Blawnox, PA Zoning Ordinance

Nothing in this chapter shall require any change in construction or use of any structure for which a building permit was lawfully issued prior to the effective date of this chapter, or any amendment thereto, provided that construction has begun, or a contract or contracts have been let pursuant to the permit issued prior to the effective date of this chapter.

However, any building permit which was issued 30 days prior to the adoption of this chapter shall be declared void at the time of adoption of this chapter if the structure or use does not conform to the provisions of this chapter and if no substantial construction has begun or contract(s) let.

Principal building. In the R-1 District, there shall be only one principal building on each zoning lot.

Mixed uses. Land, buildings, and structures shall be designed and used only for authorized uses within respective zoning districts. Except where specifically authorized by this chapter, multiple uses of land, buildings or structures are prohibited.

Dwelling in a basement. No dwelling unit or units shall be contained in a basement or cellar.

Trash and garbage disposal storage.

In C-1, and I-I Districts and for conditional uses in R/C-1 and CD Districts, exterior trash or garbage storage shall be screened from a public street or adjacent property.

The first violation shall result in the issuance of a written warning which shall provide that the violation must be corrected within 14 days. A second violation shall result in the assessment of a fine of $50. Any violation thereafter shall be deemed a reoccurring violation and shall result in the assessment of a fine of $500 a day until the violation is corrected. If the Borough is required to enforce this section in a court or collection of any fines in a court then, in addition to any fines and costs, the Borough shall be entitled to reasonable attorney's fees.

Floodplain district. No zoning use of occupancy permit shall be issued to any use or structure unless the required floodplain building permit has been obtained.

Stormwater management. Any landowner shall comply with the Stormwater Management Ordinance, Ordinance No. 603.[1]

Editor's Note: See Ch. 473, Stormwater Management.

Visibility at intersections. No use or structure, whether publicly or privately owned, shall obstruct the clear sight distances at street or driveway intersections. The entire clear sight triangle, as defined by this chapter, shall be maintained. Required sight distances along intersecting streets shall be in accordance with the requirements of the Pennsylvania Department of Transportation regulations (67 Pa. Code Chapter 1). Zoning Hearing Board may approve a modification of these requirements where the applicant can demonstrate that a preexisting condition, which is not created by the applicant, makes it impossible to provide the required sight distances. Zoning Hearing Board may consider a variance approving a modification of these requirements where the applicant can demonstrate that preexisting condition, which was not created by the Applicant, makes it impossible to provide the required sight distances.

§ 550-403 General height provisions and exceptions.

Measurement of height. The authorized height of buildings shall be measured in accordance with the definition of "height, maximum" in this chapter.

Height exceptions. Chimneys, flues, smokestacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, water tanks and similar rooftop structures required to operate the building, as well as flag poles, television aerials, water towers and tanks, church spires and towers, electric transmission towers, and transmission towers for licensed amateur radio operators may exceed the maximum height standard. No such object shall exceed a height of 75 feet, and the required side yards shall be increased one foot for each five feet such object exceeds 45 feet.

§ 550-404 General lot area provisions and exceptions.

Required lot area.

A portion of a lot once designated as a yard, or a lot area, or portion thereof, used in calculating the number of dwelling units permitted on that lot, shall not be again used as a factor in determining the required area for another lot or building, nor shall it be sold as a lot or parcel thereof, separate from the lot of which it is a part.

Any portion of a lot which is recorded or otherwise reserved for future street purposes shall not be used as a factor in determining lot area per dwelling unit or yard dimensions.

Unenclosed porches. For any residential structure, an unenclosed porch may be erected in a required front or rear yard, provided it does not extend more than 10 feet into a required yard and does not exceed 14 feet or one story in height.

Projections into a permitted yard. A buttress, chimney, cornice, pier or pilaster, not projecting more than two feet from the wall of a building, as well as unenclosed fire escapes, may project into a required yard.

Front yard exceptions.

The front yard setback of a lot may be reduced to the average of the front yard of the two abutting structures. Where the lot is situated between two lots on which the principal structures has maintained a lesser setback since the enactment of this chapter.

Where the lot adjoins only one lot having a main building that projects beyond the established front yard line, the front yard on such lot may be the average of the front yard of the existing building and the established front yard line.

§ 550-405 Accessory uses.

Permitted accessory uses. A permitted accessory use must comply with the definition of "accessory use" contained in Article II of this chapter. Examples of permitted uses are:

Garage, carport, shed or building for domestic storage, or open storage of a boat, trailer or camper shall be limited to the rear yard.

Child's playhouse, garden house, gazebo, and private greenhouse.

Private residential swimming pool or private recreational facility shall be limited to the rear yard only and must comply with the IPMC.[1]

Editor's Note: For provisions concerning the International Property Maintenance Code, see Ch. 410, Property Maintenance, Art. I.

Civil defense shelter for not more than two families.

Storage of merchandise normally carried in stock on the same lot with a permitted retail, service, or business use, only in the rear yard area, unless such storage is excluded by the district regulations.

Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities, in the rear yard only, unless such storage is excluded by the district regulations.

Off-street motor vehicle parking areas and loading and unloading facilities. See § 550-408B(2).

Signs were permitted by this chapter.

Employee restaurants and cafeterias when located in a permitted business or manufacturing building.

Prohibited accessory uses.

Outdoor storage or overnight parking of commercial trucks or vans designated as Class III or above by the Pennsylvania Motor Vehicle Code, or construction vehicles or equipment shall be prohibited in any residential or mixed-use district. Construction vehicles or equipment may be parked on a lot while construction activity is proceeding, provided a building permit and/or zoning approval has been duly granted for the construction activity.

Outdoor storage of campers, boats and boat trailers or similar recreational vehicles is permitted in a rear yard in residential and mixed-use districts.

Outdoor storage, except as specifically permitted by the district regulations.

Location of accessory uses. Unless otherwise stipulated by this chapter, the following standards shall apply.

R-1 Districts.

Accessory uses, excluding signs permitted by this chapter, shall not be located in a required front or side yard. However, a garage or carport attached to the main structure may extend into a required side yard, provided it is set back at least three feet from the side lot line. On a corner lot, the minimum setback shall be five feet.

Accessory uses and structures may be located in a required rear yard, provided they are set back at least three feet from the rear lot line and shall maintain the same side yard as that required for the principal structure, unless otherwise permitted by this chapter.

R-2 District.

Locational requirements for accessory uses for single- and two-family detached dwellings shall be the same as for R-1 Districts (Subsection C(1)(a) and (b) above).

For new or converted multifamily dwellings and other uses, accessory uses, excluding permitted signs, shall not be permitted in a required front or side yard.

R/C-1, I-1 and CD Districts.

Accessory uses shall not be located in a required front yard.

Accessory uses and structures shall be located in a required rear yard, provided they are set back at least three feet from the rear lot line and shall maintain the same side yard as that required for the principal structure, unless otherwise permitted by this chapter.

Notwithstanding any other provision of this chapter, no part of any accessory structure shall be located closer than six feet to any principal structure, unless it is attached to or forms a part of such principal structure. No accessory structure shall be located closer than three feet to another accessory structure on an abutting property.

Accessory structures and uses shall otherwise comply the bulk regulations applicable in the district in which they are located.

Use limitations.

All accessory structures and uses shall comply with the use limitations applicable to the zoning district in which they are located.

No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.

Permit and maintenance requirements.

A zoning permit must be obtained from the Borough Building Inspector for any new, expanded or altered accessory use or structure. The owner is responsible for maintaining the accessory use/structure in safe condition in accordance with all applicable regulations.

If the Building Inspector finds that an accessory structure is not being used for its intended purpose or not being maintained, the Building Officer shall give written notice to the owner to immediately repair or remove it within 20 days from the receipt of the notice. In the event the owner fails to comply with the Building Inspector's written notice, the owner shall be considered in violation of this chapter and subject to all of the penalties contained herein.

§ 550-406 Fencing and screening retaining walls.

Unless otherwise stipulated, the following standards shall apply.

Placement; materials; height.

Fences, walls (other than retaining) or screens may be erected only in a side or rear yard, and within lot boundaries, in any zoning district.

A retaining wall may be erected along any property line where it is required to prevent a landslide or other hazardous conditions.

A fence or screen may be erected in a public right-of-way, at the property owner's risk.

For residential uses, a fence or screen shall not exceed six feet in height, except for private pools which shall be controlled by the IPMC.[1]

Editor's Note: For provisions concerning the International Property Maintenance Code, see Ch. 410, Property Maintenance, Art. I.

Fences or screens for schools, playgrounds, parks, and public pools shall have a ratio of open to solid portion of not less than 6:1 and shall not exceed eight feet in height, unless otherwise approved by Borough Council.

Performance standards for fences, walls and screens.

In any district, trees, shrubs, and other planting are permitted in any front yard, provided they do not block a clear view or vision for vehicular traffic.

Authorized fences and screens, whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections, as required by § 550-402H of this chapter.

Fences shall not contain barbs or similar types of injurious hazards, unless specifically approved by Borough Council for security reasons.

Screening, fencing for commercial, industrial uses. Wherever this chapter requires screening of a commercial or industrial use, or portion thereof, that screening shall be in accordance with the SALDO if applicable the following standards shall apply:

A planted screen shall be of sufficient density and type of planting material to provide a year-round visual barrier, within two growing seasons of planting. The minimum height shall be eight feet, but the Zoning Officer may require additional height where it is necessary to achieve adequate visual screening of the use.

Walls, fences or other visual screens may be used in accordance with § 550-406 of this chapter.

Screening of off-street parking and loading areas shall be in accordance with § 550-408 of this chapter.

The property or business owner shall be responsible for the continuing maintenance of any planted screen, fence, or wall.

Water towers, storage tanks, processing equipment, fans, cooling towers, vents, and any other structures or equipment that rise above the roofline, other than a radio, television, or cellular antenna, shall be effectively shielded from view of any public or private street by an architecturally sound method.

Permit and maintenance requirements.

A zoning permit must be obtained from the Borough for the erection of any fence, wall, or screen.

If a fence, wall, or screen is not maintained in a safe condition and in accordance with Borough regulations, the Zoning Officer shall give written notice to the owner to repair or remove the fence within 20 days of receipt of the notice. In the event the owner fails to comply with the order, the owner shall be considered in violation of this chapter and subject to the penalties contained herein.

If a fence, wall, or screen is destroyed or deteriorates beyond 50% of its total linear displacement, then it must be replaced or removed within 45 days of receipt of written notice from the Zoning Officer. Temporary fencing is required until full fence replacement.

§ 550-407 Signs.

Application. No sign shall be erected, altered, painted, relocated, remodeled, expanded, or maintained that is not in accordance with the provisions of this chapter and all other applicable Borough Codes.

Permitted signs and size limitations.

Residential districts (R-1, R-2).

Nameplates or identification signs indicating the occupants of the residence or a permitted home occupation, not exceeding one square foot and attached to a wall of the residence.

Principal identification signs for authorized conditional uses, planned residential developments, multifamily developments, not exceeding 12 square feet. Such signs may be either attached to a building or freestanding, provided their placement conforms to this chapter.

Real estate signs, not exceeding six square feet, advertising the premises for sale or lease and to be removed within 20 days of the sale or lease of the premises. One real estate sign per road frontage, up to a maximum of two such signs on any one lot at a time.

Signs advertising the sale or lease of a planned residential development, multifamily development or lot subdivision development shall not exceed 12 feet and shall be removed within 15 days of the last sale or lease of property. One real estate sign per road frontage up to a maximum of two such signs on any one lot at a time.

Construction signs advertising the development or improvement of a property by a builder, contractor, or similar person, provided that not more than one such sign shall be permitted for a development property. The sign shall not exceed 12 square feet, and it shall be removed within 10 days of the completion of work. One real estate sign per road frontage, up to a maximum of two such signs on any one lot at a time.

Mixed-use districts (R/C-1).

Signs for any permitted or conditional residential use shall be the same as for R-1 Districts.

Identification or business signs for commercial, office or industrial uses, permitted as conditional uses, indicating the services or products sold on the premises, but not exceeding 16 square feet.

Nameplates or identification signs for other authorized conditional uses, not exceeding 12 square feet.

Construction signs as permitted in R-1 Districts.

Commercial Districts (C-1) and Conservation Districts (CD).

Any sign authorized on R-1 District.

Identification or business signs, indicating the services or products sold on the premises and not exceeding 30 square feet.

Industrial Districts (I-1).

Any sign authorized in residential or commercial districts.

Identification or business signs for uses permitted in these districts shall not exceed 50 square feet.

Placement of signs.

No sign shall be erected except on the property to which it is related, except in accordance with § 550-407H.

No sign shall be erected upon or applied to any roof.

Identification or business establishment signs in R/C-1 and C-1 Districts shall be attached to a front or side wall of a building, parallel to the facade of the building. Signs shall be erected so that no portion of the sign is less than nine feet above entrance grade. In I-1 Districts, business identification signs may be freestanding or attached to a main building.

No sign shall project beyond any property line. Permitted freestanding signs in residential districts shall be set back a minimum of five feet from the property line. Freestanding signs permitted in other zoning districts shall be set back a minimum of 10 feet from the street right-of-way.

A freestanding sign shall not obstruct in a required clear sight triangle.

Height of signs.

No authorized freestanding sign in an R-1, R/C-1 District, shall exceed eight feet in height, as measured from ground level at the base of, or below, the sign to the highest element of the sign.

In I-1 Districts, freestanding signs shall not exceed 20 feet in height, as measured from ground level at the base of, or below, the sign to the highest element of the sign.

Area of signs.

The area of a sign shall be construed to include all lettering, wording, and accompanying designs and symbols together with the background whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself, except for canopy signs which shall only include the lettering, wording, or accompanying design or symbol.

The area of a sign painted upon or applied to a building shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing associated with the sign.

Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other regular geometric shape that can enclose such letters or symbols.

In computing square foot area of a double-face sign, only one side shall be considered, provided both faces are identical. If the interior angle formed by the two faces of the double-faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area.

Additional requirements.

Signs that are animated or have flashing illumination are prohibited in all districts.

Illuminated signs shall be designed and placed so as not to interfere with, distract, confuse, or blind operators of motor vehicles, however illuminated signs shall be pointed so not as to affect neighbors.

Floodlighting shall be placed so that it is not visible from any point off the lot and only the sign is directly illuminated, however floodlighting shall be pointed so not as to affect neighbors.

Every authorized sign must be constructed of durable materials and maintained in good condition and repair. If any sign becomes dilapidated to that point that it constitutes an unsightly or hazardous condition, then the Zoning Officer shall order it repaired within 10 days or removed.

If a use ceases for a period of 30 days, all signs for that use must be removed.

Zoning permits for the erection, alteration, relocation, or replacement of any sign must be obtained according to provisions of this chapter.

No sign shall be attached to any tree or utility pole on public or private property.

Billboards, outdoor advertising signs or electronic mechanical signs, which are not related to the use of the property on which they are located, shall only be permitted in I-1 Districts. Only one such sign shall be permitted per property or lot, and it shall comply with applicable standards for yards and sign height for I-1 Districts. No billboard shall be placed so as to face a lot on the same street with a church, public school or building, park, playground or scenic area.

No more than three permanent signs shall be permitted for any single commercial or industrial establishment, provided that the total square footage of all signs does not exceed the maximum sign area for the zoning district in which it is located. Where a business established fronts on more than one street, one sign may be located on each street frontage, and the total permitted sign area may be increased to 48 square feet; the total of three signs may not be exceeded.

Temporary signs. Temporary outdoor signs advertising special business promotional activities, business openings or closings, temporary activities such as a church carnival or a street fair or festival, are permitted, provided:

The temporary sign received a permit from the Zoning Officer; the period of the permit shall not exceed 30 days and may only be replaced twice a year.

The sign is only located on the premises where the special activity is taking place, and only one such sign shall be permitted for the premises.

The sign does not exceed six square feet.

The sign is not animated or flashing, and any illumination for the sign does nor create an unsafe condition for motorists or glare on surrounding properties.

Temporary signs identified as banners must be hung a minimum of 20 feet above the street, with supports and fastenings to be approved by the Building Inspector. Temporary cloth signs, banners, streamers, etc., requested to be hung over streets shall be for civic or community affairs of a public or semipublic nature and not for private gain. They shall be removed as soon as torn or damages, and not later than 30 days after erection. Also, an indemnification is required, saving the Borough harmless from any and all judgments, costs or expenses which the Borough may incur or suffer by permitting the erection of the temporary sign.

Political signs may be erected or maintained for a period not to exceed 30 days prior to the date the election to which such signs are applicable is scheduled to occur. The same shall be removed within five days following the election. Temporary political signs shall not project higher than 15 feet, as measured from the base of the sign or grade of the nearest adjacent roadway, whichever is higher. The following provisions shall also apply:

Public right-of-way. There shall be no limit on the permitted number of temporary signs displayed.

In the public right-of-way, no such sign may be located across, over or extending onto the paved portion of any public roadway. Temporary political signs located in a public right-of-way shall be erected or installed in such a manner so as not to interfere with or obstruct access, activity, or vision along any public right-of-way. Further, such signs shall not be attached to or placed on traffic signals, utility poles, trees, or other similar vegetation.

Exemptions. The following signs shall be exempt from the requirements of this section:

Flags or emblems of a government, political, civic, philanthropic, educational, or religious organization displayed on private property.

Signs placed by a governmental body, including, but not limited to, promotional activities, traffic or directional devices, legal notices, and warning, instructional or regulatory signs.

Address numerals and other signs required to be maintained by law or governmental regulation, provided that the content and size of the sign does not exceed the requirements of such law or regulation.

Small signs, not exceeding five square feet in area, displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking areas, one-way drives, restrooms, freight entrances, and the like.

Incidental signs displayed inside a window of a commercial establishment to advertise special sales of products sold, credit cards accepted, or those required by law or ordinance.

Official notices posted by public officers or employees in the performance of the officer's or employee's duties.

Directional signs for hospitals, medical clinics, ambulances, essential services, libraries and churches, up to four square feet, with no more than three erected at different locations, at any one time, throughout the Borough, each to be under 10 feet in height. Same may not be located within the public right-of-way.

Permit and maintenance requirements. A zoning permit must be obtained from the Borough Zoning Officer for any new, expanded or altered sign. The owner is responsible for maintaining the sign in a safe and functional condition in accordance with all applicable Borough ordinances. If the sign is not maintained, the Zoning Officer shall give written notice to the owner to repair, replace or remove the sign with 20 days of the receipt of the notice. In the event the owner fails to comply with the order, the owner shall be considered in violation of this chapter and subject to a $25 per day fine until repaired or removed.

§ 550-408 Off-street parking requirements.

Application. In any zoning district, all structures built, and all uses established hereafter shall provide off-street parking areas in accordance with this chapter. When an existing structure or use is expanded, parking spaces for the area or capacity of such expansion shall be required in accordance with this chapter.

General provisions.

Utilization. Required off-street parking facilities shall be solely for the parking of motor vehicles in operating condition of patrons, occupants, or employees of such use.

Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. This provision does not apply to dwelling units where parking in a driveway is counted as part of the required off-street parking.

Open parking. Open-air parking areas shall be located in accordance with this Zoning Ordinance.

Enclosed parking. Enclosed buildings containing off-street parking shall be subject to the area and bulk requirements of the district in which they are located, unless otherwise stipulated by this chapter.

Design and maintenance.

Size. The minimum dimensions for a conventional parking space will be nine feet in width by 18 feet in length, exclusive of curbs and maneuvering space. For a handicapped parking space, the size shall be 12.5 feet in width by 20 feet in length.

Design.

The minimum dimension of interior drives and parking aisles shall be:

Parking Angle	Minimum Aisle Width (feet)
90°	20
60°	18 (one-way)
45°	13 (one-way)
30°	11 (one-way)

Driveways and aisles shall be designed so that each vehicle may have ingress and egress from the space without moving any other vehicle. All accessways shall be designed so as to provide safe exit and entrance from the public street, in accordance with applicable Borough standards or PennDot specifications.

Surfacing. All parking areas, except required parking spaces for a single-family dwelling, shall be graded and paved or otherwise improved with an all-weather, dustless material, and shall require a minimum of 8% green space area.

Screening. All open off-street parking areas containing more than eight parking spaces shall be effectively screened on each side by a wall, fence or densely planted compact evergreen hedge not less than four feet in height. Parking areas shall be arranged and designed so as to prevent damage to, or intrusion into, such wall, fence or hedge. Clear sight triangles, as defined by this chapter, shall be maintained.

Lighting. Any lighting used to illuminate off-street parking areas and driveways shall be directed away from residential properties or public streets in such a way as not to interfere with such uses. The lighting system shall furnish minimally an average of two footcandles during hours operation with lighting standards being located not more than 80 feet apart.

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with any off-street parking facilities.

Multiple parking occupancy. When a number of different uses are proposed within a structure, facility or complex, and when it can be demonstrated that one or more of such uses require parking spaces at times other than normal business or operating hours for other uses, the applicant may present to the Zoning Officer a written report stating that a maximum combination of all such uses will not require that total accumulative parking spaces required by this chapter. If the Zoning Officer, after review, determines that a reduced overall parking requirement can satisfy the off-street parking needs of the combined facilities, the applicant shall be permitted to reduce the parking spaces provided in accordance with the plan approved by the Zoning Officer.

Location. All parking spaces required to serve structures or uses shall be located on the same zoning lot as the structure or use served or within 600 feet of a main entrance to the structure of use served.

Required spaces by type of use.

Use Type
Residential Uses
R-1 Districts
Single-family, Two-family	2 spaces per dwelling unit
Multifamily in planned residential developments	1 1/2 spaces per dwelling unit
R-2 R/C-1
Single-family, two-family, multifamily	2 spaces per dwelling unit
C-1 District
Single-family, two-family, multifamily	1 space per dwelling unit
Commercial Uses
Automotive repair	1 per 150 square feet of GFA
Bank, savings-and-loan association	1 per 200 square feet of gross floor area (GFA)
Bank, drive-in	2 for each interior teller window
Business and professional offices other than medical or dental offices	1 per 500 square feet of GFA
Day-care center, preprimary school	1 per staff member, plus 1 space per 6 children
Doctor and dentist offices, including clinics	1 per 300 square feet of GFA in addition to 1 per every 2 staff/professional members
Eating and drinking establishments (sit-down type) with or without drive through	1 per 4 seats (1 per 2 employees)
Eating and drinking establishments (drive-in type)	1 per employee
Gasoline service station	2 spaces per service bay, plus 1 per employee. If the property includes a convenience retail then 2 additional parking spaces required.
Laundromats	1 per 3 washing machines or dryers
Medical and dental laboratory	1 per 200 square feet GFA
Funeral home	1 per 3 seats in any chapel or seating area and not less than 5 spaces for each viewing area or room
Motel or hotel	1 per guest room, plus parking requirements for any restaurant, bar or other facilities as required by this chapter
Personal service and repair establishments	1 per 100 square feet of GFA, plus 1 for each 2 employees
Retail business	1 per 200 square feet of GFA unless specifically listed
Theater	1 per 4 seats
Veterinary office or clinic or hospital	1 per 150 square feet of GFA, plus 1 per staff member
Commercial Recreation
Bowling alleys	2 per lane
Swimming pools and clubs	1 space per 40 square feet of water area
Tennis, racquetball courts, etc.	2 spaces per court
Other commercial recreational facilities not specifically mentioned	Based on review of Borough Council
Public, semipublic uses
Elementary, junior or senior high school	Based on review by Zoning Hearing Board
Colleges, universities and other special institutions	Based on review by Zoning Hearing Board
Private school for art, music, crafts, dance, etc.	1 per staff member, plus 1 per 3 students
Hospitals	1 1/2 per bed, plus 1 for each staff physician and 1 for each 2 other employees
Nursing or convalescent homes	1 per 3 beds
Recreation facility, public or private	1 per 4 persons of design capacity for the facility
Private clubs and lodges	1 per 4 persons of design capacity for the facility
Churches	1 per 3 fixed seats, plus 1 per employee
Public utilities	1 per 2 employees on 2 largest shifts combined
Industrial Uses
Manufacturing, warehouse and wholesale	1 per 2 employees on the 2 largest shifts combined

For all other uses not specifically covered above, parking shall be provided as determined by Borough Council based on the number of employees, normal visitors or patrons and site location.

§ 550-409 Off-street loading requirements.

Applicability. In any zoning district, all structures and uses which require the receipt or distribution of materials or products by trucks or similar vehicles, shall provide accessory off-street loading spaces, as required by this chapter. When an existing structure is expanded, accessory off-street loading spaces shall be provided for the area of such expansion in accordance with the following regulations.

General provisions.

Location.

All required loading spaces or berths shall be located on the same lot as the use served, and no portion of the vehicle shall project into any traffic lane. All motor vehicle loading berths which abut or are adjacent to a residence district or use shall be completely screened therefrom by building walls, or a uniformly painted solid fence, wall, door, planted screen, or any combination thereof, not less than six feet nor more than eight feet in height.

No permitted or required loading space or berth shall be located within 40 feet of the nearest point of intersection of any two public streets or highways. No loading space or berth shall be located in a required front yard, and any loading space or berth located in a required rear yard shall be open to the sky.

Area. Unless otherwise specified, a required off-street loading space shall be 10 feet in width by at least 30 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 16 feet. The required length may be reduced by 10 feet, if the applicant certifies that the off-street loading use will only be single-unit trucks or smaller.

Access. Each required off-street loading space shall be designated with appropriate means of vehicular access to a street, highway or alley in a manner which will least interfere with traffic movement.

Surfacing. All open off-street loading shall be improved with a compacted select gravel base, not less than seven inches thick, surfaced with an all-weather dustless material.

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in Conjunction with any off-street loading facilities.

Utilization. Space allocated for any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

Required off-street loading spaces.

Use	Required Berth (based on gross floor area)
Manufacturing	1 berth for every 10,000 square feet
Wholesale, other uses	1 berth for every 8,000 square feet
Business and professional office	1 berth for every 10,000 square feet, not exceeding a total of 2 required stalls
Food stores and other retail stores	1 berth for every 5,000 square feet up to a maximum of 2 stalls and then 1 berth for every 20,000 square feet or fraction thereof

Uses for which off-street loading facilities are required by this section, but which are located in buildings that have a floor area that is less than the minimum for which off-street loading facilities are required, shall provide adequate receiving facilities, accessible by motor vehicle, from any adjacent alley, service drive, or open space on the same lot, in accordance with the applicable provisions of this section.

§ 550-410 Home occupations.

Authorization. Home occupations, which comply with the definition and standards of this chapter, shall be permitted as an incidental use to any principal dwelling unit.

Use limitations. The following regulations shall apply to all home occupations permitted under the provisions of this chapter:

No more than one person, other than members of the family occupying the dwelling, shall be employed.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated, and mounted flush with the wall of the principal building.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

There shall be no outdoor storage of equipment, materials, or finished products related to the home occupation.

Particular home occupations prohibited. The following uses do not constitute home occupations, therefore are not permitted as a home occupation.

Nursery schools, dancing schools, exercise, or health centers, day-care centers, (except for a no-impact home-based business as specified in the definition of "day-care center"), unless specifically permitted by the district regulations.

Funeral homes.

Eating and drinking establishments.

Animal kennels or hospitals.

Tourist homes, rooming houses, unless specifically permitted by the district regulations.

Medical or dental clinic or hospitals.

Automobile, truck, bus, or boat repairs or rental facilities.

Video game and amusement arcades.

Theaters and other entertainment and commercial recreation facilities.

Home tanning booths, massage parlors, and/or sauna, steam or other therapy facilities and exercise facilities.

§ 550-411 Gasoline service stations.

Definition. See definition in § 550-202.

Use limitations.

No gasoline service station shall be located within 1,000 feet of a similar facility, which shall be measured from the property lines at the closest points.

Fuel pumps, air towers, and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than 15 feet of any property line.

Inspections, lubrication, oil changes, tire changes and similar minor repairs are permitted if conducted entirely within a building.

All automobile parts and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than five feet from the pumps.

All refuse shall be stored within a building or enclosed area.

No more than two vehicles, awaiting repairs, shall be stored outdoors during nonbusiness hours. Junk vehicles shall not be stored in the open at any time.

Automobile, van (less than 20 feet) or utility trailer rental is an authorized accessory use, provided that no more than three vehicles are visible on the premises at any time.

Off-street parking spaces shall be provided in accordance with § 550-408 of this chapter.

§ 550-412 Automotive repair facilities and car washes.

Definition. See definitions in § 550-202.

Use limitations.

All repair services shall be conducted within an enclosed building which complies with state and Borough regulations for such uses.

All automotive parts and supplies shall be stored within an enclosed building.

All refuse must be stored within a building or enclosed area.

No more than two vehicles shall be stored outdoors during nonbusiness hours; junk vehicles shall not be stored in the open at any time.

Off-street parking spaces shall be provided in accordance with § 550-408 of this chapter.

§ 550-413 Wireless communications facilities.

[Added 12-14-2022 by Ord. No. 629]

Short title. This section shall be known as the "Borough of Blawnox Wireless Communications Facilities Ordinance."

Purposes and findings of fact.

The purpose of this section is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in the Borough of Blawnox. 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.

By enacting this section, the municipality intends to:

Regulate the placement, construction and modification of wireless communication facilities to protect the safety and welfare of the public;

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of the public and wireless telecommunications operators in accordance with federal and state laws and regulations;

Establish procedures for the design, siting, construction, installation, maintenance and removal of tower-based, non-tower-based, and small wireless communications facilities in the municipality, including facilities both inside and outside the public rights-of-way;

Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;

Encourage the co-location of wireless communications facilities on existing wireless support structures rather than the construction of new wireless support structures;

Protect the public 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;

Ensure that wireless communications facilities will be removed in the event that such wireless communications facilities are abandoned or become obsolete and are no longer necessary; and

Update the municipality's wireless communications facilities ordinance to incorporate changes in federal and state laws and regulations.

Definitions.

Certain terms used herein are defined at the Code of the Borough of Blawnox, Chapter 550, § 550-202, Definitions.

Any numbers, abbreviations, terms and words used herein shall have the meanings of common usage as set forth in the latest edition of Webster's New Collegiate Dictionary. Terms of law shall have the meanings as set forth in the latest edition of Black's Law Dictionary.

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular number include the plural; words used in the plural number include the singular; the word "herein" means "in this chapter"; and the words "this chapter" shall mean "this chapter and the tables, maps, fees schedules included herein as enacted or subsequently amended."

The word "person" as used in this chapter shall be defined to include, but not be limited to, an individual, a partnership, a joint venture, a corporation, an unincorporated association, a firm or any other form of entity, contractors, subcontractors or journeymen; "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

The "Borough" is Borough of Blawnox in Allegheny County, Commonwealth of Pennsylvania, including the "Council" and "Zoning Hearing Board" of the Borough.

"Chapter" as a term of reference in this chapter refers to this chapter.

"Shall" is always mandatory, except "shall" is directory when applied to public officials.

Laws applicable to all tower-based wireless communications facilities.

The following laws shall apply to all tower-based wireless communications facilities:

Procedures.

Any applicant proposing construction of a new tower-based WCF shall submit detailed plans to the Borough of Blawnox Zoning Officer for review and determination by the Borough Council, as a conditional use, and subject to the restrictions and conditions prescribed herein, as well as the prior written approval of the municipality.

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.

Development requirements. Tower-based wireless communications facilities shall be developed in accordance with the following requirements:

Permitted subject to conditions. Any tower-based WCF that is either not mounted on any existing support structure or is more than 25 feet higher than the support structure on which it is mounted is permitted in certain zoning districts as a conditional use, subject to the restrictions and conditions prescribed herein and subject to the prior written approval of the municipality. The Borough Council may grant conditional use in accordance with the procedures and requirements of the Code of the Borough of Blawnox, Chapter 550, Article VI, Conditional Uses, § 550-601 et seq.

Siting. Tower-based WCFs are prohibited in all zoning districts and shall only be permitted in the following district by conditional use, subject to the requirements and prohibitions of this section:

General Industrial (I-1).

Coverage or capacity. An applicant for a tower-based WCF must demonstrate that a gap in wireless coverage or 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 or capacity. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the municipality's decision on an application for approval of tower-based WCFs.

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 another sufficiently tall structure where the intended wireless service facility can be accommodated and function as required by its construction permit or license without unreasonable modification.

Site plan. An applicant for a tower-based WCF must submit a full site plan to the Borough of Blawnox Zoning Officer which shall include, but shall not be limited to, the following documentation and materials:

Written authorization from the property owner of the proposed tower-based WCF site that such facility may be sited on the property; written authorization from the property owner consenting to the making of the application to the Borough for conditional use; written acknowledgment from the property owner of being bound by this chapter, the conditions of any site plan approval authorized by the Borough, [length of time property owner is bound to allowing the tower-based WCF] and all other requirements of the Code of the Borough of Blawnox.

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 support structures; scaled elevation view; access road(s) location and surface material; parking area; fences; power source(s); location and content of (any or warning) signs; exterior lighting specifications; landscaping plan; land elevation contours; existing land uses surrounding the site; proposed transmission building and/or other accessory uses with details; elevations; and proposed use(s).

A written report that includes, but is not limited to, the following documentation and materials: information describing the tower height and design; a cross-section of the tower; engineering specifications detailing construction of the tower, base and guy wire anchorage; information describing the proposed painting and lighting schemes; information describing the tower's capacity, including, but not limited to, the number and type of antennas that it can accommodate; radio frequency coverage, including, but not limited to, scatter plot analysis and the input parameters for the scatter plot analysis. All tower structure information shall be certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and all wireless telecommunications data shall be certified by an appropriate wireless telecommunications professional.

A written report, titled "Cost of Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of the tower, antenna, and all related facilities.

All other uses ancillary to the tower-based WCF and associated equipment (including, but not limited to, a business office, maintenance depot, or vehicle storage) are prohibited from the tower-based WCF site unless otherwise permitted in the zoning district in which the tower-based WCF site is located.

Where the tower-based WCF is located on a property with another principal use, the applicant shall prove that the owner of the property has granted an easement for the proposed facility the length of time of such an easement, and that vehicular access is provided to the facility.

An inventory of its existing wireless communications facilities, including, but not limited to, all tower-based, non-tower, and small WCFs, that are either sited within the Borough of Blawnox or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The municipality may share such information with other applicants applying for site plan approvals or conditional use permits under this chapter, or other organizations seeking to locate wireless communication facilities within the municipality; provided, however, that the municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

An evaluation of the need for additional buffer yard treatments.

[ix]

Other information deemed to be necessary by the municipality to assess compliance with this section, or any other requirement under the Borough of Blawnox Code of Ordinances, state law, or federal law or regulation.

Underground district. A tower-based WCF shall not be located in, or within 300 feet of, an area in which utilities are required to be located underground, including, but not limited to, planned developments.

Prohibited in open space and conserved lands. Tower-based WCFs shall not be located within an open space or conserved land. Tower-based WCFs shall not be located within a Conservation District.

Prohibited in environmentally sensitive areas. No tower-based WCF shall be located in, or within 500 feet of, the habitat of a threatened or endangered animal species.

Sole use on a lot. A tower-based WCF may be 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.

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 residential, industrial, commercial, institutional or municipal use, subject to the following conditions:

Existing use. The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the wireless communications facility.

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.

[7]

Minimum setbacks for towers. If a new tower is constructed (as opposed to mounting the antenna on an existing tower or wireless support structure), the minimum distance between the tower and any property line or public right-of-way line shall be equal to the height of the tower plus the distance of the corresponding minimum yard setback (front, side and rear) for the zoning district in which the lot is located and any other additional requirements for that zoning district. Guy wires and accessory facilities must also satisfy the minimum zoning district setback requirements.

Minimum setbacks and buffers for accessory structures. All tower-based WCF installations shall comply with the accessory structure setback, buffer, lot, and yard requirements in the Borough of Blawnox Zoning Ordinance, and shall be mounted in the rear yard or on the roof unless reception is inhibited or visibility increased.

[9]

Separation. A tower-based WCF with a height greater than 90 feet shall not be located within 1/4 of a mile from any existing tower-based WCF with a height greater than 90 feet.

Timing of determination. All applications for tower-based WCFs shall be acted upon within 150 days following the receipt of both, 1) a fully completed application for the approval of such tower-based WCF and 2) a fully paid, nonrefundable application fee in an amount specified by the fee schedule for wireless communications facilities (WCFs).[1] If the municipality receives an application for a tower-based WCF and such application is not fully completed, then the municipality shall notify the applicant, in writing, within 30 days 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. Unpaid applications are incomplete and not duly filed with the Borough.

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

Notice. No later than 30 days following the submission of a fully completed 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-foot 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 of notification. If a public hearing is required, notice of any hearing before the Borough Council shall be published in a newspaper circulating within Borough of Blawnox at least 10 days prior to the date of said hearing; any mailing of notices that may be required by the Borough Council shall be completed at least 10 days before such hearing and the proof of mailing shall be provided to the municipality at least five days before such hearing. The preparation and cost of publication and mailing of any notice required for such hearing shall be at the cost and expense of the applicant. Proof of mailing to all required property owners shall be demonstrated by providing the municipality with a certificate or proof of mailing (United States Postal Service Form 3817 or 3877).

Collocation.

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 wireless support structure.

Any applicant proposing construction of a new tower-based WCF outside the public 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 structure or wireless support structure. The Borough 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 tower, structure, or other wireless support structure. A good faith effort shall require that all owners of potentially suitable towers, structures, or wireless support structures within a 1/4 mile radius of the proposed tower-based WCF site be contacted and that the applicant certifies, in writing, to the Borough of Blawnox Zoning Officer that one or more of the following reasons for not selecting such structure apply:

The proposed WCF and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at reasonable cost;

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;

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

A commercially reasonable agreement cannot be reached with the owner(s) of such structure.

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 Communications Infrastructure Contractors Association (formerly, 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 or safety of any person or damage any property in the municipality.

Wind and ice. All tower-based WCF structures shall be designed to withstand the effects of wind and ice according to the standards promulgated 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). All tower-based WCF structures shall also be designed and constructed to withstand the wind and ice loads for the place of installation in accordance with the Pennsylvania Uniform Construction Code.

Height. Any tower-based WCF shall be designed and constructed 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 tower-based WCF exceed a maximum height of 150 feet.

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.

Maintenance. The following maintenance requirements shall apply:

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the public.

All maintenance activities shall utilize nothing less than the best available technology and practices for preventing failures and accidents.

The municipality reserves the authority to require the cleaning, repainting, or repair of a tower-based WCF, including, but not limited to, the tower, accessory equipment, and any other area where the exterior surface or appearance of such facility is not regularly or properly maintained, cleaned, repainted, or repaired.

Tower-based WCF operators bear sole financial responsibility for all maintenance or emergency repair costs.

(k)

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. The owner or operator of such tower-based WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Borough Manager on an annual basis, or within 30 days following a written request by the Borough. 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 that: 1) fails to timely submit proof of compliance or 2) that is generating radio frequency emissions in excess of the standards and regulations of the FCC.

(l)

Historic buildings and districts. No tower-based WCF may be located in or within 100 feet of any historic or preservation 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, or so designated as a landmark.

(m)

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. No other signage or display is permitted.

(n)

Lighting. Tower-based WCFs 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 to the Borough a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

(o)

Emergency power supplies. Any tower-based WCF shall be constructed with both primary and secondary sources of electric power. The secondary source of electric power shall be an electric generator, located on-site and equipped with sufficient power reserves to supply continuous electric power to operate the tower-based WCF and its antennas for a period of 10 days. The secondary source of electric power shall not be used, except in emergency situations involving the loss of the primary power source. The WCF operator may activate the electric generator on weekdays, between 9:00 a.m. and 5:00 p.m., excluding federal holidays, to test the secondary power source or to perform routine maintenance on the electric generator, provided that the WCF operator deliver written notice to the Borough Manager at least five business days prior to such electric generator testing or electric generator maintenance.

(p)

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 Code of the Borough of Blawnox, except as provided with respect to the use of an electrical generator in this chapter, where such noise standards may be exceeded on a temporary basis only.

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, 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 Borough's Zoning Officer following the inspection. Any repairs advised by the report shall be effected 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.

Retention of consultants and experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough 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 section. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities.

(t)

Nonconforming uses. Nonconforming 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 section.

(u)

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough Manager, at least 90 days in advance of the discontinuance date, of its intent to discontinue use and the date when the use shall be discontinued.

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.

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. Any cost to the municipality for such removal which is not paid under the owner's bond shall constitute a lien on the tax lot on which the tower-based WCF is situated and shall be collected in the same manner as a municipal tax on real property.

Any unused portions of tower-based WCFs, including, but not limited to, 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.

(v)

Public rights-of-way. No tower-based wireless communications facility shall be located, in whole or in part, within the public rights-of-way.

Eligible facilities request.

Applicants proposing a modification to an existing tower-based WCF that does not substantially change the dimensions of the underlying wireless support structure shall be required only to obtain a building permit from the municipality.

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 the Borough of Blawnox Code of Ordinances.

(x)

Design regulations:

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.

The tower-based WCF shall employ the most current and effective 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.

Any proposed tower-based WCF shall be designed and constructed in all respects, including, but not limited to, structurally and electronically, to accommodate both the tower-based WCF applicant's antennas and comparable antennas for future users.

All utilities that are extended to the site of the tower-based WCF shall be placed underground.

Surrounding environs:

The tower-based WCF operator 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.

The tower-based WCF applicant shall include in its site plan submission pursuant to this chapter 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.

Fence/screen:

A security fence having a height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

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.

Existing mature tree growth, vegetation, and natural land forms on and around the site shall be preserved to the maximum extent possible. In some cases, such as tower-based WCFs sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(aa)

Accessory equipment:

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 above.

All utility buildings and accessory structures shall be architecturally designed and constructed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

(bb)

Additional antennas. As a condition of approval for all tower-based WCFs, the applicant shall provide the municipality with a written commitment that it will allow other service providers to collocate antennas on tower-based WCFs where technically and commercially reasonable. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the municipality.

(cc)

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCFs. 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.

(dd)

Bond. Prior to the issuance of a conditional use permit, a tower-based WCF applicant 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 Borough Solicitor. 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 section, including, but not limited to, legal fees and expenses in enforcing the law, 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. The owner of the tower-based WCF shall maintain a bond in the following amounts:

An amount of $75,000 to assure the faithful performance of the terms and conditions of this section.

An amount determined by the Borough Council based on engineering estimates, to cover the cost of removing and disposing of the antenna, tower, and related facilities. The Borough Council may consider, but shall not be required to rely upon, applicant's written report, titled "Cost of Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.

From time to time, but no more frequently than once during any five-year period, the Borough Council, at its sole discretion, may adjust the amount of the bond and require the submission of a new or modified bond based on engineering estimates of the cost of the removal and disposal of the tower, antenna, and associated facilities. The wireless communications facility operator may submit a written report, titled "Adjusted Cost of Tower-Based Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania and containing engineering estimates of the cost of the removal and disposal of the tower, antenna, and associated facilities to the Borough Council. The Borough Council may consider, but shall not be required to rely upon, operator's written report in determining the adjusted bond amounts.

(ee)

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.

(ff)

Graffiti. Any graffiti on the tower-based WCF, including, but not limited to, the 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.

(gg)

Inspection by municipality. The municipality reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other provisions of the Borough of Blawnox Code of Ordinances or state or federal law or regulation. 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.

Laws applicable to all non-tower wireless facilities.

The following laws shall apply to all non-tower wireless communications facilities:

Procedures.

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 Borough of Blawnox Zoning Officer indicating how the non-tower WCF will be mounted on the structure, for review and determination by the Borough Council, as a conditional use, and subject to the restrictions and conditions prescribed herein, as well as the prior written approval of the municipality.

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.

Development requirements. Non-tower wireless communications facilities shall be collocated on existing structures, such as existing buildings or wireless support structures, subject to the following conditions:

Permitted subject to conditions. Subject to the restrictions and conditions prescribed herein, non-tower WCFs are permitted in certain zoning districts as a conditional use upon review and approval by the Borough of Blawnox Council, in accordance with the procedures and requirements of Code of the Borough of Blawnox, Chapter 550, Article VI, Conditional Uses, § 550-601 et seq.

Siting. Non-tower WCFs are prohibited in all zoning districts and permitted in the following zoning districts by conditional use, subject to the requirements and prohibitions of this section:

Single-Family Residential (R-1);

Single- and Two-Family Residential (R-2);

General Residential (R-3);

Mixed Residential Commercial (R/C-1);

Mixed Residential/Limited Manufacturing (R/C-2);

Community Business (C-1);

Community Business (C-1A); and

General Industrial (I-1).

Height. Any non-tower WCF shall not exceed the maximum height permitted in the applicable zoning district.

Equipment building. If the non-tower WCF applicant proposes to locate the communications equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

Fencing. A security fence having a height of six 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.

Residential attachment prohibited. Non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any accessory residential structure.

Site plan. An applicant for a non-tower WCF must submit a full site plan to the Borough of Blawnox Zoning Officer which shall include:

Written authorization from the wireless support structure owner of the proposed non-tower WCF site that such facility may be sited on the wireless support structure. Written authorization from the wireless support structure owner consenting to the making of the application to the municipality for conditional use. Written acknowledgment from the wireless support structure owner of being bound by this chapter, the conditions of any site plan approval authorized by the municipality, and all other requirements of the Borough of Blawnox Zoning Ordinance and all other Borough Ordinances.

A site plan that is drawn to scale and shows the following features: property boundaries; existing and proposed structures; existing and proposed use(s); existing and proposed antennas; existing or proposed electrical power source; and scaled elevation view.

A written report, including, but not limited to: information describing the antenna height and design; a cross-section of the wireless support structure; engineering specifications detailing attachment of the antenna to the wireless support structure; information describing the proposed painting and lighting schemes; radio frequency coverage, including, but not limited to, scatter plot analysis and the input parameters for the scatter plot analysis; all wireless support structure information to be certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania; and wireless telecommunications data to be certified by an appropriate wireless telecommunications professional.

A written report, titled "Cost of Non-Tower Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania, detailing the total cost of removing and disposing of antenna and related facilities.

An inventory of its existing wireless communications facilities, including, but not limited to, all tower-based, non-tower, and small WCF, that are either sited within Borough of Blawnox or within 1/4 mile of the border thereof. Such inventory shall include specific information about the location, height, design, and use of each wireless communications facility. The municipality may share such information with other applicants applying for site plan approvals or conditional use under this section or other organizations seeking to locate antennas within the municipality; provided, however, that the municipality is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Other information deemed to be necessary by the municipality to assess compliance with this section, or any other requirement under the Borough of Blawnox Zoning Ordinance, Borough of Blawnox Code of Ordinances, state law, or federal law or regulation.

Eligible facilities request.

Applicants proposing a modification to an existing non-tower WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be required only to obtain a building permit from the municipality.

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 the Code of the Borough of Blawnox.

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.

Historic buildings and districts. No non-tower WCF may be located on, or within 100 feet of, any historic or preservation 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, or so designated as a landmark.

Prohibited in open space and conserved lands. Non-tower WCFs shall not be located within an open space or conserved land.

Timing of determination. All applications for non-tower WCFs shall be acted upon by the municipality within 90 days following the receipt of both, 1) a fully completed application for the approval of such WCF and 2) a fully paid, nonrefundable application fee in an amount specified by the fee schedule for wireless communications facilities (WCFs).[2] If the municipality receives an application for a non-tower WCF and such application is not fully completed, then the municipality shall notify the applicant, in writing, within 30 days 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. Unpaid applications are incomplete and not duly filed with the Borough.

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

Retention of consultants and 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 section. The applicant and/or owner of the non-tower WCF shall reimburse the municipality for all reasonable costs of the municipality's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities.

Bond. Prior to the issuance of conditional use, 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 Borough Solicitor. 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 section, 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. The owner of the non-tower WCF shall maintain a bond in the following amounts:

An amount of $75,000 to assure the faithful performance of the terms and conditions of this section.

An amount determined by the Borough Council based on engineering estimates, to cover the cost of removing and disposing of the antenna and related facilities. The Borough Council may consider, but shall not be required to rely upon, applicant's written report, titled "Cost of Non-Tower Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania.

From time to time, but no more frequently than once during any five-year period, the Borough Council, at its sole discretion, may adjust the amount of the bond and require the submission of a new or modified bond based on engineering estimates of the cost of the removal and disposal of the antenna and associated facilities. The wireless communications facility operator may submit a written report, titled "Adjusted Cost of Non-Tower Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania and containing engineering estimates of the cost of the removal and disposal of the antenna and associated facilities to the Borough Council. The Borough Council may consider, but shall not be required to rely upon, operator's written report in determining the adjusted bond amounts.

(k)

Design regulations.

Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure or wireless support 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.

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.

All non-tower WCF applicants must submit documentation to the municipality justifying the total height of the non-tower support structure or wireless support structure. Such documentation shall be analyzed in the context of such justification on an individual basis.

Antennas, 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.

(l)

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 or safety of any person or damage any property in the municipality.

(m)

Wind and ice. All non-tower WCF structures shall be designed and constructed 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). All non-tower WCF structures shall also be designed and constructed to withstand the wind and ice loads for the place of installation in accordance with the Pennsylvania Uniform Construction Code.

(n)

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.

(o)

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. The owner or operator of such non-tower WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Borough Manager on an annual basis, or within 30 days following a written request by the Borough. 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 that: 1) fails to timely submit proof of compliance, or 2) that is generating radio frequency emissions in excess of the standards and regulations of the FCC.

(p)

Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, the owner of the non-tower WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed and registered professional engineer (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 Borough's Zoning Officer following the inspection. Any repairs advised by the report shall be effected 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.

Maintenance. The following maintenance requirements shall apply:

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

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.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

The municipality reserves the authority to require the cleaning, repainting, or repair, of a non-tower WCF, including, but not limited to, the antennas, accessory equipment, and any other area where the exterior surface or appearance of such facility is not regularly or properly maintained, cleaned, repainted, or repaired.

Non-tower WCF operators bear sole financial responsibility for all maintenance or emergency repair costs.

Upgrade, replacement, modification.

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 antennas.

Any material modification to a non-tower WCF shall require a prior amendment to the original permit or authorization.

(t)

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:

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.

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 related facilities and equipment may be removed by the municipality and the cost of removal assessed against the owner of the WCF. Any cost to the municipality for such removal which is not paid under the owner's bond shall constitute a lien on the tax lot on which the non-tower WCF is situated and shall be collected in the same manner as a Municipal tax on real property.

(u)

Graffiti. Any graffiti on the non-tower WCF, including, but not limited to, the antennas, the 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.

(v)

Public rights-of-way. No non-tower WCF shall be located, in whole or in part, within the public rights-of-way.

Signs. All non-tower 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. No other signage or display is permitted.

(x)

Lighting. Non-tower WCFs shall not be artificially lighted, except as required by law. 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.

Emergency power supplies. Where practicable, non-tower WCFs shall be constructed with both primary and secondary sources of electric power. If included, the secondary source of electric power shall be an electric generator, located on-site and equipped with sufficient fuel reserves to supply continuous electric power to operate the non-tower WCF and its antennas for a period of 10 days. The secondary source of electric power shall not be used, except in emergency situations involving the loss of the primary power source. The WCF operator may activate the electric generator to test the secondary power source or to perform routine maintenance on the electric generator, provided that the WCF operator deliver written notice to the Borough Manager at least five business days prior to such electric generator testing or electric generator maintenance.

Noise. Non-tower WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Code of the Borough of Blawnox, except in emergency situations requiring the use of an electrical generator, where such noise standards may be exceeded on a temporary basis only.

(aa)

Inspection by municipality. The municipality reserves the right to inspect any non-tower WCF to ensure compliance with the provisions of this section and any other provisions found within the Code of the Borough of Blawnox or state or federal law or regulation. 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.

Laws applicable to all small wireless communications facilities.

The following laws shall apply to small wireless communications facilities:

Development requirements.

Small WCF are prohibited, except by approval from the Borough's Zoning Officer, subject to the requirements of this section and generally applicable permitting as required by the Code of the Borough of Blawnox and all applicable Borough ordinances, resolutions, rules, or regulations.

Small WCF located within areas 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 planned developments, zoning districts, or subportions thereof, that require utilities to be located underground.

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.

All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act[3] and all applicable streets and sidewalks requirements in the Borough of Blawnox Zoning Ordinance.

Editor's Note: See 42 U.S.C.A. § 12101 et seq.

Small WCFs shall not be located or attached on single-family detached residences, single-family attached residences, or any accessory residential structure.

Small WCFs shall not be located in any municipal park, or in any land owned by the Borough or authorized by the Borough to be designated as a Municipal Park or open space, whether or not developed.

Procedures.

Any applicant proposing a small WCF shall submit an application to the Borough's Zoning Officer for site plan review and administrative determination.

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.

Timing of determination. All applications for small WCFs shall be acted upon by the municipality within a specific number of days following the receipt of both, 1) a fully completed application for the approval of such small WCF and 2) a fully paid, nonrefundable application fee in an amount specified by the fee schedule for wireless communications facilities (WCFs).[4] Unpaid applications are incomplete and not duly filed with the Borough. The timing of determination for small WCF applicants shall be as follows:

Within 10 calendar days of the date that an application for a small WCF is filed with the Borough's Zoning Officer, 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.

Within 60 days of receipt of a completed application for collocation of a small WCF on a preexisting wireless support structure, the Borough's Zoning Officer shall make a final decision on whether to approve or deny the application and shall notify the WCF applicant, in writing, of such decision.

Within 90 days of receipt of a completed application for a small WCF requiring the installation of a new wireless support structure, the Borough's Zoning Officer shall make a final decision on whether to approve the application and shall notify the WCF applicant, in writing, of such decision.

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

Basis of denial of application. The Borough retains the authority to deny an application to construct, place, modify, or operate a small WCF in the public rights-of-way if any of the following apply:

The small WCF materially interferes with the safe operation of traffic control equipment, sight lines or clear zones for transportation or pedestrians or compliance with the Americans with Disabilities Act of 1990[5] (Public Law 101-336, 104 Stat. 327) or similar federal or state standards regarding pedestrian access or movement.

Editor's Note: See 42 U.S.C.A. § 12101 et seq.

The small WCF fails to comply with the Code of the Borough of Blawnox, or any other applicable ordinance or code.

The small WCF fails to comply with the requirements specified under the Pennsylvania Small Wireless Facilities Deployment Act,[6] or any other applicable state law.

Editor's Note: See 53 P.S. § 11704.1 et seq.

The small WCF fails to comply with the requirements specified under federal law and FCC regulation.

The applicant fails to submit a written report by a Pennsylvania-licensed and registered professional engineer (P.E.), who is regularly involved in the maintenance, inspection, and/or modification of small WCFs, demonstrating that the small WCF in the public rights-of-way will comply with all applicable FCC regulations.

Documentation of denial in writing. Within the applicable shot clock time frames established by this section, the municipality shall document the basis for an application denial, in writing, including, but not limited to, the specific provisions of applicable codes on which the denial was based, and shall send the documentation to the applicant within five business days following the denial of an application to construct, place, modify or operate a small WCF in the public rights-of-way.

Opportunity to cure. Following the determination to deny an application to construct, place, modify or operate a small WCF in the public rights-of-way, the applicant may cure the deficiencies identified by the Borough and resubmit the application to construct, place, modify or operate a small WCF in the public rights-of-way within 30 days following receipt of the Borough's written basis for the denial. Upon eligible resubmission, the applicant shall not pay any additional application fees.

[7]

Municipal review upon eligible resubmission. The Borough shall approve or deny the revised application to construct, place, modify or operate a small WCF in the public rights-of-way within 30 days following the application being resubmitted for review and determination. Any subsequent review by the Borough shall be limited to the deficiencies cited in the Borough's written denial. If the resubmitted application addresses or changes other sections of the application that were not previously denied, the Borough shall automatically be granted an additional 15 days on the shot clock time frame to review the resubmitted application and may charge an additional fee for the review. No applicant shall make more than one resubmission per initial denial of an application to construct, place, modify or operate a small WCF in the public rights-of-way.

Eligible facilities request.

Small WCF operators proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be required only to obtain a building permit from the municipality.

In order to be considered for such permit, the small WCF operator must submit a building permit application to the municipality in accordance with the Code of the Borough of Blawnox.

The timing of determination for small WCF operators proposing a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be as follows:

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 or wireless support structure is filed with the Borough's 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.

An application for a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure shall be deemed complete when all documents, information and fees required by the municipality's regulations, laws and forms pertaining to the location, modification or operation of wireless communications 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.

Within 60 days of receipt of a completed application a modification to an existing small WCF that does not substantially change the dimensions of the underlying structure or wireless support structure, the Borough's Zoning Officer shall make a final decision on whether to approve or deny the application and shall notify the WCF applicant, in writing, of such decision.

[9]

Nonconforming wireless support structures. Small WCF shall be permitted to collocate upon nonconforming tower-based WCFs and other nonconforming structures. Collocation of WCFs upon existing tower-based WCFs is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

[10]

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 small WCF, as well as related inspection, monitoring, and related costs, subject to the limitations in this section, in amounts specified by the fee schedule for wireless communications facilities (WCFs).[7]

[7]

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

[11]

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 Uniform Construction Code (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.

[12]

Historic buildings and districts. No small WCF may be located on, or within 100 feet of, any historic or preservation 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, or so designated as a landmark.

[13]

Wind and ice. All small WCF shall be designed and constructed to withstand the effects of wind 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 standard applicable to the structure. All small WCF structures shall also be designed and constructed to withstand the wind and ice loads for the place of installation in accordance with the Pennsylvania Uniform Construction Code.

[14]

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 Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. The owner or operator of such small WCF shall submit proof of compliance with any applicable radio frequency emissions standards to the Borough Manager on an annual basis, or within 30 days following a written request by the Borough. 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 that: 1) fails to timely submit proof of compliance, or 2) that is generating radio frequency emissions in excess of the standards and regulations of the FCC.

[15]

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.

[16]

Accessory equipment. Small WCF and 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.

[17]

Graffiti. Any graffiti on the small WCF, including, but not limited to, the antennas, the structure, the wireless support structure, or any accessory equipment, shall be removed at the sole expense of the owner within 10 days of notification by the municipality.

[18]

Maintenance. The following maintenance requirements shall apply:

Any small WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the public.

All maintenance activities shall utilize nothing less than the best available technology and practices for preventing failures and accidents.

The municipality reserves the authority to require the cleaning, repainting, or repair, of a small WCF, including, but not limited to, the antennas, wireless support structure, accessory equipment, and any other area where the exterior surface or appearance of such facility is not regularly or properly maintained, cleaned, repainted, or repaired.

Small WCF operators bear sole financial responsibility for all maintenance or emergency repair costs. The financial responsibility of small WCF operators for maintenance or emergency repair costs is exclusive and independent from the municipality's costs in managing and maintaining the public rights-of-way.

[19]

Design standards. All small WCF in the municipality shall comply with the requirements of the Borough of Blawnox Small Wireless Communications Facility Design Manual, a copy of which is on file with the municipality.

[20]

Collocation requirement. 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 or wireless support 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 structures or wireless support structures within a one-half-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, structure, or other suitable wireless support structure cannot be utilized.

[21]

Limitation on concurrent collocation applications. Any person seeking to collocate a small WCF in the public rights-of-way may submit a consolidated application for collocation of small WCFs, which shall include no more than 20 concurrent applications to collocate small WCFs in the public rights-of-way. No person shall submit more than one consolidated application to collocate small WCFs in the public rights-of-way, or 20 individual applications to collocate small WCFs in the public rights-of-way during any thirty-day period of time. If one consolidated application for collocation of small WCFs in the public rights-of-way, or 20 individual applications to collocate small WCFs in the public rights-of-way, are received by the Borough during any forty-five-day period of time, then the Borough's applicable shot clocks, as specified in this section, shall be automatically, and without public notice, extended by a time period of 15 days following submission of the aforesaid application(s).

[22]

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 small 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:

The construction, repair, maintenance or installation by the municipality or other public improvement in the public rights-of-way;

The operations of the municipality or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the municipality.

[23]

Retention of consultants or 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 small WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this section. The applicant and/or owner of the small WCF shall reimburse the municipality for all reasonable costs of the municipality's consultant(s) and/or expert(s) in providing expert evaluation and consultation in connection with these activities, provided that such costs are a reasonable approximation of costs incurred, the costs are reasonable, and the costs are nondiscriminatory.

[24]

Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, the owner of the small WCF shall have said small WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of small WCFs. A copy of said inspection report and certification of continued use shall be provided to the Borough's Zoning Officer following the inspection. Any repairs advised by the report shall be effected 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 small WCF shall again be inspected in accordance with the parameters and requirements described herein.

[25]

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 fee schedule for wireless communications facilities (WCFs),[8] 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. The municipality reserves the authority to revoke the permit of any small WCF that fails to timely remit payment of any small WCF right-of-way fee to the municipality.

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

[26]

Inspection by municipality. The municipality reserves the right to inspect any small WCF to ensure compliance with the provisions of this section and any other provisions of the Borough of Blawnox Code of Ordinances or state or federal law or regulation. The municipality and/or its agents shall have the authority to enter the property or public rights-of-way upon which a small WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Laws applicable to all wireless facilities.

Municipal property. Nothing in this section shall be deemed to create any offer, right, or entitlement to use Municipal property for the construction or operation of tower-based WCFs, non-tower WCFs, small WCFs, wireless support structures, or related facilities. Any such tower-based WCF, non-tower WCF, small WCF, wireless support structure, or related facility proposed to be sited on property owned, leased, or otherwise controlled by Borough of Blawnox may be exempt from the requirements of this section. The Borough Council retains the right to require applicants to obtain site plan approval from it in accordance with the requirements of this section. No tower-based WCF, non-tower WCF, small WCF, wireless support structures, or related facilities may be constructed or installed on municipal property or public rights-of-way until a license or lease agreement authorizing such wireless facility has been approved by the Borough Council.

Penalties. Any person violating any provision of this section 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 section and any other remedy at law or in equity, the municipality may apply to a 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 section.

Determination of violation. In the event the municipality determines that a person has violated any provision of this section, 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 sole discretion, 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 not been cured within the time allowed, the municipality may take any and all actions authorized by this section and/or federal and/or Pennsylvania law and regulations.

Revocation of permitted use. Any permit granted under this section may be revoked by the Borough Council after a hearing, conducted on at least 15 days' written notice to the owner of the wireless communications facility and any related facilities, and an opportunity to be heard. If at such hearing the Borough Council determines that substantial evidence exists that the wireless communications facility and related facilities constitute a threat to public safety, health, or welfare, or that the conditions of the permit have been materially violated, the Borough Council may revoke the permit.

Fee payments are nonrefundable. All fees paid to the municipality, including, but not limited to, application fees and permit fees, are nonrefundable and will not be returned to the applicant.

Insurance and indemnification of wireless facilities.

Insurance.

Requirement of insurance. Each person that constructs, owns, operates, maintains, or removes a tower-based, non-tower, or small wireless communications facility shall purchase and maintain, at its sole expense, certain insurance coverages of specified minimum rating, as listed herein, and shall provide documentation to the Borough Manager, upon request, and as provided herein.

No payment or reimbursement. Each person that constructs, owns, operates, maintains, or removes a tower-based, non-tower, or small wireless communications facility shall be solely responsible for bearing the costs of furnishing and maintaining all required insurance coverages of specified minimum rating, as listed herein. The municipality shall not provide direct payment or reimbursement to persons for the costs of maintaining, or the costs of furnishing, the required insurance coverages.

Specified minimum insurance ratings, registration, and additional endorsement. All insurance carriers listed in the certificate(s) of insurance for the required insurance coverages shall have, at minimum, a credit rating of "Rated A VII or Better" from the A.M. Best Company and shall be licensed in the Commonwealth of Pennsylvania. Each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility shall name Borough of Blawnox as an additional insured by endorsement on the certificate(s) of insurance.

Furnishment of certificates prior to commencement. Prior to the commencement of any construction, operation, maintenance, or removal, each person that constructs, owns, operates, maintains, or removes a tower-based, non-tower, or small wireless communications facility shall furnish certificates of insurance to the Borough Manager evidencing coverage in compliance with the regulations herein. The failure of the Borough to object to the contents of the certificate(s) of insurance or absence of same shall not be deemed a waiver of any legal rights held by the Borough.

Revocation of permit. The failure of any person to construct, operate, maintain, or remove a wireless communications facility without complying with the insurance coverage and administrative requirements herein shall constitute an emergency. Upon such emergency, the municipality reserves the authority to revoke the permit of any wireless communications facility for failure to comply with the insurance coverage and administrative requirements herein.

Minimum insurance requirements. Each person that constructs, owns, operates, maintains, or removes a tower-based, non-tower, or small wireless communications facility shall maintain the following minimum insurance coverages:

Workers' compensation and employers liability policy, covering operations in the Commonwealth of Pennsylvania. Where applicable, U.S. Longshore and Harbor Workers' Compensation Act[9] endorsement and maritime coverage endorsement shall be attached to the policy. Evidence must be provided to the Borough Manager. Waiver of subrogation to be included with documentation provided to the Borough Manager.

[9]

Editor's Note: See 33 U.S.C.A. § 901 et seq.

Commercial general liability policy, with limits of no less than $1,000,000 each occurrence, per WCF location and $2,000,000 general aggregate, per WCF location, with limits for bodily injury and property damage, and shall contain the following coverages and endorsements:

Premises and operations.

Products/completed operations.

Independent contractors.

Personal and advertising injury.

Blanket contractual liability.

[f]

Explosion, collapse, underground liability (XCU).

[g]

Borough of Blawnox and their assigns, officers, employees, volunteers, representatives and agents should be named as an "additional insured" on the policy using ISO Additional Insured Endorsement CG 2010 11/85 or an endorsement providing equivalent or broader coverage and shall apply on a primary and noncontributory basis, including any self-insured retentions.

[h]

The certificate of insurance should show this applies to the general liability coverage on the certificate, and additional insured endorsement shall be attached.

To the extent permitted by Pennsylvania law, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility waives all rights of subrogation or similar rights against Borough of Blawnox, assigns, officers, employees, volunteers, representatives and agents.

[j]

Cross liability coverage (commercial general liability and business automobile liability policies only).

[k]

Coverage must be written on an occurrence policy form.

[l]

No deductible or self-insured retention should exceed $50,000.

Comprehensive automobile policy, with limits of no less than $1,000,000. Bodily injury and property damage liability including, but not limited to, coverage for owned, any auto nonowned, and hired private passenger and commercial vehicles. Borough of Blawnox and their assigns, officers, employees, representatives and agents should be named as an "additional insured" on the policy. The certificate of insurance should show this applies to the automobile liability coverage on the certificate, and additional insured endorsement shall be attached. To the extent permitted by Pennsylvania law, each person that owns, operates, or removes a tower-based, non-tower, or small wireless communications facility waives all rights of subrogation or similar rights against Borough of Blawnox, assigns, officers, employees, representatives and agents. Coverage must apply on a primary and noncontributory basis.

Umbrella liability, with limits of no less than $5,000,000 each occurrence per WCF location and $5,000,000 general aggregate per WCF location, including, but not limited to, coverage for general liability, automobile, workers' compensation. Coverage must be written as an occurrence policy.

Professional liability (if applicable), with limits no less than $1,000,000 per claim. Coverage must be written as an occurrence policy.

Increasing the minimum insurance requirements. The minimum insurance requirements specified herein may be increased at any time upon the review and determination of the Borough Council.

Notice prior to cancellation or expiration of insurance. The certificate(s) of insurance shall provide that 30 days' written notice prior to cancellation or expiration be given to the Borough Manager via U.S. Postal Mail. Insurance policies that lapse and/or expire during term of work shall be recertified and received by the Borough Manager no less than 30 days prior to expiration or cancellation of the respective policy.

Indemnification.

Requirement to indemnify and hold harmless. Each person that constructs, owns, operates, maintains, or removes 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, but not limited to, 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.

Requirement to defend. Each person that constructs, owns, operates, maintains, or removes 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, but not limited to, death, or property damage was caused by the construction, 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.

Indemnification and hold harmless agreement requirement. Prior to the initial commencement of any construction, operation, maintenance, or removal, each person that constructs, owns, operates, maintains, or removes a tower-based, non-tower, or small wireless communications facility shall furnish an indemnification and hold harmless agreement to the Borough Manager.

Miscellaneous.

Police powers. The municipality, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the municipality under applicable federal, state and local laws and regulations.

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.

Effective date. This chapter shall become effective upon enactment by the Borough of Blawnox Council.

§ 550-414 Uses not provided for.

[Added 7-10-2024 by Ord. No. 636]

For any use not specifically provided for under the provisions of this chapter, the Zoning Officer shall refer the matter to the Borough Council to hear and decide such use as a conditional use request under Article VI of this chapter. The party seeking the use determination is required to file a conditional use application with the Borough Council. The Council shall have the authority to permit the use or deny the use in accordance with the standards governing conditional use applications.

Blawnox City Zoning Code

ARTICLE IV

Supplemental Regulations

§ 550-401 General intent.

The regulations contained in this article are intended to apply to all zoning districts, uses, structures or lots except as otherwise provided in this chapter.

§ 550-402 General provisions and exceptions.

Pending building permits.

Principal building. In the R-1 District, there shall be only one principal building on each zoning lot.

Dwelling in a basement. No dwelling unit or units shall be contained in a basement or cellar.

Trash and garbage disposal storage.

In C-1, and I-I Districts and for conditional uses in R/C-1 and CD Districts, exterior trash or garbage storage shall be screened from a public street or adjacent property.

Floodplain district. No zoning use of occupancy permit shall be issued to any use or structure unless the required floodplain building permit has been obtained.

Stormwater management. Any landowner shall comply with the Stormwater Management Ordinance, Ordinance No. 603.[1]

Editor's Note: See Ch. 473, Stormwater Management.

§ 550-403 General height provisions and exceptions.

Measurement of height. The authorized height of buildings shall be measured in accordance with the definition of "height, maximum" in this chapter.

§ 550-404 General lot area provisions and exceptions.

Required lot area.

Any portion of a lot which is recorded or otherwise reserved for future street purposes shall not be used as a factor in determining lot area per dwelling unit or yard dimensions.

Front yard exceptions.

§ 550-405 Accessory uses.

Permitted accessory uses. A permitted accessory use must comply with the definition of "accessory use" contained in Article II of this chapter. Examples of permitted uses are:

Garage, carport, shed or building for domestic storage, or open storage of a boat, trailer or camper shall be limited to the rear yard.

Child's playhouse, garden house, gazebo, and private greenhouse.

Private residential swimming pool or private recreational facility shall be limited to the rear yard only and must comply with the IPMC.[1]

Editor's Note: For provisions concerning the International Property Maintenance Code, see Ch. 410, Property Maintenance, Art. I.

Civil defense shelter for not more than two families.

Off-street motor vehicle parking areas and loading and unloading facilities. See § 550-408B(2).

Signs were permitted by this chapter.

Employee restaurants and cafeterias when located in a permitted business or manufacturing building.

Prohibited accessory uses.

Outdoor storage of campers, boats and boat trailers or similar recreational vehicles is permitted in a rear yard in residential and mixed-use districts.

Outdoor storage, except as specifically permitted by the district regulations.

Location of accessory uses. Unless otherwise stipulated by this chapter, the following standards shall apply.

R-1 Districts.

R-2 District.

Locational requirements for accessory uses for single- and two-family detached dwellings shall be the same as for R-1 Districts (Subsection C(1)(a) and (b) above).

For new or converted multifamily dwellings and other uses, accessory uses, excluding permitted signs, shall not be permitted in a required front or side yard.

R/C-1, I-1 and CD Districts.

Accessory uses shall not be located in a required front yard.

Accessory structures and uses shall otherwise comply the bulk regulations applicable in the district in which they are located.

Use limitations.

All accessory structures and uses shall comply with the use limitations applicable to the zoning district in which they are located.

No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.

Permit and maintenance requirements.

§ 550-406 Fencing and screening retaining walls.

Unless otherwise stipulated, the following standards shall apply.

Placement; materials; height.

Fences, walls (other than retaining) or screens may be erected only in a side or rear yard, and within lot boundaries, in any zoning district.

A retaining wall may be erected along any property line where it is required to prevent a landslide or other hazardous conditions.

A fence or screen may be erected in a public right-of-way, at the property owner's risk.

For residential uses, a fence or screen shall not exceed six feet in height, except for private pools which shall be controlled by the IPMC.[1]

Editor's Note: For provisions concerning the International Property Maintenance Code, see Ch. 410, Property Maintenance, Art. I.

Performance standards for fences, walls and screens.

In any district, trees, shrubs, and other planting are permitted in any front yard, provided they do not block a clear view or vision for vehicular traffic.

Authorized fences and screens, whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections, as required by § 550-402H of this chapter.

Fences shall not contain barbs or similar types of injurious hazards, unless specifically approved by Borough Council for security reasons.

Walls, fences or other visual screens may be used in accordance with § 550-406 of this chapter.

Screening of off-street parking and loading areas shall be in accordance with § 550-408 of this chapter.

The property or business owner shall be responsible for the continuing maintenance of any planted screen, fence, or wall.

Permit and maintenance requirements.

A zoning permit must be obtained from the Borough for the erection of any fence, wall, or screen.

§ 550-407 Signs.

Permitted signs and size limitations.

Residential districts (R-1, R-2).

Nameplates or identification signs indicating the occupants of the residence or a permitted home occupation, not exceeding one square foot and attached to a wall of the residence.

Mixed-use districts (R/C-1).

Signs for any permitted or conditional residential use shall be the same as for R-1 Districts.

Identification or business signs for commercial, office or industrial uses, permitted as conditional uses, indicating the services or products sold on the premises, but not exceeding 16 square feet.

Nameplates or identification signs for other authorized conditional uses, not exceeding 12 square feet.

Construction signs as permitted in R-1 Districts.

Commercial Districts (C-1) and Conservation Districts (CD).

Any sign authorized on R-1 District.

Identification or business signs, indicating the services or products sold on the premises and not exceeding 30 square feet.

Industrial Districts (I-1).

Any sign authorized in residential or commercial districts.

Identification or business signs for uses permitted in these districts shall not exceed 50 square feet.

Placement of signs.

No sign shall be erected except on the property to which it is related, except in accordance with § 550-407H.

No sign shall be erected upon or applied to any roof.

A freestanding sign shall not obstruct in a required clear sight triangle.

Height of signs.

No authorized freestanding sign in an R-1, R/C-1 District, shall exceed eight feet in height, as measured from ground level at the base of, or below, the sign to the highest element of the sign.

In I-1 Districts, freestanding signs shall not exceed 20 feet in height, as measured from ground level at the base of, or below, the sign to the highest element of the sign.

Area of signs.

The area of a sign painted upon or applied to a building shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing associated with the sign.

Additional requirements.

Signs that are animated or have flashing illumination are prohibited in all districts.

Floodlighting shall be placed so that it is not visible from any point off the lot and only the sign is directly illuminated, however floodlighting shall be pointed so not as to affect neighbors.

If a use ceases for a period of 30 days, all signs for that use must be removed.

Zoning permits for the erection, alteration, relocation, or replacement of any sign must be obtained according to provisions of this chapter.

No sign shall be attached to any tree or utility pole on public or private property.

The temporary sign received a permit from the Zoning Officer; the period of the permit shall not exceed 30 days and may only be replaced twice a year.

The sign is only located on the premises where the special activity is taking place, and only one such sign shall be permitted for the premises.

The sign does not exceed six square feet.

The sign is not animated or flashing, and any illumination for the sign does nor create an unsafe condition for motorists or glare on surrounding properties.

Public right-of-way. There shall be no limit on the permitted number of temporary signs displayed.

Exemptions. The following signs shall be exempt from the requirements of this section:

Flags or emblems of a government, political, civic, philanthropic, educational, or religious organization displayed on private property.

Signs placed by a governmental body, including, but not limited to, promotional activities, traffic or directional devices, legal notices, and warning, instructional or regulatory signs.

Incidental signs displayed inside a window of a commercial establishment to advertise special sales of products sold, credit cards accepted, or those required by law or ordinance.

Official notices posted by public officers or employees in the performance of the officer's or employee's duties.

§ 550-408 Off-street parking requirements.

General provisions.

Utilization. Required off-street parking facilities shall be solely for the parking of motor vehicles in operating condition of patrons, occupants, or employees of such use.

Open parking. Open-air parking areas shall be located in accordance with this Zoning Ordinance.

Design and maintenance.

Design.

The minimum dimension of interior drives and parking aisles shall be:

Parking Angle	Minimum Aisle Width (feet)
90°	20
60°	18 (one-way)
45°	13 (one-way)
30°	11 (one-way)

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with any off-street parking facilities.

Required spaces by type of use.

Use Type
Residential Uses
R-1 Districts
Single-family, Two-family	2 spaces per dwelling unit
Multifamily in planned residential developments	1 1/2 spaces per dwelling unit
R-2 R/C-1
Single-family, two-family, multifamily	2 spaces per dwelling unit
C-1 District
Single-family, two-family, multifamily	1 space per dwelling unit
Commercial Uses
Automotive repair	1 per 150 square feet of GFA
Bank, savings-and-loan association	1 per 200 square feet of gross floor area (GFA)
Bank, drive-in	2 for each interior teller window
Business and professional offices other than medical or dental offices	1 per 500 square feet of GFA
Day-care center, preprimary school	1 per staff member, plus 1 space per 6 children
Doctor and dentist offices, including clinics	1 per 300 square feet of GFA in addition to 1 per every 2 staff/professional members
Eating and drinking establishments (sit-down type) with or without drive through	1 per 4 seats (1 per 2 employees)
Eating and drinking establishments (drive-in type)	1 per employee
Gasoline service station	2 spaces per service bay, plus 1 per employee. If the property includes a convenience retail then 2 additional parking spaces required.
Laundromats	1 per 3 washing machines or dryers
Medical and dental laboratory	1 per 200 square feet GFA
Funeral home	1 per 3 seats in any chapel or seating area and not less than 5 spaces for each viewing area or room
Motel or hotel	1 per guest room, plus parking requirements for any restaurant, bar or other facilities as required by this chapter
Personal service and repair establishments	1 per 100 square feet of GFA, plus 1 for each 2 employees
Retail business	1 per 200 square feet of GFA unless specifically listed
Theater	1 per 4 seats
Veterinary office or clinic or hospital	1 per 150 square feet of GFA, plus 1 per staff member
Commercial Recreation
Bowling alleys	2 per lane
Swimming pools and clubs	1 space per 40 square feet of water area
Tennis, racquetball courts, etc.	2 spaces per court
Other commercial recreational facilities not specifically mentioned	Based on review of Borough Council
Public, semipublic uses
Elementary, junior or senior high school	Based on review by Zoning Hearing Board
Colleges, universities and other special institutions	Based on review by Zoning Hearing Board
Private school for art, music, crafts, dance, etc.	1 per staff member, plus 1 per 3 students
Hospitals	1 1/2 per bed, plus 1 for each staff physician and 1 for each 2 other employees
Nursing or convalescent homes	1 per 3 beds
Recreation facility, public or private	1 per 4 persons of design capacity for the facility
Private clubs and lodges	1 per 4 persons of design capacity for the facility
Churches	1 per 3 fixed seats, plus 1 per employee
Public utilities	1 per 2 employees on 2 largest shifts combined
Industrial Uses
Manufacturing, warehouse and wholesale	1 per 2 employees on the 2 largest shifts combined

For all other uses not specifically covered above, parking shall be provided as determined by Borough Council based on the number of employees, normal visitors or patrons and site location.

§ 550-409 Off-street loading requirements.

General provisions.

Location.

Surfacing. All open off-street loading shall be improved with a compacted select gravel base, not less than seven inches thick, surfaced with an all-weather dustless material.

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in Conjunction with any off-street loading facilities.

Utilization. Space allocated for any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

Required off-street loading spaces.

Use	Required Berth (based on gross floor area)
Manufacturing	1 berth for every 10,000 square feet
Wholesale, other uses	1 berth for every 8,000 square feet
Business and professional office	1 berth for every 10,000 square feet, not exceeding a total of 2 required stalls
Food stores and other retail stores	1 berth for every 5,000 square feet up to a maximum of 2 stalls and then 1 berth for every 20,000 square feet or fraction thereof

§ 550-410 Home occupations.

Authorization. Home occupations, which comply with the definition and standards of this chapter, shall be permitted as an incidental use to any principal dwelling unit.

Use limitations. The following regulations shall apply to all home occupations permitted under the provisions of this chapter:

No more than one person, other than members of the family occupying the dwelling, shall be employed.

There shall be no outdoor storage of equipment, materials, or finished products related to the home occupation.

Particular home occupations prohibited. The following uses do not constitute home occupations, therefore are not permitted as a home occupation.

Funeral homes.

Eating and drinking establishments.

Animal kennels or hospitals.

Tourist homes, rooming houses, unless specifically permitted by the district regulations.

Medical or dental clinic or hospitals.

Automobile, truck, bus, or boat repairs or rental facilities.

Video game and amusement arcades.

Theaters and other entertainment and commercial recreation facilities.

Home tanning booths, massage parlors, and/or sauna, steam or other therapy facilities and exercise facilities.

§ 550-411 Gasoline service stations.

Definition. See definition in § 550-202.

Use limitations.

No gasoline service station shall be located within 1,000 feet of a similar facility, which shall be measured from the property lines at the closest points.

Fuel pumps, air towers, and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than 15 feet of any property line.

Inspections, lubrication, oil changes, tire changes and similar minor repairs are permitted if conducted entirely within a building.

All refuse shall be stored within a building or enclosed area.

No more than two vehicles, awaiting repairs, shall be stored outdoors during nonbusiness hours. Junk vehicles shall not be stored in the open at any time.

Automobile, van (less than 20 feet) or utility trailer rental is an authorized accessory use, provided that no more than three vehicles are visible on the premises at any time.

Off-street parking spaces shall be provided in accordance with § 550-408 of this chapter.

§ 550-412 Automotive repair facilities and car washes.

Definition. See definitions in § 550-202.

Use limitations.

All repair services shall be conducted within an enclosed building which complies with state and Borough regulations for such uses.

All automotive parts and supplies shall be stored within an enclosed building.

All refuse must be stored within a building or enclosed area.

No more than two vehicles shall be stored outdoors during nonbusiness hours; junk vehicles shall not be stored in the open at any time.

Off-street parking spaces shall be provided in accordance with § 550-408 of this chapter.

§ 550-413 Wireless communications facilities.

[Added 12-14-2022 by Ord. No. 629]

Short title. This section shall be known as the "Borough of Blawnox Wireless Communications Facilities Ordinance."

Purposes and findings of fact.

By enacting this section, the municipality intends to:

Regulate the placement, construction and modification of wireless communication facilities to protect the safety and welfare of the public;

Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;

Encourage the co-location of wireless communications facilities on existing wireless support structures rather than the construction of new wireless support structures;

Ensure that wireless communications facilities will be removed in the event that such wireless communications facilities are abandoned or become obsolete and are no longer necessary; and

Update the municipality's wireless communications facilities ordinance to incorporate changes in federal and state laws and regulations.

Definitions.

Certain terms used herein are defined at the Code of the Borough of Blawnox, Chapter 550, § 550-202, Definitions.

The "Borough" is Borough of Blawnox in Allegheny County, Commonwealth of Pennsylvania, including the "Council" and "Zoning Hearing Board" of the Borough.

"Chapter" as a term of reference in this chapter refers to this chapter.

"Shall" is always mandatory, except "shall" is directory when applied to public officials.

Laws applicable to all tower-based wireless communications facilities.

The following laws shall apply to all tower-based wireless communications facilities:

Procedures.

Development requirements. Tower-based wireless communications facilities shall be developed in accordance with the following requirements:

Siting. Tower-based WCFs are prohibited in all zoning districts and shall only be permitted in the following district by conditional use, subject to the requirements and prohibitions of this section:

General Industrial (I-1).

An evaluation of the need for additional buffer yard treatments.

[ix]

Prohibited in open space and conserved lands. Tower-based WCFs shall not be located within an open space or conserved land. Tower-based WCFs shall not be located within a Conservation District.

Prohibited in environmentally sensitive areas. No tower-based WCF shall be located in, or within 500 feet of, the habitat of a threatened or endangered animal species.

Sole use on a lot. A tower-based WCF may be 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.

Existing use. The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the wireless communications facility.

Separation. A tower-based WCF with a height greater than 90 feet shall not be located within 1/4 of a mile from any existing tower-based WCF with a height greater than 90 feet.

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

Collocation.

The proposed WCF and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at reasonable cost;

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;

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

A commercially reasonable agreement cannot be reached with the owner(s) of such structure.

Maintenance. The following maintenance requirements shall apply:

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the public.

All maintenance activities shall utilize nothing less than the best available technology and practices for preventing failures and accidents.

Tower-based WCF operators bear sole financial responsibility for all maintenance or emergency repair costs.

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Public rights-of-way. No tower-based wireless communications facility shall be located, in whole or in part, within the public rights-of-way.

Eligible facilities request.

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 the Borough of Blawnox Code of Ordinances.

Design regulations:

All utilities that are extended to the site of the tower-based WCF shall be placed underground.

Surrounding environs:

The tower-based WCF operator 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.

Fence/screen:

A security fence having a height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

Accessory equipment:

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 above.

An amount of $75,000 to assure the faithful performance of the terms and conditions of this section.

(ee)

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.

(ff)

(gg)

Laws applicable to all non-tower wireless facilities.

The following laws shall apply to all non-tower wireless communications facilities:

Procedures.

Siting. Non-tower WCFs are prohibited in all zoning districts and permitted in the following zoning districts by conditional use, subject to the requirements and prohibitions of this section:

Single-Family Residential (R-1);

Single- and Two-Family Residential (R-2);

General Residential (R-3);

Mixed Residential Commercial (R/C-1);

Mixed Residential/Limited Manufacturing (R/C-2);

Community Business (C-1);

Community Business (C-1A); and

General Industrial (I-1).

Height. Any non-tower WCF shall not exceed the maximum height permitted in the applicable zoning district.

Residential attachment prohibited. Non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any accessory residential structure.

Site plan. An applicant for a non-tower WCF must submit a full site plan to the Borough of Blawnox Zoning Officer which shall include:

Eligible facilities request.

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 the Code of the Borough of Blawnox.

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.

Prohibited in open space and conserved lands. Non-tower WCFs shall not be located within an open space or conserved land.

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

An amount of $75,000 to assure the faithful performance of the terms and conditions of this section.

From time to time, but no more frequently than once during any five-year period, the Borough Council, at its sole discretion, may adjust the amount of the bond and require the submission of a new or modified bond based on engineering estimates of the cost of the removal and disposal of the antenna and associated facilities. The wireless communications facility operator may submit a written report, titled "Adjusted Cost of Non-Tower Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania and containing engineering estimates of the cost of the removal and disposal of the antenna and associated facilities to the Borough Council. The Borough Council may consider, but shall not be required to rely upon, operator's written report in determining the adjusted bond amounts.

Design regulations.

Antennas, 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.

Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, the owner of the non-tower WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed and registered professional engineer (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 Borough's Zoning Officer following the inspection. Any repairs advised by the report shall be effected 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.

Maintenance. The following maintenance requirements shall apply:

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

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.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

Non-tower WCF operators bear sole financial responsibility for all maintenance or emergency repair costs.

Upgrade, replacement, modification.

Any material modification to a non-tower WCF shall require a prior amendment to the original permit or authorization.

Public rights-of-way. No non-tower WCF shall be located, in whole or in part, within the public rights-of-way.

Laws applicable to all small wireless communications facilities.

The following laws shall apply to small wireless communications facilities:

Development requirements.

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.

All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act[3] and all applicable streets and sidewalks requirements in the Borough of Blawnox Zoning Ordinance.

Editor's Note: See 42 U.S.C.A. § 12101 et seq.

Small WCFs shall not be located or attached on single-family detached residences, single-family attached residences, or any accessory residential structure.

Small WCFs shall not be located in any municipal park, or in any land owned by the Borough or authorized by the Borough to be designated as a Municipal Park or open space, whether or not developed.

Procedures.

Any applicant proposing a small WCF shall submit an application to the Borough's Zoning Officer for site plan review and administrative determination.

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

Basis of denial of application. The Borough retains the authority to deny an application to construct, place, modify, or operate a small WCF in the public rights-of-way if any of the following apply:

Editor's Note: See 42 U.S.C.A. § 12101 et seq.

The small WCF fails to comply with the Code of the Borough of Blawnox, or any other applicable ordinance or code.

The small WCF fails to comply with the requirements specified under the Pennsylvania Small Wireless Facilities Deployment Act,[6] or any other applicable state law.

Editor's Note: See 53 P.S. § 11704.1 et seq.

The small WCF fails to comply with the requirements specified under federal law and FCC regulation.

Eligible facilities request.

In order to be considered for such permit, the small WCF operator must submit a building permit application to the municipality in accordance with the Code of the Borough of Blawnox.

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

Maintenance. The following maintenance requirements shall apply:

Any small WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the public.

All maintenance activities shall utilize nothing less than the best available technology and practices for preventing failures and accidents.

The construction, repair, maintenance or installation by the municipality or other public improvement in the public rights-of-way;

The operations of the municipality or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the municipality.

[23]

[24]

Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, the owner of the small WCF shall have said small WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of small WCFs. A copy of said inspection report and certification of continued use shall be provided to the Borough's Zoning Officer following the inspection. Any repairs advised by the report shall be effected 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 small WCF shall again be inspected in accordance with the parameters and requirements described herein.

[25]

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

[26]

Laws applicable to all wireless facilities.

Fee payments are nonrefundable. All fees paid to the municipality, including, but not limited to, application fees and permit fees, are nonrefundable and will not be returned to the applicant.

Insurance and indemnification of wireless facilities.

Insurance.

Editor's Note: See 33 U.S.C.A. § 901 et seq.

Premises and operations.

Products/completed operations.

Independent contractors.

Personal and advertising injury.

Blanket contractual liability.

[f]

Explosion, collapse, underground liability (XCU).

[g]

[h]

The certificate of insurance should show this applies to the general liability coverage on the certificate, and additional insured endorsement shall be attached.

[j]

Cross liability coverage (commercial general liability and business automobile liability policies only).

[k]

Coverage must be written on an occurrence policy form.

[l]

No deductible or self-insured retention should exceed $50,000.

Professional liability (if applicable), with limits no less than $1,000,000 per claim. Coverage must be written as an occurrence policy.

Increasing the minimum insurance requirements. The minimum insurance requirements specified herein may be increased at any time upon the review and determination of the Borough Council.

Indemnification.

Miscellaneous.

Effective date. This chapter shall become effective upon enactment by the Borough of Blawnox Council.

§ 550-414 Uses not provided for.

[Added 7-10-2024 by Ord. No. 636]

Blawnox City Zoning Code

ARTICLE IV

Supplemental Regulations

§ 550-401 General intent.

The regulations contained in this article are intended to apply to all zoning districts, uses, structures or lots except as otherwise provided in this chapter.

§ 550-402 General provisions and exceptions.

Pending building permits.

Principal building. In the R-1 District, there shall be only one principal building on each zoning lot.

Dwelling in a basement. No dwelling unit or units shall be contained in a basement or cellar.

Trash and garbage disposal storage.

In C-1, and I-I Districts and for conditional uses in R/C-1 and CD Districts, exterior trash or garbage storage shall be screened from a public street or adjacent property.

Floodplain district. No zoning use of occupancy permit shall be issued to any use or structure unless the required floodplain building permit has been obtained.

Stormwater management. Any landowner shall comply with the Stormwater Management Ordinance, Ordinance No. 603.[1]

Editor's Note: See Ch. 473, Stormwater Management.

§ 550-403 General height provisions and exceptions.

Measurement of height. The authorized height of buildings shall be measured in accordance with the definition of "height, maximum" in this chapter.

§ 550-404 General lot area provisions and exceptions.

Required lot area.

Any portion of a lot which is recorded or otherwise reserved for future street purposes shall not be used as a factor in determining lot area per dwelling unit or yard dimensions.

Front yard exceptions.

§ 550-405 Accessory uses.

Permitted accessory uses. A permitted accessory use must comply with the definition of "accessory use" contained in Article II of this chapter. Examples of permitted uses are:

Garage, carport, shed or building for domestic storage, or open storage of a boat, trailer or camper shall be limited to the rear yard.

Child's playhouse, garden house, gazebo, and private greenhouse.

Private residential swimming pool or private recreational facility shall be limited to the rear yard only and must comply with the IPMC.[1]

Editor's Note: For provisions concerning the International Property Maintenance Code, see Ch. 410, Property Maintenance, Art. I.

Civil defense shelter for not more than two families.

Off-street motor vehicle parking areas and loading and unloading facilities. See § 550-408B(2).

Signs were permitted by this chapter.

Employee restaurants and cafeterias when located in a permitted business or manufacturing building.

Prohibited accessory uses.

Outdoor storage of campers, boats and boat trailers or similar recreational vehicles is permitted in a rear yard in residential and mixed-use districts.

Outdoor storage, except as specifically permitted by the district regulations.

Location of accessory uses. Unless otherwise stipulated by this chapter, the following standards shall apply.

R-1 Districts.

R-2 District.

Locational requirements for accessory uses for single- and two-family detached dwellings shall be the same as for R-1 Districts (Subsection C(1)(a) and (b) above).

For new or converted multifamily dwellings and other uses, accessory uses, excluding permitted signs, shall not be permitted in a required front or side yard.

R/C-1, I-1 and CD Districts.

Accessory uses shall not be located in a required front yard.

Accessory structures and uses shall otherwise comply the bulk regulations applicable in the district in which they are located.

Use limitations.

All accessory structures and uses shall comply with the use limitations applicable to the zoning district in which they are located.

No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.

Permit and maintenance requirements.

§ 550-406 Fencing and screening retaining walls.

Unless otherwise stipulated, the following standards shall apply.

Placement; materials; height.

Fences, walls (other than retaining) or screens may be erected only in a side or rear yard, and within lot boundaries, in any zoning district.

A retaining wall may be erected along any property line where it is required to prevent a landslide or other hazardous conditions.

A fence or screen may be erected in a public right-of-way, at the property owner's risk.

For residential uses, a fence or screen shall not exceed six feet in height, except for private pools which shall be controlled by the IPMC.[1]

Editor's Note: For provisions concerning the International Property Maintenance Code, see Ch. 410, Property Maintenance, Art. I.

Performance standards for fences, walls and screens.

In any district, trees, shrubs, and other planting are permitted in any front yard, provided they do not block a clear view or vision for vehicular traffic.

Authorized fences and screens, whether publicly or privately owned, shall not obstruct the clear sight distances at street intersections, as required by § 550-402H of this chapter.

Fences shall not contain barbs or similar types of injurious hazards, unless specifically approved by Borough Council for security reasons.

Walls, fences or other visual screens may be used in accordance with § 550-406 of this chapter.

Screening of off-street parking and loading areas shall be in accordance with § 550-408 of this chapter.

The property or business owner shall be responsible for the continuing maintenance of any planted screen, fence, or wall.

Permit and maintenance requirements.

A zoning permit must be obtained from the Borough for the erection of any fence, wall, or screen.

§ 550-407 Signs.

Permitted signs and size limitations.

Residential districts (R-1, R-2).

Nameplates or identification signs indicating the occupants of the residence or a permitted home occupation, not exceeding one square foot and attached to a wall of the residence.

Mixed-use districts (R/C-1).

Signs for any permitted or conditional residential use shall be the same as for R-1 Districts.

Identification or business signs for commercial, office or industrial uses, permitted as conditional uses, indicating the services or products sold on the premises, but not exceeding 16 square feet.

Nameplates or identification signs for other authorized conditional uses, not exceeding 12 square feet.

Construction signs as permitted in R-1 Districts.

Commercial Districts (C-1) and Conservation Districts (CD).

Any sign authorized on R-1 District.

Identification or business signs, indicating the services or products sold on the premises and not exceeding 30 square feet.

Industrial Districts (I-1).

Any sign authorized in residential or commercial districts.

Identification or business signs for uses permitted in these districts shall not exceed 50 square feet.

Placement of signs.

No sign shall be erected except on the property to which it is related, except in accordance with § 550-407H.

No sign shall be erected upon or applied to any roof.

A freestanding sign shall not obstruct in a required clear sight triangle.

Height of signs.

No authorized freestanding sign in an R-1, R/C-1 District, shall exceed eight feet in height, as measured from ground level at the base of, or below, the sign to the highest element of the sign.

In I-1 Districts, freestanding signs shall not exceed 20 feet in height, as measured from ground level at the base of, or below, the sign to the highest element of the sign.

Area of signs.

The area of a sign painted upon or applied to a building shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing associated with the sign.

Additional requirements.

Signs that are animated or have flashing illumination are prohibited in all districts.

Floodlighting shall be placed so that it is not visible from any point off the lot and only the sign is directly illuminated, however floodlighting shall be pointed so not as to affect neighbors.

If a use ceases for a period of 30 days, all signs for that use must be removed.

Zoning permits for the erection, alteration, relocation, or replacement of any sign must be obtained according to provisions of this chapter.

No sign shall be attached to any tree or utility pole on public or private property.

The temporary sign received a permit from the Zoning Officer; the period of the permit shall not exceed 30 days and may only be replaced twice a year.

The sign is only located on the premises where the special activity is taking place, and only one such sign shall be permitted for the premises.

The sign does not exceed six square feet.

The sign is not animated or flashing, and any illumination for the sign does nor create an unsafe condition for motorists or glare on surrounding properties.

Public right-of-way. There shall be no limit on the permitted number of temporary signs displayed.

Exemptions. The following signs shall be exempt from the requirements of this section:

Flags or emblems of a government, political, civic, philanthropic, educational, or religious organization displayed on private property.

Signs placed by a governmental body, including, but not limited to, promotional activities, traffic or directional devices, legal notices, and warning, instructional or regulatory signs.

Incidental signs displayed inside a window of a commercial establishment to advertise special sales of products sold, credit cards accepted, or those required by law or ordinance.

Official notices posted by public officers or employees in the performance of the officer's or employee's duties.

§ 550-408 Off-street parking requirements.

General provisions.

Utilization. Required off-street parking facilities shall be solely for the parking of motor vehicles in operating condition of patrons, occupants, or employees of such use.

Open parking. Open-air parking areas shall be located in accordance with this Zoning Ordinance.

Design and maintenance.

Design.

The minimum dimension of interior drives and parking aisles shall be:

Parking Angle	Minimum Aisle Width (feet)
90°	20
60°	18 (one-way)
45°	13 (one-way)
30°	11 (one-way)

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in association with any off-street parking facilities.

Required spaces by type of use.

Use Type
Residential Uses
R-1 Districts
Single-family, Two-family	2 spaces per dwelling unit
Multifamily in planned residential developments	1 1/2 spaces per dwelling unit
R-2 R/C-1
Single-family, two-family, multifamily	2 spaces per dwelling unit
C-1 District
Single-family, two-family, multifamily	1 space per dwelling unit
Commercial Uses
Automotive repair	1 per 150 square feet of GFA
Bank, savings-and-loan association	1 per 200 square feet of gross floor area (GFA)
Bank, drive-in	2 for each interior teller window
Business and professional offices other than medical or dental offices	1 per 500 square feet of GFA
Day-care center, preprimary school	1 per staff member, plus 1 space per 6 children
Doctor and dentist offices, including clinics	1 per 300 square feet of GFA in addition to 1 per every 2 staff/professional members
Eating and drinking establishments (sit-down type) with or without drive through	1 per 4 seats (1 per 2 employees)
Eating and drinking establishments (drive-in type)	1 per employee
Gasoline service station	2 spaces per service bay, plus 1 per employee. If the property includes a convenience retail then 2 additional parking spaces required.
Laundromats	1 per 3 washing machines or dryers
Medical and dental laboratory	1 per 200 square feet GFA
Funeral home	1 per 3 seats in any chapel or seating area and not less than 5 spaces for each viewing area or room
Motel or hotel	1 per guest room, plus parking requirements for any restaurant, bar or other facilities as required by this chapter
Personal service and repair establishments	1 per 100 square feet of GFA, plus 1 for each 2 employees
Retail business	1 per 200 square feet of GFA unless specifically listed
Theater	1 per 4 seats
Veterinary office or clinic or hospital	1 per 150 square feet of GFA, plus 1 per staff member
Commercial Recreation
Bowling alleys	2 per lane
Swimming pools and clubs	1 space per 40 square feet of water area
Tennis, racquetball courts, etc.	2 spaces per court
Other commercial recreational facilities not specifically mentioned	Based on review of Borough Council
Public, semipublic uses
Elementary, junior or senior high school	Based on review by Zoning Hearing Board
Colleges, universities and other special institutions	Based on review by Zoning Hearing Board
Private school for art, music, crafts, dance, etc.	1 per staff member, plus 1 per 3 students
Hospitals	1 1/2 per bed, plus 1 for each staff physician and 1 for each 2 other employees
Nursing or convalescent homes	1 per 3 beds
Recreation facility, public or private	1 per 4 persons of design capacity for the facility
Private clubs and lodges	1 per 4 persons of design capacity for the facility
Churches	1 per 3 fixed seats, plus 1 per employee
Public utilities	1 per 2 employees on 2 largest shifts combined
Industrial Uses
Manufacturing, warehouse and wholesale	1 per 2 employees on the 2 largest shifts combined

For all other uses not specifically covered above, parking shall be provided as determined by Borough Council based on the number of employees, normal visitors or patrons and site location.

§ 550-409 Off-street loading requirements.

General provisions.

Location.

Surfacing. All open off-street loading shall be improved with a compacted select gravel base, not less than seven inches thick, surfaced with an all-weather dustless material.

Repair and service. No motor vehicle repair work or service of any kind shall be permitted in Conjunction with any off-street loading facilities.

Utilization. Space allocated for any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

Required off-street loading spaces.

Use	Required Berth (based on gross floor area)
Manufacturing	1 berth for every 10,000 square feet
Wholesale, other uses	1 berth for every 8,000 square feet
Business and professional office	1 berth for every 10,000 square feet, not exceeding a total of 2 required stalls
Food stores and other retail stores	1 berth for every 5,000 square feet up to a maximum of 2 stalls and then 1 berth for every 20,000 square feet or fraction thereof

§ 550-410 Home occupations.

Authorization. Home occupations, which comply with the definition and standards of this chapter, shall be permitted as an incidental use to any principal dwelling unit.

Use limitations. The following regulations shall apply to all home occupations permitted under the provisions of this chapter:

No more than one person, other than members of the family occupying the dwelling, shall be employed.

There shall be no outdoor storage of equipment, materials, or finished products related to the home occupation.

Particular home occupations prohibited. The following uses do not constitute home occupations, therefore are not permitted as a home occupation.

Funeral homes.

Eating and drinking establishments.

Animal kennels or hospitals.

Tourist homes, rooming houses, unless specifically permitted by the district regulations.

Medical or dental clinic or hospitals.

Automobile, truck, bus, or boat repairs or rental facilities.

Video game and amusement arcades.

Theaters and other entertainment and commercial recreation facilities.

Home tanning booths, massage parlors, and/or sauna, steam or other therapy facilities and exercise facilities.

§ 550-411 Gasoline service stations.

Definition. See definition in § 550-202.

Use limitations.

No gasoline service station shall be located within 1,000 feet of a similar facility, which shall be measured from the property lines at the closest points.

Fuel pumps, air towers, and water outlets may be located outside an enclosed building, provided that no portion of these facilities shall be closer than 15 feet of any property line.

Inspections, lubrication, oil changes, tire changes and similar minor repairs are permitted if conducted entirely within a building.

All refuse shall be stored within a building or enclosed area.

No more than two vehicles, awaiting repairs, shall be stored outdoors during nonbusiness hours. Junk vehicles shall not be stored in the open at any time.

Automobile, van (less than 20 feet) or utility trailer rental is an authorized accessory use, provided that no more than three vehicles are visible on the premises at any time.

Off-street parking spaces shall be provided in accordance with § 550-408 of this chapter.

§ 550-412 Automotive repair facilities and car washes.

Definition. See definitions in § 550-202.

Use limitations.

All repair services shall be conducted within an enclosed building which complies with state and Borough regulations for such uses.

All automotive parts and supplies shall be stored within an enclosed building.

All refuse must be stored within a building or enclosed area.

No more than two vehicles shall be stored outdoors during nonbusiness hours; junk vehicles shall not be stored in the open at any time.

Off-street parking spaces shall be provided in accordance with § 550-408 of this chapter.

§ 550-413 Wireless communications facilities.

[Added 12-14-2022 by Ord. No. 629]

Short title. This section shall be known as the "Borough of Blawnox Wireless Communications Facilities Ordinance."

Purposes and findings of fact.

By enacting this section, the municipality intends to:

Regulate the placement, construction and modification of wireless communication facilities to protect the safety and welfare of the public;

Address new wireless technologies, including, but not limited to, distributed antenna systems, data collection units, and other wireless communications facilities;

Encourage the co-location of wireless communications facilities on existing wireless support structures rather than the construction of new wireless support structures;

Ensure that wireless communications facilities will be removed in the event that such wireless communications facilities are abandoned or become obsolete and are no longer necessary; and

Update the municipality's wireless communications facilities ordinance to incorporate changes in federal and state laws and regulations.

Definitions.

Certain terms used herein are defined at the Code of the Borough of Blawnox, Chapter 550, § 550-202, Definitions.

The "Borough" is Borough of Blawnox in Allegheny County, Commonwealth of Pennsylvania, including the "Council" and "Zoning Hearing Board" of the Borough.

"Chapter" as a term of reference in this chapter refers to this chapter.

"Shall" is always mandatory, except "shall" is directory when applied to public officials.

Laws applicable to all tower-based wireless communications facilities.

The following laws shall apply to all tower-based wireless communications facilities:

Procedures.

Development requirements. Tower-based wireless communications facilities shall be developed in accordance with the following requirements:

Siting. Tower-based WCFs are prohibited in all zoning districts and shall only be permitted in the following district by conditional use, subject to the requirements and prohibitions of this section:

General Industrial (I-1).

An evaluation of the need for additional buffer yard treatments.

[ix]

Prohibited in open space and conserved lands. Tower-based WCFs shall not be located within an open space or conserved land. Tower-based WCFs shall not be located within a Conservation District.

Prohibited in environmentally sensitive areas. No tower-based WCF shall be located in, or within 500 feet of, the habitat of a threatened or endangered animal species.

Sole use on a lot. A tower-based WCF may be 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.

Existing use. The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the wireless communications facility.

Separation. A tower-based WCF with a height greater than 90 feet shall not be located within 1/4 of a mile from any existing tower-based WCF with a height greater than 90 feet.

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

Collocation.

The proposed WCF and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at reasonable cost;

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;

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

A commercially reasonable agreement cannot be reached with the owner(s) of such structure.

Maintenance. The following maintenance requirements shall apply:

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the public.

All maintenance activities shall utilize nothing less than the best available technology and practices for preventing failures and accidents.

Tower-based WCF operators bear sole financial responsibility for all maintenance or emergency repair costs.

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Public rights-of-way. No tower-based wireless communications facility shall be located, in whole or in part, within the public rights-of-way.

Eligible facilities request.

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 the Borough of Blawnox Code of Ordinances.

Design regulations:

All utilities that are extended to the site of the tower-based WCF shall be placed underground.

Surrounding environs:

The tower-based WCF operator 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.

Fence/screen:

A security fence having a height of six feet shall completely surround any tower-based WCF, guy wires, or any building housing WCF equipment.

Accessory equipment:

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 above.

An amount of $75,000 to assure the faithful performance of the terms and conditions of this section.

(ee)

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.

(ff)

(gg)

Laws applicable to all non-tower wireless facilities.

The following laws shall apply to all non-tower wireless communications facilities:

Procedures.

Siting. Non-tower WCFs are prohibited in all zoning districts and permitted in the following zoning districts by conditional use, subject to the requirements and prohibitions of this section:

Single-Family Residential (R-1);

Single- and Two-Family Residential (R-2);

General Residential (R-3);

Mixed Residential Commercial (R/C-1);

Mixed Residential/Limited Manufacturing (R/C-2);

Community Business (C-1);

Community Business (C-1A); and

General Industrial (I-1).

Height. Any non-tower WCF shall not exceed the maximum height permitted in the applicable zoning district.

Residential attachment prohibited. Non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any accessory residential structure.

Site plan. An applicant for a non-tower WCF must submit a full site plan to the Borough of Blawnox Zoning Officer which shall include:

Eligible facilities request.

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 the Code of the Borough of Blawnox.

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.

Prohibited in open space and conserved lands. Non-tower WCFs shall not be located within an open space or conserved land.

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

An amount of $75,000 to assure the faithful performance of the terms and conditions of this section.

From time to time, but no more frequently than once during any five-year period, the Borough Council, at its sole discretion, may adjust the amount of the bond and require the submission of a new or modified bond based on engineering estimates of the cost of the removal and disposal of the antenna and associated facilities. The wireless communications facility operator may submit a written report, titled "Adjusted Cost of Non-Tower Wireless Facilities Removal" certified by a registered professional engineer (P.E.) licensed by the Commonwealth of Pennsylvania and containing engineering estimates of the cost of the removal and disposal of the antenna and associated facilities to the Borough Council. The Borough Council may consider, but shall not be required to rely upon, operator's written report in determining the adjusted bond amounts.

Design regulations.

Antennas, 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.

Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, the owner of the non-tower WCF shall have said non-tower WCF inspected by a Pennsylvania-licensed and registered professional engineer (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 Borough's Zoning Officer following the inspection. Any repairs advised by the report shall be effected 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.

Maintenance. The following maintenance requirements shall apply:

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

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.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

Non-tower WCF operators bear sole financial responsibility for all maintenance or emergency repair costs.

Upgrade, replacement, modification.

Any material modification to a non-tower WCF shall require a prior amendment to the original permit or authorization.

Public rights-of-way. No non-tower WCF shall be located, in whole or in part, within the public rights-of-way.

Laws applicable to all small wireless communications facilities.

The following laws shall apply to small wireless communications facilities:

Development requirements.

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.

All small WCF shall comply with the applicable requirements of the Americans with Disabilities Act[3] and all applicable streets and sidewalks requirements in the Borough of Blawnox Zoning Ordinance.

Editor's Note: See 42 U.S.C.A. § 12101 et seq.

Small WCFs shall not be located or attached on single-family detached residences, single-family attached residences, or any accessory residential structure.

Small WCFs shall not be located in any municipal park, or in any land owned by the Borough or authorized by the Borough to be designated as a Municipal Park or open space, whether or not developed.

Procedures.

Any applicant proposing a small WCF shall submit an application to the Borough's Zoning Officer for site plan review and administrative determination.

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

Basis of denial of application. The Borough retains the authority to deny an application to construct, place, modify, or operate a small WCF in the public rights-of-way if any of the following apply:

Editor's Note: See 42 U.S.C.A. § 12101 et seq.

The small WCF fails to comply with the Code of the Borough of Blawnox, or any other applicable ordinance or code.

The small WCF fails to comply with the requirements specified under the Pennsylvania Small Wireless Facilities Deployment Act,[6] or any other applicable state law.

Editor's Note: See 53 P.S. § 11704.1 et seq.

The small WCF fails to comply with the requirements specified under federal law and FCC regulation.

Eligible facilities request.

In order to be considered for such permit, the small WCF operator must submit a building permit application to the municipality in accordance with the Code of the Borough of Blawnox.

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

Maintenance. The following maintenance requirements shall apply:

Any small WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the public.

All maintenance activities shall utilize nothing less than the best available technology and practices for preventing failures and accidents.

The construction, repair, maintenance or installation by the municipality or other public improvement in the public rights-of-way;

The operations of the municipality or other governmental entity in the right-of-way;

Vacation of a street or road or the release of a utility easement; or

An emergency as determined by the municipality.

[23]

[24]

Inspection report requirements. No later than the first day of December of each odd-numbered year, or within 30 days following a written request by the municipality, the owner of the small WCF shall have said small WCF inspected by a Pennsylvania-licensed and registered professional engineer (P.E.) who is regularly involved in the maintenance, inspection, and/or modification of small WCFs. A copy of said inspection report and certification of continued use shall be provided to the Borough's Zoning Officer following the inspection. Any repairs advised by the report shall be effected 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 small WCF shall again be inspected in accordance with the parameters and requirements described herein.

[25]

Editor's Note: The fee schedule for wireless communications facilities is on file in the Borough offices.

[26]

Laws applicable to all wireless facilities.

Fee payments are nonrefundable. All fees paid to the municipality, including, but not limited to, application fees and permit fees, are nonrefundable and will not be returned to the applicant.

Insurance and indemnification of wireless facilities.

Insurance.

Editor's Note: See 33 U.S.C.A. § 901 et seq.

Premises and operations.

Products/completed operations.

Independent contractors.

Personal and advertising injury.

Blanket contractual liability.

[f]

Explosion, collapse, underground liability (XCU).

[g]

[h]

The certificate of insurance should show this applies to the general liability coverage on the certificate, and additional insured endorsement shall be attached.

[j]

Cross liability coverage (commercial general liability and business automobile liability policies only).

[k]

Coverage must be written on an occurrence policy form.

[l]

No deductible or self-insured retention should exceed $50,000.

Professional liability (if applicable), with limits no less than $1,000,000 per claim. Coverage must be written as an occurrence policy.