Conemaugh Township
Cambria County
Johnstown, Pennsylvania
ZONING ORDINANCE
ARTICLE II RULES AND DEFINITIONS

SECTION 201 RULES

The following rules of construction shall apply to this ordinance:

  • A. The particular shall control the general.
  • B. In case of any difference of meaning or implication between the text of this ordinance and any caption or illustration, the text shall control.
  • C. The word "shall" is mandatory and not discretionary. The word "may" is permissive.
  • D. Words used in the present tense shall include the future, words in the singular number shall include the plural, and the plural the singular unless the context clearly indicates the contrary.
  • E. The phrase "used for" includes "arranged for", "designed for", "intended for", "maintained for", and/or "occupied for". SECTION 202 DEFINITIONS

  • Accessory Building or Accessory Use: A building or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use. An accessory use includes, but is not limited to the following:
  • Alley: A service way at least fifteen (15) feet wide, providing a secondary public means of access to abutting properties.
  • Alterations: As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another, or any change in use from that of one zoning district classification to another.
  • Alterations, Structural: Any change in the supporting members of a building such as bearing walls, columns, beams, girders, or foundations.
  • Animal: As used in this ordinance shall refer to:
  • Apartment: A room or suite of rooms in a multiple-family structure which is used as a single housekeeping unit, and which contains complete kitchen, bath and toilet facilities, permanently installed.
  • Apartment Building: A building used by three (3) or more families living independently of each other and containing dwelling units.
  • Area, Building: The total of areas taken on a horizontal plane at the main grade level of the principal building exclusive of uncovered porches, terraces, steps, garages, and other accessory buildings.
  • Automobile Repair, Major: Engine rebuilding or major reconditioning of work or damages motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting of vehicles.
  • Automobile Repair, Minor: Incidental repairs; replacement of parts; motor service to automobiles; state inspection; but not including any operation specified under Automobile Repair, Major, above.
  • Basement: A story wholly or partly underground.
  • Billboard: Structure, building, wall, or other outdoor surface used to display lettered, pictorial, sculptured, or other matter which directs attention to any product, commodity, or service offered only elsewhere than on the premises or as a minor and incidental service on the premises.
  • Board: The Zoning Hearing Board of the Township of Conemaugh.
  • Buffer Area: A strip of land which is planted and maintained in shrubs, bushes, trees, grass, or other landscaping material and within which no structure is permitted except a wall or fence.
  • Building: A structure having a roof supported by columns or walls, for the shelter of persons, animals, chattels, or property. When separated by walls which are common with the walls of adjoining dwellings, each portion of such structure shall be considered as separate building.
  • Building or Set-Back Line: The line within a property defining the required minimum distance between any building and the adjacent right-of-way or property line. This face includes sun parlors and covered porches whether enclosed or un-enclosed, but does not include walks, steps, paved areas or terraces.
  • Building Height: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck-line of mansard roofs, and to the mean height between eave and ridge for gable, hip, and gambrel roofs.
  • Coverage: That percentage of the lot area covered by the building area and impermeable surfaces.
  • Costs: As they relate to any hearing or request for action under this Ordinance ('1807(F), 1903(E), 1412.10 and others) shall include all costs of any sort actually incurred by the Township and assessable under current provisions of the Municipalities Planning Code.
  • Development: The erection or alteration of any building or structure.
  • District, Zoning: A section of the Township for which uniform regulations governing the use, height, area, and intensity of use of buildings and land and open spaces about buildings are herein established.
  • Disturbed Area: Areas in which the existing vegetation has been removed exposing bare soil in areas where regional slope is greater than 2%, including skid and access roads, and places where logs are assembled for transportation or processing and not including gardens or farm fields.
  • Driveway: A minor private way used by vehicles and pedestrians on a mobile home lot or house or used for common access to a small group of lots or facilities.
  • Dwelling: A building designed or used primarily as the living quarters for one or more families. Such dwelling shall be constructed or fabricated to remain permanently in one place on a concrete foundation and shall meet area requirements as established for each zoning district. Such definition shall include modular homes. Any building designed for movement with an integral axle or wheels (mobile home) shall not be considered a dwelling under this definition.
  • Erosion:
  • Evergreen: Cedar, pine, spruce trees, arborvitae, laurels, rhododendrons, yews or other similar natural vegetation.
  • Excavation: Any earth moving activities upon a property which involve the removal of vegetation or ground cover, except that tillage of fields for agricultural purposes pursuant to a soil conservation plan developed by the Cambria County Soil Conservation Service shall be excepted. Tillage of farm fields or home garden is not considered excavation.
  • Family: One or more persons related by blood, marriage, or adoption or three unrelated persons living as a household in a dwelling unit. May also include domestic servants and gratuitous guests.
  • Farming or Farm Use: The use of land for raising and harvesting crops or for the feeding, breeding and management of livestock or for dairying or any other agricultural or horticultural use including raising and harvesting timber and timber products or tree farming or any combination thereof and includes the preparation of the products raised therein for man's use and disposal by marketing or otherwise. It includes the construction and use of dwellings and other buildings customarily provided in conjunction with the farm use.
  • Floor Area: The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls, or from the centerline of common walls separating buildings. For purposes of determining parking and loading space requirements for the several zoning districts herein, the "floor area" of a building or buildings shall include: basement space, penthouses, attic space providing structural headroom of seven and one half (72) feet or more, interior balconies and mezzanines, enclosed porches, accessory uses other than accessory off street parking, lobbies and hallways. For determination of parking and loading space requirements, the following areas shall not be included: cellar space, elevator shafts and stairwells, floor space for mechanical equipment as necessary to service the needs of the building, uncovered steps, terraces, breezeways, open spaces un-roofed unless specifically required in the parking regulations herein, and fitting and dressing rooms.

    For the purpose of determining minimum floor area as applied to a dwelling unit, floor area shall mean the habitable living area of the dwelling as measured by exterior dimensions and shall not include attached garages, unfinished basements, or furnace rooms or carports. Neither are porches included unless completely enclosed and finished.

  • Garage, Private: An accessory building, housing only motor driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located.
  • Garage, Public: Any garage other than a private garage, available to the public, and which is used for storage, parking, repair, rental, greasing, washing, servicing, adjusting, or equipping of motor-driven vehicles.
  • Garden Apartment: A multiple-family dwelling of one to two stories in height, which by its name implies low land coverage, ample open space between buildings, and convenient on-site parking for tenants' cars.
  • Grade: The slope of a road, channel, or ground slope, usually measured in degrees or percent.
  • Health Authority: The State Department of Health or its authorized representative in Conemaugh Township.
  • Home Business: The conduct and accessory use of a lot for business purposes, which is clearly secondary to the use of a lot as a dwelling and does not change the character thereof, and is not involved in retail sale of goods on the premises. Examples of such uses would be contractor, plumbing, or other similar uses. The use to qualify and continue must utilize no more than three non-immediate family member employees.
  • Home Occupation: An accessory use of a service character customarily conducted within a dwelling by the residents, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small name plate, and in connection therewith there is not involved the keeping of or exhibition of stock in trade. The use to qualify and continue must utilize no more than three (3) non-family member employees.

    The office of a physician, surgeon, dentist, geologist, architect, attorney, tutor or other professional person shall be deemed to be a Home Occupation. Instructions in violin, piano, or other individual musical instruments limited to a single person at a time shall be deemed a Home Occupation. The occupations of dressmaker, watchmaker, milliner, seamstress, or other persons who offer skilled services to clients and are not professionally engaged in the purchase or sale of economic goods, shall be deemed to be Home Occupation.

  • Hospital: The term "hospital" shall include sanitarium, sanitorium, preventorium, clinic, rest home, nursing home, hospice, convalescent home, and any place for the diagnosis, treatment or other care of human ailments, and shall be deemed to be limited to such places.
  • Hotel: A building in which lodging is provided and offered to the public for compensation and in which ingress and egress to and from rooms is made from an inside lobby or office supervised by a person in charge at all hours, and which is open to transient guest, in contradistinction to a boarding house, lodging house, or rooming house or bed and breakfast.
  • Hotel, Motor: A building in which lodging is provided and offered to the transient public for compensation and in which egress and ingress to and from rooms may be made either directly from the exterior or through an inside lobby or office supervised by a person in charge at all times.
  • Institutional House: A public or private benevolent establishment devoted to the shelter, maintenance, or education and care of minor children; homeless aged, or infirm persons nursing homes; or members of a religious community. The classification shall not include almshouses, penal or reformatory institutions, or institutions for the custody, care or treatment of persons suffering from dementia, mental derangement, or drug or alcoholic addiction.
  • Immediate Family Member: A person who occupies the same household as a permanent and exclusive residence and is related by blood or marriage.
  • Junk: Abandoned, non-registered within the past twelve (12) months and inspected vehicles, appliances, or other used or scrap materials including those kept for the express purpose of resale.
  • Loading Space: A space within the main building or on the same lot therewith providing for the standing, loading, or unloading of vehicles.
  • Lot: A parcel, tract, or area of land accessible by means of public street. It may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder, or it may include parts of or a combination of such parcels when adjacent to one another and used as one parcel.
  • Lot, Corner: A lot at the junction of two or more intersecting streets or proposed streets and having frontage on two or more such streets.
  • Lot, Depth of: The mean horizontal distance between the front line and the rear lot line, measured midway between the side lot line.
  • Lot Coverage: That percent of total lot area covered by roof, impermeable paving, patios or impermeable material.
  • Lot, Interior: A lot other than a corner lot or a through lot.
  • Lot Line, Front: In the case of an interior lot, the line separating the lot from the street. In case of a corner lot, the line separating the narrowest frontage of the lot from the street.
  • Lot, Through: A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.
  • Lot, Width: The dimension of a lot, measured between the side lot lines on the building line.
  • Mobile Home: A manufacturer transportable, single-family dwelling unit suitable for year round occupancy and containing water supply, waste disposal and electrical conveniences.
  • Mobile Home Lot: A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
  • Mobile Home Park: A contiguous parcel of land which has been developed for the placement of two or more mobile homes and is owned by an individual, a firm, trust, partnership, public or private association or corporation.
  • Mobile Home Stand: That part of an individual lot which has been reserved for the placement of one mobile home unit.
  • Motel: See Hotel, Motor, herein.
  • MPC: Municipalities Planning Code.
  • Municipal or Public Building: Any building or structure erected, altered, and/or occupied by a governmental or public agency or organization providing services and facilities for the general public.
  • Non-Conforming Use: A building or use of land lawfully existing on the effective date of this ordinance that does not completely conform to the use regulations for the district in which it is located.
  • Nursery School: A school designed to provide daytime care or instruction for two or more children of preschool age.
  • Occupied Dwelling: A dwelling which is occupied by persons or animals at any time during the 6 months preceding.
  • Office Structure: A structure designed and used only for office and administrative activities and shall not include those activities of a commercial nature.
  • Parcel: A piece of ground assessed and owned by an entity as a single unit.
  • Park Street: A private way which affords principal means of access to individual mobile home lots or auxiliary buildings.
  • Parking Lot: Any lot, parcel of yard used in whole or in part for the storage or parking of two or more vehicles where such usage is not incidental to or in conjunction with a one-family or two-family dwelling.
  • Parking Space: An off-street space available for the parking of one motor vehicle and having an area of not less than one hundred eighty (180) square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley.
  • Planned Residential Development: A land development project which is planned as an entity, grouping dwelling units into clusters, allowing an appreciable amount of land for open space, mixing housing types and land uses, and preserving useful natural features.
  • Planning Commission: The Planning and Zoning Commission of the Township of Conemaugh.
  • Rooming House: Including bed and breakfast or other small facility for overnight accommodation of guests conducted out of a facility which appears as a residential dwelling.
  • Runoff: That portion of the precipitation from a drainage area or watershed that is discharged from the area in stream channels or by overland flow; types include surface runoff, groundwater runoff or seepage.
  • Sediment: Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water, gravity or ice and has come to rest on the earth's surface either above or below water level.
  • Self-Service Laundry: A business that provides home-type washing, drying or ironing machines, or dry-cleaning machines for hire to be used by customers on the premises.
  • Service Building: A structure housing toilet, lavatory and such other facilities as may be required by this ordinance.
  • Service Station: A building(s), premises or portions thereof which are used, arranged, designed, or intended to be used for the retail sale of gasoline, or other fuel for motor vehicles, boats, or aircraft as well as for minor automobile repair, including state inspection.
  • Sign: Any surface, fabric, display of merchandise, or vehicle device, bearing lettered, pictorial, sculptured, or other matter designed to convey information visually and exposed to public view; any structure designed to carry the above visual information, any structure or devise designed or installed principally to direct or attract attention for commercial or financial benefit.
  • Storage Yard: Any area used to store, temporarily or permanently, material or equipment of any kind or use which might cause injury or damage to persons, animals or property.
  • Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
  • Street: A public or private way other than an alley which affords the principal means of access to abutting properties. Structure: Anything constructed, excavated or erected the use of which requires location on or in the ground or attachment of something having location on or in the ground, including roadways, embankments, pits and similar features.
  • Surface Mining Activity: Shall refer to surface activity of a mineral extraction operation. It shall not include engineering or deep mine activity or other operations which are carried out below the surface of the earth without disturbing vegetation, overburden or soil.
  • Townhouse: Single-family attached unit with party walls, each house is a complete entity with its own utility connections.
  • Travel Trailer: Any trailer usually drawn by a passenger automobile, used for occasional transport of personal effects.
  • Use: The specific purpose for which land or building is designed, arranged, intended, or for which it may be occupied or maintained. The term PERMITTED USE or its equivalent shall not be deemed to include any non-conforming use.
  • Water Course: A natural or man made drainage route or channel for the flow of water.
  • Wetland: An area subject to temporary or permanent inundation sufficient to provide a habitat for plants or animals adapted to such inundation.

    Either as defined by EPA delineation method (see: Federal Manual for Identifying and Delineating Jurisdictional Wetlands, January, 1989) or a flood plain area, or an area of soil which is incapable of supporting heavy equipment of a type used in timbering operations without fill or other supporting materials being added.

  • Yard: A space on the same lot with a principal building, open, unoccupied, and unobstructed by structures, except as otherwise provided in this ordinance.
  • Yard, Front: A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts, and similar structures, the depth of which is the least distance between the lot line and building line.
  • Yard, Rear: A yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied by other than accessory buildings which do not occupy more than thirty (30) percent of the space, and steps, walks, terraces, driveways, lampposts, and similar structures the depth of which is the least distance between the rear lot line and the rear of such building.
  • Yard, Side: A yard between the principal building and the side lot line, extending from the front yard, or from the front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally and at ninety (90) degrees with the side lot from the nearest part of the principal building.
  • Zoning Officer: The person duly appointed by the Township of Conemaugh to enforce and administer the provisions of this ordinance.

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

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