Anything else to the contrary in this chapter notwithstanding,
no cellular antenna, communications equipment buildings or communications
towers shall be erected, installed, constructed or used except in
compliance with this article.
Notwithstanding anything contained in this chapter to the contrary,
communications antennas mounted on an existing public utility transmission
tower, building or other structure, communications towers and communications
equipment buildings shall be permitted uses by right on any municipal-owned
property.
[Amended 5-6-2009 by Ord. No. 1242]
A.
Communications antennas mounted on an existing public utility transmission tower, building or other structure shall be permitted by special exception in the CBD Central Business District, the BAM Baltimore Avenue Mixed Use District and the GB General Business District, provided that the applicant shall otherwise comply with this article and any building or structure which is proposed for mounting of a communications antenna shall otherwise comply with the bulk and setback requirements of the zoning district, subject to the applicable standards for communications antennas, communications towers and communications equipment buildings as special exceptions set forth in § 330-63 of this chapter and the standards for special exception set forth in § 330-81A of this chapter.
B.
Communications towers and communications equipment buildings shall be permitted by special exception in the GB General Business District, subject to the applicable standards for communications antennas, communications towers and communications equipment buildings as special exceptions set forth in § 330-63 of this chapter and the standards for special exception set forth in § 330-81A of this chapter.
C.
Communications antennas, if the communications antenna and any equipment accessory to the communications antenna is completely enclosed inside a steeple, dome, bell tower or other existing building feature, shall be permitted in any zoning district, subject to the applicable standards for communications antennas, communications towers and communications equipment buildings as special exceptions set forth in § 330-63 of this chapter and the standards for special exception set forth in § 330-81A of this chapter.
D.
Communications antennas mounted on an existing building of greater than 50 feet in height above the building shall be permitted by special exception in the Transit Oriented Development Overlay District, provided that the applicant shall otherwise comply with this article and such building which is proposed for the mounting of a communications antenna shall otherwise comply with the bulk and setback requirements of the Transit Oriented Development Overlay District, subject to applicable standards for communications antennas, communications towers and communications equipment buildings as special exceptions set forth in § 330-63 of this chapter and the standards for special exception set forth in § 330-81A of this chapter.
[Amended 5-6-2009 by Ord. No. 1242]
The Zoning Hearing Board may grant a special exception under this chapter only if the applicant has otherwise complied with all of the requirements of this chapter and after the Board finds that the request complies with the following applicable standards and criteria, as well as the standards for a special exception set forth in § 330-81A of this chapter:
A.
Building-mounted communications antennas shall not be located on
any single-family dwelling or two-unit multifamily dwelling.
B.
Building-mounted communications antennas shall be permitted to exceed
the height limitations of the applicable zoning district by no more
than 15 feet. Omnidirectional or whip communications antennas shall
not exceed 15 feet in height and seven inches in diameter.
C.
Directional or panel communications antennas shall not exceed five
feet in height and three feet in width.
D.
Any applicant proposing communications antennas to be mounted on
a building or other structure shall submit 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.
E.
Any applicant proposing communications antennas to be mounted on
a building or other structure shall submit detailed construction and
elevation drawings indicating how the antennas will be mounted on
the structure for review by the Codes Department of Lansdowne Borough
for compliance with the Borough of Lansdowne's Building Code and other
applicable law.
F.
Any applicant proposing communications antennas to be mounted on
a building or other structure shall submit evidence of agreements
and/or easements necessary to provide access to the building or structure
on which the antennas are to be mounted so that installation and maintenance
of the antennas and communications equipment building can be accomplished.
G.
Communications antennas shall comply with all applicable standards
established by the Federal Communications Commission governing human
exposure to electromagnetic radiation.
H.
Communications antennas shall not cause radio frequency interference
with other communications facilities located in the Borough of Lansdowne.
I.
A communications equipment building shall be subject to the setback
requirements of the applicable zoning district for an accessory structure.
A communications equipment building shall not exceed 15 feet in height.
J.
The applicant shall demonstrate that it is licensed by the Federal
Communications Commission to operate a communications tower, if applicable,
and communications antennas.
K.
The applicant shall demonstrate that the proposed communications
tower and communications antennas proposed to be mounted thereon comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
L.
Communications towers shall comply with all applicable Federal Aviation
Administration and Commonwealth Bureau of Aviation regulations.
M.
Any applicant proposing construction of a new communications tower
shall demonstrate that a good faith effort has been made to obtain
permission to mount the communications antennas on an existing building,
structure or communications tower. A good faith effort shall require
that all owners of potentially suitable buildings, structures or communications
towers within a radius of 1/2 mile of the proposed communications
tower site be contacted and that one or more of the following reasons
for not selecting such structure 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 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, access
or height to accommodate the proposed equipment or to allow it to
perform its intended function;
(4)
Addition of the proposed antennas and related equipment would result
in electromagnetic radiation from such structure exceeding applicable
standards established by the Federal Communications Commission governing
human exposure to electromagnetic radiation; or
(5)
A commercially reasonable agreement could not be reached with the
owners of such structures.
N.
A communications tower may be located on a lot occupied by other
principal structures and may occupy a leased parcel within a lot meeting
the minimum lot size requirements for the zoning district.
O.
The applicant shall demonstrate that the proposed height of the communications
tower is the minimum height necessary to perform its function.
P.
The foundation and base of any communications tower shall be set
back from a property line (not lease line) a distance equal to the
height of the tower.
Q.
The base of a communications tower shall be landscaped so as to screen
the foundation and base and the communications equipment building
from abutting properties.
R.
The applicant shall submit certification from a Pennsylvania-registered
professional engineer that a proposed communications 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 Industrial Association/Telecommunications
Industry Association, and applicable requirements of the Borough of
Lansdowne's building code.
S.
The applicant shall submit a copy of its current Federal Communications
Commission license; the name, address and emergency telephone number
for the operator of the communications tower; and 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 communications tower
and communications antennas.
T.
All guy wires associated with guyed communications towers shall be
clearly marked so as to be visible at all times and shall be located
within a fenced enclosure.
U.
Notwithstanding any other regulations regarding fences in this Zoning
Code, the site of a communications tower shall be secured by a stockade
fence with a height of eight feet to limit accessibility by the general
public.
V.
No signs or lights shall be mounted on a communications tower, except
as may be required by the Federal Communications Commission, Federal
Aviation Administration or other governmental agency that has jurisdiction.
X.
If a communications tower remains unused for a period of 12 consecutive
months, the owner or operator shall dismantle and remove the communications
tower within six months of the expiration of such twelve-month period.
The owner or operator of any communications tower shall post a bond
with the Borough for the costs of removing such communications tower
prior to construction of the communications tower.
Y.
If a communications tower is to be located on a property that abuts
any other property located within a residential district, the setback
from the property line of such abutting residential district shall
be 200% of the height of the communications tower, including the antenna.
Z.
A communications antenna and any equipment accessory to the communications
antenna to be completely enclosed inside a steeple, dome, bell tower
or other existing building feature shall be permitted only if:
(1)
The communications antenna is not the primary use on the property;
(2)
The existing building in which the communications antenna is proposed
to be located is not used for residential purposes but rather is used
for commercial, institutional, religious, school or other similar
purposes;
(3)
The lot on which such communications antenna is proposed to be located
has an area of at least one acre; and
(4)
The steeple, dome, bell tower or other existing building feature,
together with the existing structure, shall not exceed 60 feet in
height, notwithstanding any other height limitation applicable in
the zoning district in which the facility is proposed to be located.
