Meadville City Zoning Code
ARTICLE 1306
Performance Standards and Supplementary Regulations
§ 1306.01 Accessory uses and structures.
[2-6-2024 by Ord. No. 3821]
(A)
It is the intent of this zoning code that accessory uses, and structures be permitted in conjunction with any lawful use. To guide proper accessory uses and structures, the following table will supplement use tables in previous articles. When an accessory structure or use is not specifically mentioned, the zoning administrator shall determine if it is practically the same as a mentioned use.
(B)
Except as may be permitted by home occupation or in conjunction with a principal use other than residential, in all residential zoning districts and on all lots outside of a residential zoning district, on which are located single-family and multi-family dwellings for residential use, no commercial, sales or business activity of any kind, inside or outside of a building, shall be permitted as an accessory use, except that yard sales, as defined, may occur no more than seven days per calendar year. Yard sales are permitted only at the primary residence of the person holding the yard sale.
(C)
An accessory use, building or structure may be established or placed on a lot that is within 50 feet and separated from the lot occupied by the principal use to which the use, building or structure relates by a right-of-way, if approved by the board as a special exception subject to the following provisions:
(1)
The applicant must document, by gross area and/or gross floor area, as applicable, the area the accessory use, building and/or structure is proposed to occupy; and
(2)
If the principal use is nonconforming, the accessory use, building and/or structure shall be counted toward the maximum expansion limit prescribed in Article 1307 for nonconforming uses; and
(3)
A consolidation deed, deed restriction or alternate statement approved by the city shall be recorded with the deed(s) for the accessory parcel(s) detailing the relationship between the parcels so as to prevent sale or conveyance of the accessory parcel separate from the principal parcel, absent restrictive covenants acceptable to the city.
Table 1306.01: Accessory Uses | |
|---|---|
Use | Permitted Accessory Uses and Structures |
Single-family dwellings | Garages, carports, garden sheds, storage buildings, home workshops, satellite dish antennas, swimming pools, avocational greenhouses, tennis courts, pet shelters, driveways, solar panels, wind turbines, outdoor wood-fired boilers |
All other dwelling types | Garages, carports, laundry for tenants, swimming pools, recreation facilities for tenants, storage building for maintenance or tenants, garden sheds, satellite dish antennas, pet shelters, driveways, solar panels, wind turbines, outdoor wood-fired boilers |
Business or industrial | Garages, carports, parking ramps, swimming pools, day care for employees, tenants or patrons, satellite dish antennas, enclosed storage areas, parking lots, maintenance buildings, recreation facilities, commissary for employees or tenants, solar panels, wind turbines, outdoor wood-fired boilers, electric vehicle charging stations |
Institutional | Supply stores for tenants, employees or students, day care centers for tenants, employees or students, swimming pools, garages, carports, satellite dish antennas, enclosed storage areas, maintenance buildings, parking lots, cafeteria for employees or tenants or students, similar necessary scientific, recreational, spiritual, educational or residential facilities, solar panels, wind turbines, outdoor wood-fired boilers, electric vehicle charging stations |
§ 1306.02 Access drives.
[2-6-2024 by Ord. No. 3821]
(A)
Access drives must be completely surfaced with asphalt, concrete or similar material subject to approval by the city engineer that prevents erosion and generation of dust or mud.
(B)
Access drives must have a clear and durable delineation from vegetated yards, walks or other areas.
(C)
Access drives are not subject to any setback requirements but must comply with stormwater management regulations, size requirements as specified in this zoning code, and other standards and specifications adopted from time to time by the city.
§ 1306.03 Antennas, satellite dishes, solar panels and similar apparatus.
[2-6-2024 by Ord. No. 3821]
While a permitted accessory structure in all districts, no satellite dish, antenna, solar panel or similar apparatus shall be located in front yard areas. When the use for which a satellite dish antenna, solar panel or similar apparatus is utilized is closed or vacated for whatever reason, all satellite dish antennae, solar panels and similar apparatus and related appurtenances shall be removed within 60 days of the closure.
§ 1306.04 Application of yard and open space regulations.
[2-6-2024 by Ord. No. 3821]
(A)
Setbacks shall be measured from the right-of-way of abutting roads or from property lines, whichever is nearest to the structure. The building setback shall be measured to the closer of the structure's footprint or the outermost point of a building roof overhang.
(B)
No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this zoning code shall be included as a part of a yard, open space or off-street parking or loading space similarly required for any other building.
(C)
Lots shall maintain their minimum lot widths from the front lot line rearward at least to the point where the minimum lot areas and yards are satisfied.
(D)
If a building on a corner lot leaves no room for a subdivision to create a new legal building lot fronting on either of the adjacent streets, then the lot shall be considered as having two front yards and shall comply with the minimum front yard requirements at both frontages.
(E)
Where an existing residential building containing four or fewer dwelling units has a front yardless than the minimum depth required, an addition of up to 50 percent of the bulk of the existing building within the minimum depth required shall be permitted up to the same nonconforming setback as the existing building. The bulk shall be measured in gross cubic feet.
(F)
Where an existing nonrgsidential building or any building containing five or more dwelling units has a front yard less than the minimum depth required, an addition of up to 50 percent of the bulk of the existing building within the minimum depth required shall be permitted up to the same nonconforming setback as the existing building as a special exception. The bulk shall be measured in gross cubic feet. In addition to the general standards for special exception, the proposed use must be shown to be consistent with the adjoining and surrounding zoning and uses; be consistent with the scale and density of neighboring uses and building; and comply with parking and loading/unloading standards for related uses specified in this zoning code. In addition, it must be shown that the proposed use would not substantially increase traffic congestion; create traffic safety hazards or endanger the safety of persons or property by improper location or design of facilities for ingress or egress; change the basic functional characteristics of the streets and lands on which it is located, as identified by the city comprehensive plan; increase the danger of fire or otherwise involve activities or processes which would tend to endanger the public health or safety; or be detrimental to or adversely affect the reasonable use of adjacent property.
(G)
A fence or wall no higher than eight feet is permitted in a side and rear yard. A fence, hedge or wall is permitted in the front yard provided it is no higher than four feet and does not interfere with the line of sight for vehicular traffic on adjoining streets or alleys. A retaining wall may be constructed in any yard as necessary to stabilize a natural earthen embankment and for that purpose only. Fences and walls must be built of a durable and rigid material and must include sturdy supports that extend into the ground to provide permanent support. Fences not meeting these regulations shall not be permitted except in conjunction with construction work, as specified in Article 1701.
(H)
Swimming pools and associated decks regulated by the Pennsylvania Uniform Construction Code shall be permitted behind the back wall of the principal structure on the lot; provided, that the pool is located not less than 10 feet from any side yard line and 10 feet from the rear yard line. Pumps, filtration devices, and similar apparatus required by the pool shall lie within the side or rear yard area.
(I)
The following structures are exempt from height regulations provided they do not constitute a hazard: communication towers, church spires, chimneys, elevator bulk heads, smokestacks, conveyors, flag poles, agricultural silos, stand pipes, elevated water tanks, derricks and similar structures.
(J)
Outdoor wood boilers must be a minimum of 150 feet from the nearest property line and must have a permanently attached stack. The stack must meet both of the following height requirements: extend a minimum of 10 feet above the ground and extend at least two feet above the highest peak of the tallest residence located within 150 feet of the boiler.
(K)
Essential services, handicapped access ramps, fences, driveways, access drives, retaining walls, terraces without walls, and steps, stairways and associated stoops no larger than the minimum required by the Uniform Construction Code or those necessary to reach the ground from an existing porch, deck or other walkable structure are exempt from all area and yard regulations.
(L)
In corner lots, side yards opposite the street to which the property is addressed or opposite the front of the house, as deemed appropriate by the zoning administrator, may, upon request, be treated as rear yards for the purposes of this zoning code. In through lots, front yards opposite the street to which the property is addressed or opposite the front of the house, as deemed appropriate by the zoning administrator, may, upon request, be treated as rear yards for the purposes of this zoning code.
(M)
All structures must comply with the setback and lot requirements of this zoning code unless expressly permitted elsewhere in this zoning code, regardless of whether a permit is required for their construction or placement.
§ 1306.05 Mixed-use buildings.
[2-6-2024 by Ord. No. 3821]
(A)
Mixed-use buildings are permitted in all districts except for the R-Residential districts.
(B)
Mixed-use buildings may be occupied by a combination of the uses permitted within the zoning district it lies in, subject to that the nonresidential uses must be classified as light uses, except for in the case of upper-floor residential uses, where moderate uses are permitted only when housed entirely below all residential units in the building.
§ 1306.06 Campus development.
[2-6-2024 by Ord. No. 3821]
(A)
A campus may include any of the uses allowable within the district and also compatible uses not specifically listed. However, all new principal uses or changes of principal uses within a campus shall be by special exception.
(B)
Mixed-use or mixed occupancy buildings within a campus must meet the cumulative setback standards for the uses therein from any property in separate ownership.
(C)
Mixed-use or mixed-occupancy buildings within a campus must meet the highest of the landscaping or screening standards of the uses therein when abutting any dwelling in separate ownership.
§ 1306.07 Commercial uses in MU-1 and MU-2 districts.
[2-6-2024 by Ord. No. 3821]
The following criteria apply to all commercial uses within the MU-1 and MU-2 districts.
(A)
Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.
(B)
Any ventilation or exhaust vents, tubing or piping shall be oriented toward a right-of-way or vertically. Such ventilation and related equipment shall be screened so as to not be directly visible to the right-of-way.
(C)
If off-street loading and/or parking is provided on the lot, it shall be located behind the front face of the building and at no time shall it be in a front yard area or between a principal structure and right-of-way. If parking for more than two vehicles is provided, it shall be screened per one or more of the parking screening standards in this zoning code.
(D)
No outdoor storage of any kind is permitted.
(E)
All lighting, except building-mounted decorative or security lighting, shall be screened from view from any neighboring property or right-of-way.
§ 1306.08 Use and occupancy requirements in the MU-1, MU-2, MU-3, DPH, and GB-M districts.
[2-6-2024 by Ord. No. 3821]
All new construction in the MU-1, MU-2, MU-3, DPH, and GB-M districts shall be occupied and used solely within the category of use (single-family residential, multi-family residential, commercial, noncommercial business, industrial, etc.) indicated by the proposed use on the initial zoning permit for no less than the first two years of occupancy.
§ 1306.09 Construction requirements in the MU-1, MU-2, MU-3, DPH, and GB-M districts.
[2-6-2024 by Ord. No. 3821]
(A)
All new construction of principal buildings for human occupancy for all categories of uses except industrial uses shall comply with the following standards within the MU-1, MU-2, MU-3, DPH, and GB-M districts:
(1)
Single-Family Dwellings.
(a)
Roofs shall be positively pitched no less than 15 degrees. Mono-pitched roofs are prohibited.
(b)
An entrance shall be provided at each of the building's frontages. Buildings on corner lots with two frontages may satisfy this requirement with an entrance placed diagonally at the corner where the frontages meet. The addressed entrance shall be considered the main frontage entrance and shall provide a dedicated walkway leading directly from it to the related adjacent sidewalk.
(c)
Garages, whether integrated or detached, shall be located behind the front face of the house, preferably accessed only by an alley, if present.
(2)
Two-Family Dwellings.
(a)
Roofs shall be positively pitched no less than 15 degrees. Mono-pitched roofs are prohibited.
(b)
An entrance shall be provided at each of the building's frontage. Buildings on corner lots with two frontages may satisfy this requirement with an entrance placed diagonally at the corner where the frontages meet. The addressed entrance shall be considered the main frontage entrance and shall provide a dedicated walkway leading directly from it to the related adjacent sidewalk.
(c)
Garages, whether integrated or detached, shall be located behind the front face of the dwelling, preferably accessed only by an alley, if present.
(3)
Townhouse Dwellings.
(a)
The building shall be at least two stories but no more than three stories.
(b)
Roofs shall be positively pitched no less than 15 degrees. Mono-pitched roofs are prohibited.
(c)
Garages, whether integrated or detached, shall be located behind the front face of the dwelling, preferably accessed only by an alley, if present.
(5)
Commercial and Business Buildings.
(a)
An entrance shall be provided at each of the building's frontages. Buildings on corner lots with two frontages may satisfy this requirement with an entrance placed diagonally at the corner where the frontages meet. The addressed entrance shall be considered the main frontage entrance and shall provide a dedicated walkway leading directly from it to the related adjacent sidewalk. Pedestrian access shall be provided from any parking area to a public entrance of the building.
(b)
No accessory structures or dumpsters shall be located between the front wall of a building and the front lot line. Dumpsters shall also not be located in side yards unless screened by an opaque wall concealing the dumpsters from view of the street.
(6)
Mixed-Use Buildings.
(a)
Garages, whether integrated or detached, shall be located at the rear of the lot, preferably accessed only by an alley, if present.
(b)
No accessory structures or dumpsters shall be located between the front wall of a building and the front lot line.
(c)
Dumpsters shall be located behind the rear wall of the building.
(d)
Drive-through windows are prohibited.
(7)
Institutional Buildings.
(a)
An entrance shall be provided at each of the building's frontages. Buildings on corner lots with two frontages may satisfy this requirement with an entrance placed diagonally at the corner where the frontages meet. The addressed entrance shall be considered the main frontage entrance and shall provide a dedicated walkway leading directly from it to the related adjacent sidewalk. Pedestrian access shall be provided from any parking area to a public entrance of the building.
(b)
Garages, whether integrated or detached, shall be located at the rear of the lot, preferably accessed only by an alley, if present.
(c)
No accessory structures or dumpsters shall be located between the front wall of a building and the front lot line.
§ 1306.10 Residential dwellings generally.
[2-6-2024 by Ord. No. 3821; 4-15-2025 by Ord. No. 3831]
(A)
Accessory dwelling units (ADUs) shall be subject to the following requirements:
(1)
ADUs shall only be permitted in conjunction with a single-family detached houses as the principal use.
(2)
Only one ADU shall be permitted per lot.
(3)
ADUs shall require permits in the same manner as a principal use.
(4)
ADUs shall have a minimum habitable floor area of 401 square feet. ADUs shall have a maximum gross floor area of no greater than the habitable floor area of the principal dwelling.
(5)
ADUs shall not exceed the principal house in height, width of frontage, or gross area of footprint.
(6)
Construction of new ADUs shall be subject to the minimum yard, height, clear distance, and setback requirements that apply to principal uses for the district, except that no part of an ADU shall encroach into the front yard(s) established by the principal dwelling. Conversion of an existing structure into an ADU shall be exempt from these requirements so long as no horizontal expansion of the structure is made to encroach any further into an established setback.
(7)
ADUs shall have their own exclusive access to the outside.
(B)
Single-family detached houses other than cottages in cottage courts shall have a minimum habitable floor area of 648 square feet when permitted by right. Single-family detached houses may have less than 648 square feet of habitable floor area, but no less than 401 square feet of habitable floor area, by special exception.
(C)
Cottage courts shall be subject to the following requirements:
(1)
A cottage court development shall exist on a single undivided lot of record. While leases of a dwelling may grant a lessor private privileges over certain areas of the cottage court, subdivision of a cottage court into fee title lots shall be prohibited except in the event it is subdivided in its entirety with each dwelling retaining its own respective lot and all subject dwellings meet the zoning requirements for their respective dwelling types.
(2)
All dwelling units in a cottage court shall have a minimum habitable floor area of 401 square feet.
(3)
A cottage court development shall maintain a minimum of 450 square feet of open space per dwelling unit, exclusive of any area driveways and vehicle parking, to remain usable either to each household individually or collectively.
(4)
No more than seven cottages, duplexes, or townhomes in combination shall cumulatively exist on a lot in a cottage court.
(5)
Each cottage court shall be limited to a single access drive or driveway that opens to a public road.
(D)
Townhouses other than those appearing in a cottage court shall have a minimum habitable floor area of 648 square feet, a minimum lot width of 15 feet, and a minimum lot depth of 60 feet.
(E)
Apartments in any multiple-unit building shall have a minimum habitable floor area of 348 square feet unless provided otherwise in this title.
(F)
Minimum required off-street parking for residential uses shall be provided on the same lot as the use in all districts except the MU-3 and DPH districts or as otherwise provided in this title.
§ 1306.11 Dwellings, multi-family.
[2-6-2024 by Ord. No. 3821]
(A)
Each individual dwelling unit in a multi-family building shall have a minimum habitable floor area of 350 square feet. Common areas shared with tenants of other dwelling units are not included in this minimum.
(B)
In addition to the minimum habitable floor area, each individual dwelling unit less than 500 square feet in a multi-family building shall have either (1) a private, sheltered porch or balcony in dimensions no less than four feet by eight feet, or (2) access to a common porch or balcony of no less than 36 square feet plus 12 square feet per unit without a private balcony.
§ 1306.12 Car washes.
[2-6-2024 by Ord. No. 3821]
Where a car wash abuts a residential use or district, the business hours of the car wash shall be limited to 7:00 a.m. to 10:00 p.m. prevailing time. Any outdoor mechanical equipment shall be muffled and screened using a standard in Section 1306.25(B) to minimize noise and light.
§ 1306.13 Horticulture.
[2-6-2024 by Ord. No. 3821]
Horticulture, as defined by this zoning code, shall be a permitted accessory activity in all districts and for all uses.
§ 1306.14 Community gardens.
[2-6-2024 by Ord. No. 3821]
(A)
The operator of a community garden may allow or organize gatherings of people at the garden.
(B)
A community garden is permitted to have any related accessory structures on the site so long as the result complies with the special exception standards.
(C)
A use less than 100 square feet shall be exempt from these provisions.
(D)
Community garden-related roofed buildings shall be located a minimum of five feet from any lot line.
(E)
Open-air composting piles shall be prohibited.
(F)
As regulated by Article 6, no offensive noise, vibration, smoke or other particulate matter, heat, humidity, glare or other objectionable effects shall be produced. The impacts of traffic and environmental conditions shall also be considered as part of the city's evaluation.
(G)
At a minimum, a fence or hedge four feet in height shall be placed either on the side and rear lot lines or within the side and rear yards.
(H)
If more than one trash receptacle greater than 50 gallons is located on the site, the receptacle shall meet the minimum requirements for dumpsters and screening in accordance with this zoning code.
(I)
Any new operation as part of an existing agricultural operation shall not be approved by the city until an erosion and sedimentation control plan has been prepared and found satisfactory by the Crawford County Conservation District, if said plan is equal to or greater than 5,000 square feet.
(J)
No retail sales or the raising of any animals shall be permitted to occur on the lot where community agriculture occurs.
§ 1306.15 Commercial waste receptacles.
[2-6-2024 by Ord. No. 3821]
In all zoning districts, all commercial waste receptacles larger than 95 gallons or multiple waste receptacles taken together total more than 108 gallons shall be screened from view from a public right-of-way.
§ 1306.16 Drive-through for financial institutions, car washes, dry cleaners, drive-through or drive-in restaurants or drive-in retail businesses.
[2-6-2024 by Ord. No. 3821]
Drive-through for financial institutions, car washes, dry cleaners, drive-through or drive-in restaurants or drive-in retail businesses shall be permitted by the zoning administrator as an accessory to the operation if they meet the following criteria:
(A)
Under no circumstances shall vehicular traffic be required to back onto public streets.
(B)
For all drive-through lanes, a total stacking area suitable for six cars per lane shall be available between the point of service and a public street. A minimum length of 20 feet per vehicle shall be required. Minimum stacking lane width is eight feet.
(C)
Under no circumstances shall public streets serve as a drive-through lane.
§ 1306.17 Forestry.
[2-6-2024 by Ord. No. 3821]
Natural resource uses shall be permitted, provided the following standards can be met to protect public health and safety in an urban environment:
(A)
Forestry shall be permitted by right in all districts provided:
(1)
Roads used for access shall be kept in a mud-free condition at the end of each day.
(2)
All harvesting practices must include measures to protect nearby structures and utility lines.
(3)
To avoid traffic congestion and excess noise, all harvesting activities must be conducted between Monday and Friday between the hours of 8:30 a.m. and 4:00 p.m.
§ 1306.18 Temporary structures.
[2-6-2024 by Ord. No. 3821]
Temporary structures, in conjunction with construction work, shall be permitted only during the period that the construction work is in progress.
§ 1306.19 Recreational and temporary housing units.
[2-6-2024 by Ord. No. 3821]
Vehicles, trailers, storage units, recreational shelters and similar structures and devices, including, but not limited to, park trailers, travel trailers, recreational vehicles, camper trailers, tents, vans, cars, garages, and sheds are prohibited from being used for living quarters or dwellings.
§ 1306.20 Storage in portable storage units.
[2-6-2024 by Ord. No. 3821]
Portable storage units delivered by vehicle, may be used for permanent storage only in the EDC district. For the purposes of this section, permanent is defined as a period of longer than 180 days. Such use shall be treated as a permanent structure and must comply with all lot, yard, coverage, landscaping, height and other requirements.
§ 1306.21 Public rights-of-way.
[2-6-2024 by Ord. No. 3821]
(A)
Temporary uses and activities of no more than 48 hours' duration shall be permitted in a right-of-way by owners of abutting properties so long as the use or activity does not create a public nuisance.
(B)
Unless otherwise permitted under Article 1309 or the previous section, no structure or item of any kind shall be constructed or placed within and no commercial or business activity of any kind shall be conducted within the street right-of-way of any public street or highway except in the MU-3 Downtown Mixed-Use district, or in conjunction with a special event, all in accord with applicable regulations adopted by city council.
§ 1306.22 Steep slope areas.
[2-6-2024 by Ord. No. 3821]
Any development of slopes of more than 15 percent must be submitted on a plan prepared by a registered engineer or architect showing how the development will treat the slope problem. The zoning administrator shall refer the plan to the city engineer or a consulting engineer for review and advice before issuing any permit.
§ 1306.23 Pedestrian walkways.
[2-6-2024 by Ord. No. 3821]
In any development where a structure that is open to the public is set back from a public right-of-way or public sidewalk, or where a parking lot is located between a public right-of-way and a structure open to the public, there shall be provided a route clearly marked with paint, colored surface material or other differentiation acceptable to the zoning administrator, from the public rights-of-way or public sidewalks to the main entrance or pedestrian way closest to the building. The intent of this provision is to protect pedestrians as they walk through a parking lot or other area where they may come in close proximity with moving motor vehicles.
§ 1306.24 Skirting for buildings on piers.
[2-6-2024 by Ord. No. 3821]
Any building that is set on piers shall have skirting made of concrete block, brick or a product equal to or exceeding the composition of concrete block or brick from grade to a point at least eight inches above grade.
§ 1306.25 Landscaping requirements.
[2-6-2024 by Ord. No. 3821]
Purpose. To promote the natural retention and flow of storm water, and to create areas of buffer and transition between various forms of land use.
(A)
The following landscaping standards shall be applicable where a commercial use abuts a lot on which is located a single-family home, or which is located in a residential zoning district. Any new building or structure of the commercial use shall be screened in conformance with this Article, regardless of the size of the building or structure. Standalone parking lots which abut a lot on which is located a single-family home, or which is located in a residential zoning district, shall comply with screening and landscaping requirements of Article 1308.
(B)
Buffering. A land development or construction project that meets the thresholds in Subsection (A) above shall provide a buffer yard, in compliance with one of the following options, between the lot being developed and any abutting lot on which is located a single-family home, or which is located in a residential zoning district:
(1)
Type I Buffer Yard. A Type I buffer yard shall consist of a triple row of Norway spruces or comparable native species planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of six feet at the time of planting.
(2)
Type II Buffer Yard. A Type II buffer yard shall consist of a 25-foot planting strip between adjoining lot lines and any building or parking area on the lot being developed. The planting strip shall be suitably landscaped and maintained so as to provide a visual screen to a height of at least six feet throughout the year in accordance with a written landscape plan filed with and approved by the zoning administrator. The screening may consist of natural vegetation sufficient for screening or combinations of conifers and deciduous trees and shrubbery and other landscaping features. At time of planting, trees shall be a minimum of six feet if coniferous and eight feet if deciduous.
(3)
Type III Buffer Yard. A Type III buffer yard shall consist of an opaque fence at least four feet in height for the full length of the lot line on which the buffer is required. On the outside perimeter of the fence, a 10-foot planting strip shall be maintained. The planting strip shall be suitably landscaped and maintained so as to provide a visual screen to a height of at least six feet throughout the year in accordance with a written landscape plan filed with and approved by the zoning administrator. The screening may consist of natural vegetation sufficient for screening or combinations of conifers and deciduous trees and shrubbery and other landscaping features. At time of planting, trees shall be a minimum of six feet tall if coniferous and eight feet tall if deciduous.
(C)
Landscaping Plan. A landscaping plan shall be submitted to the zoning administrator to show the delineation of required buffer yards and the type of planting, including proposed tree species and sizes and other landscaping meeting the requirements of this zoning code. All landscaping shall be designed by a registered landscape architect or other person qualified by training and experience to provide landscaping plans, as determined by the zoning administrator. When approved by the zoning administrator, the landscaping plan shall be retained for purposes of measuring compliance in the future.
(D)
In all landscape plans, existing healthy trees and shrubbery should be retained as feasible.
(E)
All fences, trees, shrubs and other landscaping materials shall be maintained substantially in the manner set forth in the approved plans. Trees and shrubs which have died shall be replaced within six months. The buffers do not need to be retained if the adjoining residential building is demolished and the residential use of the premises is abandoned or if the adjoining zoning district is changed from residential to some nonresidential zoning district and no residential uses are maintained on adjacent lots.
§ 1306.26 Wireless communications facilities.
[2-6-2024 by Ord. No. 3821]
(A)
General and Specific Requirements for Communications Antennas.
(1)
The following regulations shall apply to all communications antennas, except those operated by a federally licensed amateur radio operator:
(a)
Standard of Care. All communications antennas shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the Pennsylvania Uniform Construction Code, American National Standards Institute (ANSI) Code, and National Electrical Code. Any communications antennas shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the city.
(b)
Permitted in All Zoning Districts Pursuant to Regulations. Communications antennas are permitted pursuant to this zoning ordinance in all zoning districts, so long as they comply with all of the terms and conditions of this zoning code.
(c)
Historic Areas. No communications antenna may be located upon any property, or on a building, structure, or historic structure, that is listed on either the National or Pennsylvania Registers of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the city to be of specific historical significance.
(d)
Wind. All communications antennas structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).
(e)
Aviation Safety. Communications antennas shall comply with all federal and state laws and regulations concerning aviation safety.
(f)
Public Safety Communications and Other Communications Services. Communications antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(g)
Radio Frequency Emissions. A communications antennas shall not, by itself or in conjunction with other communications antennas and/or communications towers, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(h)
Removal. In the event that use of a communications antenna is discontinued, the owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned communications antennas, or portions of communications antennas, shall be removed as follows:
(i)
All abandoned or unused communications antennas and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the city.
(ii)
If the communications antenna or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the city, the communications antenna and/or related equipment may be removed by the city. As security, the city reserves the right to the salvage value of any removed communications antenna and/or related equipment, if such communications antenna and/or related equipment are not removed by the owner within the specific timeframe enumerated in this section.
(i)
Insurance. Each person that owns or operates a communications antenna shall provide the city with a certificate of insurance, naming the city as an additional insured, and evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications antenna.
(j)
Indemnification. Each person that owns or operates a communications antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the city, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the communications antenna. Each person that owns or operates a communications antenna shall defend any actions or proceedings against the city in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a communications antenna. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(k)
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
(i)
The communications antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(ii)
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the city's residents.
(iii)
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(l)
Removal, Replacement and Modification.
(i)
To the extent permitted by law, the removal and replacement of communications antennas and/or related equipment for the purpose of upgrading or repairing the communications antenna is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure or the numbers of communications antennas.
(ii)
To the extent permitted by state law, any material modification to a communications antenna shall require notice to be provided to the city and, said modification must obtain special exception approval as detailed in this zoning code prior to implementation.
(iii)
In addition to the regulations enumerated in Subsection (A)(1), the following regulations shall apply only to communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act:
a.
Permit Required. Communications antenna applicants proposing changes to an existing communications tower, which do not substantially change the dimensions of the existing wireless support structure or otherwise fall under the WBCA, shall obtain a building permit from the . In order to be considered for such a permit, the applicant must submit a permit application to the city in accordance with applicable permit policies and procedures.
b.
Timing of Approval for Applications that Fall Under the WBCA. Within 30 calendar days of the date that an application for a communications antenna is filed with the city, the city shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the city shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.
c.
Related Equipment. New ground-mounted related equipment greater than three cubic feet shall be screen per the definition of screening in this zoning code.
d.
Permit Fees. The city may assess appropriate and reasonable permit fees directly related to the city's actual costs in reviewing and processing the application for approval of a communications antenna or $1,000, whichever is less.
(m)
In addition to the regulations enumerated in Subsection (A)(1), the following regulations shall apply to communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act:
(i)
Prohibited on Certain Structures. No communications antenna shall be located on single-family residences, duplexes, or townhomes. In addition, at the city's election, the city may require that any proposed communications antenna be located and erected on available city owned property (or alternatively, on property owned by a related city municipal authority) on terms acceptable to the city or such municipal authority, absent specific evidence by an applicant that such proposed city/municipal authority location does not satisfy the applicant's technical requirements for such antenna.
(ii)
Retention of Experts. The city may hire any consultant(s) and/or expert(s) necessary to assist the city in reviewing and evaluating the application for approval of the communications antenna and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these communications antenna provisions. The applicant and/or owner of the communications antenna shall reimburse the city for all costs of the city's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(iii)
Permit Fees. The city may assess appropriate and reasonable permit fees directly related to the city's actual costs in reviewing and processing the application for approval of a communications antenna, as well as related inspection, monitoring and all other related costs.
(iv)
Development Regulations. Communications antennas shall be co-located on existing wireless support structures subject to the following conditions:
a.
The total height of any wireless support structure and mounted communications antenna shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.
b.
In accordance with industry standards, all communications antenna applicants must submit documentation to the city justifying the total height of the communications antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.
c.
If the applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible per the definition of screening in this zoning code.
(v)
Vehicular access to the communications equipment building, or any structure housing related equipment, shall not interfere with the parking or vehicular circulations on the site for the principal use.
(vi)
Noncommercial Usage Exemption. city residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section of the zoning code. Amateur radio operators are exempt from the regulations enumerated in this section.
(vii)
Design Regulations. Communications antennas shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the city.
(viii)
Inspection. The city reserves the right to inspect any communications antenna to ensure compliance with the provisions of the zoning code and any other provisions found within the city code or state or federal law. The city and/or its agents shall have the authority to enter the property upon which a communications antenna is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(2)
Regulations Applicable to all Communications Antennas Located in the Public Rights-of-Way. In addition to the regulations enumerated in Subsection (A)(1), the following regulations shall apply to communications antennas located in the public rights-of-way:
(a)
Co-Location. Communications antennas in the ROW shall be co-located on existing infrastructure, such as existing utility poles or light poles. If co-location is not technologically feasible, the applicant, with the city's approval, shall locate its communications antennas on existing poles or freestanding structures that do not already act as wireless support structures.
(b)
Special Exception Approval Required. Any applicant proposing the construction of a new communications antenna, or modification of an existing communications antenna that, shall first obtain special exception authorization from the city. New constructions, modifications, and replacements that fall under the WBCA or the applicable provisions of the FCC's October 2014 Report and Order, shall be not be subject to the special exception process. The special exception application, and accompanying documentation, shall demonstrate that the proposed facility complies with all applicable provisions in the city of Meadville Zoning Code.
(c)
Design Requirements.
(i)
Communications antenna installations located above the surface grade in the public ROW, including, but not limited to, those on streetlights and 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.
(ii)
Communications antennas and related equipment shall be treated with stealth technology by the communications antenna owner or applicant to match the wireless support structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(d)
Time, Place and Manner. The city shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications antennas in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the city and the requirements of the Public Utility Code.
(e)
Equipment Location. Communications antennas and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the city. In addition:
(i)
Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
(ii)
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the city.
(iii)
Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the city.
(iv)
Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner.
(v)
Any proposed underground vault related to communications antennas shall be reviewed and is subject to approval by the city.
(f)
Relocation or Removal of Facilities. Within two months following written notice from the city, or such longer period as the city determines is reasonably necessary or such shorter period in the case of an emergency, the owner of a communications antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications antenna when the city, 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:
(i)
The construction, repair, maintenance or installation of any city or other public improvement in the right-of-way;
(ii)
The operations of the city or other governmental entity in the right-of-way;
(iii)
Vacation of a street or road or the release of a utility easement; or
(iv)
An emergency as determined by the city.
(B)
General and Specific Requirements for All Communications Towers.
(1)
The following regulations shall apply to all communications towers, excluding any communications tower that is owned and operated by a federally licensed amateur radio operator.
(a)
Standard of Care. Any communications towers shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the Pennsylvania Uniform Commercial Code, American National Standards Institute (ANSI) Code, Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. At all times, communications towers shall be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the city.
(b)
Notice. Upon submission of an application for a communications tower and the scheduling of the mandatory public hearing in front of the city zoning hearing board, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the city.
(c)
Special Exception Authorization Required. communications towers are permitted by special exception in certain zoning districts, at a height necessary to satisfy their function in the applicant's wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the proposed communications tower is the minimum height necessary for its service area.
(i)
Prior to the city zoning hearing board's consideration of a special exception application authorizing the construction and installation of a communications tower, it shall be incumbent upon the applicant for such special exception approval to prove to the reasonable satisfaction of city zoning hearing board that the applicant cannot adequately extend or infill its communications system by the use of equipment such as redoes, repeaters, communications antennas, and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The applicant shall further demonstrate that the proposed communications tower must be located where it is proposed in order to serve the applicant's service area and that no other viable alternative location exists.
(ii)
The special exception application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the applicant, the power in watts at which the applicant transmits, and any relevant related tests conducted by the applicant in determining the need for the proposed site and installation.
(iii)
The special exception application shall be accompanied by documentation demonstrating that the proposed communications tower complies with all state and federal laws and regulations concerning aviation safety.
(iv)
Where the communications tower is located on a property with another principal use, the applicant shall present documentation to the city zoning hearing board that the owner of the property has granted an easement for the proposed communications tower and that vehicular access will be provided to the facility.
(v)
The special exception application shall be accompanied by documentation demonstrating that the proposed communications tower complies with all applicable provisions in this section.
(d)
Engineer Inspection. Prior to the zoning hearing board's issuance of a permit authorizing construction and erection of a communications tower, a structural or professional engineer registered in Pennsylvania shall issue to the city a written certification of the proposed communications tower's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the special exception proceedings before the city zoning hearing board, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
(e)
Visual Appearance. Communications towers shall employ stealth technology. All communications towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The city zoning hearing board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district and/or surrounding area involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and construction principles, practices and techniques. Any utilities extending to the communications tower shall be placed underground.
(f)
Co-Location and Siting. At the city's election, the city may require that any proposed communications tower be located and erected first on available city owned property on terms acceptable to the city, or secondarily, on property owned by a related city municipal authority, absent specific evidence by an applicant that such proposed city location (or in the second instance, the related city municipal authority, does not satisfy the applicant's technical requirements for such communications tower, as outlined below. After due consideration of all appropriate city owned property in consultation with the city (or related city municipal authority), any application for a new communications tower shall also demonstrate that the proposed communications tower cannot be accommodated on any other existing or approved structure or building. The city zoning hearing board may deny an application to construct a new communications tower if the applicant has not made a good faith effort to mount the communications antenna on first (1) city owned property per agreement with the city; and second (2) property owned by a related city municipal authority; or (3) an existing structure. The applicant shall demonstrate that it first contacted the city, related city municipal authorities, and then alternatively contacted the owners of tall structures, buildings, and towers within a one-quarter of a mile radius of the site proposed, sought permission to install a communications antenna on those structures, buildings, and towers and was denied by the city or and the other property owners for one of the following reasons:
(i)
The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
(ii)
The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
(iii)
Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
(iv)
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(g)
Permit Required for Modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of an existing communications tower, which increases the overall height of such wireless support structure, shall first obtain a building permit from the city. Nonroutine modifications shall be prohibited without such permit.
(h)
Gap in Coverage or Capacity. An applicant for a communications tower must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of communications tower being proposed is the least intrusive means by which to fill that gap. The existence or non-existence of a gap in wireless coverage or capacity shall be a factor in the city zoning hearing board's decision on an application for approval of communications tower.
(i)
Additional Communications Antennas. As a condition of approval for all communications towers, the WCF applicant shall provide the city with a written commitment that it will allow other service providers to co-locate communications antennas on communications towers where technologically and economically feasible. To the extent permissible under federal and state law, the owner of a communications tower shall not install any additional communications antennas without obtaining the prior written approval of the city.
(j)
Wind. Any communications tower structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended.
(k)
Height. Any communications tower shall be designed at the minimum functional height. The maximum height of any new communications tower outside the public rights-of-way shall be 175 feet. Communications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility.
(l)
Related Equipment. Either a one single-story wireless communications equipment building not exceeding 250 square feet in area, or up to five metal boxes placed on a concrete pad not exceeding 10 feet by 20 feet in area housing the receiving and transmitting equipment, may be located on the site for each unrelated company sharing space on the communications tower.
(m)
Public Safety Communications and Other Communications Services. No communications tower shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(n)
Maintenance. The following maintenance requirements shall apply:
(i)
Any communications tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(ii)
Such maintenance shall be performed to ensure the upkeep of the communications tower in order to promote the safety and security of the city's residents and utilize the best available technology for preventing failures and accidents.
(o)
Radio Frequency Emissions. A communications tower shall not, by itself or in conjunction with other communications towers or communications antennas, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(p)
Historic Buildings or Districts. No communications tower may be located upon any property, or on a building, structure, or historic structure, that is listed on either the National or Pennsylvania Registers of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the city to be local historic significance.
(q)
Signs. All communications towers shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the communications tower shall be those required by the FCC, or any other federal or state agency.
(r)
Lighting. No communications tower shall be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. Automatic lighting is prohibited, and all lighting must be controlled manually by an on-site switch. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the city manager.
(s)
Noise. Communications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the city code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(t)
Aviation Safety. Communications towers shall comply with all federal and state laws and regulations concerning aviation safety.
(u)
Retention of Experts. The city may hire any consultant and/or expert necessary to assist the city in reviewing and evaluating the application for approval of the communications tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the communications tower shall reimburse the city for all costs of the city's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(v)
Timing of Approval. Within 30 calendar days of the date that an application for a communications tower is filed with the city, the city shall notify the applicant in writing of any information that may be required to complete such application. All applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications towers and the city shall advise the applicant in writing of its decision. If additional information was requested by the city to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.
(w)
Nonconforming Uses. Nonconforming communications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of this section.
(x)
Removal. In the event that use of a communications tower is planned to be discontinued, the owner shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned communications towers, or portions of communications towers, shall be removed as follows:
(i)
All unused or abandoned communications towers and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the city.
(ii)
If the communications tower and/or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the city, the communications tower and related equipment may be removed by the city and the cost of removal assessed against the owner of the communications tower. As security, the city reserves the right to the salvage value of any removed communications tower and/or related equipment, if such communications tower and/or related equipment are not removed by the owner within the timeframes enumerated in this section.
(iii)
Any unused portions of communications towers, including antennas, shall be removed within two months of the time of cessation of operations. The city must approve all replacements of portions of a communications tower previously removed.
(y)
Permit Fees. The city may assess appropriate and reasonable permit fees directly related to the city's actual costs in reviewing and processing the application for approval of a communications tower, as well as related inspection, monitoring, and related costs.
(z)
FCC License. Each person that owns or operates a communications tower over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(aa)
Insurance. Each person that owns or operates a communications tower greater than 40 feet in height shall provide the city with a certificate of insurance naming the city as an additional insured, and evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communications tower. Each person that owns or operates a communications tower 40 feet or less in height shall provide the city with a certificate of insurance and endorsement naming the city as an additional insured, and evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each communications tower.
(bb)
Indemnification. Each person that owns or operates a communications tower shall, at its sole cost and expense, indemnify, defend and hold harmless the city, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the communications tower. Each person that owns or operates a communications tower shall defend any actions or proceedings against the city in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the communications tower. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.
(cc)
Engineer Signature. All plans and drawings for a communications tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(dd)
Financial Security. Prior to receipt of a zoning permit for the construction or placement of a communications tower, the applicant shall provide to the city financial security sufficient to guarantee the construction of the communications tower. Said financial security shall remain in place until the communications tower is fully constructed. Should the communications tower be abandoned by the owner and/or operator, and not removed within two months of such abandonment, the city shall have the authority to remove the communications tower and sell all of its pieces, as well as related equipment, used in the operation of the communications tower, in order to recover the cost of said removal.
(2)
In addition to the regulations enumerated in Subsection (B)(1), the following regulations shall apply to communications towers located outside the public rights-of-way:
(a)
Development Regulations.
(i)
Communications towers shall not be located in, or within 75 feet of an area in which all utilities are located underground.
(iii)
Sole Use on a Lot. A communications tower shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size specifications set forth in the city zoning code.
(iv)
Combined With Another Use. A communications tower may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
a.
The existing use on the property may be any permitted use in the applicable district and need not be affiliated with the communications tower.
b.
Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the communications tower and guy wires, the equipment building, security fence, and buffer planting if the proposed communications towers is greater than 40 feet in height.
c.
Minimum Setbacks. The minimum distance between the base of a communications tower and any adjoining property line or street right-of-way line shall be equal to 100 percent of the height of the communications tower. Further, the tower, fence, guy wires and other structures and appurtenances must meet all setback, bulk, and lot regulations. The underlying lot must be large enough to accommodate related equipment, storm water runoff mechanisms, and all other features typically found within the immediate area of a communications tower.
(b)
Design Regulations.
(i)
The communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to the approval of the city zoning hearing board.
(ii)
To the extent permissible by law, any height extensions to an existing communications tower shall require prior approval of the city.
(iii)
Any proposed communications tower shall be designed structurally, electrically, and in all respects, to accommodate both the applicant's communications antennas and comparable communications antennas, for the maximum amount of future users based on the size of the proposed communications tower.
(iv)
Any communications tower over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
(c)
Surrounding Environs.
(i)
The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the communications tower shall be preserved to the maximum extent possible.
(ii)
The applicant shall submit a soil report to the city complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the communications tower, and anchors for guy wires, if used.
(d)
Fence/Screen.
(i)
A security fence with a maximum height of eight feet shall completely surround any communications tower greater than 40 feet in height, as well as guy wires, or any building housing related equipment.
(ii)
The applicant shall comply with the requirements for buffer yards and screening as required by the city zoning code.
(e)
Related Equipment.
(i)
Ground-mounted related equipment associated to, or connected with, a communications tower shall be placed underground or screened from public view using stealth technologies, as described herein.
(ii)
All related equipment shall be architecturally designed to blend into the environment in which it is situated and shall meet the minimum setback requirements of the underlying zoning district.
(f)
Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to communications towers. The access road shall be a dust-free all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the communications tower owner shall present documentation to the city that the property owner has granted an easement for the proposed facility.
(g)
Parking. For each communications tower greater than 40 feet in height, there shall be two off-street parking spaces.
(h)
Inspection. The city reserves the right to inspect any communications tower to ensure compliance with the zoning Code and any other provisions found within the city code or state or federal law. The city and/or its agents shall have the authority to enter the property upon which a communications tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(3)
In addition to the regulations enumerated in Subsection (B)(1), the following regulations shall apply to communications towers located in the public rights-of-way.
(a)
Location and Development Standards.
(i)
Communications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two-block radius of the proposed facility. Communications towers are prohibited in areas in which all utilities are located underground.
(ii)
Communications towers shall not be located in the front facade area of any structure.
(b)
Time, Place and Manner. The city shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the city and the requirements of the Public Utility Code.
(c)
Equipment Location. Communications towers and related equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the city. In addition:
(i)
Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
(ii)
Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the city zoning hearing board.
(iii)
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the city zoning hearing board.
(iv)
Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.
(v)
Any underground vaults related to communications towers shall be reviewed and approved by the city zoning hearing board.
(d)
Design Regulations.
(i)
The communications 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 city zoning hearing board.
(ii)
Communications towers in the public ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two block radius of the proposed facility.
(iii)
To the extent permissible under state and federal law, any height extensions to an existing communications tower shall require prior approval of the city and shall not violate the provisions described herein.
(iv)
Any proposed communications towers shall be designed structurally, electrically, and in all respects to accommodate both the applicant's communications antennas and comparable communications antennas the maximum amount of future users based on the size of the proposed communications tower.
(e)
Relocation or Removal of Facilities. Within 60 days following written notice from the city, or such longer period as the city determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a communications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower when the city, 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:
(i)
The construction, repair, maintenance or installation of any city or other public improvement in the right-of-way;
(ii)
The operations of the city or other governmental entity in the right-of-way;
(iii)
Vacation of a street or road or the release of a utility easement; or
(iv)
An emergency as determined by the city.
(f)
Reimbursement for ROW Use. In addition to permit fees as described in this section, every communications tower in the ROW is subject to the city'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 city'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 city. The owner of each communications tower shall pay an annual fee to the city to compensate the city for the city's costs incurred in connection with the activities described above.
(C)
Miscellaneous.
(1)
Police Powers. The city, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen or impair the lawful police powers vested in the city under applicable federal, state and local laws and regulations.
(2)
Severability. Should any section, part of provision of this zoning code be declared by appropriate authority to be unlawful or unconstitutional, all other terms, conditions, provisions and parts hereof, and of any code of which this zoning code may be or may be considered to be part, shall continue in full force and effect as if the provision declared to be unlawful or unconstitutional had been omitted as of the date of final enactment hereof.
§ 1306.27 Wind energy facilities.
[2-6-2024 by Ord. No. 3821]
Wind energy facilities shall be permitted as allowed by this section.
(A) "Affected landowner" "Applicant" "Commercial-scale wind energy facility" "Facility owner" "Hub height" "Nonparticipating landowner" "Occupied building" "Operator" "Small wind energy facility" "Turbine height" "Wind energy facility" "Wind turbine"
Definitions.
means any landowner whose land may be affected by the placement, noise or shadow flicker of a wind energy facility.
is the person or entity filing an application under this section.
means a wind energy facility consisting of one or more wind turbines, towers, and associated controls and conversion electronics which has a rated capacity of greater than 100 kilowatts.
means the entity or entities having an equity interest in the wind energy facility, including their respective successors and assigns.
means the distance measured from the surface of the tower foundation to the height of the wind turbine hub, to which the blade is attached.
means any landowner except those on whose property all or a portion of a wind energy facility is located pursuant to an agreement with the facility owner or operator.
means a residence, school, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.
means the entity responsible for the day-to-day operation and maintenance of the wind energy facility.
means a wind energy facility consisting of a wind turbine, a tower, and associated control and conversion electronics which has a rated capacity of no more than 100 kilowatts and which is designed and used to generate power to serve to offset utility costs of a building located on the lot on which said device is situated or abutting lots. It shall be permitted only as an accessory use.
means the distance measured from the surface of the tower foundation to the highest point of the turbine rotor plane.
means an electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
means a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any.
(B)
Applicability. This section applies to all wind energy facilities proposed to be constructed after the effective date of zoning code.
(C)
Zoning Districts. A commercial-scale wind energy facility shall be allowed as a special exception in the EDC zoning district if it meets all requirements of this section and of general standards for special exception.
(1)
A small wind energy facility shall be permitted as a special exception as an accessory use only in any zoning district if it meets all requirements of this section and of general standards for special exception.
(D)
Permit Requirement. No wind energy facility, or addition of a wind turbine to an existing wind energy facility, shall be constructed or located in the city unless a permit has been issued to the facility owner or operator approving construction of the facility under this section.
(E)
Permit Application. The permit application shall contain the following:
(1)
A narrative describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.
(2)
Identification of the properties on which the proposed wind energy facility will be located.
(3)
A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substation(s), electrical cabling from the wind energy facility to the substation(s), ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and layout of all structures within the geographical boundaries of any applicable setback.
(4)
Documents related to decommissioning.
(5)
Evidence that the electric utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
(6)
Any public road rights-of-way that are contiguous with the property and all utility lines or easements.
(7)
Other relevant studies, reports, certifications and approvals as may be reasonably requested to ensure compliance with this zoning code.
(F)
Design and Installation.
(1)
Uniform Construction Code. To the extent applicable, the wind energy facility shall comply with the Pennsylvania Uniform Construction Code.
(2)
All wind turbines shall be equipped with controls to limit the rotational speed of the rotor within the design limits of the turbine.
(3)
Visual Appearance; Power Lines. Wind turbines shall be a non-obtrusive color such as white, off-white or gray. Wind energy facilities shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety. Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator. The name and telephone number of the current contact person in the event of an emergency shall be posted at the site at all times. On-site transmission and power lines between wind turbines shall, to the maximum extent practicable, be placed underground.
(4)
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(5)
Climb Prevention/Locks. Wind turbines shall not be climbable up to 15 feet above ground surface. All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(G)
Setbacks and Height Restrictions.
(1)
Wind turbines shall be set back from the nearest occupied building a distance not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building. All wind turbines shall be set back from the nearest property line a distance of not less than the normal setback requirements for that zoning classification or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base. The maximum height of a commercial-scale wind energy system shall be 400 feet or as limited by the Federal Aviation Administration, whichever is less. The maximum height of a small wind energy system shall be 160 feet. The total height shall include the height of any structure that a tower or pole is mounted on if it is not mounted directly at ground level.
(2)
Waiver of Setbacks. Affected landowners may waive the setback requirements by signing a waiver that sets forth the applicable setback provision(s) and the proposed changes. The written waiver shall notify the affected landowner(s) of the setback required by this section, describe how the proposed wind energy facility is not in compliance, and state that consent is granted for the wind energy facility to not be setback as required by this section. Any such waiver shall be recorded in the Crawford County Recorder of Deeds Office. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of setback shall run with the land and may forever burden the subject property. Upon application, the city may waive the setback requirement for public roads for good cause.
(H)
Local Emergency Services. The applicant shall provide a copy of the project summary and site plan to local emergency services, including the fire department. Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the wind energy facility.
(I)
Noise and Shadow Flicker.
(1)
Audible sound from a wind energy facility shall not exceed 55 dBA, as measured at the exterior of any occupied building on a nonparticipating landowner's property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in AWEA Standard 2.1 - 1989 titled Procedures for the Measurement and Reporting of Acoustic Emissions from wind turbine Generation Systems Volume I: First Tier. The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a nonparticipating landowner's property.
(2)
Waiver of Noise and Shadow Flicker Provisions. Affected landowners may waive the noise and shadow flicker provisions of this section by signing a waiver of their rights. The written waiver shall notify the affected landowner(s) of the sound or flicker limits in this section, describe the impact on the property owner(s), and state that the consent is granted for the wind energy facility to not comply with the sound or flicker limit in this section. Any such waiver shall be recorded in the Crawford County Recorder of Deeds Office. The waiver shall describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of sound or flicker limit shall run with the land and may forever burden the subject property.
(J)
Signal Interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the wind energy facility.
(K)
Liability Insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Certificates shall be made available to the city upon request.
(L)
Decommissioning. The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of its useful life if no electricity is generated for a continuous period of 12 months. Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, and any other associated facilities. Disturbed earth shall be graded and reseeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored and shows good cause. If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed herein, then the city may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the city shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the city may take such action as necessary to implement the decommissioning plan.
(M)
Public Inquiries and Complaints. The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints and shall respond fully to all inquiries and complaints by the city.