(A) Minimum requirements. Where more than one provision of this chapter controls a particular matter, the provision that is more restrictive upon uses and structures shall apply. The provisions of this chapter are in addition to any other applicable borough ordinance.
(B) Uses not specifically regulated. If a use clearly is not permitted by right, or as a special exception use by this chapter withing any zoning district, the use is permitted, except that the Zoning Hearing Board may permit such use as a special exception use if the applicant specifically proves to the clear satisfaction of the Zoning Hearing Board that all of the following conditions would be met:
(1) The proposed use would be equal or less intensive in external impacts and nuisances than uses that are permitted in the district;
(2) The proposed use would be closely similar in character to uses permitted in that district, considering the same standards as are listed in § 154.144(F)(2);
(3) The use would meet the standards that would apply under § 154.016(C) to a special exception use; and
(4) The use is not specifically prohibited in that district.
(C) Interpretation of ordinance text and boundaries.
(1) The Zoning Officer shall literally apply the wording of this chapter and the location of all district boundaries to particular applications. In any case, the Zoning Officer may also request an advisory opinion from the Borough Solicitor or the Zoning Hearing Board Solicitor to aid in the Zoning Officer’s determination.
(2) If an applicant disagrees with the Zoning Officer’s determination and believes that this chapter should be interpreted in the applicant’s favor, the applicant may appeal to the Zoning Hearing Board. See § 154.011.
(D) Undefined terms/interpretation of definitions. See § 154.030.
(E) Interpretation of zoning boundaries. See § 154.048.
(2006 Code, § 27-105) (Ord. 12/18/2003, passed 12-18-2003, § 105)