Coatesville City Zoning Code
ARTICLE XVII
Nonconformities
§ 224-92 Applicability.
All uses, structures, lots and signs that do not conform to regulations of the district in which they are located but were in lawful existence prior to the effective date of this chapter shall be known and regarded as "nonconforming," and the following regulations shall apply to them.
§ 224-93 Continuation.
Any nonconforming use, building, sign or other structure legally existing at the time of adoption of this chapter or authorized by a building permit issued prior thereto may be continued in accordance with this article.
§ 224-94 Nonconforming uses.
A.
Extension or enlargement. The nonconforming use of a building or of a lot shall not be extended or structurally enlarged so as to use other portions of the building or lot, except insofar as is permitted by law to assure the structural safety of a structure, unless the Zoning Hearing Board shall, by special exception as hereinafter provided, authorize the extension or enlargement of such use or building. The Zoning Hearing Board, upon proper application, may grant such special exception, provided that:
(1)
It is clear that such extension is not materially detrimental to the character of the surrounding area or to the interest of the City.
(2)
The area devoted to the nonconforming use shall not be increased by more than a total of 10%. This increase shall occur only once during the life of a nonconforming use.
(3)
Any extension or enlargement of the building or of a lot having a nonconforming use shall conform to all applicable area and bulk regulations of the district in which it is situated and to all regulations applicable to such a use in the City.
B.
Change of use. A nonconforming use may be changed to another nonconforming use by the grant of a special exception only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be similar to or less detrimental to its neighborhood and abutting properties than is the use it is to replace. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. In evaluating relative detriment, the Zoning Hearing Board shall take into consideration, among other issues:
C.
Restoration. A structure containing a nonconforming use involuntarily destroyed by 75% or less of its value by fire, explosion, flood or other phenomena or legally condemned may be reconstructed and used for the same nonconforming use, provided that:
(1)
Reconstruction of the structure shall commence within one year from the date the structure was destroyed or condemned and shall be completed within one year of the date commenced.
D.
Abandonment. If a nonconforming use of a structure or land is razed, removed or intentionally and voluntarily abandoned for 12 consecutive months, subsequent use of such building or land shall conform with the regulations of the district in which it is located. However, this same or another nonconforming use shall be allowed, provided that the request for the nonconforming use is filed and approved by the Board within the twelve-month period and the permit application for such approved nonconforming use is filed within 30 days after the decision of the Board.
E.
Accessory uses. The provisions of this article relative to continuation and extension of nonconforming uses shall not apply or be applicable to an accessory use.
§ 224-95 Nonconforming structures.
A.
Extension or enlargement.
(1)
Buildings of which a conforming use is made but which are nonconforming in area and bulk by exceeding the allowable lot coverage, setback or height regulations for the district in which they are located may not be enlarged unless the lot size is enlarged to conform to the district regulations.
(2)
Buildings of which a conforming use is made but which are nonconforming in location on a lot may be enlarged or additional buildings may be constructed, subject to the following:
(a)
Additional buildings and enlargement of existing buildings must conform to the distances from lot and setback lines and all design standards from the district.
(b)
The additions and enlargements, together with the existing structures on the lot, shall not exceed lot coverage requirements for the district.
(c)
Such alteration, renovation or enlargement shall not increase any existing nonconformity and shall comply with all area and bulk regulations. In the case of a nonconforming structure which is occupied by a nonconforming use, such alteration, renovation or enlargement shall also meet the requirements of § 224-94A of this article. In the case of a nonconforming structure which is located on a nonconforming lot, such alteration, renovation or enlargement shall also meet the requirements of § 224-96 of this article.
(3)
Single-family residences and accessory structures existing at the time of adoption of this chapter which are nonconforming solely because of coverage and setback requirements shall be considered conforming to requirements of the district in which they are located and other regulations in this chapter, provided that, in the opinion of the Zoning Officer:
B.
Restoration. Any lawful nonconforming building or other structure which has been involuntarily damaged or destroyed by 75% or less of its value by fire, explosion, windstorm or other active cause may be reconstructed in the same location, provided that:
(1)
The reconstructed building or structure shall not exceed the height, area or bulk permitted by Subsection A or the original building, whichever shall be the more limited.
(2)
Reconstruction shall begin within one year from the date of damage or destruction and shall be completed without interruption.
(3)
Any restoration required as a result of flooding shall be in accordance with the provisions of the Floodplain Conservation Overlay District.
§ 224-96 Nonconforming lots.
A.
A use or building may be constructed on a nonconforming lot of record in existence at the effective date of this chapter under the following circumstances:
(1)
The owner does not own or control other adjoining properties sufficient to enable him to comply with the area and bulk requirements for the district.
(2)
A special exception is granted by the Zoning Hearing Board. In addition to other standards governing special exceptions, the Board shall impose the following:
(3)
In any residential district, a single-family dwelling may be constructed on a lot of this character without special exception approval if the conditions of Subsection A(2)(a) above are met and if all the setback, yard and coverage requirements for the district are met; otherwise, the requirements for a special exception as outlined in Subsection A(2) above shall apply.
B.
Single-family dwellings and accessory structures existing at the time of adoption of this chapter which are nonconforming solely because of area or lot width requirements shall be considered conforming.
§ 224-97 Nonconforming signs.
[Amended 5-13-2024 by Ord. No. 1586-2024]
Any existing nonconforming signs, signboards, billboards, or advertising device existing at the time of the adoption of this chapter may be used in its existing location, provided that it is maintained in accordance with the following provisions and all Building Code requirements for structures:
A.
Moving. A nonconforming sign may be moved, provided that moving such a sign would eliminate the nonconformity. A nonconforming sign shall not be moved to a position where such a sign remains nonconforming unless permitted by special exception.
B.
Area. The total area of all such signs relating to a single use at the effective date of this chapter or at the effective date of any amendment of this chapter by which any sign shall be made nonconforming shall not be increased.
C.
Replacement. No such sign shall be physically altered or replaced unless authorized as a special exception by the Zoning Hearing Board. Nonconforming signs, once removed, may be replaced only by conforming signs unless authorized by the Zoning Hearing Board.
D.
Discontinuance. Whenever any nonconforming use of building, structure, or land or of a combination of buildings, structures and land ceases as prescribed in § 224-94D, Abandonment, all signs accessory to such use shall be deemed to become nonconforming and shall be removed within three calendar months from the date such use terminates.