Kenhorst City Zoning Code
ARTICLE I
General Provisions
§ 475-1 Title.
This is a chapter establishing regulations, specifications and restrictions for the uses of land, watercourses and other bodies of water; the size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use structures; the areas and dimensions of land and bodies of water to be occupied by uses and structures, including areas, courts, yards and other open spaces, and distances to be left unoccupied by uses and structures; and the density of population and intensity of land uses in the Borough of Kenhorst, Berks County, Pennsylvania, and for said purposes, dividing the Borough into districts and prescribing certain uniform regulations for each such district and providing for the administrative enforcement and amendment provisions in accordance with the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 475-2 Short title.
This chapter shall be known as and may be cited as the "Kenhorst Borough Zoning Ordinance of 2012, as amended."
§ 475-3 Purpose.
This chapter has been adopted in accordance with the requirements of Act 247 (Pennsylvania Municipalities Planning Code), as amended,[1] with the goals, objectives and policies established in the Kenhorst Borough Comprehensive Plan and with consideration for the character of the Borough and its capacity to accommodate growth and development. In addition to implementing the Kenhorst Borough Comprehensive Plan, the purpose of this chapter is designed to:
A.
Promote, protect and facilitate one or more of the following: the public health, safety, morals, general welfare, coordinated and practical community development, proper density of population, civil defense, disaster evacuation, airports and national defense facilities, the provisions of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewage, schools, public grounds and other public requirements as well.
B.
Prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
C.
Identify, protect and preserve the physical and environmental amenities within the Borough.
D.
Encourage aesthetic and innovative residential growth within the Borough that will meet the needs of existing and future residents.
E.
Encourage commercial development that is adequate to meet the Borough's needs for employment, goods and services.
F.
Ensure through planning that public facilities and controls are adequate to accommodate future growth.
G.
Provide for a system of open space through the preservation of floodplains, wooded areas and wetlands, providing areas for passive and active recreation.
H.
Promote, encourage and practice energy conservation within the Borough.
I.
Provide and establish a transportation network that safely and efficiently circulates people and goods throughout and within the Borough.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
§ 475-4 Application.
Except as hereinafter provided, no building, structure, land or parts thereof in Kenhorst Borough shall be used or occupied, erected, constructed, assembled, moved, enlarged, reconstructed or structurally altered, unless in conformity with the provisions of this chapter.
§ 475-5 Exemptions.
A.
This chapter shall not apply to any existing or proposed buildings, or extension thereof, used or to be used by a public utility corporation or communication corporation if, upon petition of the corporation, the Pennsylvania Public Utility Commission or Federal Communication Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
B.
It shall be the responsibility of the Pennsylvania Public Utility Commission or Federal Communication Commission to ensure that both the corporation and the Borough have notice of the public hearing and are granted an opportunity to appear, present witnesses, cross-examine witnesses presented by other parties and otherwise exercise the rights of a party to the proceedings.
C.
The Kenhorst Borough Planning Commission and Council shall have right to require that a land development plan be prepared by and submitted by the representatives of the Pennsylvania Public Utility Commission or Federal Communication Commission. The land development plan shall be prepared to meet goals, objectives and policies identified in the Kenhorst Borough Comprehensive Plan and this chapter, and with the requirements specified in Chapter 410, Subdivision and Land Development.
§ 475-6 Interpretation.
A.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the public health and safety and the general welfare of the residents and occupants of the Borough.
B.
Where the provisions of this chapter impose greater restrictions than those of any other Borough statute, ordinance or regulation, the provisions of this chapter shall be complied with.
C.
Where the provisions of any other Borough statute, ordinance or regulations impose greater restrictions than this chapter, the provisions of such other Borough statute, ordinance or regulation shall be complied with, unless otherwise stated in this chapter.
§ 475-7 Community development objectives.
This chapter attempts to emulate through its regulations, the goals and objectives of the Kenhorst Borough Comprehensive Plan. These regulations have been established with considerations to the Borough's physical characteristics, population trends, housing characteristics, existing land use characteristics, community facilities and services and existing transportation characteristics. The regulations established in this chapter reflect and portray the goals, objectives and policies of the functional components of the adopted Comprehensive Plan.