A. 
A fence or freestanding wall may be erected within the limits of any yard. The height of any fence or wall shall be limited to six feet in a residential district; a fence which is no more than four feet high may be erected in any residential front yard, eight feet in a commercial district and 10 feet in an industrial district. Retaining walls and private terraces without walls, roofs or other enclosures may be erected to greater height up to a fifty-percent increase for that district. Fences erected around tennis courts, basketball courts, backstops and similar recreational facilities are exempt from height limitations. Within any residential district, no enclosure shall be permitted that causes physical harm, such as barbed wire or electric fences and razor, spike or broken glass-topped fences and walls, etc.
[Amended 9-10-2018 by Ord. No. 430-18]
B. 
Where any multifamily dwelling abuts any single-family district, the owner of the multiple-family dwelling shall, before using said property, construct a fence or wall not less than four feet and not over six feet in height, of such design, construction and location as to substantially impair passage by persons or pets from such multifamily dwelling to and from such single-family use.
C. 
Every swimming pool with a surface area of at least 75 square feet or a depth of two feet or more shall be enclosed by a fence or wall not less than five feet high to prevent uncontrolled access by small children.
D. 
In all industrial districts, there shall be required a greenbelt area 20 feet in width adjacent to any residential district for all industrial establishments or buildings which have not gone into operations at the time of enactment of this chapter within one year of the issuance of a building permit. The greenbelt area shall be comprised of at least three rows of relatively closely planted trees or shrubs. The individual rows shall contain the following plantings as a minimum: the row immediately adjacent to any residential district, evergreen type trees or shrubs placed such that at maturity said evergreens will touch each other; middle row, soft wood type trees spaced at no more than 20 feet apart; the row immediately adjacent to the industrial district, hardwood-type trees spaced at no more than 40 feet apart. Existing wooded areas may be used as a greenbelt area, if approved by the Planning Commission. The evergreen row immediately adjacent to a residential district may be substituted by a visually solid fence, if approved by the Planning Commission. Industrial district property abutting public road rights-of-way are not required to provide a greenbelt area along said property lines. Greenbelts shall be maintained and kept in proper appearance by the owners of the industrial establishments.
Garage sales, as defined in this chapter, shall be permitted from any structure no more than two times per year. The total number of calendar days per year that such sales can be conducted from one residence or other structure shall be limited to 10 days. Temporary signs may be permitted for garage sales; however, all garage sale-related signs must be removed immediately upon completion of the garage sale. A zoning certificate shall be required, for length of time and number and location of temporary signs, before any such sales are permitted to operate.
Off-street loading and parking spaces, as defined in this chapter, shall be provided in accordance with the specifications in this section, in all districts except in the C-1 District, whenever any new use is established or an existing use is enlarged.
A. 
Off-street loading. Every building or use which requires the receipt or distribution by vehicles of material, merchandise and/or customers shall provide off-street loading berths in accordance with the table below. Each loading space shall be not less than 12 feet in width, 35 feet in length, and 14 feet in height.
Uses
Square Feet of
Floor Area
Required
Off-Street
Loading Berths
Schools
15,000 or more
1
Undertakers and funeral parlors
5,000
1
For each additional 5,000 or major fraction thereof
1
Hotels and offices: commercial, whole-sale, manufacturing and storage
10,000 or more
10,000 to 25,000
25,000 to 40,000
40,000 to 60,000
60,000 to 100,000
1
1
2
3
4
For each additional
1
50,000 or major fraction thereof
additional
Hospitals (in addition to space for ambulance)
10,000 to 300,000
For each additional
300,000 or major fraction thereof
1
1
additional
B. 
Off-street parking.
(1) 
Size and access. Each off-street parking space shall not be less than 10 feet in width and 20 feet in length, exclusive of access drives or aisles, and be in usable shape and condition. Except in the case of single-family dwellings, no parking area shall contain less than three spaces. There shall be adequate ingress and egress to all parking spaces. Parking area shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto any roads which are classified arterial or collector. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall not be less than 15, nor more than 30 feet wide. Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of street or alley.
(2) 
Number of parking spaces required. The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.
Off-street Parking Space Requirements
Uses
Required Parking Spaces
Animal hospital and boarding of animals
1 for each 5 kennels, minimum 3 spaces
Automobile sales and services garages
1 for each 400 square feet of floor area
Banks or professional offices
1 for each 100 square feet of floor area
Bowling alleys
5 for each alley
Car washes
5 for each wash line
Churches or schools
1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater
Community building and social halls
1 for each 50 square feet of floor area
Driving ranges and miniature golf
1 for each tee
Dwellings
2 for each family or dwelling unit, including space in garage
Food supermarkets
1 for each 100 square feet of floor area
Funeral homes, mortuaries
10 for first parlor, 5 for each additional parlor
Furniture or appliance stores
1 for each 100 square feet of floor area
Hospitals, nursing or convalescent homes
1 for each 2 beds
Hotels and motels
1 for each living or sleeping unit
Manufacturing plants, research testing laboratories
1 or for each 500 square feet of floor area
Medical or dental offices
10 for each doctor or dentist
Restaurants, taverns and nightclubs
1 for each 2.5 seats
Retail stores and shops
1 for each 100 square feet of floor area
Rooming, housing and dormitories
1 for each 2 bedrooms
Service stations
4 for each service bay
Sports arenas, auditoriums, theaters, assembly halls
1 for each 3.5 seats
Trailer or monument sales
1 for each 2,500 square feet of lot area
Wholesale establishments
1 for each 2 employees on shift. The total parking area shall not be less than 25% of the building floor area.
(3) 
Location of the parking areas. Required parking spaces shall be located on the same lot with the principal use. The Planning Commission may permit parking spaces to be located on any lot wholly within 300 feet from the lot of the principal use if located in the same zoning district as the principal use, and the Planning Commission finds that it is impractical to provide parking on the same lot with the principal use.
(4) 
Screening. Off-street parking areas for more than five vehicles, and off-street loading areas, shall be effectively screened on each side which adjoins any residential district with a four-foot visually solid fence.
(5) 
Minimum distances and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than 10 feet to any adjoining property.
(6) 
Surfacing. With the exception of single-family dwellings and drive-in theaters, all parking areas shall have a paved surface with cement, asphalt or tar and chip, which is graded and drained to dispose of all surface water, and designed to provide for orderly and safe loading and parking.
Primarily commercial activities such as a bakery, candy, pastry, confectionery or ice cream retail sales establishment which has minor manufacturing directly associated with the retail sales is permitted in the C-1 and C-2 Districts, provided that the following requirement is met:
A. 
Not more than five persons shall be employed during any one shift in the manufacturing portion of the business.
A. 
Service stations. A service station, as defined in this chapter, shall meet the following additional requirements: no street entrance or exit for vehicles, and no portion or equipment of such service station shall be located within 200 feet of any school, park or playground conducted for and attended by children, or within 100 feet of any hospital, church or public library, or within 75 feet of a lot in a residence district as established in this chapter. No equipment above the surface of the ground for the service of motor vehicles shall be closer than 30 feet to any street line or highway, nor closer than 15 feet to any property line.
B. 
All drive-in uses. The width of any entrance driveway leading from the public street to a service station or other drive-in facility, as defined in this chapter, shall not exceed 30 feet at its intersection with the curbline or edge of pavement. No two driveways leading from a public street to a service station or other drive-in use shall be within 30 feet of each other at their intersection with the curb or street line. Parking and vehicle access shall be so arranged that motorists are unable to back over sidewalks or into streets.
Junkyards, as defined in this chapter, are permitted in the M-1 District, if the following requirements are met:
A. 
In addition to those requirements specified in § 72-30, Walls, fences and screening, junkyards shall be completely screened on all sides with a visually solid fence or wall at least eight feet in height and not more than 10 feet in height.
B. 
All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height of more than six feet, or the height of one vehicle.
C. 
No oil, grease, tires, gasoline, interiors of vehicles or other similar material shall be burned at any time.
D. 
Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vectors.
A zoning certificate may be given by the Zoning Officer, for a period not to exceed one year, for nonconforming uses incidental to housing and construction projects in any district and including, but not limited to, such structures and uses as storage of building supplies, machinery or a real estate office located on the tract being offered for sale, provided that such permits are issued only upon agreement by the owner to remove the structure upon the final expiration of the permit and discontinue the use or uses. Such permit may be renewed for one additional year by the Borough Council after recommendation of the Planning Commission.
No use, land or structure in any district shall involve any element or cause any conditions that may be dangerous, injurious, or noxious to any other property or persons in Lake City Borough. In cases involving performance standards, the Planning Commission may require a plan of the proposed construction or development, a description of machinery proposed, and techniques to be used, and Borough Council may obtain qualified expert consultants to testify as to whether a proposed use will conform to the performance requirements. The cost of such service shall be borne by the applicant. Furthermore, every use of land or structure in any district must observe the following performance requirements:
A. 
Fire protection. Fire protection and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
B. 
Electrical disturbances. No activity shall cause electrical disturbances adversely affecting radio or other equipment in the neighboring area.
C. 
Noise. Noise which is determined to be objectionable because of volume or frequency shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes, which shall be exempt from this requirement. Objectionable noise levels shall be construed as being those in excess of 60 dB at the property line.
D. 
Smoke. The maximum amount of smoke emission permissible shall be determined by the use of the Standard Ringlemann Chart issued by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed.
E. 
Odors. In any district no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. This shall not apply to any form of fertilizer in districts where agriculture is a permitted use.
F. 
Air pollution. No pollution of air by fly ash, dust, vapors or other substance shall be permitted which is harmful to the health, or to animals, vegetation or other property.
G. 
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or roads shall not be permitted.
H. 
Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. Agricultural activities are exempt from this requirement.
I. 
Water pollution. The method for discharging wastes to public sewers, drains or watercourses shall be acceptable to the State Department of Environmental Protection.
Any land used for a mobile home or mobile home park is subject to the provisions of Chapter 41 of the Lake City Borough Code, entitled "Mobile Homes and Mobile Home Parks."
A. 
Individual mobile homes, as defined in this chapter, are permitted in the R-C District if the following requirement are met:
(1) 
The minimum mobile home width shall be 12 feet;
(2) 
The minimum mobile home length shall be 50 feet excluding the tongue;
(3) 
The mobile home shall be placed on a foundation approved by the Planning Commission; and
(4) 
All lot and yard requirements of the R-C District are met.
B. 
Mobile home parks, as defined in this chapter, are permitted in the R-C District if the following requirements are met:
(1) 
Minimum park frontage: 100 feet.
(2) 
Minimum park setback from street or highway right-of-way: 35 feet.
(3) 
Minimum total area of park: two acres.
(4) 
Minimum mobile home lot size: 5,000 square feet.
(5) 
Minimum distance a mobile home or addition thereto may be placed to any adjoining property: 35 feet.
(6) 
Side and rear lines of mobile home parks which abut an R-A or R-B District within the borough shall be screened with a visually solid fence at least four feet in height.
(7) 
All parks shall be connected to the public sewage treatment plant where such facilities are available within 500 feet.
(8) 
All parks shall be connected to the public water supply where available within 500 feet, and each mobile home and the park proper shall either be metered or pay a minimum water bill as is customary throughout the borough.
(9) 
Not less than 10% of the total gross area of the park must be improved for playgrounds and recreational activities for the residents of the park.
(10) 
All parks shall meet all applicable requirements of Chapter 57 of the Lake City Borough Code, entitled "Subdivision and Land Development."
(11) 
All parks shall comply with Chapter 41, Mobile Homes and Mobile Home Parks, as to requirements, street layout and widths and all other matters as set forth therein.
All signs and billboards, as defined in this chapter, require a zoning certificate before being erected and are permitted in the various zoning districts if the following requirements and conditions are met:
A. 
R-A District.
(1) 
One real estate sign with a total sign area that does not exceed four square feet.
(2) 
Garage sale signs with a total area for each sign that does not exceed two square feet (see also § 72-31).
(3) 
Political signs are permitted as follows: Two political signs per lot, each sign no more than four square feet in total area. Such signs shall be removed within five days following a primary or general election.
(4) 
Home occupation signs are prohibited in the R-A District.
(5) 
Self-illuminated signs are prohibited in the R-A District.
(6) 
Moving signs are prohibited in the R-A District.
B. 
R-B District.
(1) 
One real estate sign with a total sign area that does not exceed six square feet.
(2) 
Garage sale signs with a total area for each sign that does not exceed three square feet (see also § 72-31).
(3) 
Political signs as provided in the R-A district.
(4) 
One home occupation sign with a total sign area that does not exceed four square feet.
(5) 
Self-illuminated signs are prohibited in the R-B District.
(6) 
Moving signs are prohibited in the R-B District.
C. 
R-C District.
(1) 
One real estate sign with a total sign area that does not exceed eight square feet.
(2) 
Garage sale signs with a total area for each sign that does not exceed four square feet (see also § 72-31).
(3) 
Political signs as provided in the R-A District.
(4) 
One home occupation sign with a total sign area that does not exceed six square feet.
(5) 
Self-illuminated signs are permitted in the R-C District.
(6) 
Moving signs are prohibited in the R-C District.
D. 
C-1 District.
(1) 
Signs directly relating to a use conducted on the premises, provided that the total area in square feet of all such signs, including signs on marquees and canopies, shall not exceed the number of lineal feet of street frontage, and no individual projecting sign shall exceed 30 square feet in area, subject to the following provisions:
(a) 
Height. No sign shall exceed the height of a related building or 28 feet, whichever is greater.
(b) 
Extension over public way. Except as provided herein, no sign shall extend more than 48 inches over public right-of-way, and none shall extend past the center line of a public sidewalk.
(2) 
One real estate sign with a total sign area that does not exceed 10 square feet.
(3) 
Political signs as provided in the R-A District.
(4) 
One home occupation sign as provided in the R-C District.
(5) 
Self-illuminated signs are permitted in the C-1 District.
(6) 
Moving signs are permitted in the C-1 District.
E. 
C-2 District.
(1) 
Signs directly relating to a use conducted on the premises as provided in the C-1 District.
(2) 
One real estate sign as provided in the C-1 District.
(3) 
Political signs as provided in the R-A District.
(4) 
Self-illuminated signs as provided in the C-1 District.
(5) 
Moving signs as provided in the C-1 District.
(6) 
Billboards with a total area for each sign that does not exceed 100 square feet. Billboards shall not be closer than 200 feet to each other on the same side of the road.
F. 
M-1 District.
(1) 
Signs directly relating to a use conducted on the premises as provided in the C-2 District.
(2) 
One real estate sign as provided in the C-2 District.
(3) 
Political signs as provided in the R-A District.
(4) 
Self-illuminated signs as provided in the C-2 District.
(5) 
Moving signs as provided in the C-2 District.
(6) 
Billboards with a total area for each sign that does not exceed 200 square feet. Billboards shall not be closer than 400 feet to each other on the same side of the road.
G. 
F-1 District.
(1) 
All sign requirements and conditions in the F-1 District are the same as for those districts that the F-1 District traverses.
A. 
Home occupations, as defined in this chapter, shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. Home occupations may include, but are not limited to: art studios, dressmaking, teaching or professional offices. However a home occupation shall not be interpreted to include commercial stables, kennels, restaurants or auto repair services. The following additional requirements shall be observed:
B. 
The occupation may be customarily carried on in a dwelling unit; and
(1) 
The occupation is carried on by a member or members of the immediate family residing in the dwelling unit, with not more than two employees outside the family;
(2) 
The occupation is carried on wholly within the principal structure or accessory structure;
(3) 
There shall be no exterior display, exterior sign other than permitted by this chapter, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal structure;
(4) 
No offensive odor, vibration, noise, smoke, dust, heat or glare shall be produced; and
(5) 
The occupation shall occupy no more than 30% of the principal structure.
Camps, campgrounds and recreational camps, as defined in this chapter, are permitted in the R-C District if the following requirements are met:
A. 
No travel trailers, as defined in this chapter, motor homes or tents shall be permitted unless public toilet, shower and washroom facilities are furnished within 150 feet of all camp sites.
B. 
No travel trailer, motor home or tent shall be occupied for more than a total of five months in any one year.
C. 
Any land used as a recreational camp shall also be subject to the provisions of Chapter 41 of the Lake City Borough Code entitled "Mobile Homes and Mobile Home Parks."
Residential occupancy is permitted within the C-1 District if the following requirements are met:
A. 
The ground floor of the principal structure shall be devoted to the commercial activities as permitted in the C-1 District.
B. 
The density of residential units shall be limited to 12 residential dwelling units per acre.
C. 
The maximum height of the structure shall be four stories or 45 feet.
D. 
All lot and yard requirements of §§ 72-20 and 72-21 shall be met.
Business services, as defined in this chapter, are permitted in every district if the following condition is met:
A. 
A zoning certificate shall be required as to the type of retail sales and to the duration of the business before a business service is permitted within the borough.
The outside of all structures for which a building permit has been issued shall be visually completed within a period of time from the date construction is started, as required in the following table. The applicable outside parts, such as the foundation, roof and exterior walls, are finished, including painting (except block, brick or prefinished materials), and that all exterior doors and windows are installed. It shall also include that the lot be cleared of debris and graded.
Completion Time Limits:
New residential construction
Within 1 year
New garages
Within 1 year
New nonresidential construction
Within 1 year
Any additions to gross floor area
Within 1 year
Demolition or miscellaneous construction
Within 6 months
which does not increase floor area
A. 
Floodplains. The location and boundaries of land subject to periodic flooding shall be determined by reference to the U.S. Department of Housing and Urban Development, Federal Insurance Administration Flood Hazard Boundary Maps. Only the most updated version of these maps shall be referred to. These maps and data are to become part of the Lake City Borough Zoning Map.
B. 
Lake Erie bluff setbacks.
(1) 
Stationary structure and accompanying sewage and water facilities must comply with the following setback regulations. Movable dwellings (i.e. mobile homes or other readily transportable residences) may be considered an exception to this rule if they comply with the regulations of the underlying district. Accompanying sewage and water facilities for movable dwellings, however, must comply with setback regulations.
(2) 
The Lake Erie bluff setback delineation shall be based upon the following requirement:
(a) 
The land adjacent to the Lake Erie bluff line extending inland for a distance of 100 feet measured horizontally. The term "bluff line" shall mean the edge or crest of the elevated segment of the shoreline above the beach or beach terrace which is subjected to erosion caused by wave attack.
These resident structures are subject to the following requirements:
A. 
Apartment buildings, condominiums, townhouses, boardinghouses, hotels, motels, etc. are considered unit buildings regardless of ownership, owner/renter or lease time status. The standards governing development of such structures shall be the same as is prescribed for multifamily units in §§ 72-21 and 72-22 of this chapter.
B. 
Prior to the approval of such structures, the Zoning Officer shall be provided with an approved copy of the declaration plan required for condominiums by current state law, if applicable. Any other requirements that are applicable to these type of structures, such as PA Department of Labor and Industry regulations, must also be complied with, and any permit and/or plan required by the commonwealth must be provided to the Zoning Officer.
Resident treatment facilities are permitted in the R-B, R-C and C-1 District. Placement treatment facilities are permitted in the R-C and C-1 District. Such uses shall meet the following requirements:
A. 
Evidence that all applicable federal, state, county and local laws, rules, regulations and ordinances (including those dealing with fire protection and other safety requirements, the number and qualifications of personnel required, etc.) have been met, and will be complied with, concerning the use of an existing structure or construction of a new facility, and the operation of the facility, once occupied.
B. 
Evidence that all necessary permits, licenses, certifications and other approvals for the facility and for its operator and/or personnel or employees, have been obtained from federal, state, county and local government agencies and/or courts, as applicable, and will be kept in effect.
C. 
A paved parking area(s) with: one off-street parking space for each employee and/or operator on maximum attendant shift; and one off-street parking space for every two care recipient beds, which may be utilized for recipients' or visitors' parking, as applicable.
[Added 10-15-2001 by Ord. No. 347-01]
Wireless, personal wireless services, communications and other antennas, facilities and communications equipment buildings placed in the Borough of Lake City shall meet the following requirements:
A. 
Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.
B. 
Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by not more than 20 feet.
C. 
Omnidirectional or whip communication antennas shall not exceed 20 feet in height and seven inches in diameter.
D. 
Directional or panel communications antennas shall not exceed five feet in height and three feet in width.
E. 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit written evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location. All such certifications must be signed by and under seal of the engineer.
F. 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit derailed construction and elevation drawings indicating how the antennas will be mounted on the building or the structure for review by the Borough Engineer or other appropriate Borough official to ensure compliance with applicable laws.
G. 
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit with the application written evidence of agreements and/or easements necessary to provide access to the building or structure on which antennas are to be mounted so that installation, placement and maintenance of the antennas and communications equipment building can be accomplished. The use shall be authorized only to the extent of written leases and/or easements as in effect, and termination of such lease(s) and/or easement(s) shall result in the immediate removal of all communications antennas and/or communications equipment buildings authorized thereunder.
H. 
Communications antennas shall at all times comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
I. 
Communications antennas shall not cause radio frequency interference with other communications facilities in the Borough of Lake City.
J. 
The owner or operator of the communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
K. 
A communications equipment building or related structure shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
L. 
No signs or lights shall be mounted on a communications equipment building except as may be required by the Federal Communications Commission or other governmental agency having appropriate jurisdiction.
M. 
Where not accompanying a communications tower or other tower, a communications equipment building shall be enclosed by a fence having openings not greater than nine square inches which is not less than six feet and not greater than eight feet in height measured from ground level.
N. 
Access shall be provided to the communications equipment building by means of a public street or easement to a public street. An easement shall be a minimum of 20 feet in width and shall be improved to provide year-round access; provided, that in residential use districts, where practicable, easements shall not be improved if access to the communications equipment building is otherwise assured without such measures and development of an improved access surface would be out of character us to adjacent uses.
O. 
The applicant must submit with the application;
(1) 
A copy of its current Federal Communications license;
(2) 
The name, address and emergency telephone number for the operator;
(3) 
A certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence for personal injury and property damage coverage covering the communications antennas and any communications equipment building, naming the owner of the real estate where the facilities are located and the Borough of Lake City as additional insureds.
P. 
In the event of any change, alteration, modification, suspension or termination of licensure, ownership, operator identity, insurance, leases, easements or other items required to be submitted with an application, the owner of the said communications antennas and/or communications equipment building shall, in writing, within 10 days after such event, notify the Borough Code Administrator of such event and provide copies of all documents pertinent to the event as may relate to compliance with these regulations.
Where expressly permitted in a zoning district under this chapter, a permit shall be issued and shall remain in effect subject to all of the following regulations:
A. 
The regulations in § 72-47.1 shall govern to the extent applicable as extended to alternative tower structures, communications towers and other towers, including, but not limited to, Subsections E, F, G, H, I, J, K, L, O and P.
B. 
Communications towers, alternative tower structures and other towers shall comply with all applicable regulations of the Federal Aviation Administration and Commonwealth Bureau of Aviation and applicable Airport Zoning Regulations.
C. 
Any applicant proposing construction of a new communications tower, alternative tower structure or other tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas, personal wireless facilities or other antennas or facilities of an existing building, structure, communications tower, alternative tower structure or other tower. A good faith effort shall require that all owners of potentially suitable structures within a one-half-mile radius of a proposed communications tower, alternative tower structure or other tower site be contacted, and that one or more of the following reasons for not selecting such structure(s) apply:
(1) 
The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.
(2) 
The proposed antennas and related or like equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.
(3) 
Such existing structures do not have adequate location, space or height to accommodate the proposed equipment or to allow it to perform its intended function.
(4) 
Addition of the proposed antennas and related or other equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(5) 
A commercially reasonable agreement could not be reached with the owners of such buildings, structures or communications towers.
D. 
Substantiation of the good faith effort required under Subsection C shall be in writing, signed by the applicant or an authorized representative of the applicant, and shall meet the following requirements:
(1) 
Existing structures considered shall be identified.
(2) 
Approximate costs of reinforcing existing structures and/or eliminating radio frequency interference shall be stated.
(3) 
Finding with respect to structural integrity, potential radio frequency interference, inadequate location, space or height, electromagnetic radiation and cost estimates shall be signed by and under the seal of a registered Pennsylvania professional engineer.
E. 
Access shall be provided to the communications tower, alternative tower structure or other tower and any communications equipment building or facility by means of a public street or easement to a public street. An easement must be at least 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface (tar and chip or paved) for its entire length.
F. 
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting lot size requirements for the zoning district.
G. 
The applicant shall demonstrate that the proposed height of the communications tower or alternative tower structure is the minimum height necessary to perform its function.
H. 
The maximum height of any communications tower or alternative tower structure shall be 150 feet; provided, nevertheless, that such communications tower height or alternative tower structure height may be increased to not more than 200 feet so long as the required setbacks from adjoining property lines (not lease lines) and nearby buildings or structures are increased by one foot for each one foot height in excess of the stated general maximum height for the zoning district. No tower or alternative tower structure not related to a communications antenna shall exceed the maximum height otherwise authorized in the zoning district.
I. 
The foundation and base of all communications towers, alternative tower structures and other towers shall be set back from all nearby or adjacent buildings or structures by not less than the total height of the communications tower, alternative tower structure or other tower, including all items mounted upon it, plus 30 feet. In the case of adjacent residential uses, this setback shall not be less than 250 feet, regardless of the height of the structure.
J. 
Aside from setbacks required from other buildings and structures, the foundation and base of all communications towers, alternative tower structures and other towers shall be set back from adjoining property lines (not lease lines) as follows:
(1) 
For any monopole or equivalent tower structure, not less than the total height of the structure (including all facilities mounted upon it).
(2) 
For any steel lattice or equivalent tower structure designed so that, upon any collapse, the structure would fold, bend or collapse upon itself, not less than 70% of the total tower height.
(3) 
In any case, the minimum setback shall be not less than 100 feet for communications towers and total height of the tower for all other towers.
K. 
In applications for a dimensional variance as authorized by this chapter, the Zoning Bearing Board may allow minimum relief necessary from the regulation established in Subsection J(3) where the physical conditions and circumstances of the subject premises and the present and foreseeable development of adjacent properties indicates that such relief would allow the use with no adverse impact to adjacent development, buildings or structures.
L. 
Self-supporting tower structure shall be required for communications towers, alternative tower structures and other towers.
(1) 
The Zoning Hearing Board may grant a variance from this requirement if, after hearing, it finds that:
(a) 
The cost of erecting a self-supporting tower structure would preclude a provision of adequate service to the public or erection of a safe antenna or other support structure; and
(b) 
The proposed structure would have the least practical adverse visual impact on the site and adjacent lands and closely resembles a self-supporting tower structure; and
(c) 
The proposed support structure is architecturally compatible with surrounding buildings and land uses through location and design and blends in with the existing characteristics of the site to the extent practicable.
(2) 
If any variance from this requirement is granted, the Zoning Hearing Board shall require that all guy wires associated with a tower or support structure shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure, and shall attach such other conditions as it deems reasonable.
M. 
The base of a communications tower, alternative tower structure or other tower shall be landscaped so as to screen the foundation and base and any communications equipment building or other related accessory building from abutting properties and, in general, make the site as aesthetically pleasing as possible. The Code Administrator may permit any combination of existing vegetation, topography, walls, decorative fences and other means of screening in lieu of landscaping if they achieve the same degree of screening as would be achieved by the required landscaping.
N. 
Communications towers, alternative tower structures and other towers shall be painted in a color which best allows them to blend into the surrounding area unless otherwise required by the Federal Communications Commission.
O. 
The applicant shall submit with the application a written certification by a Pennsylvania registered professional engineer that the proposed communications tower, alternative tower structure or other tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures published by the Electrical Industry Association/Telecommunications Industry Association, other applicable established standards and applicable requirements of the Code of the Borough of Lake City. Such certification must be signed and under the seal of the said engineer.
P. 
The site of a communications tower, alternative tower structure or other tower and any related communications building or other structure shall be enclosed by a fence having openings of not greater than nine square inches which is not less than six feet and not greater than eight feet in height measured from ground level.
Q. 
At least two off-street parking spaces shall be provided within the fenced area.
R. 
Any proposed new communications tower or alternative tower structure for communications antennas, personal wireless facilities or like equipment shall be located not less than 1,500 feet from an existing or previously approved communications tower or alternative tower structure.
S. 
No signs or lights shall be mounted on a communications tower, alternative tower structure or other tower except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency having appropriate jurisdiction.
T. 
Communications towers, alternative tower structures and other towers shall be protected and maintained in accordance with all applicable provisions and requirements of the Code of the Borough of Lake City.
U. 
The communications tower, alternative tower structure and other towers must be inspected at the time of its construction and not less frequently than every two years thereafter by an expert who is regularly involved in the maintenance, inspection and/or erection of such structures. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class Checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. Copies of all such inspection reports shall be filed with the Code Administrator by the applicant/permittee not later than 30 days after receipt of the same by the owner or operator, and all deficiencies noted in such inspection reports shall be remedied promptly by the owner or operator.
V. 
If a communications tower, alternative tower structure or other tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower, alternative tower structure or other tower within six months after the expiration of such twelve-month period.