Borough of Rosslyn Farms, PA
Allegheny County
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Table of Contents
Table of Contents
This Article shall apply to all conditional uses and uses by special exception listed as authorized uses in each Zoning District in Articles IV through XVI.
The following procedures shall apply to all applicants for approval of a conditional use or use by special exception in all Zoning Districts.
1301.1 
Approval of Conditional Uses.
Borough Council shall hear and decide requests for conditional uses; however, Borough Council shall not approve a conditional use application unless and until:
A. 
A written application for conditional use approval is submitted to the Zoning Officer no less than twenty-one (21) calendar days prior to the regular meeting of the Planning Commission. The application shall indicate the Section of this Ordinance under which conditional use approval is sought and shall state the grounds upon which it is requested. A complete and properly filed application shall include the following:
1. 
For any proposed conditional use that will require a Building Permit, a plan drawn on a current property survey sealed by a Pennsylvania registered surveyor. The plan shall indicate all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this Ordinance.
2. 
A written statement showing compliance with the applicable express standards and criteria of this Article for the proposed use.
3. 
A Traffic Analysis, as defined by this Ordinance, for the following proposed conditional uses:
a. 
Any proposed use which involves the construction of twenty (20) or more multifamily dwellings.
b. 
Any proposed use which involves the construction of a new commercial building which has a gross floor area of 25,000 square feet or more, or a new industrial building of 50,000 square feet or more.
c. 
Any proposed use which involves the change of use of an existing commercial building which has a gross floor area of 25,000 square feet or more or the change of use of an existing industrial building which has a gross floor area of 50,000 square feet or more.
d. 
Any addition to an existing commercial building which results in a total gross floor area of 25,000 square feet or more or any addition to an existing industrial building which results in a total gross floor area of 50,000 square feet or more.
4. 
The application fee required by § 1702.5 of this Ordinance.
B. 
A written recommendation is received from the Planning Commission or thirty (30) days has passed from the date of the Planning Commission meeting at which the application is first considered as complete and properly filed for approval.
C. 
The property is posted at least seven (7) days prior to Borough Council's public hearing.
D. 
A public hearing is conducted by Borough Council pursuant to public notice within sixty (60) days of submission of a complete and properly filed application.
E. 
Borough Council shall decide requests for conditional uses within forty-five (45) days of the last public hearing on the application.
F. 
In considering an application for conditional use approval, Borough Council may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which conditional use approval is granted, shall be deemed a violation of this Ordinance and shall be subject to the enforcement provisions of § 190-1703 of this Ordinance.
G. 
If land development approval is required for the conditional use, the application for conditional use approval and the application for approval of a land development required by the Borough Subdivision and Land Development Ordinance may be processed concurrently provided all application requirements of both Ordinances for a conditional use and a land development plan are met.
1301.2 
Expiration of Conditional Use Approval.
Conditional use approval shall expire automatically without written notice to the applicant, if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for conditional use approval is submitted within twelve (12) months of said approval, unless Borough Council, in their sole discretion, extends conditional use approval upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one (1) twelve-month extension.
When a Grading Permit or Building Permit, issued in accordance with an approved conditional use, expires without the work described in the permit being initiated and/or diligently pursued, the conditional use shall expire automatically without written notice to the applicant.
1301.3 
Approval of Uses by Special Exception.
The Zoning Hearing Board shall hear and decide requests for uses by special exception. The Zoning Hearing Board shall not approve an application for a use by special exception unless and until:
A. 
A written application for approval of a use by special exception is submitted to the Zoning Officer. The application shall indicate the Section of this Ordinance under which approval of the use by special exception is sought and shall state the grounds upon which it is requested. A complete and properly filed application shall include the following:
1. 
For any proposed use by special exception that will require a Building Permit, a plan drawn on a current property survey sealed by a Pennsylvania registered surveyor. The plan shall indicate all existing and proposed structures and all proposed construction, additions or alterations on the site in sufficient detail to determine the feasibility of the proposed development and compliance with all applicable requirements of this Ordinance.
2. 
A written statement showing compliance with the applicable express standards and criteria of this Article for the proposed use.
3. 
A Traffic Analysis as defined by this Ordinance for the following proposed uses by special exception:
a. 
Any proposed use which involves the construction of any new commercial building which has a gross floor area of 25,000 square feet or more or a new industrial building of 50,000 square feet or more.
b. 
Any proposed use which involves the change of use of an existing commercial building which has a gross floor area 25,000 square feet or more or the change of use of an existing industrial building which has a gross floor area of 50,000 square feet or more.
c. 
Any addition to an existing commercial building which results in a total floor area of 25,000 square feet or more or any addition to an existing industrial building which results in a total floor area of 50,000 square feet or more.
4. 
The application fee required by § 190-1508 of this Ordinance.
B. 
A public hearing pursuant to public notice is conducted by the Zoning Hearing Board within sixty (60) days of submission of a complete and properly filed application. Said hearing shall be conducted in accordance with the procedures specified by § 190-1505 of this Ordinance.
C. 
The property is posted at least seven (7) days prior to the Zoning Hearing Board's public hearing.
D. 
In considering an application for approval of a use by special exception, the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with the spirit and intent of this Article. A violation of such conditions and safeguards, when made a part of the terms and conditions under which approval of a use by special exception is granted, shall be deemed a violation of this Ordinance and shall be subject to the enforcement provisions of § 190-1703 of this Ordinance.
E. 
If land development approval is required for the use by special exception, the application for approval of the use by special exception and the application for approval of a land development required by the Borough Subdivision and Land Development Ordinance may be processed concurrently provided all application requirements of both Ordinances for a use by special exception and a land development plan are met.
1301.4 
Expiration of Approval of a Use by Special Exception.
Approval of a use by special exception shall expire automatically without written notice to the applicant, if no application for a land development plan, a grading permit, a building permit or an occupancy permit to undertake the construction or authorize the occupancy described in the application for approval of the use by special exception is submitted within twelve (12) months of said approval, unless the Zoning Hearing Board, in its sole discretion, extends approval of the use by special exception upon written request of the applicant received prior to its expiration. The maximum extension permitted shall be one (1) twelve (12) month extension.
When a Grading Permit or Building Permit issued in accordance with an approved use by special exception expires without the work described in the permit being initiated and/or diligently pursued, the use by special exception shall expire automatically without written notice to the applicant.
In addition to the specific standards and criteria listed for each use in § 190-1903, all applications for conditional uses and uses by special exception listed in each Zoning District shall demonstrate compliance with all of the following general standards and criteria:
A. 
The use shall not endanger the public health, safety or welfare nor deteriorate the environment of the property where it is proposed.
B. 
The use shall comply with all applicable requirements of the Zoning District in which it is located.
C. 
Ingress, egress and traffic circulation on the property shall be designed to ensure safety and access by emergency vehicles and to minimize congestion and the impact on local streets.
D. 
Outdoor lighting, if proposed, shall be shielded and reflected away from residential properties and public streets.
E. 
For all uses which are subject to the requirements of the Americans with Disabilities Act (ADA), the applicant shall certify that all applicable ADA requirements have been met in the design.
In addition to the general standards and criteria for all conditional uses and uses by special exception listed in § 190-1302, an application for any of the following uses which are listed in any Zoning District as a conditional use or use by special exception shall comply with the applicable standards and criteria specified below for that use.
1303.1 
Billboards, subject to:
a. 
All billboards shall be subject to express standards and criteria contained in § 190-1206 of this Ordinance.
1303.2 
Principal or Accessory Building or Structure Exceeding the Height Limitations of the Zoning District, subject to:
a. 
A nonresidential building or structure located in the C-1 or I-1 District may exceed the height limitations of the Zoning District in which it is located, provided all applicable yards are increased by one (1) foot for each one (1) foot of building or structure height in excess of the maximum allowable height in the Zoning District. In the case of a development in the C-1 District, the yards that shall be increased are those that adjoin any property outside the C-1 District or those that adjoin any property line within the District that is devoted to residential use.
b. 
In no case shall a building or structure approved under this Subsection exceed sixty (60) feet in height in an I-1 District, nor more than one hundred twenty (120) feet in the C-1 District.
c. 
A soils report prepared by a geotechnical engineer shall be submitted that addresses any special foundation techniques that may be warranted.
1303.3 
Churches; Schools, subject to:
a. 
The minimum lot area required for a Post Secondary School shall be ten (10) acres. The minimum lot area required for all other schools and churches shall be one (1) acre.
b. 
If a residential facility (such as a convent or monastery) is proposed as part of a church, no more than ten (10) persons shall be housed.
c. 
A dwelling (such as a manse or parsonage) may be located on the same lot with a church provided all requirements of this Ordinance for single family dwellings in the Zoning District can be met in addition to the minimum lot area, lot width and yard requirements applicable to the church.
d. 
If the school includes dormitories, the dormitories shall be screened along any property line adjacent to single family use or zoning classification by Bufferyard B, as defined by § 1402.2 of this Ordinance.
e. 
All schools shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment and vehicles.
1303.4 
Communications Tower, subject to:
[Amended Ord. No. 393]
(1) 
The following regulations shall apply to all Communications Towers, excluding any Communications Tower that owned and operated by a federally licensed amateur radio status operator.
a. 
Standard of Care. Any Communications Tower 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. A Communications Tower 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.
b. 
Notice. Upon submission of an application for a Communications Tower and the scheduling of the public hearing upon the application, the Applicant shall mail notice to all owners of every property within five hundred (500) feet of the proposed facility. The Applicant shall provide proof of the notification to the Borough.
c. 
Conditional Use Authorization Required. Communications Towers are permitted by conditional use in certain areas, at a height necessary to satisfy their function in the Applicant's wireless communications system. No 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 Applicant shall demonstrate that the Communications Tower is the minimum height necessary for the service area.
(1) 
Prior to Council's approval of a conditional use authorizing the construction and installation of a Communications Tower, it shall be incumbent upon the Applicant for such conditional use approval to prove to the reasonable satisfaction of the Council that the Applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, antennas, and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The Applicant shall further demonstrate that the proposed Communications Tower must be located where it is proposed in order to serve the Applicant's service area and that no other viable alternative location exists.
(2) 
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 Applicant, the power in watts at which the Applicant transmits, and any relevant related tests conducted by the Applicant in determining the need for the proposed site and installation.
(3) 
The conditional use application shall be accompanied by documentation demonstrating that the proposed Communications Tower complies with all state and federal laws and regulations concerning aviation safety.
(4) 
Where the Communications Tower is located on a property with another principal use, the 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.
(5) 
The conditional use application shall be accompanied by documentation demonstrating that the proposed Communications Tower complies with all applicable provisions in this section.
d. 
Engineer Inspection. Prior to the Borough's issuance of a permit authorizing construction and erection of a 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.
e. 
Visual Appearance and Design. 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 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. Application of the Stealth Technology chosen by the Applicant shall be subject to the approval of Borough Council.
f. 
Collocation and siting. An application for a new Communications Tower shall demonstrate that the proposed Communications Tower cannot be accommodated on an existing or approved structure or building, or sited on land owned and maintained by Rosslyn Farms Borough. Borough Council may deny an application to construct a new Communications Tower if the Applicant has not made a good faith effort to mount a Communications Antenna on an existing structure. The Applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one quarter (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:
(1) 
The proposed antenna and Related Equipment would exceed the structural capacity of the existing building, structure or tower.
(2) 
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.
(3) 
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, or a commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
g. 
Permit Required for Modifications. To the extent permissible under applicable state and federal law, any Applicant proposing the modification of an existing Communications Tower, which increases the overall height of such WCF, shall first obtain a building permit from the Borough. Non-routine modifications that do not fall under the WBCA or the FCC's October 2014 Report & Order shall be prohibited without such permit.
h. 
Gap in Coverage. An application for a 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 propose dis the least intrusive means by which to fill such gap. The existence or non-existence of a gap in wireless coverage or capacity shall be a factor in the Borough's decision on an application for approval of Communications Tower.
i. 
Additional Antennas. As a condition of approval for all Communications Towers, the Applicant shall provide the Borough with a written commitment that it will allow other service providers to collocate antennas on Communications Tower where technically and economically feasible. The owner of a Communications Tower shall not install any additional antennas without obtaining the prior written approval of the Borough.
j. 
Wind. Any Communications Tower structures shall be designed to withstand the effects of wind gusts of at least one hundred (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.
k. 
Height. The maximum height of any Communications Tower shall not exceed one hundred fifty (150) feet.
l. 
Related Equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to three (3) metal boxes placed on a concrete pad not exceeding ten (10) feet by twenty (20) feet in area housing the receiving and transmitting equipment may be located on the site for each unrelated company sharing space on the Communications Tower, which is not located in a public Right-of-Way.
m. 
Public Safety Communications. No 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.
n. 
Maintenance. A Communications Tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair. 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, and utilize the best available technology for preventing failures and accidents.
o. 
Radio Frequency Emissions. A 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.
p. 
Historic Buildings or Districts. A 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.
q. 
Signs. All 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.
r. 
Lighting. No Communications Tower shall be artificially lighted, except as required by law. If lighting is required, the 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 Applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities.
s. 
Noise. A Communications Tower 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.
t. 
Aviation Safety. Communications Tower shall comply with all federal and state laws and regulations concerning aviation safety.
u. 
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 Communications Tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The 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.
v. 
Timing of Approval. Within thirty (30) calendar days of the date that an application for a Communications Tower is filed with the Borough, the Borough shall notify the Applicant in writing of any information that may be required to complete such application. All applications for Communications Towers shall be acted upon within one hundred fifty (150) days of the receipt of a fully completed application for the approval of such Communications Tower and the Borough shall advise the Applicant in writing of its decision.
w. 
Non-Conforming Uses. Non-conforming 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.
x. 
Removal. In the event that use of a 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 Communications Towers shall be removed within six (6) months of the cessation of operations at the site unless a time extension is approved by the Borough. If the WCF and/or accessory facility is not removed within such time, the Communications Tower and Related Equipment may be removed by the Borough and the cost of removal assessed against the owner of the Communications Tower.
y. 
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 Communications Tower, as well as related inspection, monitoring, and related costs.
z. 
FCC License. Each person that owns or operates a Communications Tower over thirty-five (35) 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, on an annual basis.
aa. 
Insurance. Each person that owns or operates a Communications Tower greater than thirty-five (35) 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 Communications Tower. Each Person that owns or operates a Communications Tower thirty-five (35) 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 Communications Tower.
bb. 
Indemnification. Each person that owns or operates a 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 Communications Tower. Each person that owns or operates a 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 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.
cc. 
Financial security. Prior to receipt of a zoning permit for the construction or placement of a Communications Tower, the Applicant shall provide to the Borough financial security sufficient to guarantee the removal of the Communications Tower. Said financial security shall remain in place until the Communications Tower is removed.
(2) 
In addition to the regulations enumerated in Section 109-1303.4(1), the following shall apply to Communications Towers located outside the Public Rights-of-Way:
a. 
Development Regulations.
(1) 
Communications Towers are permitted via the conditional use process in the C-2, Mixed Use District.
(2) 
Sole use on a lot. A 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.
(3) 
Combined with another use. A Communications Tower may be permitted on a property with an existing use, or on a vacant parcel in combination with another use subject to the following conditions:
(a) 
The existing use on the property may be any permitted use in the applicable district.
(b) 
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the Communications Tower and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than thirty-five (35) feet in height.
(4) 
Minimum setbacks. The minimum distance between the base of a Communications Tower and any adjoining property line or street right-of-way line shall be equal to 100% of the height of the Communications Tower or the minimum front yard setback of the underlying zoning district, whichever is greatest.
b. 
Surrounding Environs. The 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. Landscaping shall be required to screen as much of a newly constructed 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.
c. 
Fence. A chain link security fence with a height of ten (10) feet shall completely surround any Communications Tower greater than thirty-five (35) feet in height, as well as guy wires, or any building housing WCF equipment. An evergreen screen shall be required to surround the site, which must be a minimum height of six (6) feet at planting and grow to a minimum of fifteen (15) feet at maturity.
d. 
Accessory Equipment.
(1) 
Ground-mounted Related Equipment associated to, or connected with, a Communications Tower shall be placed underground or screened from public view using Stealth Technologies, as described herein.
(2) 
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.
e. 
Access Road. For Communications Towers greater than thirty-five (35) feet in height, an access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to Communications Tower. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.
f. 
Parking. For each Communications Tower greater than thirty-five (35) feet in height, there shall be two off-street parking spaces.
g. 
Inspection. The Borough reserves the right to inspect any Communications Tower not located in the ROW 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.
(3) 
In addition to all applicable regulations enumerated in Section 109-1303.4(1), the following regulations shall apply to Communications Towers located in the Public Rights-of-Way.
a. 
Location and development standards.
(1) 
Communications Towers greater than thirty-five (35) feet in height are prohibited in the Public ROW and in areas and subdivisions in which all utilities are located underground.
(2) 
Communications Towers shall not be located in the front facade area of any structure.
(3) 
Communications Towers shall be permitted along certain collector roads and arterial roads throughout the Borough, regardless of the underlying zoning district. The permitted roads are described as follows:
Arch Street; Lower Rosslyn Road from Pilgrim to the Carnegie Borough Line; Kings Highway from Club Road to the Robinson Township Line; and Ramp G.
b. 
Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all 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.
c. 
Equipment Location. 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:
(1) 
In no case shall ground-mounted Related Equipment, walls, or landscaping be located within eighteen (18) inches of the face of the curb.
(2) 
Ground-mounted Related Equipment shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
(3) 
Any graffiti on the tower or on any Related Equipment shall be removed at the sole expense of the owner.
d. 
Relocation or Removal of Facilities. Within sixty (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 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:
(1) 
The construction, repair, maintenance or installation of any Borough or other public improvement in the Right-of-Way;
(2) 
The operations of the Borough or other governmental entity in the right-of-way;
(3) 
Vacation of a street or road or the release of a utility easement; or
(4) 
An emergency as determined by the Borough.
e. 
Reimbursement for ROW Use. In addition to permit fees as described in this section, every 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 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.
1303.5 
Community Club, subject to:
a. 
Any community club that includes a swimming pool shall meet the parking requirements for a swimming pool specified in Article XI.
b. 
Any community club which includes a kitchen and social hall shall meet the parking requirements specified in Article XI for eating and drinking establishments.
c. 
All off-street parking which adjoins single family use or Residential Zoning District shall be screened by a minimum six (6) foot high compact evergreen hedge.
1303.6 
Community Services Institution, Educational, Religious, Philanthropic Institution, subject to:
a. 
The site shall have frontage on and direct vehicular access to an arterial or collector street, as defined by this Ordinance.
b. 
The use shall 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 (1) time.
c. 
All parking areas adjacent to single family use or zoning classification shall be screened by a minimum six (6) foot high compact evergreen hedge.
d. 
If housing is provided, including dormitory facilities for students and teachers, the minimum lot area shall be ten thousand (10,000) square feet plus three hundred (300) square feet for each sleeping room in excess of four (4); where a sleeping room is occupied by more than two (2) beds, every two (2) beds therein shall be counted as a single sleeping room.
e. 
The minimum front, rear and side yards otherwise required in the Zoning District each shall be increased by ten (10) feet.
f. 
All structures shall be designed to provide convenient access for emergency vehicles and access to all sides of the building by fire-fighting equipment and vehicles.
g. 
In residential facilities, supervision shall be provided on a 24-hour basis, and, in the case of residents needing specialized care, the supervision shall be provided by persons certified or qualified by the licensing or sponsoring agency.
h. 
In the S, R-1 and R-2 Districts, the maximum number of residents housed shall be ten (10).
1303.7 
Comparable Use Not Specifically Listed, subject to:
a. 
Uses of the same general character as any of the uses authorized as permitted uses by right, conditional uses or uses by special exception in the Zoning District in which the property is located shall be allowed, if the Zoning Hearing Board determines that the impact of the proposed use on the environment and adjacent streets and properties is equal to or less than any use specifically listed in the Zoning District. In making such determination, the Board shall consider the following characteristics of the proposed use:
[1] 
The number of employees;
[2] 
The floor area of the building or gross area of the lot devoted to the proposed use;
[3] 
For those uses included in the most recent edition of the Standard Industrial Classification Manual published by the Office of Management and Budget, whether the proposed use shares the same SIC code or Major Group number as one (1) or more uses that are specifically listed in the Zoning District;
[4] 
The type of products, materials and equipment and/or processes involved in the proposed use;
[5] 
The magnitude of walk-in trade;
[6] 
The traffic and environmental impacts.
b. 
The proposed use shall comply with all applicable area and bulk regulations of the Zoning District.
c. 
The proposed use shall comply with any applicable express standards and criteria specified in this Article for the most nearly comparable use by special exception or conditional use listed in the Zoning District in which the comparable use is proposed.
d. 
The proposed use shall be consistent with the Purpose Statement for the Zoning District in which it is proposed and shall be consistent with the Community Development Objectives of this Ordinance.
1303.8 
Day Care Center or Nursery School, subject to:
a. 
The facility shall be registered with or licensed by the Commonwealth, if applicable.
b. 
In residential Zoning Districts, the facility shall be permitted to be located only in a church or school.
c. 
Outdoor play areas shall be provided which shall have a minimum area of sixty-five (65) square feet per child and which shall be secured by a fence with self-latching gate.
d. 
Outdoor play areas which adjoin residential lots shall be screened by Buffer Area C, as defined by § 1402.2 of this Ordinance.
e. 
The general safety of the property proposed for a day care center, nursery school or pre-school facility shall meet the needs of small children, particularly with respect to safe drop-off and pick up areas and safe conditions in the outdoor play area and means of pedestrian and vehicular access to the site and the building.
f. 
Off-street parking shall be provided in accordance with the requirements of Article XI of this Ordinance.
1303.9 
Expansion of a Nonconforming Use, subject to:
a. 
It shall be determined that the expansion of such use will not be detrimental to the neighborhood, taking into consideration the physical relationship of the nonconforming use to the surrounding properties, the probable hours of operation, the activities to be conducted, any affect on parking, traffic access, and other uses authorized in the proximity thereof and all other factors relating to the health, safety and general welfare of the Borough or any portion thereof.
b. 
Such expanded nonconforming use shall be sited, oriented and landscaped to shield effectively such expanded non-conforming use from adjacent properties.
c. 
Expansion of a nonconforming use shall be further subject to the provisions of § 1601.4 of this Ordinance.
1303.10 
Greenhouse or Horticultural Nursery, subject to:
a. 
The minimum site for a greenhouse or horticultural nursery shall be two (2) acres.
b. 
No storage of manure or odor or dust producing substances shall be permitted within two hundred (200) feet of any adjacent lot line.
c. 
No greenhouse heating plant shall be operated within fifty (50) feet of any adjacent lot line.
d. 
No products shall be outwardly displayed or offered for sale on the premises or from the roadside.
1303.11 
Home Occupation, subject to:
a. 
The home occupation shall be conducted by a member of the family residing in the dwelling unit and not more than one (1) person who is not a resident of the dwelling unit shall be employed in the dwelling unit.
b. 
The home occupation shall be carried out wholly within the principal dwelling. The home occupation shall not be conducted in any accessory structure.
c. 
No more than twenty percent (20%) of the gross floor area of the principal dwelling shall be devoted to the conduct of the home occupation.
d. 
No commodity or merchandise shall be sold on the premises.
e. 
There shall be no display of merchandise on the premises; however, merchandise may be stored on the premises for delivery off the premises.
f. 
Exterior displays or signs, exterior storage of material, any variation from the residential character of the principal structure or any other exterior indication of the home occupation shall not be permitted.
g. 
The use shall not require internal or external alterations or construction features which are not customary to a dwelling or which change the fire rating of the structure.
h. 
Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced.
i. 
The use shall not significantly intensify vehicular or pedestrian traffic beyond that which is normal for the residences in the neighborhood.
j. 
There shall be no use of materials or equipment except that of similar power and type normally used in a residential dwelling for domestic or household purposes.
k. 
The use shall not cause an increase in the use of water, sewerage, electricity, garbage, public safety or any other municipal services beyond that which is normal for the residences in the neighborhood.
l. 
The home occupation shall not involve the use of commercial vehicles for daily delivery of materials to or from the premises and commercial vehicles shall not be parked on the premises.
m. 
Any home occupation where customers, clients or students routinely visit the premises shall provide a paved off-street parking area in accordance with the requirements of § 1102.3 for the specific use.
n. 
The home occupation shall not involve the use of advertising signs on or off the premises or any other local advertising media which shall call attention to the fact that the dwelling is being used for business purposes other than a telephone listing and a small classified ad listing only the telephone number.
o. 
The following uses shall not be considered home occupations and shall be restricted to the Zoning Districts in which they are specifically authorized as permitted uses, conditional uses or uses by special exception, including, but not limited to:
[1] 
Beauty shops or barber shops containing more than one (1) chair;
[2] 
Medical Clinics, hospitals or nursing homes;
[3] 
Funeral homes;
[4] 
Adult Day Care for more than three (3) persons;
[5] 
Kennels, veterinary offices and clinics;
[6] 
Private clubs;
[7] 
Private instruction to more than two (2) students at a time;
[8] 
Restaurants or tearooms;
[9] 
Tourist or boarding home, other than Bed and Breakfast;
[10] 
Vehicle or equipment rental, repair or sales;
[11] 
Vehicle repair garages, as defined by this Ordinance.
p. 
Day Care Homes, as defined by this Ordinance, shall meet all of the foregoing requirements for a home occupation, as well as the following additional requirements:
[1] 
Adequate areas for outdoor recreation shall be provided and shall be secured by a fence with self-latching gate.
[2] 
A safe area shall be provided for dropping off and picking up children which does not obstruct the free flow of traffic on any public street.
[3] 
Off-street parking shall be provided in accordance with the requirements of § 1102.4.
1303.12 
Hotel/Motel, subject to:
a. 
The site shall have direct vehicular access to an arterial or collector street.
b. 
The minimum lot area required shall be one thousand (1,000) square feet per sleeping unit for one-story buildings and seven hundred fifty (750) square feet per sleeping unit for buildings exceeding one-story.
c. 
Where two (2) or more principal buildings are on one lot, the minimum distance between the principal buildings shall be as follows:
[1] 
Front-to-front or front-to-rear or rear-to-rear, seventy (70) feet.
[2] 
Side-to-side, twenty (20) feet.
[3] 
Front-to-side or rear-to-side, fifty (50) feet.
d. 
Each room shall have at least three hundred (300) square feet of floor area (including bath), and no sleeping unit shall contain more than two (2) bedrooms.
1303.13 
Motor Freight Terminal, subject to:
a. 
Every portion of the property used for terminal purposes shall be located not closer than one hundred (100) feet to any property in a "P", "R", "S" or "C" Zoning District.
b. 
Access for motor freight vehicles shall be by way of streets of adequate width as determined by Borough Council.
c. 
The site shall be fully surrounded with a barrier adequate to insure that no portion of any vehicle shall extend beyond the lot line.
d. 
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 (1) parking space sufficient to park a motor freight vehicle for every four (4) loading or unloading docks.
e. 
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.
f. 
The number, location and width of entrances to and exits from the site shall be determined by Borough Council after a recommendation from the Planning Commission and the Chief of Police.
g. 
No vehicular entrance or exit shall be closer than three hundred (300) feet to an entrance or exit of any elementary or secondary or vocational school, playground, church or public library located on the same side of a street or way, and not separated therefrom by an intervening street or way.
1303.14 
Multifamily and Two Family Dwellings, subject to:
a. 
Multifamily and two family dwellings shall be permitted in the C-1 District only as part of a mixed use development that shall contain office buildings and/or research laboratories and one (1) or more of the other authorized nonresidential uses in the District.
b. 
In calculating the number of dwelling units that shall be permitted on the site, all areas with slopes of 24% or greater shall be excluded from the gross site area. The resulting net site area with slopes less than 25% shall be utilized to calculate dwelling unit density. In no case shall the net site area devoted to two family and multifamily dwellings exceed five (5) acres, either individually or cumulatively within the entire C-1 District.
c. 
Buffer Area A, as defined in § 1402.2 of this Ordinance, shall be provided along all property lines between residential and nonresidential uses within the mixed use development site and along all property lines adjoining single family residential development around the perimeter of the mixed use development site.
d. 
The site shall have direct vehicular access to an arterial or collector street, as defined by this Ordinance.
e. 
The minimum lot area required to construct townhouse or garden apartments shall be one (1) acre.
f. 
The maximum dwelling unit density for two family dwellings, garden apartments and townhouses shall be eight (8) units per acre.
g. 
All principal buildings shall be set back a minimum of fifty (50) feet from any property line or street right-of-way line.
h. 
The maximum number of dwelling units in any townhouse building shall be eight (8).
i. 
The maximum number of dwelling units in any garden apartment building shall be sixteen (16).
j. 
The maximum length of any residential building shall not exceed two hundred fifty (250) feet.
k. 
Where two (2) or more buildings exist on the same lot, the minimum distance between buildings shall be twenty (20) feet or fifty percent (50%) of the height of the taller building, whichever is greater.
l. 
All parking areas adjacent to single family use or zoning classification which are not screened by a Buffer Area shall be screened by a minimum six (6) foot high compact evergreen hedge.
m. 
All portions of the property not covered by buildings, driveways, parking, pools, shelters, gazebos or other paved areas shall be suitably landscaped with grass, ground cover and decorative shrubs or trees.
n. 
The design and orientation of the buildings on the property shall take into account compatibility with the visual impact on adjacent single family residential properties. The buildings and the property shall be effectively landscaped to minimize such impacts on adjacent residential properties.
o. 
Indoor or outdoor recreational facilities appropriate to the needs of the prospective residents shall be provided subject to approval by Borough Council.
p. 
Any proposed multifamily or two family dwellings in the C-1 District shall be located adjacent to existing residential development on adjacent property outside the C-1 District to provide a transition between residential and nonresidential land uses.
1303.15 
Public Buildings; Firehouses, subject to:
a. 
Ingress and egress to and from police and fire houses shall be located so as to maximize sight distance along adjacent public streets and enhance safety for vehicles exiting the property.
b. 
Fire houses, police stations and municipal maintenance facilities shall be located on the property so that vehicles and equipment can be maneuvered on the property without interrupting traffic flow or blocking public streets.
c. 
All outside storage of materials, vehicles or equipment shall be screened from public view from streets and adjacent properties by a six (6) foot hedge or opaque fence.
d. 
Social halls in firehouses or other community buildings shall be subject to the parking requirements specified in Article XI for eating and drinking establishments.
e. 
Social halls in firehouses located in an "S" or "R" District or within one hundred (100) feet of an "S" or "R" District shall keep doors and windows closed during any hours when entertainment is presented.
f. 
All off-street parking which adjoins residential use or Residential Zoning District shall be screened by Buffer Area C as defined in § 1402.2 of this Ordinance.
1303.16 
Public or Private Indoor Recreation Facilities, subject to:
a. 
The location of buildings and structures shall be designed to minimize impact on adjacent residential properties.
b. 
Buffer Area B, as defined in § 1402.2 of this Ordinance, shall be provided along all property lines adjacent to residential use or zoning classification if the indoor recreation facility is within one hundred (100) feet of the property line.
c. 
All parking areas shall be screened by Buffer Area C, as defined in § 1402.2 of this Ordinance, along all property lines adjacent to residential use or zoning classification.
1303.17 
Public or Private Outdoor Recreation, subject to:
a. 
No lighting shall be permitted other than in parking lots and walkways necessary for pedestrian safety and such lighting shall be shielded away from adjacent streets and properties.
b. 
Any outdoor facility located within two hundred (200) feet of an existing dwelling shall cease operations at dusk.
c. 
Outdoor speakers shall not be permitted.
d. 
The location of buildings and structures shall be designed to minimize the impact on adjacent residential properties.
e. 
Playing fields, courts or other active recreational facilities shall be located at least two hundred (200) feet from any occupied dwelling.
f. 
Buffer Area B, as defined in § 1402.2 of this Ordinance, shall be provided along all property lines adjacent to residential use or Residential Zoning District for any active outdoor recreation facility that is within one hundred (100) feet of the property line. Buffer Area B shall also be provided along the front property line, if necessary to screen recreational facilities from existing dwellings across the street.
g. 
All parking areas shall be screened by Buffer Area C, as defined in § 1402.2 of this Ordinance, along all property lines adjacent to residential use or Residential Zoning District. Buffer Area C shall also be provided along the front property line, if necessary to screen parking from existing dwellings across the street.
h. 
Community gardens shall be located no closer than twenty (20) feet of any property line. A minimum of five (5) parking spaces shall be provided in a location convenient to the community gardens. A convenient source of public water shall be provided.
i. 
Location of buildings and facilities, traffic circulation on the property and parking areas shall be designed to provide adequate access for emergency medical vehicles and fire-fighting equipment.
j. 
Connection to public sewers and public water shall be required and adequate sanitary facilities shall be available to the public during regular hours of operation.
1303.18 
Public Parking Garage, subject to:
a. 
All public parking garages shall be designed to have direct vehicular access to an arterial or collector street, as defined by this Ordinance.
b. 
All public parking garages shall be designed to minimize traffic congestion on the site or within the garage and for traffic entering or leaving the site or parking structure.
c. 
The design of any public parking garage proposed to be located on property which adjoins a residential zoning district shall take into account the height, visual, light and air impacts on adjacent residences and shall utilize architectural materials for the exterior walls facing those residential areas which are compatible with the residential character of adjacent properties.
d. 
Any public parking garage structure, whether proposed as a principal structure or an accessory structure, shall comply with the yard requirements for a principal structure.
e. 
Any public parking garage which is reserved for the customers or employees of a specific use and is not available to the general public shall be located within five hundred (500) feet of the specific use which it is intended to serve.
f. 
Any public parking garage in a residential zoning district shall be screened by a minimum six (6) foot high compact, dense evergreen hedge along all side or rear property lines which adjoin residential use or zoning classification. Driveway access to such a public parking garage shall be designed to minimize conflict with any existing private driveway serving a residential lot and any existing on-street parking.
1303.19 
Public Utility Buildings or Structures, subject to:
a. 
Public utility structures, other than buildings, may exceed the height limitations of the Zoning District, provided the minimum required yards are increased by one (1) foot for each one (1) foot of height in excess of the maximum allowable height.
b. 
Maintenance vehicles shall be stored within a completely enclosed building.
c. 
Outdoor storage of materials or equipment, other than maintenance vehicles, shall be permitted only if the storage area is completely enclosed by a minimum six (6) foot high opaque fence with locking gate, fencing or by a six (6) foot high compact dense evergreen hedge.
d. 
Only those buildings or structures essential to the operation and maintenance of the essential services provided by a public utility shall be permitted in a Residential Zoning District. Administrative offices shall not be authorized under this Subsection in any "R" Residential District.
1303.20 
Sexually Oriented Businesses, subject to:
a. 
Sexually oriented businesses shall not be permitted in any Zoning District other than the I-1, General Industrial District.
b. 
A sexually oriented business shall not be located within one thousand (1,000) feet of any of the following:
[1] 
a church;
[2] 
a public or private pre-elementary, elementary or secondary school;
[3] 
a public library;
[4] 
a child care facility or nursery school;
[5] 
a public park adjacent to any residential Zoning District.
This measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private pre-elementary, elementary or secondary school, public library, child care facility or nursery school; or to the nearest boundary of an affected public park.
c. 
A sexually oriented business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location subsequent to the grant or renewal of the sexually oriented business permit, of a church, public or private pre-elementary, elementary or secondary school, public library, child care facility, nursery school or public park within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
d. 
No sexually oriented business shall be located within two thousand five hundred (2,500) feet of another sexually oriented business. The distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
e. 
No more than one (1) sexually oriented business shall be established or enlarged in any building, structure or portion thereof containing another sexually oriented business.
f. 
A sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of fewer than one hundred fifty (150) square feet of floor space, a film or videocassette or other video or other image production or reproduction which depicts "specified sexual activities" or "specified anatomical areas", shall comply with the following requirements:
[1] 
The application for a permit to operate a sexually oriented business shall be accompanied by a floor plan and plot plan diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations, the location of all viewing rooms, partitions and doors and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station shall not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's drawing shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The Zoning Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
[2] 
The application shall be sworn to be true and correct by the applicant.
[3] 
No alteration in the configuration or location of a manager's station shall be made without the prior approval of the Zoning Officer or his designee.
[4] 
It shall be the duty of the owners and operators of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
[5] 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction or viewing equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations. The view required in this Subsection shall be by direct line of sight from the manager's station.
[6] 
It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises to ensure that the view as specified in Subparagraph [5] remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection [1], above.
[7] 
No viewing room may be occupied by more than one (1) person at any time. No connections or openings to an adjacent viewing room shall be permitted.
[8] 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not fewer than one (1) foot candle as measured at the floor level.
[9] 
It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
g. 
Modeling classes using nude models shall be exempt from these regulations and the requirement to obtain approval as a use by special exception, provided they are operated:
[1] 
by a proprietary school, licensed by the Commonwealth of Pennsylvania, or a college, junior college or university supported entirely or partly by taxation;
[2] 
by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
[3] 
in a structure:
[a] 
which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
[b] 
where, in order to participate in a class, a student must enroll at least three (3) days in advance of the classes; and
[c] 
where no more than one (1) nude model is on the premises at any one time.
h. 
The application for approval of the use by special exception shall be signed by the applicant. If the applicant is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a direct or indirect interest of ten percent (10%) or greater in the corporation shall sign the application for a permit as applicant.
i. 
If approval of the use by special exception is granted, the Certificate of Occupancy shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The Certificate of Occupancy shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
j. 
As a condition of approval of the use by special exception, the applicant shall agree to permit representatives of the Police Department, Fire Official, Zoning Officer or other Borough departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time that the sexually oriented business is occupied or open for business.
k. 
As a condition of approval of the use by special exception, the applicant shall agree to making an application for renewal of the Certificate of Occupancy on or before December 31st of each year. The applicant shall meet all of the following conditions for issuance and renewal of the Certificate of Occupancy.
[1] 
The applicant is eighteen (18) years of age or older.
[2] 
The applicant or applicant's spouse shall not be overdue in his or her payment to the Borough of taxes, fees, fines or penalties assessed against him or her imposed upon him in relation to a sexually oriented business.
[3] 
The applicant shall provide information reasonably necessary for issuance of the permit and shall not falsely answer a question or request for information on the application form.
[4] 
The applicant shall not reside with a person who has been denied a permit by the Borough to operate a sexually oriented business within the preceding twelve (12) months, or with a person whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months.
[5] 
The premises to be used for the sexually oriented business shall have been inspected and shall have been approved by both the Zoning Officer and the Fire Official as being in compliance with the applicable laws and ordinances.
[6] 
The permit fee required by this Ordinance shall have been paid. The applicant shall not be in violation of and shall be in compliance with all of the provisions of this Ordinance.
[7] 
The individual applicant or any individual holding a direct or indirect interest of more than ten percent (10%) of a corporate applicant, or any of the officers and directors of a corporate applicant, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the manager or other person in charge of the operation of the applicant's business, shall not have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including, but not limited to, prostitution, obscenity and possession of child pornography or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania. In order for approval to be denied pursuant to this Subsection, the person's or persons' conviction or release in connection with the sexual misconduct offense shall have occurred within two (2) years of the date of application in the event of a misdemeanor and within five (5) years of the date of application in the event of a felony.
l. 
As a condition of approval of the use by special exception, the applicant shall agree that if the Zoning Officer denies renewal of the Certificate of Occupancy, the applicant shall not be eligible for another Certificate of Occupancy for one (1) year from the date of denial, unless the violations cited as the basis for denial have been corrected or abated within ninety (90) days of the date of denial.
m. 
As a condition of approval of the use by special exception, the applicant understands that the Certificate of Occupancy shall be suspended for a period not to exceed thirty (30) days if the Zoning Officer determines that the applicant committed one (1) or more of the following:
[1] 
Violated or failed to comply with any requirement of this Subsection or any condition attached to the approval by the Zoning Hearing Board;
[2] 
Engaged in excessive use of alcoholic beverages or allowed others to engage in the excessive use of alcoholic beverages while on the sexually oriented business premises;
[3] 
Refused to allow an inspection of the sexually oriented business premises as authorized by this Ordinance;
[4] 
Knowingly permitted gambling by any person on the premises of the sexually oriented business;
[5] 
Failed to man managers' stations and/or maintain viewing rooms as set forth in this Subsection.
n. 
As a condition of approval of the use by special exception, the applicant understands that the Certificate of Occupancy shall be revoked if the Zoning Officer determines that one (1) or more of the following has occurred:
[1] 
The applicant, or any of the persons specified in Subparagraph k [7], is or has been convicted of the offenses specified in Subparagraph k [7];
[2] 
The applicant gave false or misleading information in the material submitted to the Borough during the application process;
[3] 
The applicant or an employee of an applicant has knowingly allowed possession, use or sale of controlled substances on the premises;
[4] 
The applicant or an employee of an applicant has knowingly allowed prostitution on the premises;
[5] 
The applicant or an employee of an applicant knowingly operated the sexually oriented business during a period of time when the applicant's permit was suspended;
[6] 
The applicant or an employee of an applicant has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other explicit sexual conduct to occur in or on the permitted premises;
[7] 
The applicant is delinquent in payment to the Borough or State of any taxes or fees relating to sexually oriented businesses.
o. 
Any suspension or revocation of the Certificate of Occupancy for a period of six (6) months or more shall result in the expiration of approval of the use by special exception. Any application to reinstate the lapsed Certificate of Occupancy shall require a new application for and approval of the use by special exception.
p. 
Neither the approval of the use by special exception nor the Certificate of Occupancy issued thereunder shall be transferred from the applicant to any other person, nor shall it authorize the operation of a sexually oriented business at any place other than the address designated in the application.
1303.21 
Supporting Commercial Uses
a. 
Supporting commercial uses shall be limited to the following uses:
1. 
Business services
2. 
Travel agency
3. 
Pharmacy, if related to medical offices or clinics
4. 
Sale of medical supplies and equipment, if related to medical offices or clinics
5. 
Newsstand or tobacco shop
6. 
Card and gift or stationery store
7. 
Florist
8. 
Restaurant, coffee shop, delicatessen, ice cream or candy shop or bakery
b. 
Supporting commercial uses shall be located on the ground or first floor of any principal building in the C-1 District and may be permitted in a freestanding principal or accessory building, provided the gross floor area of the freestanding building shall not exceed ten thousand (10,000) square feet
c. 
The total floor area devoted to supporting commercial uses shall not exceed fifteen percent (15%) of the total floor area of all principal buildings on the site.
d. 
The maximum net floor area devoted to any single supporting commercial use shall be five thousand (5,000) square feet.
e. 
Off-street parking shall be provided for the supporting commercial use in accordance with the following ratio: one (1) space for each 300 square feet of gross floor area.
f. 
A separate Business Identification Sign shall be permitted for each supporting commercial use, provided the sign shall be wall mounted and shall not exceed thirty-two (32) square feet of gross surface area. The sign shall be subject to all other applicable regulations of Article XII governing signs.
1303.22 
Temporary Uses or Structures, other than Construction Trailers, subject to:
a. 
Temporary uses such as festivals, fairs or other similar activities sponsored by a governmental, local nonprofit, community or charitable organization shall be exempt from obtaining zoning approval from the Zoning Hearing Board, provided the Zoning Officer determines compliance with the standards of this Subsection as a condition of issuing a Certificate of Occupancy.
b. 
Sidewalk sales, carload sales and other special promotions conducted on the site of an existing retail establishment with the permission of the landowner for a period of not more than thirty (30) days shall not be subject to the provisions of this Subsection. Any such activity which exceeds thirty (30) days in duration shall be subject to approval under this Subsection.
c. 
All temporary uses or structures, as defined herein, not exempted by Subparagraphs "a" and "b," above, shall be subject to approval of a use by special exception by the Zoning Hearing Board in accordance with these express standards and criteria.
d. 
If applicable, a transient merchant license shall be obtained from the Borough.
e. 
Approval of temporary uses or structures shall be granted for a specific time period not to exceed six (6) months. If continued need for the temporary use or structure on an annual basis is demonstrated by the applicant, approval may be granted for annual renewal by the Zoning Officer of the permit for the temporary use or structure, provided all conditions of the original approval are maintained.
f. 
All temporary uses or structures shall be removed within ten (10) days of the expiration of the specific period for which the structure or use is approved.
g. 
All temporary uses or structures which are proposed to be accessible to the public shall provide off-street parking in accordance with the requirements of § 1102.4 for the specific use proposed.
h. 
Vehicular access for all temporary uses or structures which are proposed to be accessible to the public shall be designed to minimize congestion on the lot and not impede the free flow of traffic for any other permanent use or structure on the lot.
i. 
All temporary uses or structures proposed to be used as principal uses or structures shall comply with all area and bulk regulations of the Zoning District in which they are located. All temporary uses or structures which are proposed to be used as accessory uses or structures shall comply with the requirements of the Zoning District for accessory structures. No temporary use or structure shall be located in any public right-of-way.
j. 
Temporary uses or structures which are authorized for a particular event shall be removed within forty-eight (48) hours after the completion of the event.
k. 
Temporary uses or structures which are proposed as principal uses or structures and which are accessible to the public shall provide sanitary facilities, unless such facilities already exist on the lot and are available to the customers or patrons of the temporary use or structure.
[Added Ord. No. 393]
General and Specific Requirements for Communications Antennas.
(1) 
The following regulations shall apply to all Communications Antennas:
a. 
Standard of care. A Communications Antenna 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. It 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.
b. 
Wind. All Communications Antennas structures shall be designed to withstand the effects of wind gusts of at least one hundred (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/TIA-222, as amended).
c. 
Public safety communications. 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.
d. 
Radio frequency emissions. A 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.
e. 
Non-conforming Wireless Support Structures. Communications Antennas shall be permitted to collocate upon non-conforming Communications Towers and other non-conforming structures. Collocation of WCF upon existing Communications Tower is encouraged even if the Communications Tower is non-conforming as to use within a zoning district.
f. 
Removal. In the event that use of a 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 Communications Antennas shall be removed within two (2) months of the cessation of operations at the site unless a time extension is approved by the Borough. If the Communications Antenna is not removed within such time period, the Communications Antenna and Related Equipment may be removed by the Borough and the cost of removal assessed against the owner of the Communications Antenna.
g. 
Insurance. Each Person that owns or operates a 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 Communications Antenna.
h. 
Indemnification. Each person that owns or operates a 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 Communications Antenna. Each person that owns or operates a 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 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.
i. 
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
(1) 
Communications Antennas shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(2) 
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.
(3) 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(2) 
In addition to the regulations enumerated in Section 1, the following shall apply to all collocated Communications Antennas that fall under the Pennsylvania Wireless Broadband Collocation Act and/or the FCC's October 2014 Report and Order:
a. 
Permit required. Applicants proposing the modification of an existing Communications Tower or Wireless Support Structure shall obtain a building permit from the Borough. In order to be considered for such permit, the Applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.
b. 
Timing of approval for applications that fall under the WBCA. Within thirty (30) calendar days of the date that an application for a Communications Antenna is filed with the Borough, the Borough shall notify the Applicant in writing of any information that may be required to complete such application. Within sixty (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 Applicant in writing of such decision.
c. 
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 Communications Antenna or $1,000, whichever is less.
(3) 
In addition to the regulations enumerated in Section 1, the following regulations shall apply to all Communications Antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act and/or the FCC's October 2014 Report and Order:
a. 
Prohibited on Certain Structures. No Communications Antennas shall be located on single-family or multi-family dwellings.
b. 
Timing of approval for collocation applications that do not fall under the WBCA. Within thirty (30) calendar days of the date that an application for a Communications Antenna is filed with the Borough, the Borough shall notify the Applicant in writing of any information that may be required to complete such application. Within ninety (90) 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.
c. 
Conditional Use Authorization Required. Any Applicant proposing the construction of a new Communications Antenna, or the modification of an existing Communications Antenna, shall first obtain a conditional use from the Borough. New constructions, modifications, and replacements that do fall under the WBCA shall 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 Rosslyn Farms Borough Zoning Ordinance.
d. 
Historic Buildings. No Communications Antennas 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.
e. 
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 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.
f. 
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 Communications Antenna, as well as related inspection, monitoring and related costs.
g. 
Development Regulations. Communications Antennas shall be collocated on existing Wireless Support Structures, such as existing buildings or Communications Tower, subject to the following conditions:
(1) 
The total height of any Wireless Support Structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district.
(2) 
All Communications Antennas Applicants must submit documentation to the Borough justifying the total height of the Communications Antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.
h. 
Separate Equipment Building. A chain link security fence with a height of ten (10) feet shall surround any separate communications equipment building.
i. 
Non-commercial usage exemption. Borough residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio, amateur radio, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the Zoning Ordinance.
j. 
Design Regulations. 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 Applicant shall be subject to the approval of Borough Council.
k. 
Removal, Replacement and Modification.
(1) 
The removal and replacement of Communications Antennas and/or accessory equipment (not including poles or Wireless Support Structures) for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not Substantially Change the WCF.
(2) 
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.
l. 
Inspection. The Borough reserves the right to inspect any WCF not owned by a public utility and located in the public ROW, 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.
(4) 
Regulations Applicable to all Communications Antennas located in the Public Rights-of-Way.
In addition to all other Communications Antenna provisions listed in the Borough Zoning Code, the following regulations shall apply to Communications Antennas located in the public rights-of-way:
a. 
Collocation. Communications Antennas in the ROW shall be located or collocated on existing poles, such as light poles or utility poles. If collocation is not technologically feasible, the Applicant shall, with the Borough's approval, locate its Communications Antennas on existing poles or freestanding structures that do not already act as Wireless Support Structures.
b. 
Conditional Use Authorization Required. Any Applicant proposing the construction of a new Communications Antenna, or the modification of an existing Communications Antenna, shall first obtain a conditional use from the Borough. New constructions, modifications, and replacements that do fall under the WBCA shall 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 Rosslyn Farms Borough Zoning Ordinance.
c. 
Design Requirements:
(1) 
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 (6) 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.
(2) 
The Communications 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.
d. 
Time, Place and Manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all 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.
e. 
Equipment Location. 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:
(1) 
In no case shall ground-mounted Related Equipment, walls, or landscaping be located within eighteen (18) inches of the face of the curb.
(2) 
Ground-mounted Related Equipment shall be screened to the fullest extent possible through the use of landscaping or other decorative features to the satisfaction of the Borough.
(3) 
Any graffiti on any Wireless Support Structures or any Related Equipment shall be promptly removed at the sole expense of the owner.
f. 
Relocation or Removal of Facilities. Within two (2) 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:
(1) 
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;
(2) 
The operations of the Borough or other governmental entity in the Right-of-Way;
(3) 
Vacation of a street or road or the release of a utility easement; or
(4) 
An Emergency as determined by the Borough.