The boundaries between districts are, unless
otherwise indicated, the center lines of streets, lanes or watercourses,
property lines or the rights-of-way of power lines or other public
utilities or such lines extended or lines parallel thereto. Where
the boundaries of a single district are indicated as including directly
opposite sides of a street, lane, lake or watercourse or right-of-way
of a power line or other public utility or any portion of its length,
the district so indicated shall be construed to apply to the entire
bed of such street, lane, lake or watercourse or right-of-way of such
power line, railroad or other public utility lying within such portion
of its length. Where uncertainty exists as to the location of any
said boundaries as shown on the Zoning Map, the following rules shall
apply:
A. Where a district boundary is indicated as approximately
following the center lines of a street, lane, lake or public utility
right-of-way, such center line shall be construed to be such boundary.
B. Where a district boundary is indicated as approximately
following a lot or other property line, such lot or property line
shall be construed to be such boundary.
C. Where a district boundary divides a lot or runs through
undivided property, the location of such boundary, unless otherwise
specified by the Zoning Map, shall be determined by the use of the
scale appearing on said Map.
D. Where figures are shown on the Zoning Map between
a street and a district boundary, they shall indicate that the district
boundary runs parallel to the street line at a distance equivalent
to the number of feet so indicated, unless otherwise specified. Where
scaled distances do not agree with such figures, the figures shall
control.
E. Boundary interpretation and appeals procedure.
(1) Where the exact location of a boundary in relation
to a given parcel is in question, an applicant may, as they deem pertinent,
submit documentation of such to the Zoning Officer. The Zoning Officer
shall evaluate all such material and shall make a written report to
the applicant on the results of his determination, a copy of which
shall be provided to City Council.
(2) Any party aggrieved by any such determination of the
Zoning Officer may appeal to the Zoning Hearing Board. The party contesting
the location of the district boundary shall have the burden of proof
in the case of any such appeal.
Overlay districts, defined in §
224-9B, shall be considered supplements to the underlying base zoning districts shown on the Zoning Map of the City of Coatesville.
A. Purpose. Floodplain Conservation (FC), Steep Slope
(SS) and Historic Resources (HR) Overlay Districts have been established
to help protect the health, safety and welfare of the City of Coatesville
as well as the environmental and cultural features of the community.
The TND, HND, SMD, SPD, and FRD Districts have been established to
promote neighborhood and special overlay districts in keeping with
the City of Coatesville revitalization plans.
[Amended 4-11-2005 by Ord. No. 1247-2005]
B. Application of overlay districts.
(1) The districts described in Subsection
A above shall overlay the base zoning districts. The provisions of the overlay districts, set forth in this article, shall serve as a supplement to the underlying district provisions, unless otherwise provided in Articles
XVIII to
XXII.
[Amended 4-11-2005 by Ord. No. 1247-2005]
(2) Where there is any conflict between the provisions
of an overlay district and those of any underlying district, the more
restrictive provision shall apply except as provided otherwise by
this chapter for the MU Overlay District.
[Amended 6-13-2016 by Ord. No. 1476-2016]
C. Zoning Map. Boundaries of the overlay districts are
defined by the physical conditions of the site. The extent of the
boundaries for each overlay district is described in the applicable
section of this chapter. The TND, HND, SMD, SPD, and FRD Districts
are as shown on the Zoning Overlay Districts Map, Exhibit A, dated
January 11, 2005.
[Amended 4-11-2005 by Ord. No. 1247-2005]
D. District boundary changes.
(1) Any identified boundaries of an overlay district may
be revised or modified by the City Council where studies or information
provided by a qualified agency or person document the need for such
revision. Prior to any such change to the Floodplain Conservation
Overlay District (FC); however, approval must be obtained from the
Federal Insurance Administration.
(2) Should the boundaries of an overlay district be revised
as a result of legislative, administrative actions or judicial decisions,
the zoning requirements applicable to the area in question shall revert
to the expanded provisions, as amended, or revert to the requirements
of the underlying district, if applicable.
E. Interpretation of overlay district boundaries. Initial
interpretation of the boundaries of the overlay districts shall be
made by the Zoning Officer. Should a dispute arise concerning the
boundaries of any of the districts, the Zoning Hearing Board shall
make the necessary determination. The burden of proof shall be on
the appellant.