Borough of Ingram, PA Article XII Conditional Uses

§ 185-87 Uses, location and requirements.

A. The uses named in this section and the establishment or enlargement thereof shall be considered conditional uses which cannot be adjusted to their environments with a maximum of mutual protection by a rigid application of the district regulations of this chapter which apply uniformly and in detail to the great majority of properties. They may be permitted in the districts herein designed by the Borough Council after a public hearing, report and recommendation by the Planning Commission, subject to:

(1) Approval of site plan and location by the Borough Council.

(2) The conditions herein prescribed.

(3) All other applicable provisions of this chapter unless otherwise prescribed or excepted herein.

(4) Such other conditions and safeguards the Planning Commission may recommend and the Council may impose to protect the best interests of the surrounding property or neighborhood, such as those involving landscaping, screening and fencing, plan regulation of access and circulation, location of automobile parking and loading space, etc.

B. Community service institutions or facilities where lectures and plays may be given, citizens' organizations may meet, and social, recreational, and athletic activities may be conducted, provided:

(1) The use is operated for the primary purpose, which is the advancement of the community in educational, cultural, or civic pursuits and activities.

(2) The premises and the major portions of the services are not restricted to members and their personal guests.

(3) It shall be ascertained, in each instance, that the use will be not detrimental to the neighborhood, taking into consideration the physical relationship of the proposed use to the surrounding properties, the probable hours of operation, the activities to be conducted, and the number of people to be assembled or to use the premises at any one time.

C. Educational institution in S, R and C3 Districts:

[Amended 9-9-2002 by Ord. No. 3-2002]

(1) The height requirements of the district wherein the use is located may be exceeded if every portion of the building above the height limit is at least as many feet distant from lot lines as that portion of the building is to height.

(2) The minimum distance between main buildings in unit group on the zoning lot shall be as follows:

(a) Front-to-front, or front-to-rear, or rear-to-rear: two times the height of the buildings, or if they be of different heights, two times the height of the taller building, but not less than 80 feet.

(b) End-to-end: equal to the height of the buildings, or if they be of different heights, equal to the height of the taller building, but not less than 20 feet.

(c) Front-to-end or rear-to-end: 1 1/2 times the height of the buildings, or if they be of different heights, 1 1/2 times the height of the taller building, but not less than 50 feet.

(3) If housing in connection therewith is provided, including dormitory facilities for students and teachers, there shall be provided a lot area of not less than 10,000 square feet plus 300 square feet for each sleeping room in excess of four; where a sleeping room is occupied by more than two beds, every two beds therein shall be counted as a single sleeping room.

(4) The location of automobile parking facilities on the site shall be such as to provide adequate protection and facilitate traffic movement on abutting streets.

(5) Minimum front and rear yards shall be 10 feet greater in depth, and minimum side yards shall be 10 feet greater in width, than the minimum required for any other main structure in the district in which such use is located. (See § 185-64D.)

D. Government use or structure (federal, state, or local), or uses or structure not owned or operated by government, but performing a needed governmental function, not for profit, such as a volunteer fire company (including meeting room), in any district, provided:

(1) When in an S District, it is demonstrated that the use cannot reasonably serve the community from a location in another district classification.

(2) Safeguards are established to provide proper separation from and protection for abutting residential properties.

(3) Adequate provision for off-street parking is provided, as determined according to the type of use and its planned service area.

E. Hospital and sanitariums, where permitted, provided:

(1) The use conforms to the provisions of Subsection C(1), (2), (4) and (5) above.

(2) There shall be provided a lot area of not less than 10,000 square feet, plus 300 square feet for each inpatient facility.

(3) Dormitory facilities for doctors and nurses may be included provided, in addition to the requirement of Subsection E(2) above, there shall be provided a lot area of not less than 300 square feet for each sleeping room in excess of four; where a sleeping room is occupied by more than two beds, every two beds therein shall be counted as a single sleeping room. (See provisions of § 185-64D.)

F. Motel/hotel with accessory uses and structures incident thereto, provided:

(1) There shall be at least one off-street parking space for each living or sleeping unit.

(2) Each building containing living quarters shall be on a section of ground of not less than 1,000 square feet in area for each living or sleeping unit in a one story building and of not less than 750 square feet in area for each living or sleeping unit in a building exceeding one story, designated on the plan as a building area; provided that in no instance shall there be less than 500 square feet of ground area per living or sleeping room.

(3) The minimum distance between the main buildings within the site area (tract) shall be as follows:

(a) Front-to-front or front-to-rear or rear-to-rear: 70 feet.

(b) Side-to-side: 20 feet.

(c) Front-to-side or rear-to-side: 50 feet.

(4) Each room shall have at least 300 square feet of floor area (including bath), and no living or sleeping unit shall contain more than two bedrooms.

(5) There are more than six living or sleeping room units.

(6) All of the floor area devoted to residential use is in living or sleeping units, each with a private bathroom and none with cooking facilities, except for quarters for resident manager or proprietor.

(7) The major portion of the floor area is devoted to living quarters, but incidental business may be conducted.

(8) There may be meeting rooms, common dining facilities, swimming pools, tennis courts, and similar recreational uses as accessory uses and structures incident to the motor hotel operation.

G. Major excavating, grading, or filling, in any district, provided:

(1) Evidence shall be submitted as to control of the operation in such a manner as to offer reasonable protection to the neighborhood against possible detrimental effects, taking into consideration the physical relationship to surrounding properties, and access to the site, including any nearby residential streets that must be traversed in conveying material to or from the site.

(2) Upon completion of the operation, any exposed surface of the land shall be topsoiled, planted and seeded.

(3) In all districts, surface operations for the extracting of oil, gas, or other minerals shall not be permitted within 1,000 feet of any other existing house, building, or other main structure in said district or an adjacent district.

(4) All necessary permits for major excavation, grading, or filling in any district as required by local municipal ordinance, and/or other regulations relating to the environmental impact of these activities as required by law, shall be secured before any work on the site shall begin.

(5) Radioactive material is not permitted.

H. Motor freight terminal, for freight trucking companies and operators, including interchange and storage facilities, provided:

[Amended 9-9-2002 by Ord. No. 3-2002]

(1) Every portion of the property used for terminal purposes shall be located not closer than 100 feet to any property in an R or C District.

(2) Access for motor freight vehicles shall be by way of streets of adequate width as determined by the Borough Council.

(3) The site shall be fully surrounded with a barrier adequate to insure that no portion of a vehicle shall extend beyond the lot line.

(4) In addition to adequate area within the site for docking, manipulation, and maneuver of motor freight vehicles, a reservoir of parking area for motor freight vehicles waiting to be loaded or unloaded shall be provided at the rate of one parking space sufficient to park a motor freight vehicle for every four loading or unloading docks.

(5) The site shall be designed in such a manner as to permit forward movement of all vehicles both upon entering and upon leaving the site.

(6) The number, location, and width of entrances to and exits from the site shall be determined by the Borough Council after a recommendation from the Planning Commission and the Chief Public Safety Officer of the Borough. (See § 185-64D.)

I. Nonprofit recreation area, provided:

(1) It is determined that such use is reasonably necessary and essential for the public convenience or welfare, and is not seriously detrimental to the character of the neighborhood.

(2) Safeguards are established with respect to sanitation and general safety.

(3) If required by the Borough Council, fences and enclosures shall be erected, in conformity with the provisions of § 185-66G, or other treatment of the lot shall be provided.

J. Public utility corporation buildings, structures, facilities, and installations in any district, provided:

(1) The height requirements of the district wherein the use is located may be exceeded when the necessity has been demonstrated, if every portion of the structure or installation above the height limit is at least as many feet distant from bordering or opposite properties as that portion of the structure or installation is in height.

(2) When in an S District, the use does not involve company offices.

(3) When in an R District, the use does not involve company offices or storage areas or structures requiring major trucking or office movements, and it is demonstrated that the use cannot reasonably serve the district from a location in an S or C District.

(4) When in a C District the use does not involve storage areas or structures requiring major traffic movements.

(5) When in all S, R, and C Districts, any change or replacement of utility services and/or structures shall be of buried design whenever possible. (See § 185-64C.)

K. Retail store exceeding a gross floor area of 10,000 square feet, provided:

(1) There shall be submitted with the application a market analysis of the potential service area prepared by an individual or an organization indicated by documentary evidence as qualified to make such an analysis. The analysis shall include data on population, income, and buying habits of the people.

(2) The Borough Council shall determine that the proposed use is related to its potential service area and in keeping with principles of the adopted Master Plan.

L. Use group development in all districts where permitted:

(1) R Residential Districts:

(a) The use shall consist of two or more main residential buildings, with accessory uses and structures if desired, grouped upon a single zoning lot of not less than 1/2 acre.

(b) The minimum distance between main buildings in such use group development shall be such as to provide spacing equivalent to the minimum that would be provided by application of the yard requirements only, if each building were placed on a separate zoning lot.

(2) C Commercial Districts:

(a) The use shall consist of two or more main commercial buildings with accessory uses and structures if desired grouped upon a single zoning lot of not less than one acre.

(b) The minimum distance between main buildings in such use group development shall be such to provide spacing equivalent to the minimum that would be provided by application of the yard requirements only, if such buildings were placed on a separate zoning lot.

M. Conversion apartments.

(1) Any single-family dwelling building lawfully occupied as such prior, to adoption of this chapter and located in R2, R3 or C3 Districts may be converted into not more than three dwelling units provided that no additions are made to the building except to accommodate access, and provided the lot containing the building exceeds the minimum lot area for the zone district in which it is located and no other dwellings occur on the property.

[Amended 9-9-2002 by Ord. No. 3-2002]

(2) Each dwelling in a converted single-family building shall conform to the requirements for minimum gross floor area, Article X, § 185-66M, have at least two habitable rooms as well as separate and private bathroom and food cooking and storage facilities for each dwelling unit, and be provided with two parking spaces on the lot, in conformance to parking requirements for conversion units, § 185-67A(1) and M.

(3) There shall be at least two means of egress from each dwelling unit, of which at least one shall be directly to the outside at grade or via an exterior stairs to grade.

(4) Each dwelling unit shall have sufficient operable window sash area to equal at least 1/20 of the floor area and shall be served by a heating system capable of providing 68º F. throughout each dwelling unit when the outside temperature is 0º F.

(5) No building manifestly designed for nonresidential purposes shall be converted to residential use unless such conversion removes a nonconforming use and such building is completely remodeled for permanent residential use.

N. Outdoor display and sale of automobiles and house trailers, but not trucks, provided:

(1) The area used for the display of merchandise offered for sale and the area used for the parking of customers and employee automobiles shall be continuously maintained in either concrete, asphalt, or a combination of tar or asphalt and stone chips laid over a base of crushed stone compacted to not less than six inches in depth, or such other surfacing of an equivalent or superior character if the same is first approved by the Zoning Officer. In addition, curbs or wheel bumpers shall be installed where necessary to prevent vehicle encroachment onto required yards.

(2) All lights and light poles shall be located and erected in such a fashion that the closest edge of such structure or equipment shall be not less than 10 feet from the nearest edge of the street right-of-way line, and all lights and illumination shall be directed into the sales area and away from the adjoining streets and adjacent lots.

(3) All required yards shall be properly landscaped and all plans to be completed within two growing seasons.

(4) No article of merchandise shall be displayed outdoors less than five feet from the lot lines of adjacent properties.

(5) No strings of lights or flags, flashers, or any other display paraphernalia shall be permitted on such zoning lot, or any of the structures or poles attached thereto, or in or on the merchandise displayed outdoors, except for such signs otherwise allowed and subject to the limitations of this chapter.

(6) Off-street parking.

(a) There shall be provided on the same zoning lot the following off-street parking spaces as defined by § 185-67:

[1] One parking stall for each 500 square feet of floor area of any building erected on the same zoning lot, except that where such building is used either wholly or partially for body repair there shall be one parking stall provided for each 200 square feet of floor area devoted to body repair; and in addition

[2] One stall for each 1,500 square feet of lot area occupied or reserved for occupancy by vehicles or merchandise offered for sale or rental on the premises.

(b) All required off-street parking stalls shall be reserved exclusively for the parking of customer or employee automobiles and are not to be used for the display of merchandise. Separation by curb, wall, planting, fence, grass stripping or painting shall be required between the customer parking area and the outdoor display area. Customer vehicles with external damage awaiting repairs shall be located either indoors or in an area outdoors of sufficient size, as defined in Subsection N(6)(a)[1] above and in such fashion so that the vehicles therein will not be visible from the public streets or highways or from surrounding properties.

(7) All servicing and repair facilities shall be conducted entirely within an enclosed building.

(8) All such lots used for the outdoor display of automobiles, house trailers, or trucks shall have included on the same zoning lot and as part of the same business facility a completely enclosed structure of not less than 2,500 square feet of floor area, and all repairs, servicing, sales, and customer car washing shall be located and conducted therein.

(9) No vehicle shall be displayed or offered for sale outdoors which does not have all of the mechanical and body components necessary for the safe and lawful operation thereof on the streets and highways of the Commonwealth of Pennsylvania.

O. Automobile service station, and/or car washing enterprises where permitted:

(1) No part of the lot area to be used for such purpose is less than 200 feet from the closest point of any other automobile service station area so used.

(2) Such activities as car washing, waxing, polishing, and lubrication shall be conducted entirely within an enclosed building.

(3) The requirements of § 185-64D shall be strictly observed.

(4) Car washing enterprises shall, in addition to all other required parking areas, provide a sufficient automobile storage area paved as defined in § 185-67D, so that it anticipates peak business hours and automobiles waiting to be washed shall not overflow onto adjacent properties, streets or berms.

(5) Automobile service stations of less than three bays shall require a minimum of 15,625 square feet of lot area; three bay automobile service stations shall require 18,750 square feet of lot area.

(6) The normal functions permitted at an automobile service station Class I and Class III meeting the minimum lot area requirements shall be, as an addition to those listed under § 185-9, Definitions:

(a) Gasoline sales.

(b) Sale of service items (tires, batteries, accessories).

(c) Minor mechanical repairs (excluding body and fender work, and major engine overhaul).

(d) State inspections.

(e) Handwashing cars, inside station.

(f) Two service vehicles.

(7) The following conditional uses may be permitted providing the required additional lot area is available and subject to the listed requirements:

(a) Automobile rental.

[1] Additional 350 square feet of lot area per unit available for rent; requiring space available for a minimum of 10 units.

[2] All units to be permanently stored in properly marked stalls no closer to the right-of-way than the required building setback line.

(b) Trailer rental.

[1] Additional 350 square feet of lot area per unit, 10 feet or more in length to a maximum unit size of 16 feet; and 250 square feet additional lot area per unit less than 10 feet in length; requiring space available for a minimum of 10 units.

[2] All units to be stored in properly marked stalls no closer to the public right-of-way than the required building setback line.

[3] Screening walls of sufficient height and length may be required to buffer the use from abutting properties.

(c) Truck rentals.

[1] Additional 500 square feet of lot area per unit available for rental purposes; requiring space available for a minimum of 10 units.

[2] Cargo area of rental units not to exceed a depth of 20 feet with the rental of semitrailer units prohibited.

[3] Screening walls of a sufficient height and length may be required to buffer the use from abutting properties.

[4] All units shall be stored in properly marked stalls 10 feet by 30 feet established behind the building setback line. Whenever possible, the Borough Council shall require the storage of rental vehicles at the rear of existing or proposed structures.

(d) Service vehicles.

[1] For every service vehicle over two, an additional lot area of 500 square feet per unit shall be available.

[2] All service vehicles shall be stored in properly marked stalls behind the building setback line.

(8) The maximum size lot area for Class III uses shall be 10,000 square feet.

(9) No repair facilities shall be maintained on the front portion of the lot or in the front portion of the first story of the building within 30 feet of the street.

(10) The vehicular entrance door shall set back a distance of 15 feet from the street line and open, unoccupied space shall be maintained, for the height of the first or entrance story which in any case shall not be less than 12 feet above the curb elevation, having a width of 10 feet each side of the center of the vehicular entrance door, which width shall be increased to 25 feet each side of the center line of the door or doors at the street line.

(11) The structure is to be erected within an area bounded by two or more streets within which there is, at the time, no public, parochial or other duly organized school, playground, hospital, church or public library; and any vehicular entrance or exit of the garage shall not be within 300 feet of an entrance or exit of any such institution located on the same street.

(12) No part of the shop or facilities is closer than 60 feet from any residence district.

(13) Gasoline storage is prohibited in excess of an amount necessary for use on the premises or in service stations supplying retail trade, where not more than 15,000 gallons may be stored in underground tanks only.

(14) Gasoline service stations are not permitted where any part of the service station property is closer than 300 feet from any lot on which there is located a public park, playground, church or other place of worship, or public or parochial school. (See § 185-64D.)

P. Restaurants, where allowed, provided:

(1) The main building on the premises, or the portion of the main building uses for restaurant purposes where such main building includes other types of business establishments, shall be a completely enclosed structure containing not less than 1,000 square feet of first floor area.

(2) Included within and as part of said main building shall be a separate room with direct exterior access for storage of garbage, rubbish and trash, built to the specifications of the Municipal Fire and Building Codes.[1]

[1] Editor's Note: See Ch. 60, Building Construction, and Ch. 94, Fire Prevention.

(3) No garbage, rubbish or trash shall be maintained or stored or allowed to accumulate on the premises, either indoors or outdoors, except in the special room provided therefor in the main building and excepting waste paper cans of a size and design to be approved by the Zoning Officer. Such waste paper cans to be used outdoors shall be attractively designed, with firm fitting tops and not more than 32 gallon size, and shall be emptied not less often than once per day.

(4) No ground signs or freestanding signs shall be erected, placed or located on the premises. Only signs attached to the main building shall be permitted, provided, however, that they shall not project closer to an adjacent street or highway than the building setback line.

(5) Exterior wiring shall be underground.

(6) Parking area shall have space for not less than one stall for every 100 square feet of floor area, and shall meet all other parking requirements of this chapter.

(7) All parking and driveway areas shall be continuously maintained in either concrete or asphalt laid over a base of crushed stone compacted to a depth of no less than six inches, or such other surfacing of an equivalent or superior character, if the same is first approved by the Zoning Officer. In addition, poured concrete curbs not less than six inches in height shall be installed where necessary to prevent vehicle encroachment onto required yards or adjacent landscaped areas.

(8) Any exterior lighting structures shall be located either at ground level or at points not less than 40 feet from the nearest street right-of-way line. Such exterior lighting structures shall be decorative and shall be so arranged as to prevent lighting glare cast upon adjacent streets or lots.

(9) All required yards, as well as all other areas within the zoning lot that are not otherwise paved or built upon, shall be properly planted, landscaped and maintained.

Q. Limited C commercial uses within multiple-family residence structures in the R3 Districts, provided:

(1) Such C uses shall be limited to those which are permitted uses under Article IX, Neighborhood Shopping District,[2] except that retail sales uses shall be limited to a maximum of 2,500 square feet per use.

[2] Editor's Note: Article IX of this chapter is currently entitled "C3 Special District"; this reference to the Neighborhood Shopping District existed in the original Zoning Ordinance and has been left as adopted at the Borough's instruction.

(2) Such C uses shall not occupy more than 1/3 of the gross floor area of the structure.

(3) Evidence is submitted as to the reasonable maintenance of security between the commercial and residential uses.

(4) The design of the structure and dwelling units shall be such as to discourage occupancy by families with children as members.

(5) Residential parking facilities shall be maintained separately from commercial parking areas.

(6) Parking shall be provided for commercial floor area at the rate of one parking stall for every 200 square feet of gross floor area.

(7) Such permitted C uses shall be permitted only on building floors which are below building floors containing R usage.

(8) Each floor of such mixed use structures shall be single usage floors (either C or R) with intermixed usage prohibited.

R. Flea markets, farmer's markets, and temporary outdoor amusement fairs:

(1) Activity must be limited to an area with a commercial zoning classification.

(2) Applicant shall secure all necessary permits and licenses prior to the sale of any product.

(3) Applicants shall provide an agreement or letter of consent between the legal owner of the property and the applicant's corporation, company or position of authority.

(4) The applicant shall take measures to insure that adequate life safety and fire prevention procedures have been followed. This would necessitate consultation with the Municipal Building Inspector and Fire Official prior to application for conditional use approval. Their report and recommendation would then be forwarded to the Planning Commission as part of the public record.

(5) The applicant's responsibility shall continue through completion of the activity with a time limit mutually agreed upon by the applicant and Borough Council. Daily maintenance of grounds shall consist of trash pickup, provisions for security, and adequate apparatus and equipment for other emergencies such as mechanical, fire or life safety.

(6) Applicant shall agree to indemnify and save harmless the Borough from any claim, demand, or suit of any kind or nature whatsoever that may arise as a result of the construction, installation, operation or maintenance of their activity.

S. Apartments in commercial buildings.

(1) In the C2 Community Business District and C3 Special District, apartments may be constructed on the second floor of a building the first floor of which is devoted to commercial use. No commercial uses shall be allowed on the second floor when such apartments are located there and only a stairhall giving access to the second floor shall be permitted in addition to commercial uses on the first floor.

(2) Each apartment shall contain at least 450 square feet of floor area, as well as separate and private bathroom and food cooking and storage facilities.

(3) There shall be provided on the property two parking spaces for the exclusive use of each apartment.

(4) There shall be two means of egress provided from the second floor hallway common to the apartments directly to the outside at grade.

(5) Each apartment shall have sufficient operable window sash area to equal at least 1/20 of the floor area and shall be served by a heating system capable of providing 68º F. throughout the apartment when the outside temperature is 0º F.

T. Day-care center.

(1) Such center shall be licensed by Allegheny County, shall have a capacity of not more than 20 children, and shall meet all requirements and regulations of the Pennsylvania Department of Public Welfare.

(2) The center shall be open only during normal daylight hours to accommodate preschool age children.

(3) Parking for at least one car for every three children capacity shall be provided on the property, screened from adjacent residential properties. (See § 185-64).

(4) Day-care centers may be established in industrial or commercial structures or districts if:

(a) The indoor and outdoor play areas where the children are being cared for shall not be used for any other business, commercial, social purpose when the children are present in these areas.

(b) Outdoor play space is no more than 1/2 mile from the day-care facility area.

(c) If there are unsafe areas, such as open ditches or heavy street traffic, in or near the outdoor play space, there shall be fencing or natural barriers to restrict children from these areas.

U. Porch/garage sales, private home sales. The activity is a personal and temporary activity of a citizen for a limited time and is not permitted as a continuous and regular activity.

V. Drive-in banks in C2 and C3 Districts. Drive-in banks in C2 and C3 Districts, provided:

(1) Accessory uses are limited to remote electronic tellers; access units to tellers located elsewhere, either on lot or off lot; and parking facilities.

(2) Interior circulation, ingress and egress, routing, and backup space for vehicles waiting to be serviced shall be considered so as to reduce to a minimum traffic flow interference. No design shall be approved which is likely to create substantial traffic hazards endangering public safety.

(3) The developer may be required to accept responsibility for the construction of any traffic control devices required by the Borough Council.

W. Catering. Catering business in C2 and C3 Districts, provided:

(1) Included within and as part of said main building shall be a separate room with direct exterior access for storage of garbage, rubbish, and trash, built to specifications of the Municipal Fire and Building Codes.

(2) See Subsection P(3), (4), (5) and (9).

(3) Parking shall be provided for off-street parking of all catering business related vehicles for loading and unloading; a minimum of two off-street parking spaces for clients and customers while doing business; and employee parking, one stall for every three employees engaged during the peak hours of operation. If the catering business is also engaged in the rental of cooking or dining equipment, or other service which would increase the volume of traffic on or to the site, additional parking of one stall for every 2,000 square feet of floor area.

(4) A "catering business" is defined as an establishment for the preparation and sale of food or drink for consumption off the premises. In the event of a combination restaurant-catering business, combined parking requirements will be determined by Planning Commission recommendation and Council imposition.

X. Individual modular homes on their own lots.

(1) A modular home for the purposes of this chapter shall be considered a transportable single-family dwelling intended for permanent occupancy contained in one unit, or in two units designed to be joined into one integral unit capable of being separated later for movement to another site, such dwelling being ready for occupancy upon arrival on its lot except for placement on its foundation and minor or incidental unpacking and assembly operations.

(2) Modular homes shall meet all requirements of this chapter and other ordinances relative to single-family dwellings in the same zone district, including but not limited to minimum lot area and width, setbacks from property lines, utility connections, off-street parking, and access to a public road.

(3) Modular homes shall be supported directly upon a peripheral masonry or concrete foundation wall on a reinforced concrete footer carried to a depth of at least three feet below finished grade.

(4) Modular homes shall be securely held to the foundation by tie-downs which may be cast-in-place concrete "dead men," eyelets imbedded in concrete screw augers or arrowhead anchors placed at least at each corner of the mobile home, each device being rated to sustain a minimum load of 4,800 pounds.

(5) Modular homes shall be placed on required foundations within 30 days of arrival on the lot.

(6) No modular home shall be occupied until it has received an occupancy permit from the Zoning Officer after connection to sewage disposal and water supply systems and no modular home shall be occupied unless its lot abuts a street which has been improved to meet minimum Borough standards and approved.

(7) Any roofed additions added later to a modular home or not part of the original construction shall match the materials and colors of the original and shall be built only after approval of a building permit application.

(8) No modular home lacking toilet and washing facilities or cooking and food storage facilities or any of these shall be permitted, nor shall any self-propelled vehicles used as living accommodations or travel trailers designed for temporary occupancy be permitted for residential purposes for a period exceeding 14 days.

Y. Personal care boarding home (PCBH).

(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ADULT

A person who is 18 years of age or older.

OPERATOR

Any person or persons responsible for the day-to-day operation and supervision of the home. An operator may also be a householder.

PERSONAL CARE BOARDING HOME FOR ADULTS

Any premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for one or more adults who are not relatives of the operator and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self-administration but do not require hospitalization or care in a skilled nursing or intermediate care facility.

[Amended 9-9-2002 by Ord. No. 3-2002]

(2) A personal care boarding home that houses no more than four clients shall be called a "small personal care boarding home." A small PCBH may be established in R3 and C3 Districts.

(3) A personal care boarding home that houses no less than five and no more than 12 clients shall be called a "large personal care boarding home." A large PCBH may be established in a C3 District.

(4) Supervision shall be provided by responsible nonclient adults whose number shall be determined and certified by the appropriate supervisory agency(ies). However, at least one responsible nonclient adult shall be available on the premises for the residents on a twenty-four-hour-a-day basis while the residents are on the premises.

(5) A PCBH license or certification shall be obtained from the Commonwealth of Pennsylvania or County of Allegheny prior to issuance of an off-street occupancy permit.

(6) Off-street parking facilities shall be provided at the ratio of one stall for every two full-time staff members and an additional stall for every four nonstaff residents who are eligible and permitted by the sponsor to operate a motor vehicle.

(7) A personal care boarding home that houses more than 12 clients shall be considered an institution and shall be subject to the rules and regulations governing institutions.

Z. Large group care facilities. Facilities for care of more than 12 individuals are classified as "institutions" and are permitted in the C3 Special District.

AA. Mini-warehouse. Mini-warehouse in C2 and C3 Districts, provided:

(1) No business activities other than rental of storage units shall be conducted on the premises. Mini-warehouse use is not a retail, wholesale, office, or other use beyond that of dead storage only.

(2) A landscaped area not less than six feet in width shall be provided continuously, except for authorized curb cuts, inside the property and parallel to the front and side boundary lines. Where the lot is adjacent to a residential zoning district or when across the street from a residential zoning district, the front yard landscaped area shall be not less than 10 feet.

(3) All outdoor storage areas must be enclosed by walls, fences, buildings, or landscape screening, or a combination thereof, at least six feet in height and shall be constructed and maintained with not less than 50% of the surface impervious to light.

(4) All lights shall be shielded to direct light away from adjacent property, but may be of sufficient intensity to discourage vandalism and theft.

(5) Every portion of the property used for warehouse purposes shall be located not closer than 100 feet to any property in an R, S, or C District.

(6) One dwelling unit for a permanent employee and family is permitted, provided such dwelling unit comprises not more than 5% of the total lot area, and conforms to all restrictions for dwelling units as in an R2 District.

(7) Minimum parking requirements:

(a) Two spaces for the live-in employee and family, if such dwelling unit is provided.

(b) Three spaces for the use of business office employees and clients.

(c) Parking sufficient to service warehouse stalls, as determined by the Borough Council after a recommendation from the Planning Commission.

(8) Access for motor vehicles shall be by way of streets of adequate width as determined by the Borough Council.

(9) In addition to adequate area within the site for loading manipulation, and maneuver of motor vehicles, a reservoir of parking area for motor vehicles waiting to be loaded or unloaded, shall be provided at the rate of one parking space for every 10 loading or unloading area or space, but not less than four.

(10) The site shall be designed in such a manner as to permit forward movement of all vehicles both upon entering and upon leaving the site.

(11) The number, location, and width of entrances to and exits from the site shall be determined by the Borough Council after a recommendation from the Planning Commission and the Chief Public Safety Officer of the Borough. At least two exits shall be provided.

(12) Maximum size of lot:

[Amended 9-9-2002 by Ord. No. 3-2002]

(a) In C district: 75,000 square feet.

(13) Storage of explosive materials or fuels is strictly prohibited.

BB. Wireless communications facilities.

[Added 12-14-2015 by Ord. No. 2-2015]

(1) Purposes and findings of fact.

(a) The purpose of this subsection is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in Ingram Borough (referred to herein as the "Borough"). While the Borough recognizes the importance of wireless communications facilities in providing high quality communications service to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

(b) By enacting these provisions, the Borough intends to:

[1] Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision of necessary services;

[2] Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Borough residents and wireless carriers in accordance with federal and state laws and regulations;

[3] Establish procedures for the design, siting, construction, installation, maintenance and removal of both commercial communications towers and commercial communications antennas in the Borough, including facilities both inside and outside the public rights-of-way;

[4] Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;

[5] Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish, and by requiring that competing providers of wireless communications services co-locate their commercial communications antenna and related facilities on existing towers;

[6] Promote the health, safety and welfare of the Borough's residents.

(2) General and specific requirements for commercial communications antennas:

(a) The following regulations shall apply to all commercial communications antennas:

[1] Permitted by conditional use subject to regulations. Commercial communications antennas shall be located on municipally owned poles and traffic lights when technologically feasible. If such placement is not possible, commercial communications antennas are permitted by conditional use in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Borough.

[2] Nonconforming wireless support structures. Commercial communications antennas shall be permitted to co-locate upon nonconforming commercial communications towers and other nonconforming structures. Co-location of WCF upon existing commercial communications towers is encouraged even if the commercial communications tower is nonconforming as to use within a zoning district.

[3] Standard of care. Any commercial communications antennas shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

[4] Wind. All commercial communications antennas structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and the Telecommunications Industry Association (ANSI/TIA-222, as amended).

[5] Aviation safety. Commercial communications antennas shall comply with all federal and state laws and regulations concerning aviation safety.

[6] Public safety communications. Commercial communications antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[7] Radio frequency emissions. A commercial communications antenna shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[8] Removal. In the event that use of a commercial communications antenna is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:

[a] All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough.

[b] If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

[9] Insurance. Each person that owns or operates a commercial communications antenna shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the commercial communications antenna.

[10] Indemnification. Each person that owns or operates a commercial communications antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the commercial communications antenna. Each person that owns or operates a commercial communications antenna shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a commercial communications antenna. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

[11] Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[a] The commercial communications antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[b] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

[c] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

(b) The following regulations shall apply to all co-located commercial communications antennas that do not substantially change the physical dimensions of the wireless support structure to which they are attached, or otherwise fall under the Pennsylvania Wireless Broadband Collocation Act[3]:

[1] Permit required. WCF applicants proposing the modification of an existing commercial communications tower shall obtain a building permit from the Borough. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.

[2] Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a commercial communications antenna is filed with the Borough, the Borough shall notify the WCF applicant, in writing, of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the WCF applicant, in writing, of such decision. The Borough shall notify the WCF applicant as to completeness of the WCF application within 30 days of receipt.

[3] Related equipment. Ground-mounted related equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use or zoned residential.

[4] Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a commercial communications antenna or $1,000, whichever is less.

[3] Editor's Note: See 53 P.S. § 11702.1 et seq.

(c) The following regulations shall apply to all commercial communications antennas that do substantially change the wireless support structure to which they are attached, or that otherwise do not fall under the Pennsylvania Wireless Broadband Collocation Act:

[1] Prohibited on certain structures. No commercial communications antenna shall be located on single-family detached residences, single-family attached residences, or any residential accessory structure.

[2] Conditional use required. Any WCF applicant proposing the construction of a new commercial communications antenna, or the modification of an existing commercial communications antenna, shall first obtain a conditional use from the Borough. New constructions, modifications, and replacements that do fall under the WBCA shall be not be subject to the conditional use process. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the Ingram Borough Zoning Ordinance.

[3] Historic buildings. No commercial communications antenna may be located upon any property, or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is listed on the official historic structures and/or historic districts list maintained by the Borough, or has been designated by the Borough to be of historical significance.

[4] Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[5] Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a commercial communications antenna, as well as related inspection, monitoring and related costs.

[6] Development regulations. Commercial communications antennas shall be co-located on existing wireless support structures, such as existing buildings or commercial communications towers, subject to the following conditions:

[a] The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district, unless the WCF applicant applies for, and subsequently obtains, a variance.

[b] In accordance with industry standards, all commercial communications antenna applicants must submit documentation to the Borough justifying the total height of the commercial communications antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.

[c] If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible. An evergreen screen shall surround the site. The evergreen screen shall be a minimum height of six feet at planting.

[7] A security fence with a minimum height of 10 feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

[8] Noncommercial usage exemption. Borough residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or Internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance.

[9] Design regulations. Commercial communications antennas shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

[10] Removal, replacement and modification.

[a] The removal and replacement of commercial communications antennas and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not substantially change the overall size of the WCF or the number of antennas.

[b] Any material modification to a WCF shall require notice to be provided to the Borough, and possible supplemental permit approval to the original permit or authorization.

[11] Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(d) Regulations applicable to all commercial communications antennas located in the public rights-of-way. In addition to the commercial communications antenna provisions listed in Subsection BB(2) above, the following regulations shall apply to commercial communications antennas located in the public rights-of-way:

[1] Co-location. Commercial communications antennas in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. If co-location is not technologically feasible, the WCF applicant shall, with the Borough's approval, locate its commercial communications antenna on existing poles or freestanding structures that do not already act as wireless support structures.

[2] Design requirements:

[a] WCF installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

[b] Antenna and related equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

[3] Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all commercial communications antennas in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

[4] Equipment location. Commercial communications antennas and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

[a] In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot;

[b] Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

[c] Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

[d] Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner.

[e] Any proposed underground vault related to commercial communications antennas shall be reviewed and approved by the Borough.

[5] Relocation or removal of facilities. Within two months following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[a] The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

[b] The operations of the Borough or other governmental entity in the right-of-way;

[c] Vacation of a street or road or the release of a utility easement; or

[d] An emergency as determined by the Borough.

(3) General and specific requirements for all commercial communications towers.

(a) The following regulations shall apply to all commercial communications towers, excluding any commercial communications tower that is less than 70 feet in height and owned and operated by a federally licensed amateur radio status operator.

[1] Standard of care. Any commercial communications towers shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any commercial communications towers shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

[2] Notice. Upon submission of an application for a commercial communications tower and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 500 radial feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Borough.

[3] Conditional use authorization required. Commercial communications towers are permitted in C2 Community Business, R/PRD Planned Residential Development, and S Conservancy districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The WCF applicant shall demonstrate that the antenna/tower/pole for the commercial communications tower is the minimum height necessary for the service area.

[a] Prior to the Council's approval of a conditional use authorizing the construction and installation of a commercial communications tower, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antenna(s) and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The WCF applicant shall further demonstrate that the proposed commercial communications tower must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable alternative location exists.

[b] The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

[c] The conditional use application shall also be accompanied by documentation demonstrating that the proposed commercial communications tower complies with all state and federal laws and regulations concerning aviation safety.

[d] Where the commercial communications tower is located on a property with another principal use, the WCF applicant shall present documentation to the Borough Council that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

[e] The conditional use application shall also be accompanied by documentation demonstrating that the proposed commercial communications tower complies with all applicable provisions in this section.

[4] Engineer inspection. Prior to the Borough's issuance of a permit authorizing construction and erection of a commercial communications tower, a structural engineer registered in Pennsylvania shall issue to the Borough a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional hearings, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.

[5] Visual appearance and land use compatibility. Commercial communications towers shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Borough Council, or shall have a galvanized finish. All commercial communications towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Borough Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and land development design and construction principles, practices and techniques.

[6] Co-location and siting. An application for a new commercial communications tower shall demonstrate that the proposed commercial communications tower cannot be accommodated on an existing or approved structure or building, or sited on land owned and maintained by Ingram Borough. The Borough Council may deny an application to construct a new commercial communications tower if the WCF applicant has not made a good-faith effort to mount the commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

[a] The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

[b] The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.

[c] Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.

[d] A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

[7] Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing commercial communications tower which increases the overall height of such WCF shall first obtain a building permit from the Borough. Nonroutine modifications shall be prohibited without such permit.

[8] Gap in coverage. A WCF applicant for a commercial communications tower must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Borough's decision on an application for approval of a commercial communications tower.

[9] Additional antennas. As a condition of approval for all commercial communications towers, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas on commercial communications towers where technically and economically feasible. The owner of a commercial communications tower shall not install any additional antennas without obtaining the prior written approval of the Borough.

[10] Wind. Any commercial communications tower structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended.

[11] Height. Any commercial communications tower shall be designed at the minimum functional height. In all zoning districts, the maximum height of any new commercial communications tower shall be 200 feet.

[12] Related equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area, or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing commercial communications antenna space on the commercial communications tower.

[13] Public safety communications. No commercial communications tower shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[14] Maintenance. The following maintenance requirements shall apply:

[a] Any commercial communications tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[b] Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Borough's residents, and utilize the best available technology for preventing failures and accidents.

[15] Radio frequency emissions. A commercial communications tower shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[16] Historic buildings or districts. A commercial communications tower shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Borough.

[17] Signs. All commercial communications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

[18] Lighting. No commercial communications tower shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Manager.

[19] Noise. Commercial communications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

[20] Aviation safety. Commercial communications towers shall comply with all federal and state laws and regulations concerning aviation safety.

[21] Retention of experts. The Borough may hire any consultant and/or expert necessary to assist the Borough in reviewing and evaluating the application for approval of the commercial communications tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The WCF applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

[22] Timing of approval. Within 30 calendar days of the date that an application for a commercial communications tower is filed with the Borough, the Borough shall notify the WCF applicant, in writing, of any information that may be required to complete such application. All applications for commercial communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such commercial communications towers and the Borough shall advise the WCF applicant, in writing, of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.

[23] Nonconforming uses. Nonconforming commercial communications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.

[24] Removal. In the event that use of a commercial communications tower is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:

[a] All unused or abandoned commercial communications towers and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Borough.

[b] If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

[c] Any unused portions of commercial communications towers, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a commercial communications tower previously removed.

[25] Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a commercial communications tower, as well as related inspection, monitoring, and related costs.

[26] FCC license. Each person that owns or operates a commercial communications tower over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

[27] Insurance. Each person that owns or operates a commercial communications tower greater than 40 feet in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the commercial communications tower. Each person that owns or operates a commercial communications tower 40 feet or less in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each commercial communications tower.

[28] Indemnification. Each person that owns or operates a commercial communications tower shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the commercial communications tower. Each person that owns or operates a commercial communications tower shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the commercial communications tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

[29] Engineer signature. All plans and drawings for a commercial communications tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

[30] Financial security. Prior to receipt of a zoning permit for the construction or placement of a commercial communications tower, the WCF applicant shall provide to the Borough financial security sufficient to guarantee the removal of the commercial communications tower. Said financial security shall remain in place until the commercial communications tower is removed.

(b) The additional following regulations shall apply to commercial communications towers located outside the public rights-of-way:

[1] Development regulations.

[a] Commercial communications towers shall not be located in, or within 75 feet of, an area in which utilities are primarily located underground.

[b] Commercial communications towers are permitted by conditional use, outside the public rights-of-way, subject to the prohibition in Subsection BB(3)(b)[1][a], as well as in Subsection BB(3)(a)[3], in the following zoning districts:

C2 Community Business District

[c] Sole use on a lot. A commercial communications tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size specifications set forth in the Borough Zoning Code.

[d] Combined with another use. A commercial communications tower may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

[i] The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the WCF.

[ii] Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the commercial communications tower and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.

[iii] Minimum setbacks. The minimum distance between the base of a commercial communications tower and any adjoining property line or street right-of-way line shall be equal to 100% of the height of the commercial communications tower or the minimum front yard setback of the underlying zoning district, whichever is greatest. Where the site on which a commercial communications tower is proposed to be located is contiguous to an educational use, child day-care facility, or agriculture or residential use, the minimum distance between the base of a commercial communications tower and any such adjoining uses shall equal 250 feet, regardless of the height of the commercial communications tower, unless it is demonstrated to the reasonable satisfaction of the Council that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

[2] Design regulations.

[a] The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

[b] To the extent permissible by law, any height extensions to an existing commercial communications tower shall require prior approval of the Borough.

[c] Any proposed commercial communications tower shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

[d] Any commercial communications tower over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

[3] Surrounding environs.

[a] The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

[b] The WCF applicant shall submit a soil report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the commercial communications tower, and anchors for guy wires, if used.

[4] Fence/screen.

[a] A security fence with a minimum height of 10 feet shall completely surround any commercial communications tower greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

[b] Landscaping shall be required to screen as much of a newly constructed commercial communications tower as possible. Borough Council may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if, in the discretion of the Council, they achieve the same degree of screening. Existing vegetation shall be preserved to the maximum extent possible.

[i] An evergreen screen shall be required to surround the site. The evergreen screen shall be a minimum height of six feet at planting.

[5] Accessory equipment.

[a] Ground-mounted related equipment associated to, or connected with, a commercial communications tower shall be placed underground or screened from public view using stealth technologies, as described above.

[b] All related equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

[6] Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to commercial communications tower. The access road shall be a dust-free all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to ensure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

[7] Parking. For each commercial communications tower greater than 40 feet in height, there shall be two off-street parking spaces.

[8] Inspection. The Borough reserves the right to inspect any commercial communications tower to ensure compliance with the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

(c) The following regulations shall apply to commercial communications towers located in the public rights-of-way.

[1] Location and development standards.

[a] Commercial communications towers in the ROW shall not exceed 40 feet in height and are prohibited in areas in which utilities are located underground.

[b] Commercial communications towers shall not be located in the front facade area of any structure.

[c] Commercial communications towers shall be permitted along certain collector roads and arterial roads throughout the Borough, regardless of the underlying zoning district, provided that they are not situated within 50 feet of an area in which utilities are underground. A map of such permitted roads is kept on file at the Borough Zoning Office.

[2] Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all commercial communications towers in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.

[3] Equipment location. Commercial communications towers and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

[a] In no case shall ground-mounted related equipment, walls, or landscaping be located within 18 inches of the face of the curb.

[b] Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

[c] Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Borough.

[d] Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.

[e] Any underground vaults related to commercial communications towers shall be reviewed and approved by the Borough.

[4] Design regulations.

[a] The WCF shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.

[b] Commercial communications towers in the public ROW shall not exceed 40 feet in height.

[c] To the extent permissible under state and federal law, any height extensions to an existing commercial communications tower shall require prior approval of the Borough, and shall not increase the overall height of the commercial communications tower to more than 40 feet.

[d] Any proposed commercial communications tower shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennas and comparable antennas for future users.

[5] Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a commercial communications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[a] The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;

[b] The operations of the Borough or other governmental entity in the right-of-way;

[c] Vacation of a street or road or the release of a utility easement; or

[d] An emergency as determined by the Borough.

[6] Reimbursement for ROW use. In addition to permit fees as described in this section, every commercial communications tower in the ROW is subject to the Borough's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Borough's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the Borough. The owner of each commercial communications tower shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above.

§ 185-88 Procedure.

A. Written applications for the approval of the uses referred to in this article shall be filed in the public office of the Planning Commission upon forms prescribed for that purpose by that Commission together with application for occupancy certificate as required by § 185-95. Upon the filing of such application, the matter shall be set for public hearing before the Commission. Notice of the time, place, and purpose of such hearing shall be given not less that seven days prior to the date thereof by the following methods:

(1) By at least one advertisement in a newspaper of general circulation in the Borough.

(2) By the display of not less than one poster on each street frontage of the affected site.

(3) By mailing a notice thereof to every association of residents or owners who shall have registered an association address for this purpose with the Commission.

(4) By mailing a notice thereof to each member of the Borough Council.

B. The conditions set forth in § 185-87, both specific and general, shall be construed as requirements for approval of each conditional use; and no such use shall be considered by the Planning Commission or the Borough Council until these requirements have been met. The granting of a variance from a requirement by the Zoning Hearing Board (when circumstances or conditions peculiar to the property so warrant, as set forth in § 185-92C) shall be considered as having met said requirement. Any desired variance must be obtained from the Zoning Hearing Board before the conditional use application is accepted by the Borough Council.

C. The granting of a variance by the Zoning Hearing Board shall not preclude the Planning Commission or the Borough Council from requiring compliance with the originally stated requirement on the basis of planning judgment or to protect the best interests of the surrounding property or neighborhood.

D. The Commission shall make its findings and determinations within 45 days from the date of filing of an application and forthwith shall transmit a copy thereof to the Borough Council and to the applicant. Notification of approval or disapproval of a conditional use shall be forwarded to interested parties when a written request therefor, in each particular case, has been filed with the Commission.

E. Within not more than 45 days after a report and recommendation upon a conditional use application have been received by the Borough Council from the Commission, the Council shall act on the proposed conditional use, provided that if the Commission has recommended against the granting of said use, such approval by the Council shall require an affirmative vote of at least five members of the Council.

F. The time periods of Subsections D and E shall be considered as directive, and failure to act within such periods shall not be construed as acquiescence.