Chatham City Zoning Code
DISTRICT REGULATIONS
GENERAL PROVISIONS
§ 158.010 ALLOWABLE USE OF LAND OR BUILDINGS.
The following uses of land or buildings listed below are allowed in the districts indicated hereinafter under the conditions specified in this chapter.
(A) Uses lawfully established on the effective date of this chapter.
(D) Accessory uses, subject to § 158.013 hereof.
(Ord. 96-54, passed 3-26-96)
§ 158.011 CONTROL OVER USE.
(A) Any tract of land may be used.
(B) Any lawfully existing or new building or other structure may be used, relocated, enlarged, converted, extended, reconstructed or altered.
(C) The use of any lawfully established existing building or other structure, or tract of land may be continued, changed, extended or enlarged.
(D) Special uses allowed by these regulations for the district in which such building or other structure, or tract of land is located, may be used as specified in the district regulations and shall conform to other regulations set forth for that district, and to other applicable regulations of this chapter.
(Ord. 96-54, passed 3-26-96)
§ 158.012 CONTROL OVER BULK.
In all districts, after the effective date of this chapter and subject to the provisions of § 158.090 through 158.096 on non-conforming uses, any new building or other structure shall conform to all the bulk, height and area requirements set forth in the regulations for the district in which such building or other structure is located, and to all other applicable regulations of this chapter.
(Ord. 96-54, passed 3-26-96)
§ 158.013 ACCESSORY BUILDINGS, STRUCTURES AND USES.
(A) Compatibility. Accessory buildings, structures and uses shall be compatible with the principal uses and shall not be established prior to the establishment of the principal use.
(B) Location. No accessory buildings or structure, unless it conforms with the requirements of accessory buildings for conditional uses, shall be erected or altered at, nor moved to, a location within ten feet of the nearest wall of the principal building, nor within the required area of a front or side yard. Notwithstanding the foregoing, an accessory building may be located within ten and three feet of the nearest wall of the principal building if the wall(s) within three and ten feet are one-hour fire rated walls. For purposes of this section, a wall shall be presumed to be a one-hour fire rated wall if it is constructed with two layers of "Type X 5/8" drywall or gypsum board.
An accessory building, structure of use in a rear yard shall be not less than three feet from any property line, except that on a corner lot, a reversed corner lot, or a through lot, such accessory building, structure or use shall be set back from the property line adjoining a street the distance required herein for the principal building. No accessory building shall be located on an underground utility easement or on a drainage easement or so as to interfere with the easement.
(C) Encroachment. No accessory building, structure, or use shall encroach upon that side yard of a corner lot which is adjacent to the street, upon that side of a reversed corner lot which is adjacent to the street, upon that part of a rear yard, or of a through lot, which is within 35 feet from the street line abutting the rear lot line, or upon a front yard, except as permitted herein for specific uses.
(D) Height of accessory buildings. No building or structure, accessory to dwelling uses, shall have more than one story nor exceed 17 feet in height unless otherwise permitted.
(E) A private residential pool is an accessory use. See § 158.073 of this chapter for further pool regulations.
(Ord. 96-54, passed 3-26-96; Am. Ord. 17-12, passed 3-14-17)
§ 158.014 YARDS, GENERAL.
(A) Location. All yards and other open spaces allocated to a building (or group of buildings comprising one principal use) shall be located on the same lot as such building. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space, or minimum lot area requirements for any other building.
(B) Lot division. No improved lot shall hereafter be divided into two or more lots and no portion of an improved lot shall be sold, unless all improved lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the zoning district in which the property is located.
(C) Reduction. No yards, now or hereafter provided for a building existing on the effective date of this chapter, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for equivalent new construction.
(Ord. 96-54, passed 3-26-96)
§ 158.015 PERMITTED OBSTRUCTIONS IN REQUIRED YARDS.
No obstructions shall be permitted in any required yard except as follows:
(A) In any yards: marquees and awnings adjoining the principal building overhanging roof eaves; chimney, if they do not exceed ten percent of the depth of the yard; and ornamental light standards, domestic television and radio antenna, flag poles, arbors, trellises, trees, shrubs, coin operated telephone, permitted signs and outdoor fuel dispensing equipment. On corner lots, obstructions not higher than 30 inches above curb level, if located in that portion of a required front yard or side yard situated within 20 feet of the lot corner formed by the intersection of any two street lines.
(B) In side yards: open accessory off-street parking spaces, except in a side yard abutting a street.
(C) In rear yards: enclosed, attached or detached off-street parking spaces; open off-street parking spaces; accessory sheds; tool rooms; and any farm accessory building; or any similar structures customarily accessory to the principal use; and balconies, breezeways and open porches.
(Ord. 96-54, passed 3-26-96)
§ 158.016 BUILDING ERECTION AND CONSTRUCTION REQUIREMENTS.
(A) Permits. No application for a building permit zoning certificate shall be approved by the Zoning Administrator, and no permit or license shall be issued by any other village department which would authorize the use or change in use of any land or building contrary to the provisions of this chapter, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this chapter.
(B) Building construction; compliance with district limitations. No building shall be erected, reconstructed, relocated or structurally altered so as to have a greater height or bulk, or smaller open space about it than permissible under the limitations set forth in this chapter for the district in which such building is located.
(C) Building construction; open space requirements. No space allocated to a building or dwelling group for the purpose of complying with the side, rear or front yard, or court or other open space, or lot area requirements shall thereafter, by reason of change in ownership, be used to satisfy the yard, open space of lot area requirements of any other building or dwelling group.
(D) Building construction; usable open space. No usable open space or off-street parking space or loading space existing or provided for any building shall be reduced below the minimum requirements set forth in this chapter for such usable open space, parking space, or loading space, nor further reduced if already less than such minimum requirements.
(E) Lot area and dimension. Any single lot or parcel of land which was of record on July 1, 1982, that does not meet the requirements for yards or usable open space, may be utilized for a permitted use; provided, that front and rear yards are not less than 75% of the required minimum and that side yards shall not be not less than three feet.
(F) Building location. Except as otherwise provided for in this chapter, every building shall be constructed or erected upon a lot, or parcel of land, which abuts upon a public, fully dedicated street or permanent easement of access to a public street.
(G) Buildings under construction. Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the adoption of the ordinance and upon which building construction is diligently carried on; provided, that such building shall be completed within one year from the date of passage and publication of the ordinance.
(H) Accessory buildings. Conformance to regulations applicable to main buildings. Where an accessory building is structurally attached to a main building, it shall be subject to, and must confirm to, all regulations pertaining to the main building.
(I) Accessory building placement. An accessory building may not be located nearer to any interior lot line than that permitted for the main building, when any part of the accessory building is on line with the main building if extended. However, subject to restrictions on buildings with easement when an accessory building is located in the rear yards it may then be located within three feet of an interior lot line, but not nearer than five feet of the rear lot line.
(J) Accessory building, construction prior to that of main building. An accessory building shall not be erected more than 60 days prior to the establishment or construction of the main building to which it is accessory.
(K) Accessory building, prohibited locations. No accessory building shall be located on a reversed corner lot beyond the front yard required on the adjacent lot to the rear, nor be located nearer than three feet to the side lot line of the adjacent lot.
(L) Excavation, zoning certificate. The excavations from or deposits on the earth of rock, stone, gravel, sand, earth, minerals, or building or construction materials shall not be construed to be permitted use in any district established by this chapter unless and until a land use zoning certificate has first been secured therefore, except for the following defined extractions and deposits:
(1) Excavations for the foundation or basement of any building or for a swimming pool for which a land use permit or a building permit has been issued, or deposits on the earth of any building or construction materials to be used in a structure for which such zoning permit and building permit has been issued.
(2) Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than ten feet in vertical height, or when less than 1,000 cubic yards of earth is removed from the premises.
(3) Grading in a subdivision which has been approved by the village in accordance with the village subdivision regulations and any amendments thereto.
(4) Excavation by any public agency or public utility for the installation, operation, inspection, repair or replacement of any of its facilities.
(Ord. 96-54, passed 3-26-96)
§ 158.017 PROCEDURE FOR ZONING OF TERRITORY TO BE ANNEXED OR ANNEXED TERRITORY.
All land which may hereafter become a part of the village as a result of annexation shall be classified and placed in zoning districts in the following manner:
(A) Automatic zoning. Unless otherwise provided pursuant to an annexation agreement, any area which is annexed to the village shall automatically be classified P-1, Pre-Urban District. Only those uses actually in effect on the date of annexation, or uses permitted in both the R-1 zone and the P-1 zone, may continue until such time as the lot is rezoned from P-1 to some other classification.
(B) Procedures in event of an annexation agreement. When land is annexed pursuant to an annexation agreement, which contains provisions relating to zoning, all hearings which would be required with respect to such zoning provisions if the land were already in the village shall be conducted prior to the village's execution of the annexation agreement.
(Ord. 96-54, passed 3-26-96)
§ 158.018 INCORPORATION OF THE ZONING MAP.
The location and boundaries of the districts established by this chapter are set forth in the "Zoning District Map", dated November, 1994, as amended from time to time by subsequent ordinances amending or adding to same, which is hereby incorporated as part of this chapter. The zoning map, including all amendments thereto, shall be as much a part of this chapter as if fully set forth and described herein. Said map shall be filed with the office of the Village Clerk and shall be made available to public reference at all times during which those offices are open.
(Ord. 96-54, passed 3-26-96)
§ 158.019 MISCELLANEOUS.
(A) Unclassified or unspecified uses. In case of uncertainty where the Zoning Administrator is unable to determine literally whether a use is permitted as a principal or accessory use, he shall consult the Zoning Board of Appeals for an interpretation.
(B) Temporary uses. Temporary uses such as real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure may be permitted by the Zoning Administrator through the issuance of a certificate for a period not to exceed six months. This temporary certificate may be renewed semi-annually but in no case shall the effective space of the certificate exceed two years.
(C) Flood hazard area. No building or structure other than those accepted by this chapter shall be erected within the flood plain boundary illustrated on the Zoning District Map. The flood plan area shown on the map is derived from the Flood Hazard Boundary Map for Chatham and vicinity prepared by the U.S. Federal Emergency Management Agency, Federal Insurance Administration.
(Ord. 96-54, passed 3-26-96)
§ 158.020 EXCEPTIONS.
(A) Exceptions to use regulations. The following uses are exempted in all districts by this chapter and permitted by right: public rights-of-way by easement; telephone booths; poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any other similar distributing equipment for telephone or other communication and electric power, gas, water and sewer lines.
(B) Exceptions to height regulations. The height limitations of this chapter shall not apply to the following structures: cooling towers, church spires, belfries, cupolas, elevator bulkheads and domes not intended for human occupancy; monuments, water towers, transmission towers, chimneys, smoke stacks, derricks, conveyors, flag poles, radio towers, masts, aerials and necessary mechanical appurtenances.
(Ord. 96-54, passed 3-26-96)