Borough of Charleroi, Penn., Code §§ 338-406.21, 406.22 (curent through Dec. 27, 2016)
Brief Summary
Provides standards and definitions for urban agriculture, including urban agriculture (limited) uses, which allows beekeeping but not chicken keeping, and accessory uses, which allows both beekeeping and keeping of chickens. Structures are allowed for both uses; for the "limited" use, processing of products grown on site is not allowed.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Food System Category: Grow
State: Pennsylvania
Jurisdiction Type: Other
Jurisdiction Name: Charleroi
Does the law refer to priority populations in some way?
Unclear. A stated purpose of the zoning code is to "Distribute land uses to meet the physical, social, cultural, economic, and energy needs of present and future populations." § 338-105(A)(1).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Refers to protecting public health, safety, morals, and general welfare. § 334-104(A).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
Yes. One purpose of zoning code is "Preservation of environmental features, including forest, wetlands, aquifers, prime agricultural land, steep slopes, and floodplains as deemed appropriate." § 334-104(L).
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. One purpose of zoning is to "Provide for land uses that serve important public needs including a variety of housing options and employment generators." § 338-105(A)(3).
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. These regulations are adopted in accordance with the MPC, community development objectives and the comprehensive plan. The purpose of this chapter is to promote, protect and facilitate any of the following: (1) Public health, safety, morals, and general welfare, (2) Coordinated and practical community development, .... § 338-104. See also § 338-105 (community development objectives).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. § 338-202 (urban agriculture definitions).
Does the law address implementation in some way?
Yes. The Zoning officer's duties include: "administering this chapter ..., including to receive and examine all applications ... and issue or refuse permits ..., conduct inspections to determine compliance, and receive complaints of violation ...." and keeping of records. § 338-1010(B). "The Borough Council shall establish and revise, from time to time, a schedule of fees by resolution, as well as a collection procedure, for all applications submitted under the provisions of this chapter. The schedule of fees shall be available to the public from the Zoning Officer or Borough Manager." § 338-1008.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Fines up to $500, plus all court costs, including reasonable attorneys' fees; or a fine of not more than the maximum permitted under Pennsylvania law. "Under default of payment of imposed fines, the offender may be imprisoned for a term not to exceed 90 days." § 338-1007.
Does the law include an evaluation component, beyond reporting on activity?
Does the law require an extra or atypical financial or resource investment?
Code context and ordinance history
Chapter 338 (Zoning), Article IV (Express Standards and Criteria for Special Exemptions and Conditional Uses), Sections 338-406.21 and 406.22 (Urban Agriculture and Limited/Urban Agriculture, Accessory Use). History: Adopted as part of an ordinance adopted by the Borough Council of the Borough of Charleroi 5-12-2016 by Ord. No. 1015.