Derry City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 425-48 Purpose.
The purpose of this article is to constitute policies that involve and affect all or a majority of the zoning districts in the Borough of Derry Zoning Ordinance, including but not limited to such matters as lot area measurement and reduction, height measurement and exceptions, restrictions, buffer yards, storage, clear sight triangle and other supplementary regulations necessary for proper use and development within the districts.
§ 425-49 Lot area, measurement and reduction of dimensions.
A.
Lot area. Unless the regulations of the zone in which they are located require greater lot areas, the following regulations shall apply:
(1)
Any parcel of land having an area or width less than that prescribed for a lot in the zone in which such parcel is located at the date of adoption of this chapter may be used for the purpose of: forestry activities, parking lot/facilities for business establishments when not located on the same lot as the principal use for which the parking lot will serve, a single-family dwelling or business not exceeding a footprint of 2,500 square feet where such uses are permitted; provided, however, that all other regulations prescribed for the zone by this chapter are complied with, and only when the owner of the subject lot owns no adjoining land which could be combined to attain the minimum lot size for the district.
(2)
No requirement for a minimum yard area contained in this chapter shall prevent the construction of a private garage within the required rear or side yard of a lot where a dwelling was erected prior to the time of enactment of this chapter, where said lot does not meet minimum lot area requirements of this chapter. However, it must meet a minimum five-foot setback from any boundary lines and must not be placed in the clear sight triangle.
B.
Lot measurement. For purposes of measuring lot area on exceptionally deep lots, only that part of the depth which is less than six times the average width of the lot may be utilized in calculations.
C.
Reduction of lot dimensions. The area, width, or depth of any lot shall not be reduced by subdivision, sale, or development so that the lot width, lot area, lot area per dwelling unit, yards, or other open spaces are smaller, or so that the coverage is greater than prescribed for the district in which it is located.
§ 425-50 Subdivision and redivision.
A.
Requirements. Any parcel or parcels of real estate situate within the Borough of Derry, in whole or in part, may be subdivided, provided that the parcel or parcels resulting from said subdivision shall meet all other requirements of this chapter.
B.
"Subdivision" defined. For the purpose of this chapter, "subdivision" shall mean the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of a transfer of ownership, partitioned by the court for distribution to heirs or devisees or the construction of improvements thereon.
C.
Application; survey plat. The person or persons seeking approval of a subdivision shall make application therefor on a form to be established by resolution of the Borough Council of the Borough of Derry and shall present a survey plat prepared by a registered professional land surveyor or engineer depicting all existing and proposed lot lines for the requested subdivision.
D.
Planning Commission review and report. The application for subdivision shall be presented to the Planning Commission of the Borough of Derry for its review and report, which report shall be presented at the next regular meeting of the Borough Council of the Borough of Derry occurring 15 days or more after presentation of the same to the Planning Commission.
E.
Approval; disapproval. The Borough Council of the Borough of Derry may act to approve or disapprove the requested subdivision at its next regular meeting occurring at least 15 days after presentation of the same to the Derry Borough Planning Commission. If the Borough Council fails to act to approve or disapprove the subdivision request at the aforesaid regular meeting of Borough Council, and at the next regular meeting of Derry Borough Council thereafter, then the subdivision request is deemed approved.
§ 425-51 Height measurements and exceptions.
§ 425-52 Setback averaging.
Where one or more preexisting structures are located on adjacent lots within 100 feet in any direction of a proposed structure in the same district, the setback of the proposed structure may conform with the average setbacks of said preexisting structures.
§ 425-53 Permitted setback encroachments.
A.
Cornices, eaves, gutters, bay windows, or chimneys may encroach into the required setback of a lot not more than 24 inches. However, no cornices, eaves, gutters, bay windows, or chimneys may be closer than 3 1/2 feet from any side lot line. Sidewalks and steps located at the front door/porch as a means of ingress and regress for the structure may extend up to the front property line.
B.
A covered carport or covered patio/porch open on three sides may be erected within any yard when attached to a main structure existing at the effective date of this chapter, provided the covered carport or covered patio or porch open on three sides shall be not less than five feet from the applicable lot lines, and shall never be enclosed.
§ 425-54 Fences and walls.
A.
Fences and walls may be erected, altered, and maintained, provided that:
(1)
Any solid wall or fence forward of the front yard setback or side yard setback abutting a street shall not exceed 30 inches in height;
(2)
Any fence or wall set closer to any street than the foundation of the principal structure, which is at least 50% open and permitting a clear view, shall be permitted at a maximum height of four feet;
(3)
Any fence in the rear yard shall be permitted a maximum height of six feet;
(4)
Any fence in a non-street side yard shall be permitted a maximum height of six feet; and
(5)
All fences shall be erected so that the finished side of the fence faces all abutting and/or adjacent properties.
(6)
Retaining walls are permitted, but if the retaining wall rises more than six inches above the grade of the yard, then the same provisions and regulations for any fence or wall shall apply.
B.
Fences and walls may be erected, altered, and maintained in front yards, provided that the provisions of the clear sight triangle for corner lots and other provisions of this section are met.
C.
Fences and walls may not be constructed in a manner which may cause water damage to abutting and/or adjacent property.
D.
Fences and walls must be erected in a safe manner to protect persons or animals and assure that they are not subject to danger or harm. No spikes, nails or other sharply pointed instruments of any kind or description shall be permitted to extend from, or be attached to, the wall or fence. Barbed wire, razor wire and aboveground electric fences shall not be permitted.
§ 425-55 Buffer yards and screening.
Where a nonresidential use is established either abutting or adjoining a residential use, a buffer yard not less than five feet in width shall be provided along the lot lines of the nonresidential use that abut or adjoin said residential use. The buffer yard shall be in addition to the yards required for the zone in which it is located.
A.
All buffer yard areas shall be planted and maintained with a vegetative material plus a screen planting shall be planted and maintained to the full length of the abutting or adjoining lines.
B.
Buffer yards shall not be used for parking.
C.
Buffer yards, other than interior side buffer yards, may be crossed by driveways less than 20 feet in width, provided that the angle of the center line of the road, drive, or easement crosses the lot line and buffer yard at not less than 60°.
D.
If a front yard of 30 feet or more in depth is provided, the buffer yard may coincide with the front 30 feet of the front yard.
E.
Within required buffer areas, a solid and continuous landscape screen shall be planted and maintained. Said landscaping shall consist of massed evergreen and/or deciduous trees and shrubs of at least 3 1/2 feet in height and of such species as will produce, within three growing seasons, a screen at least six feet in height, so as to continually restrict a clear view beyond said buffer strip.
F.
The required height of the buffer strip shall be measured in relation to the elevation of the edge of the adjacent area to be screened. In such cases where the ground elevation of the location at which the screen is to be planted is less than the elevation of the edge of the adjacent area, the required height of the screen shall be increased in an amount equal to said difference in elevation. In the event that the ground elevation of the location at which the screen is to be planted is greater than that at the edge of the adjacent area, the minimum height of the screen shall prevail.
G.
In required buffer areas where a natural buffer strip is considered to be impractical or inappropriate, an opaque fence may be substituted in whole or in part of a natural buffer provided an official representative of the Borough or the Zoning Hearing Board approves its specifications.
§ 425-56 (Reserved) [1]
[1]
Editor's Note: Former § 425-56, Storage of commercial equipment, was repealed 2-9-2015 by Ord. No. 767.
§ 425-57 Storage/collection of junk.
No lot or premises shall be used as a storage area for one or more junk automobiles, junk appliances, or the storage or collection of any other miscellaneous junk items. Also, no lot or premises shall be used as a garbage dump or a dead animal rendering plant, nor may manure, rubbish or miscellaneous refuse be stored in the open within any district where the same may be construed as a menace to the public health or safety.
§ 425-58 Minimum distances for certain offensive uses.
A.
No place of business which dispenses alcoholic beverages shall be located within 200 feet of a residential zone.
B.
No foundry, cement plant or other activity which emits significant quantities of dust into the atmosphere shall be permitted within 800 feet of a residential zone.
C.
No business shall establish a storage area for petroleum or petroleum by-products, other than underground storage tanks necessary for the normal sale, at retail, of petroleum products within 800 feet of a residential zone.
§ 425-59 Clear sight triangle.
A clear sight triangle is a triangular area of unobstructed vision on corner lots formed by a seventy-five-foot sight line along the center line of a secondary or primary road by a fifty-foot sight line along the center line of a local street and by a line adjoining these two sight lines at the greatest distance from their intersection. In order to prevent the creation of a traffic hazard by limiting visibility at a street intersection, no structure, building, earthen bank or vegetation exceeding 3 1/2 feet in height above the finished paved area at the center of the roadway shall be allowed within the clear sight triangle on corner lots. This clear sight triangle, relative to building construction, is exempted for the C-CB District (where sidewalks are in existence).
§ 425-60 Intended original use.
All structures placed on a lot are restricted to the use for which the structure was originally made at the time of its manufacture. No motor vehicle, trailer or other similar product may be placed on a lot of ground and used as a principal building or accessory building.
§ 425-61 Basement, accessory or additional dwellings.
A.
Basement dwellings. No living quarters shall be placed in a basement structure or in any other room or space having less than seven feet of ceiling clearance above the average ground level as measured from front to rear of the structure.
B.
Accessory dwellings. No accessory structures on the same lot where a principal dwelling exists (or existed in the case of a fire or other structural decay or similar condition which made the dwelling uninhabitable) may be used for living purposes in any district in the Borough of Derry.
C.
Additional dwellings. Individual lots or subdivided parcels 10 acres or less in size shall have no building or buildings in addition to the main building on the same lot used for living purposes. Undivided land parcels of 10 acres or greater in size shall be limited to one residential structure per ten-acre unit of undivided land area or portion thereof as permitted under the requirements of the district in which the land area is located, except that associated household service employee and guest quarters are permitted either independently or as an integral part of an accessory structure in accordance with the requirements of any residential district as established in this chapter.
§ 425-62 Swimming pools.
Private swimming pools, where permitted as an accessory use, are permitted only in side and rear yards. Pools over 24 inches high, and all in-ground swimming pools, shall be completely enclosed with a protective barrier at least four feet in height to prohibit persons or animals from entering and to assure that they are not subject to danger or harm. In addition, all openings in the barrier shall be equipped with gates or doors which must be locked when not in use. For approved aboveground pools four feet or higher, the walls of the pool may serve as the required barrier.
§ 425-63 Mobile home parks.
A.
No mobile home of any type may hereafter be used for living quarters, except as permitted in a residential district, or in a mobile home park in conformance with the following requirements:
(1)
Mobile homes may be situated in mobile home parks.
(2)
A mobile home park shall consist of a minimum of two mobile homes.
(3)
No mobile home park shall be less than one acre in size.
(4)
Minimum yard and area requirements shall be required for individual mobile home spaces in parks as follows:
Minimum Lot Area (square feet) | Minimum Width (feet) | Minimum Depth (feet) | Side Yards (feet) | Maximum Height (feet) | |
|---|---|---|---|---|---|
4,500 | 45 | 100 | 24 combined 10 minimum on each side | 16 |
(5)
Off-street parking space shall be provided at the rate of at least one parking space for each mobile home lot plus an additional parking space for each four lots to provide for guest parking, for multi-car tenants and for delivery and service vehicles.
(6)
Enclosures or alterations other than unenclosed porches or patios are not permitted.
(7)
Pavement widths within the mobile home park:
(a)
All entrance streets and other collector streets with guest parking both sides: 38 feet minimum.
(b)
Collector street with no parking: 24 feet minimum.
(c)
Local or cul-de-sac street with no parking: 22 feet minimum.
(d)
One-way local street with no parking (acceptable only if less than 500 feet total length and serving less than 25 mobile home stands): 11 feet minimum.
(8)
Mobile home parks shall provide a six-foot screen planting of trees, evergreens, hedges or shrubs two feet wide on the side and rear property lines.
(9)
In addition to meeting the above requirements and conforming to other laws of the Borough of Derry, Westmoreland County, and the Commonwealth of Pennsylvania, including the Pennsylvania Department of Environmental Protection regulations for mobile home parks, mobile home parks shall also conform to the requirements set forth in sections or Chapters/Ordinances of Minimum Property Standards for Mobile Home Courts of the Federal Housing Administration; provided where provisions of such regulations conflict with those of the Borough of Derry, County of Westmoreland or Commonwealth of Pennsylvania, the most restrictive or those imposing the higher standards shall govern.
§ 425-64 Storage of mobile homes, camping and recreational equipment.
[Amended 3-17-2022 by Ord. No. 799]
Trailers as defined within the terms of this chapter and including mobile homes, travel trailers, pickup coaches, motorized homes, utility trailers and boat trailers may be parked or stored subject to the following requirements:
A.
Mobile homes shall be temporarily parked and stored or permanently parked and stored in mobile home parks only.
B.
At no time shall a parked or stored mobile home, camping or recreational equipment be occupied or used for living, sleeping or housekeeping purposes.
C.
Any trailers, camping or recreational equipment may be temporarily parked on the street for no more than 24 hours and must be hitched, or attached to the tow vehicle. Violations will be referred to the Police Department for ticketing or removal.
D.
Permanent parking and storing of camping and recreational equipment shall be limited to the interior of automobile garages or other available on-lot accessory buildings or to that portion of the lot behind the principal building. However, if it is physically impossible to place the equipment behind the principal building, it may be placed in a side yard. The placement of the equipment in all cases shall be subject to all the requirements for the Borough in which it is located. Any vehicle not stored in a garage or on-lot accessory building must have a current registration.
§ 425-65 Essential services.
A.
Buildings and structures governed by local, state or federal agencies including police and fire departments, U.S. Post Office, ambulance and EMS services, courthouse, Town hall and municipal buildings shall be permitted in the zones as per Article V, District Regulations, without regard to the area regulations.
B.
Fire alarm boxes, traffic signals, hydrants and similar equipment and accessories necessary for the furnishing of essential services for the public health, safety, or general welfare, shall be permitted in all zoning districts.
§ 425-66 Public utility facilities.
A.
Buildings and structures for closely regulated enterprises with a franchise for providing to the public a utility service deemed necessary including natural gas, electric, land-line telephone, water and sewage services shall be permitted in the zones as per Article V, District Regulations, without regard to the area regulations.
B.
Wires, mains, drains, sewers, pipes, conduits and cables necessary for the furnishing of a public utility service for the public health, safety, or general welfare, shall be permitted in all zoning districts.
C.
Commercial wireless communications companies are not considered a public utility.
§ 425-67 Forestry activities.
A.
Forestry activities, including but not limited to timber harvesting, shall be a permitted use by right in all zoning districts.
(1)
Forestry operations shall be guided by procedures outlined by the Forestry Management Department of the Commonwealth of Pennsylvania, and property owners shall at all times be responsible for all activities on their property.
(2)
The forest shall be planted with only trees that are native to the Commonwealth of Pennsylvania and a variety of trees is encouraged (excluding poplar trees and willows or other trees which may damage water/sewer lines).
(3)
Routine maintenance for pruning, trimming, dead tree removal, brush control, removal of downed branches and pest control must be performed by the property owner.
(4)
When and if trees are harvested, proper care shall be taken to ensure that no damage occurs to the surrounding properties, and all stumps must be removed and disposed of.
(5)
If the property is no longer going to be used for the practice of forestry, the land must be returned to its former condition (i.e., cleared and planted with grass). Certainly, a few trees which would enhance the value or aesthetics of the property may be retained.
(6)
All activities which would create noise or otherwise disturb the peace of the neighborhood shall only be performed from the hours of 9 a.m. to 5 p.m. and shall not impede or otherwise interfere with the normal flow of traffic.
(7)
Trees growing in the clear sight triangle must comply with the regulations of the clear sight triangle; and trees must not be planted so close to the boundary lines that the branches would extend into or over abutting properties.
§ 425-68 Home-based businesses.
[Amended 3-17-2022 by Ord. No. 798]
A.
No-impact home-based businesses, including nonprofit or not-for-profit designations. A no-impact home-based business, nonprofit or not-for-profit business which is conducted as an accessory use, clearly secondary to the use of a residential dwelling, and which involves no customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential uses, is permitted without a zoning permit but must satisfy the following requirements:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses;
(2)
The business shall employ no employees other than family members residing in the dwelling;
(3)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature inside or outside of the residence;
(4)
There shall be no outside appearance of a business use, including but not limited to parking, signs or lights, supplies or equipment;
(5)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception which is detectable in the neighborhood;
(6)
The business activity may not generate any solid waste or sewage discharge, in volume or type which is not normally associated with residential use in the neighborhood;
(7)
The business activity shall be conducted only entirely within the dwelling and may not occupy more than 25% of the habitable floor area of the residence; and
(8)
The business may not involve any illegal activity.
B.
Minor-impact home-based businesses including nonprofit and not-for-profit designations. A minor-impact home-based business, nonprofit or not-for-profit business may be permitted as a special exception use where the Zoning Hearing Board finds after a public hearing that such uses will not create a hazardous condition and will otherwise meet the following requirements:
(1)
The business activity shall be compatible with the residential use of the property and surrounding residential uses;
(2)
The business must only be conducted in a single-family dwelling;
(3)
The business shall employ no more than two employees other than family members residing in the dwelling;
(4)
May allow limited on-site display in the windows depicting services rendered or goods and items for sale;
(5)
May allow limited stockpiling of inventory for sale, not to exceed 5% of the gross floor area of the residence used for the businesses;
(6)
May allow limited outside appearance of a business use;
(7)
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception which is detectable in the neighborhood;
(8)
The business activity may not generate any solid waste or sewage discharge, in volume or type which is not normally associated with residential use in the neighborhood;
(9)
The business activity shall be conducted only entirely within the dwelling and may not occupy more than 25% of the habitable floor area of the residence;
(10)
The business may not involve any illegal activity;
(11)
Any alteration of the structure for business use must be in compliance with all applicable building codes;
(12)
Signs, parking and any other provisions of this chapter for the zoning district shall be in compliance with the regulations for the Borough; and
(13)
A business may be permitted which involves the on-site care, grooming or feeding of not more than two domesticated dogs or cats only at a time, provided that:
(a)
Detrimental effects to the neighborhood relative to noise or smell from the dogs or cats shall not be permitted;
(b)
It shall be the business owner's responsibility at all times to monitor the dogs or cats, and to keep the dogs and cats from depositing urine, fecal matter and vomit on streets, sidewalks and other property in the Borough; and
(c)
The owner and all customers shall utilize the business owner's off-street parking only for pickup and delivery, and the dogs or cats must be either fully and safely confined or on a leash at all times when not contained within the dwelling.
§ 425-69 Amateur radio antennas.
A.
This section establishes guidelines regarding the accessory use where permitted in zoning districts as per Article V, District Regulations, of amateur radio antenna (commonly known as "ham radios"), including but not limited to the permitted height of an amateur radio antenna, yard requirements, the location of amateur radio antennas, regulations regarding the maintenance of amateur radio antennas, structural integrity, requirements for anticlimbing devices, and licensing requirements.
B.
All amateur radio antennas and activities related to amateur radio communication shall comply with applicable laws and regulations of the Borough of Derry and the Commonwealth of Pennsylvania and prohibits the use of amateur radio antenna for commercial purposes.
(1)
No amateur radio antennas shall be affixed to any residential dwelling.
(2)
Amateur radio antennas shall comply with all applicable standards established by the Federal Communications Commission (FCC) governing human exposure to electromagnetic radiation.
(3)
The antennas shall not cause radio frequency interference with other communications facilities located in the Borough of Derry or other private transmissions such as television or radio reception in the vicinity of the antennas.
(4)
The location of the antennas shall be subject to the setback requirements in the applicable zoning district.
(5)
The owner or operator of the antennas shall be licensed, if applicable, by the Federal Communications Commission (FCC) to operate the antennas.
(6)
The antennas must not be located on any lot other than the lot where the residence, occupied by owner, is situated, and must not be placed in any side(s) or front yard.
(7)
The proposed height of the antennas may not exceed the minimum height necessary to perform its function. In any event, the antenna shall not extend higher than 20 feet above the surrounding tree canopy.
(8)
The owner of the antenna and its supporting structure shall maintain it in a clean appearance so as not to be an eyesore, and keep it in a structurally sound condition and safe condition at all times.
§ 425-70 Alternative towers and wireless telecommunications facilities.
Technical developments in the telecommunications field have provided new options for the expansion and delivery of communication services to the Borough of Derry and its residents. The Borough Council recognizes that the police, fire and emergency medical services and its residents and visitors rely on wireless communications service for business and personal uses. Therefore, the Borough desires to encourage efficient and adequate wireless communication services, while at the same time protecting the public health, safety and welfare. In an effort to facilitate efficient and adequate communication services and protect the interests of its residents, this section will serve to regulate the construction and the placement of communications towers and antennas in accordance with federal and state statutes and regulations that impose certain limitations on the Borough's ability to regulate the placement communications towers; and antennas.
A.
Purpose. The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas.
B.
Location of communication towers and equipment. Towers and equipment may be placed in the Borough of Derry in the G-1 District only and must be set back 500 feet from any state roads.
C.
General regulations for the placement of communications towers.
(1)
Design:
(a)
Applicants must provide camouflaging as defined by the term "alternative tower structure" or provide documentation as to why camouflage is not feasible or necessary.
(b)
The tower shall either maintain a galvanized steel finish or meet the applicable standards of the FAA. If the tower is not to be camouflaged by an alternative tower structure, the tower is to be painted a neutral color so as to reduce visual obtrusiveness.
(c)
Whether a tower is camouflaged or not, at a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(d)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(e)
The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties according to the following criteria:
[1]
Facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
[2]
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or eliminated. However, if future development occurs that no longer isolates the tower, the landscaping requirement would be reinstated and the tower property owner would be notified and given 60 days to comply with the requirement.
[3]
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(2)
Mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by no more than 20 feet.
(3)
Omnidirectional or whip communications antennas shall not exceed 20 feet in height and seven inches in diameter.
(4)
A directional or panel communications antenna shall not exceed five feet in height and three feet in width.
(5)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other associated with the antenna location.
(6)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the structure for review for compliance with the Borough's building code[1] and other applicable law.
(7)
Any applicant proposing communications antennas to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antennas are to be mounted so that installation and maintenance of the antennas and communications equipment building can be accomplished.
(8)
Communications antennas shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(9)
Communications antennas shall not cause radio frequency interference with other communications facilities located in the Borough.
(10)
A communications equipment building shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.
(11)
The owner or operator of communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.
(12)
Abandoned towers. If a communications tower remains unused for a period of six consecutive months, the communications tower must be removed within 90 days of the expiration of such six-month period, commencing upon receipt of notice from the Borough of Derry notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds for the Borough to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Borough may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guaranty in a face amount of not less than 120% of the cost (as determined by the Borough Engineer) of such removal, grading and restoration to a state required under all applicable Borough ordinances.
(13)
Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval, a special exception or a conditional use permit. The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 12 months from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection D(12).
(14)
Communications towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations. Where laws within this chapter conflict with Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable airport zoning regulations, the aforementioned supersede.
D.
Regulations for communications towers.
(1)
The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a communications tower, if applicable, and communications antennas.
(2)
The applicant shall demonstrate that the proposed communications tower and communications antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.
(3)
Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure or communications tower. A good faith effort shall require that all owners of a potentially suitable structure within a one-quarter mile radius of the proposed communications tower to be contacted and that one or more of the following reasons for not selecting such structure apply:
(a)
The proposed antennas and related equipment would exceed the structural capacity if the existing structure and its reinforcement cannot be accomplished at a reasonable cost;
(b)
The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost;
(c)
Suitable existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function;
(d)
Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation; and/or
(e)
A commercially reasonable agreement could not be reached with the owner of such structures.
(4)
Access shall be provided to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
(5)
A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the zoning district.
(6)
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function.
(7)
The maximum height of any communications tower shall be 180 feet.
(8)
The Communications Equipment Building shall comply with the required yards and height requirement of the applicable zoning district.
(9)
The applicant shall submit certification from a Pennsylvania registered professional engineer that the proposed communications tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association Telecommunications Industry Association, and applicable requirements of the Borough's building code.[2]
(10)
The applicant shall submit a copy of its current Federal Communications Commission License; the name, address and emergency telephone number for the operator of the communications tower; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimal amount of $1,000,000 per occurrence covering the communications tower and communications antennas.
(11)
All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located within the fenced enclosure and adhere to the setback requirements of the applicable zoning district.
(12)
The site of a communications tower shall be secured by a minimum of a six-foot fence, to a maximum height of eight feet, to limit accessibility by the general public.
(13)
No signs or lights shall be mounted on a communications tower except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction.
(14)
Communications towers shall be protected and maintained in accordance with the requirements of the Borough's building code.
(15)
A minimum of one off-street parking space shall be provided on-site.
§ 425-71 Bus shelters.
A.
Shall not impair sight distances at intersections or otherwise pose a hazard to moving traffic.
B.
Shall not contain advertising of any kind except identification of the bus company, and a posing of relevant schedule and service information.
C.
Shall be perpetually maintained and kept clean and sanitary. This guarantee can be made through an agreement or other binding legal instrument.
D.
Shall not be placed on private property without the owner's consent.
E.
Shall be completely removed and the site restored to its original condition if the location no longer warrants a shelter. This guarantee can be made through an agreement or other binding legal instrument.
F.
Shall not interfere with adjacent property owners' use and enjoyment of property.
§ 425-72 Land uses not categorized in Article V.
For land uses not listed under the districts in Article V, District Regulations, Borough Council shall determine which zoning districts they shall be allowed in; how they shall be allowed in those districts (i.e., as permitted principal uses, permitted accessory uses, conditional uses, etc.); and which sections of the ordinance apply to them. Council may ask the Planning Commission for a recommendation on these matters.