Conemaugh Township Cambria County Johnstown, Pennsylvania ZONING ORDINANCE ARTICLE 17

ARTICLE XVII
NONCONFORMING USES AND BUILDINGS

SECTION 1701 CONTINUANCE

The lawful use of a building or structures existing at the time of the effective date of this ordinance may be continued, although such use does not conform to the provisions hereof. If no structural alterations or additions are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted one. Whenever the use of a building becomes nonconforming through a change in the zoning ordinance or district boundaries, such use may be continued and if no structural alterations are made, it may be changed to another nonconforming use of the same or of a more restricted classification.

SECTION 1702 DISCONTINUANCE OF USE

Whenever a nonconforming use of a property, building, sign or part thereof has been discontinued for a period of twelve (12) consecutive months, said nonconformance use shall be presumed to be abandoned and the use of the premises thereafter shall be in conformance with the regulations of the district.

A property may be continued as a nonconforming use beyond the 12 month period if it is properly registered with the Township Zoning Officer and a form for extension completed and fee paid. This extension of time shall not exceed an additional 12 months.

SECTION 1703 ALTERATIONS

On any nonconforming building or structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls and fixtures, provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuild except in conformity with the regulations of the district in which it is located.

SECTION 1704 PROVISIONS FOR RECONSTRUCTION

Any building, or structure containing a nonconforming use which is damaged by fire, flood, wind, or other act of God or man to the extent of seventyfive (75) percent of more of its fair market value immediately prior to damage shall not be repaired or reconstructed except in a manner which will not be detrimental to the character of the neighborhood. In the event that the Zoning Officer's estimate of the extent of damage of fair market value is not acceptable to the applicant for the building permit to repair or reconstruct such building or structure, the applicant may appeal to the Zoning Hearing Board.

SECTION 1705 REGISTRATION/APPLICATION

• A. No nonconforming use except for properties utilized as owner occupied single family residential dwellings shall be continued, unless such continuance is registered with the Township on forms provided by the Zoning Officer, within 6 months of adoption of this ordinance or any amendment of the ordinance which renders the use nonconforming. The application shall be accompanied by a fee of $1.00.
• B. The Zoning Officer shall approve:
  • 1. Registrations of nonconforming use where the applicant demonstrates the nonconforming activity or structure existed on the site prior to presentation of the ordinance or any amendment by the Planning Commission to the Supervisors, and if the nonconforming use can be maintained without damages to persons, property, wetlands, streams and that the operation is in compliance with provisions of the ordinance to the greatest extent possible.
  • 2. Application for alteration of a nonconforming use where the applicant demonstrates the criteria in 1 above and that the alteration is less of a nonconformance with the ordinance than the prior nonconforming use.
• C. Any owner of property aggrieved by an action of the Zoning Officer under this section may within 30 days appeal that decision to the Zoning Hearing Board.

SECTION 1706 EXPANSION OR ALTERATION OF NONCONFORMING USES

The lawful use of a building or structure or of any land or premises existing at the time of the affective date of this Ordinance may only be altered or expanded is a special exception granted by the Zoning Hearing Board.

• (a) A nonconforming use may be changed to another nonconforming use by grant of special exception only upon determination by the Zoning Hearing Board, after public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the Zoning Hearing Board shall take into consideration, among other things: traffic generated; nuisance characteristics (such as emission of noise, dust and smoke); fire hazards and hours and manner of operation.
• (b) A nonconforming use shall not be extended or enlarged, and a nonconforming building shall not be extended or structurally altered unless the Zoning Hearing Board shall as a special exception, authorize the extension of a nonconforming use, or the limited extension of a building which houses a nonconforming use. The Zoning Hearing Board may grant such special exception provided that:
  • (1) It is clear that such extension is not materially detrimental to the character of the surrounding area or the interest of the municipality.
  • (2) It is clear that denial of the use would work on (undue hardship) upon the landowner.
  • (3) Any extension of a building shall conform to the area, height, and setback regulations of the district in which it is situated.
• (c) Whenever a nonconforming use of land, premises, building, or structure, or any part or portion thereof, has been discontinued for a period of one year, the nonusage shall create a rebuttable presumption that the nonconforming use has been abandoned, and, in the absence of proof, by a preponderance of the evidence, rebutting the presumption of abandonment, the nonconforming use shall not thereafter be reestablished and all future uses shall be in conformity with the provisions of this Ordinance.