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.
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.
1303.2
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.
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.
[12]
Short-term rentals.
[Added 11-9-2021 by Ord. No. 413]
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.
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.
1303.23
Short-term rental, subject to:
[Added 11-9-2020 by Ord. No. 413]
a.
All parking shall be provided on the lot. No on-street parking will
be permitted.
b.
All rooms available for renting shall be located within the dwelling's
principal building.
c.
Objectionable noise, vibration, smoke, or odors shall not be produced.
d.
The use shall not significantly intensify vehicular or pedestrian
traffic, which is normal for the residences in the neighborhood.
e.
The use shall not cause an increase in the use of water, sewage,
garbage, public safety or any other municipal services beyond that
which is normal for the residence in the neighborhood.
f.
The use shall not cause a negative impact on lot values in the immediate
neighborhood.
g.
The use shall be subject to any permitting and/or licensing requirements,
safety standards, or rules and regulations to be promulgated and enforced
by the Borough Council, Borough Secretary/Manager, or other designated
agent.
h.
The owners of record of any short-term rental shall, within 30 days
after commencement of the use and/or the listing of the short-term
rental on a booking agent website, provide and supply to the Borough
of Rosslyn Farms Secretary, and/or an office, department, agent, or
agency designated by the Borough of Rosslyn Farms, the name(s), address(s),
phone number(s) and other requested information of a contact person
to ensure that a representative of the short-term rental can be contacted
at all times in case of an emergency.
[Added Ord. No. 393]
General and Specific Requirements for Communications Antennas.
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(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:
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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.