If a use is clearly not provided for in this chapter, whether as a permitted use by right, or by conditional use or as a use by special exception within any zoning district within the Township, then the zoning officer(s) may make a determination as to whether the use not specifically provided for is similar to a use permitted by conditional use or similar to a use permitted by special exception. Once this determination is made by the zoning officer, the applicant must satisfy certain conditions at a public hearing before the appropriate board as set forth herein.
A. Similar to a use permitted by special exception. If the zoning officer determines that a use not specifically provided for is similar to another use permitted by special exception under this chapter, then the proposed use may be permitted by special exception if the applicant proves to the satisfaction of the Zoning Hearing Board at a public hearing that the following conditions can and shall be met:
(1) The proposed use would be no more intensive with respect to external impacts and nuisances than uses that are permitted by right or by special exception within the zoning district;
(2) The proposed use would be closely similar in impact and character to uses permitted by right or by special exception within that district, and
(3) The proposed use would meet all of the standards that would apply to the use to which the proposed use is most similar to.
B. Similar to a use permitted as a conditional use. If the zoning officer determines that a use not specifically provided for is similar to another use permitted as a conditional use under this chapter, then the proposed use may be permitted as a conditional use if the applicant proves to the satisfaction of the Board of Supervisors at a public hearing that the following conditions can and shall be met:
(1) The proposed use would be no more intensive with respect to external impacts and nuisances than uses that are permitted by conditional use within the zoning district;
(2) The proposed use would be closely similar in impact and character to uses permitted by conditional use within the zoning district; and
(3) The proposed use would meet all of the standards that would apply to the conditional use to which the proposed use is most similar to.
