The ordinance codified in this chapter establishes districts and regulations pertaining to the use of land within districts; creates a zoning hearing board for the administration of regulations; and provides means to enforce this chapter.

(Ord. No. 761, § 101; Ord. No. 844 (part))

This chapter shall be known as and may be cited as the Zoning Ordinance of the Borough of Kennett Square, Pennsylvania.

(Ord. No. 761, § 102; Ord. No. 844 (part))

(a)

This chapter is adopted in accordance with:

(1)

The provisions and requirements of the Pennsylvania Municipalities Planning Code, as amended;

(2)

The community development objectives, goals and policies of the Kennett Square comprehensive plan, as amended from time to time;

(3)

An overall program; and

(4)

With consideration for the character of the borough, its various parts and the suitability of the various parts for particular uses and structures.

(b)

In addition to carrying out the objectives, goals and policies of the Kennett Square comprehensive plan, Chester County's Landscapes, the Commonwealth of Pennsylvania's Municipalities Planning Code, and in addition to specific purposes of the individual zoning districts this chapter is designed:

(1)

To provide, 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, the provisions of adequate sun, light and air, police protection, vehicle parking and loading space, transportation, water, sewerage, schools, public grounds, educational and recreational facilities and other public requirements such as proper streets, control of signs and billboards, and to protect property values;

(2)

To prevent one or more of the following: overcrowding of land, blight, pollution, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers. Zoning ordinances shall be made in accordance with an overall planning program, and with consideration for the character of the borough, its various parts and the suitability of the various parts for particular uses and structures;

(3)

To preserve watersheds, conservation areas and to control floodplain areas, considering topography, soil type and classification, and present use;

(4)

To provide sufficient space in appropriate locations for residential development to meet the housing needs of the borough;

(5)

To protect residential areas against hazards created by uses more appropriately conducted in industrial and commercial districts;

(6)

To group residential areas according to the overall comprehensive plan in those areas which can be effectively serviced by those public and private facilities deemed necessary so that they will become stable residential areas;

(7)

To provide sufficient space for appropriate locations for the types of commercial uses deemed desirable to the general welfare of the community;

(8)

To protect commercial areas against intrusive uses which are incompatible with it because of interference with customer patronage;

(9)

To group types of commercial development in areas in which the uses are compatible and will be accessible to necessary public and private facilities to serve their needs;

(10)

To provide sufficient space for the type of industrial uses deemed desirable to the general welfare of the borough;

(11)

To protect industrial development against intrusive uses which are incompatible with it so as to deter future industrial expansion; and

(12)

To group types of industrial development in areas where the infrastructure is adequate and uses are compatible and will be accessible to necessary public and private facilities to serve their needs.

(13)

To encourage the maintenance and management of forested or wooded open space and promote the conduct of forestry as a sound and economically viable use of forested land, including but not limited to timber harvesting;

(14)

To protect prime agricultural land and promote the establishment of agricultural security areas;

(15)

To encourage the continuity, development, and viability of agricultural operations or changes to or expansion of agricultural operation in geographic areas where agriculture has traditionally been present, unless the agricultural operation will have a direct adverse effect on the public health and safety;

(16)

To provide for the conservation, protection, and preservation of natural and historic resources to the greatest extent possible; and

(17)

To provide for the reasonable development of minerals in the borough.

(Ord. No. 761, § 103; Ord. No. 844 (part))

(a)

No building, structure or land shall be used, occupied, erected, moved, enlarged, or structurally altered unless in conformity with the regulations of this chapter.

(b)

Nothing herein shall supersede and preempt those regulations of mineral extraction by local ordinances heretofore by the Act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act," the Act of December 19, 1984 (P.L.1093, No. 219) known as the "Noncoal Surface Mining Conservation and Reclamation Act," and the Act of December 19, 1984 (P.L.1140, No. 223), known as the "Oil and Gas Act," and to the extent that the subsidence impact of coal extraction are regulated by the Act of April 27, 1966 (1st Sp. Press,. P.L.31, No. 1), known as the "Bituminous Mine Subsidence and Land Conservation Act," and that regulation of activities related to commercial agricultural production would exceed the requirements imposed under the act of May 20, 1993 (P.L.12, No. 6), known as the "Nutrient Management Act," regardless of whether any agricultural operation within the area to be affected by the ordinance would be a concentrated animal operation as defined by the "Nutrient Management Act," the Act of June 30, 1981 (P.L. 128, No. 43), known as the "Agricultural Area Security Law," or the Act of June 10, 1982 (P.L. 454, No. 133), entitled "An Act Protecting Agricultural Operations from Nuisance Suits and Ordinances Under Certain Circumstances," or that regulation of other activities are preempted by other federal or state laws may permit, prohibit, regulate, restrict, and determine:

(1)

The location, height, bulk, and size of buildings and other structures;

(2)

The relation of such buildings or structures to roads and highways, their intersections and interchanges, to steep slopes and natural bodies of water, to public buildings and public grounds, to airports and heliports, to historic buildings and places, and to floodplains;

(3)

Areas and dimensions of land and bodies of water to be occupied by uses and structures; the percentage of a lot that may be occupied, the size and use of yards, courts, and other open spaces;

(4)

The density and distribution of population and intensity of use; and

(5)

The uses of land, buildings, and structures for residents, trade, industry, and other purposes.

(Ord. No. 761, § 104; Ord. No. 844 (part))

The provisions of this chapter shall be interpreted as the minimum requirements for the promotion of the health, safety, morals and general welfare. Where this chapter conflicts with any rule, regulation or ordinance, the greater restriction upon the use of buildings or premises, upon the height or bulk of a building or upon requiring larger open spaces shall prevail, regardless of its source.

(Ord. No. 761, § 105; Ord. No. 844 (part))