No more than one principal use shall be permitted on a lot unless specifically approved as a conditional use by borough council pursuant to section 23-29.

(Ord. No. 761, § 401; Ord. No. 816 (part); Ord. No. 844 (part))

(a)

Street Frontage Required. Every principal building shall be built upon a lot with frontage upon a public or private street or right-of-way improved to meet borough standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to the subdivision and land development ordinance.

(b)

Two or More on a Lot. Except for agricultural buildings, two or more principal buildings on a lot shall:

(1)

Be separated by at least twice the required side yard in that district; and

(2)

Conform to the standards and improvements required for a land development by the subdivision and land development ordinance.

(Ord. No. 761, § 402; Ord. No. 844 (part))

No building shall exceed the maximum building height standard specified in the relevant district regulations of this chapter; except that such standards shall not apply to water towers, solar energy collectors and mechanical installations and any related architectural screening, elevator overruns, skylights, utility penthouses, or such other appurtenances usually required to be placed above the roof level and not intended for human occupancy, provided that such excluded appurtenant structures shall not exceed one third percent of the total roof area. Church spires, belfries, clock towers and like portions of a building not intended for use or occupancy in connection with the primary and usual use of the building or if for decorative or design purposes shall not be subject to the building height standards, but shall not exceed fifty percent of the building height standards, unless otherwise permitted as a special exception in accordance with the provisions of this chapter.

(Ord. No. 761, § 403; Ord. No. 778, § 5; Ord. No. 844 (part))

(A) In General.

(1)

The lot, yard, parking and other requirements for any new building or use shall not include any part of a lot, yard or parking area that is required by any other building or use to comply with the requirements of this chapter. However, a common parking lot for joint uses shall be permitted in accordance with the provisions of section 23-66(g) of this chapter.

(2)

No required lot area or yard shall include any property (the ownership of which has been transferred subsequent to the effective date of the ordinance codified in this chapter), if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

(b)

Exceptions to Minimum Lot Areas, Lot Widths and Yards.

(1)

Nonconforming Lots. See section 23-37 of this chapter.

(2)

Irregularly Shaped Lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the rear line of the minimum required front yard, provided that in no case shall the lot frontage measured at the street right-of-way line be less than seventy percent of the minimum lot width.

(3)

Through Lots. Front yards shall be provided along all portions of a through lot abutting any street, except where a provision of a different yard will comply with the prevailing front yards of adjoining lots.

(4)

Fences, Walls, Accessory Buildings and Structures, Patios, Terraces and Open Porches.

(5)

Architectural Projections. Chimneys, leaders, cornices, eaves, gutters and bay windows, and the like, may extend not more than eighteen inches into any required yard.

(c)

Traffic Visibility Across Corners (Clear Sight Triangle).

(1)

Clear sight triangles shall be provided at all public street intersections, and shall comply with the standards below, and as outlined in Chapter 18, Subdivisions of this Code.

(A)

Such triangles shall be established for a distance of ten feet at each side of the point of intersection of the centerline of the driveway with the cartway lines.

(B)

Where an intersection is controlled by a stop sign or traffic signal, the sight triangle shall be measured from a point in the center of the controlled or lesser street twenty-five feet back from the curb line of the uncontrolled or through street to the distance required above.

(C)

Parking shall be prohibited within the clear sight triangle area.

(d)

Buffer Yards. Any nonresidential use and open space uses except as otherwise required, which border any R-1 or R-2 district, shall provide buffer yards which comply with the standards of section 18-27 of Chapter 18, Subdivisions. These buffer yards are also required in the R-3 district, when proposed multi-family dwellings will be located adjacent to existing single-family detached dwellings in the R-1 or R-2 district. All buffer yards shall comply with those requirements outlined in section 18-27 of this Code.

(Ord. No. 761, § 404; Ord. No. 844 (part))

(a)

Purpose. Minimum future right-of-way widths are established for roads where the existing right-of-way is less than that indicated in subsection (c) of this section for the particular class of road.

(b)

Measurement.

(1)

The future right-of-way shall be measured from the centerline of the existing road.

(2)

All front yards and other appropriate yards shall be measured from the future right-of-way line.

(3)

The specific classification of each road is shown on the borough's official street classification map.

(c)

Minimum Widths. Minimum future rights-of-way shall be established in accordance with the requirements of the borough's subdivision and land development ordinance.

(d)

Additional future right-of-way and cartway widths may be required by borough council for the following purposes:

(1)

To promote public safety and convenience;

(2)

To provide parking space in commercial districts and in areas of high-density residential development.

(e)

Short extension of existing streets with lesser right-of-way widths than prescribed by subsection (c) of this section may be permitted; provided, however, that no section of new right-of-way less than forty feet in width shall be permitted.

(f)

Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way width in conformance with the above standards shall be required.

(g)

The applicant is required to dedicate, or include an offer of future dedication of the street right-of-way to the borough or the Pennsylvania Department of Transportation.

(h)

An establishment of a future right-of-way may be waived or reduced by special exception if the applicant proves to the satisfaction of the zoning hearing board that such right-of-way will not serve any valid public purpose or that the proposed use or structure will not create any additional need for such right-of-way.

(Ord. No. 761, § 405)

In order to encourage the sound development of frontage along arterial and collector streets (as defined in the Kennett Square comprehensive plan) and to minimize traffic congestion and hazard, the following special provisions shall apply:

(a)

Off-Street Parking and Loading. All areas for off-street parking, off-street loading and unloading, and the storage or movement of motor vehicles shall be physically separated from the highway or street by a raised curb, planting strip, wall, or other suitable barrier against unchanneled motor vehicle entrance or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading or storage area. All parking areas or lots shall be designed to prohibit vehicles from backing out on the street, and the capacity of each lot shall provide adequate storage area and distribution facilities upon the lot to prevent back-up of vehicles on a public street while awaiting entry to the lot.

(b)

Access. Each use with less than one hundred feet of frontage on an arterial or collector street shall have not more than one accessway to each such street, and no business or other use with one hundred feet or more of frontage on an arterial or collector street shall have more than two accessways to any one street for each three hundred feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway in order to avoid direct access to an arterial or collector street.

(c)

Street Intersections. Any new street intersection shall be compatible with existing street patterns in the area.

(d)

Planned Developments. In the case of a planned development, shopping center, office complex, group of multiple family dwellings, or similar grouping of principal buildings on a lot, and in any other case where practicable:

(1)

Each principal building shall front upon a marginal access street, service road, common parking lot, or similar area and not directly upon a public street.

(2)

Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the unified development, without undue congestion to, or interference with normal traffic flow within the borough.

(3)

All streets and accessways shall conform to the specifications determined by the borough engineer and the requirements of the borough subdivision and land development ordinance. Provision shall be made for adequate signalization, turn, standby and deceleration lanes, and similar facilities where deemed necessary by the borough engineer.

(4)

All driveways, aisles, maneuvering spaces, vehicular service areas or spaces between or about, buildings, other than those related to a dwelling shall be adequately illuminated during night hours of use at no cost to the borough.

(e)

Reverse Frontage Encouraged. Direct vehicular access from individual lots abutting arterial or collector streets shall be strongly discouraged and reverse frontage shall be encouraged.

(Ord. No. 761, § 406)

(a)

Registration of Nonconforming Uses and Structures. Upon adoption of this the ordinance codified in this chapter, the borough zoning officer may identify nonconforming uses and structures.

(b)

Continuation. Any nonconforming use, structure, or lot may be continued, maintained, improved, and repaired, provided it conforms to the remainder of this section.

(c)

Alteration or Extension.

(1)

Nonconforming Structure.

(A)

A nonconforming structure may be altered, reconstructed, or enlarged provided that such alteration, reconstruction or enlargement does not increase the nonconformance or the nonconforming part of the structure. No structure shall be enlarged in such a way as to increase a nonconformity of the structure unless a variance is granted by the zoning hearing board.

(B)

In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of subsection (c)(3) of this section.

(2)

Nonconforming Lot.

(A)

Nonresidential Lots. A building may be constructed and expanded on a nonconforming, nonresidential lot provided the yard and lot coverage requirements of this chapter are met and all DER requirements are met.

(B)

Residential Lots. A building may be constructed and expanded on a nonconforming, residential lot provided the minimum yard and maximum lot coverage requirements listed for the particular district are complied with.

(C)

Exceptions. When a lot of record existing at the effective date of the ordinance codified in this chapter cannot meet the yard and maximum lot coverage requirement of the particular district, a variance may be requested from the zoning hearing board. Where two adjacent lots of record with less than the required area and width are held by one owner, the request for a zoning permit shall be referred to the zoning hearing board, which may require that the two lots be combined and used for one principal building. Where three or more adjacent lots of record with less than the required area and width are held by one owner, the zoning hearing board may require replatting to fewer lots which would comply with the minimum requirements of this chapter. When making these decisions relating to this section, the zoning hearing board shall consider among other factors the existing character of the area.

(3)

Nonconforming Use. As a special exception use, a nonconforming use may be enlarged by a maximum of fifty percent of the gross floor area beyond what existed at the time of the use becoming nonconforming, provided all required setbacks are met. A nonconforming use shall not be demolished and reconstructed except as provided for in subsection (d), Restoration, of this section.

(d)

Restoration. A nonconforming building or any building containing a nonconforming use destroyed by fire, explosion, flood or other phenomenon may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one year from the date the building was destroyed or condemned. An application must be made for a building permit to rebuild.

(e)

Ownership. Whenever a nonconforming use, structure, or lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner, provided that the new owner shall register the nonconforming use with the zoning officer within sixty days after final settlement.

(f)

Abandonment.

(1)

If a nonconforming use of a building or land is discontinued, razed, removed, or abandoned for three hundred sixty-five consecutive days, subsequent use of such building or land shall conform with the regulations of the district in which it is located.

(2)

The act of abandonment and the intent to abandon shall be presumed to commence on the date when customary efforts to continue the use (operation, lease, sale, permit application, etc.) cease.

(g)

Changes.

(1)

Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

(2)

A nonconforming use may be changed to another nonconforming use only if permitted as a special exception by the zoning hearing board after the following conditions are met:

(A)

The applicant shall show that the nonconforming use cannot reasonably be changed to a conforming use.

(B)

The applicant shall show that the proposed change will be equally or less objectionable in external effects than the existing nonconforming use with regard to:

(i)

Traffic generation and congestion (including truck, passenger car, bicycle and pedestrian traffic),

(ii)

Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration,

(iii)

Storage and waste disposal, and

(iv)

Appearance.

(h)

District Changes. When boundaries of a district are changed so as to transfer an area from one district to another district, any resulting nonconforming use shall be subject to the provisions of subsection (g) of this section.

(Ord. No. 761, § 407)

A temporary permit may be issued by the zoning officer for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:

(a)

The life of such permit may be renewed by borough council annually for a period of not more than five years.

(b)

Such structure or use shall be removed completely upon expiration of the permit without cost to the borough.

(Ord. No. 761, § 408; Ord. No. 844 (part))

(a)

Scope. Before a zoning permit is issued for any special exception or conditional use, the site plan review procedures of this section shall be followed in order to more effectively administer, enforce, and implement the purposes, intent, and requirements of this chapter.

(b)

Requirements of Chapter 18, Subdivisions of this Municipal Code shall be followed for all application procedures.

(1)

Site plan approval shall not relieve the applicant from any other provisions of this chapter nor constitute a recommendation for a variance or other relief that the applicant may seek from the zoning hearing board or borough council.

(2)

If conditional uses are involved:

(A)

The zoning officer shall forward one copy of the site plan to the planning commission within seven days of the date of official plan submission. The zoning officer shall retain one copy of the site plan for review.

(B)

The planning commission shall make a written recommendation to the zoning officer within sixty days of the date the plan was submitted on whether the site plan indicates that a zoning permit should be granted or denied.

(C)

The written recommendation shall include the underlying findings and reasons affecting the recommendation.

(D)

Failure to make a written recommendation within such sixty days shall be considered a recommendation to issue such zoning permit.

(Ord. No. 761, § 409; Ord. No. 844 (part))

All storage shall be completely screened from view from any public right-of-way and any residential district which abuts the district. All organic rubbish or storage shall be contained in closed, vermin-proof containers which shall also be screened from view from any public right-of-way or abutting residential district. The storage of tractor trailers which supply or service establishments in the district shall be prohibited unless screened from view.

(Ord. No. 761, § 410)

Any part or portion of a site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all season groundcover and shall be landscaped according to an overall plan. For all developments that go through the subdivision and land development process, a plan shall be prepared by a landscape architect licensed in the Commonwealth of Pennsylvania.

(Ord. No. 761, § 411; Ord. No. 844 (part))

All accessways to any street shall be located at least thirty-five feet from the intersection of any street lines and shall be designed in a manner conducive to safe ingress and egress. Where possible, exits shall be located on minor rather than major streets or highways. The developer shall be responsible for the construction of any necessary traffic control devices or additional acceleration lanes required by the Department of Transportation in the case of egress to major thoroughfares.

(Ord. No. 761, § 412)

(a)

Design Standards for Townhouses.

(1)

Area and Bulk Regulations. All area and bulk regulations of the prevailing zoning district shall apply except for the following:

(A)

The maximum impervious surface coverage shall be sixty percent.

(B)

The minimum lot width at the building setback line shall be sixteen feet and the building setback line shall not be less than twenty feet.

(2)

Design Standards for Townhouses. Townhouses shall also comply with the following design standards:

(A)

Each dwelling unit shall include a one hundred seventy-five square feet minimum outdoor private area(s) for the exclusive use of residents of that dwelling. This area shall be adjacent to and be accessible from the dwelling. This shall include a grassed and/or landscaped area, patio, porch, deck, rooftop deck, atrium and/or balcony. A roofed area that is enclosed by screening, glass and/or plexiglass which forms a "sunroom" may count toward one-half of the required private area.

(Ord. No. 761, § 413; Ord. No. 844 (part))

(a)

Common Maintenance.

(1)

A formal, binding homeowner association shall be responsible for any commonly owned and/or maintained improvements or lands, such as common open space, parking areas, recreation facilities, sidewalks, streets, alleys, utilities, stormwater control facilities and other similar improvements. This homeowner association shall be established and subject to the provisions of: (A) Section 705(f) of the State Municipalities Planning Code, and (B) Title 68 Real and Personal Property Act, Part II Real Property, Subpart B, Condominiums, as amended by Senate Bill 65, 1979.

(2)

Any such condominium or homeowner association agreement shall be provided to the borough solicitor for his or her review a minimum of thirty days before the final plan is recorded. If within those thirty days the borough solicitor determines in writing that such document is not in legally acceptable form with regard to concerns of the borough, the plan shall not be recorded until acceptable revisions are made.

(b)

Parking. Off-street parking, required by article VII of this chapter, may be provided through private or commonly owned and maintained areas.

(Ord. No. 761, § 414)

Historic structures are regulated in accordance with chapter 25, Historic District, of the Kennett Square Borough Code.

(Ord. No. 926, § 10, 2-1-2016)

Editor's note— Ord. No. 926, § 10, adopted Feb. 1, 2016, amended § 23-45 in its entirety to read as herein set out. Former § 23-45 pertained to historic buildings, and derived from Ord. No. 761, § 415.