An ordinance permitting, prohibiting, regulating, restricting, and determining: uses of land, watercourses, and other bodies of water; size, height, bulk, location, erection, construction, repair, maintenance, alteration, raising, removal, and use of buildings, structures, and signs; areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as, areas, courts, yards, and other open spaces and distances to be left unoccupied by uses and structures; density of population and intensity of use; creating zoning districts for said purposes and establishing the boundaries thereof; and providing for the administration, amendment, and enforcement of this chapter in accordance with the provisions of the Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended.

This chapter shall be known and may be cited as the "West Cocalico Township Zoning Ordinance of 2009."

The provisions, regulations, limitations, and restrictions of this chapter shall apply to all structures, buildings, land uses, lots, and signs in the Township. Nothing in this chapter shall require any change in plans or construction of a lawful use for which a building permit has been heretofore issued prior to the effective date of this chapter; provided, however, that construction shall be substantially completed within one year of the effective date of this chapter. If construction is not completed within one year of the effective date of this chapter, a new building permit demonstrating compliance with the provisions of this chapter must be secured from the Zoning Officer.

If a use is neither specifically permitted within any zoning district within the Township, nor prohibited under this chapter, and an application is made by a landowner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board to hear and decide such request as a special exception. The Zoning Hearing Board shall permit the use or deny the use in accordance with the standards for the consideration of special exceptions contained herein. The use may be permitted if it is of the same general character of the enumerated permitted uses in the zoning district, in accordance with the intended purpose of the zoning district, compatible with the permitted uses in the zoning district, and shall comply with all performance standards applicable to such permitted uses. The duty to present evidence and the burden of proof shall be on the applicant to demonstrate that the proposed use is of the same general character in accordance with the intended purpose of the zoning district, compatible with the permitted uses in the zoning district, and shall comply with all performance standards applicable to the objective criteria that most closely resembles that applicable where the use is a permitted use.