Borough of Franklin Park, PA Express Standards for Permitted and Conditional Uses

This use shall not be detrimental to natural features.

The use of untreated human sewage as fertilizer is prohibited.

Storage of manure, odor- or dust-producing substances shall be located at least 200 feet from the lot line.

Nursery.

The floor area for retail sales shall not exceed 1,200 square feet.

Storage of manure or odor- or dust-producing substances shall be located at least 200 feet from the lot line.

Greenhouse.

The floor area for retail sales shall not exceed 1,200 square feet. The growing area is not considered a sales area.

The heating plant shall be located at least 100 feet from the lot line.

Storage of manure, odor- or dust-producing substances shall be located at least 200 feet from the lot line.

Animal husbandry.

The minimum lot size shall not be less than five acres.

The keeping or raising of livestock on parcels of land less than 10 acres in area shall be limited to the keeping and raising of two head of livestock per one acre.

[Amended 12-19-2018 by Ord. No. 644-2018; 9-15-2021 by Ord. No. 664-2021]

All grazing or pasture area shall be adequately fenced.

Any building used for the keeping or raising of livestock shall be situated not less than 200 feet from any street line, dwelling or well, other than the owner's well, and not less than 100 feet from the owner's well or any lot line.

[Amended 9-15-2021 by Ord. No. 664-2021]

The raising of garbage-fed animals is not permitted.

Riding academies, livery or boarding stables, commercial dog kennels and the raising of animals for fur or skins is not included in this use.

Storage of manure, odor- or dust-producing substances shall be located at least 200 feet from the lot line.

Commercial kennel.

The minimum lot size shall not be less than five acres.

No animal shelter or runs shall be located closer than 200 feet from any lot line adjoining a residential use or zoning district and at least 100 feet from any other lot line.

Storage of manure, odor- or dust-producing substances shall be located at least 200 feet from the lot line.

Outdoor runs and similar facilities shall be constructed for easy cleaning, shall be adequately secured by a fence with a self-latching gate and shall be screened by a six-foot-high compact hedge or one-hundred-percent opaque fence on all sides which are visible from any street or residential lot.

The kennel shall be licensed by the Allegheny County Department of Agriculture, Bureau of Dog and Law Enforcement, if necessary, but shall nevertheless comply with all applicable rules and regulations of the commonwealth and Allegheny County concerning the licensing and registration of animals.

Stable (commercial).

The minimum lot size shall not be less than five acres.

The minimum pasture area for grazing per horse shall not be less than two acres.

All grazing and pasture areas shall be adequately fenced.

No shelter shall be located closer than 200 feet from any lot line.

Storage of manure, odor- or dust-producing substances shall be located at least 200 feet from the lot line.

Farm stand.

[Amended 5-18-2022 by Ord. No. 666-2022]

The minimum lot size shall not be less than five acres.

Size of the structure. The maximum size of the structure of a farm stand provided for in this chapter shall be 100 square feet.

Minimum yards. The minimum yards for all buildings, structures and uses pertaining to a farm stand provided for in this chapter shall be as follows:

Front yard: 100 feet.

Each side yard: 50 feet.

Rear yard: 90 feet.

Farm stands shall provide adequate parking spaces to ensure shoppers' safety and to not impede traffic in any manner. Such parking areas shall have adequate sight distance to ensure safe ingress and egress to the farm market.

There shall be no limit of the number of structures or uses on a lot being used for residential and agricultural purposes, provided that all other provisions of this chapter are in compliance.

Animal husbandry - chickens.

[Added 12-19-2018 by Ord. No. 644-2018]

The minimum lot size shall not be less than two acres.

[Amended 9-15-2021 by Ord. No. 664-2021]

Any building used for the keeping or raising of chickens shall be situated:

[Amended 9-15-2021 by Ord. No. 664-2021]

Behind the rear wall of the principal dwelling located on the lot;

Not less than 50 feet from the rear and side lot lines;

Not less than five feet from the principal dwelling located on the lot; and

Not less than 100 feet from water wells, streams, lakes, ponds, reservoirs, and other water sources.

Manure storage and removal. Storage of manure and other odor- or dust-producing substances shall be located at least 50 feet from all lot lines. All stored manure shall be placed within a fully enclosed container. All manure not used for composting or fertilizing shall be removed from the lot. Chicken coops, runs, and surrounding fenced areas shall be kept free from accumulated manure.

[Amended 9-15-2021 by Ord. No. 664-2021]

Roosters. No person shall keep or harbor any rooster.

[Amended 9-15-2021 by Ord. No. 664-2021]

Chicken coops. Chicken coops are subject to the following requirements:

[Amended 9-15-2021 by Ord. No. 664-2021]

No person shall erect, alter, relocate, or expand a coop without first obtaining a zoning permit from the Borough Zoning Officer. The issuance of a zoning permit shall not obviate the necessity for compliance with all other Borough ordinances. Non-property owners that wish to keep chickens on property that the non-property owner is renting must include written permission from the property owner or landlord that explicitly indicates that the non-property owner has permission to own chickens on the subject property. Such written permission shall be supplied to the Borough as part of the permit application.

All chickens must be kept in a coop, chicken run, or fenced area at all times. During daylight hours, chickens may have access to outdoors via a chicken run. Chickens may also be allowed in a securely fenced yard if supervised so that they cannot stray beyond the premises on which they are secured. The chickens shall be secured within the coop during non-daylight hours.

The minimum coop shall be solid, vermin- and predator-proof and shall provide at least three square feet of area per chicken.

Any chicken run shall be adequately fenced to contain the chickens on the property and to prevent predators from gaining access to the chicken run.

Coops shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Openings, windows, and vents must be covered with vermin-, predator- and bird-proof wire of 1/2-inch hardware cloth.

Materials used for making a coop shall be uniform for each element of the enclosure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or opening are constructed using the same materials. The use of scrap, waste board, or similar material is prohibited.

The coop shall be painted or stained; the color shall be uniform around the coop and shall be in harmony with the surrounding area.

Coops and chicken runs shall be designed to provide safe and healthy living conditions for the chickens and shall provide shade in the warm weather, suitable protection from inclement weather, and adequate ventilation.

Coops and chicken runs shall be kept in good repair and must be capable of being maintained in a clean and sanitary condition, free of vermin and obnoxious odors.

Coops and chicken runs must reasonably prevent the chickens from running at large. Chickens will be considered running at large within the meaning of this section when off the premises.

(i)

Coops and chicken runs shall be open at all times for inspection by the Borough.

Feed and water. Chickens shall be provided with access to feed and clean water at all times. All feed, water, and other such items associated with the keeping of chickens shall be properly stored in a clean and sanitary manner so as to prevent the infestation of rats, mice, or other rodents or vectors.

Nuisance. No person shall keep or harbor chickens in the Borough in a manner that creates an offensive odor, excessive noise, or unsanitary conditions which disturb neighboring residences or threatens public health. Chickens running at large shall be considered a public nuisance.

Veterinary Care. All chickens shall be afforded veterinary care if they are known or suspected to be sick or injured.

Composting. It shall be unlawful for any person to spread or cause to be spread or deposited upon any ground or premises within the Borough any chicken manure. However, chicken manure may be composted on the property where the chickens are housed and the composted material then applied to gardens or yards.

Number of chickens. No less than two chickens per lot, no more than two chickens per acre, and no more than 10 chickens total regardless of lot size are permitted at any time.

[Amended 9-15-2021 by Ord. No. 664-2021]

Slaughtering or butchering. Slaughtering or butchering of chickens for personal consumption or religious practices shall be permitted, provided that it is done wholly on the property where the chickens are kept. Slaughtering or butchering shall be conducted only in an indoor location and any waste created from slaughtering or butchering shall be disposed of in a proper and sanitary manner. Commercial slaughtering or butchering is prohibited.

[Added 9-15-2021 by Ord. No. 664-2021]

(12)

Sale of chickens and eggs. Absent application of the Pennsylvania Right to Farm Act, 3 P.S. § 951 et seq., the commercial sale of chickens and eggs is prohibited.

[Added 9-15-2021 by Ord. No. 664-2021]

Farmers' market.

[Added 5-18-2022 by Ord. No. 666-2022]

Applications for a farmers' market must include:

The name, address, telephone number and emergency contact number of the individual(s) who shall be responsible for managing the farmers' market;

A list of the type of commodities proposed to be offered;

A site plan which shall depict:

The existing improvements on the property;

The number and location of off-street parking areas and driveways;

The location of all unloading and loading areas;

The total area to be occupied by the farmers' market;

The location of each proposed vendor stall; and

The number and location of proposed parking spaces.

The proposed hours of operation;

A plan for the cleanup of litter and disposal of solid waste and recycling;

A plan for restroom facilities;

In the event that the applicant is not the legal or equitable owner of the property on which a farmers' market is proposed, the applicant must submit written approval for such use on the property from the legal owner of the property.

Use regulations.

A farmers' market shall be on a property which has a minimum of 10 acres of land.

A farmers' market shall be temporary and seasonal, shall only be operated between May 1 and October 31 each calendar year, and shall only be operated, including set up and removal of all displays and products, between 7:00 a.m. and 9:00 p.m. where outdoor displays and sale of merchandise may begin no earlier than 10:00 a.m. and must be completed no later than official sunset.

A farmers' market may not be permitted to operate for more than one day in any seven-day period. An applicant may submit a single zoning permit application in order to utilize a property as a farmers' market for multiple, disparate dates within a single calendar year.

The hours of operation open to the public shall not exceed five hours on each day of operation, provided that the vendors may be on site for two hours prior to the hours of operation and two hours after hours of operation for purposes of setup and tear down.

No sound attributable to the Farmers Market, whether cumulatively or individually measured, may exceed the following, as measured on the A weighing scale of the sound level meter when measured at the lot line.

Sixty-five decibels (dBA) between the hours of 10:00 a.m. to 6:00 p.m.; 60 dBA between the hours of 6:00 p.m. to 10:00 p.m.; and 50 dBA between the hours of 10:00 p.m. and 10:00 a.m.

This section shall apply to all sources of sound attributable to the operation, tear down or setup, of a farmers' market, including, but not limited to, amplified or acoustic music, including that performed live and that played via any machine or device intended to produce or reproduce sound; yelling, shouting and the like, including announcements of deals or sale of goods; and noise resulting from machinery or equipment, including motor vehicles and electrical generators. The owner/operator of the farmers' market shall be responsible for ensuring all vendors comply with the requirements of this section.

All operation and activities shall be outdoors, provided that temporary structures, including display stands, booths, tables, and stalls, are permitted, and access to restroom facilities within existing structures may also be permitted. All structures used for farmers' markets shall be temporary and removed on the same day of operation.

Each vendor space in a farmers' market must be at least 10 feet in width.

Parking. Two parking spaces shall be required for each 10 feet in width of vendor space or four parking spaces shall be provided for every vendor participating in the farmers' market, excluding all parking spaces within the farmers' market location, and any parking spaces used by any vendors outside of the farmers' market area.

In the event that a farmers' market is located on a property that has a principal use with days or hours of operation that do not overlap with the days or hours of operation of the farmers' market, any parking spaces serving the principal use may be counted toward the required number of parking spaces for the farmers' market. In the event that a farmers' market is located on a property that has a principal use with hours of operation that do overlap with the hours of operation of the farmers' market, shared parking may be permitted only if the applicant can demonstrate that the parking provided will be sufficient for each use.

Parking areas, service areas, and loading areas shall be designed to prevent soil erosion and to protect the surrounding neighborhood from inappropriate dust and other disturbances and shall be landscaped and screened.

A traffic access and impact study shall be commissioned to assess the impact of the proposed farmers' market on road-related safety and traffic flow on the public and private road systems proposed to serve the development site.

Setbacks.

All farmers' market structures, including display stands, booths, tables, and stalls, shall comply with the principal building setbacks in the district in which they are located unless a more restrictive setback is required by this section.

No farmers' market structures shall be situated such that they interfere with any clear sight triangles or safe pedestrian circulation and vehicular traffic.

Height. All structures, including display stands, booths, tables, and stalls, shall comply with the accessory building height regulations of the zoning district in which it is located.

In the event that a farmers' market will include more than 10 vendors, the applicant must provide event security and adequate traffic controls.

The owner and/or operator of a farmers' market shall have a representative on site during all hours of operation with authority to direct and manage the operations of all vendors participating in the market.

In order to encourage access to locally grown and raised products, to promote sustainability, and to support local agriculture, farmers' markets shall comply with the following additional requirements:

At least 75% of the displayed inventory of products sold shall be farm products such as fruits, vegetables, herbs, grains, eggs, honey, cheese, and the like, or value-added farm products such as baked goods, jams, dried fruit, canned vegetables, syrups, salsas, and the like.

At least 75% of the stands, booths, stalls, tents, and other display structures open during hours of operation shall be operated by a person that grows or raises farm products, or a person that creates value-added farm products by cooking, canning, baking, preserving, roasting, or similar efforts.

Any farm products or value-added farm products offered for sale that are not produced by the vendor shall be clearly marked with the producer's name and location.

All dumpsters or other areas for the collection or storage of recycling or refuse shall be located out of sight of public areas and shall be appropriately screened. All trash and/or recycling generated from a farmers' market shall be privately disposed of immediately following the closing of the operation for the day.

The owner and/or operator and all vendors participating in a farmers' market shall obtain, maintain, and comply with all necessary permits and approvals issued by the appropriate departments and/or agencies of the Commonwealth of Pennsylvania and Allegheny County, and proof of valid permits and approvals shall be provided to the Borough prior to the issuance of an occupancy permit. Copies of valid permits or approvals shall be maintained on site during hours of operation and shall be provided annually by the owner to the Borough and to first responders.

§ 212-1902 Residential use regulations.

The following residential uses are permitted where indicated in § 212-404, subject to the district requirements and any other applicable requirements of the Borough's ordinances:

Single-family dwelling.

All dwelling units shall be situated on permanent brick to grade foundation walls, including footings constructed below the frost line.

Duplex.

All dwelling units shall be situated on permanent brick to grade foundation walls, including footings constructed below the frost line.

All multifamily dwellings shall comply with the provisions of § 212-1903, contained in this article.

Townhouse.

Six units are the maximum number permitted in any one structure.

Dwelling units sharing a common back wall shall not be permitted.

All dwelling units shall be situated on permanent brick to grade foundation walls, including footings constructed below the frost line.

All multifamily dwellings shall comply with the provisions of § 212-1903, contained in this article.

Apartment building.

All dwelling units shall be situated on permanent brick to grade foundation walls, including footings constructed below the frost line.

Conversion.

All exterior architectural changes are subject to the approval of the governing body.

Stairways leading to the second or any higher floor shall be located within the walls of the building wherever practical, and stairways and fire escapes shall otherwise be located on the rear wall in preference to either side wall, and in no case on a front wall or side wall facing a street.

Yard requirements are applicable upon conversion of the structure. Maximum height of the structure shall not exceed the requirements of the district.

Boardinghouse.

The minimum lot area per sleeping room shall be 1,000 square feet in addition to any other lot area requirements.

Conversion of an existing building for boardinghouse purposes shall meet the applicable provisions of § 212-1902E.

Lot area and dimensional requirements shall be as specified for apartment buildings under § 212-501 in the applicable zoning district.

Mobile home park.

All provisions of Chapter 184, Subdivision and Land Development, regulating mobile homes parks in the municipality are met.

The minimum lot size for a mobile home park is five acres.

The minimum number of spaces completed and ready for occupancy before the first occupancy is permitted shall be nine.

Every mobile home slab shall have access to a public or private street in accordance with appropriate subdivision regulations.

All mobile homes shall be situated on the lot in such a manner that the longest side is parallel to the street.

Sewage treatment shall meet the regulations and standards provided by the Department of Environmental Protection.

Minimum lot size per dwelling unit shall be 4,000 square feet.

Each mobile home shall be situated on a concrete slab.

Retirement community for the elderly.

A retirement community for the elderly:

Single-family, two-family, townhouse or apartment units.

Assisted living facility or independent living facility, as defined herein.

Personal care boarding home and/or nursing home, subject to § 212-1904E.

The maximum dwelling unit density shall be 18 units per acre.

If a personal care boarding home or nursing home is proposed as part of the retirement community for the elderly, the minimum site area required for the personal care boarding home or nursing home shall be deducted from the total site area, and the remaining site area shall be utilized to calculate the maximum permitted dwelling unit density in the retirement community.

Recreational facilities appropriate to the needs of the residents shall be provided, subject to approval by Borough Council.

One or more of the following supporting uses may be included in a residential building proposed as an independent living facility or assisted living facility, subject to approval by Borough Council:

Common dining facilities.

Common leisure and/or recreational area.

Postal station for use of the residents and staff only.

Banking facility, including automated teller machine (ATM), for use of the residents and staff only.

Pharmacy and/or medical offices for use of the residents only.

Personal services for the use of the residents only, including beauty shop, barbershop, common laundry facilities, or dry-cleaning valet.

Ice cream parlor and/or florist or gift shop for the use of the residents and their invited guests only.

Elderly day-care center licensed by the Commonwealth of Pennsylvania.

(i)

Taxi, van or similar transportation services for the residents.

Off-street parking for a personal care boarding home or nursing home shall be provided in accordance with the requirements of Article 2200.

Safe vehicular access and areas for discharging and picking up guests shall be provided.

Ingress, egress and internal traffic circulation shall be designed to ensure safety and minimize congestion and the impact on minor streets. The lot shall be served by frontage on a public street.

Total site area shall be a minimum of one acre.

The facility shall be accessible for firefighting purposes and evacuation at all levels and on all sides, otherwise the facility shall not be more than two stories.

Any additional standards that are needed to protect the public health, safety and welfare or to address the unique characteristics of a particular site defined by the Borough Council shall be complied with by the landowner and/or developer.

Bed-and-breakfast.

No more than five bedrooms may be available or used for such use in any building.

Not more than one ground sign shall be permitted on the lot. The maximum permitted sign area shall be 20 square feet.

Service meals shall be limited to breakfast only to overnight guests of the facility.

All off-street parking spaces shall be provided on the lot. The number of off-street parking and loading spaces shall be provided as defined by Article 2200 of this chapter. All parking spaces and driveways shall be surfaced with bituminous, brick, concrete or stone block paving material.

The owner and/or manager of the facility shall reside therein.

An overnight guest shall not occupy the facility for more than 14 consecutive nights in a thirty-day period.

Means of ingress and egress to the lot shall be from an arterial or collector street only.

§ 212-1903 Design standards for multifamily structures and sites.

Applicability. The following site design standards shall be used in the development or redevelopment of all multifamily structures located in the R-3, R-4, M-1 and M-2 Zoning Districts, under Article 1700. No development approval shall be granted nor building permit issued that does not meet these design standards, except as provided herein. In the event that there are conflicting standards with other provisions of other Borough ordinances, the stricter standards shall apply.

Definitions. The following definitions shall apply to this section:

ARTICULATION

Shifts in the plane of walls, offsets, stepbacks, overhangs, and details in order to create variation in a building facade and divide large buildings into smaller identifiable sections.

BALCONY

An unenclosed platform that projects from or recesses into the wall of a building, is surrounded by a parapet or railing on its open side(s), and is entirely supported by the building. When such platform is both roofed and enclosed, it is considered interior space and not a balcony.

BAY WINDOW

A window which projects outward from the building facade in a semicircular, rectangular or polygonal design. The base of the projected area of each bay window shall be at least one foot above the level of the floor, shall not be used as an extension of interior floor space, and shall not span more than eight feet along street-facing facades.

GABLE

The vertical triangular portion of the end of a building created by two sloping planes, extending from the level of the cornice or eaves to the ridge of the roof.

MASS, BUILDING

Refers to the height, width and depth of a building structure.

MASSING

The grouping of three-dimensional building forms to achieve variation.

MULTIFAMILY DEVELOPMENT

A structure or combination of structures in which two or more families cohabitate. "Multifamily" includes attached dwelling units, such as townhouses, as well as attached or detached structures, such as duplexes, triplexes, quadplexes or apartment units.

PARAPET AND CORNICE

"Parapet" is the vertical extension of the main walls of a building above the roofline. "Cornice" is the horizontal projection, molded or otherwise decorated, that crowns the top of the building.

PORCH

A covered, yet unenclosed floor projecting from and structurally connected to a residential building.

SCALE

The relationships of a development and/or its elements, in terms of size, height, bulk, intensity and aesthetics, to one another and the surroundings. Human scale would identify the relationship of building with the human being.

Building design.

Intent and purpose. These building design standards are intended to create and add to the visual interest of Franklin Park's streets; to ensure quality and consistency in building architectural character and style; to ensure compatibility with adjacent development, as applicable; to avoid featureless building massing; to provide building design details to reduce the visual scale of large multifamily buildings; to achieve unity of design through the use of similar materials; to ensure use of building materials that are durable and attractive; and to ensure accessory structures are compatible in design with the primary buildings they serve.

All building plans for multifamily development shall be prepared and sealed by an American Institute of Architects (AIA) licensed architect.

Building height/massing/form.

Intent. These standards are intended to achieve the following purposes:

Provide a distinctive, quality, consistent architectural character and style in new multifamily development that avoids monotonous and featureless building massing and design.

Ensure building design and architectural compatibility within a multifamily development.

As applicable, new building design should respect the context of adjacent residential neighborhoods, including the height, scale, mass, form and character of surrounding development.

Building height, general. See § 212-501 of this chapter for applicable building height standards for each zoning district.

Building length/number of townhome units.

The maximum length of a multifamily residential building shall be 200 feet.

No more than six townhome dwelling units shall be attached in any single row.

Building mass and form.

Multifamily building design should incorporate visually heavier and more massive elements at the building base and lighter elements above the base. A second story, for example, should not appear to be heavier or demonstrate greater mass than that portion of the building supporting it.

The following common building materials are listed in order from heaviest to lightest: stone, brick, wood and stucco.

In instances where the same building material is used in differing colors, darker hues will be considered heavier than lighter hues.

All buildings shall be designed to provide complex massing configurations with a variety of different wall planes and roof planes. Plain, monolithic structures with long, monotonous, unbroken wall and roof surfaces of 50 feet or more are prohibited. At least every 50 linear feet, wall and roof planes shall contain offsets with a differential in horizontal plane of at least four feet. (See Figure 19-1.)

Figure 19-1: Examples of Varied Roof Planes and Wall Surfaces

The facades of townhomes should be articulated to differentiate individual units.

Multifamily buildings.

To the maximum extent practicable, the massing and use of exterior materials on multifamily buildings, including duplexes but not including townhomes, should be arranged so as to give the building the appearance of a large single-family detached home. (See Figure 19-2.)

Figure 19-2: Examples of Multifamily Buildings Resembling Single-Family Homes

Architectural detail: style, roof form, building facades, entries and windows.

Intent. The following guidelines and standards governing architectural detail are intended to provide a distinctive, quality architectural character in new multifamily developments. In particular, architectural details help to reduce the visual scale of multifamily development.

Consistency in architectural style. Each building in a multifamily development should have a definitive, consistent style. Mixing of various architectural styles on the same building dilutes the character of a building and is inappropriate.

Four-sided design required. All sides of a multifamily building shall display a similar level of quality and architectural interest. A building's architectural features and treatments shall not be restricted to a single facade.

Pedestrian-scale entrance required. All building entries adjacent to a collector street or to a public street or private drive with on-street parking shall be human-scaled. Human-scaled entries are those that provide an expression of human activity or use in relation to building size. Doors, windows, entranceways and other features such as corners and offsets can be used to create human scale.

Articulated building fronts. Fronts of buildings should be articulated through the use of bay windows, insets, balconies, porches or stoops related to entrances and windows. (See Figure 19-3.)

Figure 19-3: Example of Articulation of Building Fronts with Windows, Balconies and Insets

Windows.

All multifamily building elevations shall contain windows, except when necessary to assure privacy for adjacent property owners.

At least 15% of each street-facing facade shall be comprised of windows.

Windows should be located to maximize the possibility of occupant surveillance of entryways, recreation areas, and common areas.

Garage doors. Garage doors of attached garages shall not comprise more than 50% of the total length of a multifamily building's front facade. The setback of every two single-bay garage doors or every double garage door shall be offset by at least four feet from the plane of an attached adjacent garage door(s). On lots without alley access, street-facing garages shall not extend forward of the primary building entrance. Side-facing garages are preferable.

Roofs.

All multifamily buildings with pitched roofs shall have a pitched roof with a minimum slope ratio of 6:12.

On buildings where sloping roofs are the predominant roof type, each building shall have a variety of roof forms. For instance, a gable or hip configuration should be used with complementary sheds, dormers and other minor elements. Other roof forms will be considered on a case-by-case basis.

On buildings where flat roofs are the predominant roof type, parapet walls shall vary in height and/or shape at least one foot every 50 feet of building wall length.

Roof forms shall be designed to correspond and denote building elements and functions such as entrances and arcades.

Building materials.

Intent. The following guidelines and standards are intended to:

Unify design through the use of similar materials throughout multifamily developments.

Select high-quality building materials that are durable, attractive and have low-maintenance requirements.

Submittal requirements. Applicants shall submit a sample building material board at the time of preliminary plan approval.

Design guidelines and standards.

Exterior materials:

For all multifamily buildings, an amount no less than 75% of the exterior wall area of each building elevation, excluding gables, windows, doors and related trim, shall be brick, stone or natural wood.

Foundations for all multifamily buildings shall be brick or stone to grade.

Roof materials. Predominant roof materials shall be high-quality, durable material, such as, but not limited to, wood shake shingles, clay or concrete tiles, composition shingles, and asphalt shingles.

Design compatibility required. Detached garages and carports and other accessory structures, including but not limited to grouped mailboxes, storage and maintenance facilities, recreational facilities, picnic shelters, and gazebos, shall incorporate compatible materials, scale, colors, architectural details, and roof slopes as the primary multifamily buildings, except that flat and shed roofs are prohibited.

Articulation of rear walls. Rear walls of detached garages and carports that back onto the perimeter street shall be articulated through the use of one or more of the following elements:

Windows;

A trellis; or

A variety of roof planes.

Landscaping and screening.

Intent. Landscaping, which is a visible indicator of quality development, shall be an integral part of multifamily development and not merely located in leftover portions of the site. Landscaping is intended to visually tie the entire development together, define major entryways and circulation (both vehicular and pedestrian) and parking patterns, and, where appropriate, help buffer less-intensive adjacent land uses. All landscape plans shall be prepared and sealed by an American Society of Landscape Architects (ASLA) licensed landscape architect or prepared by an individual specifically trained and experienced in the field of landscape or horticultural design. All street tree planting shall conform to the standards contained in Ordinance No. 503-01, the Borough of Franklin Park Street Tree Landscaping Design.[1]

Editor's Note: See now Ch. 184, Subdivision and Land Development, § 184-905D(15).

Interference with drainage patterns. Landscaping, fencing and screening shall not impede the flow of drainage from the site.

Plant materials.

Intent. Incorporate a variety of plant species into the planting plan to reinforce neighborhood building clusters, primary accessways and open space areas.

Design guidelines and standards.

Site landscaping shall be placed to define or frame open areas.

Site landscaping shall be placed to accentuate primary vehicular circulation routes.

Site landscaping shall include plants similar in form and scale to existing vegetation in the neighborhood or area.

A variety of plant types, sizes and species should be used so that on-site landscaping displays a variety of leaf size, texture and color.

The use of bioretention areas shall be encouraged as part of the landscaping plan.

Plant materials shall be selected for energy efficiency, drought tolerance, and those that are deer- and disease-resistant.

Each landscaped area, including parking islands, shall be covered in live material. Live material includes trees, shrubs, ground cover and sod. Woody mulch or other natural materials other than exposed gravel and aggregate rock may cover areas not covered in live material.

The minimum tree requirements for multifamily developments are one tree per dwelling unit.

Site perimeter landscaping abutting streets.

Intent. Provide an attractive shaded environment along streets that creates a visual cohesion along streets, helps buffer automobile traffic, focuses views for both pedestrians and motorists, and increases the sense of neighborhood scale and character.

Design guidelines and standards.

Landscaped building setbacks. Building setback areas along all public streets and private drives shall be landscaped with a minimum of one deciduous tree per 40 linear feet of frontage.

Site perimeter landscaping abutting adjoining parcels.

Intent. Reduce the on- and off-site visual impacts of paved areas and buildings and create an attractive buffer while avoiding landscaping that "walls off" the multifamily development from adjacent lower-intensity land uses.

Design guidelines and standards. Each perimeter boundary (other than a street) shall be landscaped with a combination of evergreen (conifers) and shade trees at a ratio of one tree per 40 linear feet of boundary, with fractional requirements rounded up.

Entryway landscaping.

Intent. Entryway landscaping announces and highlights entries into the development for the visiting public and may contrast with or soften hard lines of architecture.

Design guidelines and standards.

Development entryways shall be planted with ornamental plant material, such as ornamental trees, flowering shrubs and perennials, and ground covers.

Planting shall be massed and scaled as appropriate for the entryway size and space.

Landscaping should decrease in scale and increase in detail, color and variety to mark entryways into developments.

Landscaping at street intersections and driveway corners shall "pull back" to open view lines into the site and to create corner features.

Parking lot landscaping.

Intent. Use parking lot landscaping to minimize the expansive appearance of parking lots, provide shaded parking areas, and mitigate any negative acoustic impacts of motor vehicles.

Design guidelines and standards.

Separation of parking spaces and landscaping within parking spaces. Each 10 parking stalls in a row shall be separated from other parking spaces by a landscaped median or berm that is at least 10 feet wide, or by a pedestrian walkway or sidewalk within a landscaped median (minimum width of 10 feet), or by a low decorative fence or wall (maximum height three feet) bordered by landscaping on at least one side. As an alternative, landscaped areas within the parking lot may be clustered in various portions of the lot to achieve the intent of this section.

Perimeter parking area landscaping.

Intent. Use perimeter parking lot landscaping and screening to mitigate the negative on- and off-site visual and acoustic impacts of motor vehicles.

The perimeter of all parking areas shall be screened by either of the following methods:

[i]

A berm three feet high with a maximum slope of 3:1 in combination with coniferous and deciduous trees and shrubs; or

[ii]

A low continuous landscaped hedge at least three feet high, planted in a triangular pattern so as to achieve full screening at maturity; or

[iii]

A low decorative masonry wall three feet high in combination with landscaping (landscaping shall be planted between the wall and the public right-of-way, sidewalk or boundary); or

[iv]

A combination of these methods.

Building foundation landscaping.

Intent. Articulate building facades with landscaping to provide visual interest.

Design guidelines and standards.

Building foundations shall be planted with ornamental plant material, such as ornamental trees, flowering shrubs and perennials, and ground covers.

Planting shall be massed and scaled as appropriate for the entryway size and space.

Landscaping should decrease in scale and increase in detail, color and variety to mark entryways into developments.

Service area screening.

Intent. Service areas create visual and noise impacts on surrounding uses and neighborhoods. These standards visually screen on-site service areas, including trash collection areas, from public rights-of-way and adjacent uses.

Design guidelines and standards.

To the maximum extent feasible, trash containers and collection areas shall be oriented toward rear service corridors. Trash collection or compaction areas shall be located a minimum of 20 feet from any public street, public sidewalk or property line adjacent to a residential use.

Mechanical/utility equipment screening.

Intent. Mechanical and utility equipment can detract from the quality of a development and the character of an area. These standards mitigate the negative visual and acoustic impacts of mechanical and utility equipment systems located in a multifamily development.

Design guidelines and standards.

Mechanical/utility screening shall be an integral part of the building structure and architecture and not give the appearance of being "tacked on" to the exterior surfaces.

Fencing and walls.

Intent. While fences and walls are often necessary to buffer uses, they can create a visually monotonous streetscape. These standards provide fencing and walls that are visually-appealing, complement the design of the overall development and surrounding properties, and provide visual interest to pedestrians and motorists.

Design guidelines and standards.

Applicability. This subsection applies to all perimeter fences and walls.

Setbacks and height.

Solid screening fences greater than three feet in height must be set back a minimum of 15 feet from an adjacent public right-of-way.

Solid screening fences no greater than three feet in height or see-through fences must be set back a minimum of four feet from an adjacent public right-of-way.

No setback is required for fences on an interior property line.

Unless otherwise restricted by Subsection D(11)(b)[2][b] above, the maximum height of a fence or wall shall be eight feet.

Materials. Walls and fences shall be constructed of high-quality materials, such as decorative blocks, brick, stone, treated wood, and ornamental metal. Other materials will be considered on a case-by-case basis. Chain-link fencing shall not be allowed.

Breaks for connection. Breaks in the length of a perimeter fence shall be made to provide for required pedestrian connections to the perimeter of a site or to adjacent development, such as perimeter sidewalks and public trails.

Maximum length. The maximum length of continuous, unbroken and uninterrupted fence or wall plane shall be 50 feet. Breaks in the fence shall be provided through the use of columns, landscaping pockets, transparent sections, and/or a change to different materials.

Landscaping. The setback area between a fence or wall and the public street shall be landscaped with sod, shrubs and/or trees, using a variety of species to display a variety of leaf size, texture and color. Use of landscaping beyond the minimum required in these standards is strongly encouraged to soften the visual impact of fences and walls.

§ 212-1904 Institutional and recreational use regulations.

The following institutional and recreational uses are permitted where indicated in § 212-404, subject to the district requirements and any other applicable requirements of the Borough's ordinances:

Place of worship.

It shall provide safe and adequate traffic flow.

It shall provide adequate ingress and egress of pedestrian flow.

It shall prohibit glare due to site lighting.

It shall provide buffering in conformance with the provisions of Article 2000 of this chapter.

Day care is permitted as a conditional use in places of worship subject to requirements of § 212-1904D, and provided that outdoor play areas shall be sufficiently screened and insulated so as to protect the neighborhood from inappropriate noise and other disturbance, and sufficient facilities for passenger loading and unloading shall be provided.

School or library.

Access to a collector or arterial street is required.

It shall provide safe and adequate traffic flow for passenger vehicles and school buses.

It shall prohibit glare due to site lighting.

It shall provide sufficient screening of outdoor play areas to protect the neighborhood from inappropriate noise and other disturbance.

It shall provide fencing to control pedestrian ingress and egress.

Community center.

The use shall not be conducted as a private, gainful business.

No outdoor recreation area shall be located nearer to any lot line than the required front yard depth.

It shall provide safe and adequate traffic flow.

It shall prohibit glare due to site lighting.

It shall provide sufficient screening of outdoor play areas to protect the neighborhood from inappropriate noise and other disturbance.

It shall provide fencing to control pedestrian ingress and egress.

In all districts, access to a collector or arterial street is required.

Day-care center, day-care home, or group child day-care home.

Proof of a valid license to operate child day-care facilities, issued by the Pennsylvania Department of Public Welfare, shall be provided to the Borough prior to the issuance of an occupancy permit by the Borough for the use.

All day-care facilities shall provide a minimum area for indoor play at a ratio of 40 square feet per child.

All day-care facilities shall provide outdoor play space at a minimum ratio of 65 square feet per child using the outdoor play facility. Long, linear configurations shall be avoided to assure the functionality of the space as a play area. At no point shall the play area be less than 20 feet in width.

The outdoor play area shall adjoin the building where the child day-care facility is located.

The outdoor play area shall be no closer than 30 feet to a private/public street right-of-way or 10 feet to any other property lines.

The outdoor play space shall be completely enclosed by a safe and adequate fence or wall a minimum of four feet in height, unless a greater height is required by the Borough Council. Any outdoor play area potentially susceptible to encountering vehicles leaving the roadway, travel lanes or accessways shall be protected by a barrier capable of preventing the vehicle from entering the play area.

Nonyielding surfaces, such as concrete, asphalt, gravel, etc., are prohibited beneath any piece of permanently installed play equipment. Certain rubber padding may be permissible over hard surfaces when approved by the Borough Council. Nonyielding surfaces shall not exceed 1/4 of the required outdoor play space.

Safe vehicular access and off-street areas for the discharge and pickup of children shall be provided in the following manner:

Minimum dimensions of discharge and pickup areas shall measure eight feet by 55 feet.

Discharge and pickup areas shall be so located and designed so that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way and complete the discharge and pickup without obstructing or interfering with the use of any public right-of-way, any parking space, or parking lot aisle.

No area allocated as a discharge and pickup area may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for discharge and pickup areas. All off-street discharge and pickup areas shall be separated from walkways, sidewalks, parking lot aisles, streets and alleys by curbing or other protective devices, as approved by the Borough Engineer.

In residential districts R-3 and R-4, the use shall be conducted in a building designed as a single-family detached residence or in a structure used for religious purposes. Day-care in a structure used for religious purposes shall be limited to no more than one person per 50 gross square feet of area used or intended for use in the care of persons attending the care facility.

In mixed-use districts, the use shall be conducted in a building designed as a single-family residential structure or used for religious purposes or in areas of other structures not used for residential use.

Sufficient facilities for passenger loading and unloading shall be provided.

Day-care facilities shall comply with Pennsylvania UCC requirements.

Nursing home or personal care boarding home.

A minimum lot area of one acre, plus 800 square feet per resident, shall be required.

No more than 80 resident patients shall be accommodated in any one building devoted entirely to a nursing home or personal care boarding home, or a combination thereof.

The site shall be designed to provide safe and adequate traffic flow, particularly at the change of shifts.

Site lighting shall be designed to eliminate glare on adjoining streets or properties.

Hospital.

It shall provide sufficient facilities for passenger loading and unloading.

It shall provide safe and adequate traffic flow.

It shall prohibit glare due to site lighting.

It shall provide adequate ingress and egress of pedestrian flow.

Cemetery.

The minimum size of a cemetery shall be 10 acres.

The developer shall provide a statement of guaranteed perpetual maintenance before approval is given.

No burial sites shall be within 50 feet of any lot line or 100 feet of a street right-of-way, and no crematorium shall be within 200 feet of any lot line.

Recreational facility (public) or park.

It shall provide safe and adequate traffic flow.

It shall prohibit glare due to site lighting.

It shall provide sufficient screening and buffering to protect the area from inappropriate noise and other disturbance.

Recreational facility (private).

It shall provide safe and adequate traffic flow.

No outdoor active recreation area shall be located nearer to any lot line than 100 feet. This requirement does not apply to tot lots.

It shall provide sufficient screening so as to protect the neighborhood from inappropriate noise and other disturbance.

It shall provide fencing to control pedestrian ingress and egress.

Lights used to illuminate a private recreational facility shall be so arranged and shaded as to reflect light away from adjoining premises and public streets.

The facility shall be closed for operation from 11:00 p.m. to 7:00 a.m.

Country club.

A lot area of not less than 60 acres shall be required.

No building shall be closer than 100 feet to any lot line.

Private club.

It shall be for members and their authorized guests only.

It shall provide safe and adequate traffic flow.

No outdoor active recreation area shall be located nearer to any lot line than 100 feet.

It shall provide sufficient screening so as to protect the neighborhood from inappropriate noise and other disturbance.

It shall provide fencing to control pedestrian ingress and egress.

Emergency service and municipal facility.

It shall provide safe and adequate traffic flow.

It shall prohibit glare due to site lighting.

It shall provide sufficient screening to protect the neighborhood from inappropriate noise and other disturbance.

The foregoing provisions of § 212-1904L shall not apply to any building, facility or street of or in the Borough of Franklin Park, or extension thereof, or to the use of any premises by the Borough or by any agency of the Borough if, at any time hereafter, the Borough Council shall decide that such building, facility, street or extension thereof or that such use of any premises is reasonably necessary for the convenience or welfare of the public.

Halfway house.

Whenever a party or parties seeks to occupy a dwelling or other building as a halfway house, the party or parties shall file a detailed statement of intent with the Borough describing the proposed use of the dwelling or building; such statement shall detail the proposed number and nature of the anticipated occupants to Franklin Park Borough. The party or parties shall obtain a license or certification from the Commonwealth of Pennsylvania or Allegheny County prior to issuance of an occupancy permit. If an appropriate licensing or certifying agency does not exist, the applicant shall demonstrate to the Borough Council that the proposal satisfies a demonstrative need and shall be conducted in a responsible manner.

A halfway house shall be initially licensed, where it has met the requirements set forth by the Borough, through December 31 of the year in which the license is issued. For each year thereafter, if the adult halfway house intends to continue its business, it must renew its license. The application for renewal is due to Franklin Park Borough no later than November 1 of the year preceding the year in which the license renewal is sought. The lack of a license or the failure to seek license renewal on a timely basis shall be a proper basis for the Borough to deny or revoke an occupancy permit for the halfway house.

§ 212-1905 Retail and consumer service use regulations.

The following retail and consumer service uses are permitted where indicated in § 212-404, subject to the district requirements and any other applicable requirements of the Borough's ordinances. All commercial trash containers or dumpsters stored on the outside lot shall be screened so that the container or dumpster is not visible by adjacent property owners. The containers or dumpsters shall be composed of durable materials and shall be complementary to the design of the building or surrounding development.

Convenience store.

All products produced on the premises are sold on the premises at retail.

It shall provide adequate and safe ingress and egress.

Within the M-1 District, the following additional conditions shall be met:

Buffering requirements shall be met when the convenience store is situated adjacent to residential use(s).

Minimum lot size shall be 20,000 square feet.

Gross building area shall not exceed 3,000 square feet.

Convenience stores selling gasoline must comply with gasoline service station requirements.

Eating place and eating place with drive-through facility.

Lane length for customers awaiting service shall be a minimum of 100 feet in length.

There shall be one off-street parking space for every two seats or one off-street parking space for every 100 square feet of gross floor area, whichever requires the greater number of off-street parking spaces, plus one additional space for each employee on the largest shift.

Funeral home or mortuary.

It shall provide safe and adequate traffic flow.

It shall provide for safe assembly of the funeral cortege.

Motel or hotel.

It shall provide safe and adequate traffic flow.

It shall provide on-site capacity for loading and unloading.

Restaurants and taverns are permitted within a hotel or motel establishment as an accessory use.

Entertainment facility.

It shall provide safe and adequate traffic flow standards.

It shall not conduct business between the hours of 12:30 a.m. and 9:00 a.m. at locations within 500 feet of residential district boundaries.

Veterinary facility.

In no event shall animal kennels be allowed as a principal use.

No kennels which are not fully enclosed shall be located within 200 feet of a lot line. In the M-2 and M-3 Districts, all activities shall be within an enclosed building.

Automotive service station.

A lot shall provide a minimum of 200 feet along each street which abuts the lot.

All activities except those to be performed at the fuel pumps shall be performed within a completely enclosed building.

Fuel pumps shall be at least 25 feet from any street right-of-way.

All automobile parts and similar articles shall be stored within a building.

Lubrication, oil changes, tire changes and repairs are permitted if entirely within a building.

Automobile sales.

Within the M-2 District, all sales merchandise which is not within an enclosed structure and additional equipment shall be located outside of required yards as described in § 212-502.

[Amended 11-20-2013 by Ord. No. 606-2013]

Vehicular repair and inspection.

All repair and paint work shall be performed within an enclosed building.

Within the M-2 District, all new and scrap parts shall be within an enclosed structure. All vehicles awaiting repair shall be stored inside a building overnight.

Truck sales.

Within the M-2 District, all sales merchandise which is not within an enclosed structure and additional equipment shall be located outside of required yards as described in § 212-502.

[Amended 11-20-2013 by Ord. No. 606-2013]

Vehicular accessories sales.

Installations of parts shall be in an enclosed structure.

Public parking lot or garage.

No sale, rental, service or repair operations of vehicles shall be performed.

The parking or storage of trucks or trailers shall not be permitted.

All parking areas shall meet the design standards of Article 2200 of this chapter.

Safe and adequate traffic flow is provided.

Glare due to site lighting is prohibited.

Public utility building.

Installation is essential to service such residential areas.

No public business office is operated in connection with it.

A twenty-five-foot buffer yard shall be provided along all lot lines.

A sewage treatment facility is prohibited in residential districts.

Transmission or relay towers are prohibited in residential districts.

Screening shall comply as stated in Article 2000 of this chapter.

There shall be two off-street parking spaces, plus one off-street parking space for each employee normally in attendance at the facility at any time.

Solid waste facility. Such a site can be established as a conditional use within the R-1 District. Establishment of a site shall be in accordance with county and state regulations, including prohibition relating to the storing and/or disposal of hazardous wastes as specified in the latest regulations of the Department of Environmental Protection (DEP) Rules and Regulations.

[Amended 2-15-2017 by Ord. No. 634-2017]

Adult bookstore/video store, adult theater or adult live theater.

The site shall have frontage on and direct access to an arterial or collector street, as defined herein.

No adult bookstore/video store, adult theater or adult live theater shall be located within 400 feet of any property which is zoned residential.

No adult bookstore/video store, adult theater or adult live theater shall be located within 500 feet of any other existing or proposed adult bookstore/video store, adult theater or adult live theater.

No adult bookstore/video store, adult theater or adult live theater shall be located within 500 feet of any school, day care/preschool, hospital, nursing home, group home, group care facility, recreational facility, park, place of worship or establishment which is licensed to serve and/or sell alcoholic beverages.

Persons or owners who intend to operate an adult bookstore/video store, adult theater or adult live theater shall obtain a license to operate from the Borough and shall pay an investigation fee of $500 to the Borough. In addition, such persons or owners shall supply to the Borough detailed information regarding the ownership and financing of the proposed business and proposed hours of operation as required on the licensing application. Applications for licensing shall be filed with the Borough Zoning Officer.

An adult bookstore/video store, adult theater or live adult theater shall be initially licensed when it has met the requirements of this section. The license shall be valid through December 31 of the year in which the license is initially issued. For each year thereafter that the business intends to continue, the owner or operator shall seek a renewal of the license. The application for renewal shall be submitted to the Borough Zoning Officer by November 1 of the year preceding the year for which the license renewal is sought. The lack of a license or failure to renew such license in a timely fashion shall be grounds for the Borough to deny or revoke an occupancy permit for an adult bookstore/video store, adult theater or adult live theater.

Borough Council shall determine reasonable hours of operation so as to protect the citizens of the Borough from any deleterious secondary effects of these establishments.

Wireless communications facilities.

[Amended 2-15-2017 by Ord. No. 634-2017; 9-19-2018 by Ord. No. 645-2018]

General and specific requirements for non-tower wireless communications facilities.

The following regulations shall apply to all non-tower WCF:

Permitted in all zones subject to regulations. Non-tower WCF are permitted in all zones subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Borough.

Non-conforming wireless support structures. Non-tower WCF shall be permitted to collocate upon nonconforming tower-based WCF and other nonconforming structures. Collocation of WCF upon existing tower-based WCF is encouraged even if the tower-based WCF is nonconforming as to use within a zoning district.

Standard of care. Any non-tower WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. Any WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

Wind and ice. All non-tower WCF structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to industry standards.

Aviation safety. Non-tower WCF shall comply with all federal and state laws and regulations concerning aviation safety.

Interference. Non-tower WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. A non-tower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Removal. In the event that use of a non-tower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF, or portions of WCF, shall be removed as follows:

All abandoned or unused WCFs and accessory equipment shall be removed within 180 days of the cessation of operations at the site unless a time extension is approved by the Borough.

If the WCF or accessory facility is not removed within 180 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

[9]

Insurance. Each person that owns or operates a non-tower WCF shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the non-tower WCF.

[10]

Indemnification. Each person that owns or operates a non-tower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the non-tower WCF. Each person that owns or operates a non-tower WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a non-tower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

[11]

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The non-tower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or Emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

The following regulations shall apply to all collocated non-tower WCF that do not substantially change the physical dimensions of the wireless support structure to which they are attached, and/or fall under the Pennsylvania Wireless Broadband Collocation Act[1]:

Building permit required. WCF applicants proposing the modification of an existing tower-based WCF shall obtain a building permit from the Borough. In order to be considered for such permit, the WCF applicant must submit a permit application to the Borough in accordance with applicable permit policies and procedures.

Timing of approval for applications that fall under the WBCA. Within 30 calendar days of the date that an application for a non-tower WCF is filed with the Borough, the Borough shall notify the WCF 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 Borough shall make its final decision on whether to approve the application and shall advise the WCF applicant in writing of such decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the Borough's sixty-day review period. The timing requirements in this section shall only apply to proposed facilities that fall under the Pennsylvania Wireless Broadband Collocation Act.

Accessory equipment. Ground-mounted accessory equipment greater than three cubic feet shall not be located within 50 feet of a lot in residential use.

Permit fees. The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF or $1,000, whichever is less.

Editor's Note: See 53 P.S. § 11702.1 et seq.

The following regulations shall apply to all non-tower WCF that do substantially change the wireless support structure to which they are attached, and/or do not fall under the Pennsylvania Wireless Broadband Collocation Act[2]:

Noncommercial usage exemption. Borough residents utilizing satellite dishes, citizen and/or band radios, and antennae for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the regulations enumerated in this section.

Prohibited on certain structures. No non-tower WCF shall be located on single-family detached residences, single-family attached residences, twin homes, duplexes, or any residential accessory structure.

Conditional use authorization required. Any WCF applicant proposing the construction of a new non-tower WCF, or the modification of an existing non-tower WCF, shall first obtain a conditional use authorization from the Borough. New constructions, modifications, and replacements that do fall under the WBCA shall be not be subject to the conditional use process. The conditional use application shall demonstrate that the proposed facility complies with all applicable provisions in the Borough of Franklin Park Zoning Ordinance.

Historic buildings. No non-tower WCF 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.

Retention of experts. The Borough may hire any consultant(s) and/or expert(s) necessary to assist the Borough in reviewing and evaluating the application for approval of the WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these WCF provisions. The WCF applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation in connection with these activities.

Permit fees. The Borough may assess generally applicable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a non-tower WCF, as well as related inspection, monitoring and related costs.

Development regulations. Non-tower WCF shall be located or collocated on existing wireless support structures, such as existing buildings or tower-based WCF, subject to the following conditions:

The total height of any wireless support structure and mounted WCF shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.

In accordance with industry standards, all non-tower WCF applicants must submit documentation to the Borough justifying the total height of the non-tower WCF. Such documentation shall be analyzed on an individual basis.

If the WCF applicant proposes to locate the accessory equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district.

A security fence of eight feet shall surround any separate communications equipment building. Vehicular access to the communications equipment building shall not interfere with the parking or vehicular circulations on the site for the principal use.

Design regulations. Non-tower WCF 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 WCF applicant shall be subject to the approval of the Borough.

[9]

Removal, replacement and modification.

The removal and replacement of non-tower WCF and/or accessory 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 WCF or the number of antennae.

Any material modification to a WCF shall require notice to be provided to the Borough, and possible supplemental permit approval to the original permit or authorization.

[10]

Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Editor's Note: See 53 P.S. § 11702.1 et seq.

General and specific requirements for all tower-based wireless communications facilities.

The following regulations shall apply to all tower-based wireless communications facilities.

Standard of care. Any tower-based WCF shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

Conditional use authorization required. Tower-based WCF are permitted in certain zoning districts by conditional use and at a height necessary to satisfy their function in the WCF applicant's wireless communications system. No WCF 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 WCF applicant shall demonstrate that the antenna/tower/pole for the tower-based WCF is the minimum height necessary for the service area.

Prior to Borough Council's approval of a conditional use authorizing the construction and installation of tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Borough Council that the WCF applicant cannot adequately extend or infill its communications system by the use of equipment installed on existing structures, such as utility poles or their appurtenances and other available structures. The WCF applicant shall further demonstrate that the proposed tower-based WCF must be located where it is proposed in order to serve the WCF applicant's service area and that no other viable, less-intrusive alternative location exists.

The conditional use application shall be accompanied by a propagation study evidencing the need for the proposed tower or other communication facilities and equipment, a description of the type and manufacturer of the proposed transmission/radio equipment, the frequency range (megahertz band) assigned to the WCF applicant, the power in watts at which the WCF applicant transmits, and any relevant related tests conducted by the WCF applicant in determining the need for the proposed site and installation.

The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

Where the tower-based WCF is located on a property with another principal use, the WCF applicant shall present documentation to the Borough Council that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

[e]

The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all applicable provisions of this chapter.

Notice. Upon submission of an application for a tower-based WCF and the scheduling of the public hearing upon the application, the WCF applicant shall mail notice to all owners of every property within 1,000 feet of the proposed facility. The WCF applicant shall provide proof of the notification to the Borough.

Engineer inspection. Prior to the Borough's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in Pennsylvania shall issue to the Borough a written certification of the proposed WCF'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 conditional hearings 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 building permits.

Visual appearance and land use compatibility. Tower-based WCF shall employ stealth technology which may include the tower portion to be painted silver or another color approved by the Borough Council or shall have a galvanized finish. All tower-based WCF and accessory 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 Borough Council shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district 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 land development design and construction principles, practices and techniques.

Collocation and siting. An application for a new tower-based WCF shall demonstrate that the proposed tower-based WCF cannot be accommodated on an existing or approved structure or building or sited on land owned and maintained by the Borough. The Borough Council may deny an application to construct a new tower-based WCF if the WCF applicant has not made a good-faith effort to mount the commercial communications antenna(s) on an existing structure. The WCF applicant shall demonstrate that it contacted the owners of tall structures, buildings, and towers within a one-quarter-mile radius of the site proposed, sought permission to install an antenna on those structures, buildings, and towers and was denied for one of the following reasons:

The proposed antenna and accessory equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.

The proposed antenna and accessory 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.

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.

A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.

Permit required for modifications. To the extent permissible under applicable state and federal law, any WCF applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall first obtain a permit from the Borough. To the extent permissible under law, nonroutine modifications shall be prohibited without a permit.

Gap in coverage. A WCF applicant for a tower-based WCF must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of WCF being proposed is the least intrusive means by which to fill that gap in Wireless coverage. The existence or nonexistence of a gap in Wireless coverage or capacity shall be a factor in the Borough's decision on an application for approval of tower-based WCF.

[9]

Additional antennae. As a condition of approval for all tower-based WCF, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to collocate antennae on tower-based WCF where technically and economically feasible. To the extent permissible under state and federal law, the owner of a tower-based WCF shall not install any additional antennae without obtaining the prior written approval of the Borough.

[10]

Wind and ice. Any tower-based WCF structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to industry standards.

[11]

Height. Any tower-based WCF shall be designed at the minimum functional height. The maximum total height of a tower-based WCF, which is not located in the public ROW, shall not exceed on 100 feet, as measured vertically from the ground level to the highest point on the structure, including antennae and subsequent alteration. Tower-based WCF in excess of 100 feet shall be permitted provided that the applicant demonstrates to the satisfaction of the Borough that the tower-based WCF is the minimum height required to provide an acceptable signal. Minimum setbacks shall be increased 50 feet for each additional 25 feet in height or fraction thereof over 100 feet. Under no circumstance shall a tower-based WCF structure be higher than 200 feet, as measured vertically from the ground level to the highest point.

[12]

Accessory equipment. Either one single-story wireless communications equipment building not exceeding 500 square feet in area or up to five metal boxes placed on a concrete 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 commercial communications antenna(e) space on the tower-based wireless communications facility greater than 40 feet in height.

[13]

Interference. No tower-based WCF shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

[14]

Maintenance. The following maintenance requirements shall apply:

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the WCF in order to promote the safety and security of the Borough's residents and utilize the best available technology for preventing failures and accidents.

[15]

Radio frequency emissions. A tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

[16]

Historic buildings or districts. A tower-based WCF shall not be located upon a property, and/or on a building or structure that is listed on either the National or Pennsylvania Registers of Historic Places.

[17]

Signs. All tower-based WCFs shall post a sign in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

[18]

Lighting. No tower-based WCF shall be artificially lighted, except as required by law. If lighting is required, the WCF applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations. The WCF applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the Borough Secretary.

[19]

Noise. Tower-based WCF shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

[20]

Aviation safety. Tower-based WCF shall comply with all federal and state laws and regulations concerning aviation safety.

[21]

Retention of experts. The Borough may hire any consultant and/or expert necessary to assist the Borough in reviewing and evaluating the application for approval of the tower-based WCF and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The WCF applicant and/or owner of the WCF shall reimburse the Borough for all costs of the Borough's consultant(s) in providing expert evaluation and consultation regarding these activities.

[22]

Timing of approval. Within 30 calendar days of the date that an application for a tower-based WCF is filed with the Borough, the Borough shall notify the WCF applicant in writing of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such tower-based WCF and the Borough shall advise the WCF applicant in writing of its decision. If additional information was requested by the Borough to complete an application, the time required by the WCF applicant to provide the information shall not be counted toward the 150-day review period.

[23]

Nonconforming uses. Nonconforming tower-based WCF 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.

[24]

Removal. In the event that use of a tower-based WCF is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCF or portions of WCF shall be removed as follows:

All unused or abandoned tower-based WCFs and accessory facilities shall be removed within 180 days of the cessation of operations at the site unless a time extension is approved by the Borough.

If the WCF and/or accessory facility is not removed within 180 days of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

Any unused portions of tower-based WCF, including antennae, shall be removed within 180 days of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF previously removed.

[25]

Permit fees. The Borough may assess generally applicable permit fees directly related to the Borough's actual costs in reviewing and processing the application for approval of a tower-based WCF, as well as related inspection, monitoring, and related costs.

[26]

FCC license. Each person that owns or operates a tower-based WCF 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.

[27]

Insurance. Each person that owns or operates a tower-based WCF greater than 40 feet in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the tower-based WCF. Each person that owns or operates a tower-based WCF 40 feet or less in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

[28]

Indemnification. Each person that owns or operates a tower-based WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

[29]

Engineer signature. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

[30]

Financial security. Prior to receipt of a zoning permit for the construction or placement of a tower-based WCF, the WCF applicant shall provide to the Borough a performance bond in the amount of $20,000 to guarantee the removal of the tower-based WCF. Said financial security shall remain in place until the tower-based WCF is removed.

The following regulations shall apply to tower-based wireless communications facilities located outside the public rights-of-way:

Development regulations.

Tower-based WCF shall not be located in, or within 50 feet of, an area in which utilities are primarily located underground.

Tower-based WCF are permitted outside the public rights-of-way in the following zoning districts by conditional use, subject to the above prohibition:

[i]

R-1 Low-Density Residential District.

[ii]

R-2 Medium-Density Residential District.

[iii]

M-2 Medium-Intensity Mixed-Use Residential, Commercial and Light Industrial District.

[iv]

M-3 High-Intensity Mixed-Use Residential, Commercial and Manufacturing District.

Sole use on a lot. A tower-based WCF shall be permitted as a sole use on a lot, provided that the underlying lot meets the minimum size requirements of this section. For tower-based WCF located in the R-1 or R-2 Districts, the minimum lot area shall be 50 acres. Contiguous properties can be combined to meet the minimum acreage requirements if the properties being combined are under the same ownership.

Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

[i]

The existing use of the property may be any permitted use in the applicable district and need not be affiliated with the WCF.

[ii]

In the R-2 District, a tower-based WCF shall be the principal use of the property, except when located on a farm, golf course, country club, emergency service and municipal facility, municipal buildings and facilities, park, recreational facility (public), or school, where a tower-based WCF shall be an accessory use of the property.

[iii]

Minimum lot area. The minimum lot shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower-based WCF and guy wires, the equipment building, security fence, and buffer planting if the proposed WCF is greater than 40 feet in height.

[iv]

Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed height of the tower-based WCF unless it is demonstrated to the reasonable satisfaction of the Borough Council that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants. All tower-based WCF shall be set back from any residential property line or public street right-of-way a minimum distance of 200 feet.

Design regulations.

The WCF 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 WCF applicant shall be subject to the approval of the Borough.

To the extent permissible by law, any height extensions to an existing tower-based WCF shall require prior approval of the Borough.

Any proposed tower-based WCF shall be designed structurally, electrically, and in all respects to accommodate both the WCF applicant's antennae and comparable antennae for future users.

Any tower-based WCF over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.

Surrounding environs.

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the WCF structure shall be preserved to the maximum extent possible.

The WCF applicant shall submit a soil report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

Fence/screen.

A security fence of eight feet in height shall completely surround any tower-based WCF greater than 40 feet in height, as well as guy wires, or any building housing WCF equipment.

The landscaping shall consist of a screen of evergreen trees planted eight feet on center, each at least four feet in height, and staggered in two rows, located along the perimeter of the security fence. Existing vegetation shall be preserved to the maximum extent possible.

Accessory equipment.

Ground-mounted accessory equipment associated, or connected, with a tower-based WCF shall be placed underground or screened from public view using stealth technologies, as described above.

All accessory equipment, utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to tower-based WCF. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the WCF owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

Parking. For each tower-based WCF greater than 40 feet in height, there shall be two off-street parking spaces.

Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the Zoning Ordinance and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a WCF is located at any time, upon reasonable notice to the operator, to ensure such compliance.

Car wash.

Washing operations shall take place in an enclosed building; except for one outside washing bay.

All driveway and waiting areas shall be paved with a permanent surface and edged with a curb where it abuts grassed areas. Paved areas shall be sloped to an acceptable storm drainage system in accordance with the provisions of Chapter 178, Stormwater Management. Areas of the lot that are not paved shall be landscaped and maintained.

Access shall be limited to two driveways and one additional driveway on a second street where the lot abuts the second street; such driveways shall not exceed 35 feet wide at the lot line. No driveway shall be located within 75 feet of any street intersection, measured from the point of crossing of intersecting street right-of-way lines abutting the lot and the edge of the driveway nearest the intersection.

Shopping center, a neighborhood or community shopping facility which is preplanned and designed as a complex of related structures and circulation patterns, subject to the following additional criteria:

Shopping centers shall have a minimum site area of five acres.

Not more than 20% of the total lot area shall be occupied by buildings.

The following uses shall be permitted in shopping centers: medical office, office professional, retail shops and stores, service business, financial establishment, convenience store, eating place, repair shop, entertainment facility, tavern, vehicular accessory sales and parking facility.

[Amended 11-20-2013 by Ord. No. 606-2013]

Any use of the same general character as any of the above-permitted uses shall be permitted upon approval by the governing body as specified in § 212-1804.

Signs are permitted when erected and maintained in accordance with the provisions of Article 2300. In addition to signs permitted in Article 2300 for individual establishments, one freestanding sign indicating the name of the shopping center shall be permitted, provided that the area on any one side of any such sign shall not exceed 75 square feet, and the location of such sign shall be as designated on or in connection with the required development plan.

The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping.

Outdoor storage and displays shall conform to the provisions of § 212-404G.

The distance at the closest point between any two buildings or groups of units of attached buildings shall not be less than 20 feet.

The proposed development shall be served by adequate water and public sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed.

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind.

Vehicular access to a shopping center shall not be permitted through a residential area and shall occur from a collector street in areas where shopping centers are a permitted use.

§ 212-1906 Industrial use regulations.

The following industrial uses are permitted where indicated in § 212-404, subject to the district requirements and any other applicable requirements of the Borough's ordinances:

Manufacturing.

Within the M-3 District, manufacturing shall be limited to food products, musical and small precision instruments, electrical appliances, metal products of a light nature, including heating and ventilating ducts and equipment, hardware and cutlery and other similar products, manufacturing or assembly of electrical appliances and other uses of a similar and no more objectionable character to those principal uses permitted.

Contracting.

Outdoor storage shall be permitted only in the M-3 District.

Crafts.

Outdoor storage shall be permitted only in the M-3 District.

Vehicle salvage yard.

Any outdoor display of vehicles shall be at least 50 feet from any street right-of-way.

All lubricant and fuel oil substances which are to be stored on the site shall be stored with all necessary precautions taken to prevent their leakage and/or surface or subsurface drainage into streams, creeks or other bodies of water. A plan detailing how these materials will be stored in compliance with this requirement shall be submitted with the application for a zoning certificate.

All hazardous materials shall be stored in a safe manner and, where required, shall be in receipt of a permit for such storage.

Within the M-3 District, all operations shall be within a high fenced area and meet the buffering requirements of Article 2000 of this chapter.

Industrial park.

Industrial parks shall have a minimum site area of 10 acres.

Not more than 35% of the total lot area shall be occupied by buildings.

All industrial uses permitted under § 212-404F shall be permitted.

Any use of the same general character as any other permitted uses shall be permitted upon approval by the governing body.

Signs are permitted when erected and maintained in accordance with the provisions of Article 2300. In addition to signs permitted in Article 2300 for individual establishments, one freestanding sign indicating the name of the industrial park shall be permitted, provided that the area on any one side of any such sign shall not exceed 75 square feet, and the location and orientation of such sign shall be as designated on or in connection with the required development plan.

The proposed development shall be constructed in accordance with an overall plan and shall be designed as a single architectural unit with appropriate landscaping.

Outdoor storage and displays shall conform to the provision of § 212-1907E.

The distance at the closest point between any two buildings or groups of units of attached buildings shall not be less than 20 feet.

The proposed development shall be served by adequate water and public sewage disposal facilities, the adequacy of which shall be demonstrated and guaranteed.

Lighting facilities shall be provided and arranged in a manner which will protect the highway and neighboring properties from any direct glare or hazardous interference of any kind.

Vehicular access to an industrial park shall not be permitted through a residential area and shall occur on one of the collector streets in areas where industrial parks are a permitted use.

Self-storage or warehouse.

The minimum site area shall be three acres.

The site shall have direct vehicular access to an arterial or collector road, as defined by this chapter, and such access shall not be through a street on which the current use of the majority of the lots fronting on the street is single-family dwelling.

Vehicular access to the site shall be limited to one two-way or two one-way driveways from each arterial or collector street on which the site has frontage and which meets the requirements of Subsection F(2) above.

All one-way driveways shall have a minimum of one ten-foot parking lane, plus one fifteen-foot travel lane.

All two-way driveways shall provide a minimum of one ten-foot parking lane plus two twelve-foot travel lanes. Parking lanes shall be eliminated where the driveway does not serve storage units.

All interior driveways shall be paved with an impervious surface sufficient for the loads the driveways are expected to bear.

Buffer areas shall be provided in accordance with the requirements of Article 2000 of this chapter along the property lines which adjoin residential use or zoning classification.

The perimeter of the site shall be fenced with a minimum eight-foot fence with a self-latching gate. The fence shall be supplemented with screening material which creates a visual barrier that is at least eighty-percent opaque.

Maximum building height shall be 20 feet.

The minimum distance from the face of any storage building to the face of any adjacent storage building shall be 28 feet for storage units which are less than 15 feet in depth and 42 feet for storage units which are more than 15 feet in depth.

The minimum distance from the end of any storage building to the end of any adjacent storage building shall be 20 feet.

(12)

The maximum size of any storage building shall be 200 feet in length and 40 feet in width.

(13)

The maximum size of any storage unit shall be 14 feet wide, with a maximum depth of 40 feet, and a maximum height of no more than 20 feet. If storage units are placed back to back within the allowable building size under § 212-1906F(12), the maximum depth of the storage unit shall not exceed 40 feet.

(14)

Maximum lot coverage by all buildings shall be 40%.

(15)

Office space shall be provided which shall not exceed 5% of the total floor area devoted to storage.

(16)

No storage shall take place outside of an enclosed building.

(17)

Storage units shall not be equipped with water or sanitary sewer service.

(18)

No business activity other than rental of storage units shall be conducted on the premises.

(19)

Operations shall be regulated so that nuisances such as visual blight, glare, noise, blowing debris and dust shall not be created.

(20)

Exterior finishes of the storage units shall be compatible with the character of development on adjoining properties.

(21)

The design of the storage buildings shall be sealed by a Pennsylvania-registered architect.

(22)

No signs shall be placed on the buildings or on their rooftops.

(23)

One freestanding business identification sign shall be permitted which complies with the requirements of Article 2300 of this chapter for the zoning district in which the use is located.

(24)

No hazardous materials or substances shall be permitted to be stored in the storage buildings other than those permitted by Chapter 99, Construction Code, Uniform, and Chapter 122, Fire Prevention. Both the landlord and the tenants of the storage buildings shall be responsible for the prevention of the storage of hazardous materials or substances in the storage building that would be beyond the allowance of Chapter 95, Building Construction, and Chapter 122, Fire Prevention.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(25)

A minimum of one fire hydrant shall be provided on the site subject to the approval of the number and location of hydrants by the Borough Fire Marshal.

(26)

The facility shall comply with all local fire codes.

§ 212-1907 Accessory use regulations.

The following accessory uses are permitted where indicated in § 212-404, subject to the district requirements and any other applicable requirements of the Borough's ordinances:

Home occupation.

A home occupation includes but shall not be limited to the following uses:

Teaching of not more than four pupils simultaneously or, in the case of musical instruction, not more than two pupils at a time.

An art studio.

Seamstress, handicrafts or other like activity.

Barbershop and beauty parlor, limited to serving two patrons at a time.

A greenhouse.

The office of a realtor, insurance salesman, physician, lawyer, clergyman, teacher or other like profession.

Home occupation restrictions.

The home occupation shall be carried on wholly indoors and within a dwelling or other structure accessory thereto. If carried on in accessory structure, the minimum lot area shall be two acres.

There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients other than as permitted in Article 2300 of this chapter.

There shall be no exterior storage of materials.

No articles shall be sold or offered on the premises for sale except such as shall be produced on the premises.

Frequent and repetitive servicing by commercial vehicles for supplies and materials shall not be permitted.

The floor area devoted to a home occupation shall not be more than 25% of the ground-floor area of the principal residential structure, excluding garage.

In addition to any family member residing at the address, a home occupation shall not have more than two employees, assistants or associates.

No external alterations shall be made which involve construction features not customary to dwellings.

No-impact home-based business. No-impact home-based businesses are permitted by right in all residential zoning districts as long as the business or commercial activity satisfies the following requirements:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including but not limited to parking, signs or lights, except that the name of the business may be indicated on the residence mailbox, as long as the mailbox sign does not exceed one square foot in area.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in a neighborhood.

The business activity may not generate any solid wastes or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the gross floor area.

The business may not involve any illegal activity.

Residential accessory uses, buildings or structures.

[Amended by 2-15-2017 by Ord. No. 634-2017]

Area and bulk requirements.

Accessory buildings and structures are prohibited within the required front yard or on or attached to roofs.

The accessory structure shall not be larger in height, width, gross floor area, or footprint than the principal structure.

The maximum height for residential accessory structures shall be 15 feet.

All accessory structures shall be situated within required setback lines, except that the following dimensional regulations shall apply to completely detached accessory buildings and structures smaller than 144 square feet in gross floor area.

They may be located within the required side or rear yard as specified in §§ 212-501 and 212-502.

They shall be located a minimum of 15 feet from any side or rear lot line.

Residential accessory structures shall be located a minimum of five feet from the rear of the principal structure on the lot.

The following dimensional regulations shall apply to completely detached accessory buildings and structures larger than 144 square feet and smaller than 600 square feet in area:

They shall not project forward of the rear wall of the principal structure. There shall be a minimum of five feet from the principal structure.

The maximum gross floor area of any accessory structure small be related to the size of the residential lot, in accordance with the following size requirements:

	Size of Residential Lot (square feet)	Maximum Gross Floor Area of Accessory Structure (square feet)
	Less than 10,000	400
	10,001 to 20,000	600
	20,001 to 40,000	800
	More than 40,000	1,000

An accessory structure proposed to exceed the maximum gross floor area requirements above, unless the residential lot is over five acres and the accessory structure is set back at least 200 feet from any property line or street line, shall only be permitted as a conditional use subject to the applicant meeting the general requirements of this subsection as well as the following specific criteria:

An accessory structure that will be used as a detached dwelling unit shall be located on the lot in compliance with all minor subdivision requirements contained in Chapter 184 in the Code of the Borough of Franklin Park, Subdivision and Land Development, as amended.

The applicant shall provide sixty-percent screening at five feet in height, unless the accessory structure is 30 feet or more from a property line.

Residential accessory structure and uses include, but are not limited to:

Parking spaces for the parking of passenger automobiles and the parking of commercial vehicles, not exceeding Class IV loading capacity as defined by the Pennsylvania Department of Transportation vehicle weight class requirements. Every lot shall be permitted to have one driveway from a street. Additional curb cuts for residential driveways shall not be permitted for access to residential accessory uses or structures.

A lot may have a governor's drive, provided it meets the following requirements:

In no event shall more than two curb cuts per lot on any one street be authorized.

The distance between the center lines of the governor's drive along the front property line shall be spaced at least 70 feet apart.

The governor's drive shall be no more than 12 feet in width and have no turnaround areas, except that a driveway may extend from the governor's drive to an attached or detached garage or permitted parking space.

The central portion of the governor's driveway shall be located within 12 feet of an entrance to the principal building.

Structures such as fences and walls.

Buildings such as storage sheds, bathhouses and private greenhouses and farm buildings when relating to a farming activity.

Facilities for domestic servants or caretakers employed on the premises and for occasional gratuitous guests.

Recreational facilities such as tennis courts, paddle tennis platforms and swimming pools. Lighting for such facilities shall be such that glare is prohibited off site. The area of a sports court shall not exceed 50% of the total area of the rear yard.

A satellite receiving dish.

Quantity of accessory uses or accessory structures per principal use: One each of any type of residential accessory structures and uses may be permitted on a single lot containing a residential use, except for parking spaces, and that one additional shed may be located on a single lot for each five acres of land within such single existing lot

Additional requirements.

The accessory structure shall not be used for commercial purposes unless the applicant also receives conditional use approval as a home occupation.

The accessory structure shall not be served by an additional curb cut at the street.

The accessory structure shall not be used by boarders.

An attached structure must have five feet or more of a shared wall in order to be considered an addition to a principal structure. Structures connected to the principal building by means of a breezeway, deck or similar connection shall not be considered attached to the principal structure and shall be subject to the accessory structure requirements of this subsection.

Nonresidential accessory uses, buildings, or structures.

[Amended by 2-15-2017 by Ord. No. 634-2017]

Parking shall conform to the requirements of the most closely related use in Article 2200.

A nonresidential accessory building or structure shall also comply with the area and bulk requirements in § 212-1907C(1)(a) through (f) of this chapter.

Outdoor storage or display.

Outside storage or display, other than storage as a primary use of the land, necessary but incidental to the normal operation of a primary use, subject to the following additional provisions:

No part of the street right-of-way, no sidewalks or other areas intended or designed for pedestrian use and no required parking areas shall be occupied by outside storage or display.

Outside storage and display areas shall occupy an area of less than 1/2 the existing building coverage.

Outside storage and display areas shall be screened from view from the public streets and adjacent lots.

Uses requiring more substantial amounts of land area for storage or display shall be exempt from the provisions of § 212-1907E(1)(b) and (c) when granted as a conditional use. Such uses shall be subject to the following additional provisions:

[Amended 11-20-2013 by Ord. No. 606-2013]

In particular, uses appropriate for consideration under this provision include, but are not limited to, nurseries, lumberyards, automobile sales, truck sales, and truck terminals.

Among the uses that shall not be considered appropriate for inclusion under this provision are retail stores, repair shops, gasoline service stations, vehicle repair and inspection, wholesale business and storage, contractors' offices and shops, and crafts.

Temporary structure or uses. A temporary permit shall be issued for structures or uses necessary during construction or other special circumstances of a nonrecurring nature, subject to the following additional provisions:

The time period of the initial permit shall be six months. This permit shall be renewed for two-month time periods.

Temporary structures or uses shall be subject to authorization by the Zoning Officer.

Such structure or use shall be removed completely upon expiration of the permit, without cost to the municipality.

Private swimming pool. No private swimming pool shall be allowed in any district except as an accessory use and shall comply with the following conditions and requirements:

The pool is intended and is to be used solely for the health and enjoyment of the occupants of the principal use of the property on which it is located and their friends and guests.

Since a pool is classified as an accessory use, the pool, including walks, paved areas, fences, bathhouse, pump house and similar structures, shall not be located closer to any other lot line than those distances specified as minimum rear and side yard requirements listed in §§ 212-501 and 212-502.

Solar, wind or geothermal energy facility.

Borough conditional use approval is required for the construction of any solar, wind or geothermal energy facility that is an accessory use on any site or lot. The conditional use application shall include all relevant information, including the manufacturer's installation standards and a drawing depicting the location and layout of the proposed facility on the property, including the percentage of roof coverage, if the facility is mounted on a building.

The applicant shall demonstrate through project planning and proposed mitigation that a proposed facility's impacts will be minimized for surrounding properties and the community. This may include, but not be limited to, information regarding site selection, facility design or appearance, buffering and screening of ground-mounted electrical control equipment.

Noise from any solar, wind or geothermal energy facility shall not exceed 35 decibels at the lot line, unless all affected adjacent property owners shall have executed a nondisturbance easement, covenant or consent which has been recorded in the Department of Real Estate of Allegheny County.

Construction of any energy facility shall comply with all applicable rules, laws and regulations of the United States Federal Aviation Administration, and documentation of compliance shall be provided to the Borough.

To the extent applicable, all energy facilities shall comply with the Pennsylvania Uniform Construction Code and regulations promulgated by the Pennsylvania Department of Labor and Industry.

Energy facilities shall not display advertising, except for a reasonable identification nameplate of the facility manufacturer not greater than one square foot in size.

Transmission and power lines shall be placed underground or shall be screened from sight.

Where installed on the roof of a building, no solar energy facility shall be installed so that more than 75% of roof area is covered by the facility.

Any solar energy facility installed on a roof of a building shall comply with the height requirements of the zoning district in which the property is located.

No solar, wind or geothermal energy facility may exceed 30% of the total lot and in no case shall exceed the maximum lot coverage for the district in which the property is located.

Solar, wind or geothermal energy facilities shall meet the accessory structure setbacks that may apply in the zoning district in which the facility is constructed, and where no such setback is specified, the facility shall be no closer than 15 feet from any property line.

(12)

No facility shall be installed closer than 10 feet to a swimming pool or other open body of water.

(13)

No solar facility shall exceed the height of a building's roof, at any point, by more than 18 inches.

(14)

Wind turbine yard and setbacks requirements:

In any zoning district, wind turbines are allowed as an accessory use only to the principal structure.

Minimum lot area for wind turbines shall be two acres.

Minimum vertical clearance between ground level and the lowest movable component of the wind turbine when at its lowest point is 15 feet.

The color shall be a neutral and nonreflective tone, such as white, off-white or gray. The wind turbine coloring shall be solid, and any alphabetical or numerical characters shall be representative of the facility manufacturer only and shall comprise no more than one square foot in size.