The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class of uses or structures within each district, except as hereinafter provided:
A.
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, structurally altered, razed, demolished or enlarged except in conformity with all the regulations herein specified for the district in which it is located.
B.
No building or other structure shall hereafter be erected or altered to exceed the height or bulk; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this chapter.
C.
No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space, off-street parking or loading space similarly required for any other building.
D.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
E.
Lot size adjustments. The minimum lot area required in this chapter shall be increased as required to meet DEP requirements for on-lot water supply and sewage disposal. Such determinations will be made by the PA DEP through its sewage module review process.
F.
Interpretation and uses not regulated.
[Added 2-6-2023 by Ord. No. 2023-01]
(1)
Minimum requirements. Where more than one provision of this section controls a particular matter, the provision that is more restrictive upon uses and structures shall apply.
(2)
Uses not specifically regulated. This section addresses by special exception a proposed use which is neither specifically permitted nor specifically denied in any Zoning or Overlay district established under this section.
(a)
Jurisdiction. An application shall be made to the Zoning Hearing Board which shall have the authority to permit the use or deny the use as a special exception.
(b)
Findings. The use may be permitted only if the Zoning Hearing Board makes all of the following findings; and, the burden on proof shall be upon the applicant:
[1]
The use is similar to and compatible with the uses listed for the subject zoning district by the Schedule of Use Regulations.
[2]
The use in no way conflicts with the intent of the zoning district or overlay district and the general purpose and intent of this Zoning Ordinance.
[3]
The use is not permitted in any other zoning district in the Planning Area.
[4]
The use where proposed would be consistent with the Pocono Township Comprehensive Plan.
(3)
Planning Commission. At the time the application is submitted to the Zoning Hearing Board, the Zoning Officer shall also provide a copy to the Township Planning Commission for review and recommendation. The Zoning Hearing Board shall not conduct a public hearing on the application until 30 days have passed from the time the application was referred to the Township Planning Commission.
(4)
Conditions. The Zoning Hearing Board may attach reasonable conditions and safeguards to any special exception approval granted for a use not specified in the Schedule of Uses, incorporating standards in this Zoning Ordinance for similar uses in the district and such other conditions as the Zoning Hearing Board may deem necessary to protect and promote the public health, safety, morals and welfare and to implement the purposes of this Zoning Ordinance and the Pennsylvania Municipalities Planning Code.