Charlestown Township
City Zoning Code
City Zoning Code
PART 18
ADMINISTRATION
§ 27-1801 Enforcement.
[Ord. 6/20/1979]
There shall be a Zoning Officer who shall be appointed by the Board of Supervisors and whose duty it shall be, and he/she is hereby given the power and authority to enforce the provisions of this chapter. He/She shall examine all applications for permits, issue permits only for construction and uses which are in accordance with the requirements of this chapter, record and file all applications for permits with any accompanying plans and documents which are matters of public record, and make such reports as the Board of Supervisors may require. Permits for construction and uses which are a variance from the requirements of this chapter shall be issued only upon order of the Zoning Hearing Board. Permits for construction and uses which are conditional uses, shall be issued only upon order of the Board of Supervisors. The Zoning Officer shall not hold any elective office in the Township.
§ 27-1802 Requirement of Building Permits.
[Ord. 6/20/1979]
A building permit shall be required prior to the erection or alteration of, or addition to any building or other structure or portion thereof. It shall be unlawful for any person to commence work for the erection or alteration of, or addition to any building or other structure or portion thereof until a building permit has been duly issued.
§ 27-1803 Applications for Building Permits.
[Ord. 6/20/1979]
All applications for building permits shall be made in writing on forms furnished by the Township and shall be accompanied by a plot plan drawn to scale, showing the exact size and location of any buildings or other structures existing on the lot in question or upon abutting land within 50 feet of the side and rear lot line of such lot, and, the lines within which the proposed building or other structure shall be erected or altered. In addition, there shall be included with the applications such other plans, documents, and information as may be necessary to enable the Zoning Officer to ascertain compliance with this chapter and all other pertinent ordinances.
§ 27-1804 Issuance of Building Permits.
[Ord. 6/20/1979]
No building permit shall be issued until the Zoning Officer has certified that the proposed building, structure or alteration complies with the provisions of this chapter and other applicable statutes, regulations and ordinances, including the highway entrance regulations of the Pennsylvania Department of Transportation and the Township. A building permit, once issued, shall be posted on the property. Upon completion of the erection, addition to, or alteration of any building, structure, or portion thereof authorized by any building permit obtained in compliance with this chapter, and prior to use or occupancy, the holder of such permit shall notify the Zoning Officer of such completion. Use and occupancy shall not be authorized until the Zoning Officer has certified that the work has been inspected and approved as being in conformity with this and other applicable ordinances, and has issued a use and occupancy permit as provided below.
§ 27-1805 Requirement of Use and Occupancy Permits.
[Ord. 6/20/1979; as amended by Ord. 63-1992, 4/20/1992, § 1]
1.
A use and occupancy permit shall be required prior to any of the following:
A.
Use and occupancy of any building or other structure hereafter erected or altered, for which a building permit is required.
B.
Change in use, occupancy, re-occupancy, change of tenancy or change of ownership of any nonresidential land, building or structure, or any part thereof.
C.
Use of land or change in the use thereof, except that the placing of vacant land under cultivation shall not require a use and occupancy permit.
D.
Change in use or extension of a non-conforming use.
2.
It shall be unlawful for any person to use or occupy any building or other structure or land until a use and occupancy permit, if required, has been duly issued.
§ 27-1806 Applications for Use and Occupancy Permits.
[Ord. 6/20/1979]
All applications for use and occupancy permits shall be made in writing on forms furnished by the Township and shall include all information necessary to enable the Zoning Officer to ascertain compliance with this chapter.
§ 27-1807 Issuance of Use and Occupancy Permits.
[Ord. 6/20/1979; as amended by Ord. 159-2010, 10/4/2010, § 8]
No use and occupancy permit shall be issued until the Zoning Officer has certified that the proposed use complies with all the provisions of this chapter. Pending completion of a building or of alterations thereto, a temporary use and occupancy permit may be issued by the Zoning Officer for a temporary occupancy which would not in any manner jeopardize life or property.
§ 27-1808 Issuance or Refusal of Permits.
[Ord. 6/20/1979]
If the Zoning Officer determines that an application is in compliance with the provisions of this chapter, it shall be his/her duty to issue the appropriate permit; and, if he/she determines that an application is not in compliance with the provisions of this chapter, it shall be his/her duty to refuse the permit, in which case, he/she shall instruct the applicant in the method of appeal or application to the Zoning Hearing Board, or the Board of Supervisors, whichever is applicable. No permit shall be issued to any applicant until any and all fees incurred, which are payable to the Township, are paid.
§ 27-1809 Standards for Approval of Conditional Uses by the Board of Supervisors.
[Ord. 6/20/1979; as amended by Ord. 73-1996, 10/21/1996, § 2; and by Ord. No. 210-2019, 11/4/2019]
1.
In evaluating an application to the Board of Supervisors for a conditional use, the Board of Supervisors shall require the applicant to provide a narrative report along with all necessary information to demonstrate that:
A.
The proposed use is consistent with the purpose of the Part whereby it is permitted and the overall purpose of this chapter as contained in § 27-102, and all applicable provisions of the Zoning Ordinance.
B.
The proposed use will satisfy all of the provisions and requirements of the Charlestown Township Subdivision and Land Development Ordinance of 1982 [Chapter 22], as amended, and any other applicable ordinances and codes.
C.
The proposed use and its location are consistent with the Comprehensive Plan, including the Parks, Recreation, Open Space and Trails Plan, as well as the Act 537 Sewage Facilities Plan and the Act 209 Transportation Plan.
D.
The proposed use will not have an adverse effect on the health, safety, morals, and general welfare of the Township.
E.
The proposed use is consistent with the nature of the uses existing on any immediately adjacent lots.
F.
The proposed use will not detract from the value of the land of neighboring properties or cause harm to neighboring lots and will be maintained in a manner in keeping with the character of the neighborhood.
G.
The proposed use is consistent with the logical extension of public services, and will not measurably affect the public services and utilities of the surrounding properties.
H.
Any proposed construction will be in accordance with sound design principles and sound engineering and land development practices, and is in keeping with the character of any existing construction within the neighborhood.
I.
The proposed use will provide safe and adequate access to roads and public services (existing or proposed) and will not result in excessive traffic volumes or congestion, or will make any improvements needed to guarantee compatibility with adjacent roads and public services.
J.
The proposed use will provide for adequate sanitation and water supply, including, where applicable, public sewer or private individual on-lot sewage disposal, and public water or private individual water supply.
L.
The proposed use will provide for adequate parking according to Part 13.
M.
The proposed use will provide for adequate signage according to Part 14.
N.
The proposed use will provide for adequate environmental controls in accordance with § 27-1617, such as lighting control, sound control, and the minimization of the potential effects of any offensive or hazardous elements or substances.
O.
The proposed use will minimize adverse impacts within the Flood Hazard District.
P.
The proposed use will minimize adverse impacts within the Steep Slope Conservation District.
Q.
The proposed use will utilize effective stormwater management techniques, and soil erosion and sedimentation control techniques, in accordance with prevailing regulations.
§ 27-1810 Securing of Historic Structures; Requirement of Demolition Permit.
[Ord. 6/20/1979; as amended by Ord. 104-2002, 8/19/2002, § 1; and by Ord. 127-2004, 12/20/2004, §§ 2, 3]
1.
All historic structures shall be maintained to prevent demolition of the structure by the intrusion of the elements of weather, and demolition caused by persons or the hazards of fire and explosion. All vacant or abandoned historic structures shall be made weather-tight and secure from intruders at all times by, at a minimum, boarding windows and doors and patching, repairing and covering siding and roofs.
2.
A demolition permit shall be required for the partial or total demolition, including demolition by neglect, of any historic structure located within the Township.
3.
A historic structure is defined as any structure identified on the Historic Resource Map (Map 14) of the Township's Comprehensive Plan as amended. All applications for a demolition permit shall be made in writing on forms furnished by the Township. Upon receipt of an application for a demolition permit, the Zoning Officer shall forward to the Chairman of the Board of Historical and Architectural Review, a copy of the application for the demolition permit together with all other documents, photographs and materials filed by the applicant as part of the application.
4.
The application for a demolition permit set forth herein shall be subject to the procedures, requirements and criteria set forth in §§ 27-708, 27-709, 27-710, 27-711 and 27-712 of this chapter, as amended, except that the references to the "Charlestown Village Historic District" shall be deleted. The provision in Part 7 of this chapter regarding the application for a demolition permit within the Charlestown Village Historic District shall be unchanged.
§ 27-1811 Standards and Criteria for Group Homes.
[Added by Ord. No. 210-2019, 11/4/2019]
1.
A dwelling may be used for a group home where the Board of Supervisors determines that it will have no greater impact on the surrounding neighborhood than a family. A group home shall have the generic character of a family and be a relatively permanent household and not a framework for transients or transient living.
2.
Residents of the group home shall remain in residence for a period of at least six months, and a change of residence shall not routinely occur except in cases of death, extended illness, disability, or recovery from the original conditions that caused the person to be eligible for residency in a group home.
3.
Residents of the group home shall maintain a single household with shared use of rooms, except bedrooms, and shared mealtimes and housekeeping responsibilities.
4.
The applicant shall present a plan and program to indicate provision of twenty-four-hour care and supervision adequate to prevent vandalism, disorderly conduct or any other antisocial behavior on the part of the residents.
5.
The applicant shall demonstrate how the property will be maintained to prevent disrepair, overgrowth of weeds, accumulation of trash, debris and like conditions which might lead to health hazards or diminution of property values.
6.
The use shall not create an increase in traffic or parking from that generated by a family unit.
7.
All parking for supervisors, employees, residents, guests, and visitors shall be off street.
8.
The group home shall be licensed and operated by the Department of Public Welfare or by any other state agency or department pursuant to statutory authority.
9.
A group home shall not have more than four residents, excluding foster parents and staff.
10.
No group home shall be allowed within 1/2 mile from any other group home.
11.
A group home shall be permitted only in a single-family dwelling and not in any other type of structure.
12.
No commercial cooking shall occur on the premises.
13.
All off-street parking regulations of Part 13 shall apply.