For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A building detached from the subordinate to the main building on the same lot and used for purposes customarily incidental to the main building.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use of building and located on the same lot with such principal use of building.
ADULT BUSINESS. Either:
(1) An ADULT BOOK STORE, defined as an establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, or an establishment with a segment or section devoted to the sale or display of such material; or
(2) An ADULT THEATER, being defined as a club, bar or entertainment facility:
(a) Presenting film, tape or other audio or visual reproduction or any other material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons; or
(b) Featuring topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
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.
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 nonconforming use, would prolong the life of such use.
ANIMAL UNIT. One large animal such as a horse or cow or large pig over 500 pounds, or, two medium size animals, such as a sheep or goat or small pig, or three small animals or fowl such as a rabbit, mink, dog, cat or chicken.
AUTO BODY SHOP. Any structure or any building or part thereof that is used for the repair or painting of bodies and fenders of motor vehicles.
BUILD. To erect, convert, enlarge, reconstruct or structurally alter a building or structure.
BUILDING. A building is any structure intended for the shelter, housing or enclosure of any person, animal or property of any kind.
BUILDING LINE(S). Lines parallel to and inside of the property lines within which buildings may be constructed.
BUILDING, RESIDENTIAL. A building which is designed, used or intended to be used for human occupancy. All RESIDENTIAL BUILDINGS shall have permanent foundations.
DISTRICT. A part of the township wherein regulations of this chapter are uniform.
DRIVE-IN. An establishment where food or beverage is sold for consumption on the premises but not necessarily within a building.
DWELLING. See BUILDING, RESIDENTIAL.
DWELLING, MULTIPLE-FAMILY. A building that contains more than two living units.
DWELLING, SINGLE-FAMILY. A building and appurtenant structures designated for or used exclusively for occupancy by one family, related by blood, marriage or adoption, and non-paying guests.
DWELLING, TWO-FAMILY. A building that contains only two living units.
FAMILY. One or more persons occupying a living unit as an individual housekeeping organization as distinguished from a group occupying a boarding house, lodging house or hotel.
FARM.
(1) Cultivation of crops and/or raising of livestock with a limitation of one animal unit per acre, other than domesticated pets, or operated under the Nutrient Management Act; and
(2) Having a minimum lot area of not less than three contiguous acre, leased or owned.
FARMETTE. An accessory use to a residential use with not more than six chickens or fowl, so as not to create a public nuisance, an unsanitary condition or any inhumane condition.
FILLING STATION or SERVICE STATION. Any buildings, structures or premises, enclosure or other place used for the dispensing, sale or offering for sale of automobile or truck fuel and oil at retail. When such dispensing, sale or offering for sale of automobile fuel and oils is incidental to the conduct of a motor vehicle repair shop, the premises shall be classified as a MOTOR VEHICLE REPAIR SHOP.
GARAGE APARTMENT. A living unit for not more than one family erected above a garage, said garage being accessory to the main building.
GARAGE, PRIVATE. An accessory building housing vehicles owned and used by occupants of the main building. Where vehicles are housed or where the vehicles are used by persons other than occupants, the building is a STORAGE GARAGE. A PRIVATE GARAGE does not need to be walled, A roofed but unwalled structure or CARPORT is subject to the same regulations.
HABITABLE LIVING AREA. The floor area of a building or structure which is furnished to the extent that it is customarily occupied by residents or users of the buildings or structure, exclusive of garages, unconditioned spaces and unfinished basements.
HOME OCCUPATION.
(1) HOME BUSINESS.
(a) An accessory use of a service character within a dwelling by 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 sign. The secondary use shall not be carried on in an adjacent separate, attached or integral structure not designed for living space such as a garage or other out building, shall not constitute more than 25% of the habitable living area and shall not employ more than two persons other than resident family members.
(b) A HOME BUSINESS shall be permitted by special exception according to the criteria stated in § 154.086. Instructions in violin, piano or other musical instruments limited to a single person at a time shall be deemed a HOME BUSINESS. The business of dressmaker, seamstress or other persons who offer skilled services to clients, tax preparer, consultant and similar professions shall be deemed a HOME BUSINESS.
(c) The following are not permitted as HOME BUSINESSES:
1. Tourist homes;
2. Convalescent homes;
3. Mortuary establishments;
4. Stores;
5. Trades; and
6. Manufacturing of products, machinery or auto body workshops.
(2) HOME OFFICE.
(a) An accessory use of a service character within a dwelling by the residents of the structure, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any evidence of such secondary use. The use shall not involve regular visitations by customers, clients, salespersons or suppliers.
(b) A limited business or commercial activity which meets all of the following criteria is considered a HOME OFFICE and is permitted by approval by the Zoning Officer in any dwelling unit:
1. No exterior evidence (e.g., noise, light, heat, dust, odor, signs, electromagnetic interference and the like) of the home office shall be permitted that is uncharacteristic of a residential setting;
2. No retail sales or display of goods, exclusive of telephone, internet or other electronic network solicitation, is permitted;
3. No exterior parking of commercial vehicles over 8,000 GVR shall be permitted;
4. Only residents of the dwelling may be engaged in the HOME OFFICE activity;
5. The HOME OFFICE activity may be conducted only within the dwelling unit and may not occupy more than 10% of the habitable floor area; and
6. The use shall not require the delivery of materials and goods by trucks larger than standard panel trucks.
HOSPITAL. A place for the diagnosis, treatment or other care of humans and having facilities for inpatient care including such establishments as a sanitarium, sanatorium and preventorium.
HOTEL. A building used as the temporary abiding place for individuals who are, for compensation, lodged, with or without meals and in which provision may be made for cooking in any individual room or suite. A HOTEL may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally the public.
HOTEL-APARTMENT. A multiple-family dwelling under resident supervision.
INSTITUTION. A non-profit establishment for public use.
JUNKYARD. A lot, land or structure, or part thereof, used primarily for the collecting, storage or sale of waste-paper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
LIVESTOCK. Non-domesticated pets, including, but not limited to: cows; horses; goats; pigs; alpaca; llama; fowl; deer; mink; and other similar animals.
LIVING UNIT. Rooms which must include a kitchen.
LODGING HOUSE. A dwelling consisting of not more than one living unit occupied by persons not related by blood, marriage or adoption. This term includes ROOMING HOUSE, BOARDING HOUSE and NURSING HOME.
LOT. A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MANUFACTURED HOME (FORMERLY MOBILE HOME). A detached single-family dwelling unit with all of the following characteristics:
(1) Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems; and
(2) Designed to be transported after fabrication on its own wheels or on a flatbed or other trailers or detachable wheels; arriving at the site where it is to be occupied in not more than three major sections, complete including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like.
MANUFACTURED HOME PARK. A site housing two or more manufactured homes.
MEDIATION. A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MOTEL. A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed with separate entrances and designed for year-round occupancy, primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term MOTEL includes buildings designated as tourist courts, tourist cabins, motor lodges and similar terms.
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.
NONCONFORMING SIGN. A sign which does not conform to the regulations of the district in which it is located.
NONCONFORMING USE. A use which does not conform to the regulations of a district in which it is located.
OFFICE BUILDING. A building designed for or used as the office(s) of professional, commercial, industrial, religious, public or semi-public persons or organizations.
OUTDOOR FURNACE. Any equipment, device, apparatus or structure or any part thereof which is installed, (excluding pre-existing flues for in-home heating systems) affixed or situated outdoors for the purpose of combustion of any type of fuel to produce heat or energy used as a component of a heating system providing heat for an interior space or water source.
PERMANENT FOUNDATION. Construction of a structure on a permanent excavated footer or concrete block, stone or similar material; with the space, if any, between the base of the structure and the footer, completely enclosed with solid material, such as concrete block, stone, cement or wood; and connection to water, sewer, electric and other utilities, which cannot there after be moved without damage to the foundation or structure.
PLANNED RESIDENTIAL DEVELOPMENT. An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage, or in open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.
PREMISES. Land together with any buildings or structure occupying it.
PUBLIC NOTICE. Notice published once each week for two successive weeks in a newspaper of general circulation in the township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
SEPARATE TRACT. A lot or parcel of land or a group or contiguous parcels or lots of land under one ownership and of record on and following the effective date of this chapter.
SIGN. A principal or accessory structure or device that is arranged, intended, designed or used as an advertisement, announcement or direction; and includes a sign, sign screen, billboard, poster panel and advertising, business and identification devices of any kind.
SIGN, TEMPORARY. A sign, banner or other advertising device constructed of cloth, canvas, fabric or other light temporary material, with or without a structural frame, intended for a limited period of display; including decorative displays for holidays or public demonstrations.
SITE PLAN. A drawing prepared to scale which indicates all lot lines, adjacent streets, easements, rights-of-way, the size and location of all buildings, including setbacks, parking areas, driveways and other prominent features. The engineering site plan shall be prepared by a registered architect, professional engineer or registered surveyor and filed with and approved by the Township Planning Commission in accordance with § 154.034 prior to the start of construction.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or
(4) Audible representation, description or narration of any of the above.
STREET. Property dedicated to public use for and accepted for vehicular and dedicated to public use for secondary access to lots.
STRUCTURAL ALTERATION. 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 nonconforming use, would prolong the life of such use.
STRUCTURE. Anything built that requires a permanent foundation and location.
THEATER. A building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis.
TOURIST HOME. A dwelling in which overnight accommodations are used by transient guests for compensation.
TOWNSHIP. Conemaugh Township, Somerset County, Pennsylvania.
TRAVEL TRAILER. A trailer constructed to be towed on its own chassis, for temporary occupancy as a vacation trailer, or for occasional transport personal affects.
USE. The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term “permitted use” or its equivalent shall not be deemed to include any nonconforming use.
WINDOW. An opening to the outside, other than a door, which provides all or part of the required natural light, natural ventilation or both, to an interior space.
YARD AREA/SETBACK. The distance required from the front property boundary for structures in respective zoning districts. In the event that a deed indicates that a property line extends into or across a public road right-of-way, the required YARD AREA/SETBACK shall be measured from the nearest edge of the public road right-of-way.
ZONING APPROVAL. A statement issued by and signed by the Zoning Officer authorizing the use or construction of a structure and indicating on its face that the proposed use or structure complies with this chapter or with a decision and order of the Zoning Hearing Board or a court of competent jurisdiction rendered in connection with an application relative to use of the premises involved. No approval shall be issued for any use or construction unless the applicant shall submit written proof that the designated authorities have granted approval of required sanitary sewage and water facilities.
ZONING MAP. Conemaugh Township Zoning Map.
ZONING OFFICER. The agent appointed by the legislative body of the township who is herein charged with the administration and enforcement of this zoning chapter, or his or her duly authorized representative.
ZONING ORDINANCE. Conemaugh Township zoning ordinance as herein established.
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 chapter for the zone in which it is located or to be located.
(Ord. 555, passed 8-28-1981; Ord. 678, passed 10-20-2010)