The purpose of this Part is to place restrictions on specific Uses. These restrictions are applied to mitigate impacts
including noise, off-site parking, traffic, unsightliness, odors,
dust, and fumes. The regulations promote the public health, general
safety and neighborhood character of the immediate neighborhood and
the larger community.
Ancillary Garage or Parking Lots shall be subject
to the following additional requirements:
602.1.
Ancillary Garage or Parking
Lots shall only be allowed in the district where the Principal Use is located or a less restrictive District.
602.2.
Ancillary Garage or Parking Lots shall be subject to all the provisions of §20-817 Off-Street Parking.
602.3.
Ancillary Garage or Parking Lots shall be used
exclusively for parking of passenger Vehicles.
602.4.
Ancillary Garage or Parking Lots shall be equipped
and controlled to discourage illegal parking, vandalism and other
unlawful or nuisance-creating activities. When so equipped and controlled,
such lots and Garages may be open 24 hours a day.
602.5.
No commercial repair work or services of any kind shall be conducted
in any Ancillary Garage or Parking Lots.
602.6.
No Sign of any kind other than designating entrances, exits
and conditions of Use shall be maintained on any Ancillary
Garage or Parking Lots.
602.7.
Subsurface Ancillary Parking.
602.7.1.
Subsurface parking is not included in the Lot Coverage
computations and is authorized to the limits of all Lot and/or Street Right-of-Way lines.
602.7.2.
Subsurface Parking Facility shall be completely
enclosed on all sides and roof. Should any portion of a Parking
Facility project above grade, the portion of the Parking Facility that is above Grade shall
be counted in Lot coverage calculations and that
portion shall be subject to the Yard Requirements
of the district.
602.7.3.
That portion of the finished surface of the roof within required Yards shall be not more than two feet above Finished Grades
at any point on the perimeter of said facility.
602.7.4.
That portion of the roof within required Yards shall
be used as a plaza or landscaped in an appropriate manner.
Animal hospitals shall be subject to the following requirements:
Single-family Attached Dwellings shall be subject
to the following requirements:
Bed and Breakfast Establishments shall be subject
to the following requirements:
605.1.
The Owner/Operator of shall live
on Premises of the Bed and Breakfast Establishment.
605.2.
No Alteration to either the exterior or the
interior of any Principal or Accessory Structure shall
be made which changes the character and appearance of the residential Premises.
605.3.
No Sign, other than one unlit Address Sign, not more than two
square feet in area, shall be permitted.
605.4.
No occupancy permit shall be issued for a Structure to be used as a Bed and Breakfast Establishment that is located within 2,500 lineal feet from an existing Bed and
Breakfast Establishment.
605.5.
The Bed and Breakfast Establishment shall obtain
and maintain licenses from the applicable State and County agencies.
605.6.
An annual permit and fee from the Municipality shall be required for the inspection of the Bed and Breakfast
Establishment to ensure compliance with all building and
fire codes.
605.7.
Licenses shall not be transferable.
605.8.
Only rooms designed originally as bedrooms shall be used for
guest lodging.
605.9.
The maximum number of overnight guests shall not exceed two
per bedroom. In no case, shall more than a total of eight guests be
permitted in each Bed and Breakfast Establishment.
605.10.
Guest parking shall include one off-street Parking Space for each bedroom as outlined in §20-817.
605.11.
Meals shall be served to overnight guests only.
605.12.
No events, meetings or other activities for people
who are not overnight guests shall be permitted.
605.13.
Bed and Breakfast shall only be permitted in Commercial
Districts or a Residential Structure within 200 feet
of the existing CBD Commercial District.
Commercial Uses in Multi-family Dwellings shall be subject to the following requirements:
607.1.
Short Title. This ordinance shall
be known as the “Mt. Lebanon Wireless Communications
Facilities ordinance.
607.2.
Purposes and Findings of Fact.
607.2.1.
The purpose of this ordinance is to establish uniform standards for
the siting, design, permitting, maintenance, and use of Wireless
Communications Facilities in Mt. Lebanon. While the municipality
recognizes the importance of Wireless Communications Facilities in providing high quality communications service to its residents
and businesses, the municipality also recognizes that it has an obligation
to protect public safety and to minimize the adverse visual effects
of such facilities through the standards set forth in the following
provisions.
607.2.2.
By enacting this ordinance, the municipality intends to:
607.2.2.1.
Regulate the placement, construction, and modification of Wireless Communication Facilities to protect the safety
and welfare of the public;
607.2.2.2.
Provide for the managed development of Wireless Communications
Facilities in a manner that enhances the benefits of wireless
communication and accommodates the needs of both municipality residents
and wireless carriers in accordance with federal and state laws and
regulations;
607.2.2.3.
Establish procedures for the design, siting, construction, installation,
maintenance, and removal of both Tower-Based and Non-Tower Based Wireless Communications Facilities in the
municipality, including facilities both inside and outside the public Rights-of-Way;
607.2.2.4.
Address new wireless technologies, including but not limited
to, distributed antenna systems, data collection units, and other Wireless Communications Facilities;
607.2.2.5.
Encourage the collocation of Wireless Communications
Facilities on existing structures rather than the construction
of new Tower-Based structures;
607.2.2.6.
Protect municipality residents from potential adverse impacts
of Wireless Communications Facilities and preserve,
to the extent permitted under law, the visual character of established
communities and the natural beauty of the landscape;
607.2.2.7.
Ensure that Wireless Communications Facilities will be removed in the event that such structures are abandoned
or become obsolete and are no longer necessary; and
607.2.2.8.
Update the municipality’s wireless facilities regulations
to incorporate changes in federal and state laws and regulations.
607.3.
607.4.
Regulations Applicable to all Tower-Based Wireless Communications
Facilities.
607.4.1.
The following regulations shall apply to all Tower-Based
Wireless Communications Facilities:
607.4.1.1.
Procedures.
607.4.1.1.1.
Any applicant proposing construction of
a new Tower-Based WCF shall submit plans to the municipality
for review by Mt. Lebanon Zoning Officer and for
approval by the Zoning Hearing Board in accordance with the requirements of Chapter 20, Part 10, §20-1004, “Special Exceptions” of the Mt. Lebanon Code.
607.4.1.1.2.
The applicant shall prove that it is licensed
by the FCC to operate a Tower-Based WCF and that the proposed Tower-Based WCF complies
with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
607.4.1.2.
Development Regulations. Tower-Based Wireless Communications
Facilities shall be developed in accordance with the following
requirements:
607.4.1.2.1.
Permitted Subject to Regulations. Any Tower-Based WCF that is either not mounted on any existing
structure or is more than 25 feet higher than the structure on which
it is mounted is permitted in certain zoning districts as a special
exception, subject to the restrictions and conditions prescribed herein
and subject to the prior written approval of the municipality. The Zoning Hearing Board may grant a special exception in accordance with the requirements of Chapter 20, Part 10, §20-1004, “Special Exceptions” of the Mt. Lebanon Code. An applicant for a Tower-Based WCF must establish the following:
607.4.1.2.1.1.
Siting. Tower-Based WCF are permitted in the following zoning districts by special exception, subject to the requirements and prohibitions of §20-607:
607.4.1.2.1.1.1.
R-1 Single Family Residential District.
607.4.1.2.1.1.2.
R-2 Single Family Residential District.
607.4.1.2.1.1.3.
R-3 Low Density-Mixed Residential
District.
607.4.1.2.1.1.4.
R-4 Multi-Family Mixed Residential
District.
607.4.1.2.1.1.5.
R-5 Multi-Family, Multi-Story District.
607.4.1.2.1.1.6.
R-6 Multi-Family, Multi-Story District.
607.4.1.2.1.1.7.
R-7 High Density, High-Rise, Multi-Family-Limited
Commercial District.
607.4.1.2.1.1.8.
PMXD Planned Mixed Use Development.
607.4.1.2.1.1.9.
PRD Planned Residential District.
607.4.1.2.1.1.10.
C-1 Neighborhood Commercial District.
607.4.1.2.1.1.11.
C-2 Community Commercial District.
607.4.1.2.1.1.12.
CBD Commercial District.
607.4.1.2.1.2.
Coverage and Capacity. An applicant
for a Tower-Based WCF must demonstrate that a gap
in wireless coverage and capacity exists and that the type of WCF and siting being proposed is the least intrusive means
by which to fill the gap in wireless coverage and capacity. The existence
or non-existence of a gap in wireless coverage shall be a factor in
the municipality’s decision on an application for approval of Tower-Based WCFs.
607.4.1.2.1.3.
Collocation. An applicant for a Tower-Based WCF must demonstrate there is not suitable space
on existing wireless service facilities or other wireless service
facility sites or on other sufficient tall structure where the intended
wireless service facility can be accommodated and function as required
by its construction permit or license without unreasonable modification.
607.4.1.2.1.4.
Site Plan. An applicant for a Tower-Based WCF must submit a full site plan to the Mt.
Lebanon Zoning Officer which shall include:
607.4.1.2.1.4.1.
Written authorization from the property
owner of the proposed Tower-Based WCF site.
607.4.1.2.1.4.2.
A site plan that is drawn to scale
and shows the following features: property boundaries; any tower guy
wire anchors and other apparatus; existing and proposed structures;
scaled elevation view; access road(s) location and surface material;
parking area; fences; location and content of (any or warning) signs;
exterior lighting specifications; land-scaping plan; land elevation
contours; existing land uses surrounding the site; proposed transmission
building and/or other Accessory Uses with details;
elevations; and pro-posed use(s).
607.4.1.2.1.4.3.
A written report including: information
describing the tower height and design; a cross-section of the structure;
engineering specifications detailing construction of tower, base,
and guy wire anchorage; information de-scribing the proposed painting
and lighting schemes; information describing the tower’s capacity,
including the number and type of antennas that it can accommodate;
radio frequency coverage including scatter plot analysis and the input
parameters for the scatter plot analysis; all tower structure information
to be certified by a registered Professional Engineer (P.E.) licensed
by the Common-wealth of Pennsylvania; and wireless telecommunications
data to be certified by an appropriate wireless tele-communications
professional.
607.4.1.2.1.4.4.
All other uses ancillary to the Tower-Based WCF and associated equipment (including a business
office, maintenance depot, vehicle storage, etc.) are prohibited from
the Tower-Based WCF site unless otherwise permitted
in the zoning district in which the Tower-Based WCF site is located.
607.4.1.2.2.
Underground District. A Tower-Based
WCF shall not be located in, or within 100 feet of, an area
in which utilities are required to be located underground.
607.4.1.2.3.
Prohibited in Open Space and Conservation
Districts. Tower-Based WCFs shall not be located
within an Open Space or Conservation District or within 200 feet of
a lot in Open Space or Conservation use or an Open Space or Conservation
District boundary.
607.4.1.2.4.
Sole Use on a Lot. A Tower-Based
WCF is permitted as a sole use on a lot subject to the minimum
lot area and yards complying with the requirements for the applicable
zoning district.
607.4.1.2.5.
Combined with Another Use. A Tower-Based
WCF may be permitted on a property with an existing use,
or on a vacant parcel in combination with another industrial, commercial,
institutional, or municipal use, subject to the following conditions:
607.4.1.2.5.1.
Existing Use. The existing use on the
property may be any permitted use in the applicable district and need
not be affiliated with the communications facility.
607.4.1.2.5.2.
Minimum Lot Area. The minimum lot shall
comply with the requirements for the applicable district and shall
be the area needed to accommodate the Tower-Based WCF and guy wires, the equipment building, security fence, and buffer
planting.
607.4.1.2.5.3.
Minimum Setbacks. 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 and any property line or right-of-way line shall
be the largest of the following:
607.4.1.2.5.3.1.
50% of antenna height in all zones
except residential zones where the setback shall be 100% of antenna
height.
607.4.1.2.5.3.2.
The minimum front yard setback in
the underlying zoning district.
607.4.1.2.5.3.3.
Forty feet.
607.4.1.3.
Timing of Approval. All applications for Tower-Based
WCFs shall be acted upon within 150 days of the receipt of
a fully completed application for the approval of such Tower-Based
WCF, including an application fee in an amount specified
by the Wireless Fee Schedule. If the municipality receives an application
for a Tower-Based WCF and such application is not
fully completed, then the municipality shall promptly notify the applicant
that the application is not complete and the time for the approval
of such application shall not commence until a fully completed application
is received by the municipality.
607.4.1.4.
Notice. No later than 30 days following the submission of an
application for a Tower-Based WCF and the scheduling
of the public hearing (if required), the applicant shall mail notice
to all owners of every property within a 500 feet radius of the proposed
wireless communications facility. The applicant shall provide proof
of mailing of the notification to the municipality within 15 days
of completion.
607.4.1.5.
Collocation.
607.4.1.5.1.
An application for a new Tower-Based
WCF shall not be approved unless the municipality finds that
the wireless communications equipment planned for the proposed Tower-Based WCF cannot be accommodated on an existing or
approved structure or building.
607.4.1.5.2.
Any applicant proposing construction of
a new Tower-Based WCF outside the Rights-of-Way shall
demonstrate to the satisfaction of the municipality, by written submission,
that a good faith effort has been made to obtain permission to mount
the Tower-Based WCF Antenna on an existing Building or Structure. The municipality may deny any application
to construct a new tower if the applicant has not made a good faith
effort to collocate the antenna on an existing structure. A good faith
effort shall require that all owners of potentially suitable structures
within a one-quarter (¼) mile radius of the proposed Tower-Based WCF site be contacted and that the applicant
certifies in writing to the Mt. Lebanon Zoning Officer that one or more of the following reasons for not selecting such
structure apply:
607.4.1.5.2.1.
The proposed WCF and
related equipment would exceed the structural capacity of the existing
structure and its reinforcement cannot be accomplished at reasonable
cost;
607.4.1.5.2.2.
The proposed WCF and
related equipment would cause radio frequency interference with other
existing equipment for that existing structure and the interference
cannot be prevented at reasonable cost;
607.4.1.5.2.3.
Such existing structure does not have
adequate location, space, access, or height to accommodate the proposed
equipment or to allow it to perform its intended function; and/or
607.4.1.5.2.4.
A commercially reasonable agreement
cannot be reached with the owner(s) of such structure.
607.4.1.6.
Standard of Care. Any Tower-Based WCF shall
be designed, constructed, operated, maintained, repaired, modified,
and removed in strict compliance with all current applicable technical,
safety and safety-related codes, including but not limited to, the
most recent editions of the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, National Electrical
Code, as well as the accepted and responsible workmanlike industry
practices of the National Association of Tower Erectors. Any Tower-Based WCF shall at all times be kept and maintained
in good condition, order, and repair by qualified maintenance and
construction personnel, so that the same shall not endanger the life
of any person or any property in the municipality.
607.4.1.7.
Wind and Ice. Any Tower-Based WCF structures
shall be designed to withstand the effects of wind, and ice 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/EIA/TIA-222,
as amended).
607.4.1.8.
Height. Any Tower-Based WCF shall be designed
at the minimum functional height. All Tower-Based WCF applicants must submit documentation to the municipality justifying
the total height of the structure. In no case shall a WCF exceed a maximum height of 200 feet.
607.4.1.9.
Public Safety Communications. No Tower-Based WCF shall interfere with public safety communications or the reception
of broadband, television, radio, or other communication services enjoyed
by occupants of nearby properties.
607.4.1.10.
Maintenance. The following maintenance requirements shall apply:
607.4.1.10.1.
Any Tower-Based WCF shall
be fully automated and unattended on a daily basis and shall be visited
only for maintenance or emergency repair.
607.4.1.10.2.
Such maintenance shall be performed to
ensure the upkeep of the facility in order to promote the safety and
security of the municipality’s residents.
607.4.1.10.3.
All maintenance activities shall utilize
nothing less than the best available technology for preventing failures
and accidents.
607.4.1.10.4.
The municipality reserves the authority
to require the repainting of all Tower-Based Facilities
where the painting of such facilities is not regularly maintained.
607.4.1.11.
Radio Frequency Emissions. No Tower-Based WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards
and regulations of the FCC, including but not limited
to, the FCC Office of Engineering Technology Bulletin
65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic
Fields,” as amended. A Tower-Based WCF generating
radio frequency emissions in excess of the standards and regulations
of the FCC shall be considered an Emergency. The
municipality reserves the authority to revoke the permit of any Tower-Based WCF generating radio frequency emissions in
excess of the standards and regulations of the FCC.
607.4.1.12.
Historic Buildings and Districts. No Tower-Based WCF may be located in or within 100 feet of any historic district, property, 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 listed
maintained by the municipality.
607.4.1.13.
Signs. All Tower-Based WCFs shall post a sign
in a readily visible location identifying the name and phone number
of a party to contact in the event of an emergency.
607.4.1.14.
Lighting. Tower-Based WCF shall not 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.
607.4.1.15.
Noise. Tower-Based WCFs shall be operated and
maintained so as not to produce noise in excess of applicable noise
standards under state law and the Mt. Lebanon Code, except in emergency
situations requiring the use of a backup generator, where such noise
standards may be exceeded on a temporary basis only.
607.4.1.16.
Aviation Safety. Tower-Based WCFs shall comply
with all federal and state laws and regulations concerning aviation
safety.
607.4.1.17.
Inspection Report Requirements. No later than the first day
of December of each odd-numbered year, the owner of the Tower-Based
WCF shall have said Tower-Based WCF structure
inspected by a Pennsylvania-licensed and registered Professional Engineer
(P.E.) who is regularly involved in the maintenance, inspection, and/or
erection of Tower-Based WCFs. At a minimum, this
inspection shall be conducted in accordance with the Tower Inspection
Class checklist provided in the Electronics Industries Association
(EIA) Standard 222, Structural Standards for Steel Antenna Towers
and Antenna Support Structures. A copy of said inspection report and
certification of continued use shall be provided to the municipality
no later than the first day of March following the inspection. Any
repairs advised by the report shall be affected by the owner no later
than 60 calendar days after the report is filed with the municipality.
No later than 30 calendar days upon completion of aforesaid repairs,
the Tower-Based WCF structure shall again be inspected
in accordance with the parameters and requirements described herein.
607.4.1.18.
Retention of Experts. The municipality may hire any consultant(s)
and/or expert(s) necessary to assist the municipality in reviewing
and evaluating the application for approval of the Tower-Based
WCF and once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this ordinance. The applicant
and/or owner of the WCF shall reimburse the municipality
for all costs of the municipality’s consultant(s) in providing
expert evaluation and consultation in connection with these activities.
607.4.1.19.
Non-Conforming Uses. Non-conforming Tower-Based WCFs, 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.
607.4.1.20.
Removal. In the event that use of a Tower-Based WCF is planned to be discontinued, the owner shall provide written notice
to the municipality of its intent to discontinue use and the date
when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
607.4.1.20.1.
All unused or abandoned Tower-Based
WCFs 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 municipality.
607.4.1.20.2.
If the WCF 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 municipality,
the WCF and accessory facilities and equipment may
be removed by the municipality and the cost of removal assessed against
the owner of the WCF.
607.4.1.20.3.
Any unused portions of Tower-Based
WCFs, including antennas, shall be removed within six months
of the time of cessation of operations. The municipality must approve
all replacements of portions of a Tower-Based WCF previously removed.
607.4.1.21.
Public Rights-of-Way. No Tower-Based wireless
communications facility shall be located, in whole or in part, within
the public rights-of-way.
607.4.1.22.
Eligible Facilities Request.
607.4.1.22.1.
Applicants proposing a modification to
an existing Tower-Based WCF that does not substantially
change the dimensions of the underlying structure shall be required
only to obtain a building permit from the municipality.
607.4.1.22.2.
In order to be considered for such permit,
the Tower-Based WCF applicant must submit a building
permit application to the municipality in accordance with applicable
permit policies and procedures.
607.4.1.23.
Design Regulations.
607.4.1.23.1.
Any height extensions to an existing Tower-Based WCF shall require prior approval of the municipality.
The municipality 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 municipality.
607.4.1.23.2.
The Tower-Based WCF shall
employ the most current stealth technology available in an effort
to appropriately blend into the surrounding environment and minimize
aesthetic impact. The application of the stealth technology chosen
by the WCF applicant shall be subject to the approval
of the municipality.
607.4.1.23.3.
Any proposed Tower-Based WCF shall be designed structurally, electrically, and in all respects
to accommodate both the Tower-Based WCF applicant’s
antennae and comparable antennae for future users.
607.4.1.23.4.
All utilities that are extended to the
site of the Tower-Based WCF shall be placed underground.
607.4.1.24.
Surrounding Environs.
607.4.1.24.1.
The Tower-Based WCF applicant
shall ensure that the existing vegetation, trees, and shrubs located
within proximity to the Tower-Based WCF structure
shall be preserved to the maximum extent possible.
607.4.1.24.2.
The Tower-Based WCF applicant
shall submit a soil report to the municipality complying with the
standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222,
as amended, to document and verify the design specifications of the
foundation of the Tower-Based WCF, and anchors for
guy wires, if used.
607.4.1.25.
Fence/Screen.
607.4.1.25.1.
A security fence having a maximum height
of 10 feet, and a minimum height of eight feet, shall completely surround
any Tower-Based WCF, guy wires, or any building housing WCF equipment.
607.4.1.25.2.
An evergreen screen shall be required
to surround the site. The screen can be either a hedge (planted three
feet on center maximum) or a row of evergreen trees (planted 10 feet
on center maximum). The evergreen screen shall be a minimum height
of six feet at planting and shall grow to a minimum of 15 feet at
maturity.
607.4.1.25.3.
In addition, existing vegetation on and
around the site shall be preserved to the greatest extent possible.
607.4.1.26.
Accessory Equipment.
607.4.1.26.1.
Ground-mounted equipment associated to,
or connected with, a Tower-Based WCF shall be underground
or screened from public view using stealth technologies, as described
in §607.4.1.23.2.
607.4.1.26.2.
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.
607.4.1.27.
Additional Antennae. As a condition of approval for all Tower-Based WCFs, the WCF applicant shall
provide the municipality with a written commitment that it will allow
other service providers to collocate antennae on Tower-Based
WCFs where technically and commercially reasonable. The owner
of a Tower-Based WCF shall not install any additional
antennae without obtaining the prior written approval of the municipality.
607.4.1.28.
Access Road. An access road, turnaround space, and parking shall
be provided to ensure adequate emergency and service access to Tower-Based WCF. 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 WCF owner shall present documentation to the
municipality that the property owner has granted an easement for the
proposed facility. The easement shall be a minimum of 20 feet in width
and the access shall be improved to a width of at least 10 feet with
a dust-free, all-weather surface throughout its entire length.
607.4.1.29.
Bond. Prior to the issuance of a permit, the owner of a Tower-Based WCF shall, at its own cost and expense, obtain
from a surety licensed to do business in Pennsylvania and maintain
a bond or other form of security acceptable to the solicitor of the
municipality, in an amount of $75,000 to assure the faithful performance
of the terms and conditions of this ordinance. The bond shall provide
that the municipality may recover from the principal and surety any
and all compensatory damages incurred by the municipality for violations
of this ordinance, after reasonable notice and opportunity to cure.
The owner shall file the bond with the municipality and maintain the
bond for the life of the respective facility.
607.4.1.30.
Visual or Land Use Impact. The municipality reserves the right
to deny an application for the construction or placement of any Tower-Based WCF based upon visual and/or land use impact.
607.4.1.31.
Graffiti. Any graffiti on the Tower-Based WCF, including wireless support structure or on any accessory equipment,
shall be removed at the sole expense of the owner within 10 days of
notification by the municipality.
607.4.1.32.
Inspection by Municipality. The municipality reserves the right
to inspect any Tower-Based WCF to ensure compliance
with the provisions of this ordinance and any other provisions found
within the Mt. Lebanon Code or state or federal law. The municipality
and/or its agents shall have the authority to enter the property upon
which a Tower-Based WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
607.5.
Regulations Applicable to all Non-Tower Wireless Facilities.
607.5.1.
The following regulations shall apply to all Non-Tower Wireless
Communications Facilities:
607.5.1.1.
Procedures.
607.5.1.1.1.
Any applicant proposing a Non-Tower WCF to be mounted on a building or any other structure shall
submit detailed construction and elevation drawings to the municipality
indicating how the Non-Tower WCF will be mounted
on the structure, for review by the Mt. Lebanon Zoning Officer and for approval by the Zoning Hearing Board in accordance with the requirements of Chapter 20, Part 10, §20-1004, “Special Exceptions,” of the Mt. Lebanon Code.
607.5.1.1.2.
The applicant shall prove that it is licensed
by the FCC to operate a Non-Tower WCF and that the proposed Non-Tower WCF complies with
all applicable standards established by the FCC governing
human exposure to electromagnetic radiation.
607.5.1.2.
Development Regulations. Non-Tower Wireless Communications Facilities
shall be collocated on existing structures, such as existing buildings
or wireless support structures, subject to the following conditions:
607.5.1.2.1.
Permitted Subject to Regulations. Subject
to the restrictions and conditions prescribed herein, Non-Tower WCFs are permitted in certain zoning districts as a special
exception upon review by the Mt. Lebanon Zoning Officer and approval by the Zoning Hearing Board in accordance with the requirements of Chapter 20, Part 10, §20-1004, “Special Exceptions,” of the Mt. Lebanon Code.
607.5.1.2.1.1.
Non-Tower WCF are permitted in the following zoning districts by special exception, subject to the requirements and prohibitions of §20-607.
607.5.1.2.1.1.1.
R-1 Single Family Residential District.
607.5.1.2.1.1.2.
R-2 Single Family Residential District.
607.5.1.2.1.1.3.
R-3 Low Density-Mixed Residential
District.
607.5.1.2.1.1.4.
R-4 Multi-Family Mixed Residential
District.
607.5.1.2.1.1.5.
R-5 Multi-Family, Multi-Story District.
607.5.1.2.1.1.6.
R-6 Multi-Family, Multi-Story District.
607.5.1.2.1.1.7.
R-7 High Density, High-Rise, Multi-Family-Limited
Commercial District.
607.5.1.2.1.1.8.
PMXD Planned Mixed Use Development.
607.5.1.2.1.1.9.
PRD Planned Residential District.
607.5.1.2.1.1.10.
C-1 Neighborhood Commercial District.
607.5.1.2.1.1.11.
C-2 Community Commercial District.
607.5.1.2.1.1.12.
CBD Commercial District.
607.5.1.2.2.
Height. Any Non-Tower WCF shall not exceed the maximum height permitted in the applicable
zoning district.
607.5.1.2.3.
Equipment Building. If the Non-Tower WCF applicant proposed to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
607.5.1.2.4.
Fencing. A security fence with a maximum
height of 10 feet, and a minimum height of eight 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.
607.5.1.3.
Eligible Facilities Request.
607.5.1.3.1.
Applicants proposing a modification to
an existing Non-Tower WCF that does not substantially
change the dimensions of the underlying structure shall be required
only to obtain a building permit from the municipality.
607.5.1.3.2.
In order to be considered for such permit,
the Non-Tower WCF applicant must submit a building
permit application to the Municipality in accordance with applicable
permit policies and procedures.
607.5.1.4.
Visual or Land Use Impact. The municipality reserves the right
to deny an application for the construction or placement of any Non-Tower WCF based upon visual and/or land use impact.
607.5.1.5.
Historic Buildings and Districts. No Non-Tower WCF may be located on, or within 100 feet of, any historic district,
property, or on a Building or Structure that is listed
on either the National or Pennsylvania Registers of Historic Places,
or eligible to be so listed, or is included in the official historic
structures list maintained by the municipality.
607.5.1.6.
Prohibited in Conservation Districts. Non-Tower WCFs shall not be located within a conservation district or within 200
feet of a lot in conservation use or conservation district boundary.
607.5.1.7.
Timing of Approval. All applications for Non-Tower WCFs shall be acted upon by the municipality within 90 days of the receipt
of a fully completed application for the approval of such WCF, including an application fee in an amount specified
by the wireless fee schedule. If the municipality receives an application
for a Non-Tower WCF and such application is not fully
completed, then the municipality shall promptly notify the applicant
that the application is not complete and the time for the approval
of such application shall not commence until a fully completed application
is received by the municipality.
607.5.1.8.
Retention of Experts. The municipality may hire any consultant(s)
and/or expert(s) necessary to assist the municipality in reviewing
and evaluating the application for approval of the Non-Tower WCF 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 Non-Tower WCF shall reimburse
the municipality for all costs of the municipality’s consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
607.5.1.9.
Bond. Prior to the issuance of a permit, the owner of a Non-Tower WCF shall, at its own cost and expense, obtain from a surety
licensed to do business in Pennsylvania and maintain a bond, or other
form of security acceptable to the Mt. Lebanon Solicitor, in an amount
of $25,000 to assure the faithful performance of the terms and conditions
of this ordinance. The bond shall provide that the municipality may
recover from the principal and surety any and all compensatory damages
incurred by the municipality for violations of this ordinance, after
reasonable notice and opportunity to cure. The owner shall file a
copy of the bond with the municipality and maintain the bond for the
life of the respective facility.
607.5.1.10.
Design Regulations.
607.5.1.10.1.
Non-Tower WCFs shall
employ stealth technology be treated to match the supporting structure
in order to minimize aesthetic impact. The application of the stealth
technology chosen by the WCF applicant shall be subject
to the approval of the municipality.
607.5.1.10.2.
Non-Tower WCFs, which
are mounted to a building or similar structure, may not exceed a height
of 15 feet above the roof or parapet, whichever is higher, unless
the Non-Tower WCF applicant obtains a variance.
607.5.1.10.3.
All Non-Tower WCF applicants
must submit documentation to the municipality justifying the total
height of the Non-Tower support structure. Such documentation shall
be analyzed in the context of such justification on an individual
basis.
607.5.1.10.4.
Antennae, and their respective accompanying
support structures, shall be no greater in diameter than any cross-sectional
dimension than is reasonably necessary for their proper functioning.
607.5.1.11.
Standard of Care. Any Non-Tower WCF shall be
designed, constructed, operated, maintained, repaired, modified, and
removed in strict compliance with all current applicable technical,
safety and safety-related codes, including but not limited to the
most recent editions of the American National Standards Institute
(ANSI) Code, National Electrical Safety Code, and National Electrical
Code. Any WCF shall at all times be kept and maintained
in good condition, order, and repair by qualified maintenance and
construction personnel, so that the same shall not endanger the life
of any person or any property in the municipality.
607.5.1.12.
Wind. Any Non-Tower WCF 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/EIA/TIA-222, as
amended).
607.5.1.13.
Public Safety Communications. No Non-Tower WCF shall interfere with public safety communications or the reception
of broadband, television, radio, or other communication services enjoyed
by occupants of nearby properties.
607.5.1.14.
Radio Frequency Emissions. No Non-Tower WCF may, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards
and regulations of the FCC, including but not limited
to, the FCC Office of Engineering Technology Bulletin
65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic
Fields,” as amended. A Non-Tower WCF generating
radio frequency emissions in excess of the standards and regulations
of the FCC shall be considered an emergency. The
municipality reserves the authority to revoke the permit of any Non-Tower WCF generating radio frequency emissions in excess of the
standards and regulations of the FCC.
607.5.1.15.
Aviation Safety. Non-Tower WCFs shall comply
with all federal and state laws and regulations concerning aviation
safety.
607.5.1.16.
Inspection Report Requirements. No later than the first day
of December of each odd-numbered year, the owner of the Non-Tower WCF shall have said Non-Tower WCF inspected
by a registered, Pennsylvania-licensed P.E. who is regularly involved
in the maintenance, inspection, and/or modification of Non-Tower WCFs. A copy of said inspection report and certification
of continued use shall be provided to the Planning Office of the municipality
no later than the first day of March following the inspection. Any
repairs advised by the report shall be affected by the owner no later
than 60 calendar days after the report is filed with the municipality.
No later than 30 calendar days upon completion of aforesaid repairs,
the Non-Tower WCF shall again be inspected in accordance
with the parameters and requirements described herein.
607.5.1.17.
Maintenance. The following maintenance requirements shall apply:
607.5.1.17.1.
The Non-Tower WCF shall
be fully automated and unattended on a daily basis and shall be visited
only for maintenance or emergency repair.
607.5.1.17.2.
Such maintenance shall be performed to
ensure the upkeep of the facility in order to promote the safety and
security of the municipality’s residents.
607.5.1.17.3.
All maintenance activities shall utilize
nothing less than the best available technology for preventing failures
and accidents.
607.5.1.18.
Upgrade, Replacement, Modification.
607.5.1.18.1.
The removal and replacement of Non-Tower WCFs and/or accessory equipment for the purpose of upgrading,
replacing, modifying, or repairing the Non-Tower WCF is permitted, so long as such upgrade, replacement, modification,
or repair does not increase the overall size of the Non-Tower WCF or the number of antennae.
607.5.1.18.2.
Any material modification to a Non-Tower WCF shall require a prior amendment to the original permit
or authorization.
607.5.1.19.
Removal. In the event that use of a Non-Tower WCF is discontinued, the owner shall provide written notice to the municipality
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCFs or portions
of WCFs shall be removed as follows:
607.5.1.19.1.
All abandoned or unused Non-Tower WCFs and accessory facilities shall be removed within three
months of the cessation of operations at the site unless a time extension
is approved by the municipality.
607.5.1.19.2.
If the Non-Tower WCF or accessory facility is not removed within three months of the
cessation of operations at a site, or within any longer period approved
by the municipality, the WCF and/or associated facilities
and equipment may be removed by the municipality and the cost of removal
assessed against the owner of the WCF.
607.5.1.20.
Graffiti. Any graffiti on the Non-Tower WCF, including wireless support structure or on any communications equipment
or accessory equipment, shall be removed at the sole expense of the
owner within 10 days of notification by the municipality.
607.5.1.21.
Inspection by Municipality. The municipality reserves the right
to inspect any Non-Tower WCF to ensure compliance
with the provisions of this ordinance and any other provisions found
within the Mt. Lebanon Code or state or federal law. The municipality
and/or its agents shall have the authority to enter the property upon
which a Non-Tower WCF is located at any time, upon
reasonable notice to the operator, to ensure such compliance.
607.6.
Regulations Applicable to all Small Wireless Communications
Facilities.
607.6.1.
The following regulations shall apply to small Wireless Communications
Facilities:
607.6.1.1.
Development Regulations.
607.6.1.1.1.
Small WCF are permitted
by administrative approval from the Mt. Lebanon Zoning Officer in all zoning districts, subject to the requirements of this section
and generally applicable permitting as required by the Mt. Lebanon
Code.
607.6.1.1.2.
Small WCF located within
districts that require utilities to be located underground shall be
collocated on existing or replacement wireless support structures.
No new wireless support structure may be installed for the purpose
of supporting a small WCF within districts that require
utilities to be located underground.
607.6.1.1.3.
Small WCF in the public
ROW requiring the installation of a new wireless support structure
shall not be located directly in front of any building entrance or
exit.
607.6.1.1.4.
All small WCF shall comply
with the applicable requirements of the Americans with Disabilities
Act and all Mt. Lebanon Code requirements applicable to streets and
sidewalks.
607.6.1.2.
Procedures.
607.6.1.2.1.
Any applicant proposing a small WCF shall submit an application to the Planning Office for
review by the municipality.
607.6.1.2.2.
The applicant shall prove that it is licensed
by the FCC to operate a small WCF and that the proposed small WCF complies with all
applicable standards established by the FCC governing
human exposure to electromagnetic radiation.
607.6.1.3.
Timing of Approval.
607.6.1.3.1.
Within 10 calendar days of the date that
an application for a small WCF is filed with the
Mt. Lebanon Planning Office, the municipality shall notify the WCF applicant in writing if an application is incomplete
and shall advise the WCF applicant of any information
that may be required to complete such application.
607.6.1.3.2.
Within 60 days of receipt of a completed
application for collocation of a small WCF on a preexisting
wireless support structure, the Mt. Lebanon Zoning Officer shall make a final decision on whether to approve the application
and shall notify the WCF applicant in writing of
such decision.
607.6.1.3.3.
Within 90 days of receipt of a completed
application for a small WCF requiring the installation
of a new wireless support structure, the Mt. Lebanon Zoning
Officer shall make a final decision on whether to approve
the application and shall notify the WCF applicant
in writing of such decision.
607.6.1.4.
Eligible Facilities Request.
607.6.1.4.1.
Small WCF applicants
proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying
structure shall be required only to obtain a building permit from
the municipality.
607.6.1.4.2.
In order to be considered for such permit,
the small WCF applicant must submit a building permit
application to the municipality in accordance with applicable permit
policies and procedures.
607.6.1.4.3.
The timing of approval for small WCF applicants proposing a modification to an existing small WCF that does not substantially change the dimensions of
the underlying structure shall be as follows:
607.6.1.4.3.1.
Within 30 calendar days of the date
that an application for a modification to an existing small WCF that does not substantially change the dimensions of
the underlying structure is filed with the Mt. Lebanon Zoning
Officer, the municipality shall notify the applicant in writing
if the application is incomplete and shall advise of any information
that may be required to complete such application.
607.6.1.4.3.2.
An application for a modification to
an existing small WCF that does not substantially
change the dimensions of the underlying structure shall be deemed
complete when all documents, information and fees specifically enumerated
in the municipality’s regulations, ordinances, and forms pertaining
to the location, modification or operation of wireless telecommunications
facilities are submitted by the applicant to the municipality. In
case of incompleteness of the application, the municipality shall
promptly notify the applicant that the application is not complete
and the time for the approval of such application shall not commence
until a fully completed application is received by the municipality.
607.6.1.4.3.3.
Within 60 days of receipt of an application
a modification to an existing small WCF that does
not substantially change the dimensions of the underlying structure,
the Mt. Lebanon Zoning Officer shall make a final
decision on whether to approve the application and shall notify the WCF applicant in writing of such decision.
607.6.1.5.
Non-Conforming Wireless Support Structures. Small WCF shall be permitted to collocate upon non-conforming Tower-Based
WCF and other non-conforming structures. Collocation of WCF upon existing Tower-Based WCF is encouraged
even if the Tower-Based WCF is non-conforming as
to use within a zoning district.
607.6.1.6.
Application Fees. The municipality may assess appropriate and
reasonable application fees directly related to the municipality’s
actual costs in reviewing and processing the application for approval
of a WCF, as well as related inspection, monitoring,
and related costs, subject to the limitations in this section, in
amounts specified by the wireless fee schedule.
607.6.1.7.
Standard of care. Any small WCF shall be designed,
constructed, operated, maintained, repaired, modified, and removed
in strict compliance with all current applicable technical, safety
and safety-related codes, including but not limited to the most recent
editions of the American National Standards Institute (ANSI) Code,
National Electrical Safety Code, National Electrical Code, the Pennsylvania
UCC, or to the industry standard applicable to the structure. Any WCF shall at all times be kept and maintained in good condition,
order, and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the municipality.
607.6.1.8.
Historic Buildings and Districts. No small WCF may be located on, or within 100 feet of, any historic district,
property, 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 list maintained by the municipality.
607.6.1.9.
Wind and Ice. All small WCF shall be designed
to withstand the effects of wind gusts and ice 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/EIA/TIA-222, as amended), or to the industry
standards applicable to the structure.
607.6.1.10.
Radio Frequency Emissions. A small WCF shall
not, by itself or in conjunction with other WCFs,
generate radio frequency emissions in excess of the standards and
regulations of the FCC, including but not limited
to, the FCC Office of Engineering Technology Bulleting
65 entitled “Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic
Fields,” as amended. A small WCF generating
radio frequency emissions in excess of the standards and regulations
of the FCC shall be considered an emergency. The
municipality reserves the authority to revoke the permit of any small WCF generating radio frequency emissions in excess of the
standards and regulations of the FCC.
607.6.1.11.
Time, Place, and Manner. The municipality shall determine the
time, place, and manner of construction, maintenance, repair, and/or
removal of all small WCF in the ROW based on public
safety, traffic management, physical burden on the ROW, and related
considerations.
607.6.1.12.
Accessory Equipment. Small WCF accessory equipment
shall be located so as not to cause any physical or visual obstruction
to pedestrian or vehicular traffic, create safety hazards to pedestrians
and/or motorists, or to otherwise inconvenience public use of the
ROW as determined by the municipality.
607.6.1.13.
Graffiti. Any graffiti on the small WCF, including
wireless support structure or on any accessory equipment, shall be
removed at the sole expense of the owner within 10 days of notification
by the municipality.
607.6.1.14.
Design Standards. All small WCF in the municipality
shall comply with the requirements of the Mt. Lebanon Small Wireless
Communications Facility Design Manual, a copy of which is on file
with the municipality.
607.6.1.15.
Collocation. An application for a small WCF with a new wireless support structure in the public rights-of-way
shall not be approved unless the municipality finds that the proposed
small WCF cannot be accommodated on an existing structure,
such as a utility pole. Any application for approval of a small WCF shall include a comprehensive inventory of all existing
towers and other suitable wireless support structures within a one-quarter
(¼) mile radius from the point of the proposed small WCF, unless the applicant can show to the satisfaction of
the municipality that a different distance is more reasonable and
shall demonstrate conclusively why an existing tower or other suitable
wireless support structure cannot be utilized.
607.6.1.16.
Relocation or Removal of Facilities. Within 90 days following
written notice from the municipality, or such longer period as the
municipality determines is reasonably necessary or such shorter period
in the case of an emergency, an owner of a small WCF in the ROW shall, at its own expense, temporarily or permanently
remove, relocate, change or alter the position of any WCF when the municipality, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
607.6.1.16.1.
The construction, repair, maintenance,
or installation of any municipality or other public improvement in
the right-of-way;
607.6.1.16.2.
The operations of the municipality or
other governmental entity in the right-of-way;
607.6.1.16.3.
Vacation of a street or road or the release
of a utility easement; or
607.6.1.16.4.
An emergency as determined by the municipality.
607.6.1.17.
Reimbursement for ROW Use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject
to the municipality’s right to fix annually a fair and reasonable
fee to be paid for use and occupancy of the ROW. Such compensation
for ROW use shall be directly related to the municipality’s
actual ROW management costs including, but not limited to, the costs
of the administration and performance of all reviewing, inspecting,
permitting, supervising and other ROW management activities by the
municipality. The owner of each small WCF shall pay
an annual fee to the municipality, in an amount specified by the wireless
fee schedule, to compensate the municipality for the municipality’s
costs incurred in connection with the activities described above.
Such fees shall comply with the applicable requirements of the Federal
Communications Commission.
607.7.
Violations Applicable to All Wireless Facilities.
607.7.1.
Penalties. Any person violating any provision of this ordinance shall
be subject, upon finding by a magisterial district judge, to a penalty
not exceeding $500, for each and every offense, together with attorneys’
fees and costs. A separate and distinct violation shall be deemed
to be committed each day on which a violation occurs or continues
to occur. In addition to an action to enforce any penalty imposed
by this ordinance and any other remedy at law or in equity, the municipality
may apply to a federal district court for an injunction or other appropriate
relief at law or in equity to enforce compliance with or restrain
violation of any provision of this ordinance.
607.7.2.
Determination of Violation. In the event a determination is made
that a person has violated any provision of this ordinance, such person
shall be provided written notice of the determination and the reasons,
therefore. Except in the case of an emergency, the person shall have
30 days to cure the violation. If the nature of the violation is such
that it cannot be fully cured within such time period, the municipality
may, in its reasonable judgment, extend the time period to cure, provided
the person has commenced to cure and is diligently pursuing its efforts
to cure. If the violation has been cured within the time allowed,
the municipality may take any and all actions authorized by this ordinance
and/or federal and/or Pennsylvania law and regulations.
607.8.
Insurance and Indemnification of Wireless Facilities.
607.8.1.
Insurance. Each person that owns or operates a wireless communications
facility is required to purchase and maintain general liability insurance
and property damage insurance, as specified herein:
607.8.1.1.
Each person that owns or operates a Tower-Based WCF shall provide the municipality with a certificate of insurance evidencing
general liability coverage in the minimum amount of $5,000,000 per
occurrence and property damage coverage in the minimum amount of $5,000,000
per occurrence covering the Tower-Based WCF.
607.8.1.2.
Each person that owns or operates a Non-Tower WCF shall annually provide the municipality with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering the Non-Tower WCF.
607.8.1.3.
Each person that owns or operates a small WCF shall annually provide the municipality with a certificate of insurance
evidencing general liability coverage in the minimum amount of $1,000,000
per occurrence and property damage coverage in the minimum amount
of $1,000,000 per occurrence covering the small WCF.
607.8.2.
Indemnification. Each person that owns or operates a Tower-Based
WCF, a Non-Tower WCF, or a small WCF shall, at its sole cost and expense, indemnify, defend
and hold harmless the municipality, its elected and appointed officials,
employees and agents, at all times against any and all claims for
personal injury, including death, and property damage arising in whole
or in part from, caused by or connected with any act or omission of
the person, its officers, agents, employees or contractors arising
out of, but not limited to, the construction, installation, operation,
maintenance or removal of each of its WCF. Each person
that owns or operates a Tower-Based WCF, a Non-Tower WCF, or a small WCF shall defend any actions
or proceedings against the municipality in which it is claimed that
personal injury, including death, or property damage was caused by
the construction, installation, operation, maintenance, or removal
of each of its WCF. The obligation to indemnify,
hold harmless and defend shall include, but not be limited to, the
obligation to pay judgments, injuries, liabilities, damages, reasonable
attorneys’ fees, reasonable expert fees, court costs, and all
other costs of indemnification.
607.9.
Miscellaneous.
607.9.1.
Police Powers. The municipality, by granting any permit or taking
any other action pursuant to this section, does not waive, reduce,
lessen, or impair the lawful police powers vested in the municipality
under applicable federal, state, and local laws, and regulations.
607.9.2.
Severability. If any section, subsection, sentence, clause, phrase
or word of this section is for any reason held illegal or invalid
by any court of competent jurisdiction, such provision shall be deemed
a separate, distinct and independent provision, and such holding shall
not render the remainder of this section invalid.
607.9.3.
Effective Date. This ordinance shall become effective five days after
enactment by the Mt. Lebanon Commission.
Community Garage or Parking Lots shall be subject
to the following requirements:
608.1.
Community Garage or Parking
Lots shall be subject to all the provisions of §20-817 Off-Street Parking.
608.2.
Community Garage or Parking Lots shall be used
exclusively for parking of passenger Vehicles.
608.3.
Community Garage or Parking Lots shall be equipped
and controlled to discourage illegal parking, vandalism and other
unlawful or nuisance-creating activities. When so equipped and controlled,
such lots and Garages may be open 24 hours a day.
608.4.
No commercial repair work or services of any kind shall be conducted
in any Community Garage or Parking Lots.
608.5.
No Sign of any kind other than designating entrances, exits
and conditions of Use shall be maintained on any Community
Garage or Parking Lots.
608.6.
Subsurface Community Parking.
608.6.1.
Subsurface parking is not included in the Lot Coverage computations and is authorized to the limits of all Lot and/or Street Right-of-Way lines.
608.6.2.
Subsurface Parking Facility shall be completely
enclosed on all sides and roof. Should any portion of a Parking
Facility project above grade, the portion of the Parking Facility that is above Grade shall
be counted in Lot Coverage calculations and that
portion shall be subject to the Yard Requirements
of the district.
608.6.3.
That portion of the finished surface of the roof within required Yards shall be not more than two feet above Finished
Grade at any point on the perimeter of said facility.
608.6.4.
That portion of the roof within required Yards shall
be used as a plaza or landscaped.
Continuing Care Facilities shall be subject
to the following requirements:
609.1.
Continuing Care Facilities shall be located on property, which consists of one or more Lots and contains a minimum of five acres. If more than
one Lot or parcel is used, they must be contiguous. Continuing Care Facilities occupying more than one Lot or parcel shall obtain Subdivision approval
consolidating such Lots.
609.2.
All mechanical equipment shall be screened from the view of
adjoining properties in accordance with the requirements of this chapter.
609.3.
Height Limitations.
609.3.1.
Any Principal Building in a Continuing Care
Facility shall not exceed 45 feet.
609.3.2.
One Principal Building comprising a portion of a Continuing Care Facility may be increased to no more than
60 feet, provided that the Front, Side and Rear Yards with respect to such Principal
Building adjoining property containing a Single-family or Two-family Dwelling shall be increased by three
feet for each additional one foot of Building Height above 45 feet.
609.4.
Personal Support Services within a Principal Building shall not occupy more than 20% of the
square footage of that Principal Building.
609.5.
The Lot Coverage by all Principal and
Accessory Buildings shall not exceed 40%.
Day Care Centers shall be subject to the following
requirements:
610.1.
No permanently installed play equipment
shall be located in the required Front Yards.
610.2.
Day Care Centers shall be located a minimum
of 1,000 feet from any existing Sexually Oriented Business.
610.3.
Every application for a Day Care Center shall
obtain and maintain licenses from the appropriate state and county
agencies.
Drive-Thrus shall be subject to the following
requirements:
611.1.
Drive-Thrus shall
be prohibited in the Front Yard and shall not be
located to prevent direct pedestrian access from the Public
Right-of-Way to the Principal Building.
611.2.
When adjacent to Residential Uses, Drive-Thrus, including both the facility and queuing lanes,
shall be screened from the adjacent residential properties.
611.4.
In the C-2 District, Drive-Thru establishments,
as Principal Uses, shall be permitted in Front Yards, but shall meet the Front Yard setbacks.
Housing for the Elderly shall be subject to
the following requirements:
612.1.
The Commission shall require a covenant
running with the land, in recordable form, providing that said Dwelling shall be used exclusively for Housing for
the Elderly.
612.2.
In the event any Dwelling for Housing
for the Elderly is at any time and for any reason whatsoever
not used exclusively for Housing for the Elderly,
then, and in that event, the parking requirements for the zoning district
in which said Dwelling is located shall apply.
612.3.
The Site Plan for any proposed Dwelling for Housing for the Elderly shall include the Parking Spaces which the Developer will
provide for the additional Parking Spaces that would
be required if said Dwelling were not used exclusively
for Housing for the Elderly.
612.4.
Alternate schemes for he required additional parking may be
considered by the Commission upon the recommendation of the Planning Board at the time and in the event said Dwelling is not to be used exclusively for Housing
for the Elderly provided that such alternate schemes meet
the zoning requirements in effect at the time.
612.5.
The Commission shall further require a certificate of feasibility
from the State or Federal agency guaranteeing the mortgage on any
proposed Dwelling for Housing for the Elderly stating that a market analysis for the proposed Dwelling has been completed and meets the requirements of said guaranteeing
agency.
Mixed-use developments shall be subject to
the following requirements:
613.1.
Except where specifically authorized
under provisions of this chapter, multiple Uses are
prohibited.
613.2.
Portions of Buildings designated for commercial
purposes shall not be used for dwelling purposes.
613.3.
Portions of Buildings designated for dwelling
purposes shall not be used for commercial purposes.
613.4.
Dwelling Units in any R District shall not
be converted or altered to allow other Uses.
613.5.
This provision shall not be deemed to prohibit the use of a
portion of the Building or Structure as living quarters for caretakers or attendants of Place
of Worship or institutions where such Uses are authorized in any zoning district.
Mobile Home Parks shall be subject to the following
requirements:
614.1.
Mobile Homes in
Mt. Lebanon shall only be allowed in Mobile Home Parks.
614.2.
It shall be unlawful within Mt. Lebanon for any person or persons
to construct or operate a Mobile Home Park without
first securing the required Conditional Use Permit
and approvals from Mt. Lebanon and complying with the regulations
of this chapter.
614.3.
Any Applicant for a Mobile Home Park shall state, that as Developer or Owner, he shall be responsible for the proper maintenance and upkeep of
the proposed park. The Applicant shall furnish the
following information:
614.3.1.
Boundaries of Plat area.
614.3.2.
Entrances, exits and walkways.
614.3.3.
Mobile Home sites or Lots.
614.3.4.
Method and plan of sewage disposal.
614.3.5.
Method and plan of garbage disposal.
614.3.6.
Water supply.
614.3.7.
Electric lighting.
614.3.8.
Owners’ and operators’ name and address.
614.4.
A Mobile Home Park shall have an area of not
less than 15 acres.
614.5.
No Mobile Home or Mobile Home Lot or service Building shall be closer to any Street or road line than 100 feet or closer to any other
property line than 50 feet.
614.6.
Wherever located, a Mobile Home Park shall
conform to the following additional requirements:
614.6.1.
The park shall be located on a well-drained site, with an entrance
road at least 22 feet wide.
614.6.2.
Individual Mobile Home Lots shall have an area of
not less than 3,000 square feet with a minimum width of 40 feet and
a minimum Lot Depth of 75 feet.
614.6.3.
The total number of Mobile Home Lots shall not exceed
12 per acre.
614.6.4.
Margins alongside the front, side and rear property line shall be
densely planted with trees and shrubs for a depth of not less than
25 feet.
614.6.5.
Each Mobile Home shall have an entrance platform
or Patio to conform to the overall plan.
614.6.6.
Each Mobile Home Park shall provide sanitary services
and conveniences including water supply, sewage disposal, Street lighting and garbage disposal, according to this
chapter.
Multi-family Dwellings shall be subject to
the following requirements:
Facilities shall be subject to the following requirements:
616.1.
Any Municipal Facility owned and operated by the Municipality shall not
be required to comply with the area and bulk regulations and off-street
parking and loading standards and requirements of the zoning district
in which the facility is located.
Municipal Garage, Garage or Parking Lots shall
be subject to the following requirements:
617.1.
Municipal Garage or Parking
Lots shall be used exclusively for parking of passenger Vehicles.
617.2.
No commercial repair work or services of any kind shall be conducted
in any Municipal Garage or Parking Lots.
617.3.
No Sign of any kind other than designating entrances, exits
and conditions of Use shall be maintained on any Municipal
Garage or Parking Lots.
617.4.
Subsurface Municipal Garage, Garage or Parking Lots:
617.4.1.
Subsurface parking is not included in the Lot Coverage computations and is authorized to the limits of all Lot and/or Street Right-of-Way lines.
617.4.2.
Subsurface Parking Facility shall be completely
enclosed on all sides and roof. Should any portion of a Parking
Facility project above grade, the portion of the Parking Facility that is above Grade shall
be counted in Lot coverage calculations and that
portion shall be subject to the Yard Requirements
of the district.
617.4.3.
That portion of the finished surface of the roof within required Yards shall be not more than two feet above Finished
Grade at any point on the perimeter of said facility.
617.4.4.
That portion of the roof within required Yards shall
be used as a plaza or landscaped in an appropriate manner.
No-Impact Home-Based Businesses shall be subject
to the following requirements:
618.1.
A Home Occupation Permit shall be required for all No-Impact Home-Based Business before any portion of the Building may be used
for such Use. The Home Occupation permit shall be
issued only upon certification by the Zoning Officer that the business complies with this Section.
618.2.
No more than 350 square feet of the Floor Area of the Dwelling Unit(s), shall be devoted to the No-impact
Home-based Business. This requirement shall not apply to
Adult Family Day Care Homes or Family Day
Care Homes.
618.3.
No stock-in-trade shall be displayed or sold on the Premises.
618.4.
There shall be no Outdoor Storage of Commercial Vehicles, equipment or materials used in the No-Impact Home-Based Business.
618.5.
Not more than one Vehicle used in commerce
shall be permitted in connection with any No-Impact Home-Based
Business and any such Vehicle shall be stored
in an enclosed Garage at all times.
618.6.
No mechanical, electrical, or other equipment that produces
noise, electrical or magnetic interference, vibration, heat, glare,
or other nuisance outside the residential or Accessory Structure shall be used.
618.7.
No No-Impact Home-Based Business shall be permitted
which is noxious, offensive, or hazardous by reason of hours of operation,
vehicular traffic, generation or emission of noise, vibration, smoke,
dust or other particulate matter, odorous matter, heat, humidity,
glare, refuse, radiation, or other objectionable emissions.
618.8.
One unlighted Sign, not over two square feet in area, attached
flat against the Dwelling and displaying only the
occupant’s name and occupation, shall be permitted to advertise
the presence or conduct of the No-Impact Home-Based Business.
618.9.
Any Building or Lot where
more than two domesticated animals are housed, groomed, bred, boarded,
or trained for compensation shall not be considered a No-Impact
Home-Based Business.
Nurseries shall be subject to the following requirements:
619.1.
In the case of a nursery, this chapter
shall not be deemed to prohibit display of flowers or plants outside
of an enclosed Building, provided such display is
within the Lot Lines and not closer than five feet
thereto.
Outdoor Seating/Assembly Areas shall be subject to the following
requirements:
620.1.
In all Commercial Districts, a Restaurant may offer food service on an outdoor seating/assembly
area abutting the Restaurant provided that:
620.1.1.
The Owner furnishes the Zoning Officer with a certificate of insurance, in an amount at least equal to
$1,000,000 per occurrence and $2,000,000 aggregate, indemnifying the Municipality against liability resulting from such use;
620.1.2.
No Restaurant shall serve food or beverage outside
the Building either on the Premises or on an abutting
sidewalk on any Street without first obtaining a
permit from the Zoning Officer;
620.1.3.
The Restaurant shall meet all applicable requirements
of the Municipality, County and State;
620.1.4.
There be maintained on such sidewalk adjacent to the curb a minimum
of five feet of unobstructed space for the passage of pedestrians;
for any such sidewalk along which parallel parking of motor Vehicles is permitted, a minimum of six feet of unobstructed
space adjacent to the curb must be maintained for the passage of pedestrians;
620.1.5.
The outdoor dining area shall be kept clean from all litter and debris.
It shall also be swept and washed with water at the close of each
business day;
620.1.6.
Appurtenances: All Street furniture and appurtenances
must be removed from sidewalks at the close of business each day.
620.1.6.1.
Umbrellas: Table umbrellas must be free of advertising text
and images and are subject to the same setback limitations set forth
in §621.1.6 above;
620.1.6.2.
Space heaters are permitted only with utility hookups. Fuel
tanks are prohibited;
620.1.6.3.
Temporary railings, ropes, fencing or other physical delineations
of the food service area are not permitted;
620.1.7.
The width of the outside dining area cannot exceed the width of the Restaurant’s façade; Restaurants located on a corner may offer sidewalk food service at the corner
and along the second sidewalk for a distance equal to the interior
depth of the Restaurant;
620.1.8.
Outside cooking and food preparation is not permitted;
620.1.9.
No music or other audio performance may be broadcast in the sidewalk
seating area or performed in the sidewalk seating area;
620.1.10.
Sidewalk food service is permitted only between the hours of
7:00 a.m. and 10:00 p.m. on Sunday through Thursday, and between 7:00
a.m. and 11:30 p.m. on Friday and Saturday; and
620.1.11.
The sidewalk food service permit shall be valid for a period
of one year only and must be renewed annually.
Personal Care Home for Adults shall be subject
to the following requirements:
621.1.
A Certificate of Occupancy shall
be required before any Dwelling Unit may be occupied
as a Personal Care Home for Adults.
621.2.
A Certificate of Occupancy shall not be issued until the Building
Inspector certifies that the Dwelling Unit and Structure comply with all applicable provisions of the Mt.
Lebanon Code and the rules and regulations of the Allegheny County
Health Department, and applicable state agencies.
621.3.
No occupancy permit shall be issued for a Structure located 1,000 lineal feet or less from an existing Personal
Care Home for Adults.
621.4.
The Certificate of Occupancy shall be valid for one year and
may be reissued only upon certification by the Building Inspector
that the Structure complies with the aforementioned
codes.
Public Utilities, except Public Utility
Transmission Towers, Communications Antennas and Communication Towers, shall be subject to the
following requirements:
622.1.
Any Structure shall
be set back not less than 25 feet from all property lines or the minimum
setback requirements of the applicable zoning district, whichever
is greater.
622.2.
No parking or storage areas/facilities shall be located in the
front setback.
622.4.
The storage of Vehicles and equipment on the Premises shall be prohibited.
622.5.
All Buildings and Structures shall either have exteriors which give the appearance of a Structure permitted in the district where located or shall
be screened from view from any Private property located
in any residential district; any such screening located in or adjoining
any Front Yard shall be limited to vegetation which
provides effective year-round screening.
622.6.
All such Uses shall be Fenced where any hazard to the safety of human or animal life is present.
622.7.
No service or storage yard or Building shall
be permitted except as permitted for other Uses in
the district.
622.8.
The level of noise emanating from such Use shall not exceed
66 decibels (dB) by day and 45 dB by night measured at any Lot Line which is also the Lot Line of
a property in a residential or Planned Development District, or a
permitted or conditionally permitted Residential Use in any other
zoning district, if the Residential Use was established
prior to the establishment of the utility.
Single-family Attached Dwellings shall be subject
to the following requirements:
624.1.
It shall be a violation of this Ordinance
if a person operates or causes to be operated a Sexually Oriented
Business in any zoning district other than the C-2 District.
624.2.
A Sexually Oriented Business shall require
a Special Exception permit from the Zoning
Hearing Board.
624.3.
It shall be a violation of this Ordinance if a person operates
or causes to be operated a Sexually Oriented Business within 500 feet of:
624.3.1.
A church, synagogue, mosque, temple, or Building which is used primarily for religious worship and related religious
activities;
624.3.2.
A Public or Private educational
facility including, but not limited to, child day care facilities,
nursery Schools, preschools, kindergartens, elementary Schools, Private Schools, intermediate Schools, junior high Schools, middle Schools, high Schools, vocational Schools, secondary Schools, continuation Schools, special education Schools, junior
colleges, and universities; School includes the School grounds, but does not include facilities used primarily
for another purpose and only incidentally as a School;
624.3.3.
A Public Park or Recreational Area which has been
designated for park or recreational activities including, but not
limited to, a park, playground, nature trails, swimming pool, reservoir,
athletic field, basketball or tennis courts, pedestrian/bicycle paths,
wilderness areas, or other similar Public land within
the Municipality which is under the control, operation,
or management of the Municipality park and recreation
authorities;
624.3.4.
An entertainment business which is oriented primarily towards children
or family entertainment; or
624.3.5.
Any Premises licensed pursuant to the alcoholic beverage control
regulations of the Commonwealth.
624.4.
It shall be a violation of this Ordinance if a person operates
or causes to be operated a Sexually Oriented Business within 100 feet of a boundary of an R-1 or R-2 residential zoning
district.
624.5.
Regulations pertaining to exhibition of sexually oriented films,
videos, or live entertainment in viewing rooms:
624.5.1.
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, video cassette, live entertainment,
or other video reproduction which depicts specified sexual activities
or Specified Anatomical Areas, shall comply with
the following requirements:
624.5.1.1.
One employee must be on duty at all times that any patron is
present inside the Premises;
624.5.1.2.
The interior of the Premises must 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 equipment. If the premises have
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 manager’s station.
624.5.1.3.
The view area specified in §625.5.1.2 must remain unobstructed
by any doors, curtains, partitions, walls, merchandise, display racks,
or other materials.
624.5.1.4.
No viewing room may be occupied by more than one person at any
time.
624.5.1.5.
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 five foot-candles as measured at the floor level.
624.5.1.6.
The illumination required in §625.5.1.5 must be maintained
at all times that any patron is present in the Premises.
624.5.1.7.
No openings of any kind shall exist between viewing rooms or
booths.
624.5.1.8.
No person shall make or attempt to make an opening of any kind
between viewing booths or rooms.
624.5.1.9.
All floor coverings in viewing booths must be non-porous, easily
cleanable surfaces, with no rugs or carpeting.
624.5.1.10.
All wall surfaces and ceiling surfaces in viewing booths must
be constructed of, or permanently covered by, nonporous, easily cleanable
material. No wood, plywood, composition board, or other porous material
shall be used within 48 inches of the floor.
624.6.
The operation, establishment, substantial enlargement, or transfer
of ownership or control of a Sexually Oriented Business may not occur within 1,000 feet of another Sexually Oriented
Business.
624.7.
The operation, establishment, or maintenance of more than one Sexually Oriented Business is not permitted in the same Building, Structure, or portion thereof,
nor is the increase of floor area of any Sexually Oriented
Business in any Building, Structure, or portion thereof containing another Sexually Oriented
Business.
624.8.
For the purpose of §625.3 of this Section, measurement
shall be made in a straight line, without regard to the intervening
structures or objects, from the nearest portion of the Building or Structure used as the part of a Premises where a Sexually Oriented Business is conducted,
to the nearest property line of the Premises of a Use listed in §625.3. The presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Section.
624.9.
For the purposes of §625.6 of this Section, the distance
between any two sexually oriented business shall be measured in a
straight line, without regard to the intervening structures or objects
or political boundaries, from the closest exterior wall of the structure
in which each business is located.
624.10.
Any Sexually Oriented Business lawfully
operating on September 5, 2005, that is in violation of §625.3
and/or §625.6 shall be deemed a Nonconforming Use. The Nonconforming Use will be permitted to continue
for a period not to exceed one year, unless sooner terminated for
any reason or voluntarily discontinued for a period of 30 days or
more. Such Nonconforming Uses shall not be increased,
enlarged, extended, or altered except that the Use may be changed to a conforming Use. If two or more Sexually Oriented Businesses are located within 1,000 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(es) is/are nonconforming.
624.11.
Hours of Operation. No Sexually Oriented
Business, except for an Adult Motel, may
remain open at any time between the hours of 1:00 a.m. and 8:00 p.m.
on weekdays and Saturdays, and 1:00 a.m. and 12:00 p.m. on Sundays.
624.12.
Additional Regulations for Escort Agencies. An Escort Agency shall not employ any person under
the age of 18 years.
624.13.
Additional Regulations concerning Public
Nudity:
624.13.1.
A person may not knowingly and intentionally, in a Sexually
Oriented Business, appear in a state of Nudity or engage
in Specified Sexual Activities.
624.13.2.
Only employees of Sexually Oriented Business may appear in a Semi-Nude Condition, and the employee
must, while Semi-Nude, be at least six feet from
any patron or customer and on a stage at least two feet from the floor.
624.13.3.
Employees, while Semi-Nude in a Sexually
Oriented Business, may not receive directly any pay or gratuity
from any patron or customer, nor may any patron or customer pay or
give any gratuity directly to any employee while that employee is Semi-Nude in a Sexually Oriented Business.
624.13.4.
Employees, while Semi-Nude in a Sexually
Oriented Business, may not knowingly and intentionally touch
a customer or the clothing of a customer.
Except as otherwise expressly provided in this Section, temporary Uses are permitted subject to the standards hereinafter
established.
625.1.
Particular Temporary Uses Permitted. Subject to the specific regulations and time limits that
follow, and to the other applicable regulations of the district in
which the Use is permitted, the following temporary Uses of land are permitted in the zoning districts herein
specified:
625.1.1.
Contractors’ Offices, Equipment Sheds and Construction Staging
Areas.
625.1.1.1.
Contractors’ Offices, equipment sheds
and construction staging areas containing no sleeping or cooking accommodations
may be permitted in any district when accessory to a construction
project.
625.1.1.2.
Temporary storage shall be allowed as an Accessory Use to the contractor’s office or equipment shed.
625.1.1.3.
Such use shall be limited to a period not to exceed the duration
of such project.
625.1.2.
Indoor and Outdoor Art and Craft Shows, Exhibits and Sales.
625.1.2.1.
Indoor and outdoor art craft shows, exhibits and sales may be
permitted in any Commercial District, or in any Public Park adjacent to a Residential District subject to approval of the Municipality.
625.1.2.2.
Such use shall be limited to a period not to exceed five days.
625.1.2.3.
Such use shall be limited to two events/year for each organization.
625.1.3.
Real Estate Offices.
625.1.3.1.
Real estate Offices containing no sleeping
or cooking accommodations unless located in a model Dwelling
Unit may be permitted in any district when accessory to a
new housing development.
625.1.3.2.
Such use shall be limited to the period of the active selling
or leasing of Dwelling Units in such development.
625.1.4.
Seasonal Sales.
625.1.4.1.
Seasonal sales, including, but not limited to, Christmas tree
sales, may be permitted in any Commercial District and in any residential
district on property owned by any not-for-profit group or organization
when conducted by such group or organization and when approved by
the Zoning Officer on the basis of the adequacy of
the parcel size, parking provisions and traffic access and the absence
of undue adverse impact on other properties in the residential district.
625.1.4.2.
Such use shall be limited to a period not to exceed 45 days.
625.1.4.3.
Display of Christmas trees need not comply with the Yard and setback requirements of this chapter, except that
no tree shall be displayed within 30 feet of the intersection of the
curb-lines of any two Streets.
625.2.
Parking. Before approving any temporary use, the Zoning
Officer shall make an assessment of the total number of off-street Parking Spaces which shall be reasonably required for the
particular use, its intensity, and the availability of other Parking Facilities in the area and shall approve such temporary
use only if such off-street parking is provided.
625.3.
Hours or Days of Operation. No temporary use shall be operated
during any hours or on any days of the week except such as are designated
by the Zoning Officer on the basis of the nature
of the temporary use and the surrounding Uses.
Vehicle Rental Services shall be subject to
the following requirements:
626.1.
No repairs, other than minor repairs,
shall be performed on the Premises and any such minor
repairs shall be performed only within the Principal Building on the Premises.
626.2.
Screening shall be provided along all Lot Lines abutting or adjacent to residentially zoned or developed property,
to block any view of the Use, its operations and
stored materials and equipment from all points on such residential
property when viewed from ground level.
626.3.
Outdoor display of rental Vehicles shall be
set back a minimum of 20 feet from all Lot Lines abutting
residentially zoned or developed property.
626.4.
Setback areas shall be designed to prevent access by rental Vehicles.
626.5.
Landscaping shall be a minimum of 10 feet in width along all Street Frontage(s).
Vehicle Repair Services shall be subject to
the following requirements:
627.1.
All Vehicles located
on the Premises and awaiting repairs shall be subject
to an active work order.
627.2.
All repairs shall be performed within an enclosed Principal
Building on the Premises.
627.3.
All permanent storage of material, merchandise and equipment
shall be within the Principal Building, with the
exception of refuse and trash which shall be stored in closed containers
and in an area screened from view at all points on any Public or Private property or Street when
viewed from ground level.
627.4.
No petroleum products or hazardous wastes shall be buried or
disposed of on the Premises.
627.5.
Any used tires kept on the Premises shall be
covered, screened, and removed from the Premises at
regular intervals and shall not exceed 50 in number at any time.
627.6.
Sufficient screening shall be provided along all Lot
Lines abutting or adjacent to residentially zoned or developed
property to block any view of repair operations and stored material
and equipment from all points on such residential property when viewed
from ground level.
627.8.
Any business engaged in a towing service shall remove from the Lot any Vehicles within 24 hours, unless
they are stored in a Building or subject to an active
work order.
Vehicle Sales Areas shall be subject to the
following requirements:
628.1.
All Vehicle Sales Areas shall require a sales Building associated with
the business.
628.2.
One Vehicle may be allowed for every 1,000
square feet of Lot Area.
628.3.
Outdoor Vehicle Storage shall be surfaced with
an asphalt or portland cement binder pavement providing an all-weather,
durable, and dustless surface and shall be graded and drained to dispose
of surface water accumulation by means of a positive stormwater drainage
system connected to a Public sewer system.
628.4.
No repairs, other than minor repairs, shall be performed on
the Premises and any such minor repairs shall be
performed only within the Principal Building on the Premises.
628.5.
All permanent storage of material, merchandise and equipment
shall be within the Principal Building, with the
exception of refuse and trash which shall be stored in closed containers
and in an area screened from view at all points on any Public or Private property or Street when
viewed from ground level.
628.6.
Sufficient screening shall be provided along all Lot
Lines abutting or adjacent to residentially zoned or developed
property to block any view of repair operations and stored material
and equipment from all points on such residential property when viewed
from ground level.
Vehicle Service Stations shall be subject to
the following requirements:
629.1.
No open-air Outdoor Storage of materials, merchandise and equipment shall be permitted during
non-business hours. Automobile supplies may be displayed for sale
at gasoline pumps at a distance not to exceed five feet from the pumps.
629.2.
Storage of materials, merchandise and equipment during non-business
hours shall take place within the Principal Building or within closed, secure containers such as Outdoor Storage cabinets.
629.3.
Refuse and trash may be stored outdoors at all times only if
placed in closed containers located in an area screened from view
at all points on any Public or Private property or Street when viewed from ground level.
629.4.
No partially dismantled, wrecked, or unlicensed Vehicle shall be stored for more than 72 hours outside of a completely enclosed Building.
629.5.
Screening shall be provided along all Lot Lines abutting or adjacent to residentially zoned or developed property
to block any view of Vehicle Service Station operations
and stored material and equipment from all points on such residential
property when viewed from ground level.
629.6.
An accessory Car Wash shall have no more than a single point
of access for entering and exiting, shall be arranged to prevent Drive-Thru operation, and shall be limited to a single bay.
630.1.
A Brewpub or a Brewery must provide
that all shipping traffic must have adequate access to an arterial
or collector street and cannot be required to travel through a residential
neighborhood on local streets.
630.2.
Brewpubs must maintain at least 15% of the gross floor area
or 500 square feet of floor space, whichever is greater, for public
use as a tavern and/or restaurant use.
630.3.
Brewpubs may not exceed 4,000 square feet of gross floor area.
630.4.
Brewpubs may not exceed an annual production of 15,000 barrels,
all beverages totaled. Brewpubs are required to be able to demonstrate,
upon request of the Zoning Officer, that they have not exceeded the
15,000 barrel annual limit in any twelve-month period.
630.5.
Breweries may not exceed 15,000 square feet in gross floor area.
630.6.
All truck parking and loading docks or areas must be screened
with landscaping.
Medical Marijuana Dispensaries and Medical Marijuana Growing/Processing Facilities shall be
subject to the following requirements:
631.1.
Medical Marijuana Facilities shall obtain and maintain licenses from the appropriate
state and county agencies.
631.2.
Medical Marijuana Facilities shall not be established
or operated within 500 feet of an existing School, Public playground, Public park,
Day care or Nursery School, Place of Worship.
Warehousing/Self-Storage Facilities shall be
subject to the following requirements:
632.1.
The facility’s operating hours
will be from 7:00am to 10:00pm
632.2.
An on-site manager will be available at all times during the
facility’s established operating hours.
632.3.
No outside storage of customer goods shall be permitted.
632.4.
No hazardous materials or flammable items will be permitted
to be stored in the facility.
632.5.
Customers shall not be permitted to operate a business or equipment
within a Self-Storage unit.
632.6.
The size of a Self-Storage unit shall not exceed
1,000 square feet.
