The purpose of this article is to constitute policies that involve
and affect all or a majority of the zoning districts in the Altoona
Zoning Ordinance. The article provides for the designation of the
zoning districts, the establishment of the zoning map and the district
boundaries interpretation procedure, as well as annexation, floodplain,
building height, lot area, lot coverage, lot width and lot frontage
general policy, permitted reductions in lot dimensions and obstructions
to vision safety policies. Furthermore, this article regulates home-based
businesses, wireless communications facilities, public utility facilities
and establishes farming policy.
For the purpose of this chapter, the City is hereby divided
into zoning districts, which shall be designated as follows:
|
Zone Designation
|
Category
|
Title
|
|---|---|---|
|
R-S
|
Residential Zone
|
Suburban Residential
|
|
R-SH
|
Residential Zone
|
Single-Household Residential
|
|
R-L
|
Residential Zone
|
Limited Residential
|
|
R-MH
|
Residential Zone
|
Multiple-Household Residential
|
|
R-U
|
Residential Zone
|
Urban Residential
|
|
M-RC
|
Mixed Use Zone
|
Residential/Commercial
|
|
C-NB
|
Commercial Zone
|
Neighborhood Business
|
|
C-HB
|
Commercial Zone
|
Highway Business
|
|
C-CB
|
Commercial Zone
|
Central Business
|
|
I-L
|
Industrial Zone
|
Light Industrial
|
|
I-G
|
Industrial Zone
|
General Industrial
|
The boundaries of the districts shall be shown upon the map
attached to and made part of this chapter, which shall be designated
"City of Altoona Zoning Map." The said map and the entire notation,
references, and other data shown thereon are hereby incorporated by
reference into this section as if all were fully described herein.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
Where practical, district boundary lines shall follow street,
alley, or public rights-of-way, center lines, railroad rights-of-way,
streams, and projected extensions or offsets thereof as they exist
on plats of record at the time of the passage of this chapter. Whenever
any street, alley, or other public right-of-way is vacated, the one
adjoining each side of such street, alley, or public right-of-way
shall be automatically extended to the center of such vacation.
When a district boundary line divides a lot held in single and
separate ownership on July 24, 2003, each portion of the lot shall
be controlled by the requirements of the district in which it is located.
Where boundaries follow a physical feature, but an exact description
is absent, the physical feature shall be deemed to be included entirely
within the more restrictive district.
Where land area has become a part of the City by annexation,
the same shall automatically be classed as being in the R-S, Suburban
Residential Zone until such classification shall have been changed
by an amendment to the title as provided herein. The process for such
amendment shall begin within 60 days of the annexation.
Where land area possessing any of the zoning districts has been identified as part of a floodplain by the Federal Emergency Management Agency (FEMA) and is indicated as such on the Flood Insurance Rate Maps, then Chapter 362 shall govern the floodplain area. However, the provisions and requirements of this chapter shall remain in full force and effect to the extent that they are more restrictive than the Floodplain Regulations.
Height regulations shall not apply to spires, belfries, cupolas,
penthouses, or domes not used for human occupancy, nor to chimneys,
ventilators, skylights, water tanks, bulkheads, utility poles or towers,
silos, and similar features, such as necessary mechanical appurtenances,
usually carried above roof level.
Any parcel of land with an area or width less than that prescribed
for a lot in the zone in which such parcel is located on or before
July 23, 2003, when the owner thereof owns no adjoining land, may
be used as a lot for any purpose permitted in the zone, provided that
all other regulations prescribed for the zone by this chapter are
complied with.
Maximum coverage of a lot shall be 90%, unless a more restrictive
requirement is listed for the district in which the property is located.
All lots shall have a minimum width of 25 feet, unless a more
restrictive requirement is listed for the district in which the property
is located.
All lots shall have a minimum of 25 feet of frontage on an improved
street, unless a more restrictive requirement is listed for the district
in which the property is located.
The area, width, or depth of any lot shall not be reduced by subdivision, sale, or development so that the lot width, lot area, lot area per dwelling unit, yards, or other open spaces are smaller, or so that the coverage is greater than prescribed herein. Exceptions to this shall be developments falling under § 800-19 or § 800-21I above.
Walls, fences, signs, or other structures shall not be erected
or altered and hedges, trees, or other growth shall not be planted
or maintained which may cause danger to traffic on a street or road
by obstructing the view or which may cause a hindrance or danger to
pedestrian traffic.
In general, off-street parking and loading is regulated through land development approval provided in Chapter 640. Because some uses do not qualify for land development review, basic parking standards are included here to ensure parking is in line with the policies outlined in Chapter 640.
A.
All properties shall have a minimum of one parking space available.
Availability can be a specific provision on the property or sufficient
street frontage to provide area for one vehicle parked parallel with
the edge of the pavement. This space shall be a minimum of eight feet
wide by 22 feet long and shall be located so that vehicles accessing
the space may do so freely without necessitating the movement of other
vehicles or objects.
B.
No parked vehicle shall impede the flow of traffic or the ability
of pedestrians to utilize the sidewalk area, whether or not a physical
sidewalk has been installed.
C.
No loading or deliveries shall be made in such a manner that the
delivery vehicle must fully block traffic from utilizing the street
or impede a pedestrian from utilizing the sidewalk area, whether or
not a physical sidewalk has been installed.
[Amended 8-14-2019 by Ord. No. 5748]
A.
Types of home-based businesses; purposes; applicability.
(1)
A home-based business is defined as a business that is conducted
entirely within a dwelling unit; entirely by the members of the household
residing in that unit; and in a manner that is clearly incidental,
accessory, and subordinate to the unit's primary residential use.
Most modern zoning ordinances regulate home-based businesses because
of the deleterious effects that these businesses can have on their
neighborhoods. A home-based business can congest its neighborhood's
parking spaces and streets; generate intrusive amounts of noise, vibration,
glare, electrical interference, odors, and radio/television signal
disruption; draw large trucks for delivery purposes; erect a disturbing
number of signs; utilize unsightly outdoor storage areas; and generally
change the character of its neighborhood from residential to commercial.
Many zoning ordinances attempt to minimize such damaging effects by
designating all home-based businesses as special exceptions and requiring
each to procure the approval of the Zoning Hearing Board, which is
to reject any such business that will adversely affect its neighborhood.
(2)
However, more and more home-based businesses are being created that
have little or no deleterious effects on their neighborhoods. Many
professionals now "telecommute" from home, draw no extra parking or
traffic activity, generate no noise or other interference, and have
no signs. While home-based businesses that could have a significant
effect on their neighborhoods clearly should still lie under the Zoning
Hearing Board's jurisdiction, those that have little or no such effects
should be excused from the paperwork, time, and expense involved in
a special exception application.
(3)
This chapter attempts to establish such a system by dividing home-based business into two categories: no-impact home-based businesses (which will have little or no effect on their neighborhoods) and major-impact home-based businesses (which may have some effects on their neighborhoods). The Zoning Officer shall determine which of these categories a particular home-based business falls into according to the standards of Subsection B below. If a particular home-based business is determined to be a no-impact home-based business according to these standards, then it may be established without any further approvals. However, if it is determined to be a major-impact home-based business, then Subsection C below requires that it must be approved by the Zoning Hearing Board as a special exception.
(4)
This section applies to all home-based businesses within the City
of Altoona, regardless of the zoning district in which they are located.
B.
Distinguishing no-impact home-based businesses from major-impact
home-based businesses.
(1)
Any person who wishes to establish a home-based business within the
City is required to apply for a home-based business license with the
Zoning Officer on a form supplied by the City. This application shall
not be considered complete unless enough information is included on
the form to enable the Zoning Officer to determine whether the proposed
home-based business is a no-impact home-based business or a major-impact
home-based business according to the standards below.
(2)
After a complete notarized application has been filed, the Zoning
Officer shall have 45 days to determine the status of the proposed
home-based business. When the Zoning Officer fails to make this determination
within 45 days, then the proposed home-based business shall automatically
be classified as a no-impact home-based business.
(3)
The Zoning Officer shall determine that a proposed home-based business
would be a major-impact home-based business unless it meets the standards
below, in which case it shall be classified as a no-impact home-based
business and may be established without any further approvals.
(a)
A no-impact home-based business shall be a business or commercial
activity administered or conducted as an accessory use which is clearly
secondary to the use as a residential dwelling and which involves
no customer, client or patient traffic, whether vehicular or pedestrian,
pickup, delivery or removal functions to or from the premises, in
excess of those normally associated with residential use.
(b)
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
(c)
The business shall employ no employees other than family members
residing in the dwelling.
(d)
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
(e)
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
(f)
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 the neighborhood.
(g)
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
(h)
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
(i)
The business may not involve any illegal activity.
(j)
Nursery schools, day-care centers, tutoring or teaching services, dancing schools, exercise or health centers, funeral homes, mortuaries, eating or drinking establishments, animal kennels, animal hospitals, veterinarian offices, boardinghouses, medical or dental clinics or offices, transportation vehicle repair or rental facilities, theaters, and any other business that does not meet the definition of home-based businesses given under Subsection B above shall not be classified as no-impact home-based businesses.
C.
Major-impact home-based businesses. If a proposed home-based business
is determined to be a major-impact home-based business by the Zoning
Officer, then its proprietor must apply for a special exception use
before the Zoning Hearing Board and the conditions set by the zoning
district in which the business is to be located. Note that any off-street
parking space or loading berth requirements for these occupations
(beyond the requirements of the involved dwelling unit) shall be set
by the Zoning Hearing Board at the involved hearing.
[Amended 10-9-2019 by Ord. No. 5752]
A.
Purpose. The purposes of this section are as follows:
(1)
To provide a competitive and wide range of communications services.
(2)
To encourage the shared use of existing communication towers, buildings
and structures.
(3)
To ensure compliance with federal and state regulations.
(4)
To promote the health, safety and welfare of City residents and businesses
with respect to wireless communications facilities.
(5)
To address modern and developing technologies including, but not
limited to, distributed antenna systems, data collection units, cable
Wi-Fi and other communications facilities.
(6)
To establish procedures for design, siting, construction, installation,
maintenance and removal of both tower-based and non-tower-based wireless
communications facilities in the City, including facilities both inside
and outside of the public rights-of-way.
(7)
To protect City residents and businesses from potential adverse impacts
of wireless communications facilities and preserve, to the extent
permitted under law, the visual character of established communities
and the natural beauty of the landscape.
B.
CO-LOCATION
COMMUNICATIONS ANTENNA
COMMUNICATIONS FACILITY BUILDING
DATA COLLECTION UNIT
MONOPOLE
NON-TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES
STEALTH TECHNOLOGY
SUBSTANTIALLY CHANGE
(1)
(2)
TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES
WIRELESS SUPPORT STRUCTURE
Definitions. The following definitions shall apply to § 800-42 only:
The placement or installation of new wireless telecommunications
facilities on previously approved and constructed wireless support
structures, including self-supporting or guyed monopoles and towers,
electrical transmission towers, water towers, or any other structure
not classified as a wireless support structure that can support the
placement or installation of wireless telecommunications facilities
if approved by the City. The term includes the placement, replacement,
or modification of accessory equipment within a previously approved
communications facility building.
Any structure or device used for the purpose of collecting
or transmitting electromagnetic waves including, but not limited to,
directional antennas such as panels, microwave dishes, satellite dishes
and omnidirectional antennas such as whip antennas. "Communications
antenna" shall not include tower-based wireless communications facilities
(WCF) defined below. Not included are antennas and supportive structures
on residential dwellings for private noncommercial amateur purposes
including, but not limited to, ham radios and citizen band radios
that are regulated by the residential district sections of this chapter.
The building in which electronic receiving and relay equipment
for a tower is housed. Receiving and relay equipment can include,
but are not limited to, in-ground and aboveground cabling and any
equipment associated with the provision of wireless services.
Any ground-mounted structure that is designed and constructed
primarily for the purpose of data collection, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
structures used to wirelessly read utility meters and for other remote
monitoring purposes. For the purposes of this chapter, the term includes
facilities that are not solely under the jurisdiction of the Pennsylvania
Public Utility Commission, except where permitted by law. The term
includes the structure and any supporting structures thereto.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connective appurtenances. Connective appurtenances
can include, but are not limited to, feeder cables, climb ladders,
platforms, ice shields, and other accessory infrastructure associated
with a WCF.
All non-tower-based wireless communications facilities including,
but not limited to, data collection units, communications antenna
and related equipment. Non-tower-based WCF shall not include support
structures for communications antenna and related equipment. Not included
are towers and supporting structures on residential dwellings for
private noncommercial amateur purposes including, but not limited
to, ham radios and citizen band radios that are regulated by the residential
district sections of this chapter.
Camouflaging methods applied to WCF, communications antenna
and other facilities which render them more visually appealing or
blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted communications antenna, building-mounted communications
antenna painted to match the existing structure and facilities constructed
to resemble trees, shrubs, flagpoles, and light poles.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet
for structures located outside of the rights-of-way, or 10 feet for
structures located within the rights-of-way, whichever is greater,
except that the mounting of the proposed WCF may exceed the size limits
set forth herein if necessary to avoid interference with existing
antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
Any ground-mounted structure that is designed and constructed
primarily for the purpose of supporting one or more antennas for wireless
communication purposes including self-supporting lattice towers, guyed
towers or monopole towers. For the purposes of this section, the term
includes facilities that are not solely under the jurisdiction of
the Pennsylvania Public Utility Commission, except where permitted
by law. The term includes the structure and any supporting structures
thereto.
A freestanding structure, such as a tower-based WCF or any
other support structure that could support the placement or installation
of a non-tower-based WCF if approved by the City.
C.
General requirements for all tower-based wireless communications
facilities. The following regulations shall apply to all tower-based
wireless communications facilities:
(1)
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 City.
(2)
Wind. Any tower-based WCF structures shall be designed to withstand
the effects of wind according to the standard designed by the ANSI
as prepared by the engineering departments of the Electronics Industry
Association, and Telecommunications Industry (ANSFEINTIA-222-E Code,
as amended).
(3)
Height. Any tower-based WCF shall be designed at the minimum functional
height and shall not exceed a maximum total height of 200 feet, or
40 feet when located within the right-of-way (ROW), which height shall
include all subsequent additions or alterations. Height shall be measured
from the average natural grade to the top point of the communications
tower or antenna, whichever is greater. All tower-based WCF applicants
must submit documentation to the City justifying the total height
of the structure. Tower-based WCF constructed outside the ROW at a
height greater than 200 feet but not to exceed 300 feet shall be permitted
in the General Industrial Zoning District if the following criteria
are met:
(a)
The applicant shall provide documentation to the City which
details the commitment to provide capacity on the proposed tower-based
WCF to more than one provider. The document must describe the additional
tower height that is required to provide the capacity to the additional
provider(s). The document shall also show that by providing the additional
height and capacity, there will not be a need from the involved companies
for an additional tower outside the ROW within a radius of one mile
of the site. The burden of proof shall be on the applicant to show
that the proposed tower is the minimum height needed to provide the
required service.
(b)
The applicant shall provide documentation to the City that the
height limitation of 200 feet will require the construction of two
or more towers and that by permitting an increase in the height of
the tower, only one tower will be required. The burden of proof shall
be on the applicant to show that the proposed tower is the minimum
height needed to provide the required services. The purpose of this
is to permit an increase in the height of one tower to reduce the
need for additional towers.
(4)
Public safety communications. No tower-based WCF shall interfere
with public safety communications or the reception of broadband, television,
radio or other communication services enjoyed by occupants of nearby
properties.
(5)
Maintenance. The following maintenance requirements shall apply:
(a)
Any tower-based WCF shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair, except as permitted and in accordance with this section.
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the City's
residents.
(c)
All maintenance and activities shall utilize the best available
technology for preventing failures and accidents.
(6)
Radio frequency emissions. No tower-based WCF may, by itself or in
conjunction with other WCF, generate radio frequency emissions in
excess of the standards and regulations of the Federal Communications
Commission (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. The applicant shall provide, upon request, a
statement from a qualified licensed and professional registered engineer
that the non-ionizing electromagnetic radiation (NIER) emitted from
the tower-based WCF, when measured in conjunction with the emissions
from all communications antenna on the tower, does not result in an
exposure at any point on or outside such facility which exceeds the
lowest applicable exposure standards established by the FCC or the
ANSI.
(7)
Historic buildings or districts. No tower-based WCF may be located
on or within 200 feet of a site that is listed on a historic register,
a site listed for inclusion on the historic register, or in an officially
designated state or federal historic district.
(8)
Identification. All tower-based WCF shall post a notice in a readily
visible location identifying the name and phone number of a party
to contact in the event of an emergency, subject to approval by the
City. The notice shall not exceed two square feet in gross surface
area and shall maintain the contact party.
(9)
Lighting. Tower-based WCF shall not be artificially lighted, except
as required by the Federal Aviation Administration and as may be approved
by the City. If lighting is required, the applicant shall provide
a detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations. No flag shall be located on the structure that requires
lighting.
(10)
Appearance. Towers shall be galvanized and/or painted with a
rust-preventive paint of an appropriate color as determined by the
City to harmonize with the surroundings.
(11)
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 City ordinance, except in emergency situations requiring
the use of a backup generator, where such noise standards may be exceeded
on a temporary basis only.
(12)
Aviation safety. Tower-based WCF shall comply with all federal
and state laws and regulations concerning aviation safety.
(13)
Retention of experts. The City may hire any consultant(s) and/or
expert(s) necessary to assist the City in reviewing and evaluating
the application for approval of the tower-based WCF and, once approved,
in reviewing and evaluating any potential violations of the terms
and conditions of this section. The applicant and/or owner of the
WCF shall reimburse the City for all costs of the City's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(14)
Timing of approval. Within 30 calendar days of the date that
an application for a tower-based WCF is filed with the City, the City
shall notify the applicant in writing of any information that may
be required to complete such application. All complete applications
for tower-based WCF 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 City shall advise the applicant in writing of its decision.
If additional information is requested by the City to complete an
application, the time required by the applicant to provide the information
shall not be counted toward the 150-day review period.
(15)
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. Co-location of facilities
may be permitted on nonconforming structures in accordance with standards
established in the Pennsylvania Wireless Broadband Collocation Act.[2]
[2]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(16)
Removal. In the event that use of a tower-based WCF is planned
to be discontinued, the owner shall provide written notice to the
City of its intent to discontinue use and the date when the use shall
be discontinued. Unused or abandoned WCF or portions of WCF shall
be removed as follows:
(a)
All unused or abandoned tower-based WCF and accessory facilities
shall be removed within six months of the cessation of operations
at the site unless a time extension is approved by the City.
(b)
If the WCF and/or accessory facility is not removed within six
months of the cessation of operations at a site, or within any longer
period approved by the City, the WCF and accessory facilities and
equipment may be removed by the City and the cost of removal assessed
against the owner of the WCF.
(c)
Any unused portions of tower-based WCF, including antennas,
shall be removed within six months of the time of cessation of operations.
The City must approve all replacements of portions of a tower-based
WCF previously removed.
(17)
Application fees. The City may assess appropriate and reasonable
application fees directly related to the City'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.
D.
Tower-based wireless communications facilities outside the rights-of-way.
The following regulations shall apply to tower-based wireless communications
facilities located outside of the right-of-way (ROW):
(1)
Permitted only in certain zones. No tower-based WCF shall be permitted
within 50 feet of the nearest adjoining property line. Tower-based
WCF shall only be permitted in the General Industrial Zoning District.
(2)
Evidence of need. It is required that the applicant for the placement
of a tower-based WCF that will exceed 40 feet in height shall submit
to the City of Altoona evidence of the need for the tower-based WCF
in the proposed location and that the applicant has exhausted all
alternatives to locate on an existing tower or structure (co-location).
In addition, the applicant must demonstrate via written evidence from
a qualified, licensed, and professional engineer that, in terms of
location and construction, there are no existing towers, tower-based
WCF, buildings, structures, elevated tanks or similar uses able to
provide the platform for the antenna within a one-mile radius of the
chosen location, unless the applicant can demonstrate to the satisfaction
of the City that a different distance is more reasonable. Co-location
is not possible if:
(a)
Coverage diagrams and technical reports demonstrate that co-location
on an existing tower-based WCF is not technically possible in order
to serve the desired need.
(b)
Planned equipment would exceed the structural capacity of existing
towers within the City, considering existing and planned use of those
towers and existing towers cannot be reinforced to accommodate planned
or equivalent equipment at a reasonable cost.
(c)
Planned equipment will cause radio frequency (RF) interference
with other existing or planned equipment for that tower and the interference
cannot be prevented at a reasonable cost.
(d)
Existing or approved towers do not have the space on which planned
equipment can be placed so it can function effectively and at least
in parity with other similar equipment in place or planned.
(e)
Other reasons can be demonstrated to the satisfaction of the
City that make it impractical to place the equipment planned by the
applicant on existing and approved towers.
(3)
Sole use on a lot. A tower-based WCF is permitted as the sole use
on a lot subject to the minimum lot size and setbacks complying with
the requirements of the applicable zoning district.
(4)
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 agricultural, industrial, commercial, or municipal use,
subject to the following conditions:
(a)
The existing use on the property may be any permitted use in
the applicable zoning district and need not be affiliated with the
communications facility.
(b)
Minimum lot area. The minimum lot shall comply with the requirements
for the applicable zoning district and shall be the area needed to
accommodate the tower-based WCF, the communications facility building,
security fence, and buffer planting.
(c)
Minimum setbacks. The tower-based WCF and accompanying communications
facility building shall comply with the requirements for the applicable
zoning district, provided that no tower-based WCF shall be located
within 50 feet of the nearest adjoining property line.
(5)
Notice. Upon receipt of a complete application for a tower-based
WCF, the applicant shall mail notice thereof to the owner or owners
of every property within 100 radial feet of the parcel or property
of the proposed facility. The applicant shall provide the City with
evidence that the notice was mailed out to applicable property owners.
(6)
Design and construction.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact. The application of the stealth technology
chosen by the WCF applicant shall be subject to the approval of the
City.
(b)
To the extent permissible under applicable law, any height extensions
to an existing tower-based WCF shall require prior approval of the
City. The City reserves the right to deny such requests based upon
aesthetic and land use impact, or any other lawful considerations
related to the character of the City.
(c)
Any proposed tower-based WCF shall be designed structurally,
electrically, and in all respects to accommodate both the WCF applicant's
antennas and comparable antennas for at least two additional users
if the tower is over 100 feet in height or for at least one additional
user if the tower is over 60 feet in height; tower-based WCF must
be designed to allow for future rearrangement of antennas upon the
tower and to accept antennas mounted at various heights.
(d)
Guy wires are not permitted. The monopole must be self-supporting.
(7)
Surrounding environs. A soil report complying with the standards
of Appendix I: Geotechnical Investigations, ANSI/EIA/TIA-222-G Manual,
as amended, shall be submitted to the City to document and verify
design specifications of the foundation for the tower-based WCF.
(8)
Fence/screen.
(a)
A security fence of approved design, of not less than eight
feet in height and no greater than 10 feet in height, shall completely
enclose the tower-based WCF. The fencing required in this subsection
must also have a one-foot barbed arm slanted at a 45° angle which
runs along the entire top of the fence.
(b)
The applicant shall submit a landscaping plan. Sites in which
communications towers are located shall provide the following. Landscaping,
consisting of evergreen plantings which shall reach a height of at
least eight feet within five years of planting, shall be required
at the perimeter of the security fences and WCF. Existing wooded areas,
tree lines and hedgerows adjacent to the facility shall be preserved
and used to substitute or meet a portion of the buffer yard requirements.
When the WCF is located in a developed commercial or industrial area,
Director of the Department of Community Development may waive the
buffer yard regulations in exchange for another type of screening
which is compatible with the surrounding land use.
(c)
Where feasible/appropriate, the tower or antenna shall be constructed
to blend in with the surrounding area.
(d)
No signs or any form of advertising of any kind shall be permitted
on the WCF or antennas. However, one sign not to exceed two square
feet in gross surface area, which identifies the phone number and
contact in the event of an emergency, is permitted. In addition, "No
Trespassing" signs may be placed on the security fencing.
(9)
Accessory equipment.
(a)
Ground-mounted equipment associated with, or connected to, a
tower-based WCF shall be underground, if possible. In the event that
an applicant can demonstrate that the equipment cannot be located
underground to the satisfaction of the City Engineer, then the ground-mounted
equipment shall be screened from public view using stealth technologies,
as described above.
(b)
All buildings and structures associated with a tower-based WCF
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.
(10)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to tower-based
WCF. Maximum use of existing roads, whether public or private, shall
be made to the extent practicable. Road construction shall at all
times minimize ground disturbance and the cutting of vegetation. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and minimize soil erosion. The vehicular access to the
tower-based WCF and communications facility building shall meet the
applicable municipal street standards for private streets and/or driveway
standards. Where applicable, the WCF owner shall present documentation
to the City that the property owner has granted an easement for the
proposed facility.
(11)
Inspection. The City reserves the right to inspect any tower-based
WCF to ensure compliance with the provisions of this section and any
other provisions found within the City Code or state or federal law.
The City and/or its agents shall have the authority to enter the property
upon which a WCF is located at any time, upon reasonable notice to
the operator, to ensure such compliance.
E.
Tower-based wireless communications facilities inside the rights-of-way.
The following regulations shall apply to tower-based wireless communications
facilities located in the rights-of-way (ROW):
(1)
Permitted where aboveground utility infrastructure exists. No tower-based
wireless communications facilities shall be located in areas where
utility infrastructure is installed underground.
(2)
Evidence of need. It is required that the applicant for the placement
of a tower-based WCF shall submit to the City of Altoona evidence
of the need for the tower-based WCF in the proposed location and that
the applicant has exhausted all alternatives to locate on an existing
tower or structure (co-location). In addition, the applicant must
demonstrate via written evidence from a qualified, licensed, professional
engineer that, in terms of location and construction, there are no
existing towers, tower-based WCF, buildings, structures, elevated
tanks or similar uses able to provide the platform for the antenna
within a 1/2 mile radius of the chosen location, unless the applicant
can demonstrate to the satisfaction of the City that a different distance
is more reasonable. Co-location is not possible if:
(a)
Capacity diagrams and technical reports demonstrate that co-location
on an existing tower-based WCF is not technically possible in order
to serve the desired need.
(b)
Planned equipment would exceed the structural capacity of existing
towers within the City, considering existing and planned use of those
towers and existing towers cannot be reinforced to accommodate planned
or equivalent equipment at a reasonable cost.
(c)
Planned equipment will cause radio frequency (RF) interference
with other existing or planned equipment for that tower and the interference
cannot be prevented at a reasonable cost.
(d)
Existing or approved towers do not have the space on which planned
equipment can be placed so it can function effectively and at least
in parity with other similar equipment in place or planned.
(e)
Other reasons can be demonstrated to the satisfaction of the
City that make it impractical to place the equipment planned by the
applicant on existing and approved towers.
(3)
Notice. Upon receipt of an application for a tower-based WCF, the
applicant shall mail notice thereof to the owner or owners of every
property within 100 feet of the parcel or property of the proposed
facility. The applicant shall provide the City with evidence that
the notice was mailed out to applicable property owners.
(4)
Co-location. An application for a new tower-based WCF in the ROW
shall not be approved unless the City finds that the proposed wireless
communications equipment cannot be accommodated on an existing structure,
such as a utility pole. Any application for approval of a tower-based
WCF shall include a comprehensive inventory of all existing towers
and other suitable structures within a 1/2 mile radius from the point
of the proposed tower, unless the applicant can show to the satisfaction
of the City that a different distance is more reasonable, and shall
demonstrate conclusively why an existing tower or other suitable structure
cannot be utilized. Co-location shall not be permitted on ornamental
streetlight fixtures.
(5)
Time, place, and manner. The City shall determine the time, place,
and manner of construction, maintenance, repair, and/or removal of
all tower-based WCF in the ROW based on public safety, traffic management,
physical burden on the ROW, and related considerations. For public
utilities, the time, place, and manner requirements shall be consistent
with the police powers of the City and the requirements of the Public
Utility Code.
(6)
Equipment location. Tower-based WCF and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the City in addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb. In the absence
of a curb, facility must be located outside the safe clear zone of
the roadway as determined by the Public Works Director.
(b)
Ground-mounted equipment that cannot be undergrounded shall
be screened, to the fullest extent possible, through the use of landscaping
or other decorative features to the satisfaction of the City.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the City.
(d)
Any graffiti on the tower or any accessory equipment shall be
removed at the sole expense of the owner within 10 business days of
notice of the existence of the graffiti.
(e)
Any underground vaults related to tower-based WCF shall be reviewed
and approved by the City.
(7)
Design regulations.
(a)
The WCF shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize the aesthetic impact. The application of the stealth
technology chosen by the WCF applicant shall be subject to the approval
of the City.
(b)
Any height extensions to an existing tower-based WCF shall require
prior approval of the City, and shall not increase the overall height
of the tower-based WCF to more than 50 feet. The City reserves the
right to deny such requests based upon aesthetic and land use impact,
or any other lawful considerations related to the character of the
City.
(c)
Guy wires are not permitted. The monopole must be self-supporting.
(8)
Additional antennas. As a condition of approval for all tower-based
WCF in the ROW, the WCF applicant shall provide the City with a written
commitment that it will allow other service providers to co-locate
antennas on tower-based WCF where technically and economically feasible.
The owner of a tower-based WCF shall not install any additional antennas
without obtaining the prior written approval of the City.
(9)
Relocation or removal of facilities. Within 60 days following written
notice from the City, or such longer period as the City determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a tower-based WCF in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change, or alter the
position of any WCF when the City, consistent with its police powers
and the applicable Public Utility Commission regulations, shall determine
that such removal, relocation, change, or alteration is reasonably
necessary under the following circumstances:
(a)
The construction, repair, maintenance, or installation of any
City or other public improvement in the right-of-way.
(b)
The operations of the City or other governmental entity in the
right-of-way.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the City.
(10)
Compensation for ROW use. In addition to the permit fees as
described above, every tower-based WCF in the ROW is subject to the
City's right to fix annually a fair and reasonable compensation to
be paid for use and occupancy of the ROW. Such compensation for ROW
use shall directly relate to the City's actual ROW management costs,
including, but not limited to, the costs of the administration and
performance of all reviewing, inspecting, permitting, supervising,
and other ROW management activities by the City. The owner of each
tower-based WCF shall pay an annual fee to the City to compensate
the City for the City's costs incurred in connection with the activities
described above. The annual ROW management fee for tower-based WCF
shall be determined by the City and authorized by resolution by City
Council and shall be based on the City's actual ROW management costs
as applied to such tower-based WCF.
(11)
Restoration deposit. Prior to the issuance of a permit, the
owner of each individual tower-based WCF shall, at its own cost and
expense, deliver a restoration deposit in an amount determined by
the Director of Public Works, or his designee. The return of the deposit
shall be contingent upon the proper restoration of the ROW and compliance
with the terms and conditions of this section. Upon installation of
the tower-based WCF, the applicant shall notify the City that the
site is ready for inspection. The Public Works Director or his designee
shall inspect the site and, if it is found to be satisfactory, the
restoration deposit shall be refunded to the applicant within 30 days.
The restoration deposit may be forfeited in whole or in part to the
City if any work is found to be incomplete or not in compliance with
all applicable standards.
F.
General requirements for all non-tower-based wireless communications
facilities.
(1)
For the purposes of this section, the regulations in this subsection
shall only apply to non-tower-based wireless communications facilities
that are not regulated by the Pennsylvania Wireless Broadband Collocation
Act,[3] except where noted or where otherwise permitted by law.
[3]
Editor's Note: See 53 P.S. § 11702.1 et seq.
(2)
The following regulations shall apply to all non-tower-based wireless
communications facilities that do not substantially change the physical
dimensions of the wireless support structure to which they are attached,
as defined above:
(a)
Permitted in all zones subject to regulations. Non-tower-based
WCF are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
City.
(b)
Standard of care. Any non-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, and National Electrical Code.
Any non-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 City.
(c)
Wind. Any non-tower-based WCF structure shall be designed to
withstand the effects of wind according to the standard designed by
the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI EIA/TIA-222-G, as amended).
(d)
Public safety communications. No non-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.
(e)
Aviation safety. Non-tower-based WCF shall comply with all federal
and state laws and regulations concerning aviation safety.
(f)
Radio frequency emissions. No non-tower-based WCF shall, by
itself or in conjunction with other WCF, 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.
(g)
Removal. In the event that the use of a non-tower-based WCF
is discontinued, the owner shall provide written notice to the City
of its intent to discontinue use and the date when the use shall be
discontinued. All abandoned or unused WCF and accessory facilities
shall be removed within three months of the cessation of operations
at the site unless a time extension is approved by the City. If the
WCF and/or accessory facilities are not removed within three months
of the cessation of operations, or within any longer period of time
approved by the City, the WCF and/or associated facilities and equipment
may be removed by the City and the cost of removal assessed against
the owner of the WCF.
(h)
Timing of approval. Within 30 calendar days of the date that
an application for a non-tower-based WCF is filed with the City, the
City shall notify the applicant in writing of any information that
may be required to complete such application. Within 60 calendar days
of receipt of a complete application, the City shall make its final
decision on whether to approve the application and shall advise the
applicant in writing of such decision. If additional information was
requested by the City to complete an application, the time required
by the applicant to provide the information shall not be counted toward
the City's sixty-day review period. This standard shall only apply
to facilities that are regulated by the Pennsylvania Wireless Broadband
Collocation Act.
(i)
Application fees. The City may assess appropriate and reasonable
permit fees directly related to the City's actual costs in reviewing
and processing the application for approval of a non-tower-based WCF,
as well as related inspection, monitoring and related costs. Such
fees may be assessed by applicable federal or state statute for relevant
co-located facilities and other non-tower-based WCF.
(3)
The following regulations shall apply to all non-tower-based wireless
communications facilities that substantially change the wireless support
structure to which they are attached:
(a)
Permitted in all zones subject to regulations. Non-tower-based
WCF are permitted in all zones subject to the restrictions and conditions
prescribed below and subject to the prior written approval of the
City.
(b)
Standard of care. Any non-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, and National Electrical Code. Any
non-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 City.
(c)
Wind. Any non-tower-based WCF structure shall be designed to
withstand the effects of wind according to the standard designed by
the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association (ANSI EIA/TIA-222-G, as amended).
(d)
Public safety communications. No non-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.
(e)
Historic buildings. Non-tower WCF may not be located on a building
or structure that is on a historic register or a building or structure
listed for inclusion on a historic register.
(f)
Aviation safety. Non-tower-based WCF shall comply with all federal
and state laws and regulations concerning aviation safety.
(g)
Maintenance. The non-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 facility in order to promote the safety and security
of the City's residents.
(h)
Radio frequency emissions. No non-tower-based WCF shall, by
itself or in conjunction with other WCF, 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.
(i)
Removal. In the event that the use of a non-tower-based WCF
is discontinued, the owner shall provide written notice to the City
of its intent to discontinue use and the date when the use shall be
discontinued. Unused or abandoned WCF or portions of WCF shall be
removed as follows. All abandoned or unused WCF and necessary facilities
shall be removed within three months of the cessation of operations
at the site unless a time extension is approved by the City. If the
WCF or accessory facility is not removed within three months of the
cessation of operations, or within any longer period of time approved
by the City, the WCF and/or associated facilities and equipment may
be removed by the City and the cost of removal assessed against the
owner of the WCF.
(j)
Timing of approval. Within 30 calendar days of the date that
an application for a non-tower-based WCF is filed with the City, the
City shall notify the applicant in writing of any information that
may be required to complete such application. Within 60 calendar days
of receipt of a complete application, the City shall make its final
decision on whether to approve the application and shall advise the
applicant in writing of such decision. If additional information was
requested by the City to complete an application, the time required
by the applicant to provide the information shall not be counted toward
the City's sixty-day review period. This standard shall only apply
to facilities that are regulated by the Pennsylvania Wireless Broadband
Collocation Act.
(k)
Retention of experts. The City may hire any consultant(s) and/or
expert(s) necessary to assist the City in reviewing and evaluating
the application for approval of the non-tower-based WCF and, once
approved, in reviewing and evaluating any potential violations of
the terms and conditions of this section. The applicant and/or owner
of the WCF shall reimburse the City for all costs of the City's consultant(s)
in providing expert evaluation and consultation in connection with
these activities.
(l)
Restoration deposit. Prior to the issuance of a permit, the
owner of each individual tower-based WCF shall, at its own cost and
expense, deliver a restoration deposit in an amount determined by
the Director of Public Works, or his designee. The return of the deposit
shall be contingent upon, where applicable, the proper restoration
of the ROW and compliance with the terms and conditions of this section.
Upon installation of the tower-based WCF, the applicant shall notify
the City that the site is ready for inspection. The Public Works Director
or his designee shall inspect the site and, if it is found to be satisfactory,
the restoration deposit shall be refunded to the applicant within
30 days. The restoration deposit may be forfeited in whole or in part
to the City if any work is found to be incomplete or not in compliance
with all applicable standards.
(m)
Permit fees. The City may assess appropriate and reasonable
permit fees directly related to the City's actual costs in reviewing
and processing the application for approval of a non-tower-based WCF,
as well as related inspection, monitoring and related costs.
G.
Non-tower-based wireless communications facilities outside the rights-of-way.
The following additional regulations shall apply to non-tower-based
wireless communications facilities located outside the rights-of-way
that substantially change the wireless support structure to which
they are attached:
(1)
Development regulations. Non-tower-based WCF shall be co-located
on existing structures, such as existing building or tower-based WCF,
subject to the following conditions:
(a)
Such WCF does not exceed a maximum height of 10 feet above the
permitted height of any structure in the applicable zoning district.
(b)
If the WCF applicant proposes to locate the communications equipment
in a separate building, the building shall comply with the minimum
requirements for the applicable zoning district.
(c)
A six-foot-high security fence 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.
(2)
Design regulations.
(a)
Non-tower-based WCF shall employ stealth technology and be treated
to match the supporting structure in order to minimize the aesthetic
impact. The application of the stealth technology chosen by the WCF
applicant shall be subject to the approval of the City.
(b)
Non-tower-based WCF, which are mounted to a building or similar
structure, may not exceed a height of 15 feet above the roof or parapet,
whichever is higher, unless the WCF applicant obtains a special exception
approval.
(c)
All non-tower-based WCF applicants must submit documentation
to the City justifying the total height of the non-tower structure.
Such documentation shall be analyzed in context of such justification
on an individual basis.
(d)
Antennas, and their respective accompanying support structures,
shall be no greater in diameter than any cross-sectional dimension
that is reasonably necessary for their proper functioning.
(e)
Noncommercial usage exemption. The design regulations enumerated
in here shall not apply to direct broadcast satellite dishes installed
for the purpose of receiving video and related communications services
at residential dwellings.
(3)
Removal, replacement, and modification. The removal and replacement
of non-tower-based 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 increase the overall size of the WCF or the number
of antennas. Any material modification to a WCF shall require prior
amendment to the original permit or authorization.
(4)
Inspection. The City reserves the right to inspect any WCF to ensure
compliance with the provisions of this section and any other provisions
found within the City Code of Ordinances or state or federal law.
The City 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.
H.
Non-tower-based wireless communications facilities in the rights-of-way.
The following additional regulations shall apply to all non-tower-based
wireless communications facilities located in the rights-of-way:
(1)
Location. Non-tower-based WCF in the ROW shall be co-located on existing
poles, such as utility poles. Co-location shall not be permitted on
ornamental streetlight fixtures.
(2)
Design requirements. WCF installations located above the surface
grade in the public ROW, including, but not limited to, those on streetlights
and joint utility poles, shall consist of equipment components that
are no more than six feet in height and that are compatible in scale
and proportion to the structures upon which they are mounted. All
equipment shall be the smallest and least visibly intrusive equipment
feasible. Antennas and all support equipment shall be treated to match
the supporting structure. WCF and accompanying equipment shall be
painted, or otherwise coated, to be visually compatible with the support
structure upon which they are mounted.
(3)
Compensation for ROW use. In addition to the permit fees as described in Subsection F above, every non-tower-based WCF in the ROW is subject to the City's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall directly relate to the City's actual ROW management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising, and other ROW management activities by the City. The owner of each non-tower-based WCF shall pay an annual fee to the City to compensate the City for the City's costs incurred in connection with the activities described above. The annual ROW management fee for non-tower-based WCF shall be determined by the City and authorized by resolution of City Council and shall be based on the City's actual ROW management costs as applied to such non-tower-based WCF.
(4)
Time, place, and manner. The City shall determine the time, place,
and manner of construction, maintenance, repair, and/or removal of
all non-tower-based WCF in the ROW based on public safety, traffic
management, physical burden on the ROW, and related considerations.
For public utilities, the time, place, and manner requirements shall
be consistent with the police powers of the City and the requirements
of the Public Utility Code.
(5)
Equipment location. Non-tower-based WCF and accessory equipment shall
be located so as not to cause any physical or visual obstruction to
pedestrian or vehicular traffic, or to otherwise create safety hazards
to pedestrians and/or motorists or to otherwise inconvenience public
use of the ROW as determined by the City. In addition:
(a)
In no case shall ground-mounted equipment, walls, or landscaping
be located within 18 inches of the face of the curb. In the absence
of a curb, facility must be located outside the safe clear zone of
the roadway as determined by the Public Works Director.
(b)
Ground-mounted equipment shall be located underground. In the
event an applicant can demonstrate, to the satisfaction of the City
Engineer, that ground-mounted equipment cannot be undergrounded, then
all such equipment shall be screened, to the fullest extent possible,
through the use of landscaping or other decorative features to the
satisfaction of the City.
(c)
Required electrical meter cabinets shall be screened to blend
in with the surrounding area to the satisfaction of the City.
(d)
Any graffiti on the tower or any accessory equipment shall be
removed at the sole expense of the owner within 10 business days of
notice of the existence of the graffiti.
(e)
Any underground vaults related to tower-based WCF shall be reviewed
and approved by the City.
(6)
Relocation or removal of facilities. Within 60 days following written
notice from the City, or such longer period as the City determines
is reasonably necessary, or such other period in the case of an emergency,
an owner of a WCF in the ROW shall, at its own expense, temporarily
or permanently remove, relocate, change, or alter the position of
any WCF when the City, consistent with its police powers and applicable
Public Utility Commission regulations, shall have determined that
such removal, relocation, change, or alteration is reasonably necessary
under the following circumstances:
(a)
The construction, repair, maintenance, or installation of any
City or other public improvement in the right-of-way.
(b)
The operations of the City or other governmental entity in the
right-of-way.
(c)
Vacation of a street or road or the release of a utility easement.
(d)
An emergency as determined by the City.
(7)
Visual and/or land use impact. The City retains the right to deny
an application for the construction or placement of a non-tower-based
WCF based upon visual and/or land use impact.
I.
Violations applicable to all wireless communications facilities.
(1)
Penalties. Any person violating any provision of this section shall
be subject, upon finding by a Magisterial District Judge, to a penalty
not exceeding $500, for each and every offense, together with attorneys'
fees and costs. A separate and distinct violation shall be deemed
to be committed each day on which a violation occurs or continues
to occur. In addition to an action to enforce any penalty imposed
by this section and any other remedy at law or in equity, the City
may apply to a court of competent jurisdiction for an injunction or
other appropriate relief at law or in equity to enforce compliance
with or restrain violation of any provision of this section.
(2)
Determination of violation. In the event a determination is made
that a person has violated any provision of this section, such person
shall be provided written notice of the determination and the reasons
therefor. Except in the case of an emergency, the person shall have
30 days to cure the violation. If the nature of the violation is such
that it cannot be fully cured within such time period, the City may,
in its reasonable judgment, extend the time period to cure, provided
that person has commenced to cure and is diligently pursuing its efforts
to cure. If the violation has not been cured within the time allowed,
the City may take any and all actions authorized by this section and/or
federal and/or Pennsylvania law and regulations.
J.
Miscellaneous.
(1)
Police powers. The City, by granting any permit or taking any other
action pursuant to this section, does not waive, reduce, lessen, or
impair the lawful police powers vested in the City under applicable
federal, state, and local laws and regulations.
(2)
Severability. If any section, subsection, sentence, clause, phrase,
or word of this section is for any reason held illegal or invalid
by any court of competent jurisdiction, such provision shall be deemed
a separate, distinct, and independent provision, and such holding
shall not render the remainder of this section invalid.
Public utility facilities, excluding production, service, and
storage yards, shall be permitted in any zone without regard to the
use and area regulations; provided, however, that buildings or structures
erected for these utilities shall be subject to the height regulations
and front, side, and rear yard regulations of the zone in which the
facility is located.
[Amended 8-14-2019 by Ord. No. 5748]
The tilling of the soil, raising of crops, and gardening for noncommercial purposes shall be permitted in any zone. Direct commercial sales of agricultural commodities upon property owned and operated by a landowner who produces not less than 50% of the commodities sold is permitted. Customary agricultural operation, farming, nurseries, greenhouses, riding academies, livery and boarding stables, kennels, and animal hospitals are regulated by the applicable zoning district (see Article V).
A.
Containerized storage. The use of containers to provide storage space
is permitted on a temporary basis throughout the City if the following
conditions are met:
(1)
A permit shall be secured from the Zoning Officer which shall specifically
state the following criteria:
(a)
The permit is temporary and shall expire six months after the
date of issuance.
(b)
The nature of the storage facility.
(c)
Requirements on how the containers are to be secured.
(d)
Provisions for removal of the containers.
(e)
Signature of the applicant binding him to the conditions set
forth in the permit.
(2)
Storage containers under this section shall not require land development
review; however, the applicant shall submit plans clearly showing
the location of the container on the property and supply a listing
of the types of materials to be stored in the container with the application.
(3)
A single six-month extension is available through an administrative hearing before the Zoning Hearing Board. If granted, such approval shall order the Zoning Officer to issue another permit in accordance with Subsection A (1) above. This approval shall not be construed to be a variance or special exception.
(4)
The Zoning Officer or Zoning Hearing Board may require the applicant
to post financial security to ensure proper removal of the containers.
(5)
This section shall not apply to containers used in conjunction with
work for which a valid building or demolition permit has been issued,
unless such containers are in place for more than 30 days after work
under the permit has been completed.
(6)
Containers remaining in place beyond the permitted temporary period
shall be considered permanent and regulated as structures under this
chapter.
B.
Open storage. All open storage (including scrap yards, junkyards,
and automobile wrecking yards) shall be located within an area not
closer than 50 feet from any street right-of-way line and shall be
fully screened from view. The storage of combustible materials shall
be a minimum of 20 feet from any lot line, and a driveway sufficient
for free access of fire equipment shall be installed.
A.
Small accessory wind turbines. Wind turbines or wind energy conversion
systems (both referred to as "WECS" in this section) that have a rated
capacity less than 100 kW are permitted by right in all zoning districts
(but prohibited in historic districts) as accessories to a principal
residential, commercial, public/semipublic, or industrial land use.
However, the following restrictions apply. Note that meteorological
("met") towers set up to test for wind conditions prior to the construction
of such a system are subject to the same regulations but must be dismantled
less than three years after erection.
(1)
Construction drawings must be reviewed and approved by the City of
Altoona Code Enforcement Department via a building permit. To the
extent applicable, all WECS shall comply with adopted City building
codes.
(2)
The WECS or met towers may cause no more than 45 decibels (dBA) of
noise on the A scale and/or 60 decibels (dBC) of noise on the C scale
— or no more than 10 decibels above the ambient noise level,
whichever is greater — as measured from any property line.
(3)
The turbine's blades may not cast a shadow onto a neighboring residence's
windows.
(4)
The accompanying tower must be secured so that the general public
and children may not climb it.
(5)
The tower must be no taller (to the tip of the blade at its highest
point in rotation, including any building or other structure on which
it might stand) than the distance from the center of its base to the
nearest property line multiplied by a factor of 1.1. A WECS or met
tower may exceed the building height limits otherwise imposed by its
zoning district so long as it meets the requirements of this section.
(6)
Within six months of the date on which the WECS is no longer used,
it must be dismantled and removed from its host property.
(7)
Signs may not be installed on a WECS. WECS shall not be lighted unless
required by the Federal Aviation Administration.
(8)
WECS shall be a nonobtrusive color: white, off-white, or gray.
(9)
Accessory WECS shall not be erected in front yards within residential
zoning districts.
(10)
Any physical modification to a WECS that alters the size, type,
or number of turbines must be approved as a new WECS via a new application.
(11)
Any WECS may only serve one principal use or lot unless otherwise
approved by the Zoning Hearing Board.
B.
All other wind turbines. All wind turbines or wind energy conversion
systems (both referred to as WECS here) that have a rated capacity
greater than 100 kW, and all turbines that are to be the principal
use on a lot, are permitted solely in the General Industrial Zoning
District as a special exception approved by the City Zoning Hearing
Board, which must use the following criteria. Note that meteorological
(met) towers set up to test for wind conditions prior to the construction
of such a system are subject to the same regulations but must be dismantled
less than three years after erection.
(1)
Construction drawings must be reviewed and approved by the City of
Altoona Code Enforcement Department via a building permit. All such
WECS must be submitted for land development approval under the provisions
of Part 7. All state and federal permits and permissions — as
well as land development approval — must be obtained before
a building permit will be issued. To the extent applicable, all WECS
shall comply with the adopted City building codes.
(2)
The WECS or met towers may cause no more than 45 decibels (dBA) of
noise on the A scale and/or 60 decibels (dBC) of noise on the C scale
— or no more than 10 decibels above the ambient noise level,
whichever is greater — as measured from any property line.
(3)
The WECS's blades may not cast a shadow onto a residence's windows.
(4)
The accompanying tower must be secured so that the general public
and children may not climb it.
(5)
The tower must be no taller (to the tip of the blade at its highest
point in rotation, including any buildings or structures on which
it might stand) than the distance from the center of its base to the
nearest property line multiplied by a factor of 1.1. A WECS or met
tower may exceed the building height limits otherwise imposed by its
zoning district so long as it meets the requirements of this section.
(6)
Signs may not be installed on a WECS. WECS shall not be lighted unless
required by the Federal Aviation Administration.
(7)
WECS shall be a nonobtrusive color: white, off-white, or gray.
(8)
All transmission lines to WECS shall be placed underground.
(9)
If the applicant or owner is granted or holds a special exception
for a WECS or wind turbine, the City, at any time after the grant
of the special exception, may require the applicant to provide a form
of surety approved by the City Solicitor if the Zoning Officer determines
that the turbine or its system is not in compliance with the regulations
of this section or any other federal, state, or local regulation.
Any notice of violation issued by the City will require that the identified
defect be appropriately fixed and that the required surety be provided
in an amount determined by the City to be adequate to remove the entire
turbine and system if needed.
(10)
Any physical modification to a WECS that alters the size, type,
or number of turbines must be approved as a new WECS via a new application.
(11)
Any road damage caused by the installation of the WECS shall
be repaired by its owner or at the cost of its owner.
(12)
Applications to the Zoning Hearing Board for WECS special exception
shall include the following.
(a)
A narrative describing the proposed WECS, including an overview
of the project; the project location; the generating capacity of the
wind energy facility; the number, representative types and height
or range of heights of wind turbines to be constructed, including
their generating capacity, dimensions and respective manufacturers,
and a description of ancillary facilities.
(b)
Identification of the properties on which the proposed WECS
will be located and the properties adjacent to where the WECS will
be located.
(c)
A plan showing the planned location of each wind turbine, property
lines, setback lines, access road and turnout locations, substation(s),
electrical cabling from the WECS to the substation(s), ancillary equipment,
buildings, and structures, including meteorological towers, associated
transmission lines, and layout of all structures within the geographical
boundaries of any applicable setback.
