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Chatham City Zoning Code

SECTION 5

- A-2 RESIDENCE DISTRICT

Sec. 5A. - A-2 Residence District uses.

Within any A-2 Residence District, as indicated on the building zone map, no lot, building, or structure shall be used for the storage, parking, placement, temporary or otherwise, of any trailer, mobile home, mobile quarters, or other similar structure or device used for dwelling and designed or intended to be transported from place to place, and no building or structure shall be erected which is intended or designed to be used, in whole or in part, for any industrial, manufacturing, trade or commercial purpose, or for any other than the following specified purposes:

(1)

Any use hereinbefore permitted in A-1 Residence District.

(2)

A detached or semi-detached residence for two families or two housekeeping units.

(3)

Boarding houses, tourist houses.

(4)

Hotels not catering to transient guests and not carrying any merchandise.

(5)

Fraternal, social, recreational, and community center organizations; provided that any such establishment shall not be conducted primarily for gain.

(6)

Rescue and Ambulance organizations operated non-profit.

(7)

Nursing homes and assisted living facilities. Associated support services such as offices for physicians, pharmacies, radiologists, physical therapists may be permitted by special use only.

(Ord. of 2-12-1979, § 5(5A); Ord. of 8-7-2005, § 1)

Sec. 5B. - A-2 Residence District regulations.

(a)

Street access. No lot shall contain any building used as a residence unless such lot abuts on at least one street or unless there is a perpetual unobstructed easement of access at least 30 feet wide to such a street.

(b)

Room/window requirements. Every room in which one or more persons live, sleep, work, or congregate, except storage rooms where the nature of the occupancy does not require direct light and air from the outside, shall have a total window area equal to or greater than one-tenth of the floor area of the room. Such windows shall open directly either upon a street or alley not less than ten feet in width or upon a rear yard, side yard, outer court or enclosed court located upon the same lot and conforming to the requirements prescribed for these by this chapter as to minimum area and least dimensions.

(c)

Satellite dishes. Satellite dishes for TV reception shall be restricted from the front yard.

(d)

Accessory buildings.

(1)

Accessory buildings permitted by this chapter shall be placed in rear yards only. The aggregate ground area covered by accessory buildings, including the ground area covered by any projections or encroachments hereinbefore permitted, shall not exceed 40 percent in A-2 Residence Districts.

(2)

No accessory building in any A-2 Residence District, which is within ten feet of any party line, shall be more than one story high. No accessory building shall exceed 35 feet in height. No accessory building which is not of fire-proof construction shall be within less than two feet of any party lot line in any A-2 Residence District; except that this shall not prevent the erection or completion of a common garage across their joint lot line by adjoining property owners.

(3)

Within the limitations hereinbefore recited in this section any accessory building on a corner lot in an A-2 Residence District shall be distant as far as possible from all street lines, excepting that this shall not require the distance from any street line to exceed 30 feet; but when the rear of any corner line abuts any lot facing on a street which is a side street with reference to said corner lot, any accessory building on the corner lot shall not be built nearer the rear line of the corner lot than six percent of the depth of the lot.

(e)

Advertising signs. Within any A-2 Residence District no structure shall be used as a ground sign or commercial bill board except that the inscription of advertisement thereon apply solely to the premises upon which such structure is erected or to a business thereon conducted and provided that no such sign or bill board shall be erected in front of the front property line. No such sign or bill board shall be larger than 15 square feet.

(f)

Courts.

(1)

When a window in any A-2 Residence District in any room except a storage room, bathroom, or clothes closet does not open on a street, alley, side or rear yard as required in this chapter, it shall open on a court conforming to the provisions hereinafter contained in this section. The court need not extend below the lowest story it is required to serve.

(2)

In any A-2 Residence District, no accessory building shall be located within any required court.

(3)

Within the limits of any outer court, no fence nor wall more than 50 percent solid shall be more than four feet high.

(4)

In any A-2 Residence District, the minimum widths of courts at the levels of the lowest window sill of the story served by such court shall be as follows:

No. stories
above the lowest level
served by the court
Width of
outer court
Width of
enclosed court
1 4 ft. 6 ft.
2 6 ft. 10 ft.
3 8 ft. 14 ft.
For each story over 3, if permitted, add 2 ft. 4 ft.

 

(5)

In no case shall an outer court be less than two inches wide for each foot of building length from the enclosed end.

(6)

The length of an enclosed court shall be at least twice the required width of the court or such court shall have an area equivalent to the product of the said required dimensions.

(7)

Except as specified in Section 5C(f) (Projections and Encroachments) courts required by this chapter shall be open, unobstructed to the sky.

(g)

Public water and sewer service. In any residential district where public water service is available, residents are required to hook up to the service. In any residential district where public sewer service is available, residents are required to hook up to the service unless at the time of the passage of this ordinance a resident has a properly maintained septic system. The exception will remain in effect for as long as the septic system continues to be properly functioning and maintained.

(Ord. of 2-12-1979, § 5(5B))

Sec. 5C. - A-2 Residence District area requirements.

(a)

Open yards. Except as specified in Section 5C(f) (Projections and Encroachments), yards required by this chapter shall be open, unobstructed to the sky.

(b)

Setback building lines.

(1)

In any A-2 Residence District, no building shall be erected, reconstructed, or altered nearer to the street line on which it faces than the average setback observed by the buildings on the same side of the street and fronting thereon. The face of the front wall of the building is to be the determining factor for the setback measurements within the same block at the time of the passage of this chapter.

(2)

The side of a building or a corner lot shall not be a factor in establishing the setback line.

(3)

Where there are buildings on only one side of the street within the block at the time of the passage of this chapter, the setback line for the unoccupied side shall be the same as that established on the occupied side as hereinbefore provided.

(4)

Where there is no building on either side of the street within the block at the time of the passage of this chapter, the setback line shall not be less than 25 feet in A-2 Residence Districts; provided that on a hillside street if the natural slope of the ground on either side of a street and within a block is such that the average difference in elevation is five feet, provided further that no such line shall be less than 15 feet from the street line.

(5)

Provided that no such building shall be required to set back from the street a distance greater than the setback line observed by that one or two existing buildings on the immediate adjoining lots on either side, which is the further removed from the street line.

(6)

In a particular case, where a strict compliance with the terms of this chapter would occasion hardship, the Board of Zoning Appeals by use of a Variance, upon application of the owner, may lessen the setback building line.

(7)

The setback requirements of this chapter shall not apply to any necessary retaining wall, or to any fence or wall which is less than five feet high and less than 60 percent solid.

(8)

Any public or semi-public building allowable in A-2 Residence Districts that is more than 35 feet in height shall be set back from all required front, side, and rear yards one foot for each two feet of such additional height.

(c)

Rear yards.

(1)

In any A-2 Residence District, a rear yard not less than 15 feet deep shall be required on every lot and every such yard shall extend from the rear most portion of the building or structure to the rear line and be the full width of the lot between side lines.

(2)

Any public or semi-public building allowable in A-2 Residents Districts that is more than 35 feet in height shall be set back from all minimum required front, side, and rear yards one foot for each two feet of such additional height.

(3)

The yard requirements of this chapter shall not apply to any necessary retaining wall, or to any fence or wall which is less than five feet high and less than 60 percent solid. Nothing herein shall prevent the construction of a rear line fence or wall to a height not exceeding seven feet.

(d)

Side yards.

(1)

In any A-2 Residence District, there shall be a side yard along side each side of each lot, except as specified elsewhere in this section and below, and the sum of the widths of the two side yards of any lot 75 feet in width or less shall be not less than 25 percent of the width of such lot, and of any lot over 75 feet in width not less than 30 percent of the width of the lot; provided that no such side yard shall be less than five feet in width, and provided further that in any case where the required total width of the two side yards is more than 20 feet, one of such side yards need not be more than ten feet in width.

(2)

Exceptions: for lots less than 40 feet in width existing at the time of the passage of this chapter, no such side yard shall be less than three feet in width.

(3)

When semi-detached houses are permitted with a party wall on the dividing lot line, the minimum side yard requirements along the other lot line shall be two-thirds of the sum of the two side yards required for a detached house.

(4)

Any public or semi-public building allowable in an A-2 Residence District that is more than 35 feet in height shall be set back from all minimum required front, side, and rear yards one foot for each two feet of such additional height.

(5)

The yard requirements of this chapter shall not apply to any retaining wall, or to any fence or wall which is less than five feet high and less than 60 percent solid.

(e)

Heights of buildings.

(1)

In any A-2 Residence District, no building or structure shall exceed the height of a building equal to two stories and an attic above the level of the curb in the center of the front of the building except that a public or semi-public building allowable under Section 5A be erected to not more than 50 feet in height; provided that the portion of such building more than 35 feet high shall be set back from all minimum required front, side, and rear yards one foot for each two feet of such additional height.

(2)

The provisions of this section shall not apply to church spires, belfries, cupolas, domes, monuments, water towers, chimneys, flues, flag poles, nor to parapet walls or roof-mounted solar panels extending not more than three feet above the limiting height of the building on which they rest.

(3)

The provisions of this section shall not prevent the erection of towers occupying not more than 25 percent of the area of the lot and distanced not less than 25 feet in all parts from any lot line not a street line.

(f)

Projections and encroachments.

(1)

Cornices and eaves may project not to exceed three feet over any minimum required yard. Provided that any such projection shall not be less than two feet from any lot line.

(2)

Sills, leaders, belt courses, and similar ornamental features may project six inches over any minimum required yard or court. An open fire balcony, fire escape, or fire tower may project five feet over any minimum required yard.

(3)

A bay window, oriel, or balcony which is not more than ten feet wide may project not more than three feet into any minimum required front yard or rear yard. An open porch or port cochere may extend into any minimum required side yard, provided it does not come nearer the side lot line than three feet.

(4)

The setback and yard requirements of this chapter shall not apply to any necessary retaining wall, or to any fence or wall which is less than five feet high and less than 60 percent solid. Nothing herein shall prevent the construction of a rear line fence or wall to a height not exceeding seven feet. The provisions of this chapter shall not apply to terraces, steps, and uncovered porches which are not in any part more than three feet above the floor level of the first story and not within five feet of any party lot line.

(5)

In an A-2 Residence District, a ground story extension may project into a minimum required rear yard from the rear of any building not more than ten feet; provided it does not extend within less than 15 feet of a rear lot line.

(6)

Uncovered porches or covered but not enclosed porches may project not more than ten feet beyond the front wall of the building into the minimum required front yard.

(g)

Deduced areas. No lot or plot shall hereafter be so deduced in area as to cause any open space required by this chapter to be less in any dimension than is herein required for the district and lot in question.

(Ord. of 2-12-1979, § 5(5C); Ord. of 8-13-1990, § 5(5C); Ord. No. 2023.03.14, 3-13-2023)

Sec. 5D. - A-2. Residence District parking—off-street.

Off-street parking to the standards set forth for A-1 Residence Districts shall be provided for each A-2 Residence District as follows:

(1)

Single family dwelling: two spaces.

(2)

Detached or semi-detached residence for two families or two housekeeping units: 1½ spaces per unit.

(3)

Boarding houses, tourist houses, hotels not catering to transient guests: one space per room for boarders or lodgers.

(4)

For any main building or structure other than a residence which involves assembling of persons, there shall be provided on the same lot or adjoining lots, together with means of ingress and egress thereto, and improved to all-weather standards, one parking space for each five seats provided in the structure.

(Ord. of 2-12-1979, § 5(5D))