A.
A fence or freestanding wall may be erected within
the limits of any yard. The height of any fence or wall shall be limited
to six feet in a residential district; a fence which is no more than
four feet high may be erected in any residential front yard, eight
feet in a commercial district and 10 feet in an industrial district.
Retaining walls and private terraces without walls, roofs or other
enclosures may be erected to greater height up to a fifty-percent
increase for that district. Fences erected around tennis courts, basketball
courts, backstops and similar recreational facilities are exempt from
height limitations. Within any residential district, no enclosure
shall be permitted that causes physical harm, such as barbed wire
or electric fences and razor, spike or broken glass-topped fences
and walls, etc.
[Amended 9-10-2018 by Ord. No. 430-18]
B.
Where any multifamily dwelling abuts any single-family
district, the owner of the multiple-family dwelling shall, before
using said property, construct a fence or wall not less than four
feet and not over six feet in height, of such design, construction
and location as to substantially impair passage by persons or pets
from such multifamily dwelling to and from such single-family use.
C.
Every swimming pool with a surface area of at least
75 square feet or a depth of two feet or more shall be enclosed by
a fence or wall not less than five feet high to prevent uncontrolled
access by small children.
D.
In all industrial districts, there shall be required
a greenbelt area 20 feet in width adjacent to any residential district
for all industrial establishments or buildings which have not gone
into operations at the time of enactment of this chapter within one
year of the issuance of a building permit. The greenbelt area shall
be comprised of at least three rows of relatively closely planted
trees or shrubs. The individual rows shall contain the following plantings
as a minimum: the row immediately adjacent to any residential district,
evergreen type trees or shrubs placed such that at maturity said evergreens
will touch each other; middle row, soft wood type trees spaced at
no more than 20 feet apart; the row immediately adjacent to the industrial
district, hardwood-type trees spaced at no more than 40 feet apart.
Existing wooded areas may be used as a greenbelt area, if approved
by the Planning Commission. The evergreen row immediately adjacent
to a residential district may be substituted by a visually solid fence,
if approved by the Planning Commission. Industrial district property
abutting public road rights-of-way are not required to provide a greenbelt
area along said property lines. Greenbelts shall be maintained and
kept in proper appearance by the owners of the industrial establishments.
Garage sales, as defined in this chapter, shall
be permitted from any structure no more than two times per year. The
total number of calendar days per year that such sales can be conducted
from one residence or other structure shall be limited to 10 days.
Temporary signs may be permitted for garage sales; however, all garage
sale-related signs must be removed immediately upon completion of
the garage sale. A zoning certificate shall be required, for length
of time and number and location of temporary signs, before any such
sales are permitted to operate.
Off-street loading and parking spaces, as defined
in this chapter, shall be provided in accordance with the specifications
in this section, in all districts except in the C-1 District, whenever
any new use is established or an existing use is enlarged.
A.
Off-street loading. Every building or use which requires
the receipt or distribution by vehicles of material, merchandise and/or
customers shall provide off-street loading berths in accordance with
the table below. Each loading space shall be not less than 12 feet
in width, 35 feet in length, and 14 feet in height.
|
Uses
|
Square Feet of
Floor Area
|
Required
Off-Street
Loading Berths
|
|---|---|---|
|
Schools
|
15,000 or more
|
1
|
|
Undertakers and funeral parlors
|
5,000
|
1
|
|
For each additional 5,000 or major fraction
thereof
|
1
| |
|
Hotels and offices: commercial, whole-sale,
manufacturing and storage
|
10,000 or more
10,000 to 25,000
25,000 to 40,000
40,000 to 60,000
60,000 to 100,000
|
1
1
2
3
4
|
|
For each additional
|
1
| |
|
50,000 or major fraction thereof
|
additional
| |
|
Hospitals (in addition to space for ambulance)
|
10,000 to 300,000
For each additional
300,000 or major fraction thereof
|
1
1
additional
|
B.
Off-street parking.
(1)
Size and access. Each off-street parking space shall
not be less than 10 feet in width and 20 feet in length, exclusive
of access drives or aisles, and be in usable shape and condition.
Except in the case of single-family dwellings, no parking area shall
contain less than three spaces. There shall be adequate ingress and
egress to all parking spaces. Parking area shall be designed to provide
sufficient turnaround area so that vehicles are not required to back
onto any roads which are classified arterial or collector. Where a
lot does not abut on a public or private alley or easement of access,
there shall be provided an access drive leading to the parking or
storage areas or loading spaces. Such access drive shall not be less
than 15, nor more than 30 feet wide. Access to off-street parking
areas shall be limited to several well-defined locations, and in no
case shall there be unrestricted access along the length of street
or alley.
(2)
Number of parking spaces required. The number of off-street
parking spaces required is set forth below. Where the use of the premises
is not specifically mentioned, requirements for similar uses shall
apply.
|
Off-street Parking Space Requirements
| |
|---|---|
|
Uses
|
Required Parking Spaces
|
|
Animal hospital and boarding of animals
|
1 for each 5 kennels, minimum 3 spaces
|
|
Automobile sales and services garages
|
1 for each 400 square feet of floor area
|
|
Banks or professional offices
|
1 for each 100 square feet of floor area
|
|
Bowling alleys
|
5 for each alley
|
|
Car washes
|
5 for each wash line
|
|
Churches or schools
|
1 for each 3.5 seats in an auditorium or 1 for
each 17 classroom seats, whichever is greater
|
|
Community building and social halls
|
1 for each 50 square feet of floor area
|
|
Driving ranges and miniature golf
|
1 for each tee
|
|
Dwellings
|
2 for each family or dwelling unit, including
space in garage
|
|
Food supermarkets
|
1 for each 100 square feet of floor area
|
|
Funeral homes, mortuaries
|
10 for first parlor, 5 for each additional parlor
|
|
Furniture or appliance stores
|
1 for each 100 square feet of floor area
|
|
Hospitals, nursing or convalescent homes
|
1 for each 2 beds
|
|
Hotels and motels
|
1 for each living or sleeping unit
|
|
Manufacturing plants, research testing laboratories
|
1 or for each 500 square feet of floor area
|
|
Medical or dental offices
|
10 for each doctor or dentist
|
|
Restaurants, taverns and nightclubs
|
1 for each 2.5 seats
|
|
Retail stores and shops
|
1 for each 100 square feet of floor area
|
|
Rooming, housing and dormitories
|
1 for each 2 bedrooms
|
|
Service stations
|
4 for each service bay
|
|
Sports arenas, auditoriums, theaters, assembly
halls
|
1 for each 3.5 seats
|
|
Trailer or monument sales
|
1 for each 2,500 square feet of lot area
|
|
Wholesale establishments
|
1 for each 2 employees on shift. The total parking
area shall not be less than 25% of the building floor area.
|
(3)
Location of the parking areas. Required parking spaces
shall be located on the same lot with the principal use. The Planning
Commission may permit parking spaces to be located on any lot wholly
within 300 feet from the lot of the principal use if located in the
same zoning district as the principal use, and the Planning Commission
finds that it is impractical to provide parking on the same lot with
the principal use.
(4)
Screening. Off-street parking areas for more than
five vehicles, and off-street loading areas, shall be effectively
screened on each side which adjoins any residential district with
a four-foot visually solid fence.
(5)
Minimum distances and setbacks. No off-street loading
or parking area for more than five vehicles shall be closer than 10
feet to any adjoining property.
(6)
Surfacing. With the exception of single-family dwellings
and drive-in theaters, all parking areas shall have a paved surface
with cement, asphalt or tar and chip, which is graded and drained
to dispose of all surface water, and designed to provide for orderly
and safe loading and parking.
Primarily commercial activities such as a bakery,
candy, pastry, confectionery or ice cream retail sales establishment
which has minor manufacturing directly associated with the retail
sales is permitted in the C-1 and C-2 Districts, provided that the
following requirement is met:
A.
Not more than five persons shall be employed during
any one shift in the manufacturing portion of the business.
A.
Service stations. A service station, as defined in
this chapter, shall meet the following additional requirements: no
street entrance or exit for vehicles, and no portion or equipment
of such service station shall be located within 200 feet of any school,
park or playground conducted for and attended by children, or within
100 feet of any hospital, church or public library, or within 75 feet
of a lot in a residence district as established in this chapter. No
equipment above the surface of the ground for the service of motor
vehicles shall be closer than 30 feet to any street line or highway,
nor closer than 15 feet to any property line.
B.
All drive-in uses. The width of any entrance driveway
leading from the public street to a service station or other drive-in
facility, as defined in this chapter, shall not exceed 30 feet at
its intersection with the curbline or edge of pavement. No two driveways
leading from a public street to a service station or other drive-in
use shall be within 30 feet of each other at their intersection with
the curb or street line. Parking and vehicle access shall be so arranged
that motorists are unable to back over sidewalks or into streets.
Junkyards, as defined in this chapter, are permitted
in the M-1 District, if the following requirements are met:
A.
In addition to those requirements specified in § 72-30, Walls, fences and screening, junkyards shall be completely screened on all sides with a visually solid fence or wall at least eight feet in height and not more than 10 feet in height.
B.
All junk shall be stored or arranged so as to permit
access by firefighting equipment and to prevent the accumulation of
water, and with no junk piled to a height of more than six feet, or
the height of one vehicle.
C.
No oil, grease, tires, gasoline, interiors of vehicles
or other similar material shall be burned at any time.
D.
Any junkyard shall be maintained in such a manner
as to cause no public or private nuisance, nor to cause any offensive
or noxious sounds or odors, nor to cause the breeding or harboring
of rats, flies or other vectors.
A zoning certificate may be given by the Zoning
Officer, for a period not to exceed one year, for nonconforming uses
incidental to housing and construction projects in any district and
including, but not limited to, such structures and uses as storage
of building supplies, machinery or a real estate office located on
the tract being offered for sale, provided that such permits are issued
only upon agreement by the owner to remove the structure upon the
final expiration of the permit and discontinue the use or uses. Such
permit may be renewed for one additional year by the Borough Council
after recommendation of the Planning Commission.
No use, land or structure in any district shall
involve any element or cause any conditions that may be dangerous,
injurious, or noxious to any other property or persons in Lake City
Borough. In cases involving performance standards, the Planning Commission
may require a plan of the proposed construction or development, a
description of machinery proposed, and techniques to be used, and
Borough Council may obtain qualified expert consultants to testify
as to whether a proposed use will conform to the performance requirements.
The cost of such service shall be borne by the applicant. Furthermore,
every use of land or structure in any district must observe the following
performance requirements:
A.
Fire protection. Fire protection and fighting equipment
acceptable to the Board of Fire Underwriters shall be readily available
when any activity involving the handling or storage of flammable or
explosive materials is carried on.
B.
Electrical disturbances. No activity shall cause electrical
disturbances adversely affecting radio or other equipment in the neighboring
area.
C.
Noise. Noise which is determined to be objectionable
because of volume or frequency shall be muffled or otherwise controlled,
except fire sirens and related apparatus used solely for public purposes,
which shall be exempt from this requirement. Objectionable noise levels
shall be construed as being those in excess of 60 dB at the property
line.
D.
Smoke. The maximum amount of smoke emission permissible
shall be determined by the use of the Standard Ringlemann Chart issued
by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2
will be allowed.
E.
Odors. In any district no malodorous gas or matter
shall be permitted which is discernible on any adjoining lot or property.
This shall not apply to any form of fertilizer in districts where
agriculture is a permitted use.
F.
Air pollution. No pollution of air by fly ash, dust,
vapors or other substance shall be permitted which is harmful to the
health, or to animals, vegetation or other property.
G.
Glare. Lighting devices which produce objectionable
direct or reflected glare on adjoining properties or roads shall not
be permitted.
H.
Erosion. No erosion by wind or water shall be permitted
which will carry objectionable substances onto neighboring properties.
Agricultural activities are exempt from this requirement.
I.
Water pollution. The method for discharging wastes
to public sewers, drains or watercourses shall be acceptable to the
State Department of Environmental Protection.
Any land used for a mobile home or mobile home
park is subject to the provisions of Chapter 41 of the Lake City Borough
Code, entitled "Mobile Homes and Mobile Home Parks."
A.
Individual mobile homes, as defined in this chapter,
are permitted in the R-C District if the following requirement are
met:
B.
Mobile home parks, as defined in this chapter, are
permitted in the R-C District if the following requirements are met:
(1)
Minimum park frontage: 100 feet.
(2)
Minimum park setback from street or highway right-of-way:
35 feet.
(3)
Minimum total area of park: two acres.
(4)
Minimum mobile home lot size: 5,000 square feet.
(5)
Minimum distance a mobile home or addition thereto
may be placed to any adjoining property: 35 feet.
(6)
Side and rear lines of mobile home parks which abut
an R-A or R-B District within the borough shall be screened with a
visually solid fence at least four feet in height.
(7)
All parks shall be connected to the public sewage
treatment plant where such facilities are available within 500 feet.
(8)
All parks shall be connected to the public water supply
where available within 500 feet, and each mobile home and the park
proper shall either be metered or pay a minimum water bill as is customary
throughout the borough.
(9)
Not less than 10% of the total gross area of the park
must be improved for playgrounds and recreational activities for the
residents of the park.
(10)
All parks shall meet all applicable requirements of Chapter 57 of the Lake City Borough Code, entitled "Subdivision and Land Development."
(11)
All parks shall comply with Chapter 41, Mobile
Homes and Mobile Home Parks, as to requirements, street layout and
widths and all other matters as set forth therein.
All signs and billboards, as defined in this
chapter, require a zoning certificate before being erected and are
permitted in the various zoning districts if the following requirements
and conditions are met:
A.
R-A District.
(1)
One real estate sign with a total sign area that does
not exceed four square feet.
(2)
Garage sale signs with a total area for each sign that does not exceed two square feet (see also § 72-31).
(3)
Political signs are permitted as follows: Two political
signs per lot, each sign no more than four square feet in total area.
Such signs shall be removed within five days following a primary or
general election.
(4)
Home occupation signs are prohibited in the R-A District.
(5)
Self-illuminated signs are prohibited in the R-A District.
(6)
Moving signs are prohibited in the R-A District.
B.
R-B District.
(1)
One real estate sign with a total sign area that does
not exceed six square feet.
(2)
Garage sale signs with a total area for each sign that does not exceed three square feet (see also § 72-31).
(3)
Political signs as provided in the R-A district.
(4)
One home occupation sign with a total sign area that
does not exceed four square feet.
(5)
Self-illuminated signs are prohibited in the R-B District.
(6)
Moving signs are prohibited in the R-B District.
C.
R-C District.
(1)
One real estate sign with a total sign area that does
not exceed eight square feet.
(2)
Garage sale signs with a total area for each sign that does not exceed four square feet (see also § 72-31).
(3)
Political signs as provided in the R-A District.
(4)
One home occupation sign with a total sign area that
does not exceed six square feet.
(5)
Self-illuminated signs are permitted in the R-C District.
(6)
Moving signs are prohibited in the R-C District.
D.
C-1 District.
(1)
Signs directly relating to a use conducted on the
premises, provided that the total area in square feet of all such
signs, including signs on marquees and canopies, shall not exceed
the number of lineal feet of street frontage, and no individual projecting
sign shall exceed 30 square feet in area, subject to the following
provisions:
(2)
One real estate sign with a total sign area that does
not exceed 10 square feet.
(3)
Political signs as provided in the R-A District.
(4)
One home occupation sign as provided in the R-C District.
(5)
Self-illuminated signs are permitted in the C-1 District.
(6)
Moving signs are permitted in the C-1 District.
E.
C-2 District.
(1)
Signs directly relating to a use conducted on the
premises as provided in the C-1 District.
(2)
One real estate sign as provided in the C-1 District.
(3)
Political signs as provided in the R-A District.
(4)
Self-illuminated signs as provided in the C-1 District.
(5)
Moving signs as provided in the C-1 District.
(6)
Billboards with a total area for each sign that does
not exceed 100 square feet. Billboards shall not be closer than 200
feet to each other on the same side of the road.
F.
M-1 District.
(1)
Signs directly relating to a use conducted on the
premises as provided in the C-2 District.
(2)
One real estate sign as provided in the C-2 District.
(3)
Political signs as provided in the R-A District.
(4)
Self-illuminated signs as provided in the C-2 District.
(5)
Moving signs as provided in the C-2 District.
(6)
Billboards with a total area for each sign that does
not exceed 200 square feet. Billboards shall not be closer than 400
feet to each other on the same side of the road.
A.
Home occupations, as defined in this chapter, shall
be clearly incidental and secondary to the use of the dwelling unit
for residential purposes. Home occupations may include, but are not
limited to: art studios, dressmaking, teaching or professional offices.
However a home occupation shall not be interpreted to include commercial
stables, kennels, restaurants or auto repair services. The following
additional requirements shall be observed:
B.
The occupation may be customarily carried on in a
dwelling unit; and
(1)
The occupation is carried on by a member or members
of the immediate family residing in the dwelling unit, with not more
than two employees outside the family;
(2)
The occupation is carried on wholly within the principal
structure or accessory structure;
(3)
There shall be no exterior display, exterior sign
other than permitted by this chapter, no exterior storage of materials
and no other exterior indication of the home occupation or variation
from the residential character of the principal structure;
(4)
No offensive odor, vibration, noise, smoke, dust,
heat or glare shall be produced; and
(5)
The occupation shall occupy no more than 30% of the
principal structure.
Camps, campgrounds and recreational camps, as
defined in this chapter, are permitted in the R-C District if the
following requirements are met:
A.
No travel trailers, as defined in this chapter, motor
homes or tents shall be permitted unless public toilet, shower and
washroom facilities are furnished within 150 feet of all camp sites.
B.
No travel trailer, motor home or tent shall be occupied
for more than a total of five months in any one year.
C.
Any land used as a recreational camp shall also be
subject to the provisions of Chapter 41 of the Lake City Borough Code
entitled "Mobile Homes and Mobile Home Parks."
Residential occupancy is permitted within the
C-1 District if the following requirements are met:
Business services, as defined in this chapter,
are permitted in every district if the following condition is met:
A.
A zoning certificate shall be required as to the type
of retail sales and to the duration of the business before a business
service is permitted within the borough.
The outside of all structures for which a building
permit has been issued shall be visually completed within a period
of time from the date construction is started, as required in the
following table. The applicable outside parts, such as the foundation,
roof and exterior walls, are finished, including painting (except
block, brick or prefinished materials), and that all exterior doors
and windows are installed. It shall also include that the lot be cleared
of debris and graded.
|
Completion Time Limits:
| |
|---|---|
|
New residential construction
|
Within 1 year
|
|
New garages
|
Within 1 year
|
|
New nonresidential construction
|
Within 1 year
|
|
Any additions to gross floor area
|
Within 1 year
|
|
Demolition or miscellaneous construction
|
Within 6 months
|
|
which does not increase floor area
| |
A.
Floodplains. The location and boundaries of land subject
to periodic flooding shall be determined by reference to the U.S.
Department of Housing and Urban Development, Federal Insurance Administration
Flood Hazard Boundary Maps. Only the most updated version of these
maps shall be referred to. These maps and data are to become part
of the Lake City Borough Zoning Map.
B.
Lake Erie bluff setbacks.
(1)
Stationary structure and accompanying sewage and water
facilities must comply with the following setback regulations. Movable
dwellings (i.e. mobile homes or other readily transportable residences)
may be considered an exception to this rule if they comply with the
regulations of the underlying district. Accompanying sewage and water
facilities for movable dwellings, however, must comply with setback
regulations.
(2)
The Lake Erie bluff setback delineation shall be based
upon the following requirement:
(a)
The land adjacent to the Lake Erie bluff line
extending inland for a distance of 100 feet measured horizontally.
The term "bluff line" shall mean the edge or crest of the elevated
segment of the shoreline above the beach or beach terrace which is
subjected to erosion caused by wave attack.
These resident structures are subject to the
following requirements:
A.
Apartment buildings, condominiums, townhouses, boardinghouses, hotels, motels, etc. are considered unit buildings regardless of ownership, owner/renter or lease time status. The standards governing development of such structures shall be the same as is prescribed for multifamily units in §§ 72-21 and 72-22 of this chapter.
B.
Prior to the approval of such structures, the Zoning
Officer shall be provided with an approved copy of the declaration
plan required for condominiums by current state law, if applicable.
Any other requirements that are applicable to these type of structures,
such as PA Department of Labor and Industry regulations, must also
be complied with, and any permit and/or plan required by the commonwealth
must be provided to the Zoning Officer.
Resident treatment facilities are permitted
in the R-B, R-C and C-1 District. Placement treatment facilities are
permitted in the R-C and C-1 District. Such uses shall meet the following
requirements:
A.
Evidence that all applicable federal, state, county
and local laws, rules, regulations and ordinances (including those
dealing with fire protection and other safety requirements, the number
and qualifications of personnel required, etc.) have been met, and
will be complied with, concerning the use of an existing structure
or construction of a new facility, and the operation of the facility,
once occupied.
B.
Evidence that all necessary permits, licenses, certifications
and other approvals for the facility and for its operator and/or personnel
or employees, have been obtained from federal, state, county and local
government agencies and/or courts, as applicable, and will be kept
in effect.
C.
A paved parking area(s) with: one off-street parking
space for each employee and/or operator on maximum attendant shift;
and one off-street parking space for every two care recipient beds,
which may be utilized for recipients' or visitors' parking, as applicable.
[Added 10-15-2001 by Ord. No. 347-01]
Wireless, personal wireless services, communications
and other antennas, facilities and communications equipment buildings
placed in the Borough of Lake City shall meet the following requirements:
A.
Building-mounted communications antennas shall not
be located on any single-family dwelling or two-family dwelling.
B.
Building-mounted communications antennas shall be
permitted to exceed the height limitations of the applicable zoning
district by not more than 20 feet.
C.
Omnidirectional or whip communication antennas shall
not exceed 20 feet in height and seven inches in diameter.
D.
Directional or panel communications antennas shall
not exceed five feet in height and three feet in width.
E.
Any applicant proposing communications antennas to
be mounted on a building or other structure shall submit written evidence
from a Pennsylvania registered professional engineer certifying that
the proposed installation will not exceed the structural capacity
of the building or other structure, considering wind and other loads
associated with the antenna location. All such certifications must
be signed by and under seal of the engineer.
F.
Any applicant proposing communications antennas to
be mounted on a building or other structure shall submit derailed
construction and elevation drawings indicating how the antennas will
be mounted on the building or the structure for review by the Borough
Engineer or other appropriate Borough official to ensure compliance
with applicable laws.
G.
Any applicant proposing communications antennas to
be mounted on a building or other structure shall submit with the
application written evidence of agreements and/or easements necessary
to provide access to the building or structure on which antennas are
to be mounted so that installation, placement and maintenance of the
antennas and communications equipment building can be accomplished.
The use shall be authorized only to the extent of written leases and/or
easements as in effect, and termination of such lease(s) and/or easement(s)
shall result in the immediate removal of all communications antennas
and/or communications equipment buildings authorized thereunder.
H.
Communications antennas shall at all times comply
with all applicable standards established by the Federal Communications
Commission governing human exposure to electromagnetic radiation.
I.
Communications antennas shall not cause radio frequency
interference with other communications facilities in the Borough of
Lake City.
J.
The owner or operator of the communications antennas
shall be licensed by the Federal Communications Commission to operate
such antennas.
K.
A communications equipment building or related structure
shall be subject to the height and setback requirements of the applicable
zoning district for an accessory structure.
L.
No signs or lights shall be mounted on a communications
equipment building except as may be required by the Federal Communications
Commission or other governmental agency having appropriate jurisdiction.
M.
Where not accompanying a communications tower or other
tower, a communications equipment building shall be enclosed by a
fence having openings not greater than nine square inches which is
not less than six feet and not greater than eight feet in height measured
from ground level.
N.
Access shall be provided to the communications equipment
building by means of a public street or easement to a public street.
An easement shall be a minimum of 20 feet in width and shall be improved
to provide year-round access; provided, that in residential use districts,
where practicable, easements shall not be improved if access to the
communications equipment building is otherwise assured without such
measures and development of an improved access surface would be out
of character us to adjacent uses.
O.
The applicant must submit with the application;
(1)
A copy of its current Federal Communications
license;
(2)
The name, address and emergency telephone number
for the operator;
(3)
A certificate of insurance evidencing general
liability coverage in the minimum amount of $1,000,000 per occurrence
for personal injury and property damage coverage covering the communications
antennas and any communications equipment building, naming the owner
of the real estate where the facilities are located and the Borough
of Lake City as additional insureds.
P.
In the event of any change, alteration, modification,
suspension or termination of licensure, ownership, operator identity,
insurance, leases, easements or other items required to be submitted
with an application, the owner of the said communications antennas
and/or communications equipment building shall, in writing, within
10 days after such event, notify the Borough Code Administrator of
such event and provide copies of all documents pertinent to the event
as may relate to compliance with these regulations.
Where expressly permitted in a zoning district
under this chapter, a permit shall be issued and shall remain in effect
subject to all of the following regulations:
B.
Communications towers, alternative tower structures
and other towers shall comply with all applicable regulations of the
Federal Aviation Administration and Commonwealth Bureau of Aviation
and applicable Airport Zoning Regulations.
C.
Any applicant proposing construction of a new communications
tower, alternative tower structure or other tower shall demonstrate
that a good faith effort has been made to obtain permission to mount
the communications antennas, personal wireless facilities or other
antennas or facilities of an existing building, structure, communications
tower, alternative tower structure or other tower. A good faith effort
shall require that all owners of potentially suitable structures within
a one-half-mile radius of a proposed communications tower, alternative
tower structure or other tower site be contacted, and that one or
more of the following reasons for not selecting such structure(s)
apply:
(1)
The proposed antennas and related equipment
would exceed the structural capacity of the existing structure and
its reinforcement cannot be accomplished at a reasonable cost.
(2)
The proposed antennas and related or like equipment
would cause radio frequency interference with other existing equipment
for that existing structure and the interference cannot be prevented
at a reasonable cost.
(3)
Such existing structures do not have adequate
location, space or height to accommodate the proposed equipment or
to allow it to perform its intended function.
(4)
Addition of the proposed antennas and related
or other equipment would result in electromagnetic radiation from
such structure exceeding applicable standards established by the Federal
Communications Commission governing human exposure to electromagnetic
radiation.
(5)
A commercially reasonable agreement could not
be reached with the owners of such buildings, structures or communications
towers.
D.
Substantiation of the good faith effort required under Subsection C shall be in writing, signed by the applicant or an authorized representative of the applicant, and shall meet the following requirements:
(1)
Existing structures considered shall be identified.
(2)
Approximate costs of reinforcing existing structures
and/or eliminating radio frequency interference shall be stated.
(3)
Finding with respect to structural integrity,
potential radio frequency interference, inadequate location, space
or height, electromagnetic radiation and cost estimates shall be signed
by and under the seal of a registered Pennsylvania professional engineer.
E.
Access shall be provided to the communications tower,
alternative tower structure or other tower and any communications
equipment building or facility by means of a public street or easement
to a public street. An easement must be at least 20 feet in width
and shall be improved to a width of at least 10 feet with a dust-free,
all-weather surface (tar and chip or paved) for its entire length.
F.
A communications tower may be located on a lot occupied
by other principal structures and may occupy a leased parcel within
a lot meeting lot size requirements for the zoning district.
G.
The applicant shall demonstrate that the proposed
height of the communications tower or alternative tower structure
is the minimum height necessary to perform its function.
H.
The maximum height of any communications tower or
alternative tower structure shall be 150 feet; provided, nevertheless,
that such communications tower height or alternative tower structure
height may be increased to not more than 200 feet so long as the required
setbacks from adjoining property lines (not lease lines) and nearby
buildings or structures are increased by one foot for each one foot
height in excess of the stated general maximum height for the zoning
district. No tower or alternative tower structure not related to a
communications antenna shall exceed the maximum height otherwise authorized
in the zoning district.
I.
The foundation and base of all communications towers,
alternative tower structures and other towers shall be set back from
all nearby or adjacent buildings or structures by not less than the
total height of the communications tower, alternative tower structure
or other tower, including all items mounted upon it, plus 30 feet.
In the case of adjacent residential uses, this setback shall not be
less than 250 feet, regardless of the height of the structure.
J.
Aside from setbacks required from other buildings
and structures, the foundation and base of all communications towers,
alternative tower structures and other towers shall be set back from
adjoining property lines (not lease lines) as follows:
(1)
For any monopole or equivalent tower structure,
not less than the total height of the structure (including all facilities
mounted upon it).
(2)
For any steel lattice or equivalent tower structure
designed so that, upon any collapse, the structure would fold, bend
or collapse upon itself, not less than 70% of the total tower height.
(3)
In any case, the minimum setback shall be not
less than 100 feet for communications towers and total height of the
tower for all other towers.
K.
In applications for a dimensional variance as authorized by this chapter, the Zoning Bearing Board may allow minimum relief necessary from the regulation established in Subsection J(3) where the physical conditions and circumstances of the subject premises and the present and foreseeable development of adjacent properties indicates that such relief would allow the use with no adverse impact to adjacent development, buildings or structures.
L.
Self-supporting tower structure shall be required
for communications towers, alternative tower structures and other
towers.
(1)
The Zoning Hearing Board may grant a variance
from this requirement if, after hearing, it finds that:
(a)
The cost of erecting a self-supporting tower
structure would preclude a provision of adequate service to the public
or erection of a safe antenna or other support structure; and
(b)
The proposed structure would have the least
practical adverse visual impact on the site and adjacent lands and
closely resembles a self-supporting tower structure; and
(c)
The proposed support structure is architecturally
compatible with surrounding buildings and land uses through location
and design and blends in with the existing characteristics of the
site to the extent practicable.
(2)
If any variance from this requirement is granted,
the Zoning Hearing Board shall require that all guy wires associated
with a tower or support structure shall be clearly marked so as to
be visible at all times and shall be located within a fenced enclosure,
and shall attach such other conditions as it deems reasonable.
M.
The base of a communications tower, alternative tower
structure or other tower shall be landscaped so as to screen the foundation
and base and any communications equipment building or other related
accessory building from abutting properties and, in general, make
the site as aesthetically pleasing as possible. The Code Administrator
may permit any combination of existing vegetation, topography, walls,
decorative fences and other means of screening in lieu of landscaping
if they achieve the same degree of screening as would be achieved
by the required landscaping.
N.
Communications towers, alternative tower structures
and other towers shall be painted in a color which best allows them
to blend into the surrounding area unless otherwise required by the
Federal Communications Commission.
O.
The applicant shall submit with the application a
written certification by a Pennsylvania registered professional engineer
that the proposed communications tower, alternative tower structure
or other tower will be designed and constructed in accordance with
the current Structural Standards for Steel Antenna Towers and Antenna
Supporting Structures published by the Electrical Industry Association/Telecommunications
Industry Association, other applicable established standards and applicable
requirements of the Code of the Borough of Lake City. Such certification
must be signed and under the seal of the said engineer.
P.
The site of a communications tower, alternative tower
structure or other tower and any related communications building or
other structure shall be enclosed by a fence having openings of not
greater than nine square inches which is not less than six feet and
not greater than eight feet in height measured from ground level.
Q.
At least two off-street parking spaces shall be provided
within the fenced area.
R.
Any proposed new communications tower or alternative
tower structure for communications antennas, personal wireless facilities
or like equipment shall be located not less than 1,500 feet from an
existing or previously approved communications tower or alternative
tower structure.
S.
No signs or lights shall be mounted on a communications
tower, alternative tower structure or other tower except as may be
required by the Federal Communications Commission, Federal Aviation
Administration or other governmental agency having appropriate jurisdiction.
T.
Communications towers, alternative tower structures
and other towers shall be protected and maintained in accordance with
all applicable provisions and requirements of the Code of the Borough
of Lake City.
U.
The communications tower, alternative tower structure
and other towers must be inspected at the time of its construction
and not less frequently than every two years thereafter by an expert
who is regularly involved in the maintenance, inspection and/or erection
of such structures. At a minimum, this inspection shall be conducted
in accordance with the Tower Inspection Class Checklist provided in
the Electronics Industries Association (EIA) Standard 222, Structural
Standards for Steel Antenna Towers and Antenna Support Structures.
Copies of all such inspection reports shall be filed with the Code
Administrator by the applicant/permittee not later than 30 days after
receipt of the same by the owner or operator, and all deficiencies
noted in such inspection reports shall be remedied promptly by the
owner or operator.
V.
If a communications tower, alternative tower structure
or other tower remains unused for a period of 12 consecutive months,
the owner or operator shall dismantle and remove the communications
tower, alternative tower structure or other tower within six months
after the expiration of such twelve-month period.
