West View City Zoning Code
ARTICLE V
Use Regulations
§ 290-15 Residential uses.
A.
Single-family detached:
(1)
Parking: two off-street spaces per dwelling unit, provided at least one parking space shall be in a garage.
B.
Two-family:
(1)
Parking: two off-street spaces per dwelling unit, provided at least one parking space shall be in a garage.
D.
Apartment:
(1)
Each unit shares with other units a common yard area which is the sum of the required lot areas of all dwelling units within the building(s).
(2)
A penthouse is permitted in the R-3 District, located above the uppermost story of a building, which structure is not in excess of 14 feet in height and which contains an area not in excess of 80% of the total area of the floor below. This structure may or may not have dwelling units therein, and the height of the same shall not be included in computing the allowable height of the entire building, if restricted.
(3)
Parking: 1.5 off-street spaces for two-bedroom units or less, two off-street spaces for three-bedroom or more units.
E.
Conversion:
(1)
All exterior structural changes are subject to the approval of the West View Town Council.
(2)
Stairways leading to the second or any higher floor shall be located within the walls of the building wherever practical, and stairways and fire escapes shall otherwise be located on the rear wall in preference to either side wall and in no case on a front wall or side wall facing a street.
(3)
Minimum lot area per dwelling unit is 2,000 square feet. Yard requirements are applicable upon conversion of the structure. Maximum height of the structure shall not exceed the requirements of the district.
(4)
Parking: 1.5 off-street parking spaces per dwelling unit, with maximum of two parking spaces in front yard.
G.
Boardinghouse:
(1)
A dwelling used for the housing of boarders, roomers or lodgers with or without common eating facilities, including fraternity, sorority, or other buildings of charitable, educational, or philanthropic institution, subject to the following provisions:
(2)
Parking: one off-street space per sleeping room.
§ 290-16 Institutional and recreational uses.
A.
Place of worship. Place of religious worship, provided that the following requirements are met:
(1)
Provide safe and adequate traffic flow.
(2)
Provide adequate ingress and egress of pedestrian flow.
(3)
Prohibit glare due to site lighting.
(4)
Provide buffering in conformance with the provisions of this chapter.
(5)
Parking: one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 25 square feet of gross floor area used or intended to be used for service to patrons, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee. In determining the total number of off-street parking spaces for any church, the following parking spaces shall qualify as available off-street parking spaces:
(a)
Any parking space on a lot or lots occupied by the church building or accessory church building.
(b)
Any parking space in public parking areas in the vicinity of the church, the owner thereof having consented to such use by the members of the church and which space is customarily unoccupied during the hours of worship.
(c)
Any parking space in public parking areas of public parking garages operated by a governmental agency in the vicinity of the church.
B.
School.
(1)
In all districts access to a primary street is required.
(2)
The use must meet the following requirements:
(3)
Parking.
(a)
Elementary school: one off-street parking space for each faculty member and employee, plus one space per two classrooms and offices.
(b)
Junior high school: one off-street parking space for each faculty member and employee plus 1 1/2 spaces per two classrooms and offices.
(c)
Senior high school: one off-street parking space per faculty member and employee, plus three spaces per 10 students of projected building capacity.
(d)
College and junior college: one off-street parking space per faculty member and employee, plus three spaces for each 10 classroom seats, or three off-street parking spaces for each 10 auditorium seats, whichever requires the greater number of off-street parking spaces.
(4)
In any R-1 District, upon the cessation of the public use of public school building, or other public building, the following uses, all of which are classified as conditional uses, shall be permitted or denied after review and recommendation by the West View Planning Commission, and after review and approval by the Town Council:
(a)
"Office buildings" which shall mean a building designed or primarily used for office purpose, no part of which is used for manufacturing or a dwelling other than sleeping quarters for a watchman or custodian.
(b)
Private school (including but not limited to trade, general, special education, vocational, a vocational and business).
(c)
Parks or playgrounds.
(d)
Public library or other public building.
(e)
Day-care center.
(f)
Townhouse dwelling.
(g)
Multifamily dwelling having a four-story maximum.
(h)
Mini-mall (self-enclosed shopping center, including outlets for clothing, apparel and clothing accessories, furniture, home furnishings, eating establishments, sporting goods, drugs, specialty food shops, paint stores, electrical supplies, variety shops, department stores, bakeries, dairy product stores, household appliances, and similar retail or general commercial outlets).
(i)
A diagnostic laboratory in an area of the building which is equipped and utilized to evaluate metabolic mediums such as blood, blood levels, urine specimens, culture mediums, and the like for the purpose of aiding physicians, hospitals, and other medical care facilities in the diagnosis of a patient's health.
(j)
Personal care residence for the elderly which shall consist of separate or semiprivate living facilities for persons 55 years of age and older who require living assistance, which living facilities, however, shall provide no private cooking facilities, but the use shall include dining halls where such residents can take their meals.
(5)
In any C-1 District, upon the cessation of the public use of a public school building, or other public building, the public uses, all of which are classified as conditional uses shall be permitted or denied after review and recommendation by the West View Borough Planning Commission and after review and approval by the Town Council:
(a)
"Office building" shall mean a building designed or primarily used for office purpose, no part of which is used for manufacturing or a dwelling other than sleeping quarters for a watchman or custodian; no retail sales shall be permitted from the premises.
(b)
Private school (including but not limited to trade, general, special education, vocational, a vocational and business).
(c)
Parks or playgrounds.
(d)
Public library or other public use.
(e)
Day-care center.
D.
Library or museum:
E.
Community center:
(1)
Community center, adult education center or other similar facility operated by an educational, philanthropic or religious institution. The use must meet the following requirements:
(a)
The use shall not be conducted as a private gainful business.
(b)
No outdoor recreation area shall be located nearer to any lot line than the required front yard depth.
(c)
Provide the safe and adequate traffic flow.
(d)
Prohibit glare due to site lighting.
(e)
Provide sufficient screening for outdoor play areas to protect the neighborhood from inappropriate noise and other disturbance.
(f)
Provide fencing to control pedestrian ingress and egress.
(g)
In all districts, access to a collector street is required.
(2)
Parking: one off-street parking space for each four seats provided for patron use or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.
F.
Day-care facility:
(1)
In Residential District R-1, the use shall be conducted in a building designed as a single-family detached residence or in a structure used for religious purposes.
(a)
Day care in a single-family detached residence shall be limited to seven or less persons, including persons under care related to the operator.
(b)
Day care in a structure used for religious purposes shall be limited to no more than one person per 50 gross feet of area used or intended for use in the care of persons attending the care facility.
(2)
In Residential Districts R-3 and Commercial Districts C-1 the use shall be conducted in structures used for religious purposes or in areas of other structures not used for residential use. Day care in both instances shall be limited to no more than one person per 50 gross feet of area or intended to be used in the care of persons attending the day-care facility.
(a)
Outdoor play areas shall be screened and enclosed with fencing, as seen necessary by the Town Council, so as to protect the neighborhood from inappropriate noise and other disturbance.
(b)
The minimum lot size shall be 10,000 square feet unless the facility is for the care of four or less children.
(3)
Parking: at least one off-street space for each teacher, administrator and maintenance employee.
G.
Group home:
(1)
The exterior of the structure shall appear as a single-family dwelling.
(2)
No group home shall be located within 1,000 feet of another group home, measured property line to property line.
(3)
Parking: two off-street spaces per dwelling unit, provided at least one parking space shall be in a garage.
H.
Group care facility:
(1)
The minimum area and bulk regulations shall be the same as those required in this chapter for the district in which the facility is located.
(2)
No group care facility shall be located within 1,000 feet of another group care facility or a personal care boarding home, measured property line to property line.
(3)
Adequate provisions shall be made for access for emergency medical and fire vehicles.
(4)
The site proposed shall have frontage on and direct vehicular access to an artery or collector street, as defined by this chapter.
(5)
Twenty-four hour supervisions shall be provided by staff qualified by the sponsoring agency.
(6)
Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs, and the area shall be secured by a security fence with a self-latching gate.
(7)
Where applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy. A copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
(8)
Parking: one off-street parking space for each employee on peak shift, plus one off-street parking space per resident authorized to drive, plus two off-street parking space for each six beds.
I.
Personal care boarding home:
(1)
The minimum area and bulk regulations shall be the same as those required in this chapter for the district in which the facility is located.
(2)
No personal care boarding home shall be located within 1,000 feet of another personal care boarding home or a group care facility, measured property line to property line.
(3)
Adequate provisions shall be made for access for emergency medical and fire vehicles.
(4)
Twenty-four hour supervisions shall be provided by staff qualified by the sponsoring agency.
(5)
Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs and the area shall be secured by a security fence with a self-latching gate.
(6)
Where applicable, certification or licensing by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy. A copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
(7)
Parking: one off-street parking space for each employee on peak shift, plus one off-street parking space per resident authorized to drive, plus two off-street parking space for each six beds.
J.
Health care campus with ancillary retail:
(1)
The minimum site area for a health care campus shall be 20 acres.
(2)
A health care campus shall be permitted to have one freestanding sign for every 20 acres located within the health care campus and two ground signs per building subject to the requirements of Article VI of this chapter.
(3)
The total square footage of the ancillary retail permitted in conjunction with a health care campus (exclusive of ancillary retail located in health care campus hotels) shall be subject to the limitations set forth in the following schedule:
Total Square Footage of Buildings Located on the Health Care Campus | Maximum Square Footage of all Ancillary Retail Permitted on the Health Care Campus Site | |
|---|---|---|
Less than 500,000 square feet | 10% of total square footage of all buildings | |
500,001 to 1,000,000 square feet | The greater of 50,000 square feet or 9% of the total square footage of all buildings | |
1,000,001 to 1,500,000 square feet | The greater of 120,000 square feet or 7% of the total square footage of all buildings | |
1,500,001 to 2,500,000 square feet | The greater of 140,000 square feet or 6% of the total square footage of all buildings | |
Greater than 2,500,000 square feet | The greater of 150,000 square feet or 5% of the total square footage of all buildings |
(4)
The total square footage of ancillary retail which is located in freestanding buildings which do not house a permitted health care campus use shall not exceed 1% of the total square footage of all buildings located on the health care campus site.
K.
Hospital:
(1)
A hospital is subject to the following additional provisions:
(a)
Provide adequate facilities for passenger loading and unloading in accordance with this chapter;
(b)
Provide safe and adequate traffic flow;
(c)
Prohibit glare due to site lighting;
(d)
Provide adequate ingress and egress of pedestrian flow;
(e)
Provide buffering in conformance with the provisions of this chapter.
(2)
Parking: 1 1/2 off-street parking spaces per inpatient bed or one off-street parking space per 600 square feet of gross floor area (excluding mechanical and storage space), whichever is greater.
L.
Nursing home:
(1)
The minimum site area for a nursing home shall be one acre.
(2)
The nursing home must be licensed by the Commonwealth of Pennsylvania. Proof of this license is required.
(3)
Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.
(4)
Nursing homes shall have a bed capacity of at least 20 beds but no more than 200 beds.
(5)
Provide sufficient screening so as to protect surrounding uses from inappropriate noise and other disturbance.
(6)
Parking: one off-street parking space per three beds and one off-street parking space for each employee on the peak working shift.
M.
Cemetery:
(1)
A burial place or graveyard, including mausoleum, crematory or columbarium subject to the following additional provision:
(a)
Provide safe and adequate ingress and egress of traffic flow.
(2)
Parking: one off-street parking space for each employee and one off-street space for each four visitors in total capacity of mausoleum, crematory or columbarium.
N.
Public recreational facility:
(1)
Recreational facility or park owned or operated by the Borough or other governmental agency.
(3)
Parking: The number of off-street parking spaces shall be dependent upon the specific uses of the facility, including but not limited to:
(a)
One off-street space per every four seats in assembly room.
(b)
One off-street space per every 300 gross square feet of a social or community room.
(c)
One and one-half spaces per playing court.
(d)
One space per 100 square feet of gross floor area in eating areas of the facility.
(e)
Five spaces per lane for bowling alleys.
(f)
One space for every three spectator seats or per 1,000 square feet of developed area, at any kind of sports field, including but not limited to soccer fields, baseball fields, football fields, and multipurpose fields.
(g)
One space per every two employees on largest shift.
(h)
Applicant shall be responsible for demonstrating to the Building Inspector adequate spaces for specific facility uses.
O.
Private recreational facility:
(1)
A recreational facility owned or operated by a nongovernmental agency, subject to the following additional provisions:
(a)
Provide safe and adequate traffic flow;
(b)
No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth;
(c)
Provide sufficient screening so as to protect the neighborhood from inappropriate noise and other disturbance;
(d)
Provide fencing to control pedestrian ingress and egress.
(2)
Parking: The number of off-street parking spaces shall be required dependent upon the specific uses of the facility, including but not limited to:
(a)
One off-street space per every four seats in assembly room.
(b)
One off-street space per every 300 gross square feet of a social or community room.
(c)
One and one-half spaces per playing court.
(d)
One space per 100 square feet of gross floor area in eating areas of the facility.
(e)
Five spaces per lane for bowling alleys.
(f)
One space per every two employees on largest shift.
(g)
Applicant shall be responsible for demonstrating to the Building Inspector adequate spaces for specific facility uses.
P.
Golf course:
(1)
Golf course (not including miniature golf course), including club house, restaurant and other accessory uses, provided these are clearly accessory to the golf course, subject to the following additional provisions:
(2)
Parking: three off-street parking spaces for each hole. An additional requirement for club house, restaurant and other recreational uses shall be 50% of the requirements of that specific use.
Q.
Private club:
(1)
Private club or lodge other than private recreational facility, as defined herein, subject to the following additional provisions:
(a)
Shall be for members and their authorized guests only;
(b)
Provide safe and adequate traffic flow;
(c)
No outdoor active recreation area shall be located nearer to any lot line than the required front yard depth;
(d)
Provide sufficient screening so as to protect the neighborhood from inappropriate noise and other disturbance;
(e)
Provide fencing to control pedestrian ingress and egress.
(2)
Parking: one off-street parking space for every five members of total membership or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests, or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.
R.
Emergency service and municipal facility:
(1)
Fire, ambulance, rescue and other emergency service and government buildings of a municipal or volunteer nature on parcels with a minimum size of one acre.
(3)
Public recreational facilities shall be an authorized accessory use to an emergency service and municipal facility, provided all conditions for a public recreational facility as provided in this chapter are met.
(4)
Community centers shall be an authorized accessory use to an emergency service and municipal facility, provided all conditions for a community center as provided in this chapter are met.
(5)
Parking: one off-street parking space for the maximum number of employees and/or volunteer staff who are working at any one time. In addition, one off-street space for every four seats in assembly room.
S.
Fraternal organization meeting facility:
(1)
Minimum lot size: 15 acres.
(2)
If not located in a C Zoning District, the property must be located within 100 linear feet of other property within a C Zoning District classification.
(3)
Buildings erected on the property may not be located closer than 300 linear feet from any building used as a one- or two-family residential dwelling.
(4)
The property must have 500 feet of frontage on an arterial street and primary access to the property shall not abut property zoned R-1 Residential.
(6)
Building height shall not exceed 40 feet; provided, however, that flagpoles, fire towers, elevator bulkheads, ornamental spires, stage towers and scenery lofts, mechanical towers and similar structural elements may exceed that building height limit, but in no event shall exceed 60 feet in height.
(7)
Parking: one off-street parking space for every 200 gross square feet of building floor area, or one parking space for every three auditorium seats, whichever calculation requires the greater number of off-street parking spaces, plus one additional parking space for each full-time employee.
§ 290-17 Office uses.
§ 290-18 Retail and consumer service uses.
A.
Retail shops and stores selling apparel, books, confections, drugs, dry goods, flowers, foodstuffs, furniture, gifts, hardware, toys, household appliances, jewelry, notions, periodicals, shoes, stationery, tobacco, paint, records, cards, novelties, hobby and art supplies, music, luggage, sporting goods, pets, floor covering, garden supplies, and fabrics, provided all products produced on the premises are sold on the premises at retail. Also included within this use shall be the sale of soft drinks, beer, alcoholic beverages in sealed containers not for consumption on premises.
(1)
Any establishment which furnishes cars or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of carts. Each designed storage area shall be clearly marked for storage of shopping carts.
(2)
Parking: one off-street parking space for each 200 square feet of gross area used or intended to be used for servicing customers, plus one additional space for each full-time employee.
B.
Service business:
(1)
Including, but not limited to, barber, beautician, laundry and dry cleaning, shoe repair, tailor, photographer, travel agency, and copying services.
(2)
Parking: one off-street parking space for each 200 square feet of gross area used or intended to be used for servicing customers, plus one additional space for every one full-time employee. For barbershop and beauty parlor, there shall be one off-street parking space per barber/beautician chair, plus one off-street parking space per waiting B chair.
E.
Eating place:
(1)
Provide adequate and safe ingress and egress.
(2)
If the eating place offers an outdoor eating area, the use shall provide sufficient screening so as to protect the neighborhood from inappropriate noise and other disturbance.
(3)
Parking: The parking requirements shall be calculated as indicated below. Any outdoor eating areas shall be included with the gross floor square footage.
F.
Repair shop:
(1)
Repair shop for appliances, small engines, outboard motors, go-carts, motorcycles, mopeds, bicycles, guns, locks, and small business machines. Motorcycle and moped inspection shall be allowed.
(2)
Outdoor storage and displays shall conform to the provisions of this chapter.
(3)
Parking: one off-street parking space for each 300 square feet of gross floor area, plus one additional space for each full-time employee.
G.
Upholsterer/cabinet maker:
(1)
Parking: one off-street parking space for each 300 square feet of gross floor area, plus one additional space for each full-time employee.
H.
Funeral home/mortuary:
(2)
Parking: one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used as a chapel and viewing rooms, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.
I.
Motel-hotel:
(1)
Motel, hotel: a building or group of buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent.
(3)
Parking: one off-street parking space for each rental room or suite, plus one additional off-street parking space for each full-time employee.
(4)
In addition, if a restaurant is part of the motel-hotel, one off-street parking space for each 50 square feet of total floor area; plus one additional off-street parking space for each full-time employee on maximum shift.
J.
Bed-and-breakfast:
(1)
Parking: one off-street parking space for each guest room and two off-street parking spaces for the owner of the facility.
K.
Entertainment:
(1)
Entertainment and recreation facilities operated as a gainful business within a building.
(3)
Parking: one off-street parking space for each four seats provided for patron use, or at least one off-street parking space for each 50 square feet of gross floor area used or intended to be used for service to customers, patrons, clients, guests or members, whichever requires the greater number of off-street parking spaces, plus one additional space for each full-time employee.
L.
Tavern:
(1)
Provide adequate and safe ingress and egress.
(2)
Provide safe and adequate traffic flow.
(3)
Prohibit glare due to site lighting.
(4)
Tavern uses shall not conduct business between the hours of 2:00 a.m. and 6:00 a.m. at locations within 500 feet of a residential district.
(5)
If the tavern offers an outdoor area for patrons, the area shall provide buffering in accordance with this chapter.
(a)
Buffering requirements for Commercial C-1 District shall be met when the tavern is situated adjacent to a residential use(s).
(6)
Parking: one off-street parking space for each 50 square feet of total floor area, plus one additional off-street parking space for each full-time employee.
M.
Veterinary:
(1)
Office of a veterinarian with accessory animal kennel. In no event shall animal kennels be allowed as a primary use.
(2)
In the C-1 Districts all activities must be within an enclosed building.
(3)
Parking: three off-street parking spaces for each doctor plus one space for each full-time employee.
N.
Vehicle service and gasoline station:
(1)
Minimum lot width of not less than 200 feet shall be provided along each street on which the lot abuts;
(2)
All activities except those to be performed at the fuel dispensers shall be performed within a completely enclosed building;
(3)
Fuel dispensers shall be at least 25 feet from any street right-of-way;
(4)
All automobile parts and similar articles shall be stored within a building;
(5)
Lubrication, oil changes, tire changes, and repairs shall be permitted only if entirely enclosed within a building;
(6)
A canopy over the fuel dispensers shall be permitted, provided that:
(7)
A fully automated car wash shall be an authorized accessory use to a vehicle service station, provided:
(a)
The car wash is incidental to the primary use of the service station;
(b)
The car wash is set back at least 25 feet from any street right-of-way;
(c)
No variances shall be permitted to allow an accessory car wash.
(d)
The car wash shall be fully automated. No self-service car washes shall be permitted as an accessory use.
(e)
A minimum of four queuing spaces are required per automatic car wash bay.
(8)
A convenience store shall be an authorized accessory use to a vehicle service station, provided all conditions for a convenience store as provided in this chapter are met.
(9)
Parking: one off-street parking space for every 300 square feet of gross floor area, or two off-street parking spaces for each service bay, whichever is larger, plus one space for each full-time employee. Off-street parking spaces are not to be a part of nor interfere with the accessways to the dispensers.
O.
Automotive sales:
(1)
Sales of automobiles by a new car dealership, used car sales, car, truck, trailer, cycle and boat rental.
(2)
Used car sales shall be permitted only as an accessory use to a new car automobile sales situated on a lot of no less than 10,000 square feet.
(3)
Parking: five off-street parking spaces for each employee on the largest shift.
P.
Vehicle repair and inspection:
(1)
Vehicle repair garage, including paint spraying and body and fender work or car-washing facility, provided that all repair and paint work is performed within an enclosed building.
(2)
All automobile parts and similar articles shall be stored within a building.
(3)
Parking of vehicles needing repair or inspection shall be in the rear or side of the property.
(a)
Buffering requirements for Commercial C-1 Districts shall be met when the vehicle repair and inspection use is situated adjacent to a residential use(s).
(4)
Any vehicle on the lot must be currently inspected or registered.
(5)
Parking: one off-street parking space for each 300 square feet of gross floor area, plus one additional space for each full-time employee.
Q.
Vehicular accessories (new retail):
(1)
Sales of new vehicular accessories, parts, tires, batteries, and other supplies.
(2)
Provision of vehicle services such as lubrication, oil changes, tire change and repairs, excluding fuel dispensers, shall be considered an accessory use and shall be performed entirely within an enclosed structure.
(3)
Installations of parts shall be in an enclosed structure.
(4)
Parking: one off-street parking space for each 200 square feet of gross floor area, plus one additional space for each full-time employee.
R.
Greenhouse:
(1)
The floor area for retail sales shall not exceed 1,200 square feet. The growing area is not considered a sales area.
(2)
The heating plant shall be located at least 100 feet from the property line.
(3)
Out buildings, including those for storage of manure, odor- or dust-producing substances shall be located at least 200 feet from the property line.
(4)
Parking: one off-street parking space for each employee and one off-street parking space for each 300 square feet of gross building area used or intended to be used as a sales area.
S.
Public parking lot or garage:
(1)
No sales, rental, service or repair operations of vehicles shall be performed.
(2)
The parking or storage of trucks or trailers shall not be permitted.
(3)
All parking areas shall meet the design standards of this chapter.
(4)
Safe and adequate traffic flow is provided.
(5)
Sufficient screening to protect the neighborhood from inappropriate noise and other disturbance is provided.
(6)
Glare due to site lighting is prohibited.
T.
Shopping center:
(1)
A shopping center which is preplanned and designed as a complex of related structures and circulation patterns, subject to the following additional criteria:
(a)
Shopping centers in the C-1 Zoning District shall have a minimum site area of five acres.
(b)
Not more than 25% of the total lot area shall be occupied by buildings.
(d)
Any use of the same general character as any of the above permitted uses herein shall be permitted upon review of the Planning Commission and approval by the Town Council.
(e)
The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping.
(f)
Outdoor storage and displays shall conform to the provisions of this chapter.
(g)
The distance, at the closest point, between any two buildings or groups of units of attached buildings, shall not be less than 20 feet nor need be greater than 30 feet.
(h)
The proposed development shall be served by adequate water and public sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed.
(i)
Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind.
(j)
Provide safe and adequate traffic flow.
(k)
Areas not paved or occupied by structures shall be landscaped and maintained and the edges of paved areas abutting landscaped areas shall be curbed.
(l)
The Town Council may impose restrictions upon access to the facility, storage of vehicles or materials on the premises, hours of operation and such other matters as they deem necessary to insure that there is no adverse impact upon the functioning of the district or adjacent parcels.
(3)
Gross floor area is the total floor area designed for tenant occupancy and use, including basements, mezzanines, storage areas, and upper floors, if any, expressed in square feet and measured from the center line of common partitions and from outside wall faces.
U.
Public utility building and storage yard:
(1)
Transformer station, pumping station, relay station, towers (transmission or relay), substations, switching center, sewage treatment plant and any similar or related installations, not including public landfills or communication towers.
(2)
In residential districts, such uses shall be permitted as special exceptions only where all the following conditions are met:
(a)
Installation is essential to service such residential areas;
(b)
No public business office or any storage yard or storage building is operated in connection with it;
(c)
A twenty-five-foot buffer yard shall be provided along all property lines;
(d)
Sewage treatment facility is prohibited in residential districts;
(e)
Towers are permitted as a special exception in residential districts and commercial districts;
(3)
Parking: two off-street parking spaces, plus one off-street parking space for each employee normally in attendance at the facility at any time.
V.
Public solid waste disposal site:
(1)
A site with a minimum size of 15 acres for the disposal of refuse generated within the area regulated by this chapter. Establishment of a site must be in accordance with county and state regulations, including prohibitions relating to storing and/or disposal of hazardous wastes, as specified in the latest regulations of the Department of Environmental Protection (DEP), rules and regulations.
(a) APPLICATION ATTENDANT BUREAU OF ENVIRONMENTAL HEALTH DEPARTMENT OF ENVIRONMENTAL PROTECTION DURATION OF OPERATION DUST CONTROL MEASURES FIRE CONTROL HOURS AND DAYS OF OPERATION NOISE CONTROL PERMIT SCREENING SITE SITE DEVELOPMENT PLANS SOLID WASTE LANDFILL TRANSPORT ROUTE TRANSPORT VEHICLE
Definitions. For the purpose of this subsection, certain terms and words are defined as follows:
An application on forms furnished by the Borough requesting a special exception. The application shall be submitted in triplicate along with three copies of a site plan.
A person employed by the owner or operator of the landfill on the landfill site at all times when the landfill is in operation for the purpose and with the authority of supervising the operation thereof.
The Bureau of Environmental Health of the Allegheny County Health Department.
The Department of Environmental Protection of the Commonwealth of Pennsylvania.
The time span from the date the filling operation begins until final completion of the site.
The method that will be implemented to control air pollution.
The type of fire suppression equipment located on the site to extinguish any fires or hot spots.
The days of the week during which the landfill will be in operation and the hours of each day the landfill will be in operation.
The method that noise will be controlled so as not to affect neighboring properties and existing land use.
A permit issued by the Borough for the operation of a landfill.
That method implemented to screen the landfill site from adjoining properties on rights-of-way.
The location of the landfill site.
That plan indicating the area (acres) encompassing the landfill, including existing contours, adjoining land use, access to the site, gates, fencing (screening), transport route and all items covered by the Department of Environmental Protection.
A solid waste landfill as defined in the Solid Waste Management Act, P.L. 788 (No. 241,6,) 35 P.S. § 6001, of the Department of Environmental Health and additions thereto.[1]
The streets within 1/2 mile of the site on which the transport vehicles will traverse.
The type (size) of the vehicle transporting material to the site.
[1]
Editor's Note: Former 35 P.S. § 6001 et seq. was repealed by 1980, July 7, P.L. 380, No. 97, § 1001. See now the Solid Waste Management Act, 53 P.S. § 35 P.S. 6018.101 et seq.
(b)
Procedure. Application form and content: Written application for the grant of special exception shall be filed with the Zoning Hearing Board on forms supplied and prepared by the Zoning Hearing Board. The application shall bear the signature of the owners of all of the property within the concerned site, and shall be accompanied by:
[1]
Three copies of a site plan and all other pertinent data and information as may be required in the application form as prepared by the Zoning Hearing Board.
[2]
The application shall be accompanied with a letter detailing the classification of waste to be disposed of in the landfill as defined in Title 25 of the Rules and Regulations of the Department of Environmental Protection of the Commonwealth of Pennsylvania.
(c)
Review of application. In any instance where the Zoning Hearing Board is required to consider a special exception in accordance with this chapter, the Board shall, among other things, consider the following standards:
[1]
Determine that the proposed special exception would not substantially injure or detract from the use of the neighboring property and existing land uses.
[2]
Determine that the time span for the duration of the landfill is reasonable considering the size of the site and the volume of the fill to be deposited.
[3]
Determine that the dust control measures are adequate to contain any air pollution on the site.
[4]
Determine that the type of fire suppression equipment located on the site is sufficient to contain or extinguish all fire or hot spots.
[5]
Determine that the days and hours of operating would not adversely affect the surrounding properties and land uses.
[6]
Determine that the screening of the landfill site is adequate to protect the aesthetics of the surrounding land uses.
[7]
Determine that adequate noise control methods are proposed so that noise is not detrimental to the surrounding areas of the landfill.
[8]
Determine that the transport route to the site will not adversely affect the surrounding area or the residential streets.
[9]
Determine that the transport vehicle will be of a size so that it does not adversely affect the properties along the transport route or be detrimental to the surrounding areas.
W.
Adult-related facilities:
(1)
Adult-related facilities are subject to the following standards and criteria:
(a)
An adult-related facility shall not be permitted to be located within 5,000 feet of any other adult-related facility, whether situate in West View Borough or otherwise. The distance between any two adult-related facilities shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of each establishment.
(b)
No adult-related facility shall be located within 500 feet from any residentially zoned land or lot used principally as a residential use, whether situate in West View Borough or otherwise.
(c)
No adult-related facility shall be located within 1,000 feet of any parcel of land (situate in West View Borough or otherwise) which contains any one or more of the following specified land uses:
(d)
The distance between any adult-related facility and a land use specified in Subsection W(1)(c) above shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior property line of the adult-related facility to the closest point on the property line of said land use.
(e)
No materials, merchandise or film offered for sale, rent, lease, loan or for view upon the premises shall be exhibited or displayed outside of a building or structure.
(f)
Any building or structure occupied as an adult-related facility shall be windowless or have an opaque covering over all windows or doors of any area in which materials, merchandise or film are exhibited or displayed and no materials, merchandise or film shall be visible from outside the building or structure.
(g)
Signage. Notwithstanding any other provisions of the West View Borough Code, it shall be unlawful for any owner or operator of any adult-related facility or any other person to erect, construct or maintain any sign for the regulated establishment other than one primary sign. Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations of any manner and may contain only:
(h)
Primary signs for adult movie theaters may contain the additional phrase "movie title posted on premises."
(i)
Each letter forming a word on a primary sign shall be of a solid color, and each such letter shall be the same print type, size and color. The background behind such letter on the display surface of a primary sign shall be of a uniform and solid color.
(j)
Each entrance to the premises shall be posted with a notice specifying that persons under the age of 18 years are not permitted to enter therein and warning all other persons that they may be offended upon entry.
(k)
No adult-related facility may change to another adult-related facility except upon approval of any additional conditional use and occupancy permit.
(l)
The use shall not create an enticement for minors because of its proximity to nearby uses where minors may congregate.
(m)
The adult-related facility may be open for business Monday through Saturday, from 10:00 a.m., p.t., to 12:00 p.m. midnight, p.t. No adult-related facility shall be open on Sunday.
(n)
An adult business lawfully operating as a conforming use shall not be rendered a nonconforming use by the location, subsequent to the grant of an occupancy permit to the adult use, of a conflicting use as listed in this chapter within 1,000 feet.
(o)
Any adult business, other than an adult motel, which exhibits on the premises in a viewing room (a separate compartment or cubicle) of less than 150 square feet of floor space a film or videocassette or other video or image production or reproduction which depicts nudity or sexual conduct, as defined herein, shall comply with the following:
[1]
At least one employee shall be on duty and shall be situate in each manager's station at all times that any patron is present inside the premises.
[2]
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms shall not contain video reproduction or viewing equipment. If the premises has two or more managers' stations designated, then the interior of the premises shall be configured in such a manner that there is unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station.
[3]
It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the viewing area remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated in the application submitted to the Borough as an area in which patrons will not be permitted.
[4]
No viewing room shall be occupied by more than one person at any time. No connection or openings to an adjoining viewing room shall be permitted.
(p)
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operators and any agents and employees present on the premises to ensure that the illumination is maintained at all times that any person is present on the premises.
(q)
If live performances are to be given, the premises in which such live performances are to be offered shall contain a stage separated from the viewing area and shall not be accessible to other performers and the performers shall not have easy access to the viewers present.
X.
Commercial logging:
(1)
Commercial logging operations within the Borough on any parcel of property greater than one acre in size shall require a logging permit. The logging permit shall be valid for a maximum of two acres at any one time and shall automatically expire within six months of the permit issuance date.
(2)
Logging shall be done only in accordance with a forest management plan prepared by a forester, a copy of which shall be filed with the Building Inspector at least 30 days prior to issuance of a permit. The plan shall be accompanied by an erosion and sedimentation control plan approved by the Soil Conservation Service of Allegheny County and shall include a survey, prepared by a registered surveyor, of the affected property with the area of the trees to be cut down and shown thereon.
(3)
In the event that the proposed logging is located in an environmentally sensitive area, as defined herein, then a stormwater management plan shall be submitted to the Zoning Officer and reviewed by the Borough Engineer.
(4)
The fee for the processing of a logging permit shall be established from time to time by resolution of the Town Council. Said fees shall be paid before the issuance of a logging permit by the Zoning Officer.
(5)
Prior to the commencement of logging, the holder of the logging permit shall post a bond in favor of the Borough and in a form acceptable to the Borough in the amount of $20,000 for each mile of Borough road or portion thereof proposed to be traversed for removing felled trees from the site. The bond shall be returned to the operator upon completion of all operations and any reconstruction of damaged roadway due to excess weight in excess of the posted weight for the road. Any failure to complete the reconstruction required by this chapter shall result in forfeiture of the required bond. Those portions of the Borough roads which have been damaged shall be determined by inspection of the Borough Engineer and shall be reconstructed to current Borough specifications.
(6)
Prior to commencement of logging, the holder of the permit shall submit to the Borough evidence of:
(a)
Property damage insurance in the event the logging shall cause damage to the real or personal property of adjacent property owners or third persons;
(b)
Liability insurance for injuries caused to third persons on the property with or without the permission of the logging operator.
(c)
Proof of compliance with all applicable state and federal regulations related to forestry or timbering activities.
Y.
Windmill:
(1)
The base of a windmill shall be set back from all property lines a minimum distance which represents 100% of the windmill height, as measured from the base of the windmill at grade to the highest point of the structure.
(2)
The applicant shall submit evidence that the windmill and its method of installation have been designed by a registered engineer and is certified by that registered engineer to be structurally sound and able to withstand wind and other loads in accordance with accepted engineering practice.
(3)
The minimum lot size of the lot on which the proposed windmill is located, not lease area if the windmill is leased, shall be at least two acres.
(4)
The windmill structure and any accessory equipment buildings or cabinets shall be completely enclosed by at least a six-foot-high chain link or similar fence with self-latching gate to limit accessibility to the general public.
(5)
All windmill structures shall be fitted with anticlimbing devices as approved by the manufacturers for the type of installation proposed.
(6)
Existing vegetation on the site shall be preserved to the maximum extent possible.
(7)
A minimum twenty-foot (in width) easement or right-of-way for access shall be provided to the windmill which is adequate to accommodate maintenance and emergency vehicles. A minimum of 12 feet (in width) of the access road shall be improved with a dust-free, all-weather (chip and shot) surface sufficient to accommodate the weight of vehicles proposed to use the easement or right-of-way.
(8)
All windmill structures shall be subject to any applicable Federal Aviation Administration (FAA) and airport zoning regulations.
(9)
No sign or other structure shall be mounted on the windmill structure, except as may be required by the FCC, FAA or other governmental agency.
(10)
Windmill structures shall be painted silver or have a galvanized finish or may be painted green up to the height of adjacent trees in order to reduce visual impact.
(11)
If the windmill is fully automated, adequate parking shall be provided for periodic visits by maintenance workers. If the windmill is not fully automated, one parking space shall be provided for each employee on peak shift.
(12)
No windmill structure shall be illuminated, except as may be required by the Federal Aviation Administration (FAA) or other governmental agency.
(13)
A recording of a plat of subdivision or land development shall not be required for a lease parcel on which a windmill is proposed to be constructed, provided the equipment building is unmanned.
(14)
In the event any windmill ceases to be used as a windmill for a period of six months, then the owner and/or operator of the windmill or the owner of the land on which the windmill is located shall be required to remove the same and, failing to do so, the Borough may cause the same to be removed and charge the cost of the removal to the foregoing parties. In addition, the Borough may file a municipal lien against the land to recover the cost of the removal and attorneys' fees, as well as inspection fees incurred by the Borough.
Z.
Car wash:
(1)
All operations of a mechanical car wash, including brushing, steaming and polishing, shall take place in an enclosed building. Final spot wiping may be done as the cars exit the wash.
(2)
Self-service car washing facilities shall be under a roofed structure which has at least two walls.
(3)
Drainage water from the washing operation shall be controlled so that it does not flow or drain onto berms, streets, alleys, or other property.
(4)
The facility shall be connected to public sanitary and storm sewers.
(5)
Driveway entrances shall be located at least 30 feet from the right-of-way line of the intersection of any public streets.
(6)
All access drives and waiting areas shall be paved and shall be large enough to accommodate all traffic at peak operating periods so that the operation shall not conflict with normal street operation. Design plans shall be accompanied by a traffic study showing, but not limited to, projected peak operating capacity in relation to driveway and waiting area design.
(7)
Access shall be from an arterial or collector street.
(8)
Parking: one off-street parking space for each employee on the largest shift, plus four off-street spaces in waiting line for each washer.
§ 290-19 Industrial uses.
A.
Manufacturing:
(1)
Manufacturing, including the production, processing, cleaning, testing, and distribution of materials, goods, foodstuffs and products.
(2)
Within the C-1 District manufacturing shall be limited to food products, musical and small precision instruments, electrical appliances, metal products of a light nature, including heating and ventilating ducts and equipment, hardware and cutlery, and other similar products, manufacturing or assembly of electrical appliances and other uses of a similar and no more objectionable character to those principal uses permitted.
(3)
Parking: three off-street parking spaces for every four employees on the largest shift, plus one space for each company vehicle normally stored on the premises.
B.
Research:
(1)
Research, testing, or experimental laboratory.
(2)
Parking: three off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
C.
Wholesale:
D.
Printing:
E.
Contracting:
(1)
Contracting offices and shops, such as building, cement, electrical, heating, masonry, painting and roofing.
(2)
Any outdoor storage and displays shall conform to the provision of this chapter.
(3)
Parking: three off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
F.
Truck terminal:
(1)
Trucking terminal licensed by the Public Utilities Commission.
(2)
Parking: off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 250 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
G.
Crafts:
(1)
Plumbing shop, carpentry shop, cabinet-making, furniture-making and similar crafts.
(2)
Parking: three off-street parking spaces for each four employees on the largest shift, or one off-street parking space for every 500 square feet of gross floor area, whichever is greater, plus one space for each company vehicle normally stored on the premises.
H.
Vehicle salvage yard:
(1)
The deposit or storage of two or more motor vehicles not having valid inspection stickers issued by the Pennsylvania Department of Transportation, or of two or more wrecked or broken vehicles, or the major parts of two or more such vehicles, shall be deemed to make the lot a vehicle salvage yard.
(2)
Any outdoor display of vehicles shall be at least 40 feet from any street right-of-way.
(3)
No vehicle intended for salvage or without a valid inspection and registration shall be permitted in the front yard.
(4)
All lubricant and fuel oil substances which are to be stored on the site shall be stored with all necessary precautions taken to prevent their leakage and/or surface or subsurface drainage into streams, creeks, or other bodies of water. A plan detailing how these materials will be stored in compliance with this requirement shall be submitted with the application for a zoning certificate.
(5)
All hazardous materials shall be stored in a safe manner and, where required, shall be in receipt of a permit for such storage.
(6)
Within the C-1 District all operations shall be within an enclosed building or high-fenced area.
I.
Junkyard:
(1)
No material shall be placed in any junkyard in such a manner that it is capable of being transferred out of the junkyard by wind, water or other natural causes.
(2)
All paper, rags, cloth and other fibers and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.
(3)
All junkyard materials and activities not within fully enclosed buildings shall be surrounded by an opaque fence at least eight feet in height, and maintained in good condition. Any gate in such fence shall be similarly constructed and maintained, and shall be kept locked at all times when the junkyard is not in operation.
(4)
Screening shall be required in accordance with this chapter.
J.
Public warehouse/storage facility:
(1)
Any premises upon which buildings are erected for public warehouse and/or storage facilities subject to the following additional provisions:
K.
Heliports or other aircraft landing areas.
(1)
The applicant shall provide evidence that the heliports or other aircraft landing areas will be constructed and installed to meet all current federal, state, and local building and fire codes.
(2)
Heliports or other aircraft landing areas must be approved by the Bureau of Aviation of the Commonwealth of Pennsylvania prior to the issuance of a building permit.
(3)
Prior to usage, a plan of the property owned by the intended user must be submitted to the West View Building Inspector and must be physically inspected by him and the West View Fire Marshal to be certain that the construction code requirements have been met.
(4)
The heliport or other aircraft landing field may not be utilized (except for emergency purposes) between the hours of 6:00 p.m. and 9:00 a.m.
(5)
The heliport or other aircraft landing field may only be utilized as a valuable adjunct to the business or businesses being operated in the C-1 Zoning District.
(6)
The operation of the heliport or other aircraft landing field must not adversely affect the peace, privacy and general welfare of the occupants of any residences located in the vicinity of the same.
(7)
The heliport or other aircraft landing area must be capable of safe operation in the discretion of air traffic safety engineers.
(8)
Heliports or other aircraft landing fields shall be permitted only in the C-1 Zoning District and not permitted in any other zoning district within the Borough of West View.
(9)
Prior to the commencement of the heliport or other aircraft landing field use, the Town Council of the Borough of West View have the power to require such physical demonstrations as to the suitability of the site as may be determined appropriate by the Town Council of the Borough of West View.
L.
Self-storage mini-warehouse:
(1)
Caretakers' quarters are permitted as an accessory use, one parking space must be provided per 500 square feet of floor area of the caretakers' quarters. However, no more than two spaces are required for each caretakers' quarters.
(2)
Land area must be greater than 10 contiguous acres in size.
(3)
Self-storage/mini-warehouse shall be limited to dead storage of goods not in active use. The storage of flammable liquids, highly combustible or explosive materials, hazardous chemicals is prohibited, including propane and gasoline engine or storage tanks.
(4)
No other activities other than rental of storage units and pick up and deposit of dead storage shall be allowed on the premises.
(5)
All storage shall be within an enclosed building.
(6)
The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth, and 42 feet for storage units which are more than 15 feet in depth, to provide safe and adequate traffic flow.
(7)
Prohibit glare due to site lighting.
(8)
Provide buffering in conformance with the provisions of this chapter so as to provide sufficient screening to protect the neighborhood from inappropriate noise and other disturbance.
(9)
Parking: one off-street parking space for each 300 square feet of gross floor area used or intended to be used for servicing employees and customers.
§ 290-20 Accessory uses.
A.
Home occupation:
(1)
A home occupation shall conform to the following regulations:
(a)
The home occupation shall be carried on wholly indoors and within a dwelling.
(b)
There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients.
(c)
There shall be no exterior storage of materials.
(d)
No external alterations shall be made which involve construction features not customary to dwellings.
(e)
No articles shall be sold or offered on premises for sale.
(f)
Frequent and repetitive servicing by commercial vehicles for supplies and materials shall not be permitted.
(g)
The home occupation shall be operated only by members of the immediate family residing in the dwelling.
(h)
The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure, excluding garage.
(i)
No use of mechanical equipment, no noticeable noise, odor or nuisance will be allowed.
(j)
"Home occupation" is an occupation carried on in a dwelling solely by the dwellers therein, as a secondary use, but it shall not include the employment of any assistants, the use of mechanical equipment, noticeable noise, odor or nuisance, the display or storage for sale of goods, signs or advertisement of commodities or services, or the conduct of a retail business.
(2)
A home occupation may include any of the following: art studio, teaching of not more than four pupils simultaneously; or in the case of musical instruction, not more than two pupils at a time; seamstress, handicrafts or other like activity; barbershop and beauty parlor limited to serving two patrons at a time; housing boarders limited to three or less persons; and greenhouse.
(3)
Parking: two off-street parking spaces in addition to spaces otherwise required.
B.
No-impact home-based business:
(1)
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The business activity shall employ no employees other than family members residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
(e)
The business activity may not use any equipment or process which creates noise, glare, fumes, odors or electrical or electronic interference, including interference with radio or television, which is detectable in the neighborhood.
(f)
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(g)
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(h)
The business shall not involve any illegal activity.
C.
Accessory office:
(1)
Accessory office of realtor, insurance salesman, physician, lawyer, clergyman, teacher or other profession of like character, provided that:
(a)
The area devoted to the permitted professional use shall be located within the practitioner's dwelling.
(b)
There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients.
(c)
The floor area devoted to such professional use shall be equivalent to no more than 25% of the ground area covered by the practitioner's dwelling, excluding the ground area covered by an attached garage or such other similar building.
(d)
Frequent and repetitive servicing by commercial vehicles for supplies and materials shall not be permitted.
(e)
No external alterations shall be made which involved construction features not customary to dwellings.
(f)
No signs shall be permitted.
(2)
Parking: two off-street parking spaces in addition to spaces otherwise required.
D.
Residential accessory structure:
(1)
Buildings such as storage sheds, bath houses, private greenhouses, facilities for domestic servants or gratuitous guests shall meet the following standards:
(a)
Front yard: accessory buildings shall not be permitted within the required front yard.
(b)
Side yards: accessory buildings may be located in the required side yard, but shall not be located closer than five feet to any side property line.
(c)
Rear yard: accessory buildings may be located in the required rear yard, but shall not be located closer than five feet to the rear property line.
(2)
Parking of commercial vehicles one-ton or more loading capacity shall be within a completely enclosed building, which shall comply with the setback requirements of the principal structure.
(3)
Recreational facilities, such as tennis courts, paddle tennis platforms and swimming pools, which abut a residential district, shall provide adequate screening or fencing in order to protect the area from inappropriate noise, glare or other disturbance.
(5)
Carports may be permitted over a driveway in a portion of a side or rear yard, provided that such structure is:
E.
Commercial accessory structure:
(1)
Commercial accessory buildings shall conform to the yard requirements of the underlying zoning district for a principal building, except as indicated below:
(a)
The overall height of any commercial accessory building shall be 15 feet.
(2)
Commercial accessory uses shall conform to the requirements of the most closely related use in this chapter.
(3)
Outside storage shall not be considered an accessory use.
(4)
Parking: Parking shall conform to the requirements of the most closely related use in this chapter.
F.
Commercial outside storage or display:
(1)
Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, subject to the following additional provisions:
(a)
No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use, and no required parking areas shall be occupied by outside storage or display.
(b)
Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.
(c)
Outside storage and display areas shall be shielded from view from the public streets and adjacent lots.
(2)
Uses requiring more substantial amounts of land area for storage or display may be exempt from the provisions of this chapter when granted as a conditional use. Such use shall be subject to the following additional provisions:
(a)
In particular, uses appropriate for consideration under this subsection include, but are not limited to, greenhouses, lumber yards, automotive sales, truck sales, and truck terminals.
(b)
Among the uses that shall not be considered appropriate for inclusion under this subsection are retail stores, repair shops, gasoline service stations, vehicle and inspection repairs, wholesale business and storage, contractor offices and shops, and crafts.
(c)
The outside storage or display shall provide screening and buffering, as seen necessary by the Town Council, to protect the area from inappropriate noise, glare and other disturbance.
(d)
The outside storage or display shall provide safe and adequate traffic flow.
G.
Temporary structure or use:
(1)
A temporary permit may be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:
(a)
There is no reasonable alternative to the temporary use.
(b)
The temporary use does not involve the erection of a substantial structure or require any other permanent commitment of the land. A "substantial structure" is hereby defined as a structure which would require the issuance of a building permit under the applicable West View Borough ordinance.
(c)
The temporary use will not have any detrimental effects on adjacent properties and will be in general harmony with surrounding uses.
(d)
The temporary use will comply with the parking requirements of this chapter.
(e)
The temporary use will not create excessive traffic hazards on adjacent streets and that traffic control, if necessary, shall be provided at the expense of the applicant.
(f)
The applicant shall have sufficient liability insurance for the requested use, and a certificate of insurance naming Borough of West View as an additional insured shall be presented to the West View Building Inspector prior to the issuance of a temporary use permit.
(g)
The applicant shall provide, at the applicant's own expense, for the restoration of the site of said use to its original condition, including such clean up, washing and replacement of facilities as may be necessary. This shall be done within two weeks of the expiration date of the temporary permit or the conclusion of the temporary use, whichever occurs first.
(h)
The West View Town Council may impose such restrictions and regulations as it may deem necessary and appropriate to the specific temporary use permit granted.
(2)
The West View Town Council shall establish permit fees for a temporary use by resolution duly adopted; provided, however, that any volunteer organization may be exempt from the payment of the permit fee. An organization claiming to be exempt shall make application for said exemption to the West View Building Inspector. In the event that the exemption is not granted by the West View Building Inspector, the applicant may appeal to the Town Council for a review of the Building Inspector's decision. The applicant shall submit such documentation as the Town Council shall require to enable it to determine if the applicant is exempt.
(3)
The temporary permit shall be valid for one year. An extension of up to two months per extension, for a maximum of three extensions, may be granted upon written request to the Zoning Officer. Such request must be made at least one month prior to the expiration of the temporary permit.
(4)
None of the terms and provisions of this subsection shall be applicable to any West View Volunteer Fire Company.
H.
Parabolic or satellite dish antennas:
(1)
Parabolic or satellite dish antenna measuring less than two feet in diameter, across the widest section of the dish, shall be permitted by right, provided the provisions delineated below are met.
(2)
All parabolic or satellite dish antennas shall be subject to the following provisions:
(a)
No such antenna shall be located in any front yard;
(b)
No such antenna shall be located on the roof of any accessory building;
(c)
No more than one satellite or parabolic dish antenna shall be located on any one lot;
(d)
In all residentially zoned districts, no such antenna exceeding four feet in height, diameter or depth shall be installed on any roof or above a building. In all commercially zoned districts, no such antenna exceeding 12 feet in height, diameter or depth shall be installed on any roof or above any building.
(e)
In all residentially zoned districts, when roof-mounted, the satellite or parabolic dish antenna shall be located so that it is not visible from the street;
(f)
The diameter of any satellite or parabolic dish antenna, other than those installed on a roof or above a building, shall not exceed 12 feet;
(g)
No part of any freestanding antenna structure shall be located any closer than 10 feet from any property line;
(h)
The maximum height of any freestanding satellite or parabolic dish antenna shall be 15 feet;
(i)
When any freestanding satellite or parabolic dish antenna is wholly or clearly visible from the street adjoining the lot, evergreen screening at least six feet in height shall be provided to reduce visibility from the street;
(j)
In granting the special exception, the Zoning Hearing Board may attach other reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, fencing, screening and increased setbacks.
(3)
Amateur radio equipment, including ham or citizen band radio antennas, shall be subject to the following express standards and criteria:
(a)
The antenna shall be located at least 15 feet from the dwelling unit on the lot;
(b)
Antennas which do not exceed 30 feet in height shall be located at least 15 feet from any property line. Antennas which exceed 30 feet in height shall provide an additional one foot of clearance from the property line for every one foot of height in excess of 30 feet;
(c)
The antenna shall not be permitted in any front yard;
(d)
The antenna shall be securely anchored in a fixed location on the ground, and the applicant shall provide qualified evidence that the proposed structure will withstand wind and other such natural forces;
(e)
The antenna and its associated supports, such as guy wires or the yard area containing the structure, shall be protected and secured to guarantee the safety of the general public. Associated structures and guy wires shall not be closer than five feet from any property line;
(f)
In granting the special exception, the Zoning Hearing Board may attach other reasonable conditions warranted to protect the public health, safety and welfare, including, but not limited to, fencing, screening and increased setbacks.
(4)
Whenever any antenna, as defined in this subsection is disconnected or abandoned for a period of six months, or becomes in a state of disrepair so as to become a danger to persons or property in the area, then the property owner shall be required to remove said antenna within 30 days of receipt of a written notice from the Building Inspector. The Building Inspector is empowered to enforce this provision by entering upon any property affected in order to determine the status or conditions of any antenna.
I.
Wireless communications facilities:
[Amended 12-11-2014 by Ord. No. 1484]
(1)
Short title. This subsection shall be known as the "West View Borough Wireless Communications Facilities Ordinance."
(2)
Purposes and findings of fact.
(a)
The purpose of this subsection is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in West View Borough. While the Borough recognizes the importance of wireless communications facilities in providing high quality communications service to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.
(b)
By enacting this subsection, the Borough intends to:
[1]
Promote the health, safety, and welfare of Borough residents and businesses with respect to wireless communications facilities;
[2]
Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Borough residents and wireless carriers in accordance with federal and state laws and regulations;
[3]
Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Borough, including facilities both inside and outside the public rights-of-way;
[4]
Address new wireless technologies, including but not limited to distributed antenna systems, data collection units, cable wi-fi and other wireless communications facilities;
[5]
Encourage the co-location of wireless communications facilities on existing structures rather than the construction of new tower-based structures;
[6]
Protect Borough residents from potential adverse impacts of wireless communications facilities and preserve, to the extent permitted under law, the visual character of established communities and the natural beauty of the landscape; and
[7]
Update the Borough's wireless facilities regulations to incorporate changes in federal and state laws and regulations.
(3)
General requirements for all non-tower wireless communications facilities.
(a)
The following regulations shall apply to all non-tower wireless communications facilities located within the Borough, including those inside the public rights-of-way:
[1]
Permitted in all zones subject to regulations. Non-tower WCFs are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Borough.
[2]
Prohibited on certain structures. Commercial non-tower WCFs shall not be located on single-family detached residences, single-family attached residences, or any accessory residential structure.
[3]
Standard of care. Any non-tower WCF 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 American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF 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 Borough.
[4]
Wind. All non-tower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-E, as amended).
[5]
Aviation safety. Non-tower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
[6]
Public safety communications. No non-tower WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
[7]
Radio frequency emissions. No non-tower WCF may, by itself or in conjunction with other WCFs, 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.
[8]
Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[a]
All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough.
[b]
If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.
[9]
Timing of approval. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the Borough's ninety-day review period.
[10]
Insurance. Each person that owns or operates a non-tower WCF shall provide the Borough with a certificate of insurance 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 non-tower WCF.
[11]
Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, 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 non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Borough 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 non-tower WCF. 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.
[12]
Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
[a]
The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[b]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.
[c]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(b)
In addition to the regulations in Subsection I(3) of this subsection, the following additional regulations shall apply to all non-tower wireless communications facilities, such as antennae, that do not substantially change the physical dimensions of the wireless support structure to which they are attached:
[1]
Permit required. Applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the Borough Zoning Office. In order to be considered for such, the applicant must submit a permit application to the Borough Zoning Office.
[2]
Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.
(c)
In addition to the regulations in Subsection I(3) of this subsection, the following additional regulations shall apply to all non-tower wireless communications facilities that substantially change the wireless support structure to which they are attached:
[1]
Permit required. Any applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a building permit from the Borough Zoning Office. New construction and modifications shall be prohibited without such a permit. After receipt of the permit application, the Borough Zoning Officer shall determine whether zoning relief is necessary under the Borough Code.
[2]
Historic buildings. No non-tower WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or is eligible to be so listed, or is listed on the official historic structures and/or historic districts list maintained by the Borough, or has been designated by the Borough to be of historical significance.
[3]
Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this subsection. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
[4]
Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.
(4)
Non-tower wireless facilities outside the rights-of-way. The following additional regulations shall apply to non-tower wireless communications facilities located outside the rights-of-way that substantially change the wireless support structure to which they are attached:
(a)
Development regulations. Non-tower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, if possible, subject to the following conditions:
[1]
Such WCF does not exceed the lesser of a total maximum height of 15 feet or the maximum height permitted in the underlying zoning district. If the planned non-tower WCF exceeds this height specification, the WCF applicant shall obtain a variance.
[2]
If the WCF 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 commercial accessory buildings.
[3]
A security fence of not less than six feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.
(b)
Special exception. If co-location of the non-tower WCF on an existing support structure is not technologically feasible, the applicant shall apply to the Zoning Hearing Board for a special exception.
(c)
Design regulations.
[1]
Non-tower WCFs shall employ stealth technology and be treated to match the supporting structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the WCF applicant shall be subject to the approval of the Borough.
[2]
The total height of any support structure and mounted WCF shall not exceed the maximum height permitted in the underlying zoning district, unless the applicant obtains a variance.
[3]
In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Borough justifying the total height of the non-tower structure. Such documentation shall be analyzed in the context of such justification on an individual basis.
[4]
Noncommercial usage exemption. Borough citizens utilizing satellite dishes and antennae for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the siting and design regulations enumerated in this subsection.
(d)
Removal; replacement; modification.
[1]
The removal and replacement of non-tower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the numbers of antennae.
[2]
Any material modification to a wireless telecommunication facility shall require a prior amendment to the original permit or authorization.
(e)
Reservation of rights. In accordance with applicable law, the Borough reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include but are not limited to visual impact, design, and safety standards.
(f)
Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this subsection and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(5)
Non-tower wireless facilities in the rights-of-way.
(a)
The following additional regulations shall apply to all non-tower wireless communications facilities located in the rights-of-way:
[1]
Co-location. Non-tower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles or light poles. Co-located facilities shall be permitted by right. If co-location is not technologically feasible, the applicant shall locate its non-tower WCFs on existing poles or structures that do not already act as support structures.
[2]
Special exception. Applicants that propose to locate non-tower WCFs, such as antennae, on existing structures that do not already support a WCF, shall apply to the Borough Zoning Hearing Board for a special exception.
[3]
Design requirements:
[a]
WCF installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and joint utility poles, shall consist of equipment components that are no more than six feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.
[b]
Antennae and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
[4]
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all non-tower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
[5]
Equipment location. Non-tower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:
[a]
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb or within an easement extending onto a privately owned lot.
[b]
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
[c]
Any graffiti on the WCF or accessory equipment shall be removed at the sole expense of the owner within 10 business days' of notice of the existence of the graffiti.
[d]
Any proposed underground vault related to non-tower WCFs shall be reviewed and approved by the Borough.
[6]
Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[a]
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;
[b]
The operations of the Borough or other governmental entity in the right-of-way;
[c]
Vacation of a street or road or the release of a utility easement; or
[d]
An emergency as determined by the Borough.
[7]
Reservation of rights. In accordance with applicable law, the Borough reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include but are not limited to visual impact, design, and safety standards.
(6)
General requirements for all tower-based wireless communications facilities. The following regulations shall apply to all tower-based wireless communications facilities in the Borough:
(a)
Standard of care. Any tower-based WCF 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 American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF 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 Borough.
(b)
Notice. Upon submission of an application for a tower-based WCF, the applicant shall mail notice to all owners of every property within 250 feet of the proposed facility. The applicant shall provide proof of the notification to the Borough.
(c)
Permitted by special exception. Any applicant proposing the construction of a new tower-based wireless communications facility shall present testimony and evidence to the Zoning Hearing Board that the proposed facility meets the criteria set forth in this subsection. Tower-based WCFs shall only be permitted by special exception.
(d)
Co-location and siting. An application for a new tower-based WCF shall not be approved unless the Borough finds that the wireless communications equipment planned for the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building, or on Borough property. The applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a 1/4 of a mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:
[1]
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.
[2]
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.
[3]
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.
[4]
A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(e)
Permit required for modifications. Any applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a zoning permit from the Borough Zoning Office. Nonroutine modifications shall be prohibited without a zoning permit.
(f)
Gap in coverage. An applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Borough's decision on an application for approval of tower-based WCFs.
(g)
Additional antennae. As a condition of approval for all tower-based WCFs, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennae on tower-based WCFs where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Borough.
(h)
Wind. Any tower-based WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-E, as amended).
(i)
Siting. No tower-based WCF shall be sited or constructed within 1,500 feet of any other tower-based WCF in the Borough.
(j)
Height. Any tower-based WCF shall be designed at the minimum functional height. All tower-based WCF applicants must submit documentation to the Borough justifying the total height of the structure. The maximum total height of any tower-based WCF, which is not located in the public ROW, shall not exceed 100 feet, as measured vertically from the ground level to the highest point on the structure, including antennae and subsequent alterations. Equipment buildings, cabinets, and accessory structures shall not exceed 15 feet in height.
(k)
Related equipment. A telecommunication equipment building, or any other structure associated with a tower-based WCF, shall meet the height and setback requirements for principal buildings in the zoning district in which the building is located. When a zoning district contains more than one set of setback requirements, the largest setback shall apply.
(l)
Public safety communications. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(m)
Maintenance. The following maintenance requirements shall apply:
[1]
Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
[2]
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.
[3]
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(n)
Radio frequency emissions. No tower-based WCF may, by itself or in conjunction with other WCFs, 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.
(o)
Historic buildings or districts. No tower-based WCF may be located on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places, or eligible to be so listed, or is included in the official historic structures and/or historic districts list maintained by the Borough.
(p)
Signs. All tower-based WCFs 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. Absent controlling FAA or FCC regulations, no additional signage shall be permitted on the tower-based WCF.
(q)
Lighting. No tower-based WCF shall be artificially lighted, except as required by law. Towers shall be galvanized and/or painted with a rust-preventive paint of an appropriate color to harmonize with the surroundings. 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.
(r)
Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(s)
Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.
(t)
Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of this subsection. The applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.
(u)
Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Borough, the Borough shall notify the applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Borough shall advise the applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the one-hundred-fifty-day review period.
(v)
Nonconforming uses. Nonconforming tower-based WCFs 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 subsection.
(w)
Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:
[1]
All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Borough.
[2]
If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.
[3]
Any unused portions of tower-based WCFs, including antennae, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF previously removed.
(x)
Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring and related costs.
(y)
FCC license. Each person that owns or operates a tower-based WCF shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(z)
Reservation of rights. In accordance with applicable law, the Borough reserves the right to deny an application for the construction or placement of any non-tower WCF for numerous factors, which include but are not limited to visual impact, design, and safety standards.
(aa)
Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Borough with a certificate of insurance 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 tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Borough with a certificate of insurance 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 tower-based WCF.
(bb)
Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, 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 tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. 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 tower and antenna 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 tower-based WCF, the applicant shall provide to the Borough financial security sufficient to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.
(7)
Tower-based facilities outside the rights-of-way.
(a)
The following additional regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:
[1]
Development regulations:
[a]
Location. No tower-based WCF shall be located in an area in which utilities are underground.
[i]
The following regulations shall apply to tower-based WCFs greater than 40 feet in height:
[A]
Such tower-based WCFs may be located in the following zoning districts, subject to Subsection I(7)(a)[1][a][i][B] of this subsection:
(1) | R-1 Residential District. |
(2) | R-3 Residential District. |
(3) | C-1 Commercial District. |
[B]
Such tower-based WCFs shall not be located in, or within 150 feet of, any area in which utilities are underground.
[b]
Site requirements. A tower-based WCF may be located as permitted in the district regulations, subject to all of the conditions listed in this subsection.
[c]
Sole use on a lot. A tower-based WCF shall be not permitted as a sole use on a lot.
[d]
Combined with another use. A tower-based WCF 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:
[i]
The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications facility.
[ii]
Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.
[2]
Design regulations:
[a]
The WCF 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 WCF applicant shall be subject to the approval of the Borough.
[b]
To the extent any height extensions to an existing tower-based WCF shall require prior approval of the Borough.
[c]
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.
[d]
Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.
[3]
Surrounding environs:
[a]
The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.
[b]
The WCF applicant shall submit a soil report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.
[4]
Fence/screen:
[a]
A security fence having a minimum height of six feet shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.
[b]
Landscaping shall be installed to screen and buffer the tower and any ground level features, such as an equipment building, from adjacent properties, and shall be subject to the approval of the Borough.
[5]
Accessory equipment:
[a]
Ground-mounted equipment associated to, or connected with, a tower-based WCF shall be underground or screened from public view using stealth technologies, as described above.
[b]
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
[6]
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.
[7]
Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces, or one space per employee, whichever is greater.
[8]
Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this subsection and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(8)
Tower-based facilities in the rights-of-way. The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:
(b)
Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.
(c)
Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:
[1]
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.
[2]
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.
[3]
Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Borough.
[4]
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days' of notice of the existence of the graffiti.
[5]
Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Borough.
(d)
Design regulations.
[1]
The WCF 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 WCF applicant shall be subject to the approval of the Borough.
[2]
Tower-based WCFs in the public ROW shall not exceed 40 feet in height.
[3]
Any height extensions to an existing tower-based WCF shall require prior approval of the Borough, and shall not increase the overall height of the tower-based WCF to more than 40 feet.
[4]
Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.
(e)
Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
[1]
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;
[2]
The operations of the Borough or other governmental entity in the right-of-way;
[3]
Vacation of a street or road or the release of a utility easement; or
[4]
An emergency as determined by the Borough.
(9)
Miscellaneous.
(a)
Police powers. The Borough, by granting any permit or taking any other action pursuant to this subsection, does not waive, reduce, lessen or impair the lawful police powers vested in the Borough under applicable federal, state and local laws and regulations.
(b)
Severability. If any section, subsection, sentence, clause, phrase or word of this subsection is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this subsection invalid.
(c)
Effective date. This subsection shall become effective 30 days after enactment by the West View Borough Council.