(Ordinances
on this page are provided as a convenience. They are not official
copies. An official copy of any
ordinance can be obtained through the township secretary at
814-288-1400 or supers@contwpsupers.us)
Conemaugh
Township Zoning Ordinance
ARTICLE
III - NON-CONFORMING USES
REWRITTEN AS AMENDED BY ORDINANCES 413, 414,
423, 442, 443, 555, 557, 560, 569, 569A, 582, 583, 593, AND
594, AND AS ACCEPTED BY THE PLANNING COMMISSION ON SEPTEMBER
12, 1995 AND THE SUPERVISORS ON SEPTEMBER 14, 1995.
301 GENERAL TERMS ARE DEFINED
301.01 ALTERATIONS - As applied to a building
or structure, any change or rearrangement in the total floor
area, or an enlargement, whether by extending on a side or by
increasing in height, or moving from one location or position
to another.
301.02 ALTERATIONS, STRUCTURAL - Any change in
or addition to the supporting or structural members of a building,
such as bearing walls, partitions, columns, or girders; or any
changes which will convert an existing building into a different
structure, or adapt it to a different use, or any change which,
in the case of a non- conforming use, would prolong the life
of such use.
301.03 NONCONFORMING USE - A use which does not
conform to the regulations of a district in which it is located.
301.04 NONCONFORMING BUILDING - A building or
structure which does not conform to all the height, area, courts,
and yard regulations of the district in which it is located.
301.05 NONCONFORMING SIGN - A sign which does
not conform to the regulations of the district in which it is
located.
302 GENERAL
302.01 The lawful use of land existing at the
time of the adoption of this Ordinance, or of any amendment
thereto, although such use does not conform to the provisions
hereof, may be continued except as provided in 302.06, but if
such nonconforming use is discontinued, any future use of said
land shall be in conformity with the provisions of this Ordinance.
302.02 The lawful use of a building or structure,
existing at the time of the adoption of this Ordinance, or of
any amendment thereto, although such use does not conform to
the provisions hereof, may be continued and such use may be
extended throughout the building, provided no structural alterations
are made, other than those ordered by an authorized public officer
to assure the safety of the building; and provided further,
that such extension does not displace any residence use in a
residential district established by this Ordinance.
302.03 A non-conforming use of a building may
be changed to another non-conforming use of the same or of a
more restrictive classification, provided, no structural alterations
are made, other than those ordered by an authorized public officer
to assure the safety of the building, and provided further,
that such extension does not displace any residential use in
a residential district established by this Ordinance.
302.04 Whenever a non-conforming use of a building
has been changed to a more restricted use or to a conforming
use, such use shall not thereafter be changed to a less restricted
use.
302.05 Whenever a non-conforming use of a building,
or portion thereof, has been abandoned for a period of at least
one (1) year, such non-conforming use shall not be thereafter
reestablished, and the future use shall be in conformity with
the provisions of this Ordinance.
302.06 Passage of this Ordinance is no way legalizes
any illegal uses existing at the time of its adoption.
303 REGISTRATION OF NON-CONFORMING USES AND STRUCTURES
303.01 All owners or operators of non-conforming
uses and structures are required to obtain a certificate of
non-conformance, showing identification of the property, type
of use, kind or degree of non-conformance, length of time non-conformance
has been in operation, and anticipated date of conversion (if
any). Such certificate will be issued on request to the Zoning
Officer.
303.02 The Zoning Officer shall keep in the Township
offices an up-to-date register of non- conforming uses and structures.
304 PERMITTED NON-CONFORMING USES
304.01 Those persons who have received permits
to carry on deep mining and strip mining of bituminous coal
and who are actively conducting such mining operations in Conemaugh
Township on the date of adoption of this Ordinance, and who
are in compliance with the Bituminous Coal Mining Laws of Pennsylvania,
shall be permitted to create waste piles on land owned by them,
on which mining operations are being conducted on the date of
adoption of this Ordinance, provided such waste piles shall
be placed and maintained in compliance with all laws and regulations
ofthe Commonwealth of Pennsylvania and the Federal Government
and their regulatory agencies, now in force or hereinafter enacted
or promulgated. (Z.A. - 12/6/76)