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.
For the purposes of this chapter the Township of Charleston,
Tioga County, Pennsylvania, is hereby designated as an Agricultural
Residential District.
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.
(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.
(9)
Mobile home park, subject to Chapter
235, Article
IX, of the Charleston Township Code.
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.
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:
(a)
The lot contains a minimum frontage of 150 feet and an area
of one acre (43,560 square feet).
(b)
The architecture of the structure is in keeping with the general
residential character of the neighborhood.
(c)
Off-lot sewer service and off-lot water service are provided.
(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.
(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.
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."