Charlestown Township
City Zoning Code
City Zoning Code
PART 4
FR-FARM RESIDENTIAL DISTRICT
§ 27-401 Purpose.
[Ord. 6/20/1979; as amended by Ord. 116-2004, 3/1/2004, § 2]
The Farm Residential District contains various critical environmental areas, and soils which are highly suitable for the cultivation of crops. The purpose of the District is: to encourage the use of prime agricultural soils for cultivation, to conserve critical environmental areas, and to limit the sprawling effect of development by encouraging the conservation of open space through a more compact arrangement of lots and buildings. The use of on-site domestic waste disposal is encouraged where appropriate in order to replenish the supply of groundwater. This District is within the zone of low groundwater capability (0-10 gpm) and the zone of severe to moderate soil limitations for on-site sanitary sewer systems.
§ 27-402 Use Regulations.
[Ord. 6/20/1979; as amended by Ord. 112-2003, 11/17/2003, § 2; by Ord. 115-2004, 2/23/2004, § 2; and by Ord. 116-2004, 3/1/2004, § 2]
1.
A building or other structure may be erected, altered, or used, and a lot may be used and/or occupied, subject to Parts 11 and 12, for the following:
A.
Permitted Principal Uses.
(2)
One single-family detached dwelling per conventional lot on an undeveloped, approved and recorded lots, in accordance with § 27-405, existing on January 1, 2004.
(3)
One single-family detached dwelling per conventional lot on tracts of less than 10 acres, in accordance with § 27-405, existing on January 1, 2004.
(4)
Single-family detached dwellings on tracts developed pursuant to the open space development provisions, in accordance with § 27-404, on tracts 10 acres or greater.
(5)
Municipal use.
(6)
Equestrian accessory use, not including an equestrian academy.
[Added by Ord. No. 214-2021, 4/5/2021]
B.
Permitted Accessory Uses.
(1)
Customary accessory agricultural and residential uses and buildings.
(2)
Private swimming pools, subject to the provisions of Part 16.
(3)
The sale of farm products provided such products are produced on the property, subject to the provisions of Part 16.
(4)
Parking, in accordance with Part 13.
(5)
Signs, in accordance with Part 14.
C.
Conditional Uses. (Refer to § 27-1809.)
[Amended by Ord. 2015-193, 10/5/2015]
(1)
Public utility structures or facilities, provided that no exterior storage of equipment, no housing of construction or repair crews, no aboveground storage of gaseous or liquid fuel, and no aboveground structures related to pipelines shall be permitted.
[Amended by Ord. No. 210-2019, 11/4/2019]
(3)
Private club for recreation, provided that the principal activity shall not be one which is customarily carried on as a business.
(4)
Short-term lodging, subject to the provisions of § 27-407.
[Amended by Ord. No. 210-2019, 11/4/2019]
§ 27-403 Height Regulations.
[Ord. 6/20/1979; as amended by Ord. 116-2004, 3/1/2004, § 2]
The maximum height of structures erected or enlarged shall be 35 feet, except as provided in Part 16. Except that the height of structures for agricultural uses may be increased to a maximum of 65 feet, provided that for every foot of height in excess of 35 feet, there shall be added to each yard requirement two corresponding feet of width or depth.
§ 27-404 Open Space Development.
[Ord. 6/20/1979; as amended by Ord. 80-1999, 2/1/1999, § 3; by Ord. 89-2000, 8/14/2000, § 1; and by Ord. 116-2004, 3/1/2004, § 2]
1.
Intent. It is the intent of these provisions to:
A.
Minimize disturbance of critical environmental areas such as flood hazard area, high groundwater area, wetlands and wetland buffers, riparian buffers, steep slopes, very steep slopes, prime woodlands, visually sensitive areas, view shed protection areas, and historic and cultural resources.
B.
Retain and protect open space.
C.
Minimize the potential for adverse impacts from new residential development on existing agricultural uses.
D.
Protect existing scenic values by limiting the visual intrusiveness of new residential uses.
E.
Encourage cost-effective, flexible, and environmentally sensitive site planning and development.
F.
Establish design standards for heritage farm complexes and heritage properties that give Charlestown a special character and unique identity.
G.
Allow public use where appropriate.
2.
Conditions of Eligibility. In order to qualify for open space development, the following conditions shall be met:
A.
The minimum tract size shall be 10 acres; provided, however, that two or more properties held in single and separate ownership by the same landowner, each individually less than 10 acres, may be aggregated to form 10 or more acres, as shown on Exhibit A — Candidate Properties for Open Space Development.
B.
(1)
A minimum of 40% of the gross tract acreage shall be permanently set aside as open space in accordance with Part 15.
(2)
On properties containing a historic resource, a single lot comprising 40% of the gross tract area may be provided in lieu of open space. This single large lot must contain the historic resource and shall be permanently deed restricted from future subdivision and land development.
C.
Within the development area, the applicant shall demonstrate that on-lot sewage disposal systems, and on-lot water supply systems can operate and function in a safe and efficient manner. Such systems shall be designed to operate and be maintained to serve the needs of the residents of the development area and to safeguard adjoining properties and residents. If such systems are not feasible, or cannot be demonstrated to operate and function in a safe and efficient manner, alternate systems shall be provided subject to the approval of the Township, county and state.
3.
General Regulations. The design of all open space developments shall be governed by the following minimum standards:
A.
Ownership. The tract to be developed shall be in single and separate ownership or multiple ownership. However, when a tract is held in multiple ownership, it shall be planned as a single entity with common authority and common responsibility.
B.
Site Suitability. As evidenced by the required plans, the tract incorporating this design shall be suitable for supporting development in terms of environmental conditions, and configuration.
C.
Critical Environmental Area Disturbance. The proposed design shall strictly minimize disturbance of critical environmental areas as detailed above. Flood hazard areas, wetlands and wetland buffers, stream valley buffers, and very steep slopes shall not be disturbed. Demonstration by the applicant that these features will be protected by the proposed design shall be a prerequisite to plan approval.
D.
Heritage Farmstead and Heritage Property Retention. The proposed design on properties with historic resources shall focus on retaining the character of the farmstead or homestead complex.
F.
Street Tree Program. All open space developments shall have shade trees along all proposed streets. Such trees shall be planted in naturalistic groupings subject to the approval of the Township.
However, for the purpose of computing the quantity of required street trees, they shall be computed at an interval of 50 feet, along both sides of the street. The street trees shall be comprised of at least two species approved by the Township and shall meet all other requirements of the Subdivision & Land Development Ordinance [Chapter 22].
4.
Density, Area and Bulk Regulations.
A.
Density. The maximum number of dwelling units shall be determined by:
B.
Minimum Net Lot Area.
(1)
A net lot area of not less than 40,000 square feet shall be provided for every single-family detached dwelling, except as described in Subsection 4B(2) below.
(2)
The lot area for historic resource properties is encouraged to be sized to encompass the complex of buildings (house, barn, outbuildings) for the historic site(s). In order to encourage the protection of historic resources, 40% of the gross tract area may be incorporated into a larger "farmstead" or "homestead" lot containing the historic resource, in lieu of the 40% open space requirement. A "farmstead" or "homestead" lot shall be permanently restricted from future subdivision and development in a manner acceptable to the Township.
C.
Minimum Lot Width at Building Line. A lot width of 110 feet at the building line shall be provided for every dwelling.
D.
Minimum Lot Width at Street Line. A lot width of 50 feet at the street line shall be provided.
E.
Minimum Depth of Front and Rear Yards. There shall be a front yard and rear yard on each lot. The front yard shall have a minimum depth of 30 feet. The rear yard shall have a minimum depth of 50 feet.
F.
Minimum Depth of Side Yards. On each lot there shall be two side yards having an aggregate width of 40 feet; neither side yard shall have a width of less than 15 feet. On each corner lot there shall be two side yards, each of which shall have a width of not less than 30 feet.
G.
Maximum Impervious Surface and Building Coverage. Not more than 35% of any lot shall be covered by impervious surfaces and not more than 20% of any lot area shall be occupied by buildings and structures.
5.
Height Regulations. The maximum height of buildings and other structures erected or enlarged shall be 35 feet, except as provided in Part 16.
6.
Open Space and Lot Design.
B.
In addition to the ownership provisions of § 27-1506, open space within an open space development may be owned by a homeowners association, the Township, a land trust or conservation organization, or may be on individual residential lots subject to deed restrictions or conservation easement, all of which shall be subject to the approval of the Township.
C.
The open space set aside in open space development shall be maintained in accordance with the provisions of § 27-1506.
D.
The design of open space development shall be consistent with the Charlestown Township Comprehensive Plan in terms of its goals, objectives and strategies, findings and recommendations, and appendices.
F.
The design of lots shall be derived through the land development plan review process by collaborative design between the applicant and the Township.
7.
Additional Standards.
A.
The design of lots shall be evaluated during the land development plan review process based on but not limited to: the location and visual relationships of buildings, hydrology, topography, woodland, open areas, and scenery to the site; and the relationship of the site to its context with surrounding areas.
(1)
Open space development may showcase the farmstead or homestead on a lot consisting of at least 40% of the gross tract area, and position the new, smaller lots in locations subordinate to the farmstead complex or the homestead.
(2)
Open space development may involve the positioning of new, smaller lots in an arrangement that emulates the farmstead complex or the homestead depending on topographic, hydrologic, view shed, and other physical or environmental conditions.
(3)
The determination of placement of new lots, either closer to or farther from the heritage farmstead or homestead, shall be made during the land development plan review process between the applicant and the Township.
§ 27-405 Area and Bulk Regulations for Conventional Lot Development.
[Ord. 6/20/1979; as amended by Ord. 60-1991, 8/12/1991, § 2; and by Ord. 116-2004, 3/1/2004, § 2]
1.
Minimum Lot Area. A lot area not less than four acres shall be provided for agricultural uses and buildings wherein the raising, maintenance and/or breeding of livestock and poultry or other agricultural use is conducted, subject to the provisions of Part 16. A net lot area of not less than 80,000 square feet shall be provided for each single-family detached dwelling or other principal building erected or used for any other permitted principal or conditional use, unless otherwise provided for under open space development provisions, § 27-404.
2.
Minimum Lot Width at Building Line. A lot width of 200 feet at the building line shall be provided for every building or dwelling.
3.
Minimum Lot Width at Street Line. A lot width of 50 feet at the street line shall be provided.
4.
Maximum Impervious Surface and Building Coverage. Not more than 20% of the lot area shall be covered by impervious surfaces and not more than 10% of any lot area shall be covered by buildings and structures.
5.
Minimum Depth of Front and Rear Yards. There shall be a front yard and a rear yard on each lot, neither yard having a depth of less than 75 feet. Agricultural uses and buildings used for housing livestock or poultry or for other agricultural uses, shall have 100 feet as the minimum depth of front and rear yards.
6.
Minimum Depth of Side Yards. On each lot there shall be at least two side yards having an aggregate width of 100 feet; neither side yard shall have a width of less than 50 feet. On each corner lot there shall be two side yards: the side yard abutting a street shall have a width of not less than 75 feet and the side yard not abutting the street shall have a width of not less than 50 feet.
§ 27-406 Requirements for Development of 10 or More Acres With Single-Family Detached Dwellings on Conventional Lots.
[Ord. 6/20/1979; as amended by Ord. 116-2004, 3/1/2004, § 2]
1.
The proposed development shall conform to all standards and criteria for conditional uses in § 27-1809, and all other articles, sections, ordinances, and regulations referred to therein.
2.
The area and bulk regulations of § 27-405 shall apply to conventional lot development, wherein a net lot area of not less than 80,000 square feet shall be provided for each single-family detached dwelling.
3.
The applicant shall demonstrate that a conventional layout of lots will have less cumulative impact than open space development, in terms of less flood hazard area impact, less high groundwater area impact, less wetland and wetland buffer impact, less stream valley buffer impact, less steep and very steep slope impact, less prime woodland impact, less visually sensitive area impact, less view shed protection area impact, and less historic and cultural resource impact.
4.
Where development of less than the entire tract is intended, or where the tract is intended to be developed at less density than conventional lots would permit, the Board of Supervisors may require the applicant to file a sketch plan for the entire parcel to illustrate the ability to achieve street access and ingress to and egress from the property, or may require the applicant to restrict further subdivision or land development on the remainder of the tract by recorded covenant or restriction as necessary to implement the intent set forth in Subsection 3.
§ 27-407 Conditional Use Standards and Criteria for Short-Term Lodging.
[Added by Ord. No. 210-2019, 11/4/2019]
1.
Short-term lodging in the FR District shall be in accordance with the following regulations:
A.
The rental room(s) shall be within an owner-occupied single-family detached dwelling.
B.
The rental shall be a minimum of two days, but not to exceed 30 consecutive days to a transient visitor, and not to exceed 120 days throughout a calendar year.
C.
No signs shall be erected to indicate a short-term lodging location.
D.
No exterior changes or modifications to a single-family detached dwelling shall be made in order to accommodate short-term lodging.
E.
The maximum number of adult overnight transient visitors per short-term lodging shall be six.
F.
The owner shall obtain a short-term lodging license from the Township.
G.
The owner shall pay a registration fee to the Township, to be renewed every two years, in accordance with the Charlestown Township Fee Schedule.
H.
The owner shall maintain a database/ledger, indicating the dates when short-term lodging takes place, and the number of persons housed during the rental.
I.
No business meetings shall be permitted during the short-term lodging.
J.
All off-street parking regulations of Part 13 shall apply.
§ 27-408 Permitted Commercial Equestrian Uses.
[Added by Ord. No. 214-2021, 4/5/2021]
2.
Equestrian academy if conducted as follows:
A.
Applicable District: FR - Farm Residential District.
B.
Minimum lot size: 20 acres.
C.
Maximum building coverage: not more than 10% of the lot area shall be covered by principal and accessory buildings.
D.
Indoor riding arena: not to exceed 25,000 square feet in building area.
E.
Maximum impervious surface coverage: not more than 20% of the lot area shall be covered by impervious surfaces.
F.
Building setbacks: 150 feet from perimeter property lines.
G.
Riding ring, exercise paddock, jumping area or show area setback: 100 feet from perimeter property lines.
H.
Manure storage setback: 250 feet from perimeter property lines, and 150 feet from watercourses.
I.
Maximum number of horses sheltered at an equestrian academy: the lesser of a) 16 horses for the first 20 acres, and one additional horse for every acre of gross lot area above the minimum 20 acres, not to exceed a total of 16 horses for every 20 acres above the minimum, or b) the number permitted by § 27-1615.
J.
Signage: See Part 14.
M.
Parking. In addition to the regulations in Part 13, the following shall apply:
(1)
There shall be one parking space for each employee of an equestrian academy on the shift of greatest employment, plus graded space sufficient for the equivalent of 0.75 of a parking space for each horse stabled at the equestrian academy, and graded space sufficient for the equivalent of five parking spaces for horse trailers that shall measure at least 12 feet wide by 28 feet deep. Graded space shall be in accordance with the design standards in Part 5 of the Subdivision and Land Development Ordinance, and the regulations for off-street parking in Part 13 of the Zoning Ordinance.
(2)
Parking, whether on paved or unpaved surfaces, shall be set back at least 100 feet from perimeter property lines.
(3)
No equestrian event shall permit attendance in excess of the available on-site parking.
N.
Hours of operation: 7:00 a.m. to 9:00 p.m. for scheduled activities with spectators.