Adamstown City Zoning Code
ARTICLE IV
Conformance Required
§ 320-12 Application of district regulations.
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.
§ 320-13 Uses not provided for.
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.