A fence or freestanding wall may be erected within the limits of any yard. The height of any fence or wall shall be limited to six feet in a residential district; a fence which is no more than four feet high may be erected in any residential front yard, eight feet in a commercial district and 10 feet in an industrial district. Retaining walls and private terraces without walls, roofs or other enclosures may be erected to greater height up to a fifty-percent increase for that district. Fences erected around tennis courts, basketball courts, backstops and similar recreational facilities are exempt from height limitations. Within any residential district, no enclosure shall be permitted that causes physical harm, such as barbed wire or electric fences and razor, spike or broken glass-topped fences and walls, etc.

Where any multifamily dwelling abuts any single-family district, the owner of the multiple-family dwelling shall, before using said property, construct a fence or wall not less than four feet and not over six feet in height, of such design, construction and location as to substantially impair passage by persons or pets from such multifamily dwelling to and from such single-family use.

Every swimming pool with a surface area of at least 75 square feet or a depth of two feet or more shall be enclosed by a fence or wall not less than five feet high to prevent uncontrolled access by small children.

In all industrial districts, there shall be required a greenbelt area 20 feet in width adjacent to any residential district for all industrial establishments or buildings which have not gone into operations at the time of enactment of this chapter within one year of the issuance of a building permit. The greenbelt area shall be comprised of at least three rows of relatively closely planted trees or shrubs. The individual rows shall contain the following plantings as a minimum: the row immediately adjacent to any residential district, evergreen type trees or shrubs placed such that at maturity said evergreens will touch each other; middle row, soft wood type trees spaced at no more than 20 feet apart; the row immediately adjacent to the industrial district, hardwood-type trees spaced at no more than 40 feet apart. Existing wooded areas may be used as a greenbelt area, if approved by the Planning Commission. The evergreen row immediately adjacent to a residential district may be substituted by a visually solid fence, if approved by the Planning Commission. Industrial district property abutting public road rights-of-way are not required to provide a greenbelt area along said property lines. Greenbelts shall be maintained and kept in proper appearance by the owners of the industrial establishments.

Off-street loading. Every building or use which requires the receipt or distribution by vehicles of material, merchandise and/or customers shall provide off-street loading berths in accordance with the table below. Each loading space shall be not less than 12 feet in width, 35 feet in length, and 14 feet in height.

Off-street parking.

Not more than five persons shall be employed during any one shift in the manufacturing portion of the business.

Service stations. A service station, as defined in this chapter, shall meet the following additional requirements: no street entrance or exit for vehicles, and no portion or equipment of such service station shall be located within 200 feet of any school, park or playground conducted for and attended by children, or within 100 feet of any hospital, church or public library, or within 75 feet of a lot in a residence district as established in this chapter. No equipment above the surface of the ground for the service of motor vehicles shall be closer than 30 feet to any street line or highway, nor closer than 15 feet to any property line.

All drive-in uses. The width of any entrance driveway leading from the public street to a service station or other drive-in facility, as defined in this chapter, shall not exceed 30 feet at its intersection with the curbline or edge of pavement. No two driveways leading from a public street to a service station or other drive-in use shall be within 30 feet of each other at their intersection with the curb or street line. Parking and vehicle access shall be so arranged that motorists are unable to back over sidewalks or into streets.

In addition to those requirements specified in § 72-30, Walls, fences and screening, junkyards shall be completely screened on all sides with a visually solid fence or wall at least eight feet in height and not more than 10 feet in height.

All junk shall be stored or arranged so as to permit access by firefighting equipment and to prevent the accumulation of water, and with no junk piled to a height of more than six feet, or the height of one vehicle.

No oil, grease, tires, gasoline, interiors of vehicles or other similar material shall be burned at any time.

Any junkyard shall be maintained in such a manner as to cause no public or private nuisance, nor to cause any offensive or noxious sounds or odors, nor to cause the breeding or harboring of rats, flies or other vectors.

Fire protection. Fire protection and fighting equipment acceptable to the Board of Fire Underwriters shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.

Electrical disturbances. No activity shall cause electrical disturbances adversely affecting radio or other equipment in the neighboring area.

Noise. Noise which is determined to be objectionable because of volume or frequency shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes, which shall be exempt from this requirement. Objectionable noise levels shall be construed as being those in excess of 60 dB at the property line.

Smoke. The maximum amount of smoke emission permissible shall be determined by the use of the Standard Ringlemann Chart issued by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed.

Odors. In any district no malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property. This shall not apply to any form of fertilizer in districts where agriculture is a permitted use.

Air pollution. No pollution of air by fly ash, dust, vapors or other substance shall be permitted which is harmful to the health, or to animals, vegetation or other property.

Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or roads shall not be permitted.

Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. Agricultural activities are exempt from this requirement.

Water pollution. The method for discharging wastes to public sewers, drains or watercourses shall be acceptable to the State Department of Environmental Protection.

Individual mobile homes, as defined in this chapter, are permitted in the R-C District if the following requirement are met:

Mobile home parks, as defined in this chapter, are permitted in the R-C District if the following requirements are met:

R-A District.

R-B District.

R-C District.

C-1 District.

C-2 District.

M-1 District.

F-1 District.

Home occupations, as defined in this chapter, shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. Home occupations may include, but are not limited to: art studios, dressmaking, teaching or professional offices. However a home occupation shall not be interpreted to include commercial stables, kennels, restaurants or auto repair services. The following additional requirements shall be observed:

The occupation may be customarily carried on in a dwelling unit; and

No travel trailers, as defined in this chapter, motor homes or tents shall be permitted unless public toilet, shower and washroom facilities are furnished within 150 feet of all camp sites.

No travel trailer, motor home or tent shall be occupied for more than a total of five months in any one year.

Any land used as a recreational camp shall also be subject to the provisions of Chapter 41 of the Lake City Borough Code entitled "Mobile Homes and Mobile Home Parks."

The ground floor of the principal structure shall be devoted to the commercial activities as permitted in the C-1 District.

The density of residential units shall be limited to 12 residential dwelling units per acre.

The maximum height of the structure shall be four stories or 45 feet.

All lot and yard requirements of §§ 72-20 and 72-21 shall be met.

A zoning certificate shall be required as to the type of retail sales and to the duration of the business before a business service is permitted within the borough.

Floodplains. The location and boundaries of land subject to periodic flooding shall be determined by reference to the U.S. Department of Housing and Urban Development, Federal Insurance Administration Flood Hazard Boundary Maps. Only the most updated version of these maps shall be referred to. These maps and data are to become part of the Lake City Borough Zoning Map.

Lake Erie bluff setbacks.

Apartment buildings, condominiums, townhouses, boardinghouses, hotels, motels, etc. are considered unit buildings regardless of ownership, owner/renter or lease time status. The standards governing development of such structures shall be the same as is prescribed for multifamily units in §§ 72-21 and 72-22 of this chapter.

Prior to the approval of such structures, the Zoning Officer shall be provided with an approved copy of the declaration plan required for condominiums by current state law, if applicable. Any other requirements that are applicable to these type of structures, such as PA Department of Labor and Industry regulations, must also be complied with, and any permit and/or plan required by the commonwealth must be provided to the Zoning Officer.

Evidence that all applicable federal, state, county and local laws, rules, regulations and ordinances (including those dealing with fire protection and other safety requirements, the number and qualifications of personnel required, etc.) have been met, and will be complied with, concerning the use of an existing structure or construction of a new facility, and the operation of the facility, once occupied.

Evidence that all necessary permits, licenses, certifications and other approvals for the facility and for its operator and/or personnel or employees, have been obtained from federal, state, county and local government agencies and/or courts, as applicable, and will be kept in effect.

A paved parking area(s) with: one off-street parking space for each employee and/or operator on maximum attendant shift; and one off-street parking space for every two care recipient beds, which may be utilized for recipients' or visitors' parking, as applicable.

Building-mounted communications antennas shall not be located on any single-family dwelling or two-family dwelling.

Building-mounted communications antennas shall be permitted to exceed the height limitations of the applicable zoning district by not more than 20 feet.

Omnidirectional or whip communication antennas shall not exceed 20 feet in height and seven inches in diameter.

Directional or panel communications antennas shall not exceed five feet in height and three feet in width.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit written 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 loads associated with the antenna location. All such certifications must be signed by and under seal of the engineer.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit derailed construction and elevation drawings indicating how the antennas will be mounted on the building or the structure for review by the Borough Engineer or other appropriate Borough official to ensure compliance with applicable laws.

Any applicant proposing communications antennas to be mounted on a building or other structure shall submit with the application written evidence of agreements and/or easements necessary to provide access to the building or structure on which antennas are to be mounted so that installation, placement and maintenance of the antennas and communications equipment building can be accomplished. The use shall be authorized only to the extent of written leases and/or easements as in effect, and termination of such lease(s) and/or easement(s) shall result in the immediate removal of all communications antennas and/or communications equipment buildings authorized thereunder.

Communications antennas shall at all times comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

Communications antennas shall not cause radio frequency interference with other communications facilities in the Borough of Lake City.

The owner or operator of the communications antennas shall be licensed by the Federal Communications Commission to operate such antennas.

A communications equipment building or related structure shall be subject to the height and setback requirements of the applicable zoning district for an accessory structure.

No signs or lights shall be mounted on a communications equipment building except as may be required by the Federal Communications Commission or other governmental agency having appropriate jurisdiction.

Where not accompanying a communications tower or other tower, a communications equipment building shall be enclosed by a fence having openings not greater than nine square inches which is not less than six feet and not greater than eight feet in height measured from ground level.

Access shall be provided to the communications equipment building by means of a public street or easement to a public street. An easement shall be a minimum of 20 feet in width and shall be improved to provide year-round access; provided, that in residential use districts, where practicable, easements shall not be improved if access to the communications equipment building is otherwise assured without such measures and development of an improved access surface would be out of character us to adjacent uses.

The applicant must submit with the application;

In the event of any change, alteration, modification, suspension or termination of licensure, ownership, operator identity, insurance, leases, easements or other items required to be submitted with an application, the owner of the said communications antennas and/or communications equipment building shall, in writing, within 10 days after such event, notify the Borough Code Administrator of such event and provide copies of all documents pertinent to the event as may relate to compliance with these regulations.

The regulations in § 72-47.1 shall govern to the extent applicable as extended to alternative tower structures, communications towers and other towers, including, but not limited to, Subsections E, F, G, H, I, J, K, L, O and P.

Communications towers, alternative tower structures and other towers shall comply with all applicable regulations of the Federal Aviation Administration and Commonwealth Bureau of Aviation and applicable Airport Zoning Regulations.

Any applicant proposing construction of a new communications tower, alternative tower structure or other tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas, personal wireless facilities or other antennas or facilities of an existing building, structure, communications tower, alternative tower structure or other tower. A good faith effort shall require that all owners of potentially suitable structures within a one-half-mile radius of a proposed communications tower, alternative tower structure or other tower site be contacted, and that one or more of the following reasons for not selecting such structure(s) apply:

Substantiation of the good faith effort required under Subsection C shall be in writing, signed by the applicant or an authorized representative of the applicant, and shall meet the following requirements:

Access shall be provided to the communications tower, alternative tower structure or other tower and any communications equipment building or facility by means of a public street or easement to a public street. An easement must be at least 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface (tar and chip or paved) for its entire length.

A communications tower may be located on a lot occupied by other principal structures and may occupy a leased parcel within a lot meeting lot size requirements for the zoning district.

The applicant shall demonstrate that the proposed height of the communications tower or alternative tower structure is the minimum height necessary to perform its function.

The maximum height of any communications tower or alternative tower structure shall be 150 feet; provided, nevertheless, that such communications tower height or alternative tower structure height may be increased to not more than 200 feet so long as the required setbacks from adjoining property lines (not lease lines) and nearby buildings or structures are increased by one foot for each one foot height in excess of the stated general maximum height for the zoning district. No tower or alternative tower structure not related to a communications antenna shall exceed the maximum height otherwise authorized in the zoning district.

The foundation and base of all communications towers, alternative tower structures and other towers shall be set back from all nearby or adjacent buildings or structures by not less than the total height of the communications tower, alternative tower structure or other tower, including all items mounted upon it, plus 30 feet. In the case of adjacent residential uses, this setback shall not be less than 250 feet, regardless of the height of the structure.

Aside from setbacks required from other buildings and structures, the foundation and base of all communications towers, alternative tower structures and other towers shall be set back from adjoining property lines (not lease lines) as follows:

In applications for a dimensional variance as authorized by this chapter, the Zoning Bearing Board may allow minimum relief necessary from the regulation established in Subsection J(3) where the physical conditions and circumstances of the subject premises and the present and foreseeable development of adjacent properties indicates that such relief would allow the use with no adverse impact to adjacent development, buildings or structures.

Self-supporting tower structure shall be required for communications towers, alternative tower structures and other towers.

The base of a communications tower, alternative tower structure or other tower shall be landscaped so as to screen the foundation and base and any communications equipment building or other related accessory building from abutting properties and, in general, make the site as aesthetically pleasing as possible. The Code Administrator may permit any combination of existing vegetation, topography, walls, decorative fences and other means of screening in lieu of landscaping if they achieve the same degree of screening as would be achieved by the required landscaping.

Communications towers, alternative tower structures and other towers shall be painted in a color which best allows them to blend into the surrounding area unless otherwise required by the Federal Communications Commission.

The applicant shall submit with the application a written certification by a Pennsylvania registered professional engineer that the proposed communications tower, alternative tower structure or other 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 Industry Association/Telecommunications Industry Association, other applicable established standards and applicable requirements of the Code of the Borough of Lake City. Such certification must be signed and under the seal of the said engineer.

The site of a communications tower, alternative tower structure or other tower and any related communications building or other structure shall be enclosed by a fence having openings of not greater than nine square inches which is not less than six feet and not greater than eight feet in height measured from ground level.

At least two off-street parking spaces shall be provided within the fenced area.

Any proposed new communications tower or alternative tower structure for communications antennas, personal wireless facilities or like equipment shall be located not less than 1,500 feet from an existing or previously approved communications tower or alternative tower structure.

No signs or lights shall be mounted on a communications tower, alternative tower structure or other tower except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency having appropriate jurisdiction.

Communications towers, alternative tower structures and other towers shall be protected and maintained in accordance with all applicable provisions and requirements of the Code of the Borough of Lake City.

The communications tower, alternative tower structure and other towers must be inspected at the time of its construction and not less frequently than every two years thereafter by an expert who is regularly involved in the maintenance, inspection and/or erection of such structures. At a minimum, this inspection shall be conducted in accordance with the Tower Inspection Class Checklist provided in the Electronics Industries Association (EIA) Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures. Copies of all such inspection reports shall be filed with the Code Administrator by the applicant/permittee not later than 30 days after receipt of the same by the owner or operator, and all deficiencies noted in such inspection reports shall be remedied promptly by the owner or operator.

If a communications tower, alternative tower structure or other tower remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower, alternative tower structure or other tower within six months after the expiration of such twelve-month period.