Conemaugh Township Cambria County Johnstown, Pennsylvania ZONING ORDINANCE

ARTICLE IV GENERAL PROVISIONS

SECTION 401 CONFORMANCE AND PERMITS
No building, structure, use or land shall, after effective date of this ordinance, except for existing non-conforming uses, be used or occupied and no building or part thereof shall be erected, moved, or altered unless in conformity with the regulations herein specified for the district in which it is located, and then only after applying for and securing all permits (sewerage enforcement, building, occupancy, etc.) and licenses required by all laws and ordinances.

SECTION 402 CONSTRUCTION OR ALTERATION
No building or use shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, a structure of greater size, excavation of greater aerial extent to occupy a greater percentage of lot area, or to have a narrower or smaller rear yard, side yard, or front yard than is herein specified for the district in which the building is located.

SECTION 403 YARDS
No part of a yard or other open space about any building required for the purpose of complying with the provisions of this ordinance shall be included as a part of a yard or open space similarly required for another building.

SECTION 404 SUBSTANDARD DWELLINGS
No structure shall be used or occupied as a dwelling if such structure is in need of such major structural repairs as to render it unsafe or un-sanitary, or if the premises do not have connection with the municipal sewer system or alternative sanitary sewage facilities approved by the local public health authorities jurisdiction.

• A. Items which may be considered to render a structure unsafe or un-sanitary shall include, but not be limited to:
  • (1) Lack of water supply or storage capabilities where the property is inhabited by persons or animals.
  • (2) Lack of heating arrangements where the property is to be used for human habitation during winter months except for hunting camps.
  • (3) Lack of adequate properly functioning sewage facilities on a property intended for human habitation.
  • (4) Lack of structural or shell integrity, i.e. holes in walls, roof, windows missing.
  • (5) Is otherwise substantially out of conformance with provisions of this ordinance.
• B. Upon identification of such situation by the Zoning Officer notice shall be given as provided for in Section 1806. If arrangements for compliance are not made within 30 days or compliance completed within 90 days unless a greater time period is provided for else where, the Township Supervisors may demolish the structures and or regrade the property to approximate original contour and assess the costs of demolition against the property as a municipal lien.

SECTION 405 USES REQUIRING SITE PLAN AND/OR SITE PLAN APPROVAL
The Conemaugh Township Planning Commission shall review and approve site plans for all conditional uses, and for all construction having gross cost including excavation of over $100,000.00

• A. All Uses of Property for One Family Dwellings or Agricultural Buildings:
  The application for a building permit shall be accompanied by a site plan at an appropriate scale to indicate the following:
  • The size and shape of the property including property line dimensions, corners, easements, right-of-ways, and names of adjacent property owners.
  • The size, shape, height, area, and location of all principal and accessory buildings. Dimensions from all buildings to adjacent property lines shall be indicated.
  • Site plans for single family residences may be approved by the Zoning Officer where they demonstrate compliance with all provisions of the Zoning Ordinance.
• B. Use, Location and Description of Mandated Storm Water Management Devices of Property Other Than One and Two Family Dwellings:
  • In addition to the above requirements, uses of all property other than one family dwellings in A, A/R-1, A/R-2, R-3, and C Districts, and uses appurtenant thereto or barns, stables and equipment sheds in agricultural districts, shall, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this ordinance, be in accordance with a site plan approved by the Planning Commission. In addition, all public or semi-public buildings, all Community Unit Plans, and special exceptions shall be in accordance with a site plan approved by the Planning Commission (and Zoning Hearing Board, as is necessary in cases where variances or special exceptions are sought). The site plan shall show in addition to any specific requirements set forth in the district regulations herein, the following:
    • The location of principal and accessory buildings.
    • Traffic circulation features within and without the site.
    • The location of vehicular access onto the site.
    • Utilities: water, electric (show voltage), sewage, gas and phone. (Location and approximate depth of wells within 1,000 feet.)
    • The height and bulk of structures.
    • The provision of off-street parking and loading facilities.
    • The provision for open space.
    • Drainage Structures: culverts, catch basins, inlets, ditches, drain tile, and storm water management devices.
    • The landscaping, paving, lighting, fencing, walls and signs on the site.
    • Streams, wetland delineation, springs and watercourses.
    • Floor Plans: provide floor plans for all structures to be developed as part of this project.
    In considering any plan hereunder, the Planning Commission will endeavor to assure safety and convenience of traffic movement, harmonious and beneficial relationship of buildings and uses on the site as well as to contiguous properties use of landscape plantings to buffer or shield adjacent properties and overall development in a manner not detrimental to the public at large, before giving a recommendation to the Zoning Hearing Board.

SECTION 406 PUBLIC UTILITY LINES
An easement for the transportation, distribution, and control of water, gas, electricity, oil, steam, telegraph, cable T.V., and telephone required to be located on a lot shall not be held to reduce yard dimension for other buildings on a lot. The boundaries of utility easements for transmission across the area and not including local service shall be considered property lines for purposes of determining set back requirements.

SECTION 407 LOTS OF RECORD NOT MEETING LOT AREA REQUIREMENTS
A one-family dwelling may be erected upon a lot on an approved plan of record which lot has insufficient area and dimensions to meet the lot area and set back requirements, provided said lot, on the effective date of this ordinance, was held under separate ownership from adjoining lots and is presently held under separate ownership from the adjoining lots, under the following regulations:

• The side yard set back line shall be reduced from 25 feet at the rate of ½ foot for each foot of width said lot is less than 80 feet in width, to a minimum internal set back line of 5 feet on any lot and a minimum side yard set back line of 10 feet abutting a street.

SECTION 408 FENCES AND ENCLOSURE WALLS

• A. A fence or wall may be built to a height of 8 feet along or within the property line, provided said fence or wall does not obstruct the field of vision for vehicular street traffic. Such use shall require issuance of a building permit.
• B. Decorative fences not exceeding a height of 4 feet, and retaining walls shall be excluded from the foregoing requirements and shall not require the issuance of a building permit.
• C. Fences under 6 foot in height for the purpose of enclosing live stock shall not require a permit.
• D. Electric Fences: Shall be permitted in only utilizing D.C. voltage with an intermittent pulse from an underwriters approved charges. Such fences shall require a building permit and $1.00 fee.

SECTION 409 RESTRICTIONS GOVERNING AREAS NEAR STREAMS OR WETLANDS

• A. General Provision for Streams.
  No person shall construct or enlarge any building or structure excavation or impermeable surface within 150 feet of a stream or 150 feet of a wetland boundary. Existing buildings or structures within the 150 foot limit shall be governed by provisions of Article XVII.

SECTION 410 MINIMUM STANDARDS RESPECTING ANY USE
Activities listed below shall constitute nuisances which shall be prohibited in conjunction with any land use in the Township unless a variance is granted by the Zoning Hearing Board with conditions which will minimize impact of the activity which is an unavoidable result of an otherwise legitimate activity. Such activities, where found to exist, shall constitute a violation of the ordinance enforceable through procedures set forth in Articles 18 and 19.

• A. Activities proscribed.
  • 1. Discharge of pollutants to waters of the Township beyond limitations prescribed for by 25 Pa. Code, Chapter 93. For purposes of this provision waters of the Township shall include wetlands, ground water tables, streams, rivers and drainageways.
  • 2. Creation of sound in excess of 99 decibels between dawn and dusk and 70 decibels between dusk and dawn as measured by Type 1 sound level meter using slow response C-weighed network and meet ANS1-S1.4-1971, requirements which are incorporated by reference herein.
  • 3. Discharge smoke, fumes or particulates into the air in a manner in which the substances come into contact, from any cause, with any neighboring or other property within the Township in a manner which would seriously inconvenience or annoy any Township resident..
  • 4. Allow to exist on their property conditions which cause, or permit accelerated erosion or sedimentation including, but not limited to violations of §1419 and §1418.
  • 5. Allow rubbish, junk, (except in the case of a state licensed inspection garage, or automobile dealer), or solid waste (as defined in its broadest terms under state law) to accumulate upon the property except as permitted in §904 and §905.
  • 6. To allow weeds or plants to remain unmowed at a height above 12 inches within 250 feet of a residential dwelling except with respect to an active agricultural hay or crop production operation or in an area of woods or 75 feet from a stream bank.
  • 7. Blasting or excavation activities whether permitted or not which cause damage off of the affected property.

SECTION 411 SMOKE ALARMS
All structures hereinafter erected, and all structures which are occupied or continue to be occupied by any person within the Township shall be equipped with, at least, one operable smoke alarm.

SECTION 412 FOUNDATIONS
All buildings with the exception of structures on steep slopes, L.S. areas, pole buildings, where permitted, and small prefabricated sheds shall have permanent masonry foundation and a 3 feet deep (below surface grade).

SECTION 413 SET BACKS FOR STRUCTURES IN BUILT UP AREAS
Set backs for the construction of buildings only may be altered by a special exception granted by the Zoning Hearing Board as to the distance from a road where the Zoning Hearing Board finds that:

• (a) A majority of structures within 1000 feet of the proposed construction are not in conformance with building setback requirements; and
• (b) That adequate parking, visibility, and open space will exist with the exception.

Zoning Ordinance Table of Contents

Conemaugh Township can be contacted at:
Conemaugh Township Supervisors
104 Janie St.
Johnstown PA 15902
phone: 814-535-6924
Conemaugh Township, Cambria County Home Page

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