby properties;

(iii)

The use, building or structure was lawful at the time of its inception; and

(iv)

No useful purpose would be served by strict application of the provisions or requirements of this chapter with which the use, building or structure does not conform.

d.

Procedure for obtaining class A designation. A written application shall be filed with the city clerk for action by the zoning board of appeals setting forth the name and address of the applicant giving a legal description of the property to which the application pertains and including such other information as may be necessary to enable the zoning board of appeals to make a determination of the matter. The zoning board of appeals may require the furnishing of such additional information as it considers necessary. The notice and hearing procedure before the zoning board of appeals shall be the same as for an application for a variance. The decision shall be in writing and shall set forth the findings and reasons on which it is based. The zoning board of appeals may attach conditions, including any time limit where necessary, to ensure that the use, building, or structure does not become contrary to the public health, safety, or welfare or the spirit and purpose of this this section.

e.

Revocation of a class A designation. Any class A designation shall be revoked, following the same procedure required for designation, upon finding that, as a result of any change of conditions or circumstances, the use, building, or structure no longer qualifies for a class A designation.

f.

Regulations pertaining to class A. Regulations pertaining to class A are as follows:

1.

No class A nonconforming use of land, building, or structure shall be resumed if it has been, for any reason, discontinued for a continuous period of at least 12 months or if it has been changed to another nonconforming use for any period.

2.

A class A use or structure may be used, altered or enlarged, provided that it does not violate any condition imposed by the board of zoning appeals at the time of its designation.

3.

Nothing in this section shall prevent the restoration of a class A nonconforming building or structure destroyed by fire, explosion, act of God, or act of the public enemy subsequent to the effective date of its class designation or shall prevent the continuance of the use of such building or structure or part thereof as such use existed at the time of such impairment of such building or structure or part thereof, provided that such restoration is completed within 18 months from the time of destruction and that the same use is made of the premises; except that, for reasonable cause, the building official may grant one extension of time for an additional period not exceeding 90 days.

4.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition any class A nonconforming building or structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

5.

Should a class A nonconforming building or structure be moved for any reason, it shall thereafter conform to the regulations for the district (zone) in which it is located after it is moved.

6.

Where class A nonconforming use status applies to a building and/or structure and premises in combination, removal of the building or structure shall eliminate the nonconforming status of the land.

7.

Any class A nonconforming use of a building or structure or land may be changed to another nonconforming use upon written findings of the zoning board of appeals that the proposed use is:

(i)

Similar in operational characteristics as the former nonconforming use;

(ii)

There is no increase in the intensity of the use of the land, building or structure involved;

(iii)

Such change in use will have a less detrimental effect or negative impact on neighboring property than the existing nonconforming use it is replacing; and

(iv)

The proposed use, although inappropriate to a uniform zoning pattern, is desirable and useful in pursuit of the public interest or is more appropriate to the zoning district than the existing nonconforming use.

8.

In permitting such a change in use, the zoning board of appeals may require ap propriate conditions and safeguards in accord with the purpose and intent of this chapter, inclusive of upgrading the premises to comply as nearly as is practicable with requirements of this chapter.

9.

Prior to action by the zoning board of appeals, all required documentation for a change from one nonconforming use to another shall be submitted to the planning commission for its review and written recommendation.

g.

Regulations pertaining to class B. Regulations pertaining to class B are as follows:

1.

The purpose of this section is to eliminate class B nonconforming uses and structures as rapidly as is permitted by law, without payment of compensation.

2.

Any part of a building, structure or land occupied by a nonconforming use which hereafter is abandoned and remains unoccupied for a continuous period of 12 months shall not thereafter be occupied, except by a use which conforms to the use regulations of the district in which it is located. This shall not apply to a seasonal nonconforming use of land. However, discontinuation for a full season with no active attempt to sell or market the property shall be considered abandoned and any future use shall conform to this chapter.

3.

A nonconforming building or structure having been damaged or partially destroyed by fire or other calamity to an extent not exceeding 60 percent of its assessed valuation, exclusive of foundations, at that time, may be restored; and its immediately previous occupancy or use existing at the time of such partial destruction may be continued or be resumed, provided that such reconstruction is approved by variance as authorized under article XII hereof, and the work of restoration is commenced within one year of the date of such partial destruction and is diligently carried on to completion. Whenever a nonconforming building or structure is damaged in excess of 60 percent of its assessed valuation, exclusive of foundations, at that time, the repair or reconstruction of such building shall conform to all of the regulations of the district in which it is located and it shall be treated as a new building.

4.

The nonconforming use of a building, structure or land may not be changed to a different use unless one of the following conditions has been met:

(i)

Such different use is permitted in the zoning district under which the property is currently zoned, subject to site plan review and approval as required in this chapter.

(ii)

Such proposed use, while still nonconforming, is considered less intense than the previous nonconforming use as determined by the City of New Baltimore Planning Commission, and would bring the site closer into conformance with existing ordinance standards. A use may be deemed more intense if the planning commission determines that the proposed use meets any of the following criteria:

(A)

The proposed use generates more light, noise, air, or other pollution than the current use;

(B)

The proposed use generates more traffic and/or turning movements, or negatively alters the traffic circulation pattern on or off the site;

(C)

The use generates a greater need for parking on site;

(D)

The proposed use causes greater negative economic impacts on adjacent properties than the current use.

Where a use change requires submission of a site plan, the applicant shall be required to comply with all applicable zoning provisions as is deemed reasonably feasible by the City of New Baltimore Planning Commission. Site plan compliance shall include but not be limited to such items as parking, landscaping, and signage.

5.

There may be a change of tenancy, ownership or management of an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use.

6.

Except as otherwise provided in this section, a nonconforming building or structure may be maintained. The maintenance of such building or structure shall include necessary repairs and incidental alterations. The alterations, however, shall not increase the extent or degree of nonconformity of such building or structure. In a building which is nonconforming as to use regulations, no structural alterations shall be made, except those required by law or ordinance. Provided further, that the cost of such work shall not exceed 30 percent of the assessed valuation of such building or structure at the time such work is done. This requirement shall not be considered as prohibiting the bringing of a structure into conformity with the regulations of the district in which it is located.

7.

A nonconforming use of a portion of a building or structure, which building or structure otherwise conforms to the provisions of this chapter, shall not be expanded or extended into any other portion of such conforming building or structure, nor changed, except to a conforming use. If such nonconforming use, or portion thereof, is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof, shall be in conformity to the regulations of the district in which such building or structure is located.

8.

Whenever the owner shall fail to comply with the provisions of this chapter relating to removal or discontinuance of a nonconforming use, the building official shall serve notice in writing on such owner or his agent requiring him/her to comply therewith within a reasonable time after such notice. If, after such notice, the owner fails to comply therewith, the building official shall take such action as may be necessary, including civil action, to cause compliance with the provisions hereof.

9.

Nonconforming lot of record; division of nonconforming lot. Parcels shall not be divided in a manner that increases nonconformity, causes an existing structure or site improvement to become nonconforming, or creates one or more nonconforming lots.

10.

Use of nonconforming lot of record. Any nonconforming lot of record shall only be used as permitted in the district in which it is located. A single nonconforming lot may be developed or improved with a principal building and permitted accessory structures, without the need for a variance, provided that the following conditions have been met:

(i)

The structure and lot shall conform to all applicable yard dimensions, setbacks and other requirements, other than minimum lot width and lot area, for the district in which it is located.

(ii)

The lot in question meets 70 percent of the minimum lot width and lot area requirements of the district in which it is located.

(iii)

The lot is not under contiguous single ownership with other lots that could be combined into one or more conforming lots.

11.

Contiguous nonconforming lots under the same ownership. Two or more contiguous, nonconforming lots under the same ownership shall be considered one parcel. The applicant shall not be permitted to make improvements to the parcel prior to combining such lots to create one conforming lot of record.

(Ord. No. 158, § 11.00, 9-22-2008; Ord. No. 228, § 1, 10-16-2019)