Applications for conditional uses, when listed as permissible
by this chapter, shall be approved or denied by the Borough Council
in accordance with the standards and criteria of this article. These
standards shall be in addition to all other applicable requirements
of this chapter.
A.
Application content. Applications for conditional uses shall be submitted
to the Zoning Officer in the form prescribed by the Borough. Such
materials shall include the following:
(1)
Existing conditions on the property, from a current survey prepared
by a registered land surveyor or professional engineer, showing, where
applicable:
(a)
The lot size in square feet, boundary by bearings and distances.
(b)
Abutting streets, including right-of-way width, pavement width,
paving materials, curbs and sidewalks.
(c)
Sanitary sewers, storm sewers and water lines to serve the property,
including line sizes, invert and top elevations of manholes, hydrants
and storm drainage controls.
(d)
Gas, electric and telephone lines and poles.
(e)
Easements across the property by width and use.
(f)
Topography at two-foot contour intervals for the property and
within 50 feet of the perimeter of the property.
(g)
Existing structures on the property, including walls, buildings
and trees over twelve-inch caliper.
(h)
The names of owners of record of adjacent properties.
(i)
The names of owner or owners of property for which the conditional
use is sought and names of developer or developers if different from
owner.
(j)
The North arrow, date of survey, graphic scale and seal of engineer
or surveyor preparing the survey.
(2)
Proposed plan, which may be combined with the survey, showing where
applicable:
(a)
The number of dwelling units or square footage of nonresidential
space to be developed by floor, building and total.
(b)
The location of proposed structures with dimensions of each
structure and distances between structures and between structures
and lot lines.
(c)
The proposed access to the lot, interior circulation for vehicles
and pedestrians, parking and loading areas, walkways, including grades
of paved areas, proposed construction, width and number of spaces
in parking areas.
(d)
The proposed connection to public sanitary sewage and water
supply system or the proposed extension of such systems into the property
to serve the structure or structures.
(e)
The proposed storm drainage system, designed in accordance with § 158-30, including connection to a point of existing storm sewer system, pipe size and methods of collecting surface, roof and paved area runoff.
(g)
The proposed screening and landscaping, as required by this
chapter, and methods or preserving natural site conditions on any
part of the property not occupied by structures or paving.
(3)
A proposed construction schedule shall be submitted, showing anticipated
start and completion dates for all structures and site improvements.
(4)
The Borough Council may require additional materials where necessary
to determine compliance with the provisions of this chapter. At its
discretion, upon request of the applicant, the Council may waive parts
of the submission requirements where they are obviously irrelevant.
B.
Review procedure.
(1)
Upon receipt of the application, the Zoning Officer shall review for completeness (in terms of Subsection A) and compliance with the literal terms of this chapter. If any deficiencies are noted, the applicant will be notified within seven working days of submission. The stated review period for an application shall not commence until the application is determined to be complete by the Zoning Officer. If the applicant wishes to request a variance to any provision, an application for a hearing before the Zoning Hearing Board may be made at the same time as the conditional use application.
(2)
Within three working days of the submission of a complete application,
the Zoning Officer shall forward copies to the Planning Commission
and the Council. The Planning Commission shall review it at its next
regular or special meeting and shall submit its comments, in writing,
to the Council within 30 days of the date that the Commission received
the application.
(3)
Review of application.
(a)
The Council shall hold a public hearing, pursuant to public
notice, on the application. The Borough Council shall act to approve
or deny the application within 75 days of the date on which a complete
application was filed.
(b)
Within 10 days of approving or denying the application, the
Council shall provide the applicant with a written decision, identifying
the reasons for its determination and making reference to the facts,
ordinance provisions, rules or regulations upon which the Council
based its decision. In approving an application, the Council may impose
reasonable conditions and safeguards which it determines necessary
to accomplish the objectives of this chapter.
(c)
Where the Council fails to render a decision within the seventy-five-day
period, the application shall be deemed to be approved, unless an
extension of time has been agreed to by the applicant.
C.
Revocation of approval. The approval of a conditional use application
shall be valid for a period of 12 months from date of approval. If,
within this period, the zoning permit has not been issued, then the
conditional use approval shall be revoked, and the applicant must
reapply for conditional use approval. One extension of up to six months
may be granted by the Borough Council where the applicant can show
good cause for the delay.
Before approving a conditional use application, the Council
shall determine that the proposed use will not alter the established
character and use of the neighborhood or district in which it is located
and that it will not impair substantially the use or development of
adjacent properties. The Council shall use the following general standards,
among other things, in its evaluation.
A.
The proposed use complies with all applicable provisions and requirements
for the type of use contained in this chapter, unless a variance to
any provision has been granted by the Zoning Hearing Board, and with
other applicable Borough, county and commonwealth ordinances, laws
and regulations.
B.
The proposed use is in substantial conformity with the Borough's
Comprehensive Plan and land use plan update, and it is compatible
with the surrounding land uses. The use does not have a negative impact
on the existing neighborhood or development in terms of air and water
quality, noise, potential hazards, illumination and glare and restrictions
to natural light and circulation.
C.
The proposed site for the conditional use is suitable in terms of
topography and soils conditions and size, based on the number of projected
users and the frequency of use of the proposed use.
D.
The proposed use and site provides for safe, adequate vehicular and
pedestrian access. It has access from a street capable of handling
the traffic generated by the proposed use, and it will not result
in undue traffic congestion and hazardous conditions on adjacent streets.
The use provides for safe, efficient internal circulation and sufficient
off-street parking and loading.
E.
The proposed use complies with all applicable standards and requirements
for providing sanitary sewage disposal, water supply, stormwater management,
prevention or erosion and sedimentation and solid and toxic waste
storage and disposal.
F.
The proposed use provides screening and/or buffer areas as required
by this chapter.
G.
The proposed use/development conforms to the scale, character and
exterior appearance of existing structures and uses in the neighborhood
in which it is located.
For the types of uses identified in this section, the Council
shall also determine that the proposed use complies with these standards,
in addition to applicable requirements contained in other articles
of this chapter.
A.
Public and semipublic uses shall be as follows:
(1)
Churches and similar places of worship.
(a)
Religious developments shall have principal access only to streets
with a right-of-way width of 40 feet or more.
(b)
Vehicular access points shall be as remote from street intersections
as possible. Where it deems necessary, the Council may require the
preparation of a traffic study by a professional engineer experienced
in traffic analysis and design to determine the potential traffic
impacts of the proposed use and measures required to alleviate any
traffic problems.
(c)
Parking areas shall be screened from adjacent residential areas in accordance with § 158-26 of this chapter.
(d)
Areas of the property not occupied by structures, or paved,
shall be landscaped and maintained.
(e)
Where living accommodations in the form of group quarters for
members of religious orders are an accessory use of the development,
such accommodations shall not provide for more than 12 individuals
for each 20,000 square feet of lot area or fraction thereof.
(2)
(3)
Public utility uses and structures.
(a)
The location of such uses and structures shall comply with the
applicable district and supplemental regulations of this chapter except
where required by the safety or operating characteristics of the facility;
any variance shall be that which will be the least disruptive to present
and future development of the affected area.
(b)
The visual impact of such structures and facilities shall be
reduced to a minimum consistent with the safe operating requirements
of the facility. Landscaping and screening in accordance with the
provisions of this chapter shall be provided to the maximum extent
feasible.
(c)
All uses or structures shall comply with applicable county and
commonwealth laws and regulations for the construction and use of
such facilities.
B.
Residential uses shall be as follows:
(1)
Multifamily dwellings, townhouses.
(a)
Multifamily dwellings with more than five units shall have principal
access only to streets with a right-of-way width of 40 feet or more.
Developments with multiple principal structures shall have access
to at least two such streets.
(b)
No multifamily building shall exceed 120 feet along any building
face.
(c)
No structure within a multifamily development shall be located
within 25 feet of any lot line or any principal structure on an abutting
property. Any structure over 35 feet in height shall be set back from
any lot line a distance of one additional foot for each two feet in
height over 35 feet.
(d)
For a development with more than one principal building, the
following minimum dimensions shall be maintained between adjacent
buildings:
[1]
Side (or end) walls face each other, but neither contains dwelling
windows: 20 feet.
[2]
Side (or end) walls face each other and contain dwelling windows:
25 feet.
[3]
Side (or end) wall of one building faces front or rear wall
of adjacent building: 30 feet.
[4]
Front or rear walls face each other: 40 feet.
(e)
Required parking and loading shall be provided in accordance with §§ 158-26 and 158-27. Access drives to the development shall be at least 18 feet in width and shall be located at least 20 feet from adjacent street intersections. Access drives and parking areas shall be paved and curbed. At no point shall parking area surfaces exceed a slope of 6%.
(f)
Where service or parking access is provided in whole or in part
via an alley at the rear or side of the property, such alley shall
be improved with a paved surface in accordance with Borough requirements
and shall extend through to all cross streets.
(g)
All public utility installations shall enter the property and
be maintained underground.
(h)
An area of at least 100 square feet in area for each dwelling
and an additional 75 square feet for each bedroom in excess of one
in any dwelling shall be provided for recreational use for the residents
of the dwellings. Recreational use may be provided outdoors, within
the building or buildings or on a flat roof improved for such purpose,
or any combination of these. Recreation areas shall be designed, equipped
and maintained by the property owner.
(i)
All areas of the property not occupied by buildings or paved
areas shall be landscaped with suitable materials and maintained by
the property owner.
(2)
Residential conversions.
(a)
One and one-half off-street parking spaces must be provided
for each dwelling unit.
(b)
No individual dwelling unit shall contain less than 600 square
feet of floor area and shall include kitchen and bath facilities.
(c)
There shall be at least two means of egress to the outside or
via a common hallway to the outside from each apartment.
(d)
Each unit shall have heat capable of maintaining a temperature
of 70° F. while the outside temperature is 0°.
(e)
Ventilation shall be supplied in each unit capable of a complete
air change twice per hour continuously, or the operable sash area
in the dwelling unit equals or exceeds in area 1/20 of the total floor
area.
(g)
No dwelling unit shall be located in a basement or cellar which
is wholly below grade, and no separate unit shall be located on the
third floor of a wood-frame building.
(h)
The conversion shall not result in making the structure nonconforming
as to lot area and dimensional requirements for the district in which
it is located.
(3)
Multifamily dwellings in a commercial building.
(a)
Such dwellings may be located in the upper floors of a commercial
building in the C-1 District only.
(b)
The principal access to the dwelling units shall be on the ground
floor of the building; secondary access for fire escapes may be provided
via upper floor entries.
(d)
One off-street parking space shall be provided for each dwelling
unit. Parking spaces may be provided on the same property as the dwelling
units or within 200 feet of the principal entrance of the dwellings,
provided that the property is held under the same ownership and a
deed restriction is filed to assure its continued use for parking
as long as the dwelling exists.
(4)
Group residences and personal care boarding homes.
(a)
Group residences and personal care boarding homes are allowed only in the zoning districts where listed as conditional uses in Article III of this chapter.
(b)
In order to prevent the concentration of group residences or
personal care boarding homes in a neighborhood and to avoid impacting
existing residences, no such facility may be located within the same
block or within 2,000 feet, whichever is more, of a like facility
or a nursing or convalescent home.
(c)
Off-street parking requirements for a single-family home shall
apply, provided that at least one space is provided for each staff
member and employee, based on the peak shift, and one space per two
residents where the facility includes residents capable of operating
a motor vehicle. Parking shall be provided on the same lot on which
the group residence or boarding home is located.
(d)
Minimum lot area, yard setback and structural heights shall
be as prescribed in the district where the property is located, unless
otherwise stated herein.
(e)
Change of ownership or of any other condition contained in the
original approval of the group or personal care boarding facility
shall constitute a new use, and the procedure for obtaining conditional
use approval of a new facility shall be executed.
(f)
The owner of the group residence or personal care boarding home
shall obtain any required licenses or certifications from the appropriate
commonwealth or county agency prior to the conditional use approval.
In no case shall an occupancy permit be granted for the facility until
proof of such licenses or certifications has been filed with the Borough.
(g)
If the facility is one which is licensed by a governmental agency
or an agent of government, a current license from the appropriate
agency(ies) is necessary for initial and continued approval. Suspension
or revocation of the license shall revoke the conditional use approval.
A new conditional use application will be required to continue operation.
(h)
The facility must comply with all applicable building, fire
and safety codes and obtain necessary approvals/permits from the Pennsylvania
Department of Labor and Industry.
C.
Nonresidential uses shall be as follows:
(1)
Amusement arcades. No video game or amusement arcade, as defined
by this chapter,[2] shall be located within 500 feet of a public or private
school, church, public recreation area, public building, medical building
or establishment licensed by the Pennsylvania Liquor Control Board.
This distance shall be measured from the entrance/exit of the facility
in the most direct line or route on, along or across the street adjacent
to the facility to any school, church, medical building, recreation
area or residential zone.
(2)
Day-care centers, private schools for preprimary-age children.
(a)
The operator of the day-care center or school shall obtain the
required licenses and approvals from the appropriate commonwealth
agencies prior to approval of the conditional use application and/or
the occupancy permit.
(3)
Gasoline service stations.
(a)
All storage of gasoline and other flammable liquid shall occur
in well-vented tanks below grade, except for storage of minor supplies
in containers no larger than five gallons' capacity. Storage
facilities shall be maintained according to applicable requirements
of the Borough Fire Code[3] and other Borough, county and commonwealth laws.
(b)
Access to the property shall be limited to two drives, each
no more than 35 feet in width. Access driveways to the service station
shall be at least 40 feet from the intersection of any public streets,
measured from the intersecting street right-of-way lines and the nearest
edge of the access drives.
(c)
Fuel pumps, air towers and water outlets may be located outside
an enclosed building, provided that these facilities are located within
the required setback lines for the zoning district.
(d)
Inspections, lubrication, oil changes, tire changes, automobile
washing and similar minor repairs are permitted if conducted entirely
within an enclosed building.
(e)
All automobile parts and supplies shall be stored within a building,
except that automotive supplies may be displayed for sale at the fuel
pump and at a distance no greater than five feet from the pumps.
(f)
All refuse shall be stored in compliance with the Borough and
county fire codes and other applicable ordinances.
(g)
No vehicle shall be parked or stored on a public right-of-way
or property at any time. Vehicles awaiting repairs may be parked or
stored on the premises, provided that they do not exceed the number
of available off-street parking spaces for the service station. Damaged
vehicles or those without a current registration shall not be stored
on the property for more than one week, except in a building or within
an area enclosed by a solid fence of at least six feet in height.
(h)
Rental of automobiles, vans (less than 20 feet long) or utility
trailers is an authorized accessory use, provided that no more than
three vehicles are visible on the premises at any time.
(j)
The entire surface shall be paved with a permanent all-weather
surface edged with a curb, excluding required landscaped areas.
(4)
Hotel/motel/inn.
(a)
Such facilities may include a restaurant providing for dining facilities to serve both overnight guests of the hotel and the general public. If a restaurant is provided, it must provide off-street parking as required by § 158-26 of this chapter, in addition to the parking required for the hotel/motel.
(b)
Areas not occupied with buildings and parking areas shall be
completely landscaped and planted with lawns, ornamental trees and
shrubs.
(c)
No buildings shall be set closer than 50 feet to the front,
side and rear lot lines.
(d)
There shall be not less than 800 square feet of lot area for
each sleeping unit. The minimum lot area for a hotel, motel and inn
shall be one acre.
(e)
Sleeping units shall contain a bedroom and bath and have a floor
area of not less than 250 square feet.
(f)
If the lot upon which a hotel is erected abuts a residential
district, it shall be screened by well-maintained landscaping not
less than six feet nor more than 10 feet high or an ornamental fence
within the same height limitations, the ratio of the solid portion
to the open portion of which shall not exceed three to one (3:1).
(g)
The facility shall have access from a public street of sufficient
size and capacity to accommodate the projected traffic. If any road
improvements or traffic signals are required to an existing public
road as a result of the proposed hotel, the hotel owner or developer
shall bear the cost of any such improvements.
(5)
Nursing/convalescent home.
(a)
The facility shall be licensed by the commonwealth and obtain
all necessary approvals from regulatory agencies and accreditation
organizations. Documentation of such approvals shall be submitted
to the Borough prior to the issuance of the occupancy permit.
(b)
No nursing or convalescent home shall be located within 1,000
feet of any other like facility or a group residence or personal care
home.
(c)
The facility must comply with all applicable building, fire
and safety codes and obtain necessary approvals/permits from the Pennsylvania
Department of Labor and Industry.
(d)
The facility shall provide all required off-street parking and
loading spaces on the same zoning lot on which it is located.
(6)
Shopping centers.
(a)
A "shopping center" is a building or group of buildings designed
as a unified complex, containing a variety of retail and service businesses.
(7)
Outdoor retail sales.
(a)
Only businesses involving sales of nursery stock, gardening
equipment and/or supplies, sales and service or recreational vehicles
or swimming pool components and supplies are permitted.
(b)
Sales or service of used motorcycles, heavy commercial vehicles,
mobile homes, heavy construction equipment or similar items shall
not be permitted.
(c)
A permanent structure for office use, servicing of items sold
on the premises and/or display and storage of small merchandise available
for sale shall be built or have been built on the property before
the business opens. Structures shall comply with the applicable area
and dimensional requirements of the zoning district. No structure
or outdoor display area shall be located within 10 feet of any street
right-of-way.
(d)
Display areas shall be paved with a permanent all-weather surface,
and areas not utilized for display shall be landscaped. No outdoor
accumulation of discarded or damaged materials shall be permitted.
(e)
Any lighting for the outdoor retail area shall be from an indirect
source, which shall not be visible from adjacent streets or properties.
(8)
Vehicular repair garages.
(a)
All repair services shall be conducted within an enclosed building
which complies with Pennsylvania Department of Labor and Industry
regulations for such uses.
(b)
All vehicular parts and supplies shall be stored within an enclosed
building.
(c)
All refuse must be stored in compliance with Borough and county
fire codes and other applicable ordinances.
(d)
No vehicle shall be parked or stored on a public right-of-way
or property at any time. The number of nonoperable vehicles or those
awaiting repairs which are parked or stored outdoors at any time shall
be limited to the number of off-street parking spaces provided by
the garage.
(9)
Manufacturing uses, research laboratories.
(10)
Supply yards.
(a)
The minimum lot area for a supply yard shall be one acre.
(b)
There shall be no exterior storage of any materials or equipment
within 15 feet of any front lot line or within 10 feet of any side
or rear lot line.
(c)
Any structures for the supply yard shall comply with the applicable
area and dimensional requirements of the zoning district.
(11)
Salvage yards.
(a)
The minimum lot area for a salvage yard shall be two acres.
(b)
Any structures for the salvage yard shall comply with the applicable
area and dimensional requirements of the zoning district.
(c)
There shall be no exterior storage of any materials or equipment
within 25 feet of any front lot line or within 15 feet of any side
or rear lot line.
(d)
The entire perimeter of the salvage yard shall be fenced with a solid fence, a planted screen, or a combination of both, seven feet in height, which complies with the provisions of § 158-23 of this chapter. The owner or operator of the salvage yard shall be responsible for maintaining the fence or screen in good repair and condition.
(12)
Allegheny River-oriented uses (RD Districts).
(a)
The proposed use shall be capable of meeting applicable commonwealth
and federal standards for river usage and the Borough's floodplain
regulations. The applicant shall submit copies of these governmental
agency review and approvals.
(b)
The use, to the maximum extent feasible, shall provide or maintain
public access to the river.
(c)
The use shall not construct, install or locate any structure
or facility which blocks the view of, or restricts access to, the
river by another existing use.
(d)
All uses shall endeavor to preserve and maintain the natural
features and vegetation of the riverfront area.
(e)
Suitable landscaping shall be provided for all areas not covered
with buildings, parking areas, driveways and other impervious surfaces.
The Council may attach additional landscaping requirements during
the review of the conditional use application.
(f)
Suitably improved accessways (streets, walkways, etc.,) shall
be provided. The Council may assess the applicant a proportional share
of the cost for the improvement of any public right-of-way.
(g)
A riverfront use may place a directional sign, not exceeding
two square feet, along Freeport Road (Pittsburgh Street), indicating
the access to the use. Documentation of the approval of the property
owner where the sign is to be located must be submitted with the conditional
use application.
[Added 3-18-1997 by Ord.
No. 707-C]
A.
ANTENNA HEIGHT
ANTENNA SUPPORT STRUCTURE
CELL SITE
COMMUNICATION TOWER
Definitions.[2] As used in this section, the following terms shall have
the meanings indicated:
The vertical distance measured from the base of the antenna
support structure at the grade to the highest point of the structure.
If a support structure is on a sloped grade, then the average between
the highest and lowest grade shall be used in calculating the antenna
height.
Any pole, telescoping mast, tower, tripod or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
A tract or parcel of land that contains a cellular phone
antenna, its support structure, accessory building(s) and parking,
and it includes other uses associated with and ancillary to cellular
phone transmission.
A structure, typically a steel tower, whose principal use
is to be utilized for public or private communication purposes and
owned and/or operated by a private corporation or a communication
corporation or utility regulated by the Federal Communications Commission
most often associated with personal communication service. Communication
towers shall be considered to be a different and distinct use from
a radio or television antenna not permitted as accessory uses but
considered to be a principal use of a parcel of ground.
B.
Use regulations.
(1)
A cell site with antenna that is attached to an existing communications
tower, smokestack, water tower or other tall structure is permitted
as a conditional use in Zoning District Industrial. The height of
the antenna shall not exceed the height of the existing structure
by more than 10 feet. If the antenna is to be mounted on an existing
structure, a full site plan shall not be required.
(2)
A cell site with antenna that is either not mounted on an existing
structure or is more than 10 feet higher than the structure in which
it is mounted is only permitted as a conditional use in zoning districts
designated.
(3)
All other uses ancillary to the antenna and associated equipment
(including a business office, maintenance depot, vehicle storage,
etc.) are prohibited from the cell site unless otherwise permitted
in the zoning district in which the cell is located.
C.
Standards of approval.
(1)
The cellular phone company is required to demonstrate, using
technological evidence, that this antenna must go where it is proposed
in order to satisfy its function in the company's grid system.
(2)
If the cellular company proposes to build a tower (as opposed
to mounting the antenna on an existing structure), it is required
to demonstrate that it contacted the owners of tall structures within
a one-fourth-mile radius of the site proposed, asked for permission
to install the antenna on those structures and was denied for reasons
other than economic ones. This would include smokestacks, water towers,
tall buildings, antenna support structures of other cellular phone
companies, other communications (fire, police, etc.) and other tall
structures. The Borough may deny the application to construct a new
tower if the applicant has not made a good-faith effort to mount the
antenna on an existing structure.
(3)
Antenna height. The applicant shall demonstrate that the antenna
is the minimum height required to function satisfactorily. No antenna
that is taller than this minimum height shall be approved.
(4)
Setbacks from the base of the antenna support structure. If
a new antenna support structure is constructed (as opposed to mounting
the antenna on an existing structure), the minimum distance between
the base of the support structure or any guide-wire anchors and any
property line shall be the largest of the following:
(5)
The communication tower must be erected to comply with manufacturer
requirements and accepted engineering standards.
(6)
The width of the base of the communication tower shall be no
more than 14 feet at the ground level. At 100 feet (if not the top),
the maximum width shall be six feet. At the top, the maximum width
shall be two feet six inches. All support devices shall, where possible,
be guide wires or metal lattice. The signs or other structures, devices
or other items shall be placed on the communication tower.
(7)
The communication tower shall be securely anchored in a fixed
location on the ground, and the applicant shall provide qualified
documentary evidence that the proposed structure will withstand wind,
snow, ice and other natural forces. The applicant shall also demonstrate
that the proposed antenna and support structure are safe and the surrounding
areas will not be negatively affected by support structure failure,
electromagnetic fields or radio frequency.
(8)
The communication tower or the yard area containing the communication
tower shall be protected and secured to guarantee the safety of the
general public. Fencing (which must comply with the applicable provisions
of this chapter) or installation of anti-climbing safety devices will
be required at a minimum to demonstrate compliance with this subsection.
Associated supports and guide wires shall not be located within the
required setbacks.
(9)
The applicant shall submit a site plan of the property certified
by an engineer or architect, and a survey certified by a registered
surveyor.
(10)
Only one communication tower may be permitted per lot.
(11)
The communication tower will not adversely affect property values
in the neighborhood (and in particular, each adjacent property) by
more than 10%.
(12)
The communication tower in its operation will not endanger the
health, safety and welfare of the public and, more specifically, evidence
that the communication tower, its operation and the expected output
frequency, modulation, radiated power, etc., will not cause health
problems is to be provided to the Borough and Planning Commission.
(13)
The applicant will submit a copy of his or her FCC license.
Any grant of conditional use hereunder will automatically lapse if
said license ever expires or lapses.
(14)
All lighting, other than that required by the Federal Aviation
Administration (FAA), shall be shielded and reflected away from adjoining
property.
(15)
A fence shall be required around the antenna support structure
and other equipment unless the antenna is mounted on an existing structure.
The fence shall be a minimum of eight feet in height.
(16)
Landscaping shall be as necessary for proper screening as determined
by the Planning Commission.
(17)
In order to reduce the number of antenna support structures
needed in the community in the future, the proposed support structure
shall be required to accommodate other users, including other cellular
phone companies and police, fire and ambulance companies.
(18)
Antenna support structures under 200 feet in height should be
painted silver or have a galvanized finish retained in order to reduce
the visual impact. Support structures shall be painted green up to
the height of nearby trees. Support structures 200 feet in height
or taller or those near airports shall meet all Federal Aviation Administration
regulations. No antenna support structure may be artificially lighted
except when required by the FAA.
D.
Additional standards. In addition to the foregoing, the following
standards shall also apply to communication towers and the applications
for conditional uses:
(1)
All conditional uses approved under this section will automatically
lapse if not used for six continuous months. In such a case, all portions
of the communication tower will be taken down as soon as possible.
The party responsible for erecting such tower will be responsible
for all the costs associated with the removal.
(2)
Inspections.
(a)
The Borough Council will require periodic inspections of communication
towers to ensure structural integrity. Such inspections will be required
as follows:
(b)
Inspections shall be conducted by an engineer licensed by the
State of Pennsylvania. The result of such inspections shall be provided
to the Borough. Based upon results of an inspection, the Borough may
require repair or removal of a communication tower. The facilities
which are erected to maintain the communication tower may not include
offices, long-term vehicle storage, other outdoor storage or broadcast
studios, except for emergency purposes, or other uses that are not
needed to send or receive transmissions.
(3)
Equipment in a transmission facility shall be automated to the
greatest extent possible to reduce traffic and congestion. The applicant
shall describe anticipated maintenance needs, including frequency
of service, personnel needs, equipment needs and traffic, noise or
safety impact of such maintenance. Where the site abuts or has access
to a collector and local street, access for maintenance vehicles shall
be exclusively by means of the collector street.
(4)
When lighting is required and permitted by the Federal Aviation
Administration or other federal or state authority, it shall be oriented
inward so as not to project onto surrounding property.
(5)
Prior to the site plan certification, the applicant shall provide
documentation that the proposed communication tower has been reviewed
and is not determined to be a hazard by the FAA or the Allegheny County
Department of Aviation. The ACDA shall review the communication tower
application to determine if it is a hazard to any FAA flight paths.
[Added 12-16-1997 by Ord.
No. 712-C]
A.
Purpose. It is the intent of this section to minimize and control
the effects of adult entertainment establishments upon the quality
of life of the neighborhood in which such establishment may be located.
It is the desire of the Borough to protect and maintain the health,
safety and general welfare of its citizens and to preserve the property
values and characteristics of surrounding neighborhoods.
B.
No adult entertainment establishment shall be located outside the commercial districts, in which such uses are a conditional use, subject to the requirements of Article VI of Chapter 158 of the Code of the Borough of Cheswick. The following businesses are included in the adult entertainment establishment classification:
C.
ADULT ARCADE
ADULT BOOKSTORE OR VIDEO STORE
(1)
(a)
(b)
(2)
ADULT CABARET
(1)
(2)
(3)
ADULT MOTEL
(1)
(2)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ESCORT
ESCORT AGENCY
MASSAGE ESTABLISHMENT
NUDE; NUDITY; STATE OF NUDITY
NUDE MODEL STUDIO
PERMITTEE; LICENSEE
PERSON
SEMINUDE
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
(4)
(5)
STRIP TEASE
SUBSTANTIAL ENLARGEMENT
Definitions.[1] The specific terms used for the purpose of this section
are defined as follows:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically 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.
Any commercial establishment which, as its principal business
purposes, offers for sale or rental, for any form of consideration,
any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, videocassettes or reproductions, slides or
other visual representations which depict or describe specified sexual
activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A restaurant, nightclub, bar or similar commercial establishment,
whether or not licensed to sell and serve alcoholic beverages, which
regularly features:
Performers, employees, independent contractors or other persons
who at any time appear nude or seminude; or
Live performances which are characterized by the exposure of
or exhibition of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas and which,
if not licensed to sell and or serve alcoholic beverages, allows or
permits patrons to bring alcoholic beverages into the establishment
or which provides alcoholic beverages to patrons with or without charge.
Any hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, 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; and
Offers sleeping rooms for rent, four or more times in one calendar
year, during five or more calendar days in any continuous thirty-day
period.
Any commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes or other photographic reproductions
are shown on a regular, continuing basis, which are rated "X" by the
Motion Picture Association of America, or its successors, or which
are advertised as "X," "XX," or "XXX" or which are predominately characterized
by the depiction or description of specified sexual activities or
specified anatomical areas. Any commercial establishment where, for
any form of consideration, films, motion pictures, videocassettes
or other photographic reproductions are shown on a regular, continuing
basis which are rated "R" or "NC-17" by the Motion Picture Association
of America, or its successors, shall not be defined as an adult motion-picture
theater.
Any 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.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
Any person or business association who furnishes or offers
to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration. Any person,
partnership, corporation or agency that furnishes adult or child day
care as its principal business shall not be defined as an escort agency.
Any establishment or business which provides the services
of massage and/or body manipulation, including exercise, heat, light
treatment, water treatment of the body and all forms and methods of
physiotherapy unless operated or supervised by a medical practitioner,
including a medical doctor, doctor of osteopathy, chiropractor or
a physical therapist licensed by the Commonwealth of Pennsylvania.
The appearance of a bare human buttock, anus, male genitals,
female genitals or female breast.
Any place where a person who appears in a state of nudity
or who 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.
A person in whose name a permit and/or license to operate
an adult entertainment establishment has been issued, as well as the
individual listed as an applicant on the application for a permit
and/or license.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A state of dress in which clothing covers no more than the
genitals of male performers or no more than the genitals, pubic region
and areola of female performers, as well as portions of the body covered
by supporting straps and devices.
Any business or commercial enterprise that, as one of its
primary business purposes, offers for any form of consideration:
Any adult arcade, adult bookstore, adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, massage establishment, nude model studio or sexual
encounter center.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence;
Actual or simulated sexual intercourse, oral copulation, anal
intercourse, sodomy or other sexual acts;
Masturbation, actual or simulated; or
The act of removing one's clothing in front of an audience
or a person, usually item by item.
Any increase of the floor area occupied by an adult entertainment
establishment, or more than 25% as the floor area existing on the
date of enactment of this section.
D.
Permits required.
(1)
No person may operate an adult entertainment establishment without
a valid permit issued by the Borough of Cheswick.
(2)
An application for an occupancy permit to operate an adult entertainment
establishment must be made to the Borough as provided for in this
section in addition to any other permits required by this chapter
or any other ordinances of the Borough. Application for an occupancy
permit may be made only after the Borough Council has approved the
adult entertainment establishment as a conditional use.
E.
Location requirements.
(2)
No adult entertainment establishment shall be located within
400 feet of a school bus stop.
(4)
No adult entertainment establishment shall be located within
1,000 feet of another adult entertainment establishment.
(5)
The distance between any two adult entertainment establishments shall be measured in a straight line, regardless of intervening structures. The distance between an adult entertainment establishment and a use identified in Subsection E(3) above shall be measured in a straight line from the closest point on the exterior parcel line of the use to the closest exterior lot line of the adult entertainment establishment.
F.
Visibility from street. No person operating an adult entertainment
establishment shall permit or cause to be permitted any stock-in-trade
which depicts, describes or relates to specified sexual activities
and/or specified anatomical areas, as defined herein, to be viewed
from the street, sidewalk or highway.
G.
Signage. No person shall place or cause to be placed or maintained
in such a location as can be viewed by persons on any public street
any sign or signs, photographic, pictorial or other graphic representation,
that depict, in whole or in part, any specified sexual activity and/or
specified anatomical area.
[Added 5-19-1998 by Ord.
No. 714-C]
A.
Purpose. It is the desire of the township to protect and maintain
the health, safety and general welfare of its citizens and to preserve
the property values and characteristics of surrounding neighborhoods.
C.
DRUG OR ALCOHOL TREATMENT FACILITY
Definitions.[1] The specific terms used for the purpose of this section
are defined as follows:
Any business, entity or other facility that exclusively or primarily provides treatment of alcohol and/or drug abuse or addiction. This includes medical, psychiatric or psychological treatment and/or individual or group counseling, either on an inpatient or outpatient basis. This includes facilities operated by for-profit businesses, not-for-profit entities, including taxable or tax-exempt entities, private businesses, corporations, partnerships, unincorporated associations or individuals and government agencies, but does not include medical office or clinic, as defined in § 158-7 of the Code of the Borough of Cheswick.
D.
A drug or alcohol treatment facility is a conditional use in the commercial district and an application for such conditional use shall be as prescribed by Article VI of Chapter 158 of the Code of the Borough of Cheswick. An application for an occupancy permit for a drug or alcohol treatment facility may be made only after the Borough Council has approved the drug or alcohol treatment facility as a conditional use.
