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Chatham City Zoning Code

ARTICLE XII

Nonconforming Uses, Buildings and Lots

§ 110-42 Applicability; construal.

A. 
Application of regulations. The provisions of this Article shall apply to all nonconforming structures and uses as defined in Article II.
B. 
Nonconforming structures or uses not to be construed as violations. No structure or use lawfully existing at the effective date of this chapter shall be deemed to be in violation of this chapter.
C. 
Special permit uses. Any use which requires a special permit, but which has not been issued a special permit, may continue as a nonconforming use until it is granted a special permit, provided that such use was not originally established in violation of this or any prior zoning law. Upon the granting of such a special permit, the use shall become conforming and shall be governed by the conditions attached to the special permit. If such a special permit is denied, the use may continue as a nonconforming use, subject to the requirements of this section.

§ 110-43 Continuance.

A. 
Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter, or any amendment thereto, which does not comply after the effective date of this chapter, or any amendment thereto, with the use regulations of the district in which it is situated may be continued in the building or structure or upon the lot or land so occupied, except as provided in this section.
B. 
A nonconforming mobile home may be replaced by another mobile home that complies with all applicable state and federal construction and installation standards. A single-wide mobile home may not be replaced by a double-wide mobile home.
C. 
A nonconforming structure (or any structure located on a nonconforming lot) that contains a conforming use may be reconstructed, structurally altered, restored or repaired, in whole or in part, provided that the degree of nonconformity is not increased.

§ 110-44 Discontinuance.

A. 
A nonconforming use shall be deemed to be abandoned:
(1) 
When it is changed to a conforming use; or
(2) 
When it has been discontinued for a period of 18 consecutive months.
B. 
A nonconforming use that has been abandoned shall not thereafter be reinstated.

§ 110-45 Expansion, maintenance, changes and restoration.

A. 
Upon the approval of a special permit by the Planning Board, a nonconforming use which is prohibited by this chapter may be expanded or enlarged by up to 25% of its size at the time it became nonconforming.
B. 
A structure used for a nonconforming use may be repaired or restored to a safe condition.
C. 
A nonconforming use may not be changed to a prohibited use, except as provided in Article XIV.
D. 
Nothing in this chapter shall prevent the restoration within one year of a structure(s) destroyed, in whole or in part, by fire, explosion or act of God or prevent the continued use of such structure(s).

§ 110-46 Construction already underway.

Any structure for which construction was legally begun prior to the effective date of this chapter, or any subsequent amendment thereof applying thereto, may be completed and used in accordance with the plans and specifications for the structure.

§ 110-47 Existing undersized lots.

A. 
Any lot held in single and separate ownership prior to the adoption of this chapter and whose area and/or depth are less than the specified minimum lot requirements of this chapter for the district may be considered as complying with such minimum lot requirements, and no variance shall be required, provided that:
(1) 
Such lot does not adjoin any other lot or lots held by the same owner. Proof of separate ownership shall be provided in the form of a title search.
(2) 
Such lot has an area of at least 5,000 square feet and a minimum width of at least 45 feet at the required front-yard setback line, if it is to be used for residential purposes.
(a) 
The following minimum yard dimensions are maintained for residences:
[1] 
Front yards: 15% of lot depth but not less than the prevailing setback on the street or 20 feet, whichever is less.
[2] 
Side yards, each: 20% of lot width but not less than eight feet.
[3] 
Rear yards: 15% of lot depth but not less than 20 feet.
(b) 
In no case need the above yard dimensions exceed those for the district in which located.
(3) 
All other dimensional requirements for the district are complied with.
B. 
In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.
C. 
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of such owner's or owners' property or properties, with approval by the Village Planning Board.

§ 110-48 Reduction of lot or yard area.

The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this chapter, unless a variance is granted pursuant to § 110-68.