Cheswick City Zoning Code
ARTICLE VI
Conditional or Special Exception Uses
§ 158-42 Applicability.
Applications for conditional uses, when listed as permissible by this chapter, shall be approved or denied by the Borough Council in accordance with the standards and criteria of this article. These standards shall be in addition to all other applicable requirements of this chapter.
§ 158-43 Application procedure.
A.
Application content. Applications for conditional uses shall be submitted to the Zoning Officer in the form prescribed by the Borough. Such materials shall include the following:
(1)
Existing conditions on the property, from a current survey prepared by a registered land surveyor or professional engineer, showing, where applicable:
(a)
The lot size in square feet, boundary by bearings and distances.
(b)
Abutting streets, including right-of-way width, pavement width, paving materials, curbs and sidewalks.
(c)
Sanitary sewers, storm sewers and water lines to serve the property, including line sizes, invert and top elevations of manholes, hydrants and storm drainage controls.
(d)
Gas, electric and telephone lines and poles.
(e)
Easements across the property by width and use.
(f)
Topography at two-foot contour intervals for the property and within 50 feet of the perimeter of the property.
(g)
Existing structures on the property, including walls, buildings and trees over twelve-inch caliper.
(h)
The names of owners of record of adjacent properties.
(i)
The names of owner or owners of property for which the conditional use is sought and names of developer or developers if different from owner.
(j)
The North arrow, date of survey, graphic scale and seal of engineer or surveyor preparing the survey.
(2)
Proposed plan, which may be combined with the survey, showing where applicable:
(a)
The number of dwelling units or square footage of nonresidential space to be developed by floor, building and total.
(b)
The location of proposed structures with dimensions of each structure and distances between structures and between structures and lot lines.
(c)
The proposed access to the lot, interior circulation for vehicles and pedestrians, parking and loading areas, walkways, including grades of paved areas, proposed construction, width and number of spaces in parking areas.
(d)
The proposed connection to public sanitary sewage and water supply system or the proposed extension of such systems into the property to serve the structure or structures.
(e)
The proposed storm drainage system, designed in accordance with § 158-30, including connection to a point of existing storm sewer system, pipe size and methods of collecting surface, roof and paved area runoff.
(g)
The proposed screening and landscaping, as required by this chapter, and methods or preserving natural site conditions on any part of the property not occupied by structures or paving.
(3)
A proposed construction schedule shall be submitted, showing anticipated start and completion dates for all structures and site improvements.
(4)
The Borough Council may require additional materials where necessary to determine compliance with the provisions of this chapter. At its discretion, upon request of the applicant, the Council may waive parts of the submission requirements where they are obviously irrelevant.
B.
Review procedure.
(1)
Upon receipt of the application, the Zoning Officer shall review for completeness (in terms of Subsection A) and compliance with the literal terms of this chapter. If any deficiencies are noted, the applicant will be notified within seven working days of submission. The stated review period for an application shall not commence until the application is determined to be complete by the Zoning Officer. If the applicant wishes to request a variance to any provision, an application for a hearing before the Zoning Hearing Board may be made at the same time as the conditional use application.
(2)
Within three working days of the submission of a complete application, the Zoning Officer shall forward copies to the Planning Commission and the Council. The Planning Commission shall review it at its next regular or special meeting and shall submit its comments, in writing, to the Council within 30 days of the date that the Commission received the application.
(3)
Review of application.
(a)
The Council shall hold a public hearing, pursuant to public notice, on the application. The Borough Council shall act to approve or deny the application within 75 days of the date on which a complete application was filed.
(b)
Within 10 days of approving or denying the application, the Council shall provide the applicant with a written decision, identifying the reasons for its determination and making reference to the facts, ordinance provisions, rules or regulations upon which the Council based its decision. In approving an application, the Council may impose reasonable conditions and safeguards which it determines necessary to accomplish the objectives of this chapter.
(c)
Where the Council fails to render a decision within the seventy-five-day period, the application shall be deemed to be approved, unless an extension of time has been agreed to by the applicant.
C.
Revocation of approval. The approval of a conditional use application shall be valid for a period of 12 months from date of approval. If, within this period, the zoning permit has not been issued, then the conditional use approval shall be revoked, and the applicant must reapply for conditional use approval. One extension of up to six months may be granted by the Borough Council where the applicant can show good cause for the delay.
§ 158-44 General standards and criteria.
Before approving a conditional use application, the Council shall determine that the proposed use will not alter the established character and use of the neighborhood or district in which it is located and that it will not impair substantially the use or development of adjacent properties. The Council shall use the following general standards, among other things, in its evaluation.
A.
The proposed use complies with all applicable provisions and requirements for the type of use contained in this chapter, unless a variance to any provision has been granted by the Zoning Hearing Board, and with other applicable Borough, county and commonwealth ordinances, laws and regulations.
B.
The proposed use is in substantial conformity with the Borough's Comprehensive Plan and land use plan update, and it is compatible with the surrounding land uses. The use does not have a negative impact on the existing neighborhood or development in terms of air and water quality, noise, potential hazards, illumination and glare and restrictions to natural light and circulation.
C.
The proposed site for the conditional use is suitable in terms of topography and soils conditions and size, based on the number of projected users and the frequency of use of the proposed use.
D.
The proposed use and site provides for safe, adequate vehicular and pedestrian access. It has access from a street capable of handling the traffic generated by the proposed use, and it will not result in undue traffic congestion and hazardous conditions on adjacent streets. The use provides for safe, efficient internal circulation and sufficient off-street parking and loading.
E.
The proposed use complies with all applicable standards and requirements for providing sanitary sewage disposal, water supply, stormwater management, prevention or erosion and sedimentation and solid and toxic waste storage and disposal.
F.
The proposed use provides screening and/or buffer areas as required by this chapter.
G.
The proposed use/development conforms to the scale, character and exterior appearance of existing structures and uses in the neighborhood in which it is located.
§ 158-45 Special standards and criteria.
For the types of uses identified in this section, the Council shall also determine that the proposed use complies with these standards, in addition to applicable requirements contained in other articles of this chapter.
A.
Public and semipublic uses shall be as follows:
(1)
Churches and similar places of worship.
(a)
Religious developments shall have principal access only to streets with a right-of-way width of 40 feet or more.
(b)
Vehicular access points shall be as remote from street intersections as possible. Where it deems necessary, the Council may require the preparation of a traffic study by a professional engineer experienced in traffic analysis and design to determine the potential traffic impacts of the proposed use and measures required to alleviate any traffic problems.
(c)
Parking areas shall be screened from adjacent residential areas in accordance with § 158-26 of this chapter.
(d)
Areas of the property not occupied by structures, or paved, shall be landscaped and maintained.
(e)
Where living accommodations in the form of group quarters for members of religious orders are an accessory use of the development, such accommodations shall not provide for more than 12 individuals for each 20,000 square feet of lot area or fraction thereof.
(2)
(3)
Public utility uses and structures.
(a)
The location of such uses and structures shall comply with the applicable district and supplemental regulations of this chapter except where required by the safety or operating characteristics of the facility; any variance shall be that which will be the least disruptive to present and future development of the affected area.
(b)
The visual impact of such structures and facilities shall be reduced to a minimum consistent with the safe operating requirements of the facility. Landscaping and screening in accordance with the provisions of this chapter shall be provided to the maximum extent feasible.
(c)
All uses or structures shall comply with applicable county and commonwealth laws and regulations for the construction and use of such facilities.
B.
Residential uses shall be as follows:
(1)
Multifamily dwellings, townhouses.
(a)
Multifamily dwellings with more than five units shall have principal access only to streets with a right-of-way width of 40 feet or more. Developments with multiple principal structures shall have access to at least two such streets.
(b)
No multifamily building shall exceed 120 feet along any building face.
(c)
No structure within a multifamily development shall be located within 25 feet of any lot line or any principal structure on an abutting property. Any structure over 35 feet in height shall be set back from any lot line a distance of one additional foot for each two feet in height over 35 feet.
(d)
For a development with more than one principal building, the following minimum dimensions shall be maintained between adjacent buildings:
[1]
Side (or end) walls face each other, but neither contains dwelling windows: 20 feet.
[2]
Side (or end) walls face each other and contain dwelling windows: 25 feet.
[3]
Side (or end) wall of one building faces front or rear wall of adjacent building: 30 feet.
[4]
Front or rear walls face each other: 40 feet.
(e)
Required parking and loading shall be provided in accordance with §§ 158-26 and 158-27. Access drives to the development shall be at least 18 feet in width and shall be located at least 20 feet from adjacent street intersections. Access drives and parking areas shall be paved and curbed. At no point shall parking area surfaces exceed a slope of 6%.
(f)
Where service or parking access is provided in whole or in part via an alley at the rear or side of the property, such alley shall be improved with a paved surface in accordance with Borough requirements and shall extend through to all cross streets.
(g)
All public utility installations shall enter the property and be maintained underground.
(h)
An area of at least 100 square feet in area for each dwelling and an additional 75 square feet for each bedroom in excess of one in any dwelling shall be provided for recreational use for the residents of the dwellings. Recreational use may be provided outdoors, within the building or buildings or on a flat roof improved for such purpose, or any combination of these. Recreation areas shall be designed, equipped and maintained by the property owner.
(i)
All areas of the property not occupied by buildings or paved areas shall be landscaped with suitable materials and maintained by the property owner.
(2)
Residential conversions.
(a)
One and one-half off-street parking spaces must be provided for each dwelling unit.
(b)
No individual dwelling unit shall contain less than 600 square feet of floor area and shall include kitchen and bath facilities.
(c)
There shall be at least two means of egress to the outside or via a common hallway to the outside from each apartment.
(d)
Each unit shall have heat capable of maintaining a temperature of 70° F. while the outside temperature is 0°.
(e)
Ventilation shall be supplied in each unit capable of a complete air change twice per hour continuously, or the operable sash area in the dwelling unit equals or exceeds in area 1/20 of the total floor area.
(g)
No dwelling unit shall be located in a basement or cellar which is wholly below grade, and no separate unit shall be located on the third floor of a wood-frame building.
(h)
The conversion shall not result in making the structure nonconforming as to lot area and dimensional requirements for the district in which it is located.
(3)
Multifamily dwellings in a commercial building.
(a)
Such dwellings may be located in the upper floors of a commercial building in the C-1 District only.
(b)
The principal access to the dwelling units shall be on the ground floor of the building; secondary access for fire escapes may be provided via upper floor entries.
(d)
One off-street parking space shall be provided for each dwelling unit. Parking spaces may be provided on the same property as the dwelling units or within 200 feet of the principal entrance of the dwellings, provided that the property is held under the same ownership and a deed restriction is filed to assure its continued use for parking as long as the dwelling exists.
(4)
Group residences and personal care boarding homes.
(a)
Group residences and personal care boarding homes are allowed only in the zoning districts where listed as conditional uses in Article III of this chapter.
(b)
In order to prevent the concentration of group residences or personal care boarding homes in a neighborhood and to avoid impacting existing residences, no such facility may be located within the same block or within 2,000 feet, whichever is more, of a like facility or a nursing or convalescent home.
(c)
Off-street parking requirements for a single-family home shall apply, provided that at least one space is provided for each staff member and employee, based on the peak shift, and one space per two residents where the facility includes residents capable of operating a motor vehicle. Parking shall be provided on the same lot on which the group residence or boarding home is located.
(d)
Minimum lot area, yard setback and structural heights shall be as prescribed in the district where the property is located, unless otherwise stated herein.
(e)
Change of ownership or of any other condition contained in the original approval of the group or personal care boarding facility shall constitute a new use, and the procedure for obtaining conditional use approval of a new facility shall be executed.
(f)
The owner of the group residence or personal care boarding home shall obtain any required licenses or certifications from the appropriate commonwealth or county agency prior to the conditional use approval. In no case shall an occupancy permit be granted for the facility until proof of such licenses or certifications has been filed with the Borough.
(g)
If the facility is one which is licensed by a governmental agency or an agent of government, a current license from the appropriate agency(ies) is necessary for initial and continued approval. Suspension or revocation of the license shall revoke the conditional use approval. A new conditional use application will be required to continue operation.
(h)
The facility must comply with all applicable building, fire and safety codes and obtain necessary approvals/permits from the Pennsylvania Department of Labor and Industry.
C.
Nonresidential uses shall be as follows:
(1)
Amusement arcades. No video game or amusement arcade, as defined by this chapter,[2] shall be located within 500 feet of a public or private school, church, public recreation area, public building, medical building or establishment licensed by the Pennsylvania Liquor Control Board. This distance shall be measured from the entrance/exit of the facility in the most direct line or route on, along or across the street adjacent to the facility to any school, church, medical building, recreation area or residential zone.
(2)
Day-care centers, private schools for preprimary-age children.
(a)
The operator of the day-care center or school shall obtain the required licenses and approvals from the appropriate commonwealth agencies prior to approval of the conditional use application and/or the occupancy permit.
(3)
Gasoline service stations.
(a)
All storage of gasoline and other flammable liquid shall occur in well-vented tanks below grade, except for storage of minor supplies in containers no larger than five gallons' capacity. Storage facilities shall be maintained according to applicable requirements of the Borough Fire Code[3] and other Borough, county and commonwealth laws.
(b)
Access to the property shall be limited to two drives, each no more than 35 feet in width. Access driveways to the service station shall be at least 40 feet from the intersection of any public streets, measured from the intersecting street right-of-way lines and the nearest edge of the access drives.
(c)
Fuel pumps, air towers and water outlets may be located outside an enclosed building, provided that these facilities are located within the required setback lines for the zoning district.
(d)
Inspections, lubrication, oil changes, tire changes, automobile washing and similar minor repairs are permitted if conducted entirely within an enclosed building.
(e)
All automobile parts and supplies shall be stored within a building, except that automotive supplies may be displayed for sale at the fuel pump and at a distance no greater than five feet from the pumps.
(f)
All refuse shall be stored in compliance with the Borough and county fire codes and other applicable ordinances.
(g)
No vehicle shall be parked or stored on a public right-of-way or property at any time. Vehicles awaiting repairs may be parked or stored on the premises, provided that they do not exceed the number of available off-street parking spaces for the service station. Damaged vehicles or those without a current registration shall not be stored on the property for more than one week, except in a building or within an area enclosed by a solid fence of at least six feet in height.
(h)
Rental of automobiles, vans (less than 20 feet long) or utility trailers is an authorized accessory use, provided that no more than three vehicles are visible on the premises at any time.
(j)
The entire surface shall be paved with a permanent all-weather surface edged with a curb, excluding required landscaped areas.
(4)
Hotel/motel/inn.
(a)
Such facilities may include a restaurant providing for dining facilities to serve both overnight guests of the hotel and the general public. If a restaurant is provided, it must provide off-street parking as required by § 158-26 of this chapter, in addition to the parking required for the hotel/motel.
(b)
Areas not occupied with buildings and parking areas shall be completely landscaped and planted with lawns, ornamental trees and shrubs.
(c)
No buildings shall be set closer than 50 feet to the front, side and rear lot lines.
(d)
There shall be not less than 800 square feet of lot area for each sleeping unit. The minimum lot area for a hotel, motel and inn shall be one acre.
(e)
Sleeping units shall contain a bedroom and bath and have a floor area of not less than 250 square feet.
(f)
If the lot upon which a hotel is erected abuts a residential district, it shall be screened by well-maintained landscaping not less than six feet nor more than 10 feet high or an ornamental fence within the same height limitations, the ratio of the solid portion to the open portion of which shall not exceed three to one (3:1).
(g)
The facility shall have access from a public street of sufficient size and capacity to accommodate the projected traffic. If any road improvements or traffic signals are required to an existing public road as a result of the proposed hotel, the hotel owner or developer shall bear the cost of any such improvements.
(5)
Nursing/convalescent home.
(a)
The facility shall be licensed by the commonwealth and obtain all necessary approvals from regulatory agencies and accreditation organizations. Documentation of such approvals shall be submitted to the Borough prior to the issuance of the occupancy permit.
(b)
No nursing or convalescent home shall be located within 1,000 feet of any other like facility or a group residence or personal care home.
(c)
The facility must comply with all applicable building, fire and safety codes and obtain necessary approvals/permits from the Pennsylvania Department of Labor and Industry.
(d)
The facility shall provide all required off-street parking and loading spaces on the same zoning lot on which it is located.
(6)
Shopping centers.
(a)
A "shopping center" is a building or group of buildings designed as a unified complex, containing a variety of retail and service businesses.
(7)
Outdoor retail sales.
(a)
Only businesses involving sales of nursery stock, gardening equipment and/or supplies, sales and service or recreational vehicles or swimming pool components and supplies are permitted.
(b)
Sales or service of used motorcycles, heavy commercial vehicles, mobile homes, heavy construction equipment or similar items shall not be permitted.
(c)
A permanent structure for office use, servicing of items sold on the premises and/or display and storage of small merchandise available for sale shall be built or have been built on the property before the business opens. Structures shall comply with the applicable area and dimensional requirements of the zoning district. No structure or outdoor display area shall be located within 10 feet of any street right-of-way.
(d)
Display areas shall be paved with a permanent all-weather surface, and areas not utilized for display shall be landscaped. No outdoor accumulation of discarded or damaged materials shall be permitted.
(e)
Any lighting for the outdoor retail area shall be from an indirect source, which shall not be visible from adjacent streets or properties.
(8)
Vehicular repair garages.
(a)
All repair services shall be conducted within an enclosed building which complies with Pennsylvania Department of Labor and Industry regulations for such uses.
(b)
All vehicular parts and supplies shall be stored within an enclosed building.
(c)
All refuse must be stored in compliance with Borough and county fire codes and other applicable ordinances.
(d)
No vehicle shall be parked or stored on a public right-of-way or property at any time. The number of nonoperable vehicles or those awaiting repairs which are parked or stored outdoors at any time shall be limited to the number of off-street parking spaces provided by the garage.
(9)
Manufacturing uses, research laboratories.
(10)
Supply yards.
(a)
The minimum lot area for a supply yard shall be one acre.
(b)
There shall be no exterior storage of any materials or equipment within 15 feet of any front lot line or within 10 feet of any side or rear lot line.
(c)
Any structures for the supply yard shall comply with the applicable area and dimensional requirements of the zoning district.
(11)
Salvage yards.
(a)
The minimum lot area for a salvage yard shall be two acres.
(b)
Any structures for the salvage yard shall comply with the applicable area and dimensional requirements of the zoning district.
(c)
There shall be no exterior storage of any materials or equipment within 25 feet of any front lot line or within 15 feet of any side or rear lot line.
(d)
The entire perimeter of the salvage yard shall be fenced with a solid fence, a planted screen, or a combination of both, seven feet in height, which complies with the provisions of § 158-23 of this chapter. The owner or operator of the salvage yard shall be responsible for maintaining the fence or screen in good repair and condition.
(12)
Allegheny River-oriented uses (RD Districts).
(a)
The proposed use shall be capable of meeting applicable commonwealth and federal standards for river usage and the Borough's floodplain regulations. The applicant shall submit copies of these governmental agency review and approvals.
(b)
The use, to the maximum extent feasible, shall provide or maintain public access to the river.
(c)
The use shall not construct, install or locate any structure or facility which blocks the view of, or restricts access to, the river by another existing use.
(d)
All uses shall endeavor to preserve and maintain the natural features and vegetation of the riverfront area.
(e)
Suitable landscaping shall be provided for all areas not covered with buildings, parking areas, driveways and other impervious surfaces. The Council may attach additional landscaping requirements during the review of the conditional use application.
(f)
Suitably improved accessways (streets, walkways, etc.,) shall be provided. The Council may assess the applicant a proportional share of the cost for the improvement of any public right-of-way.
(g)
A riverfront use may place a directional sign, not exceeding two square feet, along Freeport Road (Pittsburgh Street), indicating the access to the use. Documentation of the approval of the property owner where the sign is to be located must be submitted with the conditional use application.
§ 158-45.1 Communication towers. [1]
[Added 3-18-1997 by Ord. No. 707-C]
A. ANTENNA HEIGHT ANTENNA SUPPORT STRUCTURE CELL SITE COMMUNICATION TOWER
Definitions.[2] As used in this section, the following terms shall have the meanings indicated:
The vertical distance measured from the base of the antenna support structure at the grade to the highest point of the structure. If a support structure is on a sloped grade, then the average between the highest and lowest grade shall be used in calculating the antenna height.
Any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
A tract or parcel of land that contains a cellular phone antenna, its support structure, accessory building(s) and parking, and it includes other uses associated with and ancillary to cellular phone transmission.
A structure, typically a steel tower, whose principal use is to be utilized for public or private communication purposes and owned and/or operated by a private corporation or a communication corporation or utility regulated by the Federal Communications Commission most often associated with personal communication service. Communication towers shall be considered to be a different and distinct use from a radio or television antenna not permitted as accessory uses but considered to be a principal use of a parcel of ground.
B.
Use regulations.
(1)
A cell site with antenna that is attached to an existing communications tower, smokestack, water tower or other tall structure is permitted as a conditional use in Zoning District Industrial. The height of the antenna shall not exceed the height of the existing structure by more than 10 feet. If the antenna is to be mounted on an existing structure, a full site plan shall not be required.
(2)
A cell site with antenna that is either not mounted on an existing structure or is more than 10 feet higher than the structure in which it is mounted is only permitted as a conditional use in zoning districts designated.
(3)
All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site unless otherwise permitted in the zoning district in which the cell is located.
C.
Standards of approval.
(1)
The cellular phone company is required to demonstrate, using technological evidence, that this antenna must go where it is proposed in order to satisfy its function in the company's grid system.
(2)
If the cellular company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-fourth-mile radius of the site proposed, asked for permission to install the antenna on those structures and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings, antenna support structures of other cellular phone companies, other communications (fire, police, etc.) and other tall structures. The Borough may deny the application to construct a new tower if the applicant has not made a good-faith effort to mount the antenna on an existing structure.
(3)
Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.
(4)
Setbacks from the base of the antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guide-wire anchors and any property line shall be the largest of the following:
(5)
The communication tower must be erected to comply with manufacturer requirements and accepted engineering standards.
(6)
The width of the base of the communication tower shall be no more than 14 feet at the ground level. At 100 feet (if not the top), the maximum width shall be six feet. At the top, the maximum width shall be two feet six inches. All support devices shall, where possible, be guide wires or metal lattice. The signs or other structures, devices or other items shall be placed on the communication tower.
(7)
The communication tower shall be securely anchored in a fixed location on the ground, and the applicant shall provide qualified documentary evidence that the proposed structure will withstand wind, snow, ice and other natural forces. The applicant shall also demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, electromagnetic fields or radio frequency.
(8)
The communication tower or the yard area containing the communication tower shall be protected and secured to guarantee the safety of the general public. Fencing (which must comply with the applicable provisions of this chapter) or installation of anti-climbing safety devices will be required at a minimum to demonstrate compliance with this subsection. Associated supports and guide wires shall not be located within the required setbacks.
(9)
The applicant shall submit a site plan of the property certified by an engineer or architect, and a survey certified by a registered surveyor.
(10)
Only one communication tower may be permitted per lot.
(11)
The communication tower will not adversely affect property values in the neighborhood (and in particular, each adjacent property) by more than 10%.
(12)
The communication tower in its operation will not endanger the health, safety and welfare of the public and, more specifically, evidence that the communication tower, its operation and the expected output frequency, modulation, radiated power, etc., will not cause health problems is to be provided to the Borough and Planning Commission.
(13)
The applicant will submit a copy of his or her FCC license. Any grant of conditional use hereunder will automatically lapse if said license ever expires or lapses.
(14)
All lighting, other than that required by the Federal Aviation Administration (FAA), shall be shielded and reflected away from adjoining property.
(15)
A fence shall be required around the antenna support structure and other equipment unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height.
(16)
Landscaping shall be as necessary for proper screening as determined by the Planning Commission.
(17)
In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other cellular phone companies and police, fire and ambulance companies.
(18)
Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures shall be painted green up to the height of nearby trees. Support structures 200 feet in height or taller or those near airports shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by the FAA.
D.
Additional standards. In addition to the foregoing, the following standards shall also apply to communication towers and the applications for conditional uses:
(1)
All conditional uses approved under this section will automatically lapse if not used for six continuous months. In such a case, all portions of the communication tower will be taken down as soon as possible. The party responsible for erecting such tower will be responsible for all the costs associated with the removal.
(2)
Inspections.
(a)
The Borough Council will require periodic inspections of communication towers to ensure structural integrity. Such inspections will be required as follows:
(b)
Inspections shall be conducted by an engineer licensed by the State of Pennsylvania. The result of such inspections shall be provided to the Borough. Based upon results of an inspection, the Borough may require repair or removal of a communication tower. The facilities which are erected to maintain the communication tower may not include offices, long-term vehicle storage, other outdoor storage or broadcast studios, except for emergency purposes, or other uses that are not needed to send or receive transmissions.
(3)
Equipment in a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and traffic, noise or safety impact of such maintenance. Where the site abuts or has access to a collector and local street, access for maintenance vehicles shall be exclusively by means of the collector street.
(4)
When lighting is required and permitted by the Federal Aviation Administration or other federal or state authority, it shall be oriented inward so as not to project onto surrounding property.
(5)
Prior to the site plan certification, the applicant shall provide documentation that the proposed communication tower has been reviewed and is not determined to be a hazard by the FAA or the Allegheny County Department of Aviation. The ACDA shall review the communication tower application to determine if it is a hazard to any FAA flight paths.
§ 158-45.2 Adult entertainment establishments.
[Added 12-16-1997 by Ord. No. 712-C]
A.
Purpose. It is the intent of this section to minimize and control the effects of adult entertainment establishments upon the quality of life of the neighborhood in which such establishment may be located. It is the desire of the Borough to protect and maintain the health, safety and general welfare of its citizens and to preserve the property values and characteristics of surrounding neighborhoods.
B.
No adult entertainment establishment shall be located outside the commercial districts, in which such uses are a conditional use, subject to the requirements of Article VI of Chapter 158 of the Code of the Borough of Cheswick. The following businesses are included in the adult entertainment establishment classification:
C. ADULT ARCADE ADULT BOOKSTORE OR VIDEO STORE(1) (a) (b) (2) ADULT CABARET(1) (2) (3) ADULT MOTEL(1) (2) ADULT MOTION-PICTURE THEATER ADULT THEATER ESCORT ESCORT AGENCY MASSAGE ESTABLISHMENT NUDE; NUDITY; STATE OF NUDITY NUDE MODEL STUDIO PERMITTEE; LICENSEE PERSON SEMINUDE SEXUAL ENCOUNTER CENTER SEXUALLY ORIENTED BUSINESS SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES(1) (2) (3) (4) (5) STRIP TEASE SUBSTANTIAL ENLARGEMENT
Definitions.[1] The specific terms used for the purpose of this section are defined as follows:
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
Any commercial establishment which, as its principal business purposes, offers for sale or rental, for any form of consideration, any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
A restaurant, nightclub, bar or similar commercial establishment, whether or not licensed to sell and serve alcoholic beverages, which regularly features:
Performers, employees, independent contractors or other persons who at any time appear nude or seminude; or
Live performances which are characterized by the exposure of or exhibition of specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which, if not licensed to sell and or serve alcoholic beverages, allows or permits patrons to bring alcoholic beverages into the establishment or which provides alcoholic beverages to patrons with or without charge.
Any hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and
Offers sleeping rooms for rent, four or more times in one calendar year, during five or more calendar days in any continuous thirty-day period.
Any commercial establishment where, for any form of consideration, films, motion pictures, videocassettes or other photographic reproductions are shown on a regular, continuing basis, which are rated "X" by the Motion Picture Association of America, or its successors, or which are advertised as "X," "XX," or "XXX" or which are predominately characterized by the depiction or description of specified sexual activities or specified anatomical areas. Any commercial establishment where, for any form of consideration, films, motion pictures, videocassettes or other photographic reproductions are shown on a regular, continuing basis which are rated "R" or "NC-17" by the Motion Picture Association of America, or its successors, shall not be defined as an adult motion-picture theater.
Any theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Any person or business association who furnishes or offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration. Any person, partnership, corporation or agency that furnishes adult or child day care as its principal business shall not be defined as an escort agency.
Any establishment or business which provides the services of massage and/or body manipulation, including exercise, heat, light treatment, water treatment of the body and all forms and methods of physiotherapy unless operated or supervised by a medical practitioner, including a medical doctor, doctor of osteopathy, chiropractor or a physical therapist licensed by the Commonwealth of Pennsylvania.
The appearance of a bare human buttock, anus, male genitals, female genitals or female breast.
Any place where a person who appears in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
A person in whose name a permit and/or license to operate an adult entertainment establishment has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
An individual, proprietorship, partnership, corporation, association or other legal entity.
A state of dress in which clothing covers no more than the genitals of male performers or no more than the genitals, pubic region and areola of female performers, as well as portions of the body covered by supporting straps and devices.
Any business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
Any adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, massage establishment, nude model studio or sexual encounter center.
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
Actual or simulated sexual intercourse, oral copulation, anal intercourse, sodomy or other sexual acts;
Masturbation, actual or simulated; or
The act of removing one's clothing in front of an audience or a person, usually item by item.
Any increase of the floor area occupied by an adult entertainment establishment, or more than 25% as the floor area existing on the date of enactment of this section.
D.
Permits required.
(1)
No person may operate an adult entertainment establishment without a valid permit issued by the Borough of Cheswick.
(2)
An application for an occupancy permit to operate an adult entertainment establishment must be made to the Borough as provided for in this section in addition to any other permits required by this chapter or any other ordinances of the Borough. Application for an occupancy permit may be made only after the Borough Council has approved the adult entertainment establishment as a conditional use.
E.
Location requirements.
(2)
No adult entertainment establishment shall be located within 400 feet of a school bus stop.
(4)
No adult entertainment establishment shall be located within 1,000 feet of another adult entertainment establishment.
(5)
The distance between any two adult entertainment establishments shall be measured in a straight line, regardless of intervening structures. The distance between an adult entertainment establishment and a use identified in Subsection E(3) above shall be measured in a straight line from the closest point on the exterior parcel line of the use to the closest exterior lot line of the adult entertainment establishment.
F.
Visibility from street. No person operating an adult entertainment establishment shall permit or cause to be permitted any stock-in-trade which depicts, describes or relates to specified sexual activities and/or specified anatomical areas, as defined herein, to be viewed from the street, sidewalk or highway.
G.
Signage. No person shall place or cause to be placed or maintained in such a location as can be viewed by persons on any public street any sign or signs, photographic, pictorial or other graphic representation, that depict, in whole or in part, any specified sexual activity and/or specified anatomical area.
§ 158-45.3 Drug and alcohol treatment facilities.
[Added 5-19-1998 by Ord. No. 714-C]
A.
Purpose. It is the desire of the township to protect and maintain the health, safety and general welfare of its citizens and to preserve the property values and characteristics of surrounding neighborhoods.
C. DRUG OR ALCOHOL TREATMENT FACILITY
Definitions.[1] The specific terms used for the purpose of this section are defined as follows:
Any business, entity or other facility that exclusively or primarily provides treatment of alcohol and/or drug abuse or addiction. This includes medical, psychiatric or psychological treatment and/or individual or group counseling, either on an inpatient or outpatient basis. This includes facilities operated by for-profit businesses, not-for-profit entities, including taxable or tax-exempt entities, private businesses, corporations, partnerships, unincorporated associations or individuals and government agencies, but does not include medical office or clinic, as defined in § 158-7 of the Code of the Borough of Cheswick.
D.
A drug or alcohol treatment facility is a conditional use in the commercial district and an application for such conditional use shall be as prescribed by Article VI of Chapter 158 of the Code of the Borough of Cheswick. An application for an occupancy permit for a drug or alcohol treatment facility may be made only after the Borough Council has approved the drug or alcohol treatment facility as a conditional use.