Whitaker City Zoning Code
ARTICLE VIII
Industrial District
§ 440-12 Permitted uses in Industrial District.
A.
Except as provided in Article XI, Nonconforming Lots, Structures and Uses, no building or structure shall be constructed and no building, structure or land, or part thereof shall be used for any purpose or in any manner other than for one or more of the uses hereinafter set forth as permitted in the Industrial District or set forth as permissible by special permit in said district and so authorized.
B.
Permitted uses in the industrial district are indicated in the list below. Specific uses, not included, but related or equivalent to a listed use may be permitted, subject to interpretation and approval by the Zoning Hearing Board.
C.
The following uses shall be permitted in the Industrial District provided that they are not obnoxious or offensive by reason of the emission of odor, dust, smoke, noise, gas, fumes, cinders, vibration, or refuse matter of water-carried waste:
(1)
Airplane factory or hanger, not including wind tunnel and testing field.
(2)
Automobile sales, servicing, painting, upholstering, tire retreading or recapping, battery manufacturing, and the like; not including gasoline service station.
(3)
Boat-building.
(4)
Box factory.
(5)
Building materials sales establishment and storage area.
(6)
Building-mover and wrecker's establishment.
(7)
Brewery.
(8)
Cleaning and dyeing establishment.
(9)
Contractor's equipment storage.
(10)
Cooperage works.
(11)
Distribution plant, including parcel delivery, ice and cold storage plant, bottling plant, and food commissary or catering establishment.
(12)
Feed mixing plant.
(13)
Foundry, casting of only lightweight nonferrous metal.
(14)
Grain elevator.
(15)
Iron, steal or other metal, fabrication (no foundry, drop hammer and no punch press over 50 tons capacity).
(16)
Laboratories, experimental, photo or motion picture, film or testing.
(17)
Laundry.
(18)
Lumber storage, millwork, and sales.
(19)
Machine shop.
(20)
Machinery repairing, sales and display.
(21)
Manufacture, fabrication and maintenance of electric and neon signs, billboards, commercial advertising structures, light sheet metal products including heating and ventilating ducts and equipment, cornices, eaves and the like, and also including plumbing, heating or electrical contracting business.
(22)
Manufacturing, fabricating, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials; bone, cellophane, canvas, horn, leather, paper, plastics, precious or semiprecious metals or stones, shell, textiles, tobacco, yarns, wood, and paint not employing a boiling process.
(23)
Manufacture, fabricating, compounding; canning, packaging or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, perfumed toilet soap, soft drinks, toiletries and food products, not including the following: fish and meat products, sauerkraut, vinegar and yeast, except in conjunction with a general food products manufacturing company; and the rendering of fats and oils.
(24)
Manufacture of: appliances, electrical or mechanical; instruments, electronic, musical, precision, or the like; machines, electric or mechanical, for home or office, and the like; phonographs, radios, telephones, or other instruments or machines for receiving, reproducing or transmitting sound; watches and clocks, toys, novelties, and rubber and metal hand stamps.
(25)
Petroleum and petroleum by-products storage, not in excess of an amount necessary for use on the premises.
(26)
Planing mill.
(27)
Printing, lithographing, type composition, ruling and binding establishment.
(28)
Processing, canning packaging or treatment of fish and meat products, sauerkraut, vinegar, yeast but not including the following: fish smoking, curing or canning; rendering of fats and oils; or slaughter of animals.
(29)
Railroad or other mass transportation company freight and/or passenger facilities, right-of-way, trackage and sidings, with accessory poles and overhead wires, signal or other operating devices, shelters and comfort stations incident to the use thereof, including private off-street turnaround and layover areas for mass transit vehicles and parking areas for buses.
(30)
Repair shop, other than a railroad major repair shop.
(31)
Solid fuel such as coal, coke and wood, storage and sales.
(32)
Stone or monument works.
(33)
Storage of any merchandise other than; explosives or inflammables; garbage, offal or dead animals; petroleum and petroleum by-products in excess of an amount necessary for use on the premises; and rags, paper, metal or junk.
(34)
Structure for landing or mooring or other like purposes and the use of the same for land or water transportation interchange.
(35)
Wholesale business.
(36)
Hospital, only with emergency facilities incident to an industry.
(37)
Public utility facilities and installations for electricity, gas, oil, steam, telegraph, telephone (including telephone exchange building), and water; (not including railroads).
(38)
School, industrial trade, when not objectionable due to noise, odor, vibration, dust, smoke or other similar causes.
(43)
Other customary accessory uses and buildings provided such uses are incidental to the principal use and are located on the same lot with the principal use.
(44)
Institutional schools.
(45)
Mobile homes and mobile home parks.
(46)
Group homes.
(47)
Dog kennel, is a permitted use in an Industrial District, if the realty is located north of Route 837, also known as "River Road."
§ 440-13 Conditional uses in Industrial District.
[Added 11-12-2008 by Ord. No. 3-2008; amended 10-13-2014 by Ord. No. 2-2014]
§ 440-14 Industrial use requirements and performance standards.
[Added 11-12-2008 by Ord. No. 3-2008]
A.
Use requirements. Any structure or use permitted in an Industrial District hereinafter enacted, added to or structurally altered shall be located on a lot having not less than the minimum requirements set forth in Subsection D below, and no more than one principal building shall be built on such lot. No existing lot shall be changed as to size or shape so as to result in the violation of the requirements set forth in Subsection D below.
B.
Performance standards for sexually oriented businesses.
(1)
A sexually oriented business shall not be operated or maintained within 500 feet of a residentially zoned district, a church, an institutional school, a group home, community center, park, recreational trail, nursing home, or establishment licensed by the Commonwealth of Pennsylvania to sell or serve alcoholic beverages. The distance limitations previously set forth shall be measured in a straight line from the main public entrances of said premises or from the lot lines of properties in the residentially zoned districts.
(2)
A sexually oriented business shall comply with the following sign, display and window requirements:
(a)
All signs shall be flat wall signs. No illuminated signs or signs featuring marque lights shall be permitted.
(b)
The amount of allowable sign area shall be the lesser of one square foot of sign area per linear foot of lot frontage on a street; or 25 square feet.
(c)
No books, magazines, photographs, films, motion pictures, video cassettes or discs, slides, or other photographic reproductions or other materials of any type or kind, which are distinguished and characterized by their evidence of matters depicting, describing or relating to the specified sexual activities or specified anatomical areas shall be displayed on signs or in window areas.
(d)
No signs shall be placed in any window. A one square foot sign may be placed on the door of the sexually oriented business to state hours of operation and admittance to adults only.
(3)
All sexually oriented businesses shall have at least one employee on duty at all times that any patron is on the premises. No minors shall be permitted to loiter in any part, parking lots or areas adjacent to the sexually oriented business.
(4)
All sexually oriented businesses shall have a minimum of one footcandle of illumination measured at floor level in every area where patrons are permitted access.
(5)
All viewing rooms in an adult arcade, adult cabaret, adult motion-picture theater, or adult theater shall be subject to the following requirements:
(a)
The viewing rooms shall have an unobstructed view of access for the employee(s) on duty.
(b)
No viewing room shall be occupied by more than one person at a time.
(c)
No connections or openings to adjoining viewing rooms shall be permitted.
(d)
All requirements set forth in 68 Pa.C.S.A. §§ 5501 to 5509.
(6)
Separate stage and viewing areas shall be in those specific sexually oriented business where a live performance is given. Separate access shall be provided to the stage and viewing areas and no connecting access shall be between the two areas.
C.
Performance standards for communications (antenna, facility, tower).
[Added 10-13-2014 by Ord. No. 2-2014]
(1)
A communications antenna ("antenna") more than 12 feet in height, which is mounted to an existing structure or which is part of a communication tower ("tower"), is only permitted as a conditional use in the Industrial District.
(2)
Ground transformer, generator and related ground equipment are permitted on the same lot as said tower but ancillary uses such as business office, vehicular storage and maintenance buildings are prohibited unless otherwise permitted in said zoning district.
(3)
The height of any antenna on a tower shall not exceed the height of the structure by more than 12 feet. If the Antenna is to be mounted on an existing tower, building or structure, a permit shall not be required; provided however, that the applicant shall provide certification from an engineer licensed in the Commonwealth of Pennsylvania that the proposed installation of an antenna or an additional antenna to the building or structure shall not exceed the structural capacity of the building or structure.
(4)
The owner of the tower must demonstrate by competent expert testimony and by submitted, signed and sealed statement that the location of the tower (or antenna, whatever the case may be) is necessary to prevent a gap in reasonable and acceptable transmission or reception service under prevailing industry standards.
(5)
For all new tower installations.
(a)
The owner of the proposed tower is required to demonstrate that it contacted the owners of tall structures within a 1/4 mile radius of the site proposed, asked for permission to install the antenna on those structures and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings, antenna support structures of other communication phone companies, other communications (fire, police, etc.), and other tall structures. The Borough may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.
(6)
Tower height.
(a)
The applicant shall submit justification that the proposed tower does not exceed the minimum height required to function according to reasonably acceptable industry standards. Industry standards shall be submitted as part of the conditional use application. The height of the tower shall be determined by the distance from grade to top of the support tower.
(7)
Tower setbacks.
(a)
If a new tower support structure is constructed, the minimum distance between the base of the support structure and any lot line or street right-of-way shall be 115% of the tower's height but in no case less than 30 feet. Associated supports and guide wires shall not be located within the required setbacks.
(8)
The proposed tower must be erected to comply with manufacturer requirements and accepted engineering standards and the applicant must submit certification by a duly licensed engineer, competent in the field, that the tower is structurally sound for the purposes intended. The communication tower shall be securely anchored in a fixed location on the ground, and the applicant shall provide qualified documentary evidence that the proposed structure will withstand wind, snow, ice and other natural forces. The applicant also shall demonstrate that the proposed tower and support structure are safe and adequate clear area according to industry standards is available in case of support structure failure, radio frequency, falling ice or other debris. The antenna mounted on any tower, building or structure shall comply with FCC rules on radio frequency emissions. All of the foregoing shall be certified by a duly licensed engineer, competent in the field, and by an expert competent in radio emission standards.
(9)
The tower, or the yard area containing the tower, shall be protected and secured by a fence to guarantee the safety of the general public. Fencing shall consist of galvanized chain link, eight feet in height, and installation of anticlimbing safety devises will be required at a minimum to demonstrate compliance with this chapter. All guy wires associated with guyed communications towers shall be clearly marked so as to be visible at all times and shall be located with a fence enclosure.
(10)
The applicant shall submit a site plan or survey of the lot for the tower certified by licensed land surveyor or engineer. If a site plan or survey is prepared by an engineer, the plan or survey must contain a statement referencing the source of the information contained in the plan or survey. The boundary survey source information, at minimum, shall include the name and registration number of the surveyor who prepared the survey and the date and drawing number of the survey.
(11)
Only one communication tower shall be permitted per lot.
(12)
The applicant shall have the burden of proof to demonstrate a high degree of probability that the placement and use of the tower will not endanger the health, safety and welfare of the public.
(13)
The applicant will provide, at the Borough's request, copies of FCC licenses for all users of the facility. Conditional use approval is contingent upon the maintenance of FCC licenses for all users. Any grant of conditional use hereunder will automatically expire if said license ever expires.
(14)
Communication tower owners shall be responsible for removing all antennas whose licenses have expired. Removal of an antenna for which a license has expired shall occur within six months following the expiration date of the license(s). Such activity shall be subject to the bonding requirements as specified by Sections 509 and 510 of the Municipalities Planning Code.[1] If the communications tower itself remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the tower within six months of the expiration of such twelve-month period.
[1]
Editor's Note: See 53 P.S. §§ 10509 and 10510, respectively.
(15)
Landscaping. Outside of the required fencing, a landscaping screen of evergreen trees planted 10 feet on center and a minimum six feet in height shall be required on all sides of said fencing except where an opening/accessway exists.
(16)
In order to reduce the number of antenna support structures needed in the Borough in the future, the proposed support structure shall be constructed to accommodate multiple antennae for other users, including other cellular phone companies, and police, fire and ambulance companies and other public and emergency management entities. The applicant, its successor(s) or assign(s) shall file written certification that said requirements will be complied with and agrees that if the applicant fails to do so, the conditional use shall become null and void.
(17)
The communication tower and support structures fewer than 200 feet in height should be painted silver or have a galvanized finish retained in order to reduce the visual impact. Where a communication tower and support structure are located within an existing woodland setting, the communication tower and support structure shall be painted dark green.
(18)
Communication antennas shall comply with all applicable standards established by the FCC governing human exposure to electromagnetic radiation.
(19)
Additional standards. In addition to the foregoing, Borough Council may apply the following standards to applications for conditional use for communication towers and communication facilities as it deems warranted:
(a)
Inspection. The Borough Council may require periodic inspections of communication towers to insure structural integrity. Such inspections may be required by owners as follows:
(b)
Inspections shall be conducted by an engineer licensed by the Commonwealth of Pennsylvania. The result of such inspections shall be provided to the Borough. Based upon results of an inspection, the Borough may require repair or removal of a communication tower.
(c)
Equipment in a communication facility shall be automated to the greatest extent possible to reduce traffic and congestion. The applicant shall provide a written statement describing anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and traffic, noise, or safety impact of such maintenance. Where the lot abuts or has access to a collector and local street, access for maintenance vehicle shall be exclusively the means of the collector street. A surfaced and maintained driveway with parking inside the fence boundaries must also be constructed.
(d)
When lighting is required and permitted by the Federal Aviation Administration (FAA) or other federal or state authority, it shall be oriented inward so as not to project onto a surrounding lot.
(e)
Review letters from Allegheny County and/or FAA shall be submitted that determine any flight path hazards, prior to the site plan approval.
(f)
The applicant shall submit a copy of its current FCC license; the name, address and emergency telephone number for the operation of the communications tower and 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 communications tower and communications antennas.
(g)
The applicant may be required to execute a developer's agreement with the Borough Council in a form acceptable to the Borough Solicitor. Such agreement may include compliance with bonding requirements as specified by Sections 509 and 510 of the Municipalities Planning Code.[2]
[2]
Editor's Note: See 53 P.S. §§ 10509 and 10510, respectively.