(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 IX - ZONING HEARING BOARD - POWERS, DUTIES & ESTABLISHMENT ARE PRESCRIBED

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.

 

901 TERMS ARE DEFINED:

901.01 ZONING OFFICER - The agent appointed by the legislative body of the Township who is herein charged with the administration and enforcement of the Zoning Ordinance, or his duly authorized representative.

901.02 ZONING MAP - Conemaugh Township Zoning Map.

901.03 ZONING ORDINANCE - Conemaugh Township Zoning Ordinance as herein established.

901.04 ZONING PERMIT - A permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements of this Ordinance for the zone in which it is located or to be located.

902 A ZONING HEARING BOARD IS CREATED

902.01 A Zoning Hearing Board is hereby established. The word "Board" when used is this Ordinance shall be construed to mean the "Zoning Hearing Board". The Board shall consist of three members to be appointed by the Township Supervisors, one of whom shall be designated to serve until the first day of January in the year following the adoption of this Ordinance; one until the first day of the second January thereafter, and one until the first day of the third January thereafter. Their successors shall be appointed on the expiration of their respective terms, to serve three years. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. A Board Member, whose term expires, can be re-elected following a one- year period.

 

903 BOARD MEETINGS

903.01 The Board shall elect their own officers and adopt rules in accordance with the provisions of this Ordinance. No regular meetings shall be scheduled; however, the Board shall convene upon request of a hearing. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be public records. The concurring vote of two members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation, except as may otherwise be provided in the Pennsylvania Municipalities Planning Code.

903.02 The Board shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Board. The cost of the original transcript shall be paid by the Board if the transcript is ordered by the Board or hearing officer or shall be paid by the person appealing from the decision of the Board if such appeal is made, and in either event the cost of additional copies shall be paid by the person requesting such copy of copies. In other cases the party requesting the original transcript shall bear the cost thereof. (Z.A. - 12/13/90)

 

904 APPEALS TO THE BOARD

904.01 Appeals to the Zoning Hearing Board shall be handled as set forth in the Municipalities Planning Code.

904.02

a. With respect to proceedings before the Board, the parties may attempt to use mediation as an aid to completing such proceedings. However, in no case shall the Board initiate mediation or participate as a mediating party. Mediation shall supplement, not replace, those procedures in this Article and the provisions of the Municipal Planning Code once they have been formally initiated.

b. Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. In each case, the mediating parties, assisted by the mediator as appropriate, shall develop terms and conditions for:

(1) Funding mediation.

(2) Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.

(3) Completing mediation, including time limits for such completion.

(4) Suspending time limits otherwise authorized in this act, provided there is written consent be the mediating parties, and by an applicant or Board or Township Supervisors or Township Planning Commission if any of them are not a party to the mediation.

(5) Identifying all parties and affording them the opportunity to participate.

(6) Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.

(7) Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the appropriate decision-making body pursuant to the authorized procedures set forth in the other sections of this act.

c. No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings. (Z.A.- 12/13/90)

 

905 THE POWERS OF THE BOARD

905.01 Powers shall be as prescribed by the Municipalities Planning Code.

905.02 To permit the following two exceptions:

a. Use of premises for public utility and railroad purposes; provided that the Board shall find some compelling necessity for the use, and that any office, repair storage or garage uses are accessory to the main use, and providing use(s) would not be detrimental to the public welfare, would not adversely affect the adjoining property owners, would not unreasonably impair the scheme of zoning use established by the Ordinance, and providing that such exception, as granted, would be the minimum exception required to accomplish the purpose of the request for exception.

b. To permit the reconstruction of a non-conforming building which has been destroyed, or partially destroyed, by fire or Act of God where the Board shall find some compelling public necessity requiring a continuance of the non-conforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.

 

906 PUBLIC HEARING AND PERMITS ISSUED BY THE BOARD

In exercising the above mentioned powers the Board may, in conformity with the provisions of this Ordinance, reserve or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, appealed from and may take such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. Every change granted or denied by the Board shall be accompanied by a written record specifying the reason for granting or denying the variation.

Any person or persons jointly or severally, aggrieved by a decision of the Board may then appeal as provided by law. Any person applying to the Board, or taking an appeal to the Board, for permission to vary from the provision of this Ordinance, shall pay An application fee to the Township at the time of making such application or appeal, to pay for the advertising and other costs of such application or appeal.

The Zoning Officer shall keep records of all such appeals or applications and of all fees paid thereafter and shall transmit all of such fees collected to the Township Supervisors for deposit to the General Fund of the Township. (Z.A. - 7/12/84)