Chatham City Zoning Code
NON-CONFORMING LOTS
NON-CONFORMING USES OF LAND, NON-CONFORMING STRUCTURES, NON-CONFORMING USES OF STRUCTURES AND PREMISES AND NON-CONFORMING CHARACTERISTICS OF USE
§ 158.090 INTENT.
(A) Within the districts established by this chapter and amendments that may later be adopted there exist: lots; structures; uses of land and structures; and characteristics of use which were lawful before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, damaged in excess of 50% of the value of the structure, or changed to a conforming use, but not to encourage their survival. It is further the intent of this chapter that non-conformities shall not be enlarged upon, expended or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(B) Non-conforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land, or a non- conforming use of structure and a land in combination shall not be extended or enlarged after passage of this chapter by the addition of other uses, of a nature which would be prohibited generally in the district involved.
(C) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the 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 carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
(Ord. 96-54, passed 3-26-96)
§ 158.091 NON-CONFORMING LOTS OF RECORD.
(A) In any district in which single family dwellings are permitted, a single family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the Board of Appeals.
(B) If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.
(Ord. 96-54, passed 3-26-96)
§ 158.092 NON-CONFORMING USES OF LAND (OR LAND WITH MINOR STRUCTURES ONLY).
Where at the time of passage of this chapter lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding $3,000, the use may be continued so long as it remains otherwise lawful, provided:
(A) No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(B) No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter.
(C) If any such non-conforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(D) No additional structure not conforming to the requirements of this chapter shall be erected in connection with such non-conforming use of land.
(Ord. 96-54, passed 3-26-96)
§ 158.093 NON-CONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendments of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
(B) Should such existing non-conforming business or industrial non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. (Residential structures or the residential portion of a business or industrial structures are excepted from the 50% portion of a business or industrial structures are excepted from the 50% provision).
(C) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 96-54, passed 3-26-96)
§ 158.094 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION.
If lawful use involving individual structures with a replacement cost of $3,000 or more, or of structure and premises in combinations, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;
(B) Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building;
(C) If no structure alterations are made, any non-conforming use of a structure, or structure and premises, may as a special exception be changed to another non-conforming use provided that the Zoning Board of Appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non- conforming use. In permitting such change, the Zoning Board of Appeals may require appropriate conditions and safeguards in accord with the provisions of this chapter;
(D) When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 12 months during any three-year period (except when government action impedes access to the premises), the structure, or structures and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located; and
(E) Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50% of the replacement cost at the time of destruction.
(Ord. 96-54, passed 3-26-96)
§ 158.095 REPAIRS AND MAINTENANCE.
(A) On any non-conforming structure or portion of a structure containing a non-conforming use, repairs may be made. In any period of 12 consecutive months, repairs or replacement of non- bearing walls, fixture, wiring or plumbing, to an extent not exceeding ten per cent of the current replacement costs of the non-conforming structure or non-conforming portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.
(B) If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized 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) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.
(Ord. 96-54, passed 3-26-96)
§ 158.096 USES UNDER SPECIAL USE PROVISIONS NOT NON-CONFORMING USES.
Any use which is permitted as a special use in a district under the terms of this chapter (other than a change through Zoning Board of Appeals action from a non-conforming use to another use not generally permitted in the district) shall not be deemed a non-conforming use in such district, but shall without further action be considered a conforming use.
(Ord. 96-54, passed 3-26-96)