Charleston Township
City Zoning Code
City Zoning Code
ARTICLE IV
Agricultural Residential District
§ 300-400 Purpose.
The purpose of the Agricultural Residential District is to provide for development of the broadest possible range of compatible uses in an orderly manner 1) allowing more intensive development and higher population densities in those areas where public services are or will be most readily available; 2) maintaining low population densities in those areas in which public services are not or will not be readily available; and 3) restricting development in those areas which, due to natural conditions, present a direct threat to the health and safety of persons and property.
§ 300-401 Designation of district.
For the purposes of this chapter the Township of Charleston, Tioga County, Pennsylvania, is hereby designated as an Agricultural Residential District.
§ 300-402 Permitted uses.
A lot or parcel may be used and a building or structure may be erected and used for any of the following purposes:
A.
Principal uses:
(1)
Single-family detached dwellings, including individual mobile homes.
(2)
Agricultural uses, including horticulture, dairying, animal husbandry, pasturage, orchards, forestry, plant nurseries, and their associated support facilities.
(3)
Parks, playgrounds and other noncommercial recreational uses.
(4)
Educational and religious uses.
(5)
Municipal and civic buildings, libraries, museums, fire and police stations.
(6)
Home gardening.
(7)
Private clubs, lodges, recreational buildings or properties.
(8)
Home occupations and professional offices as a subsidiary and subordinate use to residential units, provided:
(a)
Official residences shall be maintained by the occupant who may be an owner, a renter or a lessee;
(b)
The subsidiary use shall be located in the principal dwelling building;
(c)
The subsidiary use shall not occupy more than 40% of the ground floor area of the principal dwelling building;
(d)
There shall be a minimum of three off-street parking spaces in addition to those required under the provisions of this chapter;
(e)
Not more than two nonresidents shall be employed on the premises; and
(f)
Use of an accessory building for purposes related to the home occupation or professional office shall be limited to the total ground floor area of the accessory building.
B.
Minimum lot requirements: The minimum lot area, lot width and yard regulations and maximum building height and lot coverage requirements specified in § 300-404 for a single-family detached dwelling shall be the minimum requirements for all permitted uses specified in this section.
C.
Accessory uses: The following accessory uses are permitted for those permitted and special exception uses approved under this chapter:
(1)
Private garages or parking areas.
(2)
Other accessory uses customarily incidental to a permitted principal use.
(3)
Signs as hereafter provided are permitted:
(a)
Temporary signs advertising the sale, rental or development of property; temporary signs indicating the location and direction of premises and not exceeding four square feet in area; temporary signs erected by churches, schools, civic organizations or other similar institutions, provided the area of the sign does not exceed 12 square feet. All temporary signs shall not be or displayed more than 90 consecutive days.
(b)
Permanent announcement signs designating professional offices and home occupation such as those of a beautician, attorney, engineer, architect and seamstress, providing such signs do not exceed nine square feet.
(c)
Permanently illuminated signs designating the name of the occupant, the street name and house number may be attached to the surface of the structure if the letters and numbers are not in excess of three inches in height.
(d)
Permanent signs erected by churches, schools and other institutions, provided that the area of the sign does not exceed 12 square feet; the light sources must be within the sign back or sides, but entirely within the cover glass. The area of the sign shall include the support material from the bottom of the sign to or beyond the top of the sign.
(e)
Permanent signs for commercial and industrial uses, provided that the area of the sign does not exceed 64 square feet.
(f)
Street or road signs are permitted at a height of not less than seven feet above the top level of the curb. They may have a reflective surface.
(g)
Permanent signs shall be regarded as structures within the meaning of this chapter.
(h)
Permanent signs shall be located at a minimum distance of 10 feet from the street or road right-of-way if no sidewalk exists and four feet from the inside edge of the sidewalk, if such a sidewalk exists. These signs may have a reflective surface, but may not be illuminated from the front or the rear.
(i)
The bottommost part of any sign shall not exceed the height of two feet above ground grade if not attached to a structure. No sign, permanent or temporary, shall be installed in the clear sight triangle if it is in conflict with the clear sight line and clear sight triangle requirements.
(j)
In addition to the other requirements of this section, every sign referred to herein must be constructed of durable materials, kept in repair and not allowed to become dilapidated. Each sign shall be removed when the circumstances leading to its erection no longer apply.
§ 300-403 Special exception uses.
The following uses are permitted as special exceptions upon approval by the Zoning Hearing Board, subject to the regulations and procedures of this chapter.
A.
Principal uses:
(1)
Single-family semidetached dwellings; two-family detached dwellings; two-family semidetached dwellings; townhouses; and garden apartments.
(2)
Nursing homes, clinics, hospitals, sanitariums and funeral homes are permitted as special exceptions when the Zoning Hearing Board finds after a public hearing that such uses will not create hazardous conditions and will meet the following requirements:
(3)
Retail sales for local or neighborhood needs to be limited to the following when such business is conducted entirely within a building:
(a)
The sale of baked goods and pastries, candy and confectioneries, dairy products and ice cream, groceries, meats, fruit and vegetables.
(b)
The sale of books, magazines, newspapers, tobacco, drugs, gifts and stationery.
(c)
Restaurants, motels and hotels.
(d)
Service establishments including barbershops, beauty shops, tailor shops, laundry and dry-cleaning shops, self-service laundries, shoe repair and florist shops.
(e)
General merchandise and retail stores, including variety stores, sporting goods and drugstores.
(f)
Apparel and accessories stores.
(g)
Furniture, home furnishings, household appliance, hardware, paint and glass stores.
(h)
Gift, camera, music, cosmetic, hobby, jewelry, leather and luggage shops.
(i)
Financial institutions and professional offices.
(j)
Medical, veterinary and dental offices, laboratories, clinics and hospitals.
(k)
Fraternal clubs, lodges, and social and recreation clubs.
(l)
Essential service installations.
(m)
Automobile, truck and bus service stations, including repairing, sales and washing uses.
(n)
Warehouses, distribution centers, and truck and bus terminals.
(o)
Mobile homes sales.
(p)
Retail establishments providing primarily drive-in or in-car service.
(q)
Outdoor and indoor commercial recreation and entertainment uses providing recreation and entertainment within conformity with general community standards.
(r)
Any production, manufacturing, assembly, processing, cleaning, research and testing, repair storage or distribution of materials, goods, foodstuffs and other products and wholesale distribution and storage uses subject to compliance with the following performance standards and/or a finding, based on evidence presented, by the Zoning Hearing Board that said use will comply with said standards.
[1]
Industrial activities shall be such that they emit no obnoxious, toxic or corrosive dust, dirt, fly ash, fumes, vapors or gases which can cause any damage to human health, to animals or vegetation or to other forms of property; or which can cause any soiling or staining of persons or property at any point beyond the lot lines of the use creating the emission; discharge no smoke of a consistency which will restrict the passage of sunlight; emit any odor perceptible at the lot boundaries on a regular basis, produce no physical vibrations perceptible at or beyond the lot boundaries; produce no electromagnetic radiation or radioactive emission injurious to human beings, animals or vegetation (electromagnetic radiation or radioactive emissions shall not be of an intensity that interferes with the use of any other property); or discharge any untreated potentially dangerous effluent from plant operations into local surface or subsurface drainage courses.
[2]
All outdoor facilities for fuel, raw materials and products, and all fuel, raw material and products stored outdoors, shall be enclosed by an approved safety fence and visual screen and shall conform to all yard requirements imposed upon the main building.
[3]
No materials shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse by either direct (surface runoff) or indirect (subsurface drainage) means.
[4]
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
(4)
No person shall engage in food truck operations within the permitted districts of the Township without first obtaining approval from the Zoning Hearing Board and approval and a permit from the Township. The food truck operator must follow the established procedures to submit a request for a special exception to the Zoning Hearing Board, subject to the regulations and procedures of this chapter. If the Zoning Hearing Board approves the request, the operator must submit to the Township written proof of the Board's approval and a request for a permit for food truck operations using the application form to be prepared or approved by the Township. The operator must show compliance with the requirements set forth below and the regulations, procedures, and requirements of all Charleston Township ordinances. If the Township determines that the operator's application establishes compliance with all the conditions and requirements of all Charleston Township ordinances, and upon payment by the operator to the Township of an annual permit fee of $50, the Township may issue a permit to the operator and the operator may commence food truck operations. Permits shall be valid for one year from the date of issuance and must be displayed prominently in the food truck area. Permits may be renewed annually upon submission of a renewal application to the Township by the operator, using the renewal application form to be prepared or approved by the Township, and upon the payment of the annual permit fee. Renewal permits may be issued if the Township determines that the operator is conducting food truck operations in compliance with all the conditions and requirements of the Zoning Hearing Board, all Charleston Township ordinances, and the operator's application to the Township. If the Township determines that an operator is conducting food truck operations in violation of any Township ordinances, conditions and requirements of the Zoning Hearing Board, or the operator's application, the Township may revoke the operator's permit by sending the operator a written notice setting forth the violations, and the operator shall immediately cease food truck operations. Any person who violates any provision of this subsection shall, upon a finding of violation, be subject to a fine of not less than $50 nor more than $1,000, plus costs. Each and every day that a violation exists shall constitute a separate offense. The provisions of this section shall not apply to food truck operations or similar food stand operations that are part of fairgrounds or other public venues, such as the Whitneyville Fairgrounds.
[Added 11-1-2021 by Ord. No. 160]
(a)
Food truck operations shall be limited to properties that have already been granted a special exception for commercial use.
(b)
Food truck operations are permitted only on private property. The operator of the food truck must submit written proof of either ownership or permission of the owner of record of the property on which food truck operations are being conducted with their application.
(c)
The minimum area for food truck operations shall be 35 feet by 15 feet. Each application shall include a map showing the boundaries of the property, the location of the food truck and the food truck area, and shall include relevant distances to enable the Township to determine compliance with setbacks and other distance provisions of any applicable ordinances.
(d)
Food trucks shall be a minimum of 200 feet from the nearest operational non-food-truck restaurant, school, house of worship, or occupied residence.
(e)
In addition to signs painted on or affixed to the food truck, each food truck may display one sandwich board/sidewalk type of sign.
(f)
Each food truck shall have at least one trash receptacle within 50 feet of the truck. The operator shall be responsible for the maintenance of the trash receptacle and the proper disposal of the trash deposited therein.
(g)
If any tables are provided for customers their size and location must be depicted on the above-referenced map, and the minimum area required for food truck operations may be increased as determined by the Township.
(h)
The operator of each food truck must provide proof of compliance with any required permits, licenses and taxes, and current vehicle registration, inspection, and insurance.
(i)
All equipment and operations must be contained within the food truck, with no objects or structures associated with food truck operations placed outside the food truck, except for permitted signage, trash receptacles, or customer tables.
(j)
Hours of operation are limited to 8:00 a.m. through 9:00 p.m.
(k)
The following are specifically prohibited from food truck operations:
[1]
The sale or distribution of alcoholic beverages;
[2]
Amplified music or use of any loudspeakers or similar noise amplification;
[3]
Exterior lighting, excluding lighting within the food truck associated with food preparation and menu illumination, or lighting associated with street use as a moving vehicle; and
[4]
Any operations that obstruct the flow of pedestrians or vehicles.
§ 300-404 Lot area, width, yard, building height and coverage regulations.
The minimum lot area, minimum lot width, minimum front yard, minimum side yard, minimum rear yard, maximum building height and maximum lot coverage for each permitted and special exception used shall be those set forth in the schedule appearing in this chapter and titled "Minimum Lot Area, Lot Width and Yard Requirements, and Maximum Building Height and Lot Coverage Requirements."[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 300-405 Off-street parking, loading and unloading regulations.
A.
General regulations.
(1)
Off-street parking, loading and unloading facilities shall be provided to lessen congestion in the streets. The facilities required herein shall be available throughout the hours of operation of the particular business or use for which such facilities are provided. As used herein, the term "parking space" includes either covered garage space or uncovered parking lot space located off the public right-of-way.
(2)
All parking spaces shall be ample in size for the vehicles for which use is intended. The net parking space per vehicle shall be not less than 10 feet wide and 20 feet long. Outdoor parking spaces, and the approaches thereto, shall be paved, or covered with gravel or cinders. Such outdoor parking spaces shall be deemed to be part of the open space of the lot on which it is located.
(3)
A garage or carport may be located wholly or partly inside the walls of the principal building, or attached to the outer walls. If separated from the principal building, the garage shall conform to all accessory building requirements. The garage may be constructed under a yard or court. The space above an underground garage shall be deemed to be part of the open space of the lot on which it is located.
(4)
Parking spaces may be located on a lot other than that containing the principal use with the approval of the Zoning Hearing Board.
(5)
Surfacing. Any off-street parking area shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as a gravel, concrete or bituminous concrete surface, and shall be so arranged as to provide for orderly and safe parking and storage of vehicles.
(6)
Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining premises and public right-of-way.
(7)
There shall be adequate provision for ingress and egress to all parking and loading spaces designed for use by employees, customers, delivery services, sales people and/or the general public. Where a parking or loading area does not abut on a public right-of-way, or private alley or easement of access, there shall be provided an access drive per lane of traffic not less than 12 feet in width per lane of traffic; and not less than 18 feet in width in all cases where the access is to storage areas or loading and unloading spaces required hereunder.
B.
Parking facilities required. Any structure or building hereafter erected, converted, or enlarged for any of the following uses, or any open area hereafter used for commercial purposes, shall be provided with not less than the minimum spaces, as set forth below, which spaces shall be readily accessible to the uses served thereby. Fractional numbers of parking spaces shall be increased to the next whole number.
(1)
Residential parking:
(a)
All residential units shall be provided with two off-street parking spaces per dwelling unit.
(b)
Residential conversion units shall be provided with a minimum of one parking space per dwelling unit. The required parking shall not be located between the street right-of-way line and the front building line.
(c)
Boardinghouses or rooming houses, hotels, motels, and tourist houses. At least one parking space for each guest room. If a restaurant in connection with the above is open to the public, the off-street parking facilities shall not be less than those required for restaurants, in addition to those required for guest rooms.
(2)
Commercial parking:
(a)
Theaters, auditoriums, churches, schools, stadiums or any other place of public or private assembly. At least one parking space for each three seats provided for public or private assembly.
(b)
Retail stores and other places for trade or business. One vehicle space for each 200 square feet of floor area for public use.
(c)
Food markets and grocery stores. One vehicle parking space for each 100 square feet of floor area for public use.
(d)
Restaurant, tearooms and cafeteria including taprooms, taverns and night clubs. One vehicle space for each 50 square feet of floor area for public use.
(e)
Bowling alley. Five vehicle spaces for each alley.
(f)
Office building. At least one parking space for each 200 square feet of floor area or fraction thereof.
(g)
Public garages, automobile and gasoline service stations. At least one parking space for each 200 square feet of floor area, or fraction thereof, devoted to repair or service facilities, and one space for each employee on the largest shift. This shall be in addition to the space allocated for the normal storage of motor vehicles. No parking shall be permitted on the public rights-of-way.
(h)
Hospitals and sanitariums. At least one parking space for each three beds. Such spaces shall be in addition to those necessary for doctors, administrative personnel and other regular employees. One parking space shall be provided for each employee on the largest shift.
(i)
Other commercial buildings. At least one parking space for each 400 square feet of floor area, or fraction thereof, except when otherwise authorized as a special exception consistent with the principals set forth herein for comparable buildings.
(j)
Drive-in dairy and restaurants. Provisions for parking for drive-in facilities must meet with the approval of the Planning Commission and no parking on the public right-of-way shall be permitted.
(k)
Dance halls, roller rinks, clubs, lodges and other similar places. At least one parking space for each 200 square feet of floor area.
(l)
Swimming pool. At least one parking space for each three persons for whom facilities for dressing are provided; or at least one parking space for every 12 square feet of water surface, including areas for swimming, wading and diving, whichever requirement is the greater.
(n)
Mortuaries, funeral homes and undertaking establishments. At least one parking space for each 100 square feet of floor area for public use. Such space shall be in addition to a) employee parking needs; and b) a service area for mobile equipment, such as hearses and ambulances.
(o)
Home occupations. At least one for the resident, one for each nonresident employee and two for patron use.
(3)
Industrial parking. This subsection shall apply to industrial expansion and industrial installations erected after the effective date of this chapter. Off-street parking shall be provided on the premises in accordance with the following schedule:
(a)
Industrial and manufacturing establishments. One vehicle parking space for each two employees on the combined major and next largest shift.
(b)
Truck terminals and wholesale warehouses. One parking space for each two employees on the combined major and next largest shift.
(c)
Visitors and salesmen. Space shall be provided in addition to the above parking requirements according to specific needs.
C.
Loading and unloading space:
(1)
In addition to the off-street parking space required above, any building erected, converted or enlarged for commercial, office building, manufacturing, wholesale, hospital or similar uses shall provide adequate off-street areas for loading and unloading of vehicles. The minimum size loading space shall be 50 feet in depth, 12 feet in width, with an overhead clearance of 14 feet.
(2)
All commercial and industrial establishments shall provide loading and unloading and commercial vehicle storage space adequate for their needs. This required space will be provided in addition to established requirements for patron and employee parking.
(a)
In no case where a building is erected, converted or enlarged for commercial, manufacturing or business purposes shall the public rights-of-way be used for loading or unloading of materials.
D.
Access to off-street parking and loading areas. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well defined separate or common entrances and exits and shall comply with the following provisions:
(1)
Access drives shall not open any public right-of-way within 80 feet of the nearest right-of-way line of any intersecting public street or highway.
E.
Parking and loading area setbacks. All nonresidential parking and loading areas and parallel circulation and service lanes shall be separated from the paving edge of a public thoroughfare or adjoining property line by a planting strip at least 20 feet in depth, unless adjoining owners mutually agree to common facilities subject to greater setbacks as may be required by the Zoning Hearing Board.