A.
Except as provided in Article XI, Nonconforming Lots, Structures and Uses, no building or structure shall be constructed and no building, structure or land, or part thereof shall be used for any purpose or in any manner other than for one or more of the uses hereinafter set forth as permitted in the Industrial District or set forth as permissible by special permit in said district and so authorized.
B.
Permitted uses in the industrial district are indicated in the list
below. Specific uses, not included, but related or equivalent to a
listed use may be permitted, subject to interpretation and approval
by the Zoning Hearing Board.
C.
The following uses shall be permitted in the Industrial District
provided that they are not obnoxious or offensive by reason of the
emission of odor, dust, smoke, noise, gas, fumes, cinders, vibration,
or refuse matter of water-carried waste:
(1)
Airplane factory or hanger, not including wind tunnel and testing
field.
(2)
Automobile sales, servicing, painting, upholstering, tire retreading
or recapping, battery manufacturing, and the like; not including gasoline
service station.
(3)
Boat-building.
(4)
Box factory.
(5)
Building materials sales establishment and storage area.
(6)
Building-mover and wrecker's establishment.
(7)
Brewery.
(8)
Cleaning and dyeing establishment.
(9)
Contractor's equipment storage.
(10)
Cooperage works.
(11)
Distribution plant, including parcel delivery, ice and cold
storage plant, bottling plant, and food commissary or catering establishment.
(12)
Feed mixing plant.
(13)
Foundry, casting of only lightweight nonferrous metal.
(14)
Grain elevator.
(15)
Iron, steal or other metal, fabrication (no foundry, drop hammer
and no punch press over 50 tons capacity).
(16)
Laboratories, experimental, photo or motion picture, film or
testing.
(17)
Laundry.
(18)
Lumber storage, millwork, and sales.
(19)
Machine shop.
(20)
Machinery repairing, sales and display.
(21)
Manufacture, fabrication and maintenance of electric and neon
signs, billboards, commercial advertising structures, light sheet
metal products including heating and ventilating ducts and equipment,
cornices, eaves and the like, and also including plumbing, heating
or electrical contracting business.
(22)
Manufacturing, fabricating, compounding, assembling or treatment
of articles of merchandise from the following previously prepared
materials; bone, cellophane, canvas, horn, leather, paper, plastics,
precious or semiprecious metals or stones, shell, textiles, tobacco,
yarns, wood, and paint not employing a boiling process.
(23)
Manufacture, fabricating, compounding; canning, packaging or
treatment of such products as bakery goods, candy, cosmetics, dairy
products, drugs, perfumes, pharmaceuticals, perfumed toilet soap,
soft drinks, toiletries and food products, not including the following:
fish and meat products, sauerkraut, vinegar and yeast, except in conjunction
with a general food products manufacturing company; and the rendering
of fats and oils.
(24)
Manufacture of: appliances, electrical or mechanical; instruments,
electronic, musical, precision, or the like; machines, electric or
mechanical, for home or office, and the like; phonographs, radios,
telephones, or other instruments or machines for receiving, reproducing
or transmitting sound; watches and clocks, toys, novelties, and rubber
and metal hand stamps.
(25)
Petroleum and petroleum by-products storage, not in excess of
an amount necessary for use on the premises.
(26)
Planing mill.
(27)
Printing, lithographing, type composition, ruling and binding
establishment.
(28)
Processing, canning packaging or treatment of fish and meat
products, sauerkraut, vinegar, yeast but not including the following:
fish smoking, curing or canning; rendering of fats and oils; or slaughter
of animals.
(29)
Railroad or other mass transportation company freight and/or
passenger facilities, right-of-way, trackage and sidings, with accessory
poles and overhead wires, signal or other operating devices, shelters
and comfort stations incident to the use thereof, including private
off-street turnaround and layover areas for mass transit vehicles
and parking areas for buses.
(30)
Repair shop, other than a railroad major repair shop.
(31)
Solid fuel such as coal, coke and wood, storage and sales.
(32)
Stone or monument works.
(33)
Storage of any merchandise other than; explosives or inflammables;
garbage, offal or dead animals; petroleum and petroleum by-products
in excess of an amount necessary for use on the premises; and rags,
paper, metal or junk.
(34)
Structure for landing or mooring or other like purposes and
the use of the same for land or water transportation interchange.
(35)
Wholesale business.
(36)
Hospital, only with emergency facilities incident to an industry.
(37)
Public utility facilities and installations for electricity,
gas, oil, steam, telegraph, telephone (including telephone exchange
building), and water; (not including railroads).
(38)
School, industrial trade, when not objectionable due to noise,
odor, vibration, dust, smoke or other similar causes.
(43)
Other customary accessory uses and buildings provided such uses
are incidental to the principal use and are located on the same lot
with the principal use.
(44)
Institutional schools.
(45)
Mobile homes and mobile home parks.
(46)
Group homes.
(47)
Dog kennel, is a permitted use in an Industrial District, if
the realty is located north of Route 837, also known as "River Road."
[Added 11-12-2008 by Ord.
No. 3-2008; amended 10-13-2014 by Ord. No. 2-2014]
[Added 11-12-2008 by Ord.
No. 3-2008]
A.
Use requirements. Any structure or use permitted in an Industrial District hereinafter enacted, added to or structurally altered shall be located on a lot having not less than the minimum requirements set forth in Subsection D below, and no more than one principal building shall be built on such lot. No existing lot shall be changed as to size or shape so as to result in the violation of the requirements set forth in Subsection D below.
B.
Performance standards for sexually oriented businesses.
(1)
A sexually oriented business shall not be operated or maintained
within 500 feet of a residentially zoned district, a church, an institutional
school, a group home, community center, park, recreational trail,
nursing home, or establishment licensed by the Commonwealth of Pennsylvania
to sell or serve alcoholic beverages. The distance limitations previously
set forth shall be measured in a straight line from the main public
entrances of said premises or from the lot lines of properties in
the residentially zoned districts.
(2)
A sexually oriented business shall comply with the following sign,
display and window requirements:
(a)
All signs shall be flat wall signs. No illuminated signs or
signs featuring marque lights shall be permitted.
(b)
The amount of allowable sign area shall be the lesser of one
square foot of sign area per linear foot of lot frontage on a street;
or 25 square feet.
(c)
No books, magazines, photographs, films, motion pictures, video
cassettes or discs, slides, or other photographic reproductions or
other materials of any type or kind, which are distinguished and characterized
by their evidence of matters depicting, describing or relating to
the specified sexual activities or specified anatomical areas shall
be displayed on signs or in window areas.
(d)
No signs shall be placed in any window. A one square foot sign
may be placed on the door of the sexually oriented business to state
hours of operation and admittance to adults only.
(3)
All sexually oriented businesses shall have at least one employee
on duty at all times that any patron is on the premises. No minors
shall be permitted to loiter in any part, parking lots or areas adjacent
to the sexually oriented business.
(4)
All sexually oriented businesses shall have a minimum of one footcandle
of illumination measured at floor level in every area where patrons
are permitted access.
(5)
All viewing rooms in an adult arcade, adult cabaret, adult motion-picture
theater, or adult theater shall be subject to the following requirements:
(a)
The viewing rooms shall have an unobstructed view of access
for the employee(s) on duty.
(b)
No viewing room shall be occupied by more than one person at
a time.
(c)
No connections or openings to adjoining viewing rooms shall
be permitted.
(d)
All requirements set forth in 68 Pa.C.S.A. §§ 5501
to 5509.
(6)
Separate stage and viewing areas shall be in those specific sexually
oriented business where a live performance is given. Separate access
shall be provided to the stage and viewing areas and no connecting
access shall be between the two areas.
C.
Performance standards for communications (antenna, facility, tower).
[Added 10-13-2014 by Ord.
No. 2-2014]
(1)
A communications antenna ("antenna") more than 12 feet in height,
which is mounted to an existing structure or which is part of a communication
tower ("tower"), is only permitted as a conditional use in the Industrial
District.
(2)
Ground transformer, generator and related ground equipment are permitted
on the same lot as said tower but ancillary uses such as business
office, vehicular storage and maintenance buildings are prohibited
unless otherwise permitted in said zoning district.
(3)
The height of any antenna on a tower shall not exceed the height
of the structure by more than 12 feet. If the Antenna is to be mounted
on an existing tower, building or structure, a permit shall not be
required; provided however, that the applicant shall provide certification
from an engineer licensed in the Commonwealth of Pennsylvania that
the proposed installation of an antenna or an additional antenna to
the building or structure shall not exceed the structural capacity
of the building or structure.
(4)
The owner of the tower must demonstrate by competent expert testimony
and by submitted, signed and sealed statement that the location of
the tower (or antenna, whatever the case may be) is necessary to prevent
a gap in reasonable and acceptable transmission or reception service
under prevailing industry standards.
(5)
For all new tower installations.
(a)
The owner of the proposed tower is required to demonstrate that
it contacted the owners of tall structures within a 1/4 mile radius
of the site proposed, asked for permission to install the antenna
on those structures and was denied for reasons other than economic
ones. This would include smokestacks, water towers, tall buildings,
antenna support structures of other communication phone companies,
other communications (fire, police, etc.), and other tall structures.
The Borough may deny the application to construct a new tower if the
applicant has not made a good faith effort to mount the antenna on
an existing structure.
(6)
Tower height.
(a)
The applicant shall submit justification that the proposed tower
does not exceed the minimum height required to function according
to reasonably acceptable industry standards. Industry standards shall
be submitted as part of the conditional use application. The height
of the tower shall be determined by the distance from grade to top
of the support tower.
(7)
Tower setbacks.
(a)
If a new tower support structure is constructed, the minimum
distance between the base of the support structure and any lot line
or street right-of-way shall be 115% of the tower's height but in
no case less than 30 feet. Associated supports and guide wires shall
not be located within the required setbacks.
(8)
The proposed tower must be erected to comply with manufacturer requirements
and accepted engineering standards and the applicant must submit certification
by a duly licensed engineer, competent in the field, that the tower
is structurally sound for the purposes intended. The communication
tower shall be securely anchored in a fixed location on the ground,
and the applicant shall provide qualified documentary evidence that
the proposed structure will withstand wind, snow, ice and other natural
forces. The applicant also shall demonstrate that the proposed tower
and support structure are safe and adequate clear area according to
industry standards is available in case of support structure failure,
radio frequency, falling ice or other debris. The antenna mounted
on any tower, building or structure shall comply with FCC rules on
radio frequency emissions. All of the foregoing shall be certified
by a duly licensed engineer, competent in the field, and by an expert
competent in radio emission standards.
(9)
The tower, or the yard area containing the tower, shall be protected
and secured by a fence to guarantee the safety of the general public.
Fencing shall consist of galvanized chain link, eight feet in height,
and installation of anticlimbing safety devises will be required at
a minimum to demonstrate compliance with this chapter. All guy wires
associated with guyed communications towers shall be clearly marked
so as to be visible at all times and shall be located with a fence
enclosure.
(10)
The applicant shall submit a site plan or survey of the lot
for the tower certified by licensed land surveyor or engineer. If
a site plan or survey is prepared by an engineer, the plan or survey
must contain a statement referencing the source of the information
contained in the plan or survey. The boundary survey source information,
at minimum, shall include the name and registration number of the
surveyor who prepared the survey and the date and drawing number of
the survey.
(11)
Only one communication tower shall be permitted per lot.
(12)
The applicant shall have the burden of proof to demonstrate
a high degree of probability that the placement and use of the tower
will not endanger the health, safety and welfare of the public.
(13)
The applicant will provide, at the Borough's request, copies
of FCC licenses for all users of the facility. Conditional use approval
is contingent upon the maintenance of FCC licenses for all users.
Any grant of conditional use hereunder will automatically expire if
said license ever expires.
(14)
Communication tower owners shall be responsible for removing
all antennas whose licenses have expired. Removal of an antenna for
which a license has expired shall occur within six months following
the expiration date of the license(s). Such activity shall be subject
to the bonding requirements as specified by Sections 509 and 510 of
the Municipalities Planning Code.[1] If the communications tower itself remains unused for
a period of 12 consecutive months, the owner or operator shall dismantle
and remove the tower within six months of the expiration of such twelve-month
period.
[1]
Editor's Note: See 53 P.S. §§ 10509 and 10510,
respectively.
(15)
Landscaping. Outside of the required fencing, a landscaping
screen of evergreen trees planted 10 feet on center and a minimum
six feet in height shall be required on all sides of said fencing
except where an opening/accessway exists.
(16)
In order to reduce the number of antenna support structures
needed in the Borough in the future, the proposed support structure
shall be constructed to accommodate multiple antennae for other users,
including other cellular phone companies, and police, fire and ambulance
companies and other public and emergency management entities. The
applicant, its successor(s) or assign(s) shall file written certification
that said requirements will be complied with and agrees that if the
applicant fails to do so, the conditional use shall become null and
void.
(17)
The communication tower and support structures fewer than 200
feet in height should be painted silver or have a galvanized finish
retained in order to reduce the visual impact. Where a communication
tower and support structure are located within an existing woodland
setting, the communication tower and support structure shall be painted
dark green.
(18)
Communication antennas shall comply with all applicable standards
established by the FCC governing human exposure to electromagnetic
radiation.
(19)
Additional standards. In addition to the foregoing, Borough
Council may apply the following standards to applications for conditional
use for communication towers and communication facilities as it deems
warranted:
(a)
Inspection. The Borough Council may require periodic inspections
of communication towers to insure structural integrity. Such inspections
may be required by owners as follows:
(b)
Inspections shall be conducted by an engineer licensed by the
Commonwealth of Pennsylvania. The result of such inspections shall
be provided to the Borough. Based upon results of an inspection, the
Borough may require repair or removal of a communication tower.
(c)
Equipment in a communication facility shall be automated to
the greatest extent possible to reduce traffic and congestion. The
applicant shall provide a written statement describing anticipated
maintenance needs, including frequency of service, personnel needs,
equipment needs and traffic, noise, or safety impact of such maintenance.
Where the lot abuts or has access to a collector and local street,
access for maintenance vehicle shall be exclusively the means of the
collector street. A surfaced and maintained driveway with parking
inside the fence boundaries must also be constructed.
(d)
When lighting is required and permitted by the Federal Aviation
Administration (FAA) or other federal or state authority, it shall
be oriented inward so as not to project onto a surrounding lot.
(e)
Review letters from Allegheny County and/or FAA shall be submitted
that determine any flight path hazards, prior to the site plan approval.
(f)
The applicant shall submit a copy of its current FCC license;
the name, address and emergency telephone number for the operation
of the communications tower and a certificate of insurance evidencing
general liability coverage in the minimum amount of $1,000,000 per
occurrence and property damage coverage in the minimum amount of $1,000,000
per occurrence covering the communications tower and communications
antennas.
(g)
The applicant may be required to execute a developer's agreement
with the Borough Council in a form acceptable to the Borough Solicitor.
Such agreement may include compliance with bonding requirements as
specified by Sections 509 and 510 of the Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. §§ 10509 and 10510,
respectively.
D.
