Hellertown City Zoning Code

To recognize the adverse secondary impacts of adult-oriented establishments that affect health, safety and general welfare concerns of the Borough. These secondary impacts have been documented in research conducted across the nation. These secondary impacts typically include, but are not limited to, increases in criminal activity, increases in activities that increase the risk of transmission of sexually transmitted diseases, increases in activities that increase the risk of transmission of other communicable diseases, increases in blight, decreases in the stability of residential neighborhoods, and decreases in property values for surrounding homes, and decreases in the marketability of nearby commercial business space. The research conducted across the nation concluded that adult-oriented establishments typically involved insufficient self-regulation to control these secondary effects.

To limit adult-oriented establishments to locations where these secondary impacts can be minimized, particularly as they affect residential neighborhoods and commercial revitalization.

To not attempt to suppress any activities protected by the "free speech" protections of the State and United States Constitutions, but instead to control secondary effects.

One thousand feet from an elementary or secondary school; child day-care center or nursery school; church, synagogue, mosque or similar place of regularly scheduled religious worship; library; public park or playground; hotel/motel; bed-and-breakfast; or residential dwelling unit.

Seven hundred fifty feet from a residential or conservation zoning district.

Obtain and carry general liability coverage with the minimum amount of $1,000,000 per occurrence, proof of which shall be filed with the Borough of Hellertown Zoning Officer or his designee.

Possess a valid certificate of occupancy issued by the Pennsylvania Department of Labor and Industry and Borough of Hellertown, and prominently display said certificate as required.

Obtain from the Borough of Hellertown Zoning Officer or his designee a valid, annually renewed, permit pursuant to this section, and prominently display said permit as required.

Conspicuously post the hours of operation at the business premises, such that patrons are sufficiently apprised of same.

Any person or persons desiring to operate or continue to operate an adult-oriented business or massage parlor shall file with the Borough of Hellertown an application for an adult-oriented business or massage parlor permit, which application shall include the following information: the name and address of the adult-oriented business or massage parlor; a statement whether the business premises is leased or owned by the adult-oriented business or massage parlor; the name and address of the lessor of the business premises, if applicable; the nature of the ownership of the adult-oriented business or massage parlor, i.e., corporation, partnership, joint venture, association; the names and addresses of the officers and/or financial interest in the adult-oriented business or massage parlor.

The Zoning Officer of the Borough of Hellertown or his designee shall determine whether the adult-oriented business or massage parlor fully and completely complies with the provisions and requirements of this section within 20 days following the date on which application is received. If the Borough Zoning Officer or his designee determines that the applicant fully and completely complies with the provisions hereof, the Borough Zoning Officer or his designee shall issue an adult-oriented business or massage parlor permit; if the Borough Zoning Officer or his designee determines that the applicant does not fully and completely comply with the provisions hereof, the Borough Zoning Officer or his designee shall deny the issuance of an adult-oriented business or massage parlor permit and shall furnish written evidence of the same to the applicant together with the reason(s) for denial.

The adult-oriented business or massage parlor shall pay an administrative fee of $250 for an adult-oriented business or massage parlor permit and $250 for each renewal thereof. Said adult-oriented business or massage parlor permit shall be effective for a period of one year following the date of issuance, provided that, in the event the adult-oriented business or massage parlor fails to fully and completely comply with the provisions hereof or is convicted of any unlawful activity during the term of the adult-oriented business or massage parlor permit, the Borough of Hellertown shall have the authority to revoke the adult-oriented business or massage parlor permit due to an adult-oriented business' or massage parlor's lack of compliance.

Subject to the consent of an applicant or licensee, the Zoning Officer or his designee may inspect the premises of adult-oriented establishments and massage parlors for purposes of ensuring compliance with this section during any time it is open for business. In the event that the Borough Zoning Officer or his designee has probable cause to believe that an adult-oriented establishment and massage parlor is operating in violation of this section, he may inspect the premises of the adult-oriented establishment and massage parlor for purposes of ensuring compliance with this section during any time it is open for business.

No operator or employee of an adult-oriented establishment shall permit any minor to loiter in any part of the establishment, including parking lots immediately adjacent to the establishment used by patrons of any adult-oriented establishment.

Every adult-oriented establishment doing business in this Borough shall be well lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, room or stalls where adult entertainment is provided shall be clearly visible from the common areas of the premises. Visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever. It shall be unlawful to install enclosed booths, cubicles, rooms or stalls within adult-oriented establishments for whatever purpose, but especially for the purpose of providing for the secluded viewing of adult-oriented motion pictures or other types of adult-oriented entertainment.

No adult-oriented establishment shall contain partitions between subdivisions of a room or portions or parts of a building, structure or premises with an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partitions.

The operator of each adult-oriented establishment shall be responsible for and shall provide that any room or other area used for the purpose of viewing adult-oriented motion pictures or other types of live adult entertainment shall be well lighted and readily accessible at all times and shall be continuously open to view in its entirety. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate at not less than one footcandle as measured at the floor level. It shall be the duty of the operator and the operator's agents to ensure that the illumination required by this subsection is maintained at all times that a patron is present in the premises.

Remain open and/or transact business between the hours of 10:00 p.m. and 11:00 a.m., prevailing time. In all cases, the premises must be vacated within 15 minutes after the required closing time.

Conduct activities to which this section applies without possessing a valid club permit as specified herein.

One thousand feet from an elementary or secondary school; child day-care center or nursery school; church, synagogue, mosque or similar place of regularly scheduled religious worship; library; public park or playground; hotel/motel; bed-and-breakfast; or residential dwelling unit.

Seven hundred fifty feet from a residential or conservation zoning district.

Obtain and carry general liability coverage with the minimum amount of $1,000,000 per occurrence, proof of which shall be filed with the Borough of Hellertown Zoning Officer or his designee.

Possess a valid certificate of occupancy issued by the Pennsylvania Department of Labor and Industry and Borough of Hellertown, and prominently display said certificate as required.

Obtain from the Borough of Hellertown Zoning Officer or his designee a valid bottle club permit pursuant to this section, and prominently display said permit as required.

Conspicuously post the hours of operation at the business premises such that patrons are sufficiently apprised of same.

Any person or persons desiring to operate or continue to operate a bottle club shall file with the Borough of Hellertown an application for a bottle club permit, which application shall include the following information: the name and address of the bottle club; a statement whether the business premises is leased or owned by the bottle club; the name and address of the lessor of the business premises, if applicable; the nature of the ownership of the bottle club, i.e., corporation, partnership, joint venture, association; the names and addresses of the officers and/or financial interest in the bottle club.

The Zoning Officer of the Borough of Hellertown or his designee shall determine whether the bottle club fully and completely complies with the provisions and requirements of this section within 20 days following the date on which application is received. If the Borough Zoning Officer or his designee determines that the applicant fully and completely complies with the provisions hereof, the Borough Zoning Officer or his designee shall issue a bottle club permit; if the Borough Zoning Officer or his designee determines that the applicant does not fully and completely comply with the provisions hereof, the Borough Zoning Officer or his designee shall deny the issuance of a bottle club permit and shall furnish written evidence of the same to the applicant, together with the reason(s) for denial.

The club shall pay an administrative fee of $250 for a bottle club permit and $250 for each renewal thereof. Said bottle club permit shall be effective for a period of one year following the date of issuance, provided that, in the event the bottle club fails to fully and completely comply with the provisions hereof or is convicted of any unlawful activity during the term of the bottle club permit, the Borough of Hellertown shall have the authority to revoke the bottle club permit due to the bottle club's lack of compliance.

One thousand feet of a lot or parcel which is occupied by another lot or parcel which contains a check-cashing business or financial institution, such as a bank.

A check-cashing business shall require a zoning permit and a certificate of occupancy before being open for business.

Efficiencies and one-bedroom: 650 square feet.

Two-bedroom: 800 square feet.

Three-bedroom: 950 square feet.

One hundred fifty square feet of additional space for each additional bedroom.

Whether the requested accommodation is reasonable. In order to analyze if the requested accommodations is reasonable, the Zoning Hearing Board shall analyze the following criteria:

Whether the requested accommodation is necessary. The Zoning Hearing Board shall analyze the following criteria:

One thousand feet from an elementary or secondary school; child day-care center or nursery school; church, synagogue, mosque or similar place of regularly scheduled religious worship; library; public park or playground; or residential dwelling unit.

Seven hundred fifty feet from a residential or conservation zoning district.

FM/television broadcasting.

Land mobile systems.

Cellular telephone.

Fixed point-to-point microwave.

Lease tower.

Any other communications use not specifically listed or covered in any of the above five categories.

The distance from the base of the proposed tower to the nearest point on the lot line or leased lot line shall not be less than 110% of the full height of the tower.

Guy wire anchors, if used, shall be set back a minimum of 40 feet from any lot line or leased lot line.

If additional towers are present on the same lot, the distance from the proposed tower to the base of the nearest tower, if it is self-supporting, or the nearest guy anchor of a non-self-supporting tower shall not be less than the full height of the tallest tower.

An accessory facility containing equipment and control devices for the continuing operation of a tower may be located on the lot.

No building or facility may be used as an office or as a broadcast studio. No building or facility may be used for long-term vehicle storage or for other outdoor storage.

No on-site employees shall be permitted to utilize any accessory facility as an office. Employees are permitted to visit the site as often as necessary for maintenance and inspection of the tower and its accessory uses.

Accessory facilities may be lighted for security or for maintenance purposes. Any such lighting shall be shielded, and no lights shall be emitted upward or spill over onto adjacent properties. Upward lighting will be permitted only on a temporary basis as may be required for emergency tower maintenance or repair.

Lighting of parking areas and accessory facilities shall comply with the specifications imposed by the Zoning Hearing Board, as recommended by the Borough Engineer.

Existing on-site vegetation shall be preserved to the maximum extent practical.

Artificial lighting is prohibited on all proposed towers unless required by the FAA. When artificial lighting is required, the use of strobe lighting is prohibited unless specifically required by the FAA.

Where the site abuts a public street or a lot that is either zoned residential or used for a residential use, and where the base of the tower can be seen from the public street or from a dwelling on the residential lot, the site perimeter shall be buffered by planting natural screening [in accordance with Article V, § 450-19E(2), of this chapter] which blends in with existing vegetation to provide an effective screen. Existing vegetation, fencing or walls may be used if the Zoning Hearing Board finds:

No tower shall be located in a floodplain or wetland area.

Towers shall be painted or have a galvanized finish retained to reduce visual impact. Alternate colors must be approved following justification from the visual impact analysis. Owner shall maintain the tower in accepted color at all times.

Visual impact analysis.

For any commercial communications tower or antenna higher than 50 feet, the applicant shall provide certification from a registered professional engineer stating that the commercial communications tower or antenna meets the wind resistance stated in the latest version of the International Building Code. The registered professional engineer shall also certify to the overall structural integrity of the commercial communications tower or antenna and/or base structure and building supporting the tower or antenna and certify to the determination of the fall zone.

If a non-self-support tower is proposed, the applicant must use a guy wire configuration which is designed and certified by a registered professional engineer.

All new towers permitted after the effective date of this section must be engineered to accommodate additional new users.

The base of the tower shall be surrounded by a secure fence with a minimum height of eight feet.

The tower design and installation shall also comply with any additional federal, state and local regulations as may apply.

FM/television broadcasting use. An applicant proposing to erect a new tower for an FM/television broadcasting use, as defined herein, shall also comply with the following standards:

Land mobile radio use. An applicant proposing to erect a new tower for land mobile radio use, as defined herein, shall also comply with the following:

Cellular telephone use. An applicant proposing to erect a new tower for Cellular Telephone use shall also comply with the following:

Point-to-point microwave use. An applicant proposing to erect a new tower for point-to-point microwave use shall also comply with the following:

Lease tower use. An applicant proposing to erect a lease tower shall comply with the following:

Requirements for any other use. An applicant proposing to erect a new tower for any other use shall also comply with the following:

A copy of applicant's FCC construction permit (for broadcast use) or FCC station license (for other uses).

A detailed site plan drawn, in accordance with § 450-78, to scale and identifying: the site boundary; the proposed tower and any existing towers; guy wire anchors; existing and proposed structures; existing vegetation to be retained, removed or replaced; and uses, structures and land-use designations on the site and on neighboring parcels. In addition, the following information shall be depicted on the site plan:

A technical description of the facility, to include:

An intermodulation analysis certified by a professional communications engineer which demonstrates that the proposed new equipment will not cause undue RF interference to existing towers or transmitting facilities or communications service reception by other property owners. The applicant shall be responsible to resolve all instances of interference caused by the actual operation of the tower that occurs after its installation.

The shared use of existing public utility towers, antennas and wireless telecommunications services facilities shall be strongly encouraged. The Borough shall maintain an inventory of existing towers, antennas and wireless communications services facilities, including public utilities that are obligated under the Federal Telecommunications Act of 1996 to provide wireless communications service carriers with nondiscriminatory access to their facilities.

While co-location and shared use shall be considered a permitted use as hereinabove referred, nonetheless and prior to the installation of an antenna or other equipment on an existing tower or service facility, an applicant shall make application for a zoning permit from the Borough Zoning Officer or his designee. Applications for collocated facilities that fall under the Pennsylvania Wireless Broadband Collocation Act or the applicable provision of the FCC's October 2014 Report and Order shall not be subject to the permit requirements in § 450-55N(2)(a) through (d). All other applications for such permit shall include:

To the extent permitted by state and federal law, the total height of any wireless support structure and mounted antenna shall not exceed 20 feet above the maximum height permitted in the underlying zoning district. The placement of antennas and commercial communications towers on single-family dwellings is prohibited.

If a wireless telecommunications services facility, tower or antenna remains unused for a period of 12 consecutive months, the applicant, owner or service provider shall dismantle and remove the wireless telecommunications services facility, tower or antenna within six months of written notice to do such by the Borough Zoning Officer or his designee or the Borough Code Enforcement Officer. The applicant, owner or service provider must provide to the satisfaction of the Borough a written agreement (approved by the Borough Solicitor and suitable for filing with the Borough) to ensure telecommunications services facility tower or antenna removal and site restoration, including but not limited to the following:

Further, as a condition precedent to the grant of any permit or use, the applicant, owner or service provider shall enter into the written agreement noted in Subsection O(1) of this section and post security (in a form acceptable to the Borough Solicitor and the Borough Engineer and in favor of the Borough of Hellertown) in an amount sufficient to cover the facility, tower and antenna removal and complete site cleanup costs (plus an additional 15%). In the event that the applicant, owner or service provider of the facility, tower or antenna fails to remove the facility, tower or antenna within six months of written notification by the Borough Zoning Officer or his designee or the Borough Code Enforcement Officer, the Borough shall utilize the security to effect removal of the facility, tower or antenna in a manner consistent with the regulations set forth in this section.

Release and indemnification. The Borough shall not grant any permit or use and shall not authorize an antenna or tower location or service facilities construction until and unless the Borough obtains an adequate indemnification from such applicant, owner or service provider. This indemnification must provide, at the minimum:

Insurance. The Borough shall not grant any permit or use and shall not authorize a tower or antenna location or service facilities construction until and unless the Borough obtains assurance that the applicant, owner or service provider has adequate insurance, as determined by the Borough Zoning Officer or his designee. At a minimum, the following insurance requirements shall be satisfied:

Inspections. Where applicable and in the event that the insurance certificate provided indicates that the insurance shall expire or terminate or if the Zoning Officer or his designee shall have reason to believe that the facility, tower or antenna may have sustained structural, mechanical or electrical damage, but in no case less than once annually, the Zoning Officer or his designee shall inspect a tower or antenna or service facility. A copy of the inspection report shall be submitted to the Borough Zoning Officer or his designee and to the Borough Manager or his designee and shall be kept on file at the Borough office.

Failure to submit said inspection report either by annual deadline or other date as may be specified by the Borough Zoning Officer or his designee will result in the presumption that the facility, tower or antenna is no longer operational. If the annual inspection report is not so received, the applicant, owner or service provider must initiate the dismantling and removal of the facility, antenna and tower at the applicant's, owner's or service provider's expense as per this section.

If upon any annual periodic inspection the Borough concludes that a facility, tower or antenna fails to comply with building codes and customary standards (generally accepted within the building and construction industry) or constitutes a danger or threat to persons or property, then, upon written notice being provided to the applicant, owner or service provider of the facility, tower or antenna, the applicant, owner or service provider shall have 30 days to bring such facility, tower or antenna into compliance with such codes and standards. If the applicant, owner or service provider fails to bring such facility, tower or antenna into compliance within 30 days, the applicant, owner or service provider shall immediately dismantle and remove the facility, antenna or tower at his own expense as per this section.

Up-front fees: $500 for nonrecurring fees, including a single up-front application that includes up to five small wireless facilities, with an additional $100 for each small wireless facility beyond five; or $1,000 for nonrecurring fees for a new pole intended to support one or more small wireless facilities. These fees may be amended by the Hellertown Borough Council by resolution annually or through terms of multiyear contracts.

Recurring fees: $270 per small wireless facility, including antennas and poles, per year for all recurring fees, including any possible right-of-way access fees or attachment fees to municipality-owned structures in the right-of-way.

For applications that fall under the Pennsylvania WBCA or substantially change the wireless support structure upon which the proposed facility is to be mounted, the Borough shall notify the applicant in writing of any information that may be required to complete such application within 30 calendar days of the date that an application for an antenna is filed with the Borough. 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.

For applications for collocated facilities that do not fall under the Pennsylvania WBCA, the Borough shall notify the applicant in writing of any information that may be required to complete such application within 30 calendar days of the date that an application for an antenna is filed with the Borough. Within 90 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.

All applications for towers shall be acted upon by the Borough within 150 days of the receipt of a fully completed application and the Borough shall advise the applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.

All small wireless facilities shall be acted upon by the Borough as follows: 1) 60 days for small wireless facilities added to existing structures, regardless of whether the structure currently supports a wireless facility; and 2) 90 days for small wireless facilities that require a new support structure (i.e., new poles). This time frame shall include obtaining any zoning approvals, applicable permits, and any necessary agreements between the municipality and the applicant. The applicable time period shall commence on the day the application is submitted to the Borough of Hellertown. If an applicant for a small wireless facility submits an incomplete application, the time frame for approval may be reset by the Borough of Hellertown, which shall notify the applicant within 10 days of submission that the application is incomplete. For any subsequent determinations of incompleteness, the time frame for approval is tolled if the Borough notifies the applicant within 10 days of submission that the additional information provided is insufficient.

Special exception required. Applicants for new commercial communication towers in the ROW shall proceed through the special exception process, pursuant to the guidelines and procedures set forth in the Borough Zoning Code. The special exception application shall demonstrate that the proposed facility conforms to all applicable requirements and guidelines enumerated in the Borough Zoning Code.

Height. Towers in the ROW shall not exceed 32 feet in height and are prohibited in areas in which all utilities are located underground. To the extent permissible under state and federal law, any height extensions to an existing tower in the ROW shall require a permit from the Borough, and shall not increase the overall height of the tower to more than 36 feet.

Location. Towers shall not be located in the front facade area of any structure, or within 75 feet of an area in which all utilities are located underground.

Placement. If co-location on existing utility poles, towers, or other tall structures is not possible, new towers in the ROW shall be permitted via special exception along certain collector and arterial roads, regardless of the underlying zoning district. A listing of permissible roads is adopted via resolution of Borough Council and is reviewed on a regular basis.

Distance from curb. 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. Additionally:

Design. The tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the Borough.

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

Wind. All commercial communications towers shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).

Replacement and repairs. To the extent permissible under federal law, the removal and replacement of an antenna and/or related equipment for the purpose of upgrading or repairing the communications facility is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure or the number of antennas. Any modification to an existing communications facility shall require notice to be provided to the Borough, and possible supplemental permit approval to the original permit or authorization.

Removal. 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 tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any 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 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 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.

Time, place, and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all 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.

Placement. Antennas in the ROW shall be collocated on existing poles, such as existing utility poles or light poles. If collocation is not technologically feasible, the applicant, with the Borough's approval, shall locate its antenna on existing poles or freestanding structures that do not already act as wireless support structures.

Wind. All antennas shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).

Design. To the extent not prohibited by state or federal law, antenna installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

Appearance. Antennas and related equipment shall be treated to match the supporting structure (i.e., stealth technology) and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted. The Borough shall have the discretion to approve or deny the applicant's final design choice.

Time, place, and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all 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.

Equipment location. 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:

Removal, replacement, and repair. To the extent permissible under federal law, the removal and replacement of an antenna and/or related equipment for the purpose of upgrading or repairing the communications facility is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure or the number of antennas. Any modification to an existing communications facility shall require notice to be provided to the Borough, and possible supplemental permit approval to the original permit or authorization.

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 an antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any 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:

Reimbursement for ROW use. In addition to permit fees as described in this section, every antenna 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 antenna 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.

All small wireless facilities mounted on a tower shall meet the regulations as set forth in § 450-55V, including the provisions incorporated into Subsection V excluding said height restrictions. The height restrictions are defined and applied as set forth in § 450-7.

All small wireless facilities which meet the definition of an antenna shall meet the regulations as set forth in § 450-55W, including the provisions incorporated into Subsection W excluding said height restrictions. The height restrictions are defined and applied as set forth in § 450-7.

A bed-and-breakfast facility shall be permitted only in a single-family detached dwelling.

The principal use of the property shall remain that of a single-family residential dwelling.

The owners or a representative of the owner of a bed-and-breakfast facility must be in the residence when guests are present.

No more than eight guest rooms may be offered on any individual residential property.

The length of stay for any guest shall not exceed more than 14 uninterrupted days.

Accommodations at the bed-and-breakfast facility may include meals prepared on the premises for the guests and included in the charge for the room. Meals prepared on the premises can only be for the registered guests. The owner shall comply with all federal, state and local requirements for the preparation, handling and serving of food.

Any amenities such as tennis court, swimming pool, etc., shall be solely for the use of the resident owner and guests of the facility.

The owner shall maintain a current register.

Applicant shall provide for the required off-street parking requirement.

Each bed-and-breakfast facility shall comply with the Federal Life Safety Code, the rules and regulations of the Pennsylvania Department of Labor and Industry and all other applicable building, safety and fire codes of the federal, state and local government.

The single-family residential exterior appearance of the residence shall be maintained. Alterations shall maintain the single-family exterior character and shall require application and approval by Planning Commission and Council.