Consistent with the spirit, purposes and the intent of this chapter.

In the best interest of Baldwin, the convenience of the community, the public welfare and be a substantial improvement to the property in the immediate vicinity.

Suitable for the property in question and designed, constructed, operated and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.

In conformance with all applicable requirements of this chapter and all other Baldwin Borough ordinances.

The proposed equipment would not exceed the structural capacity of the existing or approved towers.

The proposed equipment will not cause RF (radio frequency) interference with other existing or proposed equipment for that tower or surrounding towers of residents in the vicinity.

Addition of the proposed equipment would not result in NIER (nonionizing electromagnetic radiation) levels which exceed any adopted local, federal or state emission standards.

The shared use of towers and/or existing structures, such as water tanks, steeples and buildings, shall be encouraged; if shared use of an existing tower or structure is proposed, the applicant shall demonstrate that it is in compliance with all of the conditions of Subsection J(1) through (14) and (16) hereof, and shall be subject further to the following express standards and criteria:

A written application for a special exception is submitted to the Zoning Officer, indicating the section of this chapter under which it is required.

Notice is given.

A public hearing is held.

For the purpose of this subsection, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church, public or private pre-elementary, elementary or secondary school, public library, day care, day nursery; or to the nearest boundary of an affected public park.

Proposed use would be less intensive in external impacts and nuisances than uses that are permitted in the zoning district.

Proposed use would be closely similar in impacts and character to uses permitted in that zoning district.

Use is not specifically prohibited in that zoning district.

Any fence located in the required front yard in a residential district shall:

In a residential district on a corner lot at the intersection of two streets, the maximum height of a fence shall be 38 inches along the street from which the residence takes its address; the maximum in other yards shall be six feet, all subject to Subsection C(5)(a)[2] above.

Brick may be used for posts or as a base for a fence, provided the maximum fence height is not exceeded.

A fence shall not be required to comply with minimum setbacks for accessory structures.

Fences that are not within a residential district shall have a maximum height of eight feet, subject to Subsection C(2) above.

A maximum height of 12 feet shall be permitted where the applicant proves to the Zoning Officer that such taller height is necessary to protect public safety around a specific hazard, such as around an electric substation.

Structural posts of a fence may extend above the height of the fence.

All fence heights shall be measured from the average surrounding ground level.

No fence shall be built within an existing street right-of-way.

A fence may be built without a setback from a lot line; however, a small setback is recommended to provide future maintenance of the fence.

Barbed wire shall not be used as part of fences around dwellings.

No fence shall be constructed out of fabric, junk, junk vehicles, appliances, tanks or barrels.

If one side of a fence includes posts or supports, those posts or supports shall be placed on the interior of the fence, as opposed to facing onto a street or another lot.

If a fence is finished only on one side, the finished side shall face outward away from the lot or parcel upon which it is located.

Engineered retaining walls needed to hold back slopes are exempted from the regulations of this section and are permitted by right as needed in all zoning districts.

Walls, except a retaining wall, in the minimum front yard in a residential district shall have a maximum height of 38 inches. In a residential district on a corner lot at the intersection of two streets, the maximum height of a wall shall be 38 inches along the street from which the residence takes its address; the maximum in other yards shall be six feet.

Walls that are structurally part of a building shall be regulated as part of that building.

All wall, fence and hedge heights shall be measured from the average surrounding ground level.

The diameter of the microwave antenna shall not exceed 10 feet.

When separately supported, the total height of the microwave antenna shall not exceed 12 feet.

The microwave antenna shall be located only in the rear yard and not closer than 15 feet to any property line.

When roof-mounted, the microwave antenna shall be located on the portion of the roof sloping away from the front of the lot, and no part thereof shall project above the height line; except, however, that those satellite dishes that are less than one meter (39 inches) in diameter may be mounted on that portion of the roof sloping toward the front of the lot. The Zoning Officer may waive the provisions of this section of the chapter if the property owner can definitively demonstrate that the property owner's reception will be of an unacceptable quality or that the installation, maintenance or use will be prevented by this section of this chapter.

No more than one microwave antenna shall be permitted on any lot.

When not roof-mounted, the microwave antenna shall be screened from adjoining lots by the installation and maintenance of a completely planted visual barrier to consist of evergreen plantings or any other inexpensive shrubbery.

Before the erection of any microwave antenna which requires a height in excess of 12 feet, or which has a diameter of more than one meter (39 inches), a permit application shall be made to the Borough and a permit shall be issued, provided that the construction meets all acceptable safety standards and other provisions of this chapter.

No microwave antenna may be erected in any district or any location within a district which is prohibited by regulation of the Federal Communications Commission or other regulatory agency having jurisdiction.

Microwave antennas shall be properly anchored and installed to resist a minimum wind load of 30 pounds per square foot of projected horizontal area. Supports, anchors and foundations shall take into account overturning movements and forces created by wind loading. The safety factor against overturning or sliding for wind forces on microwave antennas shall be 2.0.

Nothing contained in this section shall be construed to permit as a permissible accessory use a microwave antenna for satellite communication used or intended to be used for the propagation or transmission of radio or electromagnetic waves.

Conducted on the same lot as the principal use to which it is related; and

Clearly incidental to, and customarily found in connection with, the principal use or structure.

The construction and location of any accessory use building shall be approved by the Zoning Officer.

No person shall erect or install an accessory use building without having first obtained a building permit.

All accessory use buildings shall be fully enclosed and shall have a maximum floor area of 150 square feet and a maximum external height of 12 feet measured from grade level at the door entrance.

All accessory use buildings shall be located in the rear yard. The minimum distance between a side lot line and the accessory use building shall be the same as the distance between the dwelling and the side lot line but not less than five feet. The minimum distance between the accessory use building and the rear lot line shall be five feet. Accessory use buildings shall not be located or enlarged by additions without obtaining a new building permit.

All accessory use buildings shall be painted in harmony with the dwelling located on the lot; the building shall be maintained in suitable repair and shall not be permitted to become unsafe or unsightly; the building shall not be used for any habitable purpose or for the storage, either temporary or permanent, of any vehicle licensed to travel on any road or highway; the building shall be kept free from objectionable odors; and the area immediately adjacent to the building shall not be used for the storage of any material; nor shall any accessory building be located within or upon any easement running over and upon the subject property.

Parking spaces shall be clearly delineated by painted lines or markers.

Stalls shall be provided with bumper guards or wheel stops when necessary for safety or protection to adjacent structures or landscaped areas.

Surface drainage shall be connected to the existing or proposed drainage system.

All vehicular entrances and exits to parking areas shall be clearly designated for all conditions.

Short-term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings.

If spaces are used during evening hours, appropriate lighting shall be provided.

A planted visual barrier or landscape screen shall be provided and maintained by the owner or lessee of a property between any district and contiguous residentially zoned districts, except where natural or physical man-made barriers exist. This screen shall be composed of plants and trees arranged to form a low level and a high level screen. The buffer area for screening when abutting a residential district shall be a minimum of 25 feet. The high level screen shall consist of trees planted with specimens no younger than three years in age and planted at intervals of not more than 10 feet. The low level screen shall consist of shrubs or hedges planted at an initial height of not less than two feet and spaced at intervals of not more than five feet. The low level screen shall be placed in alternating rows to produce a more effective barrier. The low screen shall consist of a spread of 2 1/2 feet. The high screen shall consist of the calibration of 2 1/2 inches and a minimum of 15 feet in height. Screening must be maintained and replaced when necessary by the property owner.

Any existing business affected by these regulations at the time of passage of this chapter shall not be required to comply with the above screening requirements except in case of enlargement or major alteration of such business. Similarly, for any zoning district boundary change after the passage of this chapter initiated by a residential developer abutting a commercially or industrially zoned property for which these regulations apply, these screening requirements shall not be imposed upon such commercial or industrial property.

Any article or material stored temporarily outside an enclosed building or as an incidental part of the primary operation shall be so screened by opaque ornamental fencing, walls or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level. All organic rubbish or storage shall be contained in airtight verminproof containers which shall also be screened from public view.

Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with an overall landscape plan and shall be in keeping with natural surroundings. A replacement program for nonsurviving plants should be included.

The plot plan must show a satisfactory method of irrigating all planted areas. This may be either by a permanent water system or by hose. Any single parking area with 50 or more spaces shall utilize at least 5% of its area in landscaping, which shall be in addition to open area requirements of the district.

The interior circulation of traffic shall be designed so that no driveway or street providing parking spaces shall be used as a through street. If parking spaces are indicated by lines with angles other than 90°, then traffic lanes shall be restricted to one-way, permitting head-in parking. No driveway or street used for interior circulation shall have traffic lanes less than 10 feet in width.

Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuel and other service vehicles shall be adequate in size and shall be so arranged that they may be used without blockage or interference with the use of accessways or automobile parking facilities.

All accessways to any public street or highway shall be designed in a manner conducive to safe ingress and egress, as determined by the Planning Commission and the Borough Council. Where practicable, exits shall be located on minor, rather than major, streets or highways.

No design shall be approved which is likely to create substantial traffic hazards endangering the public safety. Safety requirements which may be imposed in such a review shall include traffic control devices, acceleration or deceleration lanes, turning lanes, traffic and lane markings and signs. The developer shall be responsible for the construction of any such traffic control devices.

Encourage the effective use of signs as a means of identification and communication.

To maintain and enhance the Borough's unique community aesthetic and character.

To promote pedestrian and vehicular safety and prohibit the erection of signs in such numbers, sizes and designs, and locations that may create a hazard to pedestrian and vehicular traffic.

To minimize adverse effect of signs on nearby public and private property.

To promote and protect the public health, safety, morals, and general welfare of the Borough.

To promote the installation of signs that are complementary to the buildings they serve and consistent with the general character of the surrounding development.

To provide adequate identification for locations within the Borough while minimizing sign clutter and confusion.

To avoid the uncontrolled proliferation of signs.

To promote legibility, reduce the time needed to read signs, and reduce vehicular driver distraction.

To restrict signs that overload the public's capacity to receive information or that increase the probability of traffic congestion and accidents by distracting attention or obstructing vision.

To avoid potential hazards to motorists and pedestrians using the public streets, sidewalks, and rights-of-way.

To control public nuisances created by signs.

No sign or sign structure shall be erected, displayed, altered, or relocated, except as provided for herein, until a sign permit has been issued by the Zoning Officer. A separate permit shall be required for each sign requiring a permit.

Applications for a permit shall be submitted on a form provided by the Borough and fee paid as set forth by the Borough fee schedule, as amended from time to time.

Address markers.

Signs erected by a public agency or utility providing warning or information to the public, and any signs erected by the Borough or under direction of the Borough.

Signs denoting the availability of property for lease or sale, a maximum of 12 square feet in area and a maximum of one sign per property. Such signs shall be permitted only if the property on which the sign is located, or a building thereon, is for lease or sale. No such sign shall be located within the public right of way.

Political signs. Such signs shall be removed within seven days after the political event for which they were intended.

Temporary event signs and banners announcing a nonprofit event of a civic organization for noncommercial purposes, provided that there is only one sign per property and the sign shall not exceed 32 square feet in area, and the sign shall be erected for a period not to exceed 30 days prior to the start of the event and removed within three days after the conclusion of the event.

Signs announcing special events, including but not limited to: auctions, grand openings, new management, going-out-of-business and similar special, limited-time events of a defined duration, provided that such signs shall be displayed for a maximum of 14 consecutive days per special event and there shall be only one sign per occupied tenant space. The sign permit application for such signs shall define the special event duration and dates.

The following temporary signs may be erected without a sign permit:

Other temporary signs. All other temporary signs, including but not limited to those which advertise or announce community, civic, educational, charitable, or religious projects, special events, political campaigns, and the like, and including, but not limited to, signs placed in anticipation of an upcoming election or during other similar political campaigns or events, shall meet the following requirements:

Prohibited signs.

Setbacks and location.

Lighting.

The following signs are permitted in residential zoning districts:

In nonresidential zoning districts, all of the following signs are permitted:

All signs shall meet the following requirements, unless otherwise specified.

See § 168-400G, Billboards.

As a part of the construction or alteration of a building or the grading incidental to such building;

In connection with normal lawn preparation and maintenance;

In connection with the construction or alteration of a street or utility improvement.

Provide for and control lighting in outdoor public places where public health, safety and welfare are potential concerns.

Protect drivers and pedestrians from the glare of nonvehicular light sources.

Protect neighbors, the environment and the night sky from nuisance glare and light trespass from improperly selected, placed, aimed, applied, maintained or shielded light sources.

Promote energy-efficient lighting design and operation.

Protect and retain the intended visual character of the various municipality venues.

All uses within the municipality where there is interior or exterior lighting that creates a nuisance or hazard as viewed from the outside, including, but not limited to, residential, commercial, industrial, public and park/sports and institutional uses, and sign, billboard, architectural and landscape lighting.

The municipality may require lighting be incorporated for other uses, applications and locations or may restrict lighting in any of the above uses or applications when health, safety and/or welfare are issues.

The glare-control requirements herein contained apply to lighting in all uses, applications and locations.

Temporary seasonal decorative lighting is exempt from all but the glare-control requirements of this section. Temporary seasonal decorative lighting is defined as temporary electrical power and lighting installations to be used for holiday decorative lighting and similar purposes. Temporary decorative lighting shall not be permitted, or exist, for a period exceeding 60 days.

Emergency lighting, as may be required by any public agency while engaged in the performance of its duties, or for illumination of the path of egress during an emergency as described in NFPA 75 and NFPA 101, are exempt from the requirements of this section.

Illumination levels. Lighting, where required by this section, or otherwise required or allowed by the municipality or other applicable jurisdiction, shall have illuminances, uniformities and glare control in accordance with the recommended practices of the Illuminating Engineering Society of North America (IESNA), unless otherwise directed by the municipality.

Luminaire design.

Control of glare.

Installation.

Maintenance. Luminaires and ancillary equipment shall be maintained so as to always meet the requirements of this section.

Billboards and signs. The lighting of new, or the relighting of existing, billboards and signs shall require a building permit, which shall be granted when the municipality is satisfied that excessive illumination, light pollution, glare and light trespass have been adequately mitigated, and shall be subject to the following requirements:

For residential developments where lot sizes are, or average, less than 20,000 square feet, if the municipality so directs, street lighting shall be provided at:

In residential developments with lots of less than 20,000 square feet, where five or more common contiguous parking spaces are proposed, such spaces shall be illuminated.

In multifamily developments, common parking areas of four spaces or greater shall be illuminated.

Racetracks and such recreational venues as golf driving ranges and trapshooting facilities that necessitate the horizontal or near horizontal aiming of luminaires and projection of illumination shall not be permitted to be artificially illuminated.

Sporting events shall be timed to end at such time that all lighting in the sports facility, other than lighting for safe exit of patrons and participants, shall be extinguished by 11:00 p.m., regardless of such occurrences as extra innings or overtimes.

The municipality reserves the right to limit the number of illuminated sporting events per week or season.

Maximum mounting heights for recreational lighting shall be in accordance with the following.

To assist the municipality in determining whether the potential impacts of proposed lighting have been suitably managed, applications for illuminating recreational facilities shall be accompanied not only with the information required under Subsection U(6) below, but also by a visual impact plan that contains the following:

A plan or plans of the site, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), existing and proposed trees, and adjacent uses that might be adversely impacted by the lighting. The lighting plan shall contain a layout of all proposed and existing luminaires, including, but not limited to, area, architectural, building entrance, canopy, soffit, landscape, flag, sign, etc., by location, orientation, aiming direction, mounting height, lamp, photometry and type.

A ten-foot-by-ten-foot illuminance grid (point-by-point) plot of maintained horizontal footcandles overlaid on the site plan, plotted out to 0.0 footcandles, which demonstrates compliance with the light trespass, illuminance and uniformity requirements as set forth in this section or as otherwise required by the municipality. When the scale of the plan, as judged by the municipality, makes a ten-foot-by-ten-foot grid plot illegible, a more legible grid spacing may be permitted.

Light-loss factors, IES candela test-filename, initial lamp-lumen ratings and specific lamp manufacturer's lamp ordering nomenclature used in calculating the plotted luminance levels.

Description of the proposed equipment, including luminaire catalog cuts, photometries, glare-reduction devices, lamps, on/off control devices, mounting heights, pole foundation details, pole protection means and mounting methods.

Landscaping plans shall contain luminaire locations, demonstrating that the site lighting and landscaping have been coordinated to minimize conflict between vegetation and intended light distribution, both initially and at vegetation maturity.

When requested by the municipality, applicant shall also submit a visual-impact plan that demonstrates appropriate steps have been taken to mitigate potential consequences of on-site and off-site glare and to retain the intended character of the municipality. This plan may require the inclusion of initial vertical footcandle values at specific off-site venues, e.g., bedroom windows of adjacent residential uses.

Plan notes. The following notes shall appear on the lighting plan:

Safety hazards.

Nuisance glare and inadequate illumination levels.

Any luminaire or lighting installation existing on the effective date of this section that does not conform with the requirements of this section shall be considered lawful nonconformance.

A nonconforming luminaire or lighting installation shall be made to conform with the requirements of this section when:

Regardless of the requirements above, when requested by the municipality, nonconforming luminaires and lighting installations shall be made to conform with the requirements of this section or removed within three years from the effective date of this section.

A violation, or suspected violation, of this section may be reported to the Borough through any of it officers, agents or employees, who shall report same to the Code Enforcement Official, designated as such by the Borough from time to time.

Any person or entity violating any of the requirements of this section be issued a citation by the proper municipality official and, upon conviction of same before the District Justice, shall be subject to a fine of not less than $50 nor more than $500 and/or imprisonment for not more than 30 days. Each day that a violation continues shall be deemed a separate offense, and a separate fine may be imposed.

Lawful uses located either within a building or other structure, or part thereof, or on the land or in combination of both which, at the effective date of this chapter or subsequent amendment thereto, become nonconforming, may be continued so long as they remain otherwise lawful, including subsequent sales of the property.

Nonconforming buildings, structures or land shall not be added to or enlarged upon any manner, unless said building, structure or land, including additions and enlargements, is made to conform to all the regulations of the district in which they are located. No structure alterations may be made other than those ordered by an authorized public officer to assure the safety of a nonconforming building or structure.

If a building or structure is conforming as to use, but nonconforming as to area and bulk regulations or off-street parking requirements, said building or structure may be enlarged or added to, provided that the enlargement or addition complies with the area and bulk regulations and the existing building and the addition comply with the off-street parking regulations of the district in which said building or structure is located.

No nonconforming building or structure shall be moved, in whole or in part, to another location on the lot unless every portion of said building or structure is made to conform to all the regulations of the district in which it is located.

If a nonconforming use of land or building ceases operations for a continuous period of more than 12 months, then this shall be deemed to be an intent to abandon such use, and any subsequent use of land shall conform to the regulations of this chapter.

A nonconforming use of a conforming building or structure (i.e., residential use of a commercial building) shall not be expanded into any other portion of such conforming building or structure nor changed except to a conforming use. If such a nonconforming use or a portion thereof is discontinued or changed to a conforming use, any future use of such building, structure or portion shall be in conformity with the regulations of this chapter.

Whenever a use district shall be hereinafter changed, any existing nonconforming use in such changed district may be continued or changed to another nonconforming use of the same or higher classification, provided that no structural alterations are made other than those ordered by an authorized public officer to assure the safety of the building or structure.

In the event that a nonconforming use in any district is destroyed or partially destroyed by fire, explosion or other cause, or otherwise damaged to the extent of 50% or more or of its bulk of all buildings, structures and other improvements on the lot, such nonconforming use shall terminate and the lot shall thereafter be used only for conforming uses. Nothing in this article shall be construed to prevent the restoration and the resumption of a former lawful use of any building that is damaged or partially destroyed by fire or other calamity or by act of God to the extent of 50% or less, provided that such restoration is started within one year and diligently prosecuted to completion. No nonconforming building that is completely destroyed or damaged or partially destroyed in any of the above manners to a greater extent than 50% or voluntarily razed or required by any law to be razed by the owner thereof may thereafter be restored except in full conformity with all the provisions of this chapter as to building and use. The proportionate extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the building to its condition prior to such damage or partial destruction, to the estimated cost of duplicating the entire building as it existed prior thereto. Estimates for this purpose shall be furnished by the Borough Engineer.

In any case, whether conforming or nonconforming, the remains of any building, if destroyed, must be removed from the premises within three calendar months so that the same is not or shall not remain as a nuisance thereon, and in any event, a residence in a commercial area which has been completely or partially destroyed may be rebuilt without any variance.