MapLink™ | Procedures | Uses Not Provided For or Uses Prohibited

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Uses Not Provided For or Uses Prohibited
A. Whenever, under this chapter, any use other than those explicitly prohibited or those which are deemed to be noxious, injurious or offensive, is neither specifically permitted nor denied, and an application is made by an applicant to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board (ZHB) to hear and decide such request as a special exception as per the procedures set forth in Article 9: Administration and Enforcement of this chapter.

B. Noxious, injurious, or offensive uses, occupations, trades, processes, or buildings. Any use considered dangerous, noxious or injurious to the health or safety of residents of adjoining lots or to Township residents in general is hereby prohibited.

C. The ZHB shall have the authority to permit or deny a use not provided for or a prohibited use in accordance with the standards governing special exception applications and the following standards.
(1) The use may be permitted if it is similar to and compatible with the permitted uses in the zone in which the subject property is located; it is not permitted in any other zone under the terms of this chapter; and it in no way is in conflict with the general purposes and intent of this chapter.
(2) The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and would not be detrimental to the public health, safety, morals and welfare of the neighborhood.