Article 1306
SUPPLEMENTARY REGULATIONS
Sections:
1306.01 Accessory uses and structures.
1306.02 Satellite dish antennas.
1306.07 Forestry and mineral excavation.
1306.08 Yard requirements for accessory uses and buildings.
1306.09 Application of yard regulations.
1306.14 Traditional neighborhood development.
1306.16 Landscaping requirements.
1306.17 Prohibited uses under land use sharing agreement.
1306.18 Airport district overlay.
1306.19 Wireless communications facilities.
1306.20 Creekside recreational development.
1306.01 Accessory uses and structures.
(A) It is the intent of this zoning code that accessory uses and structures be permitted in conjunction with any lawful use. To guide proper accessory uses and structures, the following table will supplement use tables in previous articles. When an accessory structure or use is not specifically mentioned, the zoning administrator shall determine if it is practically the same as a mentioned use.
(B) Except as may be permitted by home occupation or in conjunction with a principal use other than residential, in all residential zoning districts and on all lots outside of a residential zoning district, on which are located single-family and multiple-family dwellings for residential use, no commercial, sales or business activity of any kind, inside or outside of a building, shall be permitted as an accessory use, except that yard sales, as defined, may occur no more than seven days per calendar year.
|
Use |
Permitted Accessory Uses and Structures |
|---|---|
|
Single-Family Dwellings |
Garages, carports, garden sheds, storage buildings, home workshops, satellite dish antennas, swimming pools, avocational greenhouses, tennis courts |
|
Multiple-Family Dwellings |
Garages, carports, laundry for tenants, swimming pools, recreation facilities for tenants, storage building for maintenance or tenants, garden sheds, satellite dish antennas |
|
Commercial or Industrial |
Garages, carports, parking ramps, swimming pools, day care for employees, tenants or patrons, satellite dish antennas, enclosed storage areas, parking lots, maintenance buildings, recreation facilities, commissary for employees or tenants |
|
Institutional |
Supply stores for tenants, employees or students, day care centers for tenants, employees or students, swimming pools, garages, carports, satellite dish antennas, enclosed storage areas, maintenance buildings, parking lots, cafeteria for employees or tenants or students, similar necessary scientific, recreational, spiritual, educational or residential facilities |
(C) An accessory use, building or structure may be established or placed on a lot that is within 50 feet and separated from the lot occupied by the principal use to which the use, building or structure relates by a right-of-way, if approved by the board as a special exception subject to the following provisions:
(1) The applicant must document, by gross area and/or gross floor area, as applicable, the area the accessory use, building and/or structure is proposed to occupy; and
(2) If the principal use is nonconforming, the accessory use, building and/or structure shall be counted toward the maximum expansion limit prescribed in Article 1307 MMC for nonconforming uses; and
(3) A consolidation deed, deed restriction or alternate statement approved by the city shall be recorded with the deed(s) for the accessory parcel(s) detailing the relationship between the parcels so as to prevent sale or conveyance of the accessory parcel separate from the principal parcel, absent restrictive covenants acceptable to the city. (Ord. 3764 § 2, 2017; Ord. 3618 § 14, 2005; Ord. 3578 § 6, 2001; Ord. 3384 § 2, 1994)
1306.02 Satellite dish antennas.
While a permitted accessory structure in all districts, no satellite dish antenna shall be located in side or front yard areas. If located at ground level, the antenna shall be appropriately landscaped, and yard areas shall be screened. Satellite dish antennas may be located on rooftops. (Ord. 3384 § 2, 1994)
1306.03 Swimming pools.
All in-ground swimming pools shall be enclosed by a fence at least four feet high, with a self-latching gate, for the purpose of public safety. Above-ground pools shall provide comparable safety measures. (Ord. 3384 § 2, 1994)
1306.04 Horticulture.
Horticulture, as defined by this code, shall be a permitted accessory activity in all districts and for all uses. (Ord. 3384 § 2, 1994)
1306.05 Home occupations.
Repealed by Ord. 3618. (Ord. 3384 § 2, 1994)
1306.06 Drive-through for financial institutions, car washes, dry cleaners, drive-through or drive-in restaurants or drive-in retail businesses.
Drive-through for financial institutions, car washes, dry cleaners, drive-through or drive-in restaurants or drive-in retail businesses shall be permitted by the zoning administrator as an accessory to the operation if they meet the following criteria:
(A) Under no circumstances shall vehicular traffic be required to back onto public streets.
(B) For all drive-through lanes, a total stacking area suitable for six cars shall be available between the point of service and a public street.
(C) Under no circumstances shall public streets serve as a drive-through lane. (Ord. 3384 § 2, 1994)
1306.07 Forestry and mineral excavation.
Natural resource uses shall be permitted, provided the following standards can be met to protect public health and safety in an urban environment:
(A) Forestry shall be permitted by right in all districts, provided:
(1) Roads used for access shall be kept in a mud-free condition at the end of each day.
(2) All harvesting practices must include measures to protect nearby structures and utility lines.
(3) To avoid traffic congestion and excess noise, all harvesting activities must be conducted between Monday and Friday between the hours of 8:30 a.m. and 4:00 p.m.
(B) Repealed by Ord. 3706. (Ord. 3706 § 5, 2012; Ord. 3618 § 16, 2005; Ord. 3578 § 10, 2001; Ord. 3384 § 2, 1994)
1306.08 Yard requirements for accessory uses and buildings.
Unless otherwise noted in this code, accessory structures for a residential use may be located in side or rear yard areas to within three feet of a lot line, unless the side or rear yard abuts a street or alley in which case a 10-foot setback shall be maintained. Otherwise, all accessory uses and structures shall meet all yard lot and area requirements. (Ord. 3706 § 5, 2012; Ord. 3578 § 17, 2001; Ord. 3384 § 2, 1994)
1306.09 Application of yard regulations.
(A) Where a structure exists on an adjacent lot and is within 150 feet of the proposed structure, and the existing structure has a front yard less than the minimum depth required, or where structures exist on both adjacent lots, the minimum depth of the front yard shall be the average depth of the front yard(s) of the existing adjacent structure(s).
(B) With the exception of open decks, all structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yards, except as specifically noted in this code. Open decks may project four feet into front or side yards and up to three feet from the rear lot line.
(C) A fence no higher than eight feet is permitted in a side and rear yard. A fence or hedge is permitted in the front yard provided it is no higher than four feet and does not interfere with the line of sight for vehicular traffic on adjoining streets or alleys. These restrictions do not apply to other natural screening trees or buffers as may be required under this code. A retaining wall may be constructed in any yard as necessary to stabilize a natural earthen embankment and for that purpose only. Terraces without walls, roof and enclosures are permitted in any yard.
(D) Swimming pools and associated decks shall be permitted in rear yards only; provided, that the pool is located not less than 10 feet from any side yard line and 10 feet from the rear yard line. Pumps, filtration devices, and similar apparatus required by the pool shall lie within the side or rear yard area.
(E) The following structures are exempt from height regulations provided they do not constitute a hazard: communication towers, church spires, chimneys, elevator bulk heads, smoke stacks, conveyors, flag poles, agricultural silos, stand pipes, elevated water tanks, derricks and similar structures.
(F) Essential services, handicapped access ramps and lawful service drives are exempt from all area and yard regulations.
(G) No structure of any kind shall be constructed or placed within and no commercial or business activity of any kind shall be conducted within the street right-of-way of any public street or highway except as may be specially permitted in the B-1 central business district as an essential service, or in conjunction with a special event, all in accord with applicable regulations adopted by city council.
(H) The following structures may be placed within three feet of property lines, in side and rear yard areas; provided, that they do not constitute a hazard: chimneys which are connected to a load-bearing structural wall and of sufficient height to carry away particulates, fire and emergency access stairs and platforms, air conditioning devices, and restaurant ventilation devices.
(I) In corner lots, side yards opposite the street to which the property is addressed or opposite the front of the house, as deemed appropriate by the zoning administrator, may, upon request, be treated as rear yards for the purposes of this code. In through lots, front yards opposite the street to which the property is addressed or opposite the front of the house, as deemed appropriate by the zoning administrator, may, upon request, be treated as rear yards for the purposes of this code. (Ord. 3706 § 5, 2012; Ord. 3618 § 17, 2005; Ord. 3578 §§ 18, 19, 2001; Ord. 3384 § 2, 1994)
1306.10 Temporary structures.
Temporary structures, in conjunction with construction work, shall be permitted only during the period that the construction work is in progress. (Ord. 3384 § 2, 1994)
1306.11 Flood hazard areas.
Repealed by Ord. 3706. (Ord. 3384 § 2, 1994; Ord. 3347 § 1, 1993)
1306.12 Steep slope areas.
Any development of slopes of more than 15 percent must be submitted on a plan prepared by a registered engineer or architect showing how the development will treat the slope problem. The zoning administrator shall refer the plan to the city engineer or a consulting engineer for review and advice before issuing any permit. (Ord. 3384 § 2, 1994)
1306.13 Adaptive reuse.
(A) Purpose and Authority. Authority for this section derives from Section 603(g)2 of the Pennsylvania Municipalities Planning Code. This section is adopted for the express purpose of encouraging the adaptive reuse of historic buildings within the city.
(B) Applicability. This section shall apply to historic structures and former public buildings (including schools, churches, armories, and other civic structures of at least 50 years in age) which lie within any zoning district within the city, with the exception of the R-1 single-family residential district.
(C) Permitted Reuses. Historic structures and former public buildings which meet the criteria outlined in this code may be reused for the following purposes by conditional use:
(1) Single-family dwelling.
(2) Multiple-family dwelling.
(3) Financial institution.
(4) Private clubs or social halls; provided, that there are no sales of alcohol on the premises.
(5) Day care facilities of all types.
(6) Nursing or personal care homes.
(7) Hospitals and medical clinics for humans.
(8) Civic or cultural building.
(D) Standards for Exterior Alterations. It shall be a condition of this adaptive reuse that all exterior alterations shall meet the Secretary of Interior Standards for Historic Preservation. Signage shall be limited to the type normally permitted in the district.
(E) Parking. The following parking requirements shall be met:
(1) Medical/office uses: one space per first 1,000-foot GFA and one space per each additional 750 feet GFA.
(2) Dwellings: one space per bedroom to a maximum of two per dwelling unit.
(3) All other uses: one space per each 2,000 square feet.
Parking may be provided on-lot or within 500 feet of the building entrance if insufficient public or on-street spaces are available.
(F) Demolition and Reconstruction. If any structures meeting the criteria of this code are removed subsequent to the adoption of the ordinance codified in this section, a new structure may be built to meet the use criteria of subsection (C) of this section provided:
(1) The use is one allowed under subsection (C)(1), (3), (4), (5), (6), or (7) of this section only.
(2) The developer shall describe why demolition is necessary. Prior to demolition, the building shall be documented by fully exterior photographic coverage and a narrative description consistent with Pennsylvania Historical and Museum Commission Historic Resource Survey Standards. Three copies of this documentation shall be furnished to the city.
(3) The original building footprint is adhered to for all front and side yard lines. The principal entrance shall be located on the same street frontage as the original building.
(4) All off-street parking is confined to the rear of the structure.
(5) The new construction shall meet the following standards:
(a) Buildings shall generally relate in scale and design features to the surrounding buildings and the previous building on site.
(b) Long monotonous uninterrupted walls or roof planes shall be avoided.
(c) Window arrangement shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned whenever possible. Upper-story windows shall be vertically aligned with the location of windows and doors on the ground level.
(d) Blank, windowless walls are discouraged. Where the construction of a blank wall is necessitated by local building codes, the wall should be articulated by the provision of blank window openings trimmed with frames, sills, and lintels, or, if the building is occupied by a commercial use, by using recessed or projecting display window cases. Intensive landscaping may also be appropriate in certain cases.
(e) All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, balustrades, and others, where appropriate. Any such element utilized shall be architecturally compatible with the style, materials, colors, and details of the building as a whole, as shall the doors. (Ord. 3578 § 2, 2001)
1306.14 Traditional neighborhood development.
(A) Purpose and Authority. Authority for this section derives from Article VII-A of the Pennsylvania Municipalities Planning Code, and its purposes are as follows:
(1) To ensure that the zoning regulations which are concerned in part with the uniform treatment of dwelling type, bulk, density, intensity and open space within each zoning district shall not be applied to the improvement of land by other than lot-by-lot development in a manner that would distort the objectives of the city’s community development goals and objectives.
(2) To encourage innovations in residential and nonresidential development and renewal which makes use of a mixed use form of development so that the growing demand for housing and other development may be met by greater variety in type, design and layout of dwellings and other buildings and structures and by the conservation and more efficient use of open space ancillary to said dwellings and uses.
(3) To extend greater opportunities for better housing, recreation and access to goods, services and employment opportunities to all citizens and residents of this commonwealth.
(4) To encourage a more efficient use of land and of public services to reflect changes in the technology of land development so that economies secured may benefit those who need homes and for other uses.
(5) To allow for the development of fully integrated, mixed use pedestrian-oriented neighborhoods.
(6) To minimize traffic congestion, infrastructure costs and environmental degradation.
(7) To promote the implementation of the objectives of the City of Meadville comprehensive plan for guiding the location of growth.
(8) To provide a procedure in aid of these purposes which can relate the type, design and layout of residential and nonresidential development to the particular site and the particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential and nonresidential areas.
(9) To ensure that the increased flexibility of regulations over land development authorized herein is carried out under such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay.
(10) Where not specified in this article, standards from Article VII-A of the Pennsylvania Municipalities Planning Code or the City of Meadville zoning ordinance shall govern.
(B) Process. Traditional neighborhood developments shall be permitted in the B-1 central business district, B-2 general business district and T-1 transitional district. A traditional neighborhood development shall be permitted in the designated zones as a conditional use in accordance with the requirements of this code.
(C) Minimum Size of Overlay. To qualify for designation, the minimum size of a traditional neighborhood development must be such that it will be bounded on all sides by an existing or proposed public street or alley. Traditional neighborhood developments meeting this minimum may extend beyond this area and end in mid-block.
(D) Uses. Regardless of the underlying zoning designation, the following uses shall be permitted as a part of an approved traditional neighborhood development overlay district:
(1) Townhouse dwellings (minimum of five units).
(2) Multifamily dwellings.
(3) Private clubs and social halls.
(4) Day care facilities.
(5) Financial institutions.
(6) Professional offices.
(7) Civic and cultural buildings.
(8) Retail sales (NEC).
(9) Personal services.
(10) Restaurants.
(11) Public parks and playgrounds.
(12) Parking lot or structure.
In the case of an adaptive reuse, involving no new construction or demolition and adhering to the Secretary of Interiors standards for any rehabilitation, the adaptive reuses permitted by this code shall be permitted uses. In the case of new construction, adaptive reuses shall be by conditional use.
(E) Procedures for Approval of Traditional Neighborhood Development.
(1) The developer is encouraged to begin the process by submitting a sketch plan describing and illustrating the proposed project consistent with the requirements of Section 707A of the Pennsylvania Municipalities Planning Code.
(2) The application for conditional use approval of a traditional neighborhood development in a designated zone shall be submitted on forms provided by the city, together with plans providing the information required by this code and demonstrating compliance with the standards for traditional neighborhood development as set forth in this code, together with fees to be established by resolution of city council.
(3) The process for conditional use approval shall follow the requirements set forth in the Pennsylvania Municipalities Planning Code and this code.
(4) The city planning commission shall review the plans and make recommendations. If the recommendations are accepted by the developer, the planning commission’s approval of recommendations shall constitute preliminary approval.
(5) Following the review and approval of the planning commission, and a hearing and consideration by the city council in accordance with the applicable requirements of the Pennsylvania Municipalities Planning Code, the city council shall determine whether the conditional use should be granted under applicable standards and may, if granted, impose reasonable additional conditions, which if accepted by developer shall constitute final approval.
(6) Upon final approval, the developer shall incorporate all required provisions into the final plan and file the final plan with the city.
(F) Conditional Use Plan Submission Requirements. All applications for traditional neighborhood development shall include the following:
(1) Amount, location of, proposed use of common open space. If proposed as private common space, a plan for maintenance shall be included.
(2) Location and physical characteristics of the site.
(3) Location, use, and description of existing buildings and whether they will be rehabilitated, adaptively reused, demolished or unchanged.
(4) Location, design, type and use of proposed new structures.
(5) Location, design, type and use of existing and proposed streets, alleys, sidewalks or pedestrian ways.
(6) A parking plan, including the use of on-street parking, parking structures, and private or public parking lots.
(7) A landscaping plan, including preservation of existing trees, street trees, street plantings, street furniture. This plan shall include a plan for future maintenance and be developed by a licensed landscape architect.
(8) A description of how the proposed traditional neighborhood development relates to the abutting development in the city, including private land uses, and city infrastructure (including public sidewalks, street trees, street systems, parks and parking) as well as any necessary buffering or screening.
(9) A description of how the proposed traditional neighborhood development relates to the City of Meadville comprehensive plan.
(10) A time schedule and any phasing of development.
(G) Design and Development Standards for Public or Private Improvements.
(1) Streets, sidewalks and footpaths shall be integrated into the existing city systems to the maximum extent possible. Proposed new streets, except alleys, shall have sidewalks.
(2) Any drive-through facilities shall be designed to enter and exit on the street or alley determined to have the least vehicular and pedestrian traffic.
(3) Parking. All parking lots, except where there is a compelling reason to the contrary, shall be located in the rear of buildings. Off-street parking may be located within 500 feet of the principal entrance of the building. In calculating total parking needs, if mixed use developments are shown to have different peak times, the city may grant a 30 percent reduction in parking. In the case of parking structures, the design of exterior surfaces shall be of a form and material which relates to abutting buildings. The entrance to all off-street parking lots or structures shall be designed to minimize pedestrian conflicts.
(4) Landscaping. All parking lots shall be landscaped consistent with MMC 1308.02(D). If not existing, street trees shall be provided consistent with city standards. All common areas, transition areas between various land uses, setback areas and other spaces shall be suitably landscaped.
(5) Design. All structures and improvements shall be designed in accordance with a Manual of Written and Graphic Design Guidelines as may be adopted by and in effect in the City of Meadville.
(H) Lot, Yard, Density and Design Standards.
(1) Structures shall be placed close to the street at generally one-quarter of the width of lot or less.
(2) Townhouse units shall have a minimum lot width of 15 feet. All townhouse units shall have a minimum lot size of 1,800 square feet. All townhouse dwelling units shall have a private rear yard patio or upper floor terrace.
(3) Spatial relationships between buildings and other structures shall be geometrically logical and/or architecturally formal. On a lot with multiple buildings, those located on the interior of the site shall front toward and relate to one another, both functionally and visually. A lot with multiple buildings may be organized around features such as courtyards, greens, or quadrangles which encourage pedestrian activity and incidental social interaction among users. Buildings shall be located to allow for adequate fire and emergency access.
(4) Buildings shall be considered in terms of their relationship to the height and massing of adjacent buildings, as well as in relation to the human scale.
(5) Buildings shall be located to front toward and relate to public streets, both functionally and visually, to the greatest extent possible. Buildings shall not be oriented to front toward a parking lot.
(6) Buildings shall define the streetscape through the use of uniform setbacks along the building line for each block. The building line shall be generally continued across side yard setback areas between buildings by using landscaping. The streetscape shall also be reinforced by lines of closely planted shade trees, and may be further reinforced by walls, hedges or fences which define front yards.
(I) Compliance with Finally Approved Plan Required. Developer shall construct and develop the traditional neighborhood development in accordance with the finally approved plan. (Ord. 3578 § 3, 2001)
1306.15 Public rights-of-way.
(A) Temporary uses and activities of no more than 48 hours’ duration shall be permitted in a right-of-way by owners of abutting properties so long as the use or activity does not create a public nuisance.
(B) Unless otherwise permitted under Article 1309 MMC or subsection (A) of this section, no structure or item of any kind shall be constructed or placed within and no commercial or business activity of any kind shall be conducted within the street right-of-way of any public street or highway except in the B-1 central business district, or in conjunction with a special event, all in accord with applicable regulations adopted by city council. (Ord. 3706 § 5, 2012)
1306.16 Landscaping requirements.
Purpose: To promote the natural retention and flow of storm water, and to create areas of buffer and transition between various forms of land use, the following landscaping standards shall be applicable to all land development in all zoning districts involving new buildings and structures of 5,000 square feet or greater area at ground level either individually or in combination:
(A) Land Development Landscaping Requirements. A land development in any zoning district with a building or structure, or buildings or structures in combination, with a total footprint (at ground level) of 5,000 square feet gross area, or more, shall comply with the screening and landscaping requirements for buffering as set forth in subsection (B) of this section in addition to the screening and landscaping regulations for off-street parking areas found in MMC 1308.02(D).
(B) Buffering. A land development in any zoning district with a building or structure, or buildings or structures in combination, with a total footprint (at ground level) of 5,000 square feet gross area, or more, shall provide a buffer yard, in compliance with one of the following options, between the lot being developed and any adjoining lot on which is located a single-family home, or which is located in a residential zoning district:
(1) Type I Buffer Yard. A Type I buffer yard shall consist of a triple row of Norway spruces or comparable native species planted at oblique lines to one another so that a continuous screen is provided. All trees shall be a minimum of six feet at the time of planting.
(2) Type II Buffer Yard. A Type II buffer yard shall consist of a 25-foot planting strip between adjoining lot lines and any building or parking area on the lot being developed. The planting strip shall be suitably landscaped and maintained so as to provide a visual screen to a height of at least six feet throughout the year in accordance with a written landscape plan filed with and approved by the zoning administrator. The screening may consist of natural vegetation sufficient for screening or combinations of conifers and deciduous trees and shrubbery and other landscaping features. At time of planting, trees shall be a minimum of six feet if coniferous and eight feet if deciduous.
(3) Type III Buffer Yard. A Type III buffer yard shall consist of an opaque fence at least four feet in height for the full length of the lot line on which the buffer is required. On the outside perimeter of the fence, a 10-foot planting strip shall be maintained. The planting strip shall be suitably landscaped and maintained so as to provide a visual screen to a height of at least six feet throughout the year in accordance with a written landscape plan filed with and approved by the zoning administrator. The screening may consist of natural vegetation sufficient for screening or combinations of conifers and deciduous trees and shrubbery and other landscaping features. At time of planting, trees shall be a minimum of six feet tall if coniferous and eight feet tall if deciduous.
(C) Landscaping Plan. A landscaping plan shall be submitted to the zoning administrator to show the delineation of required buffer yards and the type of planting, including proposed tree species and sizes and other landscaping meeting the requirements of this code. All landscaping shall be designed by a registered landscape architect or other person qualified by training and experience to provide landscaping plans, as determined by the zoning administrator. When approved by the zoning administrator, the landscaping plan shall be retained for purposes of measuring compliance in the future.
(D) In all landscape plans, existing healthy trees and shrubbery should be retained as feasible.
(E) All fences, trees, shrubs and other landscaping materials shall be maintained substantially in the manner set forth in the approved plans. Trees and shrubs which have died shall be replaced within six months. The buffers do not need to be retained if the adjoining residential building is demolished and the residential use of the premises is abandoned or if the adjoining zoning district is changed from residential to some nonresidential zoning district and no residential uses are maintained on adjacent lots. (Ord. 3621 § 1, 2005; Ord. 3578 § 5, 2001)
1306.17 Prohibited uses under land use sharing agreement.
Under the land use sharing agreement approved by resolution of city council August 18, 2010, pursuant to the 2007 Central Crawford Multi-Municipal Comprehensive Plan, the following uses are expressly prohibited in the City of Meadville as they are provided for in cooperating municipalities: mobile home parks, junkyards, mineral excavation, agricultural uses, recreational campgrounds, outdoor commercial recreation and sanitary landfills. (Ord. 3706 § 5, 2012)
1306.18 Airport district overlay.
(A) Purpose and Authority. Authority for this section derives from 1984 P.L. 164 codified at 74 PA C.S. Section 5912 et seq., and its purpose is to create an airport district overlay that:
(1) Considers safety issues around the Port Meadville Airport.
(2) Regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones.
(3) Creates the permitting process for use within said zones.
(4) Provides for enforcement, assessment of violation penalties, an appeals process, and judicial review.
(B) The airport district overlay shall not modify the boundaries of any underlying zoning district. Where identified, the airport district overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
(C) Establishment of Airport Zones. There are hereby created and established certain zones within the airport district overlay section, defined in this section and illustrated on the airport hazard area map, hereby adopted as part of this section, which include:
Approach surface zone.
Conical surface zone.
Horizontal surface zone.
Primary surface zone.
Transitional surface zone.
(D) Permit Applications. As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or manmade) in the vicinity of the airport that would result in the structure or object to be higher than 190 feet from ground level shall first notify the Department’s Bureau of Aviation (BOA) by submitting PENNDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department’s BOA response must be included with this permit application for it to be considered complete. If the Department’s BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this overlay section. If the Department’s BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations. No permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
(E) Variance. Any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77 Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department’s BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(1) No Objection. The subject construction is determined not to exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination, a variance shall be granted.
(2) Conditional Determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in subsection (H) of this section, Obstruction Marking and Lighting.
(3) Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.
Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the intent of this section.
(F) Use Restrictions. Notwithstanding any other provisions of this section, no use shall be made of land or water within the airport district overlay in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the airport.
(G) Pre-Existing Nonconforming Uses. The regulations prescribed by this section shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated, may only be reestablished consistent with the provisions herein.
(H) Obstruction Marking and Lighting. Any permit or variance granted pursuant to the provisions of this section may be conditioned according to the process described in subsection (E) of this section to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
(I) Violations, penalties and appeals shall be subject to Section 1310.
(J) Conflicting Regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
(K) Severability. If any of the provisions of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared to be severable.
(L) Definitions. The following definitions shall pertain to the terms as used in regard to airport hazard zoning:
“Airport elevation” means the highest point of an airport’s usable landing area measured in feet above sea level. The airport elevation of the Port Meadville Airport is 1,399.
“Airport hazard” means any structure or object, natural or manmade, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 PA C.S. Section 5102.
“Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided for in this section and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
“Approach surface (zone)” means an imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 1, is derived from the approach surface.
“Conical surface (zone)” means an imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1, is based on the conical surface.
“Department” means, for the purposes of airport hazard zoning, the Pennsylvania Department of Transportation.
“FAA” means the Federal Aviation Administration of the United States Department of Transportation.
Height. For the purpose of determining the height limits in all zones set forth in the airport hazard zoning provisions of this code, and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
“Horizontal surface (zone)” means an imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 1, is derived from the horizontal surface.
“Larger than utility runway” means a runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
“Nonconforming use, airport hazard zoning” means, for airport hazard zoning purposes, any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this section or an amendment thereto.
“Non-precision instrument runway” means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned. Port Meadville Airport is a non-precision instrument runway.
“Obstruction” means, for airport hazard zoning purposes, any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this section.
“Precision instrument runway” means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
“Primary surface (zone)” means an imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The primary surface zone, as shown on Figure 1, is derived from the primary surface.
“Runway” means a defined area of an airport prepared for landing and takeoff of aircraft along its length.
“Structure, airport hazard zoning” means, for the purposes of airport hazard zoning, an object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
“Transitional surface (zone)” means an imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically (7:1). The transitional surface zone, as shown on Figure 1, is derived from the transitional surface.
“Tree” means any object of natural growth.
“Utility runway” means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.
“Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures. (Ord. 3719 § 1, 2013)
1306.19 Wireless communications facilities.
A. General and Specific Requirements for Communications Antennas.
(1) The following regulations shall apply to all communications antennas, except those operated by a federally licensed amateur radio operator:
(a) Standard of Care. All communications antennas shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the Pennsylvania Uniform Construction Code, American National Standards Institute (ANSI) Code, and National Electrical Code. Any communications antennas shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the city.
(b) Permitted in All Zoning Districts Pursuant to Regulations. Communications antennas are permitted pursuant to this code in all zoning districts, so long as they comply with all of the terms and conditions of this code.
(c) Historic Areas. No communications antenna may be located upon any property, or on a building, structure, or historic structure, that is listed on either the National or Pennsylvania Registers of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the city to be of specific historical significance.
(d) Wind. All communications antennas structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/TIA-222, as amended).
(e) Aviation Safety. Communications antennas shall comply with all federal and state laws and regulations concerning aviation safety.
(f) Public Safety Communications and Other Communications Services. Communications antennas shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(g) Radio Frequency Emissions. A communications antenna shall not, by itself or in conjunction with other communications antennas and/or communications towers, 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.
(h) Removal. In the event that use of a communications antenna 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 communications antennas, or portions of communications antennas, shall be removed as follows:
(1) All abandoned or unused communications antennas and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the city.
(2) If the communications antenna or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the city, the communications antenna and/or related equipment may be removed by the city. As security, the city reserves the right to the salvage value of any removed communications antenna and/or related equipment, if such communications antenna and/or related equipment are not removed by the owner within the specific timeframe enumerated in this article.
(i) Insurance. Each person that owns or operates a communications antenna shall provide the city with a certificate of insurance, naming the city as an additional insured, and evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the communications antenna.
(j) Indemnification. Each person that owns or operates a communications antenna shall, at its sole cost and expense, indemnify, defend and hold harmless the city, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the communications antenna. Each person that owns or operates a communications antenna shall defend any actions or proceedings against the city in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a communications antenna. 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.
(k) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:
(1) The communications antenna shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(2) 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.
(3) All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(l) Removal, Replacement and Modification.
(1) To the extent permitted by law, the removal and replacement of communications antennas and/or related equipment for the purpose of upgrading or repairing the communications antenna is permitted, so long as such repair or upgrade does not substantially change the overall size of the wireless support structure or the numbers of communications antennas.
(2) To the extent permitted by state law, any material modification to a communications antenna shall require notice to be provided to the city, and said modification must obtain special exception approval as detailed in this section prior to implementation.
(2) In addition to the regulations enumerated in subsection (A)(1) of this section, the following regulations shall apply only to communications antennas that fall under the Pennsylvania Wireless Broadband Collocation Act:
(a) Permit Required. Communications antenna applicants proposing changes to an existing communications tower, which do not substantially change the dimensions of the existing wireless support structure or otherwise fall under the WBCA, shall obtain a building permit from the city. In order to be considered for such a permit, the applicant must submit a permit application to the city in accordance with applicable permit policies and procedures.
(b) Timing of Approval for Applications that Fall under the WBCA. Within 30 calendar days of the date that an application for a communications antenna is filed with the city, the city shall notify the applicant in writing of any information that may be required to complete such application. Within 60 calendar days of receipt of a complete application, the city shall make its final decision on whether to approve the application and shall advise the applicant in writing of such decision.
(c) Related Equipment. New ground-mounted related equipment greater than three cubic feet shall be screened per the definition of screening in this section.
(d) 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 communications antenna or $1,000, whichever is less.
(3) In addition to the regulations enumerated in subsection (A)(1) of this section, the following regulations shall apply to communications antennas that do not fall under the Pennsylvania Wireless Broadband Collocation Act:
(a) Prohibited on Certain Structures. No communications antenna shall be located on single-family residences, duplexes, or townhomes. In addition, at the city’s election, the city may require that any proposed communications antenna be located and erected on available city owned property (or alternatively, on property owned by a related city municipal authority) on terms acceptable to the city or such municipal authority, absent specific evidence by an applicant that such proposed city/municipal authority location does not satisfy the applicant’s technical requirements for such antenna.
(b) 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 communications antenna and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these communications antenna provisions. The applicant and/or owner of the communications antenna shall reimburse the city for all costs of the city’s consultant(s) in providing expert evaluation and consultation in connection with these activities.
(c) 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 communications antenna, as well as related inspection, monitoring and all other related costs.
(d) Development Regulations. Communications antennas shall be co-located on existing wireless support structures subject to the following conditions:
(1) The total height of any wireless support structure and mounted communications antenna shall not exceed 20 feet above the maximum height permitted in the underlying zoning district.
(2) In accordance with industry standards, all communications antenna applicants must submit documentation to the city justifying the total height of the communications antenna. Such documentation shall be analyzed in the context of such justification on an individual basis.
(3) If the applicant proposes to locate the related equipment in a separate building, the building shall comply with the minimum requirements for the applicable zoning district, and landscaping shall be required to screen as much of the equipment building as possible per the definition of screening in this code.
(e) Vehicular access to the communications equipment building, or any structure housing related equipment, shall not interfere with the parking or vehicular circulations on the site for the principal use.
(f) Noncommercial Usage Exemption. City residents utilizing satellite dishes and antennas for the purpose of maintaining television, phone, radio and/or Internet connections at their respective residences shall be exempt from the regulations enumerated in this section. Amateur radio operators are exempt from the regulations enumerated in this section.
(g) Design Regulations. Communications antennas shall employ stealth technology and be treated to match the wireless support structure in order to minimize aesthetic impact. The application of the stealth technology chosen by the applicant shall be subject to the approval of the city.
(h) Inspection. The city reserves the right to inspect any communications antenna to ensure compliance with the provisions of this code 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 communications antenna is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(4) Regulations Applicable to All Communications Antennas Located in the Public Rights-of-Way.
In addition to the regulations enumerated in subsection (A)(1) of this section, the following regulations shall apply to communications antennas located in the public rights-of-way:
(a) Co-location. Communications antennas in the ROW shall be co-located on existing infrastructure, such as existing utility poles or light poles. If co-location is not technologically feasible, the applicant, with the city’s approval, shall locate its communications antennas on existing poles or freestanding structures that do not already act as wireless support structures.
(b) Special Exception Approval Required. Any applicant proposing the construction of a new communications antenna, or modification of an existing communications antenna, shall first obtain special exception authorization from the city. New constructions, modifications, and replacements that fall under the WBCA or the applicable provisions of the FCC’s October 2014 Report and Order shall not be subject to the special exception process. The special exception application, and accompanying documentation, shall demonstrate that the proposed facility complies with all applicable provisions in this code.
(c) Design Requirements.
(1) Communications antenna installations located above the surface grade in the public ROW including, but not limited to, those on streetlights and 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.
(2) Communications antennas and related equipment shall be treated with stealth technology by the communications antenna owner or applicant to match the wireless support structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.
(d) Time, Place and Manner. The city shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications antennas 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.
(e) Equipment Location. Communications antennas and related 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:
(1) Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
(2) Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the city.
(3) Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the city.
(4) Any graffiti on any wireless support structures or any related equipment shall be removed at the sole expense of the owner.
(5) Any proposed underground vault related to communications antennas shall be reviewed and is subject to approval by the city.
(f) Relocation or Removal of Facilities. Within two months 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, the owner of a communications antenna in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications antenna 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:
(1) The construction, repair, maintenance or installation of any city or other public improvement in the right-of-way;
(2) The operations of the city or other governmental entity in the right-of-way;
(3) Vacation of a street or road or the release of a utility easement; or
(4) An emergency as determined by the city.
B. General and Specific Requirements for All Communications Towers.
(1) The following regulations shall apply to all communications towers, excluding any communications tower that is owned and operated by a federally licensed amateur radio operator.
(a) Standard of Care. Any communications towers shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the Pennsylvania Uniform Commercial Code, American National Standards Institute (ANSI) Code, Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. At all times, communications towers shall be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the city.
(b) Notice. Upon submission of an application for a communications tower and the scheduling of the mandatory public hearing in front of the city zoning hearing board, the applicant shall mail notice to all owners of every property within 500 feet of the proposed facility. The applicant shall provide proof of the notification to the city.
(c) Special Exception Authorization Required. Communications towers are permitted by special exception in certain zoning districts, at a height necessary to satisfy their function in the applicant’s wireless communications system. No applicant shall have the right under these regulations to erect a tower to the maximum height specified in this section unless it proves the necessity for such height. The applicant shall demonstrate that the proposed communications tower is the minimum height necessary for its service area.
(1) Prior to the city zoning hearing board’s consideration of a special exception application authorizing the construction and installation of a communications tower, it shall be incumbent upon the applicant for such special exception approval to prove to the reasonable satisfaction of the city zoning hearing board that the applicant cannot adequately extend or infill its communications system by the use of equipment such as radios, repeaters, communications antennas, and other similar equipment installed on existing structures, such as utility poles or their appurtenances and other available tall structures. The applicant shall further demonstrate that the proposed communications tower must be located where it is proposed in order to serve the applicant’s service area and that no other viable alternative location exists.
(2) The special exception application shall be accompanied by a propagation study evidencing the need for the proposed tower or other 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 applicant, the power in watts at which the applicant transmits, and any relevant related tests conducted by the applicant in determining the need for the proposed site and installation.
(3) The special exception application shall be accompanied by documentation demonstrating that the proposed communications tower complies with all state and federal laws and regulations concerning aviation safety.
(4) Where the communications tower is located on a property with another principal use, the applicant shall present documentation to the city zoning hearing board that the owner of the property has granted an easement for the proposed communications tower and that vehicular access will be provided to the facility.
(5) The special exception application shall be accompanied by documentation demonstrating that the proposed communications tower complies with all applicable provisions in this section.
(d) Engineer Inspection. Prior to the zoning hearing board’s issuance of a permit authorizing construction and erection of a communications tower, a structural or professional engineer registered in Pennsylvania shall issue to the city a written certification of the proposed communications tower’s ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association and certify the proper construction of the foundation and the erection of the structure. This certification shall be provided during the special exception proceedings before the city zoning hearing board, or at a minimum, be made as a condition attached to any approval given such that the certification be provided prior to issuance of any building permits.
(e) Visual Appearance. Communications towers shall employ stealth technology. All communications towers and related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The city zoning hearing board shall consider whether its decision upon the subject application will promote the harmonious and orderly development of the zoning district and/or surrounding area involved; encourage compatibility with the character and type of development existing in the area; benefit neighboring properties by preventing a negative impact on the aesthetic character of the community; preserve woodlands and trees existing at the site to the greatest possible extent; and encourage sound engineering and construction principles, practices and techniques. Any utilities extending to the communications tower shall be placed underground.
(f) Co-location and Siting. At the city’s election, the city may require that any proposed communications tower be located and erected first on available city owned property on terms acceptable to the city, or secondarily, on property owned by a related city municipal authority, absent specific evidence by an applicant that such proposed city location (or in the second instance, the related city municipal authority) does not satisfy the applicant’s technical requirements for such communications tower, as outlined below. After due consideration of all appropriate city owned property in consultation with the city (or related city municipal authority), any application for a new communications tower shall also demonstrate that the proposed communications tower cannot be accommodated on any other existing or approved structure or building. The city zoning hearing board may deny an application to construct a new communications tower if the applicant has not made a good faith effort to mount the communications antenna on first, city owned property per agreement with the city, and second, property owned by a related city municipal authority; or third, an existing structure. The applicant shall demonstrate that it first contacted the city, related city municipal authorities, and then alternatively contacted the owners of tall structures, buildings, and towers within a one quarter of a mile radius of the site proposed, sought permission to install a communications antenna on those structures, buildings, and towers and was denied by the city and/or the other property owners for one of the following reasons:
(1) The proposed antenna and related equipment would exceed the structural capacity of the existing building, structure or tower, and its reinforcement cannot be accomplished at a reasonable cost.
(2) The proposed antenna and related equipment would cause radio frequency interference with other existing equipment for that existing building, structure, or tower and the interference cannot be prevented at a reasonable cost.
(3) Such existing buildings, structures, or towers do not have adequate location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
(4) A commercially reasonable agreement could not be reached with the owner of such building, structure, or tower.
(g) Permit Required for Modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of an existing communications tower, which increases the overall height of such wireless support structure, shall first obtain a building permit from the city. Nonroutine modifications shall be prohibited without such permit.
(h) Gap in Coverage or Capacity. An applicant for a communications tower must demonstrate that a significant gap in wireless coverage or capacity exists in the applicable area and that the type of communications tower being proposed is the least intrusive means by which to fill that gap. The existence or nonexistence of a gap in wireless coverage or capacity shall be a factor in the city zoning hearing board’s decision on an application for approval of communications tower.
(i) Additional Communications Antennas. As a condition of approval for all communications towers, the WCF applicant shall provide the city with a written commitment that it will allow other service providers to co-locate communications antennas on communications towers where technologically and economically feasible. To the extent permissible under federal and state law, the owner of a communications tower shall not install any additional communications antennas without obtaining the prior written approval of the city.
(j) Wind. Any communications tower structures shall be designed to withstand the effects of wind gusts of at least 100 miles per hour in addition to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222), as amended.
(k) Height. Any communications tower shall be designed at the minimum functional height. The maximum height of any new communications tower outside the public rights-of-way shall be 175 feet. Communications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two block radius of the proposed facility.
(l) Related Equipment. Either one single-story wireless communications equipment building not exceeding 250 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 space on the communications tower.
(m) Public Safety Communications and Other Communications Services. No communications tower shall interfere with public safety communications or the reception of broadband, television, radio or other communications services enjoyed by occupants of nearby properties.
(n) Maintenance. The following maintenance requirements shall apply:
(1) Any communications tower shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(2) Such maintenance shall be performed to ensure the upkeep of the communications tower in order to promote the safety and security of the city’s residents, and utilize the best available technology for preventing failures and accidents.
(o) Radio Frequency Emissions. A communications tower shall not, by itself or in conjunction with other communications towers or communications antennas, 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.
(p) Historic Buildings or Districts. No communications tower may be located upon any property, or on a building, structure, or historic structure, that is listed on either the National or Pennsylvania Registers of Historic Places (either inside or outside the public rights-of-way), or that is deemed by the city to be of local historic significance.
(q) Signs. All communications towers 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 communications tower shall be those required by the FCC, or any other federal or state agency.
(r) Lighting. No communications tower shall be artificially lighted, except as required by law. 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. Automatic lighting is prohibited and all lighting must be controlled manually by an on-site switch. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities and to the city manager.
(s) Noise. Communications towers shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the city code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(t) Aviation Safety. Communications towers shall comply with all federal and state laws and regulations concerning aviation safety.
(u) Retention of Experts. The city may hire any consultant and/or expert necessary to assist the city in reviewing and evaluating the application for approval of the communications tower and, once approved, in reviewing and evaluating any potential violations of the terms and conditions of these provisions. The applicant and/or owner of the communications tower shall reimburse the city for all costs of the city’s consultant(s) in providing expert evaluation and consultation in connection with these activities.
(v) Timing of Approval. Within 30 calendar days of the date that an application for a communications tower 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 applications for communications towers shall be acted upon within 150 days of the receipt of a fully completed application for the approval of such communications towers and the city shall advise the applicant in writing of its 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 150-day review period.
(w) Nonconforming Uses. Nonconforming communications towers which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section.
(x) Removal. In the event that use of a communications tower 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 communications towers, or portions of communications towers, shall be removed as follows:
(1) All unused or abandoned communications towers and related equipment shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the city.
(2) If the communications tower and/or related equipment is not removed within two months of the cessation of operations at a site, or within any longer period approved by the city, the communications tower and related equipment may be removed by the city and the cost of removal assessed against the owner of the communications tower. As security, the city reserves the right to the salvage value of any removed communications tower and/or related equipment, if such communications tower and/or related equipment are not removed by the owner within the timeframes enumerated in this article.
(3) Any unused portions of communications towers, including antennas, shall be removed within two months of the time of cessation of operations. The city must approve all replacements of portions of a communications tower previously removed.
(y) 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 communications tower, as well as related inspection, monitoring, and related costs.
(z) FCC License. Each person that owns or operates a communications tower over 40 feet in height shall submit a copy of its current FCC license, including the name, address, and emergency telephone number for the operator of the facility.
(aa) Insurance. Each person that owns or operates a communications tower greater than 40 feet in height shall provide the city with a certificate of insurance naming the city as an additional insured, and evidencing general liability coverage in the minimum amount of $5,000,000 per occurrence and property damage coverage in the minimum amount of $5,000,000 per occurrence covering the communications tower. Each person that owns or operates a communications tower 40 feet or less in height shall provide the city with a certificate of insurance and endorsement naming the city as an additional insured, and evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each communications tower.
(bb) Indemnification. Each person that owns or operates a communications tower shall, at its sole cost and expense, indemnify, defend and hold harmless the city, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the communications tower. Each person that owns or operates a communications tower shall defend any actions or proceedings against the city in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of the communications tower. 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.
(cc) Engineer Signature. All plans and drawings for a communications tower shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.
(dd) Financial Security. Prior to receipt of a zoning permit for the construction or placement of a communications tower, the applicant shall provide to the city financial security sufficient to guarantee the construction of the communications tower. Said financial security shall remain in place until the communications tower is fully constructed. Should the communications tower be abandoned by the owner and/or operator, and not removed within two months of such abandonment, the city shall have the authority to remove the communications tower and sell all of its pieces, as well as related equipment, used in the operation of the communications tower, in order to recover the cost of said removal.
(2) In addition to the regulations enumerated in subsection (B)(1) of this section, the following regulations shall apply to communications towers located outside the public rights-of-way:
(a) Development Regulations.
(1) Communications towers shall not be located in or within 75 feet of an area in which all utilities are located underground.
(2) Communications towers are permitted outside the public rights-of-way, subject to the prohibitions contained herein, in the following zoning districts:
(a) EDC Economic Development Corridor District;
(b) I-2 Institutional Medical District;
(c) I-3 Special Institutional District;
(d) I-4 Institutional Educational District.
(3) Sole Use on a Lot. A communications tower shall be permitted as a sole use on a lot; provided, that the underlying lot meets the minimum size specifications set forth in the city zoning code.
(4) Combined with Another Use. A communications tower may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:
(a) The existing use on the property may be any permitted use in the applicable district, and need not be affiliated with the communications tower.
(b) Minimum Lot Area. The minimum lot shall comply with the requirements for the applicable zoning district and shall be the area needed to accommodate the communications tower and guy wires, the equipment building, security fence, and buffer planting if the proposed communications tower is greater than 40 feet in height.
(c) Minimum Setbacks. The minimum distance between the base of a communications tower and any adjoining property line or street right-of-way line shall be equal to 100 percent of the height of the communications tower. Further, the tower, fence, guy wires and other structures and appurtenances must meet all setback, bulk, and lot regulations. The underlying lot must be large enough to accommodate related equipment, storm water runoff mechanisms, and all other features typically found within the immediate area of a communications tower.
(b) Design Regulations.
(1) The communications tower shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Application of the stealth technology chosen by the applicant shall be subject to the approval of the city zoning hearing board.
(2) To the extent permissible by law, any height extensions to an existing communications tower shall require prior approval of the city.
(3) Any proposed communications tower shall be designed structurally, electrically, and in all respects to accommodate both the applicant’s communications antennas and comparable communications antennas, for the maximum amount of future users based on the size of the proposed communications tower.
(4) Any communications tower over 40 feet in height shall be equipped with an anti-climbing device, as approved by the manufacturer.
(c) Surrounding Environs.
(1) The applicant shall ensure that the existing vegetation, trees and shrubs located within proximity to the communications tower shall be preserved to the maximum extent possible.
(2) The applicant shall submit a soil report to the city complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222, as amended, to document and verify the design specifications of the foundation of the communications tower, and anchors for guy wires, if used.
(d) Fence/Screen.
(1) A security fence with a maximum height of eight feet shall completely surround any communications tower greater than 40 feet in height, as well as guy wires, or any building housing related equipment.
(2) The applicant shall comply with the requirements for buffer yards and screening as required by the city zoning code.
(e) Related Equipment.
(1) Ground-mounted related equipment associated to, or connected with, a communications tower shall be placed underground or screened from public view using stealth technologies, as described herein.
(2) All related equipment shall be architecturally designed to blend into the environment in which it is situated and shall meet the minimum setback requirements of the underlying zoning district.
(f) Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to communications towers. The access road shall be a dust-free all-weather surface for its entire length. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the communications tower owner shall present documentation to the city that the property owner has granted an easement for the proposed facility.
(g) Parking. For each communications tower greater than 40 feet in height, there shall be two off-street parking spaces.
(h) Inspection. The city reserves the right to inspect any communications tower to ensure compliance with this code 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 communications tower is located at any time, upon reasonable notice to the operator, to ensure such compliance.
(3) In addition to the regulations enumerated in subsection (B)(1) of this section, the following regulations shall apply to communications towers located in the public rights-of-way.
(a) Location and Development Standards.
(1) Communications towers in the ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two block radius of the proposed facility. Communications towers are prohibited in areas in which all utilities are located underground.
(2) Communications towers shall not be located in the front facade area of any structure.
(b) Time, Place and Manner. The city shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communications towers 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.
(c) Equipment Location. Communications towers and related 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:
(1) Ground-mounted related equipment shall be located between the sidewalk and the curb. For reasons of safety and aesthetics, such equipment shall neither protrude onto the curb, nor obstruct the sidewalk.
(2) Ground-mounted related equipment that cannot be placed underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the city zoning hearing board.
(3) Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the city zoning hearing board.
(4) Any graffiti on the tower or on any related equipment shall be removed at the sole expense of the owner.
(5) Any underground vaults related to communications towers shall be reviewed and approved by the city zoning hearing board.
(d) Design Regulations.
(1) The communications tower 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 applicant shall be subject to the approval of the city zoning hearing board.
(2) Communications towers in the public ROW shall not exceed a height comparable to the average height of utility poles or electrical poles within a two block radius of the proposed facility.
(3) To the extent permissible under state and federal law, any height extensions to an existing communications tower shall require prior approval of the city, and shall not violate the provisions described herein.
(4) Any proposed communications towers shall be designed structurally, electrically, and in all respects to accommodate both the applicant’s communications antennas and comparable communications antennas for the maximum amount of future users based on the size of the proposed communications tower.
(e) 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 communications tower in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any communications tower when the city, consistent with its police powers and applicable public utility commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1) The construction, repair, maintenance or installation of any city or other public improvement in the right-of-way;
(2) The operations of the city or other governmental entity in the right-of-way;
(3) Vacation of a street or road or the release of a utility easement; or
(4) An emergency as determined by the city.
(f) Reimbursement for ROW Use. In addition to permit fees as described in this section, every communications tower in the ROW is subject to the city’s right to fix annually a fair and reasonable fee to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the city’s actual ROW management costs including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervising and other ROW management activities by the city. The owner of each communications tower shall pay an annual fee to the city to compensate the city for the city’s costs incurred in connection with the activities described in this section. (Ord. 3752 § 4, 2016)
1306.20 Creekside recreational development.
(A) Purpose. To recognize the unique character and natural resources of French Creek and to preserve and enhance the public’s access to the area. It is further the intent to allow limited recreational development with reasonable standards along with the provision of facilities to minimize traffic congestion, noise, glare and pollution so as to lessen the danger to the public safety and surrounding building values.
(B) Process. Creekside recreational development shall be deemed to be an overlay district in any zoning district that abuts French Creek, subject to special exception approval. The requirements of the CRD shall be additive to the requirements of the underlying zoning district(s) and in the event of a conflict, take precedence over the underlying zoning district(s).
(C) Area of Overlay. This overlay shall include the following: the area between French Creek and Wadsworth Avenue, Spring Street, the city line, Smock Bridge and the French Creek Parkway.
(D) Uses. Regardless of the underlying zoning designation, the following uses shall also be permitted in the creekside recreational development overlay district, subject to special exception approval:
(1) Boat launches, docks, nonmotorized vehicle and pedestrian trails and walks.
(2) Storage sheds no larger than 120 square feet that are accessory to a principal use.
(3) Parking areas and access drives that are accessory to a principal use.
(4) Public parks or playgrounds.
(5) Any use of the same general character as any of the uses above is permitted when authorized as a special exception; provided, that the applicant can demonstrate that traffic and other impacts are similar to those of permitted uses.
(E) Procedures for Approval of Creekside Recreational Development.
(1) The developer is encouraged to begin the process by submitting a sketch plan describing and illustrating the proposed project.
(2) The process for special exception approval shall follow the requirements set forth in the Pennsylvania Municipalities Planning Code and this code.
(3) The application for special exception approval shall be submitted on forms provided by the city, together with plans providing the information required by this code.
(4) All listed uses shall be permitted as a special exception, provided:
(a) No lighting shall be permitted.
(b) Parking shall be provided per Article 1308 MMC. This includes compliance with amount, surfacing, landscaping and other provisions. Further, parking areas consisting of 20 vehicles or more shall be screened from view by one of the buffer yards provided in this article.
(c) No fence or wall over four feet tall, except a retaining wall, may be erected.
(d) If provided, scenic overlook areas, trails, parking and other public gathering places shall be ADA accessible. They shall be made of durable, permanent materials.
(e) Signage shall be limited to one freestanding sign no larger than 24 square feet for each property entrance; and signs no larger than four square feet interior to the property controlling parking or traffic and directional signs to public trail or other public amenities.
(F) Application and Review of Development Proposals.
(1) The submission of a sketch plan is strongly encouraged but not required.
(2) All submissions, including sketch plans and formal submittals, shall include:
(a) A site plan to include buildings, pedestrian access, river access (both physical and visual) and open space areas.
(b) Architectural plans for any proposed buildings in adequate detail to indicate building setback, footprint dimensions, building heights, and building mass. Architectural elevations or sections in adequate detail to indicate how proposed buildings will affect views to the river and across the river to the hills and ridges.
(c) Drawings showing parking areas, signs, street furniture and sidewalk design.
(d) Landscape plan showing the general location of all landscaping and buffer areas and the mature height of all proposed vegetation, differentiating between trees and shrubs.
(e) Any other pertinent data as the city may require.
Creekside Recreational Development Overlay (for illustration purposes only)
(Ord. 3762 § 3, 2017)