[Amended 5-18-1989 by Ord. No. 1549]
A.
Where the terms "customary" or "similar" are used in defining use,
it shall mean other uses which, in the judgment of the Zoning Administrator,
are similar to and not more objectionable to the general welfare than
the uses listed in the same section. Such use so determined by the
Zoning Administrator shall be regarded as a permitted use.
B.
Essential services. Essential services, as defined in this chapter,
shall be permitted in any zoning district.
C.
Soil removal. Any person, firm or corporation shall not strip, excavate
or otherwise remove topsoil for sale or for use other than on the
premises from which the same shall be taken, except in connection
with the construction, alteration of a building on such premises and
excavation or grading incidental thereto.
Exceptions to height requirements. The maximum height limitations
of this chapter shall not apply to:
A.
Appurtenant structures. Church spire, belfry, cupola, dome, monument,
smokestack, derrick, conveyor, flagpole, radio tower, television tower,
mast, antenna, aerial, roof tank, ventilating, air conditioning and
similar building service equipment; roof structure, chimney and/or
parapet wall, provided that any such structure shall set back from
the vertical plane of the permitted building line one foot horizontally
for each two feet of height which exceeds the maximum height permitted
in the zoning district in which it is located.
B.
Existing designed structures. The vertical extension of a structure
existing at the effective date of this chapter may be erected to such
height as the original drawings of said building indicated, provided
that the building was actually designed and constructed to carry the
additional stories necessary for such height.
[Amended 7-11-1983 by Ord. No. 1358; 7-16-1984 by Ord. No. 1390; 1-21-1984 by Ord. No. 1400; 10-12-1987 by Ord. No. 1469; 12-12-1988 by Ord. No.
1491; 10-11-1993 by Ord. No. 1569]
A.
Number of principal structures on a lot. Only one principal structure
may be permitted on a lot in an R Zone, except in planned residential
developments and for multifamily dwellings.
B.
Lot width and area exceptions for lot of record. A one-family detached
dwelling may be constructed on any lot of record at the effective
date of this chapter as long as such lot contains at least 4,000 square
feet.
C.
Determination of yards and minimum distance to lot lines on irregularly
shaped lots. When any main wall of a structure does not parallel the
lot line which the wall faces, the yard or minimum distance to the
lot line, from any given point along the face of the wall, shall be
equal to the minimum dimension required for that yard or distance
to lot line, whichever is applicable.
D.
Planned residential developments. Under controlled conditions and in accordance with § 470-23 more than one principal structure may be permitted on a lot and required area regulations and yard requirements may be waived, but any such developments must comply with the requirements in § 470-23 for planned residential developments.
E.
Projections into and occupancy of yards, courts or other open spaces.
The following projections into and the occupancy of required yards,
courts or other open spaces, except a porch and/or similar attached
or semidetached accessory structure, shall be permitted, subject to
the following provisions:
(1)
Steps, stoops, window sills, belt courses, eaves, similar architectural
features, rain leaders and/or chimney, provided that it shall not
project more than six feet beyond the face of the wall.
(2)
Exterior stairways, fire towers, balconies, fire escapes or other
required means of egress, provided that it shall not project more
than six feet beyond the face of the wall.
(3)
Trees, shrubs, lawns, flowers, all other vegetation, provided that
no vegetation shall obstruct visual clearance at intersecting streets
by being over three feet in height above the curbline within the triangular
area formed by the intersection of the curblines and a straight line
adjoining said curblines at points which are 15 feet distant from
the point of intersection, measured along said intersecting curblines.
F.
Fences, walls and hedges.
(1)
The yard requirements of this chapter shall not apply to any otherwise
lawful fence, hedge or wall, provided that in any residential district
no fence, hedge or wall shall exceed four feet in height in any front
yard nor six feet in height in any side or rear yard.
(2)
The owners of existing principal structures which are placed to the
rear of the average setback line for the block may extend a side-yard-height
fence, wall or hedge to the average setback line.
(3)
Permits shall be required for the erection of any new fence or wall.
(5)
Nonconformances.
(a)
Any present fence or wall not in compliance with the height limitations as provided in Subsection F(1), (2) and (3) above shall be considered nonconforming as of the date of this chapter, and any subsequent erection of a fence or wall shall comply with the requirements for "Nonconforming Uses," Article XI of this chapter.
G.
Woodpiles. The storage of wood for use as fuel in all zoning districts
of the City shall be permitted so long as wood is stacked in piles
in side and rear yards no higher than six feet.
A.
The temporary erection and use of a real estate office and/or contractor's
storage yard in any R Residential District, provided that:
(1)
The Zoning Hearing Board shall hear and decide such special exception as provided for in Article XIII.
(2)
In cases where such use is incidental and reasonably necessary to
the development of housing or construction purposes, and where the
proposed use is clearly of a temporary nature, to be abandoned as
the adjacent areas become occupied for residential use. Any permit
so authorized shall be only for such limited period of time, and in
no case more than one year, or as the Zoning Hearing Board, considering
the character of the area in question, shall determine is reasonable,
provided that such permit shall be conditional upon written agreement
by the owner to remove any building or other structure erected thereunder,
upon the expiration of the permit.
B.
The reasonable extension of use regulations into another zoning district
over a lot divided by a zoning district boundary line, provided that:
[Amended 5-18-1989 by Ord. No. 1549]
Buildings and uses in commercial and industrial zones may be
illuminated by reflected light, provided that the source of such light
shall be suitably shielded so as not to detract from the quiet enjoyment
of surrounding uses. The Zoning Administrator may, at any time, require
existing lights to be rearranged or shielded to conform. Such an order
may be appealed to the Zoning Hearing Board, but otherwise must be
complied with within 30 days from the date of notification.
[Amended 4-10-1995 by Ord. No. 1591]
In a commercial or industrial district where a permitted nonresidential
use abuts a residential district, in cases of new construction (including
interior and exterior renovations), change of use or change of zoning,
the owner shall provide the following:
A.
Suitable screening consisting of either a compact evergreen hedge
which will reach a height of six feet within three years or a solid
wood fence or unpierced masonry wall six feet in height.
B.
That all screening shall be maintained with a neat, attractive appearance
with no dead plants nor peeling paint.
C.
That all required screening shall be completed within six months
from commencement of construction activities or a change in use or
change in zoning.
D.
Trash or waste storage areas completely enclosed by a solid wood
fence or unpierced masonry wall six feet in height.
E.
A bond to be posted with the City of Warren in the amount of $1,500
to cover the completion of the required screening and to be discharged
after one year from the date of completion if at said time the screening
is in place, properly maintained and in good condition.
A.
A building may be erected or used, and a lot may be used or occupied,
for any lawful purpose except for those purposes specified below or
any purposes substantially similar to any so specified:
(1)
Acetylene gas manufacture, except as consumed by the manufacturer.
(2)
Acid manufacture (hydrochloric, nitric, picric, sulphuric, sulphanic,
carbolic, etc.).
(3)
Ammonia, bleaching powder or chlorine manufacture.
(5)
Animal black, lamp black or bone black manufacture.
(7)
Bone distillation.
(8)
Cement, lime gypsum, or plaster of paris manufacture.
(9)
Creosote treatment or manufacture.
(10)
Curing, tanning or storage of raw hides and skins.
(11)
Dead animals and offal reduction.
(12)
Distillation of bones, refuse, grain or wood (except in the
manufacture of gas).
(13)
Drilling of oil, gas or other minerals, except in industrial
districts.
(14)
Dyestuff manufacture.
(15)
Emery cloth or sandpaper manufacture.
(16)
Explosives, fireworks and gunpowder manufacture or storage thereof.
(17)
Fat rendering.
(18)
Fertilizer manufacture.
(19)
Glue, sizing or gelatin manufacture.
(20)
Incineration, reduction, storage or dumping of slaughter.
(21)
Linoleum manufacture.
(22)
Match manufacture.
(23)
Paper or pulp manufacture.
(24)
Potash works.
(25)
Proxylin manufacture.
(26)
Mining for coal or other minerals.
(27)
Slaughterhouse.
(28)
Soap manufacture.
(29)
Stockyard.
(30)
Asphalt batching plants.
(31)
Mobile homes and mobile home parks.
[Amended 7-11-1983 by Ord. No. 1358]
In-ground and aboveground swimming pools shall be permitted
as a residential accessory use, provided a pool is located in the
rear yard of the dwelling to which it is accessory. Any pool is to
be located 10 feet from any lot line and must be enclosed by a continuous
barrier not less than four feet high nor more than six feet in height.
[Added 1-21-1984 by Ord. No. 1399; amended 6-12-1995 by Ord. No.
1594]
A.
Residential. Satellite discs and dishes are permitted in all residential
districts in the rear yard of lots. Satellite discs and dishes that
are two feet in diameter or less are permitted on the roof or rear
or side walls of a building and not in violation of setback requirements.
Satellite discs and dishes shall not contain additional advertising
except the manufacturer's logo.
B.
Other uses. Satellite discs and dishes are permitted in all other
use districts according to the regulations for residential installations,
or they may be securely installed on the roofs of structures.
C.
Manufacture
and storage of ammunition provided that:
[Added 9-19-2022 by Ord. No. 1966]
[Added 5-21-2007 by Ord. No. 1756]
A.
Adult-oriented establishments pursuant to § 470-30C shall be subject to the following definitions and conditions, as preempted by Pennsylvania Legislative Act 120 of 1996, 68 Pa.C.S.A. § 5501 et seq.
B.
As a conditional use, the application must be reviewed by the City
of Warren Planning Commission and forwarded to Warren City Council
for action. As per the Pennsylvania Municipalities Planning Code,
Act 247, the applicant must demonstrate that the conditions enumerated,
along with other reasonable conditions attached by the City, are met.
C.
ADULT BOOKSTORE
ADULT LIVE ENTERTAINMENT
ADULT MINI MOTION-PICTURE THEATER
BOTTLE CLUB
MASSAGE PARLOR
PROFESSIONAL MASSAGE THERAPIST
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An enclosed building with floor plans which conform to the
requirements of 68 Pa.C.S.A. § 5501 et seq., providing books,
reading material, literature or other objects representing material
distinguished or characterized by the emphasis on matter depicting,
describing, or relating to specified sexual activities, or distribution,
purchase, observation, or review by patrons therein.
Live performance, display or dance of any type which has
as a significant or substantial part of the performance any actual
or simulated performance of specified activities, as defined in this
section, removal of articles of clothing or appearing unclothed, pantomiming,
modeling, or any other personal services offered customers. This definition
does not include any establishments not within the scope of the state
regulation of adult-oriented establishments as set forth at 68 Pa.C.S.A.
§ 5501 et seq.
An enclosed building with floor plans which conform to the
requirements of 68 Pa.C.S.A. § 5501 et seq., with a capacity
for less than 50 persons, used for presenting material distinguished
or characterized by the emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical
areas" (as defined herein for observation by patrons therein).
A place of assembly owned, maintained or leased for pecuniary
gain, in which no intoxicating liquors are sold but where patrons
are permitted to bring intoxicating liquors upon the premises for
their own use and consumption. The floor plan for the place of assembly
shall conform to the requirement of 68 Pa.C.S.A. § 5501
et seq.
An enclosed building with floor plans which conform to the
requirements of 68 Pa.C.S.A. § 5501 et seq., or enclosed
area within a building in which one of the services offered or provided
to the patrons of said enclosed building or enclosed area within a
building consists of body massages, body rubs, or other physical manipulation
of the patron's body.
Any persons providing massage services who: a) has earned
a degree or certificate with a minimum of 500 hours completed curriculum
from a school licensed to teach therapeutic massage techniques or
those who have been certified by the National Certification Board
for Therapeutic Massage and Bodywork (NCBTMB); or b) is working under
the supervision of a licensed physician, licensed nurse, licensed
chiropractor, licensed therapist, or licensed trainer. A minimum of
one professional massage therapist must be on site during all business
hours in which massages occur.
Includes:
D.
Conditions. In addition to the definitions and regulations expressed
in 68 Pa.C.S.A. § 5501 et seq., the following conditions
shall apply. The applicant shall demonstrate compliance with the listed
standards.
(1)
Adult bookstore, adult live entertainment, adult motion-picture theater,
adult mini motion-picture theater, massage parlor, or bottle club
shall be located at least 750 feet from the nearest property line
of any other adult bookstore, adult motion-picture theater, adult
mini motion-picture theater, massage parlor, or bottle club and shall
be located at least 750 feet from the nearest property line of any
residential use, church, school, other institution of learning or
education, hospital, library, park or playground. In addition, the
listed uses of this section shall be located at least 100 feet from
the property line of any commercial or industrial use.
(2)
The aesthetics of design and color scheme of the building, whether
new or remodel, shall be reviewed and approved by the City Planning
Commission and City Council.
(3)
Signage for the proposed establishment shall be a part of the building
and use permit application. It shall be reviewed for color and design
pattern and shall not contain phrases, language or depictions deemed
obscene or offensive by community standards.
(4)
City Council may attach any other reasonable standards or conditions
needed to carry out the intentions of this section. This may include,
but is not limited to, hours of operation, liability insurance, criminal
background checks, and periodic inspections by City personnel.
[Added 3-17-2008 by Ord. No. 1762]
Bed-and-breakfast facilities shall be subject to the following
definition and conditions.
A.
BED-AND-BREAKFAST FACILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The use and occupancy of a single-family detached dwelling
for accommodating transient guests for rent within the requirements
of this chapter.
B.
Conditions.
(1)
Such use shall be accessory to and permitted only for a single-family
detached residential use that is in compliance with all of the applicable
area and bulk regulations of the C-1, C-2, R-2 and R-3 Districts.
Location in an R-1 District will require special exception from the
Zoning Hearing Board.
(2)
No more than five rental units shall be provided, and no more than
four persons may occupy one rental unit.
(3)
At least one bathroom shall be provided per each unit, and guests
must not pass through other guest rooms to access a bathroom.
(4)
A preexisting residence shall retain a residential appearance and
character.
(5)
There shall be no separate kitchen or cooking facilities in any guest
room. All food service shall comply with federal, state and municipal
regulations for the preparation, handling and serving of food.
(6)
One off-street parking space is required for every two available
rental units.
(7)
The owners of the bed-and-breakfast should use the residence as their
primary residence.
[Added 12-19-2016 by Ord.
No. 1887; amended 8-21-2023 by Ord. No. 1972]
A.
ANTENNA
APPLICANT
CO-LOCATION
EMERGENCY
FCC
HEIGHT OF A MASS COMMUNICATIONS TOWER
MASS COMMUNICATIONS ANTENNA
MASS COMMUNICATIONS TOWER
MODIFICATION OR MODIFY
RELATED EQUIPMENT
RIGHT-OF-WAY
SMALL WIRELESS COMMUNICATIONS FACILITY
(1)
(2)
(3)
STEALTH TECHNOLOGY
SUBSTANTIALLY CHANGE OR SUBSTANTIAL CHANGE
WBCA
WIRELESS
WIRELESS COMMUNICATIONS FACILITY (WCF)
WIRELESS SUPPORT STRUCTURE
Terms specific to wireless communications facilities.
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
Any entity or person that applies for a wireless communications
facility building permit, zoning approval and/or permission to use
the public right-of-way, City-owned land, or other property.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
A condition that:
Federal Communications Commission.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a mass communications tower,
including mass communications antennas mounted on the tower and any
other appurtenances.
Any antenna and related equipment attached to a support structure.
Mass communications antennas shall not include support structures
for antennas or any related equipment that is mounted to the ground
or at ground level.
Any structure that is constructed for the primary purpose
of supporting one or more mass communications antennas, including,
but not limited to, self-supporting lattice towers, guy towers and
monopoles. Distributed antenna system hub facilities are considered
to be mass communications towers. A mass communications tower shall
not include towers and supportive structures for amateur purposes,
including but not limited to ham and citizens band radios maintained
and/or utilized by federally licensed amateur radio operators.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion, or replacement does
not substantially change the physical dimensions of the wireless support
structure.
Any piece of equipment related to, incidental to, or necessary
for the operation of a wireless communications facility. By way of
illustration, not limitation, related equipment includes utility or
transmission equipment, power supplies, generators, batteries, cables,
equipment buildings, cabinets and storage sheds, shelters or similar
structures.
The surface and space in, on, above and below any real property
in which the City of Warren has an interest in law or in equity, including,
but not limited to, any public street, boulevard, avenue, road, highway,
easement, freeway, lane, alley, court, sidewalk, parkway, river, tunnel,
viaduct, bridge, park, green space or any other place.
A wireless communication facility that meets the following
criteria:
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume.
Camouflaging methods applied to wireless communications facilities
which render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennas, building-mounted antennas painted to match the existing
structure and facilities constructed to resemble trees, shrubs, flagpoles,
and light poles.
A modification substantially changes the physical dimensions
of a support structure if it meets the criteria established by 47
CFR § 1.6100.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
A freestanding structure, such as a mass communications tower,
or any other support structure that could support the placement or
installation of a wireless communications facility, if approved by
the City.
B.
General and specific requirements for all wireless communications
facilities.
(1)
The following regulations shall apply to all wireless communications
facilities, except those operated by a federally licensed amateur
radio operator:
(a)
Standard of care. All wireless communications facilities shall
be designed, constructed, operated, maintained, repaired, modified
and removed in strict compliance with all current applicable technical,
safety and safety-related codes, including but not limited to the
most recent editions of the Pennsylvania Uniform Construction Code,
American National Standards Institute (ANSI) Code, National Electrical
Code, and the structural standards of the American Association of
State Highway and Transportation Officials or any other industry standard
applicable to the structure. Any wireless communications facilities
shall at all times be kept and maintained in good condition, order,
and repair by qualified maintenance and construction personnel, so
that the same shall not endanger the life of any person or any property
in the City.
(b)
Engineer signature. All plans and drawings included in an application
for a WCF shall contain a seal and signature of a professional engineer,
licensed in the Commonwealth of Pennsylvania.
(c)
Eligible facilities requests.
[1]
Applicants proposing a modification to an existing
WCF shall be required only to obtain a building permit from the City
Zoning Administrator. In order to be considered for such permit, the
applicant must submit a permit application to the City Zoning Administrator
in accordance with applicable permit policies and procedures. Such
permit application shall clearly state that the proposed Modification
constitutes an eligible facilities request pursuant to the requirements
of 47 CFR § 1.6100. The permit application shall clearly
detail all dimensional changes being made to the WCF and wireless
support structure.
[2]
Timing of approval.
[a]
Within 30 calendar days of receipt of an application
for the modification of an existing WCF, the City Zoning Administrator
shall notify the WCF applicant in writing of any information that
may be required to complete such application.
[b]
Within 60 days of receipt of an application for
the modification of an existing WCF, and subject to applicable tolling
procedures as established by federal law, the City Zoning Administrator
shall issue the required building and zoning permits authorizing construction
of the WCF.
(d)
Historic areas. No wireless communications facility may be located
upon any property, or on a building, or structure that is listed on
either the National or Pennsylvania Registers of Historic Places (either
inside or outside the public rights-of-way), or in the City's
Historic District, except as set forth herein. Small wireless communications
facilities in the right-of-way shall be allowed:
[1]
By administrative permit, if the design of such
facility is in full conformance with a prior approved design for the
Historic District under Small Wireless Communication Facility Design
Manual; or
[2]
By special exception. Small wireless communication
facilities outside the right-of-way and antennas affixed to structures
may be allowed by special exception. New wireless support structures
not associated with small wireless communication facilities shall
not be permitted.
(e)
Permits. Zoning, building and/or electrical permits may be required.
The City may assess appropriate and reasonable permit fees directly
related to the City's actual costs in reviewing and processing
the application for approval of a WCF, as well as related inspection,
monitoring and all other related costs. Such fees shall be determined
by Council and are as set forth on the Fee Resolution which may be
amended from time to time.
(f)
Wind. All wireless communications facilities shall be designed
to withstand the effects of wind gusts and sustained winds to the
standard designed by:
[1]
For wood utility poles in the right-of-way, the
National Electric Safety Code (NESC); and
[2]
For City-owned structures, streetlights, and metal
wireless support structures in the right-of-way, applicable American
Association of State Highway and Transportation Officials (AASHTO)
design and construction standards; and
[3]
For all other wireless communications facilities,
the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association (ANSI/TIA-222, as amended).
(g)
Aviation safety. Wireless communications facilities shall comply
with all federal and state laws and regulations concerning aviation
safety.
(h)
Public safety communications and other communications services.
Wireless communications facilities shall not interfere with public
safety communications or the reception of broadband, television, radio
or other communication services enjoyed by occupants of nearby properties.
(i)
Radio frequency emissions. A wireless communications facility
shall not, by itself or in conjunction with other wireless communications
facilities, 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.
(j)
Signs. All WCFs shall be permanently labeled in a readily visible
location identifying the name and phone number of a party to contact
in the event of an emergency. The only other signage permitted on
the WCF shall be those required by the FCC or any other federal or
state agency.
(k)
Removal. In the event that use of a wireless communications
facility is to be discontinued, the owner shall provide written notice
to the City of its intent to discontinue use and the date when the
use shall be discontinued. Unused or abandoned WCFs, or portions of
WCFs, shall be removed as follows:
[1]
All abandoned or unused WCFs and related equipment
shall be removed within two months of the cessation of operations
at the site unless a time extension is approved by the City.
[2]
If the WCF or related equipment is not removed
within two months of the cessation of operations at a site, or within
any longer period approved by the City, the WCF and/or related equipment
may be removed by the City and the cost of removal assessed against
the owner of the WCF. As security, the City reserves the right to
the salvage value of any removed WCF and/or related equipment, if
such WCF and/or related equipment is not removed by the owner within
the specific time frame enumerated in this section.
(l)
Insurance.
[1]
Each person/company that constructs, owns, or operates
either a single or multiple mass communications antennas or small
WCFs shall annually provide the City with a certificate of insurance,
naming the City as an additional insured, and evidencing general liability
coverage in the minimum amount of $1,000,000 per occurrence and property
damage coverage in the minimum amount of $1,000,000 per occurrence
covering the mass communications antenna(s) or small WCF(s). If the
underlying insurance does not permit coverage to extend to additional
insured policies, then the applicant shall purchase an endorsement
to effect such coverage.
[2]
Each person that constructs, owns or operates a
mass communications tower(s) shall annually provide the City with
a certificate of insurance, naming the City as an additional insured,
and evidencing general liability coverage in the minimum amount of
$5,000,000 per occurrence and property damage coverage in the minimum
amount of $5,000,000 per occurrence covering the mass communications
tower(s). If the underlying insurance does not permit coverage to
extend to additional insured policies, then the applicant shall purchase
an endorsement to effect such coverage.
(m)
Indemnification. Each person that owns or operates a WCF shall,
at its sole cost and expense, indemnify, defend and hold harmless
the City, its elected and appointed officials, employees and agents,
at all times against any and all claims for personal injury, including
death, and property damage arising in whole or in part from, caused
by or connected with any act or omission of the person, its officers,
agents, employees or contractors arising out of, but not limited to,
the construction, installation, operation, maintenance or removal
of the WCF. Each person that constructs, owns or operates a WCF shall
defend any actions or proceedings against the City in which it is
claimed that personal injury, including death, or property damage
was caused by the construction, installation, operation, maintenance
or removal of a 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.
(n)
Maintenance. To the extent permitted by law, the following maintenance
requirements shall apply:
[1]
The WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance, inspection
or emergency repair.
[2]
Such maintenance shall be performed to ensure the
upkeep of the WCF in order to promote the safety and security of the
City's residents.
[3]
All maintenance work shall utilize nothing less
than the best available technology for preventing equipment failures
and accidents.
(o)
Removal, replacement, and modification.
[1]
To the extent permitted by law, the removal and
replacement of WCFs and/or related equipment for the purpose of upgrading
or repairing the WCF is permitted, so long as such repair or upgrade
does not substantially change the overall size of the wireless support
structure or the number of WCFs.
[2]
To the extent permitted by state law, any material
modification to a WCF shall require notice to be provided to the City
and possible supplemental permit approval to the original permit or
authorization.
(p)
Timing of approval. The following table details the applicable
timeframe of approval for each type of WCF application:
|
Type of WCF/Application
|
Notice of Incompleteness
|
Final Decision
|
|---|---|---|
|
Eligible facilities request
|
30 calendar days from receipt of initial application; 10 calendar
days from receipt of supplemental application for subsequent notices
|
60 total calendar days from receipt of initial application.
|
|
Mass communications antenna
|
30 calendar days from receipt of application for initial notice;
10 calendar days from receipt of supplemental application for subsequent
notices.
|
90 total calendar days from receipt of initial application.
|
|
Mass communications tower
|
30 calendar days from receipt of application for initial notice;
10 calendar days from receipt of supplemental application for subsequent
notices.
|
150 total calendar days from receipt of initial application.
|
|
Small WCF (co-located)
|
10 business days from receipt of initial or supplemental application.
|
60 total calendar days from receipt of initial application.
|
|
Small WCF (new or replacement wireless support structure)
|
10 business days from receipt of initial or supplemental application.
|
90 total calendar days from receipt of initial application.
|
C.
The following regulations shall apply to mass communications antennas
that do not meet the definition of a small WCF:
(1)
In addition to the applicable regulations enumerated in Subsection B(1) above, the following regulations shall apply only to mass communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act:
(a)
Permit required. Mass communications antenna applicants proposing
structural changes to an existing mass communications tower, which
do not substantially change the dimensions of the existing wireless
support structure or otherwise fall under the WBCA, shall obtain a
building permit from the City. In order to be considered for such
a permit, the applicant must submit a permit application on a form
provided by the City Building and Codes Office, to the City in accordance
with applicable permit policies and procedures.
(b)
Timing of approval for applications that fall under the WBCA.
Within 30 calendar days of the date that an application for a mass
communications antenna is filed with the City, the City shall notify
the applicant in writing of any information that may be required to
complete such application. Within 60 calendar days of receipt of a
complete application, the City shall make its final decision on whether
to approve the application and shall advise the applicant in writing
of such decision. If additional information was requested by the City
to complete an application, the time required by the applicant to
provide the information shall not be counted toward the sixty-day
review period.
(c)
Permit fees. The City may assess appropriate and reasonable
permit fees directly related to the City's actual costs in reviewing
and processing any application for approval of a mass communications
antenna or $1,000, whichever is less.
(2)
In addition to the regulations enumerated in Subsection B(1), the following regulations shall apply to mass communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act and are outside the ROW and do not meet the definition of a small WCF:
(a)
Mass communications antennas are permitted by right in all zoning
districts (except the state-recognized Historic District), so long
as they comply with all of the terms and conditions of this Zoning
Ordinance.
(b)
Special exception authorization required. To the extent permitted
by state and federal law, mass communications antennas are only permitted
by special exception in the City's Historic District. In order
to be considered for special exception authorization, the applicant
must submit documentation and information to the Zoning Hearing Board
demonstrating that the proposed mass communications antenna complies
with all applicable regulations enumerated herein.
(c)
Prohibited on certain structures. No mass communications antenna
shall be located on single-family residences, duplexes, or townhomes.
(d)
Retention of experts. The City may hire any consultant(s) and/or
expert(s) necessary to assist the City in reviewing and evaluating
the application for approval of the mass communications antenna and,
once approved, in reviewing and evaluating any potential violations
of the terms and conditions of these mass communications antenna provisions.
The applicant and/or owner of the mass communications antenna shall
reimburse the City for all costs of the City's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(e)
Development regulations. Mass communications antennas shall
be co-located on existing wireless support structures subject to the
following conditions:
[1]
The total height of any mass communications antenna
shall not exceed 20 feet above the wireless support structure or structure
to which it is attached.
[2]
In accordance with industry standards, all mass
communications antenna applicants must submit documentation to the
City justifying the total height of the mass communications antenna.
Such documentation shall be analyzed in the context of such justification
on an individual basis.
[3]
If the applicant proposes to locate the related
equipment in a separate building, the building shall comply with the
minimum requirements for the applicable zoning district, and landscaping
shall be required to screen as much of the equipment building as possible.
An evergreen screen shall surround the site. The evergreen screen
shall be a minimum height of six feet at planting and shall not exceed
10 feet on center.
(f)
Security fence. A decorative security fence, facing out, with
a maximum height of six feet shall surround any separate communications
equipment building. A fence permit issued by the City Building and
Codes Department is required for the installation of such fence. Vehicular
access to the communications equipment building, or any structure
housing related equipment, shall not interfere with the parking or
vehicular circulations on the site.
(g)
Noncommercial usage exemption. City residents utilizing satellite
dishes and antennas for the purpose of maintaining television, phone,
radio and/or internet connections at their respective residences shall
be exempt from the regulations enumerated in this section. Amateur
radio operators are exempt from the regulations enumerated in this
section.
(h)
Design regulations. Mass communications antennas shall employ
stealth technology and be treated to match the wireless support structure
in order to minimize aesthetic impact. The application of the stealth
technology chosen by the applicant shall be subject to the approval
of the City Code Official.
(i)
Inspection. The City reserves the right to inspect any mass
communications antenna to ensure compliance with the provisions of
the Zoning Ordinance and any other provisions found within the City
Code or state or federal law. The City and/or its agents shall have
the authority to enter the property upon which a mass communications
antenna is located at any time, upon reasonable notice to the operator,
to ensure such compliance. Additionally, the owner and/or operator
of the mass communications antenna shall inspect such mass communications
antenna on an annual basis for compliance with all application regulations
and standards. Proof of inspection shall be provided to the City.
(j)
Financial security. Prior to construction or placement of a
mass communications antenna on City-owned property, the applicant
shall provide to the City a bond in an amount of no less than $50,000
to guarantee the removal of the mass communications antenna. The bond
shall remain in place until the mass communications antenna is removed,
and costs therefor reimbursed to the City if necessary, and shall
apply only to mass communications antennas located outside the public
rights-of-way.
D.
General and specific requirements for all mass communications towers.
(1)
In addition to the requirements of Subsection B(1) above, the following regulations shall apply to all mass communications towers located outside the rights-of-way, that do not meet the definition of a small wireless communications facility, excluding any mass communications tower that is owned and operated by a federally licensed amateur radio operator:
(a)
Notice. Upon submission of an application for a mass communications
tower and the scheduling of the mandatory public hearing in front
of the City Zoning Hearing Board, the applicant shall mail notice
to all owners of every property within 500 feet of the proposed facility.
The applicant shall provide proof of the notification to the City.
(b)
Special exception authorization required. Mass communications
towers are permitted by special exception outside the public rights-of-way
in the I Industrial District at a height necessary to satisfy their
function in the applicant's wireless communications system. No
applicant shall have the right under these regulations to erect a
tower to the maximum height specified in this section unless it proves
the necessity for such height. The applicant shall demonstrate that
the proposed mass communications tower is the minimum height necessary
for its service area.
[1]
Prior to the City Zoning Hearing Board's consideration
of a special exception application authorizing the construction and
installation of a mass communications tower, it shall be incumbent
upon the applicant for such special exception approval to prove to
the reasonable satisfaction of the City Zoning Hearing Board that
the applicant cannot adequately extend or infill its communications
system by the use of equipment such as redoes, repeaters, mass communications
antennas, and other similar equipment installed on existing structures,
such as utility poles or their appurtenances and other available tall
structures. The applicant shall further demonstrate that the proposed
mass communications tower must be located where it is proposed in
order to serve the applicant's service area and that no other
viable alternative location exists.
[2]
The special exception application shall be accompanied
by a propagation study evidencing the need for the proposed tower
or other communications facilities and equipment, a description of
the type and manufacturer of the proposed transmission/radio equipment,
the frequency range (megahertz band) assigned to the applicant, the
power in watts at which the applicant transmits, and any relevant
related tests conducted by the applicant in determining the need for
the proposed site and installation.
[3]
The special exception application shall be accompanied
by documentation demonstrating that the proposed mass communications
tower complies with all state and federal laws and regulations concerning
aviation safety.
[4]
Where the mass communications tower is located
on a property with another principal use, the applicant shall present
documentation to the City Zoning Hearing Board that the owner of the
property has granted an easement for the proposed mass communications
tower and that vehicular access will be provided to the facility.
[5]
The special exception application shall be accompanied
by documentation demonstrating that the proposed mass communications
tower complies with all applicable provisions in this section.
(c)
Development regulations.
[1]
Sole use on a lot. A mass communications tower
shall be permitted as a sole use on a lot, provided that the underlying
lot meets the minimum size specifications set forth in the City Zoning
Ordinance.
[2]
Combined with another use. A mass communications
tower may be permitted on a property with an existing use or on a
vacant parcel in combination with another use, except residential,
subject to the following conditions:
[a]
The existing use on the property may be any permitted
use in the applicable district and need not be affiliated with the
mass communications tower.
[b]
Minimum lot area. The minimum lot shall comply
with the requirements for the applicable zoning district and shall
be the area needed to accommodate the mass communications tower and
guy wires, the equipment building, security fence, and buffer planting
if the proposed mass communications tower is greater than 40 feet
in height.
[c]
Minimum setbacks. The minimum distance between
the base of a mass communications tower and any adjoining property
line or street right-of-way line shall be equal to 100% of the height
of the mass communications tower. The underlying lot must be large
enough to accommodate related equipment, stormwater runoff mechanisms,
and all other features typically found within the immediate area of
a mass communications tower.
(d)
Design regulations.
[1]
The mass communications tower shall employ the
most current stealth technology available in an effort to appropriately
blend into the surrounding environment and minimize aesthetic impact.
Application of the stealth technology chosen by the applicant shall
be subject to the approval of the City Zoning Hearing Board.
[2]
To the extent permissible by law, any height extensions
to an existing mass communications tower shall require prior approval
of the City Zoning Hearing Board.
[3]
Any proposed mass communications tower shall be
designed structurally, electrically, and in all respects, to accommodate
both the applicant's mass communications antennas and comparable
mass communications antennas, for the maximum amount of future users
based on the size of the proposed mass communications tower.
[4]
Any mass communications tower over 40 feet in height
shall be equipped with an anticlimbing device, as approved by the
manufacturer.
(e)
Surrounding environs.
[1]
The applicant shall ensure that the existing vegetation,
trees and shrubs located within proximity to the mass communications
tower shall be preserved to the maximum extent possible.
[2]
The applicant shall submit a soil report to the
City complying with the standards of Appendix I: Geotechnical Investigations,
ANSI/TIA-222, as amended, to document and verify the design specifications
of the foundation of the mass communications tower, and anchors for
guy wires, if used.
(f)
Fence/screen.
[1]
A decorative security fence, facing out, with a
minimum height of 10 feet shall completely surround any mass communications
tower greater than 40 feet in height, as well as guy wires, or any
building housing related equipment. A fence permit issued by the City
Building and Codes Department is required for the installation of
such fence.
[2]
The applicant shall comply with the requirements
for buffer yards and screening as required by the City Zoning Ordinance.
(g)
Related equipment.
[1]
Ground-mounted related equipment associated to,
or connected with, a mass communications tower shall be placed underground
or screened from public view using stealth technologies, as described
herein.
[2]
All related equipment shall be architecturally
designed to blend into the environment in which it is situated and
shall meet the minimum setback requirements of the underlying zoning
district.
(h)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to mass
communications towers. The access road shall be a dust-free all-weather
surface for its entire length. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and minimize soil erosion. Where applicable, the mass communications
tower owner shall present documentation to the City that the property
owner has granted an easement for the proposed facility.
(i)
Parking. For each mass communications tower greater than 40
feet in height, there shall be two off-street parking spaces.
(j)
Inspection. The City reserves the right to inspect any mass
communications tower to ensure compliance with the Zoning Ordinance
and any other provisions found within the City Code or state or federal
law. The City and/or its agents shall have the authority to enter
the property upon which a mass communications tower is located at
any time, upon reasonable notice to the operator and property owner,
if different, to ensure such compliance.
(k)
Engineer inspection. Prior to the Zoning Hearing Board's
issuance of a permit authorizing construction and erection of a mass
communications tower, a structural engineer registered in Pennsylvania
shall issue to the City a written certification of the proposed mass
communications tower's ability to meet the structural standards
offered by either the Electronic Industries Association or the Telecommunication
Industry Association and certify the proper construction of the foundation
and the erection of the structure. This certification shall be provided
during the special exception proceedings before the City Zoning Hearing
Board or, at a minimum, be made as a condition attached to any approval
given such that the certification be provided prior to issuance of
any permits.
(l)
Visual appearance. Mass communications towers shall employ stealth
technology. All mass communications towers and related equipment shall
be aesthetically and architecturally compatible with the surrounding
environment and shall maximize the use of a like facade to blend with
the existing surroundings and neighboring buildings to the greatest
extent possible. The City Zoning Hearing Board shall consider whether
its decision upon the subject application will promote the harmonious
and orderly development of the zoning district and/or surrounding
area involved; encourage compatibility with the character and type
of development existing in the area; benefit neighboring properties
by preventing a negative impact on the aesthetic character of the
community; preserve woodlands and trees existing at the site to the
greatest possible extent; and encourage sound engineering and construction
principles, practices and techniques.
(m)
Co-location and siting. An application for a new mass communications
tower shall demonstrate that the proposed mass communications tower
cannot be accommodated on an existing or approved structure or building
or on parcels of land or buildings owned by the City of Warren. The
City Zoning Hearing Board may deny an application to construct a new
mass communications tower if the applicant has not made a good faith
effort to mount the mass communications antenna on an existing structure.
The applicant shall demonstrate that it contacted the owners of tall
structures, buildings, and towers within 1/4 of a mile radius of the
site proposed, sought permission to install a mass communications
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.
(n)
Permit required for modifications. To the extent permissible
under applicable state and federal law, any applicant proposing the
modification of an existing mass communications tower, which increases
the overall height of such wireless support structure, shall first
obtain a building permit from the City. Nonroutine modifications shall
be prohibited without such permit.
(o)
Gap in coverage, capacity, or range. An applicant for a mass
communications tower must demonstrate that a significant gap in wireless
coverage, capacity, or range exists in the applicable area and that
the type of mass communications tower being proposed is the least
intrusive means by which to fill that gap. The existence or nonexistence
of a gap in wireless coverage, capacity, or range shall be a factor
in the City Zoning Hearing Board's decision on an application
for approval of a mass communications tower.
(p)
Additional mass communications antennas. As a condition of approval
for all mass communications towers, the WCF applicant shall provide
the City Manager with a written commitment that it will allow other
service providers to co-locate mass communications antennas on mass
communications towers where technologically and economically feasible.
To the extent permissible under federal and state law, the owner of
a mass communications tower shall not install any additional mass
communications antennas without obtaining the prior written approval
of the City Manager.
(q)
Wind. Any mass communications tower structures shall be designed
to withstand the effects of wind gusts and sustained winds of at least
100 miles per hour in addition to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association, and Telecommunications Industry
Association (ANSI/EIA/TIA-222), as amended.
(r)
Height. Any mass communications tower shall be designed at the
minimum functional height. The maximum height of any new mass communications
tower outside the public rights-of-way shall be 100 feet.
(s)
Related equipment. Either a single-story wireless communications
equipment building not exceeding 250 square feet in area, or up to
five metal boxes placed on a pad not exceeding 10 feet by 20 feet
in area housing the receiving and transmitting equipment, may be located
on the site for each unrelated company sharing space on the mass communications
tower.
(t)
Lighting. No mass communications tower shall be artificially
lighted, except as required by law. If lighting is required, the applicant
shall provide a detailed plan for sufficient automatic lighting, demonstrating
as unobtrusive and inoffensive an effect as is permissible under state
and federal regulations. The applicant shall promptly report any outage
or malfunction of FAA-mandated lighting to the appropriate governmental
authorities and to the City Manager.
(u)
Noise. Mass communications towers shall be operated and maintained
so as not to produce noise in excess of applicable noise standards
under state law and the City Code, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only.
(v)
Retention of experts. The City may hire any consultant and/or
expert necessary to assist the City in reviewing and evaluating the
application for approval of the mass communications tower and, once
approved, in reviewing and evaluating any potential violations of
the terms and conditions of these provisions. The applicant and/or
owner of the mass communications tower shall reimburse the City for
all costs of the City's consultant(s) in providing expert evaluation
and consultation in connection with these activities.
(w)
Nonconforming uses. Nonconforming mass communications towers
which are hereafter damaged or destroyed due to any reason or cause
may be repaired and restored at their former location, but must otherwise
comply with the terms and conditions of this section.
(x)
FCC license. Each person that owns or operates a mass communications
tower over 40 feet in height shall submit a copy of its current FCC
license, including the name, address, and emergency telephone number
for the operator of the facility.
(y)
Financial security. Prior to receipt of a zoning permit for
the construction or placement of a mass communications tower, the
applicant shall provide to the City financial security sufficient
to guarantee the construction of the mass communications tower. Said
financial security shall remain in place until the mass communications
tower is fully constructed. Should the mass communications tower be
abandoned by the owner and/or operator and not removed within two
months of such abandonment, the City shall have the authority to remove
the mass communications tower and sell all of its pieces, as well
as related equipment, used in the operation of the mass communications
tower, in order to recover the cost of said removal.
E.
Regulations applicable to all small wireless communications facilities.
The following regulations shall apply to small wireless communications
facilities:
(1)
Location requirements.
(a)
Small WCF inside the public rights-of-way are permitted by right in all City zoning districts, subject to the requirements of this § 470-49.1 and generally applicable permitting as required by the City Code.
(b)
Small WCF outside the public rights-of-way that are co-located on existing structures are permitted by right in all City zoning districts, subject to the requirements of this § 470-49.1 and generally applicable permitting as required by the City Code.
(c)
Small WCFs outside the public rights-of-way that require the installation of a new or replacement wireless support structure are permitted by right in all City zoning districts except the R-1 Residential District, subject to the requirements of this § 470-49.1 and generally applicable permitting as required by the City Code.
(2)
Application procedures.
(a)
Applications for small WCFs shall be submitted to the City Zoning
Administrator.
(b)
Applications for small WCFs shall include the following:
[1]
A cover letter detailing the location of the proposed
site, all equipment being proposed as part of the small WCF, description
of the service range, and a certification that the applicant has included
all information required by the City Code, signed by a representative
of the applicant.
[2]
A before-and-after depiction of the proposed site,
such as a construction drawing, showing all equipment being proposed
as part of the small WCF.
[a]
If the small WCF is proposed for location on an
existing or replacement wireless support structure that currently
supports existing attachments, the depiction shall show the location
and dimensions of all such attachments.
[b]
If installation of a new or replacement wireless
support structure is being proposed, the depiction shall include the
color, dimensions, material and type of wireless support structure
proposed.
[3]
The manufacturer and model, proposed location,
and physical dimensions (including volume) of each piece of equipment
proposed as part of the small WCF.
[4]
An aerial photograph of the proposed site showing
the area within 500 feet of the small WCF. The aerial photograph shall
identify all structures within such radius.
[5]
Photo simulations depicting the small WCF from
at least three locations near the proposed site. The photo simulations
should reflect the proposed design and location of all equipment associated
with the small WCF.
[6]
A written certification by a structural engineer
licensed in the Commonwealth of Pennsylvania confirming that the proposed
small WCF and wireless support structure are structurally sound and
shall not endanger public health and safety.
[7]
A report by a qualified engineering expert which
shows that the small WCF will comply with applicable FCC regulations,
including applicable standards for radiofrequency emissions.
[8]
A certificate of insurance as required by § 470-49.1B(1)(l)[1].
[10]
All application fees required by the City as detailed
in the City fee schedule.
(c)
Resubmission upon denial.
[1]
If the City denies an application for a small WCF,
the City shall provide the applicant with written documentation of
the basis for denial, including the specific provisions of the City
Code on which the denial was based, within five business days of the
denial.
[2]
The applicant may cure the deficiencies identified
by the City and resubmit the application within 30 days of receiving
the written basis for the denial without being required to pay an
additional application fee. The City shall approve or deny the revised
application within 30 days of the application being resubmitted for
review.
(d)
Consolidated applications. A single applicant may not submit more than one consolidated or 20 single applications for co-located small WCFs in a thirty-day period. If the City receives more than one consolidated application or 20 single applications within a forty-five-day period, the applicable timeframe under § 470-49.1B(1)(n) will be extended by 15 days.
(3)
Location and development standards.
(a)
Small WCFs in the public ROW requiring the installation of a
new wireless support structure shall not be located in front of any
building entrance or exit.
(b)
All small WCFs shall comply with the applicable requirements
of the Americans with Disabilities Act and all City Code requirements
applicable to streets and sidewalks.
(c)
Any underground vaults related to small WCFs shall be reviewed
and approved by the City's DPW Director and UCC Commercial Inspector.
(d)
Small WCFs outside the public ROW shall be sited on City-owned
property as a first priority. If a WCF applicant is proposing the
construction of a small WCF outside the ROW on private property owned
by a party other than the City, it shall be incumbent on the WCF applicant,
as a prerequisite to approval of the application, to provide evidence
to the City that the WCF applicant has explored the possibility of
siting the small WCF on City-owned property and has found such siting
to be technically infeasible.
(4)
Time, place, and manner. Once approved, the City shall determine
the time, place and manner of construction, maintenance, repair and/or
removal of all small WCFs in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
(5)
Obstruction. Small WCFs and related equipment shall be located
so as not to cause any physical or visual obstruction to pedestrian
or vehicular traffic, create safety hazards to pedestrians and/or
motorists, or to otherwise inconvenience public use of the ROW as
determined by the City.
(6)
Graffiti. Any graffiti on a small WCF, including the Wireless
support structure and any related equipment, shall be removed at the
sole expense of the owner within 14 calendar days of notification
by the City.
(7)
Design standards. All small WCFs in the City shall comply with
the requirements of the City Small Wireless Communications Facility
Design Manual. A copy of such shall be kept on file at the City Building
and Codes Department.
(8)
Obsolete equipment. As part of the construction, modification
or replacement of a small WCF, the applicant shall remove any obsolete
or abandoned equipment from the wireless support structure.
(9)
Relocation or removal of facilities. Within 90 days following
written notice from the City, or such longer period as the City determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a small WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
WCF when the City, consistent with its police powers and applicable
Public Utility Commission regulations, shall determine that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(a)
The construction, repair, maintenance or installation of any
City or other public improvement in the right-of-way;
(b)
The operations of the City 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 that constitutes a clear and immediate danger to
the health, welfare, or safety of the public as determined by the
City.
(10)
Time limit for completion of construction. The proposed co-location,
the modification or replacement of a wireless support structure or
the installation of a new wireless support structure with small WCF
attached for which a permit is granted under this section shall be
completed within one year of the permit issuance date unless the City
and the applicant agree in writing to extend the period.
(11)
Reimbursement for ROW use. In addition to permit fees as described
in this section, every small WCF in the ROW is subject to the City's
right to fix annually a fair and reasonable fee to be paid for use
and occupancy of the ROW. Such compensation for ROW use shall be directly
related to the City's actual ROW management costs including,
but not limited to, the costs of the administration and performance
of all reviewing, inspecting, permitting, supervising and other ROW
management activities by the City. The owner of each small WCF shall
pay an annual fee to the City to compensate the City for the City's
costs incurred in connection with the activities described above.
Such fees shall comply with the applicable requirements of the Federal
Communications Commission.
F.
Police powers. The City, by granting any permit or taking any other
action pursuant to this section, does not waive, reduce, lessen, or
impair the lawful police powers vested in the City under applicable
federal, state, and local laws and regulations.
[Added 9-19-2022 by Ord. No. 1966]
A.
The manufacture and/or storage of ammunition (as defined in § 470-87) shall be permitted as a special exception in accord with the following:
(1)
An application for a special exception must be submitted to,
and is subject to determination by, the City of Warren Zoning Hearing
Board; and
(2)
Such use shall be limited to areas zoned as M-1 Manufacturing
and Industrial Districts; and
(3)
Such use shall not be located within 250 feet of a residentially
zoned area, school, daycare, in-patient healthcare facility, park,
place of worship, or commercial lodging; and
(4)
Any business engaged in the manufacture and storage of ammunition
shall comply with all applicable state and federal requirements; and
(5)
A hardwired smoke/fire alarm meeting the requirements of the
International Building Code and the Uniform Construction Code and
servicing all areas of the building and linked to a central monitoring
station shall be installed and shall be operational at all times;
and
(6)
Prominent signs shall be installed on all sides of the property/building
indicating that flammable powders are stored on site; and
(7)
The business shall allow City of Warren Fire Department personnel
to routinely, or upon request, tour the business to conduct pre-incident
planning (preplanning) so as to be familiar with the facility in the
event of an emergency; and
(8)
An emergency key lock box, commonly referred to as a "Knox® Box," keyed for the City of Warren Fire Department
must be maintained on the premises and shall contain a master building
key and/or pass card(s) for all doors, including the main entry, the
fire alarm panel key, and alarm panel codes.
