Section 10603 - Ordinance provisions(a) Zoning ordinances should reflect the policy goals of the statement of community development objectives required in section 606, and give consideration to the character of the municipality, the needs of the citizens and the suitabilities and special nature of particular parts of the municipality.(b) Zoning ordinances, except to the extent that those regulations of mineral extraction by local ordinances and enactments have heretofore been superseded and preempted by the act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act," the act of December 19, 1984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 impacts of coal extraction are regulated by the act of April 27, 1966 (1st Sp.Sess., 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) Uses of land, watercourses and other bodies of water.(2) Size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures.(3) 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.(4) Density of population and intensity of use.(5) Protection and preservation of natural and historic resources and prime agricultural land and activities.(c) Zoning ordinances may contain: (1) provisions for special exceptions and variances administered by the zoning hearing board, which provisions shall be in accordance with this act;(2) provisions for conditional uses to be allowed or denied by the governing body after recommendations by the planning agency and hearing, pursuant to express standards and criteria set forth in the zoning ordinance. Notice of hearings on conditional uses shall be provided in accordance with section 908(1), and notice of the decision shall be provided in accordance with section 908(10). In allowing a conditional use, the governing body may attach such reasonable conditions and safeguards, other than those related to off-site transportation or road improvements, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of this act and the zoning ordinance;(2.1) Deleted by 2000, June 23, P.L. 495, No. 68, § 15, effective in 60 days.(2.2) provisions for regulating transferable development rights, on a voluntary basis, including provisions for the protection of persons acquiring the same, in accordance with express standards and criteria set forth in the ordinance and section 619.1;(3) provisions for the administration and enforcement of such ordinances;(4) such other provisions as may be necessary to implement the purposes of this act;(5) provisions to encourage innovation and to promote flexibility, economy and ingenuity in development, including subdivisions and land developments as defined in this act;(6) provisions authorizing increases in the permissible density of population or intensity of a particular use based upon expressed standards and criteria set forth in the zoning ordinance; and(7) provisions to promote and preserve prime agricultural land, environmentally sensitive areas and areas of historic significance.(d) Zoning ordinances may include provisions regulating the siting, density and design of residential, commercial, industrial and other developments in order to assure the availability of reliable, safe and adequate water supplies to support the intended land uses within the capacity of available water resources.(e) Zoning ordinances may not unduly restrict the display of religious symbols on property being used for religious purposes.(f) Zoning ordinances may not unreasonably restrict forestry activities. To encourage 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 throughout this Commonwealth, forestry activities, including, but not limited to, timber harvesting, shall be a permitted use by right in all zoning districts in every municipality.(g)(1) Zoning ordinances shall protect prime agricultural land and may promote the establishment of agricultural security areas.(2) Zoning ordinances shall provide for protection of natural and historic features and resources.(h) Zoning ordinances shall encourage the continuity, development and viability of agricultural operations. Zoning ordinances may not restrict agricultural operations or changes to or expansions of agricultural operations 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. Nothing in this subsection shall require a municipality to adopt a zoning ordinance that violates or exceeds the provisions of the act of May 20, 1993 (P.L. 12, No. 6), known as 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."(i) Zoning ordinances shall provide for the reasonable development of minerals in each municipality.(j) Zoning ordinances adopted by municipalities shall be generally consistent with the municipal or multimunicipal comprehensive plan or, where none exists, with the municipal statement of community development objectives and the county comprehensive plan. If a municipality amends its zoning ordinance in a manner not generally consistent with its comprehensive plan, it shall concurrently amend its comprehensive plan in accordance with Article III.(k) A municipality may amend its comprehensive plan at any time, provided that the comprehensive plan remains generally consistent with the county comprehensive plan and compatible with the comprehensive plans of abutting municipalities.(l) Zoning ordinances shall permit no-impact home-based businesses in all residential zones of the municipality as a use permitted by right, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land nor any master deed, bylaw or other document applicable to a common interest ownership community.1968, July 31, P.L. 805, No. 247, art. VI, § 603. Amended 1978, Oct. 5, P.L. 1067, No. 249, § 1, imd. effective; 1982, June 9, P.L. 441, No. 130, § 3, effective in 60 days. Reenacted and amended 1988, Dec. 21, P.L. 1329, No. 170, § 47, effective in 60 days. Amended 1992, Dec. 14, P.L. 815, No. 131, § 3, imd. effective; 2000, June 23, P.L. 495, No. 68, § 15, effective in 60 days; 2002, May 9, P.L. 305, No. 43, § 3, effective Dec. 1, 2002; 2008, July 4, P.L. 319, No. 39, § 2, imd. effective.