The regulations set by this chapter within each district shall
be minimum regulations and shall apply uniformly to each class or
kind of structure or land, 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 or structurally altered 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:
(1)
To exceed the height or bulk;
(2)
To accommodate or house a greater number of families or uses;
(3)
To occupy a greater percentage of lot area;
(4)
To have narrower or smaller rear yards, front yards, side yards or
other open spaces than herein required; or
(5)
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 structure or use for
the purpose of complying with this chapter shall be included as part
of a yard, open space, or off-street parking or loading space similarly
required for any other structure or use.
D.
No yard or lot existing at the time of passage of this chapter shall
be included as part of a yard, open space, or off-street parking or
loading space similarly required for any other structure or use. Yards
or lots created after the effective date of this chapter shall meet
at least the minimum requirements established by this chapter.
A.
When a specific use is neither permitted nor prohibited in the schedule
of district regulations, the Zoning Hearing Board shall make a determination
as to the similarity or compatibility of the use in question to the
permitted uses in the district, basing the decision on the overall
intent stipulated for the district.
B.
If a use is neither specifically permitted 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 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 such permitted uses in the zoning district.
