West Conshohocken City Zoning Code
ARTICLE XXIV
Satellite Dishes and Antennas
§ 113-174 Applicability.
The following provisions apply to all satellite dishes, antennas, antenna support structures, and cellular communications towers.
§ 113-175 Purposes.
The purposes of this article are:
A.
To accommodate the need for satellite dishes, antennas and cellular communications towers while regulating their location and number in the Borough.
B.
To minimize adverse visual effects of satellite dishes, antennas and antenna support structures through proper design, siting and vegetative screening.
C.
To avoid potential damage to persons and adjacent properties from satellite dish and antenna support structure failure and falling ice through engineering and proper siting of satellite dishes and antenna support structures.
D.
The encourage the joint use of any new antenna support structures; to reduce the number of such structures needed in the future.
E.
To limit potential exposure to or interference from nonionizing electromagnetic radiation emitted from satellite dishes or antennas.
§ 113-176 Permitted uses.
A.
A noncommercial satellite dish (hereinafter referred to as a "dish") or other antenna is permitted in any zoning district, according to the provisions of §§ 113-177 and 113-180. Only a private noncommercial radio and television antenna or dish is permitted and only as an accessory use to the primary use on the lot. Private noncommercial uses include dishes and antennas for home use, ham radio, citizen band (CB) radio, and two-way or one-way radio for public safety. Fixed point microwaves used by telephone or other companies, two-way radio from base-to-land mobile antennas (such as radio dispatched taxis), commercial AM and FM radio antennas, commercial UHF and VHF television antennas, and cellular communications antennas are specifically excluded. No dish or antenna may be commercial purposes if it is located in a residential district.
B.
A satellite dish or antenna for commercial purposes is permitted only in the HI Heavy Industrial, LI Limited Industrial, O Office, O-1 Office, LC Limited Commercial, and IB Interchange Business Districts, according to the provisions of §§ 113-178 and 113-180. Commercial dishes and antennas include, but are not limited to, the following: fixed point microwaves used by telephone or other companies; two-way radio from base-to-land mobile antennas (such as radio dispatched taxis); commercial AM and FM radio antennas; commercial UHF and VHF television antennas; and antennas and dishes used for restaurants, offices, industries, or other business. Cellular communications antennas are specifically excluded.
C.
Cellular communications towers are permitted according to the provisions of §§ 113-179 and 113-180 as well as the following:
(1)
A cell site with antenna that is attached to an existing communications tower, smoke stack, water tower, or other tall structure is permitted in any zoning district. The height of the antenna shall not exceed the height of the existing structure by more than 15 feet. If the antenna is to be mounted on an existing structure, a site plan shall not be required.
(2)
A cell site with antenna that is either not mounted on an existing structure, or is more than 15 feet higher than the structure on which it is mounted is permitted in any zoning district but requires a conditional use in all districts except for the HI Heavy Industrial and LI Limited Industrial Districts, and a site plan shall be required.
(3)
All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site unless otherwise permitted in the zoning district in which the cell site is located.
§ 113-177 Standards for private, noncommercial satellite dishes and antennas.
A.
No dish or antenna shall be located in the front yard setback in any district. If ground-mounted, the dish or antenna shall be located in the side or rear yard of the lot. If roof-mounted, the dish or antenna shall be located on the rear portion of the building. In general, the dish or antenna shall be installed in the location that will best shield the view of the dish or antenna from the street or from neighboring properties.
B.
No dish or antenna shall be permitted within that portion of a yard required to be a landscaped buffer area by any provision of this article.
C.
When ground-mounted, the dish or antenna shall be screened from public streets or adjoining residential districts or uses by the installation of a fence or by planting evergreen trees or shrubs which are the height of the dish or antenna when planted and which will form a complete visual barrier.
D.
No dish shall not exceed 12 feet in diameter. No roof-mounted dish shall project more than eight feet from the roof. No ground-mounted dish shall exceed 12 feet in height.
E.
No more than one dish shall be permitted on any lot. If more than one antenna is required, it shall be placed on a shared tower with other antennas.
§ 113-178 Standards for commercial satellite dishes and antennas.
A.
The dish or antenna shall be installed in the location that will be best shield the view of the dish or antenna from the street or from neighboring properties.
B.
No dish or antenna shall be permitted within that portion of a yard required to be a landscaped buffer area by any provision of this article.
C.
When ground-mounted, the dish or antenna shall be screened from public streets or adjoining residential districts or uses by the installation of a fence or by planting evergreen trees or shrubs which are the height of the dish or antenna when planted or six feet (whichever is lower) and which will form a complete visual barrier.
§ 113-179 Standards for cellular communications antennas.
A.
The cellular communications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system.
B.
If the cellular communications company proposes to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter-mile radius of the site proposed, asked for permission to install the antennas on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other cellular communications companies, other communications towers (fire, police, etc.), and other tall structures. The Borough may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
C.
Shared use. In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other cellular communication companies and local police, fire, and ambulance companies.
§ 113-180 Standards for all satellite dishes, antennas, and cellular communications towers.
A.
Height. Dishes, antennas and towers shall be the minimum height needed to function satisfactorily. No dish, antenna or tower that is taller than this minimum height shall be approved.
B.
Setbacks.
(1)
Setbacks for all satellite dishes and antennas.
(a)
If the satellite dish or antenna is mounted on the ground, the building setbacks required by the underlying zoning districts shall apply, except that in no case shall the setback be less than five feet.
(b)
If the satellite dish or antenna is mounted on a roof, it shall be no less than five feet from any property line or party wall.
(2)
Setbacks for all cellular communications towers permitted under § 113-176C(2) shall be the largest of the following:
C.
Antenna and support structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. When required by the Borough, all support structures shall be fitted with anti-climbing devices, as approved by the manufacturers.
D.
Fencing. A fence shall be required around the antenna support structure and other equipment unless the antenna is mounted on an existing structure. The fence shall be a maximum of eight feet in height. This requirement shall apply to all antennas, satellite dishes and cellular communications towers that are mounted on the ground and meet either of the following criteria:
E.
Landscaping.
(1)
All antennas and satellite dishes that are mounted on the ground and are more than six feet in height or diameter shall be landscaped using one of the following methods:
(a)
Evergreen or deciduous shrubs. Shrubs shall be placed three feet on center in a minimum five-foot-wide bed surrounding the antenna or satellite dish arranged to provide a continuous hedge-like screen at a minimum height of 3 1/2 feet at maturity.
(b)
Opaque fence with ornamental trees and shrubs. A six-foot opaque fence surrounding site element on at least three sides with additional plantings at the minimum rate of three shrubs and two ornamental trees or large shrubs for each 10 linear feet of proposed fence, arranged formally or informally next to fence.
(2)
All cellular communications towers permitted under § 113-176C(2) shall be landscaped according to the provisions of the Borough Subdivision and Land Development Ordinance.[1]
(3)
Existing healthy trees, shrubs, or woodlands may be substituted for part or all of the required landscaping at the discretion of Borough Council. The minimum quantities and/or visual effect of the existing vegetation shall be equal to or exceed that of the required buffer.
(4)
No plantings shall impede the function of the antenna, satellite dish, or cellular communications towers.
F.
Required parking. If the antenna, tower or cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.
G.
Painting and lighting. Antenna support structures under 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. No antenna support structure may be artificially lighted except when required by the FAA.
H.
Licensing. The applicant must be licensed by the Federal Communications Commission.
I.
Borough identification. An identification tag with the Borough permit number shall be attached to all antennas, towers, and dishes.
J.
Advertising. No advertising shall be affixed to any dish, antenna or tower.
K.
Site plan. When required, the site plan shall show the following information:
(1)
Property lines, building setbacks required by the Borough Zoning Ordinance, zoning district(s) of all adjacent lots, and areas subject to easements and deed restrictions.
(2)
Existing buildings and other structures, streets, sidewalks, parking areas, and large trees.
(3)
The proposed antenna or satellite dish, including any proposed fencing, guy lines, landscaping, or other related features.
(4)
Any other information deemed necessary by Borough Council.
(5)
Site plans for all cellular communications towers permitted under § 113-176C(2) shall comply with the provisions of the Borough Subdivision and Land Development Ordinance.[2]
§ 113-181 Definitions.
For the purposes of this article, the following definitions shall apply:
A use subordinate to the principal use of land or a building or other structure on a lot and customarily incidental thereto.
The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height. If the antenna or satellite dish is mounted on the roof of a house or other building, the height shall be measured from the peak of the roof to the top of the antenna or satellite dish.
Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
A tract or parcel of land that contains the cellular communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with and ancillary to cellular communication transmission.
A structure consisting of three main components [the concave dish, a low-noise amplifier (LNA), and a receiver] that is designed to receive television broadcasts relayed by microwave signals from communications satellites orbiting earth. Satellite dish antennas serve only the needs of the occupants of a single building or a single development, except when used as a master dish for a cable television franchise.
A structure principally intended to transmit or receive broadcast signals [monitoring electromagnetic radiation (NIER)] for either private communications for the users of the site of the source or for use by the general population, on or off site. Accessory facilities include transmitting and other equipment needed to send or receive transmissions, but does not include offices, long-term vehicle storage, other outdoor storage or broadcast studios, except for emergency purposes.