Borough of Fox Chapel, PA Article IV Special Exceptions and Conditional Uses

§ 400-12 General.

[Amended 10-15-1984 by Ord. No. 450]

This Part 1 recognizes that there are certain land uses which may be fully compatible with other uses and a necessary or desirable addition to the community if high standards of site design and building construction are followed. This Part 1 also recognizes that rigid adherence to minimum lot size standards may result in inappropriate use of land areas. The ordinance therefore permits conditional uses, which may be authorized by Borough Council, and special exceptions to the use restrictions and minimum lot size standards of this Part 1, which may be authorized by the Zoning Hearing Board.

§ 400-13 Special exceptions.

[Amended 6-16-1980 by Ord. No. 421; 1-17-1983 by Ord. No. 437; 10-15-1984 by Ord. No. 450]

When specifically provided for in this Part 1, the Zoning Hearing Board shall apply the standards and criteria set forth in this section in judging applications for special exceptions. In granting a special exception, the Board may attach such reasonable conditions and safeguards, in addition to those set forth in this section, as it may deem necessary to implement the purpose of this Part 1. There shall be a public hearing on each application for a special exception, in accordance with Section 908 of the Planning Code.[1]

A. General standard and criteria for review of special exceptions. In any instance where the Zoning Hearing Board is required to consider a request for special exception, the Zoning Hearing Board must determine that the following standards and criteria are met before granting the request:

(1) The size, scope, extent and character of the special exception requested is consistent with the Fox Chapel Borough Comprehensive Plan and promotes the harmonious and orderly development of the zoning district involved.

(2) The proposed special exception constitutes an appropriate use consistent with the character and type of development in the area surrounding the location for which the request is made and will not substantially impair, alter or detract from the use of surrounding property or the character of the neighborhood in light of the zoning classification of the area affected; the effect on other properties in which the density development is located; the area; the number, extent and scope of nonconforming uses in the area; and the presence or the absence in the neighborhood of conditions or uses which are the same or similar in character to the special exception use for which applicant seeks approval.

(3) The proposed use is suitable with respect to traffic and highways in the area and provides for adequate access and off-street parking arrangements in order to protect major roads from undue congestion and hazard.

(4) Major road frontage will be developed so as to limit the total number of access points and encourage the frontage of buildings on parallel marginal roads or on roads perpendicular to the major road.

(5) The proposed change is reasonable in terms of the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police, fire protection and public schools, and assures adequate arrangements for sanitation in specific instances.

(6) Conditions are being imposed on the grant of the request necessary to ensure that the general purpose and intent of this part is complied with and that the use of the property adjacent to the area proposed for special exception use is adequately safeguarded with respect to harmonious design of buildings, aesthetics, planting and its maintenance as a sight or sound screen, landscaping, hours of operation, lighting, numbers of persons involved, allied activities, ventilation, noise, sanitation, safety, smoke and fume control, and the minimizing of noxious, offensive or hazardous elements.

(7) The proposed change protects and promotes the safety, health and general welfare of the Borough.

[1] Editor's Note: See 53 P.S. § 10908.

§ 400-14 Conditional uses.

[Amended 10-15-1984 by Ord. No. 450; 4-20-1987 by Ord. No. 475; 6-17-1991 by Ord. No. 521; 5-18-1992 by Ord. No. 530; 7-20-1992 by Ord. No. 532; 7-18-1994 by Ord. No. 556; 7-18-1994 by Ord. No. 557; 11-18-1996 by Ord. No. 581; 1-20-1997 by Ord. No. 584; 5-17-1999 by Ord. No. 602; 6-21-1999 by Ord. No. 604; 8-16-1999 by Ord. No. 605; 12-18-2006; by Ord. No. 650; 1-16-2007 by Ord. No. 651; 1-16-2007 by Ord. No. 652]

Conditional uses may be authorized only in accordance with the procedures set forth in § 400-38 of this Part 1. In judging any application for a conditional use, Borough Council shall give careful consideration to the standards and criteria set forth in this section. In preparing recommendations for Borough Council regarding any application for a conditional use, the Fox Chapel Planning Commission shall state the degree to which the application conforms to or departs from said standards and criteria and shall set forth any additional safeguards or conditions which appear reasonably necessary in the public interest.

A. Density development.

(1) Density development is permissible in A, B and C Residence Districts.

(2) The site of a density development shall not be smaller than six acres (261,360 square feet).

(3) The total number of single-family dwellings in a density development shall not exceed that which is permissible for a single-family development in the applicable base zoning district.

(4) The permitted uses and structures in a density development shall be those of the zoning district in which the density development is located but shall not include uses authorized under the provisions for planned residential development.

(5) The minimum single-family lot size in any portion of a density development shall be one acre (43,560 square feet) in the A Residence Districts and 2/3 acre (29,040 square feet) in the B and C Residence Districts for any density development submitted to or approved by the Borough prior to July 20, 1992. For density developments submitted or approved after July 20, 1992, see § 400-10, Schedule of District Regulations, Lot, Yard and Setback Requirements, Part II.[1]

[1] Editor's Note: The Schedule of District Regulations, Lot, Yard and Setback Requirements is an attachment to this chapter.

(6) For a density development located in the A Zoning District, the minimum lot width, yard and setback requirements shall be those of the B Zoning District. For a density development located in the B or C Zoning District, the minimum lot width, yard and setback requirements shall be those of the zoning district in which the density development is located, except that in the B Zoning District the minimum lot width at the building line shall be not less than one 150 feet. These requirements are for density developments submitted to or approved by the Borough prior to July 20, 1992. For density developments submitted or approved after July 20, 1992, see § 400-10, Schedule of District Regulations, Lot, Yard and Setback Requirements, Part II.[2]

[2] Editor's Note: The Schedule of District Regulations, Lot, Yard and Setback Requirements is an attachment to this chapter.

(7) The portions of a density development not occupied by single-family lots or roads shall be common open space. The area of common open space shall constitute no less than 15% of the total site area to be used for a density development. Within the area of common open space, at least 50% shall be undisturbed open space. Each parcel of common open space shall be offered for dedication to the Borough for park use. The Borough may accept or reject any such offer. Only if the Borough rejects such an offer of any parcel, the parcel shall meet one of the following two requirements:

(a) The land shall be deeded to an organization in which membership is mandatory for all owners of single-family lots in the density development, which organization shall be responsible for maintenance of and insurance and taxes on common open space; or

(b) The land shall be deeded to a private nonprofit conservation organization with perpetual existence, provided that the conveyance contains provisions for reverter or retransfer to the Borough or to another private nonprofit conservation organization with perpetual existence in the event that the first or a successor such organization becomes unwilling or unable to continue carrying out its functions, and further provided that an appropriate covenant or other form of maintenance agreement acceptable to the Borough is entered into by the developer and the organization.

(c) Such common open space shall, to the reasonable satisfaction of Council, be located and designed as an area or areas easily accessible to residents of the density development and which preserves the natural features of the development area, including those features listed under § 363-9 in Chapter 363, Part 2, the Natural Resources Assessment and Protection Ordinance.

Regardless of the type of ownership utilized, all areas of common open space shall be covered by conservation easement, deed restriction or other form of written agreement for perpetual preservation of the area as open space consistent with the terms of this section. Such agreement shall be subject to the approval of the Borough Solicitor.

(8) The layout of any density development shall be consistent with the Borough's Comprehensive Plan.

(9) Single-family dwellings, roads and areas of common open space shall be located, oriented and dimensioned to meet the requirements of the Natural Resources Ordinance (Chapter 363, Part 2, of the Code).

(10) In granting a density development as a conditional use, the Borough Council grants only the land use, based on the general characteristics of the proposed density development as shown on a preliminary plan (as defined in Article IV, § 380-18,, of the Subdivision Ordinance), and on the above requirements. After being granted approval as a conditional use, a proposed density development is still subject to preliminary and final subdivision approval.

(11) If the density development is proposed as a portion of a larger subdivision or land development, the developer must show the proposed boundary of the density development.

(12) If the density development is adjacent to land not fully developed and under option or the same beneficial ownership, the developer shall submit a master plan for the future development of all contiguous properties under option or the same beneficial ownership.

B. Private stable.

(1) A private stable may be permitted only in an A Residence District.

(2) The proposed stable or any enlargement or addition to an existing stable, shall be of substantial construction and be architecturally compatible with the neighborhood where it will be built. No stable or corral shall be located at a distance of less than 100 feet from any lot or street line.

(3) The number of horses to be kept in the proposed private stable shall not exceed one for every 60,000 square feet in the lot or parcel, provided that not more than two foals less than six months in age may be added to the number of horses derived from the above calculation.

(4) The applicant shall file a written agreement with the Borough Council stating that he will remove or completely remodel for another approved accessory use the private stable if he ceases to maintain a horse therein for a continuous period of three years or for any 40 months in a four-year period.

(5) The Borough Council shall take into consideration whether the lot or parcel where a private stable is proposed has direct access to open space suitable for equitation and whether the applicant has permission to use said open space for the purpose.

C. Water storage facility. Applicant shall submit documentation or other evidence demonstrating compliance with the following standards:

(1) The proposed water storage facility shall be set forth in detail and may include underground reservoirs, aboveground reservoirs, elevated storage tanks, standpipes and accessory buildings, including, but not limited to, underground vaults and aboveground buildings for chlorination and pumping facilities, control valves, meters and appurtenances thereto; provided, however, that any such buildings shall not be used for general storage of something other than water or operations not directly and substantially related to the operation of a water storage facility.

(2) Aboveground structures and underground structures shall comply with the applicable setback for structures in the district in which the structure is located. Council shall have the ability to approve conditional uses where structures (both above and below ground) are located in setback areas. Such approval shall not be a matter of right and may be granted only if a reasonable necessity is shown by the applicant, based on all the facts and circumstances, including:

(a) The height and size of the structure;

(b) The relative feasibility of alternatives;

(c) The amount of the encroachment into the setback area; and

(d) Those factors listed in Subsection A(9) hereof.

(3) Not more than 30% of the total lot shall be covered by structures, buildings or other impervious surfaces; provided, however, that the provisions of this Subsection C(3) shall not apply to portions of underground structures which are completely buried by a layer of earth at least 18 inches in thickness.

(4) No aboveground water storage structure shall exceed 6,000 square feet in plan view. No other structure or building shall exceed 1,000 square feet of total floor space at or above ground level.

(5) The current or reasonably anticipated need in the community for a proposed water storage facility.

(6) The proposed location must be adequate for the intended purpose of water storage facilities, which includes providing an adequate water supply to the public and adequate water pressure for firefighting purposes and for other customers.

(7) The minimization of detrimental effect on the essential character of the neighborhood will be considered. In addition to other items, Council will specifically consider:

(a) Sight lines from neighboring residences;

(b) Screening, other landscaping and color of structures to reduce visual impact;

(c) Exact height of any structures and specific setbacks requested; and

(d) Other health, safety and welfare concerns including anticipated noise levels.

D. Amateur radio communications towers.

(1) General standards. Amateur radio communications antennas and all associated towers and support devices (collectively referred to in this section as an "antenna") shall be permitted as a conditional use in the A, B, C and D Residence Districts and the I-O District, provided it is demonstrated by the applicant by competent evidence that:

(a) No antenna or any part thereof shall be erected or placed within the required setbacks. One additional foot of setback will be required for every one foot of height over 30 feet.

(b) No antenna shall be permitted in any front yard.

(c) The antenna must be erected to comply with manufacturer requirements and accepted engineering standards.

(d) The width of the base of the antenna shall be no more than five feet at ground level. At 30 feet (if not the top), the maximum width shall be three feet. At the top, the maximum width shall be 18 inches. All support devices shall, where possible, be guy wires or metal lattice. No sign or other structure, device or other items shall be placed on the antenna.

(e) The antenna 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, ice, snow and other natural forces.

(f) The antenna, or the yard area containing the antenna, shall be protected and secured to guarantee the safety of the general public. Fencing (which must comply with the applicable provisions of this section) or installation of anti-climbing safety devices will be required at a minimum to demonstrate compliance with this subsection. Associated supports and guy wires shall not be located within the required setbacks.

(g) The applicant shall submit a site plan or survey of the property certified by an engineer or architect.

(h) Only one antenna is permitted per lot. The antenna must be an accessory structure.

(i) The antenna will not adversely affect property values in the neighborhood (and, in particular, each abutting property) by more than 10%.

(j) The applicant will submit a copy of his or her FCC license. Any grant of conditional use hereunder will automatically lapse if said license ever expires or lapses.

(k) All lighting, other than that required by the Federal Aviation Administration (FAA), shall be shielded and reflected away from adjoining properties.

(2) Additional standards. In addition to the foregoing, the following standards shall apply to the antenna and the application for conditional use:

(a) In granting the use, Council may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks, the use of a retractable antenna where the extended height of the antenna exceeds 30 feet, and restrictions of the hours in which the antenna can be fully extended. The retracted height should be 30 feet or less, if possible.

(b) If the conditional use is approved, the height limitations in § 400-29 of this Part 1 will not apply to the antenna. The height granted by the Council will be the minimum necessary to provide a reasonable accommodation to applicant.

(c) All conditional use approval granted under this section will automatically lapse if not used for six continuous months. In such a case, all portions of the antenna will be taken down as soon as possible.

E. Communication towers.

(1) General standards. Communications antennas and other broadcasting, transmitting or receiving devices (including, but not limited to, those used for cellular systems, but excluding amateur radio antennas and satellite dish antennas) and all associated towers and devices or structures used to physically support the actual antenna (collectively referred to in this subsection as "communications tower") shall be permitted as a conditional use in the I-O District, provided it is demonstrated by the applicant by competent evidence that:

(a) No communications tower shall be erected within the required setbacks. One additional foot of setback will be required for every one foot of height over 30 feet.

(b) There shall also be required for all communications towers (other than those which are completely invisible from the outside by reason of being completely concealed within, for example, a church steeple) a setback of 500 feet from any occupied structure on another lot, including dwelling units, schools and churches. In the event of inconsistency between this Subsection E(1)(b) and Subsection E(1)(a) above, the subsection providing the greater setback from either occupied structures on other lots or the lot lines of the site of the communications tower shall control.

(c) No communications tower shall be permitted in any front yard.

(d) The communications tower must be erected in compliance with manufacturer's requirements and accepted engineering standards, including any applicable federal standards.

(e) The width of the base of the communications tower shall be no more than 10 feet at ground level. At 30 feet (if not the top), the maximum width shall be six feet. At the top, the maximum width shall be 18 inches. (The top of the structure shall be deemed to include, for the purposes of this subsection, all areas within three feet of the highest point of the communications tower.) Only the following items are permitted to be placed on the communications tower: lights (but only if and to the extent required by the FAA); any foliage or other devices which disguise or otherwise screen the communications tower; and antennas for the purpose of transmitting and receiving communications signals regulated by the FCC. None of the items permitted in the preceding sentence shall be considered in calculating the width of the communications tower for purposes of this Subsection E(1)(e).

(f) The communications tower shall be securely anchored in a fixed location on the ground or securely attached on another structure which is in turn securely anchored on the ground. The applicant shall provide qualified documentary evidence that the proposed structure and any existing structure to which the antenna is attached will withstand wind, snow, ice and other natural forces.

(g) The communications tower, or the yard area containing the communications tower, shall be protected and secured to guarantee the safety of the general public. Fencing (which must comply with the applicable provisions of this Part 1) or installation of anti-climbing safety devices will be required at a minimum to demonstrate compliance with this subsection. Associated structures which support the antennas shall not be located within the required setbacks.

(h) The applicant shall submit a site plan or survey of the property certified by an engineer or architect.

(i) The communications tower can be located on a lot which contains other uses permitted in the I-O District.

(j) The communications tower and its operation will comply with all applicable federal regulations.

(k) The applicant will submit a copy of its FCC license. Any grant of conditional use hereunder will automatically lapse if said license ever expires or lapses.

(l) The applicant must demonstrate that the height of the top of the communications tower is the lesser of: a) 125 feet above ground level; or b) the minimum necessary to service the service area requirements of the applicant. If the applicant is applying for height in addition to its own requirements, it must submit agreements and details regarding the user of the additional height and the facilities to be placed on the tower.

(m) All communications towers must be stealth towers. A stealth tower is a communications tower which is not recognizable as a conventional communications tower (e.g., a metal lattice structure), but instead is disguised or concealed in such a fashion as to conform to its surroundings. Examples of such stealth towers include a tower which looks like a tree or one which is concealed in a church steeple. In determining conformity to surroundings, Council will consider the following factors at a minimum:

[1] Height and types of trees (if applicable and when compared with the proposed communications tower);

[2] Height and types of structures within sight distance of the proposed communications tower;

[3] Nature of neighborhood (e.g., residential, church, golf club); and

[4] Proximity of the communications tower to neighboring properties and structures.

(n) The applicant must use the applicant's best efforts to fly an all-weather balloon or place an alternative object at or near the proposed location of the communications tower for at least 14 days prior to the public hearing on the application. The balloon or object must be red and at least 18 inches in diameter, if spherical, or 18 inches in height and width, if rectangular. The top of the balloon or object must be at a maximum proposed height of the communications tower.

(o) Stealth towers must comply with the requirements of Subsection E(1)(a) through (n) above. However, Council may waive the requirements of the following provisions of the foregoing subsections where the applicant can demonstrate that the requirement is not necessary to protect the health, safety and welfare: Subsection E(1)(a) and (b) relating to additional setbacks; Subsection E(1)(c) relating to no front yard placement; Subsection E(1)(e) relating to width; Subsection E(1)(g) relating to fencing; Subsection E(1)(l) relating to height.

(2) Additional standards. In addition to the foregoing, the following standards shall also apply to communications towers and the application for conditional use:

(a) In granting the use, Council may attach reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, location, fencing, screening, increased setbacks and the right to use said facilities for public purposes.

(b) If the conditional use is approved, the height limitations in § 400-29 of this Part 1 will not apply to the communications tower.

(c) All conditional uses approved under this section will automatically lapse if not used for six continuous months. In such a case, all portions of the communications tower will be taken down by the applicant, its successors or assigns, as soon as possible, but not longer than four months after the conclusion of said six-month period. In the event that the applicant, its successors and assigns fail to take down the tower, the owner of the property upon which the tower is located will be responsible for taking it down.

(d) A previously approved conditional use will lapse if an entity operating an existing communications tower in the Borough does not provide reasonable cooperation with another applicant attempting to co-locate on said existing tower.

(e) All approvals will be only for the specific facilities set forth in the application. No additions or alterations thereto will be permitted without a new application.

(f) A lease or license of land for the purpose of installing and operating a communications tower shall not be considered a subdivision for purposes of Subsection B in the definition of "subdivision," in § 380-3 of Chapter 380, Subdivision and Land Development.

F. Oil and gas operations.

[Amended 4-16-2018 by Ord. No. 705; 7-16-2018 by Ord. No. 706]

(1) The outer edge of an oil or gas well pad and any other operation (other than a pipeline, access road or security facility) must be at least the greater of the distance specified in the Act or 300 feet from any existing building;

(2) Natural gas compressor and processing stations must be located the distance specified in the Act or 750 feet from the nearest existing building or 200 feet from the nearest lot line, whichever is greatest, unless waived by the owner of the building or adjoining lot, and the noise level may not exceed 60 dbA at the nearest property line or the applicable standard imposed by federal law, whichever is less noisy;

(3) No area disturbed in connection with the drilling of an oil or gas well (other than the access road, pipelines and security facilities) shall be located at a distance of less than 100 feet from any lot or street line;

(4) No oil or gas operation (other than a pipeline) shall be permitted on a parcel less than 10 acres in size;

(5) Both during and after construction, the disturbed area containing the gas or oil well shall be enclosed by a fence suitable for preventing access to the area by unauthorized persons and otherwise meeting Borough standards contained in § 400-25 of this chapter;

(6) The applicant shall file with the Borough Council a written plan providing for the landscaping of the site after construction so as to screen the well and related equipment from adjoining properties and streets, public and private;

(7) The applicant shall file a notice of proposed environmental disturbance with the Environmental Advisory Council and obtain the approval of Borough Council of the proposed disturbance, and shall otherwise comply in all respects with Part 2 of Chapter 363 of the Code of Ordinances;

(8) Movement of equipment to and from the site of an oil or gas well shall be subject in all respects to Sections 14 and 15 of Ordinance 403, Chapter 338, § 338-15 of the Code of Ordinances, and the Pennsylvania Vehicle Code, 75 PA. C.S.A., especially Chapter 49 thereof;

(9) The applicant shall agree that the Borough has a right of inspection during site preparation and drilling and thereafter, in relation to the enforcement of this ordinance;

(10) The applicant shall provide evidence that the oil or gas well has been appropriately permitted by Pennsylvania's Department of Environmental Protection ("DEP");

(11) The application shall show gathering and transmission pipelines from the wellhead at least as far as the boundary of the Borough;

(12) Water (with or without additives) being held for injection into a well and water (whether purified or not) returned from a well may be stored only on the parcel on which the wellhead is located and only in closed tanks surrounded by containment dams and only for a short time period;

(13) Before commencing grading, drilling or any other operations on the well site (except a road with a dust-free surface adequate for test boring equipment), the applicant shall drill test borings at locations and to depths agreed with the Borough for the purpose of drawing and analyzing water on and beneath the site so that a predevelopment base line of the contents of the water can be developed for ultimate comparison to post-development water;

(14) The application must be accompanied by a plan agreed upon by the applicant and the Borough's emergency management personnel on how spills, blowouts, and other accidents and emergency situations on the well site shall be handled, it being understood that the cost of handling such situations shall be borne by the applicant; and

(15) The application shall also include the applicant's plan to inform residents the nearest points of whose property is within a half mile of the boundaries of the well site before the application is filed and periodically during the performance of work on the site as to the work being or to be performed and likely consequences of it.

G. Small wind energy systems.

(1) Small wind energy systems (as defined below) shall be permitted as a conditional use in all zoning districts.

(2) Definitions. As used in this section, the following terms shall have the meanings indicated:

OWNER

The individual or entity that intends to own and operate the small wind energy system in accordance with this Part 1.

ROTOR DIAMETER

The cross-sectional dimension of the circle swept by the rotating blades.

SMALL WIND ENERGY SYSTEM

A wind energy system that:

(a) Is used to generate electricity;

(b) Has a nameplate capacity of 100 kilowatts or less; and

(c) Has a total height of 170 feet or less.

TOTAL HEIGHT

The vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.

TOWER

The monopole, freestanding or guyed structure that supports a wind generator.

WIND ENERGY SYSTEM

Equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system.

WIND GENERATOR

Blades and associated mechanical and electrical conversion components mounted on top of the tower.

(3) A wind tower for a small wind system shall be set back a distance equal to its total height from:

(a) Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road;

(b) Any overhead utility lines, unless written permission is granted by the affected utility; and/or

(c) All property lines, unless written permission is granted from the affected landowner or neighbor.

(4) All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.

(5) The tower shall be designed and installed so as not to provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.

(6) All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box and the grounding wires, shall be located underground.

(7) A small wind energy system, including tower, shall comply with all applicable state construction and electrical codes and the National Electrical Code.

(8) No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(9) The applicant will provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.

(10) The tower height of a small wind energy system shall not exceed a maximum height of 80 feet on a parcel of between 1/2 acre and one acre. For property sizes of one acre or more, there is no limitation on tower height except as imposed by FAA regulations.

(11) The minimum distance between the ground and any protruding blades utilized on a small wind energy system shall be 15 feet, as measured at the lowest point of the arc of the blades. The lowest point of the arc of the blade shall also be 10 feet above the height of any structure within 150 feet of the base. The supporting tower shall also be enclosed with a six-foot-tall fence or the base of the tower shall not be climbable for a distance of 12 feet.

(12) To the extent applicable, the small wind energy system shall comply with the Pennsylvania Uniform Construction Code, 34 Pa. Code §§ 403.1 to 403.142.

(13) The wind generator shall be a nonobtrusive color such as white, off-white or gray.

(14) The wind generator and tower shall not be artificially lighted, except to the extent required by the FAA or other applicable authority that regulates air safety.

(15) All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building or other structure associated with small wind energy system shall be prohibited.

H. Solar panels, ground-mounted.

[Amended 6-15-2020 by Ord. No. 714; 10-17-2022 by Ord. No. 721]

(1) Solar panels, ground-mounted shall meet the requirements set forth in §§ 400-34D and 400-38 of the Code of Ordinances.

(2) Ground-mounted solar panels may be permitted as a conditional use under this section. Ground-mounted solar panels shall:

(a) Be located in a side or rear yard only.

(b) Not exceed eight feet in height above the ground.

(c) Be fully screened from adjacent properties by fencing or a combination of evergreen and deciduous plantings.

(d) For ground-mounted solar panels, all exterior electrical lines must be in conduit and conduit and plumbing lines must be buried.

I. (Reserved)[3]

[3] Editor's Note: Former Subsection I, Small wireless facilities, added 4-15-2019 by Ord. No. 709, was repealed 10-18-2021 by Ord. No. 717. See now § 400-34.1, Small wireless facilities.