[Amended by Ord. No. 5-8-89G]
[Amended by Ord. No. 5-8-89F]
69.73.1.
Establishment of Conditional Uses. The Conditional Uses listed in Article XVIII and their accessory buildings and uses may be permitted by the Municipal Council in the district indicated therein, in accordance with the procedure set forth in this article.
69.73.2.
Review and Approval of Conditional Uses. All conditional uses
shall be reviewed and acted upon as major land developments as defined
and prescribed in the Bethel Park Subdivision and Land Development
Ordinance.
69.73.3.
Hearing Requirement. The Municipal Council shall conduct a public
hearing pursuant to public notice as required by the MPC. All costs
associated with advertising and conducting the hearing shall be paid
for by the applicant.
69.73.4.
Final Action by Council. Following the hearing and upon an affirmative
finding by the Municipal Council that:
1.
The proposed Conditional Use will be located in a district where
such use may be permitted, and
2.
The requirements set forth in this article for such Conditional Use
will be met, and
3.
The Conditional Use is consistent with the spirit, purpose and intent
of this Ordinance, will not substantially and permanently injure the
appropriate use of neighboring property, and will serve the public
convenience and welfare, then the Municipal Council may approve the
conditional use.
69.73.5.
Additional Requirements. In granting its approval for a specific
use, the Municipal Council shall impose such reasonable conditions
and safeguards, in addition to those otherwise specified in this Zoning
Ordinance or incorporated herein by reference, as it may deem necessary
to protect and preserve the appropriate use or development of adjacent
property or properties; to protect and advance the public welfare;
and to promote and foster development of the Municipality in conformity
with the Comprehensive Plan and the MPC.
69.73.6.
Conforming Use. An existing lawful use which is listed herein
as a Conditional Use, and which is located in a district in which
such Conditional Use may be permitted, is a conforming use.
69.73.7.
Expansion of Conditional Uses. An expansion of such Conditional
Use involving the enlargement of the buildings, structures and land
area devoted to such use shall be subject to the procedure described
in this section.
69.73.8.
Classification of Conditional Uses. If the nature of the Conditional
Use involves more than one of those listed in this article, the applicant
shall apply for a Conditional Use which most closely relates to the
primary use of proposed development. In all situations the most restrictive
regulations of the primary and related Conditional Uses must be met.
69.73.9.
General Standards. In addition to the regulations pertaining
to individual Conditional Uses listed in this article, the following
general standards must be met by all Conditional Uses:
1.
Location, use and size of structure, nature and intensity of operations
involved, size of site in relation to use, and location of site with
respect to existing or future streets giving access, are such that
the use will be in harmony with orderly development of the district.
2.
Location, nature and height of buildings, walls, fences and signs
will not discourage the appropriate development and use of adjacent
land and buildings or impair their value.
3.
The Conditional Use shall not conflict with the Long Range Development
Plan.
4.
Operation of the Conditional Use shall not be more objectionable
to nearby properties by reason of noise, fumes, vibration, or lights
than would be the operation of any other permitted use in that district.
5.
Necessary provisions have been made to assure that all surface runoff
to adjacent properties does not exceed levels in existence prior to
construction.
6.
Solar access of adjacent properties is not obstructed by said use.
7.
Glare created by lighting or signs does not impair a driver's vision.
8.
Fire, explosion or a safety hazard is not created by allowance of
said use.
9.
The traffic entering and leaving the site can be safely handled and
that the existing capacity of surrounding streets are adequate and
meet the increased traffic demands.
[Amended 4-13-1998 by Ord. No. 4-13-98B]
69.76.1.
Districts in which use may be permitted: CD.
69.76.2.
Minimum lot area: 20 acres.
69.76.3.
Minimum yards: same as district.
69.76.4.
Maximum height of building: 35 feet.
69.76.5.
Additional requirements: buffer area of tight screen planting,
which shall be maintained all times during the use where abutting
a residential district.
69.77.1.
Districts in which use may be permitted: R-T, R-4, R-5, C-1,
C-2 and C-3.
69.77.2.
Minimum lot area: none.
69.77.4.
Maximum height of building: same as district.
69.77.5.
Minimum number of parking spaces: three per dwelling.
69.77.6.
Additional requirements.
2.
Residency requirements: Residents of Bethel Park and surrounding
contiguous municipalities shall be assigned the highest priority when
seeking residents of a community residential facility.
3.
Annual report: Operators of community residential facilities shall
prepare an annual report of activities, including a listing of community
complaints or incidents caused by the residents and the efforts made
to resolve or eliminate problems caused by operations of the facility
and shall file this report with the Municipal Council. Said report
shall be due on each anniversary date of the granting of special use
approval.
69.78.1.
Districts in which use may be permitted: R-1, R-2, R-3, R-4,
R-5, R-T, C-1, C-2, C-3, C-4 and M.
69.78.2.
Minimum lot area: same as zoning district.
69.78.4.
Maximum height of building: same as district.
69.78.5.
Minimum number of parking spaces: two per dwelling.
69.78.6.
Additional requirements.
2.
Residency requirements: Residents of Bethel Park and surrounding
contiguous municipalities shall be assigned the highest priority when
selecting residents of a community residential facility.
3.
Annual report: Operators of community residential facilities shall
prepare an annual report of activities, including a listing of community
complaints or incidents caused by the residents and the efforts made
to resolve or eliminate the problems caused by operation of the facility,
and shall file this report with the Municipal Council. Said report
shall be due on each anniversary date of special use approval.
69.79.1.
Districts in which use may be permitted: C-1 and C-2.
69.79.2.
Minimum lot area: five acres.
69.79.4.
Maximum height of building: 35 feet.
[Amended 1-11-1999 by Ord. No. 1-11-1999B; 5-11-2015 by Ord. No. 5-11-15B]
69.80.1.
Purposes and findings of fact.
1.
The purpose of this section is to establish uniform standards for
the siting, design, permitting, maintenance, and use of wireless communications
facilities in Bethel Park (referred to herein as the "municipality").
While the municipality recognizes the importance of wireless communications
facilities in providing high-quality communications service to its
residents and businesses, the municipality also recognizes that it
has an obligation to protect public safety and to minimize the adverse
visual effects of such facilities through the standards set forth
in the following provisions.
2.
By enacting these provisions, the municipality intends to:
a.
Accommodate the need for wireless communications facilities while
regulating their location and number so as to ensure the provision
for necessary services;
b.
Provide for the managed development of wireless communications facilities
in a manner that enhances the benefits of wireless communication and
accommodates the needs of both Bethel Park residents and wireless
carriers in accordance with federal and state laws and regulations;
c.
Establish procedures for the design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the municipality, including facilities
both inside and outside the public rights-of-way;
d.
Address new wireless technologies, including, but not limited to,
distributed antenna systems, data collection units, cable wi-fi and
other wireless communications facilities;
e.
Minimize the adverse visual effects and the number of such facilities
through proper design, siting, screening, material, color and finish
and by requiring that competing providers of wireless communications
services co-locate their commercial communications antennas and related
facilities on existing towers;
f.
Promote the health, safety and welfare of Bethel Park residents.
69.80.2.
General and specific requirements for all tower-based wireless
communications facilities.
1.
The following regulations shall
apply to all tower-based wireless communications facilities.
(a)
Standard of care. Any tower-based WCF shall be designed, constructed,
operated, maintained, repaired, modified and removed in strict compliance
with all current applicable technical, safety and safety-related codes,
including but not limited to the most recent editions of the American
National Standards Institute (ANSI) Code, National Electrical Safety
Code, National Electrical Code, as well as the accepted and responsible
workmanlike industry practices of the National Association of Tower
Erectors. Any tower-based WCF shall at all times be kept and maintained
in good condition, order and repair by qualified maintenance and construction
personnel, so that the same shall not endanger the life of any person
or any property in the municipality.
(b)
Notice. Upon submission of an application for a tower-based
WCF and the scheduling of the public hearing upon the application,
the WCF applicant shall mail notice to all owners of every property
within 500 feet of the proposed facility. The WCF applicant shall
provide proof of the notification to the municipality.
(c)
Conditional use authorization required. Tower-based WCF are
permitted in certain zoning districts by conditional use and at a
height necessary to satisfy their function in the WCF applicant's
wireless communications system. No WCF applicant shall have the right
under these regulations to erect a tower to the maximum height specified
in this section unless it proves the necessity for such height. The
WCF applicant shall demonstrate that the antenna/tower/pole for the
tower-based WCF 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 tower-based WCF, it shall be
incumbent upon the WCF applicant for such conditional use approval
to prove to the reasonable satisfaction of Council that the WCF applicant
cannot adequately extend or infill its communications system by the
use of equipment such as redoes, repeaters, antenna(s) and other similar
equipment installed on existing structures, such as utility poles
or their appurtenances and other available tall structures. The WCF
applicant shall further demonstrate that the proposed tower-based
WCF must be located where it is proposed in order to serve the WCF
applicant's service area and that no other viable alternative location
exists.
(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 WCF applicant, the power in watts
at which the WCF applicant transmits, and any relevant related tests
conducted by the WCF applicant in determining the need for the proposed
site and installation.
(3)
The conditional use application shall also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all state and federal laws and regulations concerning aviation
safety.
(4)
Where the tower-based WCF is located on a property with another
principal use, the WCF applicant shall present documentation to 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 also be accompanied by
documentation demonstrating that the proposed tower-based WCF complies
with all applicable provisions in this section.
(d)
Engineer inspection. Prior to the municipality's issuance of
a permit authorizing construction and erection of a tower-based WCF,
a structural engineer registered in Pennsylvania shall issue to the
municipality 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 land use compatibility. Tower-based WCF
shall employ stealth technology which may include the tower portion
to be painted silver or another color approved by Council, or shall
have a galvanized finish. All tower-based WCF 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. Council shall consider whether its decision upon
the subject application will promote the harmonious and orderly development
of the zoning district involved; encourage compatibility with the
character and type of development existing in the area; benefit neighboring
properties by preventing a negative impact on the aesthetic character
of the community; preserve woodlands and trees existing at the site
to the greatest possible extent; and encourage sound engineering and
land development design and construction principles, practices and
techniques.
(f)
Co-location and siting. An application for a new tower-based
WCF shall demonstrate that the proposed tower-based WCF cannot be
accommodated on an existing or approved structure or building, or
sited on land owned and maintained by Bethel Park. Council may deny
an application to construct a new tower-based WCF if the WCF applicant
has not made a good faith effort to mount the commercial communications
antenna(s) on an existing structure. The WCF applicant shall demonstrate
that it contacted the owners of tall structures, buildings, and towers
within a 1/4 of a mile radius of the site proposed, sought permission
to install an antenna on those structures, buildings, and towers and
was denied for one of the following reasons:
(1)
The proposed antenna and related equipment would exceed the
structural capacity of the existing building, structure or tower,
and its reinforcement cannot be accomplished at a reasonable cost.
(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.
(4)
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 WCF applicant proposing
the modification of an existing tower-based WCF, which increases the
overall height of such WCF, shall first obtain a permit from the municipality.
Nonroutine modifications shall be prohibited without a permit.
(h)
Gap in coverage. A WCF applicant for a tower-based WCF must
demonstrate that a significant gap in wireless coverage or capacity
exists with respect to all wireless operators in the applicable area
and that the type of WCF being proposed is the least intrusive means
by which to fill that gap in wireless coverage. The existence or nonexistence
of a gap in wireless coverage shall be a factor in the municipality's
decision on an application for approval of tower-based WCF.
(i)
Additional antennae. As a condition of approval for all tower-based
WCF, the WCF applicant shall provide the municipality with a written
commitment that it will allow other service providers to co-locate
antennae on tower-based WCF where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennae
without obtaining the prior written approval of the municipality.
(j)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind in accordance with 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. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW or the Airport Overlay Zone, shall not exceed 200 feet, as measured vertically from the ground level to the highest point on the structure, including antennae and subsequent alterations. Tower-based WCF in the Airport Overlay Zone shall not exceed the height limits set forth in Article XII of the Bethel Park Zoning Ordinance.
(l)
Related equipment. Either one single-story wireless communications
equipment building not exceeding 500 square feet in area or up to
five metal boxes placed on a concrete pad not exceeding 10 feet by
20 feet in area housing the receiving and transmitting equipment may
be located on the site for each unrelated company sharing commercial
communications antenna(e) space on the tower-based wireless communications
facility.
(m)
Public safety communications. No tower-based WCF 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. The following maintenance requirements shall apply:
(1)
Any tower-based WCF 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 WCF in order to promote the safety and security of the municipality's
residents, and utilize the best available technology for preventing
failures and accidents.
(o)
Radio frequency emissions. A tower-based WCF 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 tower-based WCF 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
municipality.
(q)
Signs. All tower-based WCFs 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 tower-based WCF shall be artificially lighted,
except as required by law. If lighting is required, the WCF applicant
shall provide a detailed plan for sufficient lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The WCF applicant shall promptly report any
outage or malfunction of FAA-mandated lighting to the appropriate
governmental authorities and to the municipality Secretary.
(s)
Noise. Tower-based WCF shall be operated and maintained so as
not to produce noise in excess of applicable noise standards under
state law and the municipality code, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only. The noise regulations currently
applied to the oil and gas industry, as enumerated in Section 69.88(15)
of the Municipal Zoning Ordinance, shall also apply to the owners
and/or operators of wireless communications facilities.
(t)
Aviation safety. Tower-based WCF shall comply with all federal, state and municipal laws and regulations concerning aviation safety, as well as all applicable provisions of Section 69.45 of the Bethel Park Zoning Code (Airport District Overlay).
(u)
Retention of experts. The municipality may hire any consultant
and/or expert necessary to assist the municipality in reviewing and
evaluating the application for approval of the tower-based WCF and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of these provisions. The WCF applicant
and/or owner of the WCF shall reimburse the municipality for all costs
of the municipality's consultant(s) in providing expert evaluation
and consultation in connection with these activities.
(v)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the municipality,
the municipality shall notify the WCF applicant in writing of any
information that may be required to complete such application. All
applications for tower-based WCFs shall be acted upon within 150 days
of the receipt of a fully completed application for the approval of
such tower-based WCF and the municipality shall advise the WCF applicant
in writing of its decision. If additional information was requested
by the municipality to complete an application, the time required
by the WCF applicant to provide the information shall not be counted
toward the one-hundred-fifty-day review period.
(w)
Nonconforming uses. Nonconforming tower-based WCF which are
hereafter damaged or destroyed due to any reason or cause may be repaired
and restored at the existing location, but must otherwise comply with
the terms and conditions of this section.
(x)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
municipality of its intent to discontinue use and the date when the
use shall be discontinued. Unused or abandoned WCF or portions of
WCF shall be removed as follows:
(1)
All unused or abandoned tower-based WCFs and accessory facilities
shall be removed within 90 days of the cessation of operations at
the site unless a time extension is approved by the municipality.
(2)
If the WCF and/or accessory facility is not removed within 90
days of the cessation of operations at a site, or within any longer
period approved by the municipality, the WCF and accessory facilities
and equipment may be removed by the municipality and the cost of removal
assessed against the owner of the WCF.
(3)
Any unused portions of tower-based WCF, including antennae,
shall be removed within 90 days of the time of cessation of operations.
The municipality must approve all replacements of portions of a tower-based
WCF previously removed.
(y)
Permit fees. The municipality may assess appropriate and reasonable
permit fees directly related to the municipality's actual costs in
reviewing and processing the application for approval of a tower-based
WCF, as well as related inspection, monitoring, and related costs.
(z)
FCC license. Each person that owns or operates a tower-based
WCF over 40 feet in height shall submit a copy of its current FCC
license, including the name, address, and emergency telephone number
for the operator of the facility.
(aa)
Insurance. Each person that owns or operates a tower-based WCF
greater than 40 feet in height shall provide the municipality 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 tower-based WCF. Each person that owns or operates a tower-based
WCF 40 feet or less in height shall provide the municipality 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 tower-based WCF.
(bb)
Indemnification. Each person that owns or operates a tower-based
WCF shall, at its sole cost and expense, indemnify, defend and hold
harmless the municipality, 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 tower-based WCF. Each person that owns or operates
a tower-based WCF shall defend any actions or proceedings against
the municipality in which it is claimed that personal injury, including
death, or property damage was caused by the construction, installation,
operation, maintenance or removal of tower-based WCF. 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)
Engineer signature. All plans and drawings for a tower-based
WCF shall contain a seal and signature of a professional structural
engineer, licensed in the Commonwealth of Pennsylvania.
(dd)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a tower-based WCF, the WCF applicant
shall provide to the municipality financial security sufficient to
guarantee the removal of the tower-based WCF. Said financial security
shall remain in place until the tower-based WCF is removed.
69.80.3.
The following regulations shall apply to tower-based wireless
communications facilities located outside the public rights-of-way:
1.
Development regulations.
a.
Tower-based WCF shall not be located in, or within 100 feet of, an
area in which utilities are primarily located underground.
b.
Conditional use authorization required. Tower-based WCF are permitted
outside the public rights-of-way in the following zoning districts
by conditional use, subject to the above prohibition:
c.
Lot area requirements. A tower-based WCF shall be permitted as a
sole use on a lot, provided that the underlying lot meets the area
requirements set forth in applicable section of the Bethel Park Zoning
Code. The minimum distance between the base of a tower-based WCF and
any adjoining property line or street right-of-way line shall equal
110% of the proposed WCF structure height.
d.
Combined with another use. A tower-based WCF may be permitted on
a property with an existing use, or on a vacant parcel in combination
with another use, except residential, subject to the following conditions:
(1)
The existing use on the property may be any permitted use in
the applicable district, and need not be affiliated with the WCF.
(2)
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable district and shall be the area needed to accommodate
the tower-based WCF and guy wires, the equipment building, security
fence, and buffer planting if the proposed WCF is greater than 40
feet in height. When abutting an R District, there shall also be provided
a twenty-foot buffer area in addition to any other setback requirements.
(3)
Minimum setbacks. The minimum distance between the base of a
tower-based WCF and any adjoining property line or street right-of-way
line shall equal 110% of the proposed WCF structure height, unless
it is demonstrated to the reasonable satisfaction of Council that
in the event of failure the WCF is designed to collapse upon itself
within a setback area less than the required minimum setback without
endangering such adjoining uses and their occupants.
2.
Design regulations.
a.
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. Application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
municipality.
b.
To the extent permissible under federal and state law, any height
extensions to an existing tower-based WCF shall require prior approval
of the municipality.
c.
Any proposed tower-based WCF shall be designed structurally, electrically,
and in all respects to accommodate both the WCF applicant's antennae
and comparable antennae for future users.
d.
Any tower-based WCF over 40 feet in height shall be equipped with
an anticlimbing device, as approved by the manufacturer and the municipality.
3.
Surrounding environs.
a.
The WCF applicant shall ensure that the existing vegetation, trees
and shrubs located within proximity to the WCF structure shall be
preserved to the maximum extent possible.
b.
The WCF applicant shall prepare and submit to the municipality a
soil report to the municipality complying with the standards of Appendix
I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document
and verify the design specifications of the foundation of the tower-based
WCF, and anchors for guy wires, if used.
4.
Fence/screen.
a.
A security fence shall completely surround any tower-based WCF greater
than 40 feet in height, as well as guy wires, or any building housing
WCF equipment. Such fence shall be subject to the fencing design regulations
set forth in the Bethel Park Zoning Ordinance. Vehicular access to
the communications equipment building shall not interfere with the
parking or vehicular circulations on the site for the principal use.
b.
Landscaping shall be required to screen as much of a newly constructed
tower-based WCF as possible. Council may permit any combination of
existing vegetation, topography, walls, decorative fences or other
features instead of landscaping, if, in the discretion of Council,
they achieve the same degree of screening. Existing vegetation shall
be preserved to the maximum extent possible.
5.
Accessory equipment.
a.
Ground-mounted related equipment associated to, or connected with,
a tower-based WCF shall be placed underground or screened from public
view using Stealth Technologies, as described above.
b.
All related equipment, utility buildings and accessory structures
shall be architecturally designed to blend into the environment in
which they are situated and shall meet the minimum setback requirements
of the underlying zoning district.
6.
Access road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to tower-based
WCF. Such access road, turnaround space or parking space shall be
paved asphalt or concrete, designed to accommodate anticipated loads
from vehicles and equipment. 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 WCF owner shall present
documentation to the municipality that the property owner has granted
an easement for the proposed facility.
7.
Parking. For each tower-based WCF greater than 40 feet in height,
there shall be two off-street parking spaces which meet the criteria
for parking spaces as set forth in the Bethel Park Zoning Code.
8.
Inspection. The municipality reserves the right to inspect any tower-based
WCF to ensure compliance with the Zoning Ordinance and any other provisions
found within the Municipal Code or state or federal law. The municipality
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.
69.80.4.
The following regulations shall apply to tower-based wireless
communications facilities located in the public rights-of-way.
1.
Location and development standards.
a.
Tower-based WCF in the public rights-of-way shall not exceed 40 feet
in height.
b.
Tower-based WCF in the ROW are prohibited within 25 feet of an area
in which all utilities are located underground.
c.
Tower-based WCF in the ROW shall not be located in the front facade
area of any structure.
d.
Tower-based WCF in the ROW are permitted along principal arterial,
arterial, major collector, local commercial, and local industrial
roads throughout the municipality, regardless of the underlying zoning
district, provided that they are not situated within 50 feet of a
residential area in which all utilities are underground. A map of
such permitted roads is kept on file at the Municipal Zoning Office.
2.
Time, place and manner. The municipality shall determine the time,
place and manner of construction, maintenance, repair and/or removal
of all tower-based WCF 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 municipality and the requirements
of the Public Utility Code.
3.
Equipment location. Tower-based WCF 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 municipality. In addition:
a.
Ground-mounted related equipment shall not be located in any intersection
areas of exclusion, as designated by the Bethel Park Municipal Zoning
Code, in order to avoid visual impairment of drivers and pedestrians.
b.
Ground-mounted related equipment that cannot be placed underground
shall be screened, to the fullest extent possible, through the use
of landscaping or other decorative features to the satisfaction of
the municipality.
c.
Required electrical meter cabinets shall the screened to blend in
with the surrounding area to the satisfaction of the municipality.
d.
Any graffiti on the tower or on any related equipment shall be removed
at the sole expense of the owner.
e.
Any underground vaults related to tower-based WCFs shall be reviewed
and approved by the municipality.
4.
Design regulations.
a.
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
municipality.
b.
Tower-based WCF in the public ROW shall not exceed 40 feet in height.
c.
To the extent permissible under state and federal law, any height
extensions to an existing tower-based WCF shall require a building
permit from the municipality, and shall not increase the overall height
of the tower-based WCF to more than 40 feet.
d.
Any proposed tower-based WCF shall be designed structurally, electrically,
and in all respects to accommodate both the WCF applicant's antennae
and comparable antennae for future users.
5.
Relocation or removal of facilities. Within 60 days following written
notice from the municipality, or such longer period as the municipality
determines is reasonably necessary or such shorter period in the case
of an emergency, an owner of tower-based WCF in the ROW shall, at
its own expense, temporarily or permanently remove, relocate, change
or alter the position of any WCF when the municipality, consistent
with its police powers and applicable Public Utility Commission regulations,
shall determine that such removal, relocation, change or alteration
is reasonably necessary under the following circumstances:
a.
The construction, repair, maintenance or installation of any municipal
or other public improvement in the right-of-way;
b.
The operations of the municipality or other governmental entity in
the right-of-way;
c.
Vacation of a street or road or the release of a utility easement;
or
d.
An emergency as determined by the municipality.
6.
Reimbursement for ROW use. In addition to permit fees as described
in this section, every tower-based WCF in the ROW is subject to the
municipality'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 municipality'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 municipality. The owner
of each tower-based WCF shall pay an annual fee to the municipality
to compensate the municipality of no less than $500 for the municipality's
costs incurred in connection with the activities described above.
[Added 4-10-1989 by Ord. No. 4-10-89E]
69.81.1.
Districts in which use may be permitted: all.
69.81.2.
Express conditions. Any nonconforming use may be changed to
a similar or more restrictive use. The following criteria shall be
considered when determining whether a proposed use is similar or more
restrictive than the current use:
1.
The applicant demonstrates that the proposed use generates the same
or less traffic, including truck deliveries, than the current use
or other permitted uses within the district as determined by a traffic
study prepared by a Pennsylvania licensed engineer using the methodology
established by the Institute of Traffic Engineers.
2.
The proposed use generates the same or less odor, noise, vibration,
smoke, dust, heat or glare than the current use or other permitted
uses within the district.
3.
The proposed use generates the same or less need for parking spaces
than the current use or other permitted uses within the district as
determined by a traffic study prepared by a Pennsylvania licensed
engineer using the methodology established by the Institute of Traffic
Engineers.
4.
The changes in the exterior appearance of the proposed use are suitable
and compatible to the existing uses in the zoning district and the
abutting properties taking into account such factors as the scale
and size of the buildings, the historical nature of the property and
the district, if any, the color and texture of the building and the
other buildings in the district and accessibility to the building.
5.
Outside storage of materials currently existing is not expanded by
the proposed use and the new stored materials are no more offensive.
6.
The proposed use does not have longer hours of operation and that
the proposed hours of operation or a manner of operation will not
harm or cause more inconvenience to the surrounding neighborhood than
the current use or other permitted uses in the district. The Municipal
Council may restrict the hours of operation of the proposed use in
order to eliminate such harm or inconvenience.
[Added 11-9-1992 by Ord. No. 11-9-92B]
69.82.1.
Districts in which use may be permitted where no parking garage
is present: all districts except R-1, R-2 and R-3.
69.82.2.
Districts in which use may be permitted where a parking garage
is present: C-1, C-2, C-3, C-4 and MLI.
69.82.3.
Minimum lot area: one acre.
69.82.5.
Maximum height: same as district.
[Added 5-9-1994 by Ord. No. 5-9-94C]
69.83.1.
District in which use may be permitted: CD.
69.83.2.
Minimum lot area: four acres.
69.83.4.
Maximum height of building: 35 feet.
69.83.5.
Additional requirements:
1.
The number of parking spaces shall provide for adequate parking to
meet the maximum occupancy as determined by a study of similar uses.
The similar uses used in the study shall be approved by the municipality
in advanced of the study. Said study must be done by an engineer registered
in the State of Pennsylvania and approved by the municipality as a
qualified traffic consultant. The cost of the study shall be paid
for by the applicant.
2.
In addition to the yard requirements, a twenty-foot landscaped buffer
strip shall be required when abutting any R District.
3.
A traffic study shall be provided by the applicant documenting the
capacity of the existing roadway system to handle the anticipated
traffic generated. An inadequate roadway system shall be grounds for
denial of this conditional use. No public streets shall be constructed
as part of a recreational use that will result in a through street
between residential neighborhoods. If feasible, the applicant has
the option to improve the existing roadway system, including widening
and installation of or upgrading of a traffic signal system in order
to accommodate the anticipated traffic.
4.
The proposed recreational use must be limited to indoor recreation
that would serve the general public and would not be unusual to find
in a public park or on public land. Such recreational uses include,
but are not limited to, roller and ice skating rinks, indoor sports
courts and swimming pools. Such recreational uses do not include educational
studios, bowling, aerobic and weight lifting facilities and rifle
and archery practice ranges.
5.
The proposed security system, including the use of security personnel,
shall provide for the safe operations of the proposed facility and
shall provide for adequate protection to the abutting property owners
and uses.
6.
Accessory uses shall be customarily incidental and subordinate to
the principal recreation use. Determination of incidental and subordinate
shall be made by:
[Added 5-9-1994 by Ord. No. 5-9-94A]
69.84.1.
Purpose and intent: It is the intent of these conditional use
regulations to regulate sexually-oriented businesses to promote the
health, safety and general welfare of the municipal residents and
to establish reasonable and uniform regulations to prevent the continued
deleterious effect of such uses on adjacent areas. The provisions
of this conditional use have neither the purpose nor the effect of
imposing a limitation or restriction on the content of any communicative
materials, including sexually-oriented materials. Similarly, it is
not the intent nor effect of these conditional use regulations to
restrict or deny access by adults to sexually-oriented materials protected
by the First Amendment or to deny access by the distributors and exhibitors
of sexually-oriented entertainment to their intended market. Neither
is it the intent nor effect of these conditional use provisions to
condone or legitimize the distribution of obscene materials.
69.84.2.
Districts in which use may be permitted: C-2.
69.84.3.
Conditions:
1.
Sexually-oriented businesses must be located at least 500 feet from
any area zoned residential in either the Municipality of Bethel Park
or in abutting municipalities.
[Amended 4-14-1998 by Ord. No. 4-13-98B]
2.
All other requirements set forth for the C-2 District are applicable
to sexually-oriented businesses.
[Added 5-13-1996 by Ord. No. 5-13-96E]
[Added 6-8-1998 by Ord. No. 6-8-98D]
69.86.1.
District in which may be permitted: all R Districts.
69.86.2.
Minimum lot area: minimum of two acres.
69.86.3.
Minimum yards: same as district.
69.86.4.
Maximum height of buildings: The maximum height of buildings
hereafter erected, altered or enlarged shall not exceed 45 feet in
height for principal building and 75 feet for bell or clock towers
or similar appendages.
[Added 2-12-2007 by Ord. No. 2-12-07A]
69.87.1.
District in which use may be permitted: all R Districts.
69.87.2.
Minimum lot area: 30 acres.
69.87.3.
Minimum yard areas: 50 feet for all sides.
69.87.4.
Maximum height for buildings: same as district.
69.87.5.
Additional requirements:
1.
Uses are limited to operation of tobogganing, sledding, snow tubing,
snowboarding, skiing, cross country skiing, snow surfing, acrobatic
skiing, ice skating, and ice hockey facilities.
2.
No retail uses except incidental food and refreshment sales are included
as part of the recreational operation.
3.
All mechanical and electrical equipment is to be located in a manner
or situation so as to best buffer the noise generated by the equipment
from the neighboring property. Equipment shall be sound buffered to
prevent a sound level, as measured by a standard audiometer, greater
than 50 decibels (dBA) at the property line of the property in which
the activity is located. All measurement of the noise is to be conducted
upon the request of the municipality. The cost of conducting such
measurements is to be borne by the owner.
4.
Must meet the requirements for lighting for recreational use as prescribed
by other sections of the Zoning Ordinance.
5.
All area lighting for recreational purposes must cease at 11:00 p.m.
[Added 9-13-2010 by Ord. No. 9-13-10]
69.88.1.
Purpose: It is hereby declared to be the purpose of this section 69.88 to declare oil and gas development a use permitted by conditional use in all zoning districts of the Municipality. The Municipality of Bethel Park recognizes that the regulation of oil and gas development is the primary responsibility of the regulatory agencies of the Commonwealth of Pennsylvania, but that the Municipality maintains its zoning powers as set forth in the Pennsylvania Municipalities Planning Code (MPC)[1] and through the Municipality of Bethel Park Zoning Ordinance.
It is in the Municipality's best interest to have information concerning
oil and gas exploration, development, and production taking place
within the Municipality and to ensure that certain security and safety
measures related to oil and gas well drilling are in place.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
69.88.2.
The Municipality of Bethel Park hereby declares that oil and
gas development may be permitted by conditional use in all zoning
districts in the Municipality where said development meets the following
conditions:
1.
The operator shall comply with any generally applicable bonding and
permitting requirements for Municipality roads that are to be used
by overweight vehicles and equipment for development activities. For
state roads located within the Municipality, the operator shall provide
a copy of the highway occupancy permit for overweight vehicles to
the Municipality.
2.
The operator shall take the necessary safeguards to ensure that the
Municipality roads utilized remain free of dirt, mud and debris resulting
from development activities and/or shall ensure such roads are promptly
swept or cleaned if dirt, mud and debris occur.
3.
The operator shall take all necessary precautions to ensure the safety
of persons in areas established for road crossing and/or adjacent
to roadways (for example, persons waiting for public or school transportation).
Where necessary and permitted, during periods of anticipated heavy
or frequent truck traffic associated with development, the operator
will provide flagmen to ensure the safety of children at or near schools
or school bus stops and shall include adequate signs and/or other
warning measures for truck traffic and vehicular traffic.
4.
The operator shall not clear brush or trees by way of burning and
shall chip, grind or remove all tree stumps from properties it clears
for development purposes. However, the operator shall, consistent
with any relevant outdoor burning ordinance(s), laws and regulations,
be permitted to burn any brush, trees, or stumps that have been removed
from the ground and collected into a pile or piles on the properties
where the operator is engaging in development.
5.
Prior to development, the operator shall provide to the Municipality's
Police Department and Fire Company ("first responders") and to the
Municipality Zoning Officer, a copy of its Preparedness, Prevention
and Contingency (PPC) Plan.
6.
Before drilling, the Municipality shall ascertain whether the Municipality's
Police and Fire Departments have secured adequate information to deal
with any potential dangerous conditions that may result due to development
activities. First responders shall have on-site orientation and shall
be provided with adequate awareness information. Upon request from
the Municipality, the operator will, prior to the drilling of an oil
and gas well, make available, with at least 30 days' notice, at its
sole cost and expense, an appropriate site orientation for first responders.
Such site orientation shall be made available immediately after any
substantial modification to the development or well site, or not less
than annually during the period when the operator anticipates drilling
activities in the Municipality.
7.
The operator shall take the necessary safeguards to ensure that appropriate
dust control measures are in place.
8.
Recognizing that the specific location of equipment and facilities
is an important and integral part of oil and gas development, as part
of the planning process the operator shall strive to consider location
of its temporary and permanent operations, where prudent and possible,
so as to minimize interference with Municipality residents' enjoyment
of their property and future Municipality development activities.
9.
Recognizing that adequate and appropriate lighting is essential to
the safety of those involved in the development of oil and gas, the
operator shall take steps, to the extent practicable, to direct site
lighting downward and inward toward the drill site, wellhead, or other
area being developed so as to attempt to minimize glare on public
roads and adjacent buildings within 300 feet of the drill site, wellhead,
or other area being developed.
10.
At least two weeks prior to drilling an oil and gas well or multiple
oil and gas wells at a location, the operator shall provide the following
information to each resident within 1,000 feet of the planned surface
location of the well(s):
a.
A copy of the well survey plat showing the location(s) of the planned
well(s);
b.
A general description of the planned operations at the planned well(s)
and associated equipment used in the development of the well(s);
c.
The contact information for the operator; and
d.
The availability of the operator to hold a meeting with such residents
to present the operator's plans for the well(s) and to allow for questions
and answers. The meeting(s) shall be held prior to well site construction.
11.
The operator shall provide to the Municipality Zoning Officer, at
least 10 days prior to well site construction:
a.
A map showing the planned access route to the well sites on public
roads;
b.
Information on the status of road bonding;
c.
The operator's erosion and sedimentation plan;
d.
The well survey plat showing the planned surface location(s) of the
well(s); and
e.
The contact information for the operator.
12.
At least 10 days prior to commencement of drilling, the operator
shall provide to the Municipality Zoning Officer a copy of the drilling
permit issued by the Pennsylvania Department of Environmental Protection
(DEP). The operator shall also provide a copy of the recorded plat
indicating the size of the proposed drilling area.
13.
In addition to the requirements in Subsections 1 through 12 of Section
69.88.2 above, for any oil and gas well where the planned surface
location of the well will be within 1,000 feet of a protected structure,
the operator shall:
a.
Install temporary safety fencing, at least six feet in height, around
drilling and hydraulic fracturing equipment and install permanent
fall protection fencing meeting OSHA requirements around any pits
that contain or could contain water or other liquids at depths greater
than two feet.
b.
Install an adequate number of warning signs providing notice of the
potential dangers at the perimeter of the well site.
c.
Provide at least one security guard 24/7 at all times when a drilling
rig or hydraulic fracturing equipment is on the well site.
14.
Prior to the commencement of drilling activities, no construction
activities involving excavation of, alteration to, or repair work
on any access road or well site shall be performed during the hours
of 10:00 p.m. to 7:00 a.m.
15.
The Municipality recognizes and acknowledges that oil and gas development
is accompanied by inherent noise. However, the operator shall take
the following steps to minimize, to the extent practicable, the noise
resulting from the development:
a.
Prior to drilling of an oil and gas well, the operator shall establish
a continuous seventy-two-hour ambient noise level at the nearest protected
structure property line or 100 feet from the nearest protected structure
(as measured to the closest exterior point of the building), whichever
is closer to the protected structure, or, alternatively, and in lieu
of establishing the above seventy-two-hour ambient noise level, the
operator may assume and use, for the purposes of compliance with this
ordinance, a default ambient noise level of 55 dBA. The sound level
meter used in conducting any evaluation shall meet the American National
Standard Institute's standard for sound meters or an instrument and
the associated recording and analyzing equipment which will provide
equivalent data.
b.
The operator shall provide documentation of any established, seventy-two-hour
evaluation relied upon to establish an ambient noise level greater
than 55 dBA to the Municipality's Zoning Officer within three business
days of such a request from the Zoning Officer.
c.
Limitations on exceeding noise
levels.
[1]
The noise generated during construction, drilling and hydraulic
fracturing activities, when measured at the nearest protected structure
property line or 100 feet from the nearest protected structure (as
measured to the closest exterior point of the building), whichever
is closer to the protected structure, shall not exceed the average
ambient noise level (as determined by the seventy-two-hour evaluation)
or the default level, whichever is higher:
[2]
The operator shall inform the Municipality of which level (avenge
ambient noise level or default level) is being used.
d.
Adjustments to the forgoing noise limits may be permitted in accordance
with the following:
|
Permitted Increase
(dBA)
|
Duration of Increase
(minutes)*
| |
|---|---|---|
|
5
|
15
| |
|
10
|
5
| |
|
15
|
1
| |
|
20
|
1
|
|
*
|
NOTE: Cumulative minutes during any one hour.
|
e.
If a complaint regarding noise
generated during construction, drilling or hydraulic fracturing activities
is received by the Municipality from any person, whether a resident
or otherwise, using a protected structure, as defined herein, for
any lawful purpose, the operator shall, within 24 hours of receipt
of the complaint from the Municipality, continuously monitor, for
a forty-eight-hour period, a point which is the closer of the following
to the complainant's building:
f.
If the operator engages in any noise testing as required by this
ordinance, it will provide preliminary data to the Municipality no
later than five business days following completion of the noise testing.
Once the monitoring is complete, the operator will meet with Municipality
representatives and affected residents to discuss whether possible
noise abatement measures are warranted, if the permitted levels set
forth herein were exceeded.
g.
Exhaust from any internal combustion engine or compressor used in
connection with the drilling of any well or for use on any production
equipment or used in development shall not be discharged into the
open air unless it is equipped with an exhaust muffler or an exhaust
box. The exhaust muffler or exhaust box shall be constructed of noncombustible
materials designed and installed to suppress noise and disruptive
vibrations. Moreover, all such equipment with an exhaust muffler or
exhaust box shall be maintained in good operating condition according
to manufacturer's specifications.
h.
All workover operations shall be restricted to the hours of 7:00
a.m. to 10:00 p.m., except in the extent of an emergency, as reasonably
determined by the operator. "Workover operations" shall mean work
performed in a well after its completion in an effort to secure production
where there has been none, restore production that has ceased, or
increase production.
i.
The noise restrictions contained in this Subsection 15 of Section
69.88.2 shall also apply to natural gas compressor stations and natural
gas processing plants.
16.
The operator shall take all reasonable measures to prevent the emission
of offensive odors from the development and from natural gas compressor
stations and natural gas processing plants.
[1]
Former Section 69.89, Billboards, added 4-9-2007 by Ord. No.
4-9-07, was repealed 9-12-2022 by Ord. No. 9-12-22.
[Added 5-11-2015 by Ord.
No. 5-11-15A]
69.90.1.
Districts in which use may be permitted: C-4.
69.90.2.
Minimum lot area. The minimum size lot where a single-story
multiple-family dwelling is to be utilized in connection with housing
for seniors is one acre. The minimum lot size where a multistory multiple-family
dwelling is to be utilized in connection with housing for seniors
is two acres. There shall not be more than 25 units per acre.
69.90.3.
Maximum height of building: 35 feet.
69.90.5.
Notwithstanding the foregoing, where abutting an R-1, R-2 or
R-3 District, there shall be provided, in addition to the yard requirements,
a buffer area of not less than 20 feet. The fronts of all buildings
and sides, when the side or sides face a street of a residential district,
shall be faced with brick, stone or other suitable materials as approved
by the Planning Commission.
[Added 12-12-2022 by Ord.
No. 12-12-22D]
69.91.1.
Districts in which use may be permitted as a principal use:
R-1, R-2, R-3, R-4, R-5, R-T, C-1, and C-2.
69.91.2.
Districts in which use may be permitted as an accessory use:
R-1, R-2, R-3, R-4, R-5, R-T, C-1, and C-2.
69.91.3.
Specific standards and criteria:
1.
The owner and operator of the short-term rental shall be responsible
for the conduct and safety of guests and shall be available to respond
to inquiries and promptly resolve any issues caused by guests.
2.
If the applicant is a current member of a homeowners' association
which has jurisdiction over the property to be used a short-term rental,
then the applicant must obtain a letter of approval from such entity.
Likewise, if the applicant is a tenant of the property, then the applicant
must obtain a letter of approval from the landlord and/or record owner
of the property.
3.
The use shall not significantly intensify vehicular or pedestrian
traffic, which is normal for the residences in the neighborhood.
4.
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.
5.
The short-term rental shall not adversely affect the residential
character or negatively impact on lot values of the neighborhood.
6.
The short-term rental shall not generate noise, vibration, odors,
or other effects that unreasonably interfere with any person's
enjoyment of their residence.
7.
All rooms available for renting shall be located within the dwelling's
principal building. Short-term rentals shall not occupy any accessory
structure, outdoor space, travel trailer, or recreational vehicle.
8.
A short-term rental permit does not authorize incidental camping,
which means any overnight camping, sleeping in tents, or on decks
attached to the short-term rental.
9.
A structure or property with a recorded county covenant, deed restriction
or agreement restricting its use, including, but not limited to, affordable
or achievable dwelling units or deed-restricted secondary dwelling
units, shall not be used for short-term rentals.
10.
Only one party of guests is allowed in each short-term rental.
11.
Any and all parking shall be located off-street and completely within
the subject lot.
12.
Short-term rentals shall not be rented during construction, remodeling,
additions, or an active building permit, unless the building permit
for the same has been approved by final inspection or municipal-issued
occupancy certificate, or approval by the municipality's Building
Code Official, and upon an affirmative showing by the agent that the
safety and welfare of occupants can be maintained.
13.
The following information shall be submitted with the conditional
use application:
a.
A plan, drawn to scale, showing the lot, location of any improvements
and available parking area. The number of bedrooms and beds including
day beds available shall also be specified.
b.
Occupancy load of the premises, as approved by the municipality.
c.
Proof of fire and hazard insurance.
d.
Proof of liability insurance.
e.
A copy of the list of rules to be posted in the short-term rental
and on the third-party platform.
f.
A list of third-party platforms and/or websites the short-term rental
is conducted on.
14.
Required annual permit.
a.
Upon conditional use approval, all short-term rentals shall require
the submission and approval of a short-term rental permit.
b.
All short-term rental listings shall match the occupancy limitations
of the approved license.
c.
If the conditional use and permit are granted, the applicant shall
provide the Zoning Officer with confirmation that the applicant has
taken all action required to register with the Allegheny County Treasurer
to enable the applicant to pay the hotel and/or room taxes imposed
by Allegheny County. The Zoning Officer shall not issue a certificate
of occupancy for the short-term rental until the applicant presents
such confirmation of registration.
15.
Permit application renewal.
a.
The owner of the short-term rental shall apply each year for a permit
to authorize continued operation of the short-term rental, accompanied
by any fee which Council may establish by resolution. If the Zoning
Officer confirms that the short-term rental meets such requirements,
the Zoning Officer may issue a permit to authorize continued operation
of the short-term rental for a one-year period. Operation of a short-term
rental without the required annual permit is a violation of this chapter.
