Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
The permitted principal uses in each zoning district are:[1]
[1]
Editor's Note: The Table of Permitted Principal Uses is included as an attachment to this chapter.
[Ord. 741, passed 7-3-1978; Ord. 770, passed 7-23-1979]
A church or any building used primarily for worship and religious education must have direct access from an arterial or collector road.
A manse is considered a single-family dwelling. Dormitories are considered apartments and shall meet the requirements for R-3 or R-4 Districts depending upon the height of the building(s) and/or number of stories.
[Ord. 1235, passed 7-17-2000]
(a) 
Council may approve farms and farm buildings as conditional uses in R-1 and R-2 zoned districts.
(b) 
If any of the provisions of this section are contrary to any State or Federal regulations or laws, it is the intent that such regulations or laws shall supersede these conditions.
(c) 
Applications for a farm or farm building shall be submitted in accordance with Article 1365 and shall include a plan showing conformance with all regulations for collection and management of manure and wastes as required by all State and Federal regulations, including Chapter 101 of the Pennsylvania Department of Environmental Protection Regulations, Special Water Pollution Regulations, or its successor regulations and Pennsylvania's Nutrient Management Act.
(d) 
The approval of an application shall not be granted until a public hearing is conducted on the application and Town Council has determined the application is an appropriate use for the site and will not cause a direct adverse effect on the public health, safety or welfare, and evidence presented shows conformance with the standards herein. In the event of conflict, the following conditions take precedence over other requirements set forth in each zoning district.
(1) 
One residential dwelling unit is allowed on five acres; one additional dwelling unit is permitted on each additional 10 acres. A farm shall have a minimum of five acres.
(2) 
No large or medium size farm animals are permitted on less than 10 acres. Two large or medium size farm animals are permitted on 10 acres. Two additional large or medium size farm animals are permitted on each acre over 10 acres. If these limitations are exceeded as a result of a newborn, the owner is permitted six months to adjust the number of animals in accordance with these limitations.
(3) 
Small animals are permitted and shall be restrained by an enclosure, fence or leash run area, in the rear yard, not closer than 30 feet to a lot line and the total of these areas shall not exceed 25% of the rear yard.
(4) 
For a farm less than 10 acres, the total ground area covered by agricultural commodities other than large and medium size farm animals, but including farm buildings, enclosures, fences and leashed areas, shall not exceed 50% of the lot area.
(5) 
No farm animal or farm building is permitted in the front yard except buildings used exclusively for on-site sales. An on-site sales structure must be set back a minimum of 35 feet and off-site parking provided.
(6) 
Required fences or leashed areas shall be set back 50 feet minimum from any lot line provided that enclosures, fences or buildings for pigs, sheep or goats shall be set back 175 feet minimum. Areas planted with agricultural commodities shall be set back 20 feet minimum.
(7) 
Farm buildings, except as otherwise provided herein, shall be set back a minimum of 175 feet from any lot line.
(8) 
Open manure piles or farm buildings storing manure shall be located, constructed and managed in strict conformance with all State and Federal regulations, including the State's Nutrient Management Act, Chapter 22, and regulations promulgated under this Act, and managed so as to prevent a direct adverse effect on the health, safety and general welfare of the surrounding area. Leachate or water runoff from the farm must be controlled to prevent pollution of wells and State waterways.
(9) 
Bufferyard E is required on side and rear lot lines, as deemed necessary by Council to buffer adjacent homes.
(10) 
Electric fences may be approved by Council.
(11) 
Boarding of horses and riding academies are permitted on farms larger than 15 acres.
(12) 
Direct commercial sales of agricultural commodities on the land or farm is permitted, if at least 50% of the commodities sold are produced on the farm.
(13) 
Storage of all farm equipment and farm vehicles shall be inside a farm building.
(14) 
Fence lines and pastures cannot cross streams with defined banks.
(15) 
Except as set forth herein, dimensional requirements shall conform to the zoning district regulations.
(16) 
Erosion and sedimentation control regulations must be followed.
[Ord. 1235, passed 7-17-2000]
Council may approve the keeping of a horse, pony or small farm animal for personal use or enjoyment only as a conditional use in R-1 and R-2 zoned districts. In the event of conflict, the following conditions take precedence over other requirements in the Zoning Ordinance:
(a) 
Lot size shall be a minimum of eight acres for a horse or pony. Up to two horses or ponies are permitted on eight to 10 acres. A maximum of three horses or ponies are permitted on more than 10 acres.
(b) 
The side and rear yards shall be planted in accordance with Bufferyard D.
(c) 
A horse or pony shall be restrained by a fence or enclosure located in the rear yard. Fences shall not be closer than 50 feet from a property line.
(d) 
Small animals shall be restrained by an enclosure, fence or leash run area, in the rear yard, not closer than 30 feet to a lot line. The total of these areas shall not exceed 25% of the rear yard.
(e) 
Farm buildings for housing animals shall be set back 175 feet minimum for any lot line. Other farm buildings shall be set back 100 feet minimum from any lot line.
(f) 
Leachate or water runoff from the farm must be controlled to prevent pollution of wells and State waterways.
(g) 
Farm buildings or areas used for collection or storage of excrement or manure shall be set back 300 feet minimum from any lot line.
(h) 
Open manure piles or farm buildings storing manure shall conform to all State, Federal and County regulations, including the State's Nutrient Management Act, Chapter 22, and regulations promulgated under this Act, and managed so as to prevent an adverse effect on the health, safety or general welfare of the surrounding area and shall comply with Article 705, "Health, Safety and Sanitation", Section 705.07 Garbage and Rubbish, of the Codified Ordinances of the Town of McCandless.
[Ord. 741, passed 7-3-1978; Ord. 770, passed 7-23-1979]
A gas station is a facility used primarily for dispensing motor fuel into vehicles. A gas station is permitted only when authorized as a special exception by the Zoning Hearing Board. The pump island and any canopy must be in the buildable area. Repairs must be done inside the building. Body repair is not permitted.
Additional dimensional standards for a gas station shall be as follows:
(a) 
Distance from another gas station not located at the same road intersection: 1,500 feet min.
(b) 
Lot area: 20,000 square feet min.
(c) 
Lot width: 150 feet min.
(d) 
Side and rear yard depth abutting nonresidential property: 15 feet min.
(e) 
Curb cut length: 25 feet max.
(f) 
Clear distance between curb cuts: 20 feet max.
(g) 
Clear distance between curb cuts and lot line: 20 feet max.
[Ord. 741, passed 7-3-1978]
Outside sales area must be paved, dust free and adequately drained. Repair and wash operations must be done inside a building. Minimum yard depth from any repair or wash operation to any residential property is 100 feet.
[1]
Editor's Note: Former § 1341.06, Neighborhood park or playground, was repealed 3-27-1989 by Ord. No. 1004.
[Ord. 741, passed 7-3-1978; Ord. 770, passed 7-23-1979]
An academic school is any educational institution, kindergarten through university, public, private or parochial. Schools of specialized training operated for a profit are not academic schools. Off-street loading of school buses shall be provided. Recreational areas must be at least 15 feet from any lot line. Athletic activity attracting spectators must be 200 feet from any lot line. Dormitories are considered apartments and shall meet the requirements for R-3 or R-4 Districts depending upon the height of the building(s) and/or number of stories.
[Ord. 986, passed 6-27-1988]
Heliports or other aircraft landing fields may be permitted as a conditional use upon approval by Council in I-Institutional Districts as an accessory use to hospitals or nursing homes for the movement of emergency medical cases. Heliports or other aircraft landing fields may be permitted as conditional uses by Council in C-6 Institutional District, C-7 Office Building District and C-8 General Office and Limited Retail District whenever Council is satisfied that a heliport or other aircraft landing field can be safely operated, would be a valuable adjunct to the business or businesses being operated in such districts and would not adversely affect the peace, privacy and general welfare of the occupants of any residences located in the vicinity of the proposed heliport or other aircraft landing field. Heliports or other aircraft landing fields shall be constructed and installed to meet all of the requirements of the Building Officials Conference of America (BOCA) Basic Fire Prevention Code, latest edition, and shall be approved by the Bureau of Aviation of the Commonwealth of Pennsylvania prior to commencement of operation. Heliports or other aircraft landing fields shall not be permitted in any other commercial district within the Town and shall not be permitted in any residential zoning district within the Town.
Prior to the approval of a heliport or other aircraft landing field, a plan of the property owned by the applicant shall be submitted to Council and the site shall be physically inspected by the Town Manager, the Town Fire Marshall and the Town Building Inspector prior to any final approval. Prior to the approval, Council may require such physical demonstrations as to the suitability of the site, as may be determined appropriate by Council.
[Ord. 1127, passed 8-22-1994]
(a) 
Parking.
(1) 
Parking, display or storage of heavy equipment and vehicles, as an accessory or principal use and which are not in daily use, is a conditional use and shall conform to the following:
(2) 
Parking of equipment or vehicles, as used in the daily operation of a business, shall be designated on the site plan which is submitted for Town approval.
(3) 
Construction equipment used in an on-going land development project, for road building, municipal, utility, authority projects and service or for emergency operations, does not come under this use classification.
(4) 
Heavy equipment/vehicles includes dump trucks, farm tractors, hi-lifts, bulldozers, semi-trailers, large machinery and similar large equipment and mobile homes.
(b) 
Parking areas.
(1) 
Parking areas shall be paved. Council may waive this requirement where it is not suitable such as track vehicles, etc.
(2) 
Parking areas shall be located 100 feet from residential districts and streets abutting such districts.
(3) 
Parking areas shall be located 35 feet from all other zoning districts and streets.
(c) 
Bufferyards. Bufferyards shall be provided as follows:
(1) 
Bufferyards adjacent to residential districts and streets abutting these districts shall be planted in accordance with bufferyard H, Section 1314.04.
(2) 
Bufferyards adjacent to other zoning districts and streets shall be a minimum of 25 feet, planted in accordance with bufferyard F, Section 1314.04.
[Ord. 1127, passed 8-22-1994]
Lots or parcels used primarily for parking of client, customer, patron or student vehicles, is a conditional use in all commercial and institutional districts, and shall conform to the following:
(a) 
Parking areas.
(1) 
Parking areas shall be paved;
(2) 
Parking areas shall be located 30 feet from residential districts and streets abutting such districts; and
(3) 
Parking areas shall be located 20 feet from all other zoning districts and streets.
(b) 
Bufferyards. Bufferyards shall be provided as follows:
(1) 
Bufferyards adjacent to residential districts and streets abutting these districts shall be planted in accordance with bufferyard E, Section 1314.04.
(2) 
Bufferyards adjacent to other zoning districts and streets shall be planted in accordance with bufferyard D, Section 1314.04.
[Ord. 1127, passed 8-22-1994]
Outdoor storage, display and sales of nursery products, materials, goods and merchandise is permitted as an accessory use in C-3 Zoning Districts, and shall conform to the following conditions:
(a) 
Any structures used for shelter of merchandise, goods and/or products shall be designed and including in the plat submission.
(b) 
All parking areas and driveways shall be paved.
(c) 
Display areas shall be set back from R-1 and R-2 Districts a minimum of 40 feet. Setback for all other districts is 20 feet.
(d) 
Operation of heavy equipment, as defined in Section 1341.09, shall not be operated between the hours of 10:00 p.m. and 6:00 a.m. prevailing time.
(e) 
The design and arrangement of the facility shall be such as to prevent chemicals and toxic substances from filtering into the groundwater.
[Ord. 1316, passed 3-28-2005]
(a) 
Except as noted in (b) below, advertising signs shall comply with the following:
(1) 
Advertising signs shall be no larger than 200 square feet and shall be landscaped with year-round materials to screen the sign support.
(2) 
Advertising signs shall comply with all C-3 (Highway Commercial) provisions and shall receive site plan approval.
(3) 
Zoning permits are required for the installation or modification of the structure supporting the advertising signs.
(4) 
Illumination of the display shall be designed so that it shall be focused on the face of the display itself so as to prevent glare upon the surrounding area. All sources of illumination shall be external and equipped with shields to prevent spillage of light off the display.
(5) 
Lighting shall not exceed 1/2 foot candle, 15 feet from the structure of the advertising sign at a height of three feet above ground level.
(6) 
Advertising signs shall not have flashing lights or copy changeable by mechanical and/or electronic means.
(b) 
Advertising signs on Public Transit Shelters may be permitted as follows:
(1) 
Advertising signs may be permitted on Town approved Public Transit Shelters located in commercially zoned districts, multi-family zoned districts and institutionally zoned districts or rights-of-way adjacent to those districts as outlined in Section 907.
(2) 
Advertising signs shall not exceed 24 square feet in display surface per sign.
(3) 
No more than two advertising signs may be placed on each shelter. Each sign may have two faces.
(4) 
Sign display and lighting must be integral to the design of the structure and may not extend beyond the face or height of the structure.
(5) 
Advertising signs shall not have flashing lights or copy changeable by mechanical and/or electronic means.
(6) 
The advertising sign shall not project beyond the bounds of the structure. All signage shall be lighted with diffused internal lighting not to exceed 400 watts per sign. The source of the lighting shall not be visible. Lighting shall not exceed 1/2 foot candle, 15 feet from any point on the perimeter of the shelter.
[Ord. 1127, passed 8-22-1994; Ord. 1449, passed 5-18-2015]
(a) 
Towers and antennas may be allowed as a principal use in commercial and institutional districts for governmental entities, for fire, police and emergency purposes, for authorities and for other nonprofit purposes to serve the community, subject to conditions in subsection (b) hereof.
(b) 
Towers and antennas (structures) are permitted as an accessory use in all zoning districts, subject to the following conditions:
(1) 
Towers or antennas shall be located in the buildable area, but in no event, closer to the lot line than the intersection of an arc prescribed from the ground elevation and the top of the structure.
(2) 
Towers and antennas shall be free and clear of all overhead utilities and designed such that the failure of the structure will not endanger such utilities. Generally the safe distance of the structure from the utility lines is twice the height of the structure.
(3) 
All building mounted towers and antennas in excess of eight feet high and ground mounted structures in excess of 14 feet, shall be designed by a professional engineer or company experienced in such work.
(4) 
All building mounted towers and antennas in excess of 10 feet high and ground mounted structures in excess of 18 feet, shall be installed by a professional engineer or company experienced in such work.
(5) 
All building mounted towers and antennas shall be limited to 14 feet in height above the roof or structure mounting in residential districts.
(6) 
All ground mounted towers and antennas shall be limited to 40 feet in height above the ground in residential districts.
(7) 
All antennas and towers required to be professionally designed by subsection (b)(3) hereof, shall be inspected annually by a professional engineer or company experienced in such work and marked with hazard or warning labels as may apply.
(c) 
General requirements for all communications antennas.
(1) 
The following regulations shall apply to all Communications Antennas that do not Substantially Change the physical dimensions of the Wireless Support Structure to which they are attached:
A. 
Prohibited on certain structures. Commercial Communications Antennas shall not be located on single-family dwellings, two family dwellings, multi-family dwellings, or any accessory residential structure.
B. 
Permit required. Applicants proposing the modification of an existing Communications Tower, in order to co-locate an Antenna, shall obtain a Permit from the Town Zoning Office. In order to be considered for such permit, the Applicant must submit a permit application to the Town Zoning Office.
C. 
Standard of care. Any Communications Antenna shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Antennas 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 Town.
D. 
Related equipment. Ground-mounted Related Equipment greater than three cubic feet shall not be located within 25 feet of a lot in residential use or zoned residential.
E. 
Wind. All Communications Antenna structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222-E, as amended).
F. 
Public safety communications. No Communications Antenna shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
G. 
Aviation safety. Communications Antennas shall comply with all federal and state laws and regulations concerning aviation safety.
H. 
Radio frequency emissions. No Communications Antenna may, by itself or in conjunction with other Antennas, 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.
I. 
Removal. In the event that use of a Communications Antenna is discontinued, the owner shall provide written notice to the Town of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned Antennas or portions of Antennas shall be removed as follows:
1. 
All abandoned or unused Antennas and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Town.
2. 
If the Antenna or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Town, the Antenna and/or associated facilities and equipment may be removed by the Town and the cost of removal assessed against the owner of the Antenna.
J. 
Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a Communications Antenna is filed with the Town, the Town shall notify the Applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Town shall make its final decision on whether to approve the application and shall advise the Applicant in writing of such decision. If additional information was requested by the Town to complete an application, the time required by the Applicant to provide the information shall not be counted toward the Town's sixty-day review period.
K. 
Permit fees. The Town may assess appropriate and reasonable permit fees directly related to the Town's actual costs in reviewing and processing the application for approval of a Communications Antenna. Such fees shall be adopted by resolution of Town Council. For applications that fall under the WBCA, the fee assessed shall not exceed the maximum fees established under the WBCA.
L. 
Insurance. Each Person that owns or operates a Communications Antenna shall provide the Town with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the Communications Antenna.
M. 
Indemnification. Each Person that owns or operates a Communications Antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the Town, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the Person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the Communications Antenna. Each Person that owns or operates a Communications Antenna shall defend any actions or proceedings against the Town in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a Communications Antenna. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(2) 
The following regulations shall apply to all Communications Antennas that do Substantially Change the Wireless Support Structure to which they are attached:
A. 
Prohibited on certain structures. Communications Antennas shall not be located on single-family dwellings, two-family dwellings, or any residential accessory structure.
B. 
Permits required. Any Applicant proposing the construction of a new Communications Antenna, or the modification of an existing Communications Antenna, shall first obtain a Permit from the Town Zoning Office. New construction and modifications shall be prohibited without a Zoning Permit and Building Permit, as required. After receipt of the Permit application, the Town Zoning Officer shall determine whether zoning relief is necessary under the Town Code.
C. 
Standard of care. Any Communications Antenna shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. All Antennas 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 Town.
D. 
Wind. Any Communications Antenna structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222-E Code, as amended).
E. 
Public safety communications. No Communications Antenna shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
F. 
Historic buildings. No Communications Antenna may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Town, or has been designated by the Town to be of historical significance.
G. 
Aviation safety. Communications Antennas shall comply with all federal and state laws and regulations concerning aviation safety.
H. 
Maintenance. The following maintenance requirements shall apply:
1. 
The Communications Antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
2. 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Town's residents.
3. 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
I. 
Radio frequency emissions. No Communications Antenna may, by itself or in conjunction with other Antennas, 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.
J. 
Removal. In the event that use of a Communications Antenna is discontinued, the owner shall provide written notice to the Town of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned Antennas or portions of Antennas shall be removed as follows:
1. 
All abandoned or unused Antennas and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Town.
2. 
If the Antenna or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Town, the Antenna and/or associated facilities and equipment may be removed by the Town and the cost of removal assessed against the owner of the Antenna.
K. 
Timing of approval. Within 30 calendar days of the date that an application for a Communications Antenna is filed with the Town, the Town shall notify the Applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Town shall make its final decision on whether to approve the application and shall advise the Applicant in writing of such decision. If additional information was requested by the Town to complete an application, the time required by the Applicant to provide the information shall not be counted toward the Town's ninety-day review period.
L. 
Retention of experts. The Town may hire any consultant(s) and/or expert(s) necessary to assist the Town in reviewing and evaluating the application for approval of the Antenna and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Ordinance. The Applicant and/or owner of the Antenna shall reimburse the Town for all costs of the Town's consultant(s) in providing expert evaluation and consultation in connection with these activities.
M. 
Permit fees. The Town may assess appropriate and reasonable permit fees directly related to the Town's actual costs in reviewing and processing the application for approval of a Communications Antenna, as well as related inspection, monitoring and related costs.
(d) 
Communications antennas outside the public rights-of-way. The following additional regulations shall apply to Communications Antennas located outside the public Rights-of-Way that do Substantially Change the Wireless Support Structure to which they are attached:
(1) 
Communications Antennas are permitted in the (I) Institutional, District, C-5 Commercial Residential District, C-7 Office Building District, R-4 Hi-Rise Apartment District, and R-6 Elderly Housing District. Communications Antennas in such districts may only be mounted to a building, an existing utility pole, an existing Communications Tower, or public utility transmission structure.
(2) 
Development regulations. Communications Antennas shall be co-located on existing structures, such as existing buildings or Communications Towers, if possible, subject to the following conditions:
A. 
To the extent permissible by law, such Antenna does not exceed the lesser of a total maximum height of 12 feet, or the maximum height permitted in the underlying zoning district.
B. 
If the Antenna Applicant proposes to locate the Related Equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.
C. 
A security fence satisfactory to the Town of not less than 10 feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use. A lock box shall be provided for emergency access.
(3) 
Permit required. If co-location of the Communications Antenna on an existing Support Structure is not technologically feasible, the Applicant shall obtain a Permit from the Town Zoning Office.
(4) 
Land development plan. Town approval of a land development plan shall be required for all Towers in excess of 50 feet in height. All stormwater requirements are applicable.
(5) 
Design regulations.
A. 
Communications Antennas shall employ Stealth Technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the Stealth Technology chosen by the Antenna Applicant shall be subject to the approval of Town Council.
B. 
The total height of any support structure and mounted Antenna shall not exceed the maximum height permitted in the underlying zoning district. To the extent permissible by law, the height of an Antenna shall not exceed the lesser of a total maximum height of 12 feet, or the maximum height permitted in the underlying zoning district.
C. 
In accordance with industry standards, all Communications Antenna Applicants must submit documentation to the Town justifying the total height of the Antenna structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
D. 
Non-Commercial Usage Exemption. Town citizens utilizing satellite dishes, Amateur radios, and Antennas for the purpose of maintaining television, telephone, radio communications and/or internet connections at their respective residences shall be exempt from these Design Regulations.
(6) 
Removal, replacement, modification.
A. 
The removal and replacement of Communications Antennas and/or accessory equipment for the purpose of upgrading or repairing the Antenna is permitted, so long as such repair or upgrade does not increase the overall size or number of Antennas.
B. 
Any material modification to a Wireless Communications Facility shall require a prior amendment to the original permit or authorization.
(7) 
Reservation of rights. In accordance with applicable law, the Town reserves the right to deny an application for the construction or placement of any Communications Antenna for numerous factors, including but are not limited to, visual impact, design, and safety standards.
(8) 
Inspection. The Town reserves the right to inspect any Antenna to ensure compliance with the provisions of this Ordinance and any other provisions found within the Town Code or state or federal law. The Town and/or its agents shall have the authority to enter the property upon which an Antenna is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(e) 
Communications antennas in the public rights-of-way. The following additional regulations shall apply to all Communications Antennas located in the public Rights-of-Way:
(1) 
Permitted in areas in which utilities are aboveground. Communications Antennas shall be permitted in areas in which all utilities are located aboveground, regardless of the underlying zoning district, so long as such Antennas are located on existing poles in the ROW. Antennas shall not be located on any sign listed in the Manual on Uniform Traffic Control Devices (MUTCD) nor any traffic signal pole, mast arm device or associated equipment.
(2) 
Co-location. Communications Antennas in the ROW shall be co-located on existing poles, such as existing utility poles or street light poles. If co-location is not technologically feasible, the Applicant shall locate its Communications Antennas on existing poles that do not already act as Wireless Support Structures.
(3) 
Design requirements:
A. 
Antenna installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
B. 
Antennas and all support equipment shall be treated to match the supporting structure. Antennas and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted. Antennas must be located using Stealth Technology as approved by the Town. No more than four antennas may be placed on a pole.
(4) 
Reimbursement for ROW use. In addition to permit fees as described above, every Communications Antenna in the ROW is subject to the Town's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Town'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 Town. The owner of each Communications Antenna shall pay an annual fee to the Town to compensate the Town for its costs incurred in connection with the activities described above. The Annual ROW management fee for Communications Antennas shall be determined by the Town and authorized by resolution of Town Council and shall be based on the Town's actual ROW management costs as applied to such Communications Antenna.
(5) 
Time, place and manner. The Town shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Communications Antennas in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Town and the requirements of the Public Utility Code.
(6) 
Equipment location. Communications Antennas and accessory 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 Town. In addition:
A. 
In no case shall ground-mounted equipment, walls, or landscaping be located within 36 inches of the exposed back of the curb or within an easement extending onto a privately-owned lot;
B. 
Ground-mounted equipment that cannot be underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Town.
C. 
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Town.
D. 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
E. 
Any plans for a proposed underground vault related to Communications Antennas shall be reviewed and approved in advance by the Town.
(7) 
Relocation or removal of facilities. Within 60 days following written notice from the Town, or such longer period as the Town determines is reasonably necessary or such shorter period in the case of an Emergency, an owner of an Antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Antenna when the Town, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
A. 
The construction, repair, maintenance or installation of any Town or other public improvement in the Right-of-Way;
B. 
The operations of the Town 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 Town.
(8) 
Reservation of rights. In accordance with applicable law, the Town reserves the right to deny an application for the construction or placement of any Communications Antenna for numerous factors, including but are not limited to, visual impact, design, and safety standards.
(f) 
General requirements for all communications towers. The following regulations shall apply to all Communications Towers:
(1) 
Standard of care. Any Communications Tower shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any Communications Tower shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Town.
(2) 
Authorization required. The construction of a new Communications Tower may be permitted as a special exception subject to the applicable standards in this Ordinance. Modifications to an existing Communications Tower shall be prohibited without a zoning permit. Any Applicant for a special exception shall demonstrate that the proposed facility conforms to all applicable requirements and standards set forth in Section 1341.13.
(3) 
Wind. Any Communications Tower structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222-E, as amended).
(4) 
Design. Any Communications Tower shall be designed to have the least practical adverse visual effect on the areas which can view it.
(5) 
Height. Any Communications Tower shall be designed at the minimum functional height. All Communications Tower Applicants must submit documentation to the Town justifying the total height of the structure. The maximum total height of any Communications Tower, which is not located in the public ROW, shall not exceed 200 feet, as measured vertically from the ground level to the highest point on the structure, including Antennas and subsequent alterations. Equipment buildings, cabinets, and ground-mounted accessory structures shall not exceed 15 feet in height.
(6) 
Related equipment. A telecommunication equipment building, equipment cabinet, or any other structure associated with a Communications Tower, shall meet the height and setback requirements for principal buildings in the zoning district in which the building is located, except as otherwise noted in the Town of McCandless Zoning Ordinance.
(7) 
Public safety communications. No Communications Tower shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(8) 
Maintenance. The following maintenance requirements shall apply:
A. 
Any Communications Tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
B. 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of Town residents.
C. 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(9) 
Radio frequency emissions. No Communications Tower may, by itself or in conjunction with other Wireless Communications Facilities, 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.
(10) 
Historic buildings or districts. No Communications Tower may be located 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 Town.
(11) 
Signs. All Communications Towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency.
(12) 
Lighting. No Communications Tower shall be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. If lighting is required, the Applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Strobe lights are not to operate between sunset and sunrise.
(13) 
Noise. Communications Towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and applicable Town ordinance guidelines, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(14) 
Aviation safety. Communications Towers shall comply with all federal and state laws and regulations concerning aviation safety.
(15) 
Retention of experts. The Town may hire any consultant(s) and/or expert(s) necessary to assist the Town in reviewing and evaluating the application for approval of the Communications Tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this Ordinance. The Applicant and/or owner of the Tower shall reimburse the Town for all costs of the Town's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(16) 
Timing of approval. Within 30 calendar days of the date that an application for a Communications Tower is filed with the Town, the Town shall notify the Applicant in writing of any information that may be required to complete such application. All applications for Communications Towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such Communications Tower and the Town shall advise the Applicant in writing of its decision. If additional information was requested by the Town to complete an application, the time required by the Applicant to provide the information shall not be counted toward the 150-day review period.
(17) 
Non-conforming uses. Non-conforming Communications Towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this Ordinance. Co-location of antennas on existing non-conforming Towers is permitted.
(18) 
Removal. In the event that use of a Communications Tower is planned to be discontinued, the owner shall provide written notice to the Town of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned Towers or portions of Towers shall be removed as follows:
A. 
All unused or abandoned Communications Towers and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Town.
B. 
If the Tower and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Town, the Tower and accessory facilities and equipment may be removed by the Town and the cost of removal assessed against the owner of the Tower.
C. 
Any unused portions of Communications Towers, including Antennas, shall be removed within six months of the time of cessation of operations. The Town must approve all replacements of portions of a Communications Tower previously removed.
(19) 
Permit fees. The Town may assess appropriate and reasonable permit fees directly related to the Town's actual costs in reviewing and processing the application for approval of a Communications Tower, as well as related inspection, monitoring and related costs.
(20) 
FCC license. Each Person that owns or operates a Communications Tower shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(21) 
Insurance. Each Person that owns or operates a Communications Tower greater than 50 feet in height shall provide the Town with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the Communications Tower. Each Person that owns or operates a Communications Tower 50 feet or less in height shall provide the Town with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each Communications Tower.
(22) 
Indemnification. Each Person that owns or operates a Communications Tower shall, at its sole cost and expense, indemnify, defend and hold harmless the Town, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the Person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the Communications Tower. Each Person that owns or operates a Communications Tower shall defend any actions or proceedings against the Town in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of Communications Tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(23) 
Engineer signature. All plans and drawings for a tower and Antenna shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(24) 
Financial security. Prior to receipt of a zoning permit for the construction or placement of a Communications Tower, the Applicant shall provide to the Town financial security sufficient to guarantee the removal of the Communications Tower in a form to be approved by the Town Attorney. Said financial security shall remain in place until the Communications Tower is removed.
(g) 
Tower-based facilities outside the rights-of-way. The following regulations shall apply to Tower-Based Wireless Communications Facilities located outside the Rights-of-Way:
(1) 
Development regulations:
A. 
Location. No Communications Tower shall be located in an area in which all utilities are underground, except as permitted by this Ordinance. The following additional requirements shall apply:
1. 
Communications Towers may be permitted in an (I) Institutional Zoning District.
2. 
Communications Towers shall not be located in, or within 75 feet of, any area in which all utilities are underground.
B. 
Gap in coverage. An Applicant for a Communications Tower must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of Wireless Communications Facility being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or non-existence of a gap in wireless coverage shall be a factor in the Town's decision on an application for approval of Communications Towers.
C. 
Sole use on a lot. A Communications Tower shall be permitted as a sole use on a lot, provided that the lot shall meet the minimum lot area of the district in which it is located.
D. 
Combined with another use. A Communications Tower may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, 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 Wireless Communications Facility.
2. 
Minimum lot area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the Communications Tower and guy wires, the equipment building, security fence, and buffer planting if the proposed Communications Tower is greater than 50 feet in height. If a security fence is put in place, a lock box shall be provided for emergency access.
3. 
Minimum setbacks. The foundation and base of any Communications Tower shall be set back from property lines in accordance with the minimum setbacks applicable to the zoning district where the property is located.
(2) 
All parts of the Communications Tower shall be set back a minimum of 100 feet from the property line on the larger parcel on which the leased parcel is located, plus one foot for each foot of height of Tower and Antenna beyond 100 feet. Notice. Upon submission of an application for a Communications Tower, the Applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The Applicant shall provide proof of the notification to the Town.
(3) 
Leased parcels. Copies of lease agreements and easements necessary to provide access to the buildings or structure for installation and placement of the equipment cabinet or equipment building shall be provided to the Town. Recording of a plat of subdivision shall not be required for the leased parcel on which the Communications Tower is constructed, provided the equipment building is proposed to be unmanned, the required easement agreement for access is submitted for approval by the Town, and the equipment building is less than 1,000 square feet.
(4) 
Co-location and siting. The Applicant must demonstrate that the wireless communications equipment planned for the proposed Communications Tower cannot be accommodated on an existing or approved structure or building, or on Town property. The Applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers in excess of 50 feet, within a 1/2 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:
A. 
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.
B. 
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.
C. 
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.
D. 
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(5) 
Any application for approval of a Communications Tower shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the Applicant can show to the satisfaction of the Town that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(6) 
Design regulations:
A. 
The Communications Tower 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 Communications Tower Applicant shall be subject to the approval of the Town.
B. 
Any height extensions to an existing Communications Tower shall require prior approval of the Town. The Town reserves the right to deny such requests based upon lawful considerations related to the character of the Town.
C. 
Any proposed Communications Tower shall be designed structurally, electrically, and in all respects to accommodate both the Communications Tower Applicant's Antennas and comparable Antennas for future users.
D. 
Any Communications Tower over 50 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
(7) 
Surrounding environs:
A. 
The Applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the Communications Tower structure shall be preserved to the maximum extent possible.
B. 
The Applicant shall submit a soil report to the Town complying with the standards of Appendix I: Geotechnical Investigations, ANSI/TIA-222, as amended, to document and verify the design specifications of the foundation of the Communications Tower, and anchors for guy wires, if used.
(8) 
Fence/screen:
A. 
A security fence satisfactory to the Town having a minimum height of 10 feet shall completely surround any Communications Tower greater than 50 feet in height, as well as guy wires, or any building housing Communications Tower equipment. If a security fence is used, a lock box shall be provided for emergency access.
B. 
Landscaping shall be installed to screen and buffer the tower and any ground level features, such as an equipment building, from adjacent properties.
C. 
A ten-foot wide bufferyard consisting of dense evergreen hedge planted so that the leaves or needles will touch an adjacent plant at maturity around the perimeter of the security fence on the leased parcel. The bufferyard required in the Institutional ("I") Zone District must be planted around the perimeter of the parcel from which the leased parcel is separated.
(9) 
Accessory equipment:
A. 
Ground-mounted equipment associated to, or connected with, a Communications Tower shall be underground or screened from public view using Stealth Technologies, as described above.
B. 
All 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.
(10) 
Additional antennas. As a condition of approval for all Communications Towers, the Applicant shall provide the Town with a written commitment that it will allow other service providers to co-locate Antennas on Communications Towers where technically and economically feasible. The owner of a Communications Tower shall not install any additional Antennas without obtaining the prior written approval of the Town.
(11) 
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to Communications Tower. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the Communications Tower owner shall present documentation to the Town that the property owner has granted an easement for the proposed facility. The access road shall be a minimum of 20 feet in width and shall be improved with a bituminous or concrete surface approved by the Town, for its entire length at a minimum of 12 feet in width.
(12) 
Parking. For each Communications Tower greater than 50 feet in height, there shall be two off-street parking spaces. Each parking space shall be improved with a dust-free, all-weather surface.
(13) 
Reservation of rights. In accordance with applicable law, the Town reserves the right to deny an application for the construction or placement of any Communications Tower for numerous factors, including but are not limited to, visual impact, design, and safety standards.
(14) 
Inspection. The Town reserves the right to inspect any Communications Tower to ensure compliance with the provisions of this Ordinance and any other provisions found within the Town Code or state or federal law. The Town and/or its agents shall have the authority to enter the property upon which a Communications Tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(15) 
Engineer inspection report. The owner of any Communications Tower greater than 50 feet in height shall submit to the Town proof of an annual inspection conducted by a structural engineer at the owner's expense and an updated tower maintenance program based on the results of the inspection. Any structural faults shall be corrected immediately and re-inspected and certified to the Town by a structural engineer at the Tower owner's expense.
(h) 
Communications towers in the public rights-of-way. The following regulations shall apply to Tower-Based Wireless Communications Facilities located in the Rights-of-Way:
(1) 
Location. The location of Towers is limited to the following rights-of-way:
A. 
An Applicant must first attempt to site a proposed tower along the following corridors, provided the proposed Tower is not situated within 50 feet of an area in which all utilities are underground:
1. 
Route 19 (Perry Highway)
2. 
Ingomar Road and Wildwood Road.
B. 
If it is not technologically or economically feasible to locate the proposed Tower along the corridors mentioned above, the proposed Tower may be located along collector roads listed below where utilities are aboveground, provided that the proposed Tower is not sited within 75 feet of an area in which utilities are underground. Collector Roads -Rinaman Road, Richard Road, Grubbs Road, Reichold Road, Kummer Road, Cumberland Road, Perrymont Road, and Sloop Road.
C. 
No Communications Tower sited in the public ROW shall be located in the front facade zone of any structure.
(2) 
Gap in coverage. An Applicant for a Communications Tower must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of Communications Tower being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or non-existence of a gap in wireless coverage shall be a factor in the Town's decision on an application for approval of Communications Towers in the ROW.
(3) 
Notice. Upon submission of an application for a Communications Tower, the Applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The Applicant shall provide proof of the notification to the Town.
(4) 
Co-location and siting. The Applicant must demonstrate that the wireless communications equipment planned for the proposed Communications Tower cannot be accommodated on an existing or approved structure or building, or on Town property. The Applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/2 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:
A. 
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.
B. 
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.
C. 
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.
D. 
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(5) 
Time, place and manner. The Town shall determine the time, place and manner of construction, maintenance, repair and/or removal of all Communications Towers in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Town and the requirements of the Public Utility Code.
(6) 
Equipment location. Communications Towers and accessory 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 Town. In addition:
A. 
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
B. 
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Town.
C. 
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Town.
D. 
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti.
E. 
Any plans for underground vaults related to Communications Towers shall be reviewed and approved in advance by the Town.
(7) 
Design regulations.
A. 
The Communications Tower 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 Communications Tower Applicant shall be subject to the approval of the Town.
B. 
Communications Towers in the public ROW shall not exceed 32 feet in height.
C. 
Any height extensions to an existing Communications Tower shall require prior approval of the Town, and shall not increase the overall height of the Communications Tower to more than 32 feet. The Town reserves the right to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Town.
D. 
Any proposed Communications Tower shall be designed structurally, electrically, and in all respects to accommodate both the Applicant's Antennas and comparable Antennas for future users.
(8) 
Reservation of rights. In accordance with applicable law, the Town reserves the right to deny an application for the construction or placement of any Communications Tower in the ROW for numerous factors, including but are not limited to, visual impact, design, and safety standards.
(9) 
Additional antennas. As a condition of approval for all Communications Towers in the ROW, the Applicant shall provide the Town with a written commitment that it will allow other service providers to co-locate Antennas on Communications Towers where technically and economically feasible. The owner of a Communications Tower shall not install any additional Antennas without obtaining the prior written approval of the Town.
(10) 
Relocation or removal of facilities. Within 60 days following written notice from the Town, or such longer period as the Town determines is reasonably necessary or such shorter period in the case of an Emergency, an owner of Communications Tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Communications Tower when the Town, 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 Town or other public improvement in the Right-of-Way;
B. 
The operations of the Town 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 Town.
(11) 
Reimbursement for ROW use. In addition to permit fees as described in Section VIII(19) above, every Communications Tower in the ROW is subject to the Town's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Town'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 Town. The owner of each Communications Tower shall pay an annual fee to the Town to compensate the Town for the Town's costs incurred in connection with the activities described above. The annual ROW management fee for Communications Towers shall be determined by the Town and authorized by resolution of Town Council and shall be based on the Town's actual ROW management costs as applied to such Communications Tower.
[Ord. 1127, passed 8-22-1994]
Mobile Home Parks are permitted as a conditional use in the R-5 Zoning District and shall meet the following conditions:
(a) 
All utilities, including electric, water and sewerage shall be available to each home.
(b) 
Homes shall be set on a concrete foundation.
(c) 
Open space under home shall be enclosed with concrete block and/or brick.
(d) 
Minimum lot width shall be 75 feet.
(e) 
Minimum lot size shall be 10,900 square feet.
(f) 
Spacing between homes shall be a minimum of 50 feet. Bufferyards as described in Section 1323.04(h).
[Ord. 1177, passed 12-16-1996]
An office is permitted as a Conditional Use in the C-1 Commercial Recreation District. The following conditions shall apply, in addition to the requirements set forth in the C-1 Zoning District. In the event of conflict, the following conditions take precedence.
(a) 
Maximum coverage based on gross lot area: 20% max.
(b) 
Maximum gross area of floor space: 35,000 square feet max.
(c) 
Maximum number of parking spaces permitted for office use: 85 spaces max.
(d) 
Parking requirements set forth in Section 1313.06, Parking Requirements, shall apply.
[Ord. 1215, passed 5-24-1999]
(a) 
Purpose and intent. It is the purpose and intent of this section to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the Town of McCandless, and to establish reasonable and uniform regulations to prevent the continued deleterious location and concentration of sexually oriented businesses within the Town. The provisions of this section have neither the purpose nor 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 this section 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 this section to condone or legitimize the distribution of obscene material.
(b) 
Definitions.
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
(1) 
A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
B. 
Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
(2) 
A commercial establishment may have other purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas."
ADULT CABARET
A nightclub, or bar, or establishment which regularly features:
(1) 
Person(s) who appear in the state of nudity: or
(2) 
Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) 
Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(2) 
Offers sleeping rooms for rent four or more times one calendar day during five or more calendar days in any continuous thirty-day period.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."
CHILD-ORIENTED BUSINESS
A commercial establishment which, as one of its principal business purposes, serves, sells and/or caters food, apparels, goods, services, play and/or entertainment to children and their families.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person for the purpose of a specified sexual activity, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
NUDITY or a STATE OF NUDITY
The appearance of a human bare buttocks, anus, male genitals, female genitals, or female breast.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
PERSON
An individual proprietorship, partnership, corporation, association, or other legal entity.
SEMI-NUDE
A state of dress in which clothing covers no more than the genitals, public region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
And includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) 
Sex acts, normal or perverted, actual or simulated.
(3) 
Masturbation, actual or simulated; or
(4) 
Excretory functions as part of or in connection with any of the activities set forth in Subsections 1 through 3 above.
SUBSTANTIAL ENLARGEMENT
Of a sexually oriented business means the increase in floor areas occupied by the business by more than 25%, as the floor areas exist on date of enactment of this section.
TOWN
The Town of McCandless.
TRANSFER OF OWNERSHIP OR CONTROL
Of a sexually oriented business means and includes any of the following:
(1) 
The sale, lease, or sublease of the business;
(2) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) 
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(c) 
Classification. Sexually oriented businesses are classified as follows:
(1) 
Adult arcades;
(2) 
Adult bookstores or adult video stores;
(3) 
Adult cabarets;
(4) 
Adult motels;
(5) 
Adult motion picture theaters;
(6) 
Adult theaters;
(7) 
Escort agencies;
(8) 
Nude model studios; and
(9) 
Sexual encounter centers.
(d) 
Permit required.
(1) 
Any person who operates a sexually oriented business without a valid permit issued by the Town is guilty of a violation of the Zoning Ordinance of the Town.
(2) 
After receipt of a special exception from the Zoning Hearing Board of the Town of McCandless for a sexually oriented business, an application for a permit to operate a sexually oriented business must be made on a form provided by the Zoning Officer of the Town. The application must be accompanied by a sketch or diagram showing the floor plan and plot plan configuration of the premises, including a statement of the total floor space occupied by the business. The sketch or diagram must be professionally prepared and must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. A traffic and parking study performed by a professional engineer shall be required if requested by the Town to assist in the determination of the parking requirements for a sexually oriented business at the expense of the applicant. Parking facilities must be specifically identified and shall meet all zoning ordinance requirements. Nonconforming structures and those structures not having the required parking sites shall not be issued permits unless the sexually oriented business was in existence as a lawful use prior to the date of this section.
(3) 
The applicant must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with the law by the Zoning Officer, the Fire Marshal and the Building Inspector.
(4) 
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a direct or indirect interest of 10% or greater in the corporation must sign the application for a permit as applicant.
(5) 
The fact that a person possesses other types of Town permits does not exempt the person from the requirement of obtaining a sexually oriented business permit.
(e) 
Issuance of permit.
(1) 
The Zoning Officer of the Town of McCandless shall approve the issuance of a permit to operate a sexually oriented business to an applicant within 30 days after receipt of an application unless he finds one of more of the following to be true:
A. 
The Zoning Hearing Board has not granted a special exception for the operation of a sexually oriented business.
B. 
A land development has not been approved as required.
C. 
All appeals have not been exhausted.
D. 
An applicant is under 18 years of age.
E. 
An applicant or an applicant's spouse is overdue in his payment to the Town of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a sexually oriented business.
F. 
An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.
G. 
An applicant is residing with a person who has been denied a permit by the Town to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
H. 
The premises to be used for the sexually oriented business have been reviewed and have been disapproved by either the Zoning Officer, the Fire Marshall, or the Building Inspector as not being in compliance with applicable laws and ordinances.
I. 
The permit fee required by this section has not been paid.
J. 
An applicant of the proposed establishment is in violation of, or is not in compliance with, any of the provisions of this section.
K. 
An individual applicant, or any individual holding a direct or indirect interest of more than 10% of a corporate applicant, or any of the officers and directors of a corporate applicant, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, or the manager or other person in charge of the operation of the applicant's business, has, or have been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including, but not limited to, prostitution, obscenity and possession of child pornography, or convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania. In order for approval to be denied pursuant to this subsection, the person or persons' conviction or release in connection with the sexual misconduct offense must have, occurred within two years of the date of application in the event of a misdemeanor and within five years of the date of application in the event of a felony.
(2) 
The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(3) 
The Zoning Officer, the Fire Marshall and the Building Inspector shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the application by the Zoning Officer. The certification shall be promptly presented to the Zoning Officer.
(f) 
Fees. The annual fee for a sexually oriented occupancy permit if $500.
(g) 
Inspection.
(1) 
An applicant, or permittee, shall permit representatives of the Police Department, Fire Marshall, Zoning Officer, Building Inspector or other Town departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time that the sexually oriented business is occupied or open for business.
(2) 
A person who operates a sexually oriented business or his agent or employee violates the Zoning Ordinance of the Town if he refuses to permit such lawful inspection of premises at any time it is occupied or open for business.
(h) 
Expiration of permit.
(1) 
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in subsection (e) hereof. Application for renewal should be made at least 30 days before the expiration date, the pendency of the application will not prevent the expiration of the permit.
(2) 
If the Zoning Officer denies renewal of a license, the applicant shall not be issued a permit for one year from the date of denial, except that after 90 days have elapsed since the date of denial, the applicant may be granted a permit if the Zoning Officer finds that the basis for the denial of the renewal permit has been corrected or abated.
(i) 
Suspension of permit. The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he determines that a permittee or an employee of a permittee has:
(1) 
Violated or is not in compliance with any subsection of this section;
(2) 
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(3) 
Refused to allow an inspection of the sexually oriented business premises as authorized by this section;
(4) 
Knowingly permitted gambling by any person on the sexually oriented business premises;
(5) 
Failed to man managers' stations and/or maintain viewing rooms as set forth in Section 1341.16(m).
(j) 
Revocation of permit.
(1) 
The Zoning Officer shall revoke a permit if a cause of suspension set forth in subsection (i) hereof occurs and the permit has been suspended within the preceding 12 months.
(2) 
The Zoning Officer shall revoke a permit if he determines that:
A. 
A permittee, or any of the persons specified in subsection (e)(1)K. hereof, is or has been convicted of the offenses specified in subsection (e)(1)K. hereof;
B. 
A permittee gave false or misleading information in the material submitted to the Town during the application process;
C. 
A permittee or an employee of a permittee has knowingly allowed possession, use, or sale of controlled substances on the premises;
D. 
A permittee or employee of a permittee has knowingly allowed prostitution on the premises;
E. 
A permittee or an employee of a permittee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended;
F. 
A permittee or an employee of a permittee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other explicit sexual conduct to occur in or on the permitted premises;
G. 
A permittee is delinquent in payment to the Town or State of any taxes or fees relating to sexually oriented businesses.
(3) 
When the Zoning Officer revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective, except that if the revocation is pursuant to subsection (j)(2)A., above, the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony.
(4) 
After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or licensee or permittee shall have the right to appeal said action and to seek prompt judicial review of such administrative action in any court of competent jurisdiction.
(k) 
Transfer of permit. A permittee shall not transfer his permit to another person. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application.
(l) 
Location of sexually oriented businesses.
(1) 
A person is guilty of a violation of the Zoning Ordinance if he operates or causes to be operated a sexually oriented business outside of the district in which a sexually oriented business is a permitted use in addition to the requirements of a D-Development District. No sexually oriented businesses shall be located outside a district in which a sexually oriented business is a permitted use. Sexually oriented businesses as defined herein shall be permitted in that portion of the D-Development District for properties along McKnight Road from Perrymont Road north to Ingomar Road as a special exception. No sexually oriented businesses shall be located north of Ingomar Road.
(2) 
A person is guilty of a violation of the Zoning Ordinance if he operates or causes to be operated a sexually oriented business within the below listed distances of the following institutions or residences, and no permit will be issued for any such sexually oriented business which intends to be located within the below listed distances of such institutional or residential property lines:
A. 
A church: 800 feet;
B. 
A public or private pre-elementary, elementary or secondary school property: 750 feet;
C. 
A public library: 500 feet;
D. 
A child care facility or nursery school: 800 feet;
E. 
A public playground or park: 800 feet;
F. 
A child-oriented business: 800 feet;
G. 
Residential zones: 600 feet.
(3) 
A person is guilty of a violation of the Zoning Ordinance if he operates or causes to be operated a sexually oriented business without conforming to the following standards:
A. 
Gross lot area: 20,000 square feet min.
B. 
Lot width at building line: 100 feet min.
C. 
Front yard depth: 100 feet min.
D. 
Side and rear yard depth: 30 feet min.
E. 
Maximum height of building: 35 feet.
F. 
Bufferyards planted as follows:
1. 
All yards fronting a street - bufferyard G. Section 1314.04 of the McCandless Codified Ordinances.
2. 
All other yards - bufferyard F. Section 1314.04 of the McCandless Codified Ordinances.
G. 
Coverage: 20% max.
H. 
Signs;
1. 
Signs shall conform to Section 1313.11 of the Zoning Ordinance except as provided herein.
2. 
A free standing sign shall be limited to 32 square feet.
3. 
One free standing sign shall be allowed for each 250 feet of lot width. For corner lots, a sign is permitted on the second street, not exceeding 20 square feet for each 300 feet of building depth.
4. 
Wall signs shall be limited in size to 1/2 square foot of sign for each foot of building length at the front building line. This approved size may be divided between the front of the building and one side.
5. 
A sexually oriented business operating inside a building with other businesses shall be required to coordinate signage to conform to sign requirements for this building.
6. 
Signs shall not display any nudity.
7. 
Signs shall not be lighted by blinking or glittering lights.
(4) 
No sexually oriented business, other than an adult motel, shall open to do business before 10:00 a.m., Monday through Saturday, prevailing time; and no sexually oriented business, other than an adult motel, shall remain open after 10:00 p.m., Monday through Saturday, prevailing time. No sexually oriented business, other than an adult motel, shall be open for business on any Sunday or on a legal holiday as set forth in the Act of May 31, 1893, P.L. 188, § 1, as amended, 44 P.S. § 11.
(5) 
A person is guilty of a violation of the Zoning Ordinance if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business, and no permit shall be issued for any such sexually oriented business intended to be located within 3,000 feet of another sexually oriented business.
(6) 
A person is guilty of a violation of the Zoning Ordinance if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof; or the increase of floor areas of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
(7) 
For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structure(s), from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private pre-elementary, elementary, or secondary school, public library, child care facility, or nursery school; or to the nearest boundary of an affected public playground, public park, or residence.
(8) 
For purposes of subsection (1)(2) and (5) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(9) 
Any sexually oriented business lawfully operating on date of enactment of this section that is in violation of subsection (1)(1) through (7) of this section shall be deemed a nonconforming use. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. In the event that two or more sexually oriented businesses are within 3,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
(10) 
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business permit, of a church, public or private pre-elementary, elementary, or secondary school, public library, child care facility, nursery school, public playground, public park or residence within those distances set forth in subsection (1)(2) of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
(m) 
Regulations pertaining to exhibition of sexually explicit films or Videos.
(1) 
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film or video cassette, or other video or other image production or reproduction which depicts "specified sexual activities" or "specified anatomical areas", shall comply with the following requirements:
A. 
The application for a permit to operate a sexually oriented business shall be accompanied by a floor plan and plot plan diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all viewing rooms, partitions and doors and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Zoning Officer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
B. 
The application shall be sworn to be true and correct by the applicant.
C. 
No alteration in the configuration or location of a manager's station may be made without the prior approval of the Zoning Officer or his designee.
D. 
It is the duty of the owners and operators of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
E. 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction or viewing equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the managers' stations. The view required in this subsection must be by direct line of sight from the manager's station.
F. 
It shall be the duty of the owners and operators, and it shall also be the duty of any agents and employees present on the premises to ensure that the view area specified in subsection E. remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection A. of this section.
G. 
No viewing room may be occupied by more than one person at any time. No connections or openings to an adjoining viewing room shall be permitted.
H. 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot candle as measured at the floor level.
I. 
It shall be the duty of the owners and operators and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(2) 
A person having a duty under subsection (m)(1)A. through I. is guilty of a violation of the Zoning Ordinance if he knowingly fails to fulfill that duty.
(n) 
Exemptions.
(1) 
It is a defense to prosecution under subsections (e) and (1) hereof that a person appearing in a state of nudity did so in a modeling class operated:
A. 
By a proprietary school, licensed by the Commonwealth of Pennsylvania, or a college, junior college, or university supported entirely or partly by taxation;
B. 
By private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
C. 
In a structure.
1. 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
2. 
Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
3. 
Where no more than one nude model is on the premises at any one time.
(2) 
A facility offering massage therapy provided by a massage therapist holding a current certificate from a nationally accredited massage therapy school.
(o) 
Injunction. A person who operates or causes to be operated a sexually oriented business without a valid permit or in violation of this section is subject to an action in equity or a suit for injunction as well as citations for violations of the Zoning Ordinance.
(p) 
Severability. The provisions of this section are severable and, if any section, sentence, or clause be held part or provision hereof shall be held illegal, invalid or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect the remaining sections, sentences, clauses, parts or provisions of this section. It is hereby declared to be the intent of the Town Council that this section would have been adopted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein.
(q) 
Optional procedures for sexually oriented businesses.
(1) 
For a sexually oriented business, the developer shall have the option of submitting a unified special exception and preliminary and final land development application. If this option is chosen by the developer, in addition to all zoning regulations, all rules, regulations and procedures provided in Title V, Land Development and Subdivision Regulations shall govern the application except that the Town Council assigns jurisdiction for preliminary and final approval of the land development to the Zoning Hearing Board.
(2) 
If the developer chooses this option in Title V, the word "Council" shall be replaced with the words "Zoning Hearing Board" except that the Zoning Hearing Board is not granted any legislative rights granted to the Town Council under Article V or under the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247 as re-enacted and amended) hereinafter "MPC".
(3) 
Section 1349.14 Special Exceptions: Conditions Governing Application Procedures and Article 1365 Procedures for Submission of Plats shall apply.
(4) 
Section 1365.04 (d) shall be deleted for this purpose only.
(5) 
Preliminary and Final Land Development and the special exception shall be applied for and reviewed concurrently.
(6) 
The applicant shall agree to an extension of time required by the MPC and by the Town Code for Zoning Hearing Board hearings and plat approvals and to be replaced with the following:
A. 
The Zoning Hearing Board shall commence its meeting within 30 days of receipt by the Zoning Office of a complete application.
B. 
The Zoning Hearing Board shall render its decision within 45 days after the close of its last hearing.
(7) 
If any conflicts arise between this section and Title V (Town Land Development Code), this section shall take precedence.
[Ord. 1258, passed 12-17-2001]
Council may approve Personal Care Homes as a conditional use in an R-6 zoned district in accordance with the following expressed criteria and the imposition of any other reasonable conditions and safeguards Council deems necessary to implement the purposes of this ordinance.
(a) 
Minimum acreage required:
One building and 12 occupants or less: three acres.
Personal care homes - more than 12 occupants: four acres.
(b) 
The applicant, owner, or agent shall observe all applicable Federal and State statutes and regulations and shall be licensed by the State of Pennsylvania.
(c) 
The applicant shall satisfy all applicable laws relevant to the proposed development.
(d) 
Parking shall be one space for each two beds.
(e) 
A dumpster shall be provided and shall be screened mechanically or with landscaping.
(f) 
In addition to bufferyards generally required by Section 1324.02, bufferyard "D" shall be provided between personal care homes and single-family dwelling units or duplexes, except where the plan indicates elements are common to all uses; for example, parking or recreation.
(g) 
The approved plan must contain a statement to the effect that this Personal Care Home will be owned by an individual(s), partnership, organization, corporation, or other single entity, who shall be fully responsible for the construction, operation, management, care of the residents, and permanent maintenance of the building(s), and grounds.
(h) 
A Personal Care Home shall include a common dining and kitchen facility. A retail and service business is permitted for the exclusive use of the residents living in the development.
(i) 
A minimum of 150 square feet for each bed shall be provided for active and passive recreation. The area shall be readily accessible and well maintained.
(j) 
Minimum front, rear and side yard requirements:
Abutting R-1 and R-2 zoning districts and streets abutting such districts
100 feet
Abutting all other zoning districts and/or streets abutting such districts
60 feet
(k) 
When the personal care home is part of an R-6 zoned lot or parcel owned or operated by another group, association or entity, provisions shall be made for the sharing of maintenance of the grounds, roads, parking areas, recreation areas, sewer lines and other common areas and amenities. This maintenance shall be in a form approved by the Town Attorney and Town Council, prior to approval of the conditional use.
[Ord. 1258, passed 12-17-2001]
Council may approve Older Adult Daycare as a conditional use in an R-6 zoned district in accordance with the following expressed criteria and the imposition of any other reasonable conditions and safeguards Council deems necessary to implement the purposes of this ordinance.
(a) 
Older Adult Daycare shall be an accessory use to a housing plan meeting the requirements of the R-6 housing or a Personal Care Home.
(b) 
Parking shall include temporary spaces near the building but shall not interfere with fire lanes.
(c) 
Drop-off areas shall be included in the plan.
(d) 
Parking shall be adequate for all employees.
(e) 
When the Older Adult Daycare is part of an R-6 zoned lot or parcel owned or operated by another group, association or entity, provisions shall be made for the sharing of maintenance of the grounds, roads, parking areas, recreation areas, sewer lines and other common areas and amenities. This maintenance shall be in a form approved by the Town Attorney and Town Council, prior to approval of the conditional use.
[Ord. 1390, passed 9-27-2010]
(a) 
Purpose. It is hereby declared to be the purpose of this chapter to declare Oil and Gas Development a use that may be authorized as a Conditional Use in the following Zoning Districts of the Town: C-2 ("Neighborhood Shopping District") and I ("Institutional District"). The Town of McCandless 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 Town maintains its zoning powers as set forth in the Pennsylvania Municipalities Planning Code ("MPC") and through the Town of McCandless Zoning Ordinance. It is in the Town's best interest to have information concerning oil and gas exploration, development, and production taking place within the Town and to ensure certain security and safety measures related to oil and gas well drilling are in place.
(b) 
Definitions. As used in this section, the following terms shall be interpreted or defined as follows:
NATURAL GAS COMPRESSOR STATION
A facility designed and constructed to compress natural gas that originates from an Oil and Gas well or collection of such wells operating as a midstream facility for delivery of Oil and Gas to a transmission pipeline, distribution pipeline, Natural Gas Processing Plant or underground storage field, including one or more natural gas compressors, associated buildings, pipes, valves, tanks and other equipment.
NATURAL GAS PROCESSING PLANT
A facility designed and constructed to remove materials such as ethane, propane, butane, and other constituents or similar substances from natural gas to allow such natural gas to be of such quality as is required or appropriate for transmission or distribution to commercial markets but not including facilities or equipment that are/is designed and constructed primarily to remove water, water vapor, oil or naturally occurring liquids from natural gas.
OIL AND GAS
Crude oil, natural gas, methane gas, coal bed methane gas, propane, butane and/or any other constituents or similar substances that are produced by drilling a well of any depth into, through and below the surface of the earth.
OIL AND GAS DEVELOPMENT or DEVELOPMENT
The well site preparation, well site construction, drilling, hydraulic fracturing, and/or site restoration associated with an Oil and Gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters and other equipment and structures whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of Oil and Gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of Oil and Gas other than Natural Gas Compressor Stations and Natural Gas Processing Plants or facilities performing the equivalent functions that operate as midstream facilities.
OPERATOR
Any person, partnership, company, corporation and its subcontractors and agents who have an interest in real estate for the purpose of exploring or drilling for, producing, or transporting Oil or Gas.
PROTECTED STRUCTURE
Any structure capable of occupancy including but not limited to a residence, business, school, religious institution, swimming pool, or other public building located within 1,000 feet of the surface location of a well that may be impacted by noise generated from drilling or hydraulic fracturing activity at a Well Site. The term shall not include any structure owned by an oil and gas lessor who has signed a lease with the Operator granting surface rights to drill the subject well or whose owner or occupants have signed a waiver relieving the Operator from implementation of the measures established in subsection (c)(15) hereof for the owners' or occupants' benefit.
TOWN
Town of McCandless, Allegheny County, Pennsylvania.
WELL SITE
A graded pad designed and constructed for the drilling of one or more Oil and Gas wells.
(c) 
Express criteria. The Town of McCandless hereby declares that Oil and Gas Development may be authorized as a Conditional Use in the C-2 ("Neighborhood Shopping District") and I ("Institutional District") in the Town, in accordance with the following express criteria and the imposition of any other reasonable conditions and safeguards that Council deems necessary to protect the health, safety and welfare of the residents of the Town:
(1) 
Operator shall comply with any generally applicable bonding and permitting requirements for Town roads. Any existing Town roads, damaged or worsened in condition by the Operator as determined by the Town shall be repaired by the Operator as required by the Town. Funds for such repairs shall be held either in escrow, bond or letter of credit on an estimate determined by the Town after inspection by the Town of existing conditions of roads, which may be affected by the Operator. If no repairs are necessary, all funds earmarked for existing road/drainage repairs shall be returned to the Operator.
(2) 
Operator shall take the necessary safeguards to ensure that the Town roads utilized remain free of dirt, mud and debris resulting from Development activities and/or shall ensure such roads are immediately swept or cleaned if dirt, mud and debris occur.
(3) 
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, Operator will provide flagmen to ensure the safety of children at or near schools or school bus stops and include adequate signs and/or other warning measures for truck traffic and vehicular traffic.
(4) 
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.
(5) 
Prior to Development, Operator shall provide to the Town's Police Department and Fire Company ("First Responders") and to the Town Zoning Officer, a copy of its Preparedness, Prevention and Contingency ("PPC") Plan. If the PPC requires the availability and/or utilization of special equipment or supplies particular to the hazards or conditions addressed in the PPC, the Town may require that Operator reimburse the Town for the cost of procurement of such special equipment or supplies.
(6) 
Before drilling, the Operator shall ascertain whether the Town's First Responders 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 be provided adequate awareness information. Upon request from the Town, Operator will, prior to 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 at least annually during the period when the Operator anticipates drilling activities in the Town.
(7) 
Operator shall take the necessary safeguards to ensure appropriate dust control measures are in place.
(8) 
Operator shall locate its temporary and permanent operations, when possible, so as to minimize interference with Town residents' enjoyment of their property and future Town 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 direct site lighting downward and inward toward the drillsite, wellhead, or other area being developed so as to minimize glare on public roads and adjacent buildings within 300 feet of the drillsite, 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 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) 
Upon the filing of an Application for Conditional Use under this section, Operator shall provide the following:
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 & 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 Town Zoning Officer a copy of the drilling permit issued by the Pennsylvania Department of Environmental Protection ("DEP"). Operator shall also provide a copy of the recorded subdivision plan or land development plan, as appropriate, indicating the size and location of the proposed drilling area.
(13) 
In addition to the requirements in subsections (c)(1) - (12) 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 warning signs providing notice of the potential dangers at the Well Site.
C. 
Provide at least one security guard at all times (24 hours/day, seven days/week) 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 6:00 a.m.
(15) 
The Town 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 section, 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 Town's Zoning Officer within three business days of such a request from the Zoning Officer.
C. 
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 default level, whichever is higher:
1. 
During drilling activities by more than seven decibels during the hours of 6:00 a.m. to 10:00 p.m.;
2. 
During drilling activities by more than five decibels during the hours of 10:00 p.m. to 6:00 a.m.; or
3. 
By more than 10 decibels during construction, hydraulic fracturing operations.
The Operator shall inform the Town of which level (average ambient noise level or default level) is being used.
D. 
Adjustments to the foregoing 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
Notes:
*
Cumulative minutes during any one hour.
E. 
If a complaint is received by the Town from any person, whether a resident or otherwise using the Protected Structure as defined herein for any lawful purpose, regarding noise generated during construction, drilling or hydraulic fracturing activities, the Operator shall, within 24 hours of receipt of the complaint from the Town, continuously monitor for a forty-eight-hour period at a point which is the closer to the complainant's building of:
1. 
The complainant's Protected Structure property line nearest to the wellsite or equipment generating the noise, or
2. 
One hundred feet from the Protected Structure.
F. 
If the Operator engages in any noise testing as required by this section, it will provide preliminary data to the Town no later than 10 business days following completion of the noise testing. Once the monitoring is complete, Operator will meet with Town 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 non-combustible 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 6:00 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 (c)(15) shall also apply to Natural Gas Compressor Stations and Natural Gas Processing Plants.
[Ord. 1408, passed 12-14-2011]
(a) 
The Town Council may approve the operation of Junkyards as a Conditional Use in C-3 zoned districts, subject to the following conditions:
(1) 
If a Junkyard is to be located adjacent to a federal aid primary highway, it shall comply with all regulations of the Federal Highway Administration and the Pennsylvania Department of Transportation and provide evidence of the same to the Town.
(2) 
Junkyards must have an office building meeting the setbacks within the C-3 district requirements.
(3) 
Junk and Junked Vehicles within a junkyard must be stored in the rear yard.
(4) 
Junk and Junked Vehicles must be screened from the front by a bufferyard G and an eight-foot fence. The fence shall be behind the building and shall contain a gate or gates.
(5) 
Business hours may not exceed 7:00 a.m. to 7:00 p.m. Monday through Saturday.
(6) 
Junkyards shall be located no closer than 50 feet to an existing public right-of-way and 100 feet to any side or rear property line.
(7) 
Junkyards must be enclosed by and maintain an eight-foot solid wood or vinyl fence.
(8) 
A fifty-foot bufferyard H must be in the rear and side yards between the outside of the fence and the property line.
(9) 
No junkyard shall be located on a slope exceeding 12% grade or so situated on a bluff as not to be able to be screened.
(10) 
No Junkyard shall be used as a dumping area for refuse or as a place for the burning or disposal of trash.
(11) 
All materials stored in Junkyards shall be maintained on an impervious surface to minimize the risk of grass fire hazards.
(12) 
A cleared fire lane of no less than 25 feet shall be maintained through or around the perimeter of any Junkyard to facilitate access by firefighting equipment.
(13) 
All hazardous materials shall be stored in approved containers and such storage and disposal shall comply with all federal and state regulations.
(14) 
Junkyards shall not be located within 200 feet of any well, stream, lake or pond.
(15) 
Junk shall not be stacked more than six feet high.
(16) 
All fuel and other liquids shall be drained from any vehicle prior to storage or disposal and any fuel or waste oil shall be stored in approved containers.
(17) 
Stormwater inlets must contain inlet protection to prevent oil and gas from entering the stormwater system.
(18) 
Junkyards shall comply with all regulations of the Pennsylvania Department of Environmental Protection and the Environmental Protection Agency.
(b) 
Junkyards as an Accessory Use to Gas Stations in C-2 and C-3 zoned districts and as an Accessory Use to Motor Vehicle Sales and Service in C-3 zoned districts, are permitted as Conditional Uses subject to the conditions set forth in Section 1340.20(a).
[Added 2-25-2019 by Ord. No. 1485[1]]
The Council may approve a personal storage establishment/facility as a conditional use in a C-6 Zoning District if it conforms to the following express criteria:
(a) 
Access. Ingress or egress shall be from an arterial or collector street. A marginal access street shall be provided if its use will reduce the number of curb cuts on the arterial or collector street as determined by Town Council.
(b) 
Distance from face of building to face of building: 28 feet minimum for units less than 15 feet in depth and 42 feet minimum for units 15 feet or more in depth.
(c) 
Minimum distance from end of building to end of building: 20 feet.
(d) 
Maximum length of building: 200 feet.
(e) 
Maximum facility unit size: 14 feet wide, 40 feet deep, and one story (15 feet) in height. If units are placed back-to-back, the maximum width of the building shall not exceed 40 feet.
(f) 
Minimum driveway width: 24 feet.
(g) 
All driveways shall be paved with an impervious surface.
(h) 
A landscaping plan shall be submitted with the site plan showing the site's buffer area in accordance with § 1337.02(e). The buffer shall exist around the entire perimeter of the site.
(i) 
Six-foot-high fences shall be shall be placed around the perimeter of the site inside of the buffer zone.
(j) 
All outside signs and lighting will be constructed and operated in a manner that will not cause disruptive color alteration or illumination of or otherwise interfere with neighboring properties. Lighting shall not interfere with the surrounding area or distract traffic. The property owner must address any lighting complaints.
(k) 
A fire hydrant shall be provided on site, with its location to be determined by the Town.
(l) 
No storage may take place outside of the building.
(m) 
Personal storage units shall not have water or sanitary sewer service.
(n) 
No signs may be placed on the buildings themselves or their rooftops. Freestanding signs denoting the site shall be the only type of sign permitted.
(o) 
The design of personal storage facilities shall be by a Pennsylvania registered architect.
(p) 
Office space may be provided which does not exceed 5% of the net site area.
(q) 
A caretaker may reside on a portion of the personal storage site.
(r) 
No hazardous materials or substances are permitted in personal storage facilities beyond the allowances of the Building Code or Fire Code. Both the landlord and the tenant of such personal storage facility shall be responsible for the prevention of the storage of hazardous materials or substances in personal storage facilities that would be beyond the allowance of the Building Code or the Fire Code.
[1]
Editor's Note: This ordinance also provided for the renumbering of former § 1341.21 as § 1341.99.
[Added 2-25-2019 by Ord. No. 1485]
The Council may approve a medical marijuana academic clinical research center as a conditional use in an I Zoning District if it conforms to the following express criteria:
(a) 
A medical marijuana academic clinical research center shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval and at all times shall maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be revoked or denied at any time, any Town approval shall immediately become void.
(b) 
A medical marijuana academic clinical research center shall at all times operate in compliance with Act 16 of 2016, 35 P.S. § 10231.101 et seq., as amended, and all Department of Health regulations pertaining to such facilities.
(c) 
A medical marijuana academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the Department of Health.
(d) 
A medical marijuana academic clinical research center must be located in a facility owned and used by an accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this commonwealth.
(e) 
Parking requirements shall be determined pursuant to § 1313.06(b) of the Zoning Code as applied to unlisted uses.
[Added 2-25-2019 by Ord. No. 1485]
The Council may approve a medical marijuana dispensary as a conditional use in an R-C, C-3 or C-4 Zoning District if it conforms to the following express criteria:
(a) 
A medical marijuana dispensary shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval and at all times shall maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be revoked or denied at any time, any Town approval shall immediately become void.
(b) 
A medical marijuana dispensary shall at all times operate in compliance with Act 16 of 2016, 35 P.S. § 10231.101 et seq., as amended, and all Department of Health regulations pertaining to such facilities.
(c) 
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, secure facility within this commonwealth, as approved by the Department of Health and with other features required by the Department of Health. No exterior sales, no outdoor seating, and no drive-through services shall be permitted.
(d) 
A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor except as permitted by the Medical Marijuana Act of 2016 and its amendments.
(e) 
A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or day-care center unless this requirement is waived by the Department of Health.
(f) 
A medical marijuana dispensary shall submit to the Town and Department of Health its system to track the waste, including the name and address of any disposal service.
(g) 
Parking requirements shall be determined pursuant to § 1313.06(b) of the Zoning Code as applied to unlisted uses.
[Added 2-25-2019 by Ord. No. 1485]
The Council may approve a medical marijuana grower/processor as a conditional use in a C-6 Zoning District if it conforms to the following express criteria:
(a) 
The medical marijuana grower/processor must comply with the following criteria imposed on other commercial uses:
(1) 
§ 1341.21(a) (street access).
(2) 
§ 1341.21(f) (driveway width).
(3) 
§ 1341.21(h) (landscape plan/buffer).
(4) 
§ 1341.21(i) (fencing).
(5) 
§ 1341.21(j) (lighting).
(6) 
§ 1341.21(l) (no outside storage).
(b) 
A medical marijuana grower/processor shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval and at all times shall maintain a valid, accurate, and up-to-date registration with the Department of Health. Should registration be revoked or denied at any time, any Town approval shall immediately become void.
(c) 
A medical marijuana grower/processor shall at all times operate in compliance with Act 16 of 2016, 35 P.S. § 10231.101 et seq., as amended, and all Department of Health regulations pertaining to such facilities.
(d) 
A medical marijuana grower/processor shall only grow, store, harvest or process medical marijuana in an indoor, enclosed, secure facility, which includes electronic locking systems, electronic surveillance and any other features required by the Department of Health.
(e) 
A medical marijuana grower/processor shall only provide wholesale products to medical marijuana dispensaries. Retail sales and dispensing of medical marijuana and related products is prohibited at a medical marijuana grower/processor.
(f) 
A medical marijuana grower/processor shall submit to the Town and the Department of Health its system to track the plant waste resulting from the growth of medical marijuana or other disposal, including the name and address of any disposal service.
(g) 
Parking requirements shall be determined pursuant to § 1313.06(b) of the Zoning Code as applied to unlisted uses.
[Ord. 1408, passed 12-14-2011]
(a) 
Other types of land uses, not specifically identified, regulated or recognized within the Planning and Zoning Code, may evolve or become commonly acceptable as a reasoanble use within the Township. It is the purpose of this section to provide for all reasonable and appropriate land uses and to establish a mechanism for the inclusion of such land uses within the Township.
(b) 
All undefined or other reasonable land uses that are not otherwise regulated by the Planning and Zoning Code shall be considered a Special Exception use in its zoning district as determined by the Zoning Hearing Board.