Bridgeport City Zoning Code

For example, if Use One requires a one-acre minimum lot area and Use Two, on the same lot, requires a two-acre minimum lot area, then the minimum lot shall have a minimum lot area of two acres.

The applicant shall submit a site plan that demonstrates that each structure would meet the requirements of this chapter.

The land shall be in common ownership. However, a condominium form of ownership of individual buildings, with a legally binding property owners' association, may be established if the applicant proves to the satisfaction of the Zoning Officer, based upon review by the Borough Solicitor, that there will be appropriate legal mechanisms in place.

A condominium residential development or multifamily building/unit development may include more than one principal building per lot, provided all other requirements of this chapter and applicable state law are met. Proper agreements acceptable to the Borough shall be required to ensure proper maintenance of any commonly owned facilities.

Corner lots. For a corner lot, the minimum side yard depth abutting a public street shall be equal to the minimum depth of the front yard except if the side yard is abutting an alley.

Projections into required yards:

Front yard setback exceptions:

They existed on the date of adoption of this chapter; or

They existed on the date of an amendment to the Official Zoning Map or on the date of an amendment to or re-enactment of the text of this chapter, and such amendment or re-enactment caused the noncompliance.

The Zoning Officer may seek the advice of the Borough Solicitor and/or others in making a determination.

If it cannot be determined by means of positive documentation that a use, building, structure, or sign was in lawful existence at the time an ordinance or amendment would have rendered it nonconforming, the Zoning Officer must refuse to confer the nonconforming status.

If the applicant disagrees with the Zoning Officer's determination, the applicant may appeal to the Zoning Hearing Board as provided in the Municipalities Planning Code (Pennsylvania Act 247, as amended).[1]

Nonconforming structure.

Nonconforming lots.

Expansion of a nonconforming nonresidential use: A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions.

Expansion of a nonconforming residential use: An existing nonconforming residential use may be expanded as a permitted by right use in accordance with the following:

Nonconforming sign. See § 560-1821, Nonconforming signs.

A nonconforming structure that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if:

Nothing in this chapter shall prevent the strengthening or restoration to a safe condition of any walls, floor, foundation, or roof which has been declared unsafe by the Borough Building Inspector.

If a nonconforming use of a building or land is discontinued, razed, removed or abandoned for 12 or more months, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except:

If requested in writing by the Zoning Officer, the applicant shall be responsible to provide written information regarding how the building or land was used over a certain time period.

Once changed to a conforming use, a structure or land shall not revert to a nonconforming use. In order to receive a permit for a conforming use, the Borough may require the applicant to sign a written statement that the nonconforming use has been abandoned.

A nonconforming use may be changed to a different nonconforming use only if permitted as a special exception by the Zoning Hearing Board. However, special exception approval is not needed for a simple change within an existing building from one lawful nonconforming retail store use to another retail store use or from one lawful nonconforming personal service use to another personal service use, provided that the new use complies with any Zoning Hearing Board conditions that applied to the previous use and is not more objectionable in external effects than the previous use. [See Subsection I(3), below, for more on objectionable external effects.]

Where special exception approval is required for a change of a nonconforming use, the Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equal or less objectionable in external effects than the preexisting nonconforming use with regard to:

A nonconforming use shall not be changed to a nonconforming adult use.

Standard of care. All communications antennas 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 Pennsylvania Uniform Construction Code, American National Standards Institute (ANSI) Code, and National Electrical Code. Communications antennas shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

Permitted in all zoning districts. Communications antennas are permitted pursuant to this chapter in all zoning districts throughout the Borough, so long as they comply with all of the terms and conditions of this chapter.

Historic areas. To the extent permitted by state and federal law, no communications antenna may be located upon any property, or on a building or structure that is listed on either the National Register of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the Borough to be of specific historical significance.

Wind. Communications antennas structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).

Aviation safety. Communications antennas shall comply with all federal and state laws and regulations concerning aviation safety.

Public safety communications and other communications services. Communications antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. A communications antenna shall not, by itself or in conjunction with other antennas and/or communications towers, 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.

Removal. In the event that use of a communications antenna is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned communications antennas, or portions of communications antennas, shall be removed as follows:

Indemnification. Each person that owns or operates a communications antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the communications antenna. Each person that owns or operates a communications antenna shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a communications antenna. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

Removal, replacement and modification.

Permit required. Communications antenna applicants proposing changes to an existing communications tower, base pad, related equipment, or communications antenna that do not substantially change the dimensions of the existing wireless support structure or otherwise fall under the WBCA or pertinent provisions of the FCC's October 2014 Report and Order, shall obtain a building permit from the Borough. In order to be considered for such a permit, the applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.

Timing of approval for applications that fall under the WBCA and/or FCC's October 2014 Report and Order, as amended. Within 30 calendar days of the date that an application for a communications antenna is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.

Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a communications antenna or $1,000, whichever is less.

Prohibited on certain structures. Communications antennas shall not be located on any single-family detached dwelling, single-family semi-detached dwelling (twin), two-family detached dwelling (duplex), or single-family attached dwelling (townhouse).

Conditional use approval required. Any applicant proposing the construction of a new communications antenna, or a material modification to an existing antenna, shall first obtain conditional use authorization from Borough Council. New constructions, modifications, and replacements that fall under the WBCA, or the applicable provisions of the FCC's October 2014 Report and Order, shall be not be subject to the conditional use process. The conditional use application, and accompanying documentation, shall demonstrate that the proposed facility complies with all applicable provisions in this section.

Retention of 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 communications antenna and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these communications antenna provisions. The applicant and/or owner of the communications antenna shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a communications antenna, as well as inspection, monitoring, and all other related costs.

Development regulations. Communications antennas shall be co-located on existing wireless support structures subject to the following conditions:

Security fence. A security fence with a maximum height of 10 feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building, or any structure housing related equipment, shall not interfere with the parking or vehicular circulation on the site for the principal use.

Non-commercial usage exemption. Borough residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio and/or internet connections at their respective residences, as well as amateur radio operators, shall be exempt from the regulations enumerated in this section of this chapter.

Design regulations. Communications antennas shall employ stealth technology or shall be treated to match the wireless support structure to which they are mounted in order to minimize aesthetic impact. The application of the stealth technology/color treatment chosen by the applicant shall be subject to the approval of the Borough.

Inspection. The Borough reserves the right to inspect any communications antenna to ensure compliance with the provisions of this chapter and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a communications antenna is located, upon reasonable notice to the operator, to ensure such compliance.

Insurance. Each person that owns or operates a communications antenna shall provide the Borough with a certificate of insurance, naming the Borough as an additional insured, and evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications antenna.

Co-location. Communications antennas in the ROW shall be co-located on existing infrastructure, such as existing utility poles or light poles. If co-location is not technologically or economically feasible, the applicant, with the Borough's approval, shall locate its communications antennas on existing poles or freestanding structures in the public rights-of-way that do not already act as wireless support structures.

Conditional use approval required. Any applicant proposing the construction of a new communications antenna shall first obtain conditional use authorization from Borough Council. New constructions, modifications, and replacements that fall under the WBCA or the applicable provisions of the FCC's October 2014 Report and Order, shall be not be subject to the conditional use process. The conditional use application, and accompanying documentation, shall demonstrate that the proposed facility complies with all applicable provisions in this chapter.

Design requirements:

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications antennas in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.[2]

Equipment location. Communications antennas and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

Relocation or removal of facilities. Within two months following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, the owner of a communications antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications antenna when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Standard of care. All communications towers 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 Pennsylvania Uniform Construction Code, American National Standards Institute (ANSI) Code, Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. At all times, communications towers shall 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 Borough.

Notice. Upon submission of an application for a communications tower and the scheduling of the mandatory public hearing before Borough Council, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the Borough.

Conditional use authorization required. Communications towers are permitted by conditional use in certain zoning districts, at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the proposed communications tower is the minimum height necessary for its service area.

Engineer inspection. Prior to Borough Council's issuance of a permit authorizing construction and erection of a communications tower, a structural engineer registered in Pennsylvania shall issue to the Borough a written certification of the proposed communications tower's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the conditional use proceedings before Borough Council, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.

Visual appearance. All communications towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. Borough Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district and/or surrounding area involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and construction principles, practices and techniques.

Co-location and siting. An application for a new communications tower shall first demonstrate that the proposed communications tower cannot be accommodated on land or structures owned by the Borough of Bridgeport. If such accommodation is not possible, the applicant shall demonstrate that the proposed tower cannot be sited on structures already approved for the placement of wireless facilities. Borough Council may deny an application to construct a new communications tower if the applicant has not made a good faith effort to mount a communications antenna on an existing structure. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 of a mile radius of the site proposed, sought permission to install a communications antenna on those structures, buildings, and towers and was denied for one of the following reasons:

Permit required for modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of an existing communications tower, which substantially changes the overall height of such wireless support structure, shall first obtain a building permit from the Borough.

Gap in coverage or capacity. The applicant must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of communications tower being proposed is the least intrusive means by which to fill that gap. The existence or non-existence of a gap in wireless coverage or capacity shall be a factor in Borough Council's decision on an application for approval of communications tower.

Additional communications antennas. The applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate communications antennas on communications towers where technologically and economically feasible. To the extent permissible under federal and state law, the owner of a communications tower shall not install any additional communications antennas without obtaining the prior written approval of the Borough.

Wind. All communications towers shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition 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.

Height. In all zoning districts except, the maximum height of any communications tower shall be 150 feet. Communications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility, unless the applicant proves to the satisfaction of the Zoning Hearing Board that it cannot infill its gap in coverage or capacity at such height.

Related equipment. Either one single-story wireless communications equipment building not exceeding 250 square feet in area, or up to five boxes placed on a pad not exceeding 10 feet by 20 feet in area housing related equipment or a base station, may be located on the site for each unrelated company sharing space on the communications tower.

Public safety communications and other communications services. No communications tower shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Radio frequency emissions. A communications tower shall not, by itself or in conjunction with other communications towers or antennas, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Historic buildings or districts. To the extent permitted by state and federal law, no communications tower may be located upon any property, or on a building or structure, that is listed on either the National Register of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the Borough to be of local historic significance.

Signs. All communications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the communications tower shall be those required by the FCC, or any other federal or state agency.

Lighting. No communications tower shall 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. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and the Borough Manager.

Noise. Generators shall be located below grade and suitably soundproofed so that noise volumes measured at all property lines do not exceed levels as outlined in this chapter, or by state law.

Aviation safety. Communications towers shall comply with all federal and state laws and regulations concerning aviation safety.

Retention of experts. The Borough may hire any consultant and/or expert necessary to assist the Borough in reviewing and evaluating the application for approval of the communications tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the communications tower shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Timing of approval pursuant to FCC regulations, as amended. Within 30 calendar days of the date that an application for a communications tower is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications tower and the Borough shall advise the applicant in writing of its decision.

Non-conforming uses. Non-conforming communications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.

Removal. In the event that use of a communications tower is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned communications towers, or portions of communications towers, shall be removed as follows:

Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a communications tower, as well as related inspection, monitoring, and related costs.

FCC license. Each person that owns or operates a communications tower over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.

Insurance. Each person that owns or operates a communications tower greater than 40 feet in height shall provide the Borough with a certificate of insurance naming the Borough as an additional insured, and evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communications tower. Each person that owns or operates a communications tower 40 feet or less in height shall provide the Borough with a certificate of insurance naming the Borough as an additional insured, and evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each communications tower.

Indemnification. Each person that owns or operates a communications tower shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the communications tower. Each person that owns or operates a communications tower shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the communications tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Engineer signature. All plans and drawings for a communications tower shall contain a seal and signature of a professional structural engineer licensed in the Commonwealth of Pennsylvania.

Financial security. Prior to receipt of a zoning permit for the construction or placement of a communications tower, the applicant shall provide to the Borough financial security sufficient to guarantee the construction of the communications tower. Said financial security shall remain in place until the communications tower is fully constructed. Should the communications tower be abandoned by the owner and/or operator, and not removed within two months of such abandonment, the Borough shall have the authority to remove the communications tower and sell all of its pieces, as well as related equipment, used in the operation of the communications tower, in order to recover the cost of said removal.

Development regulations.

Design regulations.

Surrounding environs.

Fence/screen.

Related equipment.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to communications towers. The access road shall be a dust-free all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the communications tower owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

Parking. For each communications tower greater than 40 feet in height, there shall be two off-street parking spaces.

Inspection. The Borough reserves the right to inspect any communications tower to ensure compliance with this chapter and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a communications tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Location and development standards.

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.[3]

Equipment location. Communications towers and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

Design regulations.

Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a communications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower when the Borough, 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:

Reimbursement for ROW use. In addition to permit fees as described in this section, every communications tower in the ROW is subject to the Borough'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 Borough'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 Borough. The owner of each communications tower shall pay an annual fee to the Borough to compensate the Borough for the Borough's costs incurred in connection with the activities described above.

Ensure a safe and efficient transportation network for all users, including drivers, pedestrians and bicyclists.

Identify any transportation problems that may be created in the existing transportation system as a result of the proposed development.

Identify solutions to potential problems and to present mitigation improvements to be incorporated into the proposal.

Assist in the protection of air quality and the conservation of energy, and to encourage the use of public transit where available.

The TIS shall be prepared by a qualified traffic engineer and/or transportation planner in accordance with PennDOT Publication 282, Appendix A, "Policies and Procedures for Transportation Impact Studies," current edition, as amended, with the cost borne by the applicant. The traffic study shall include sufficient information to assess the impact of the proposed development on all roads within a quarter-mile radius of the subject property. The study must demonstrate that the proposed development will not adversely affect traffic circulation in surrounding areas, or else identify any traffic problems that might be caused or aggravated by the use, and delineate solutions to those problems. Based on the findings of the study, the reviewing body may require on-site improvements, which will alleviate hazardous or congested situations, as a condition for approval.