§ 27-803.   Uses Permitted by Special Exception.
   The following uses and activities may be permitted as a special exception when authorized by the Zoning Hearing Board:
   A.   Indoor amusements, recreation or entertainment.
   B.   Clubs, lodges or fraternal organizations.
   C.   Laboratory for research, testing and development (indoor).
   D.   Wholesale or distribution businesses.
   E.   Cleaning and laundry establishments.
   F.   Assembly, fabrication or compounding of products from materials previously manufactured or processed.
   G.   Packaging or bottling works.
   H.   Processing or manufacture of food products.
   I.   Manufacture of small items such as precision instruments, optical goods, textiles, electrical appliances and components, etc.
   J.   Uses which, in the opinion of the Zoning Hearing Board, are of the same general character as the above uses, and which will not be detrimental to the intended purposes of this Chapter.
   K.   Communication tower antenna greater than 40 feet in height located outside of the street right-of-way.
      Communications towers greater than 40 feet in height located outside of the street right-of-way shall be permitted by special exception in all zoning districts except the Residential R-1, R-2, R-3 and Neighborhood Commercial Districts, in accordance with the following:
   A.   Applicant shall demonstrate compliance with the general design requirements of this Section.
   B.   Height requirements. Communications towers, including attached antennas, shall be kept to the minimum height needed to function in accordance with industry standards; however, in no case shall any communications tower exceed a maximum height of 150 feet.
   C.   Location and setback requirements.
   (1)   Communications towers shall have a minimum yard area, for all yards, that is equal to the height of the tower, including all antennas.
   (2)   Communications towers shall be located a minimum of 500 feet from the Suburban Residential, Village Residential, Attached Residential, and Multifamily Residential zoning districts, as well as a minimum of 500 feet from an existing dwelling or a dwelling lot approved by the Borough as part of a subdivision or land development plan.
   (3)   Communications towers in excess of 40 feet in height shall not be permitted to be located in a street right-of-way.
   D.   Siting report. The applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing communications tower, building, or other suitable structure within the boundaries of the Borough and within 1 mile of the perimeter of the Borough. A report shall be submitted with the application for permit approvals, demonstrating that the following requirements have been considered:
   (1)   The applicant shall demonstrate that the tower is necessary to fill a gap in current coverage and that the only possibility of closing this gap in coverage is to construct a new tower facility.
   (2)   The applicant shall demonstrate that there is no existing communications tower, building, or other suitable structure available within a one-mile radius of the proposed location of the tower on which the communications antennas can be located or co-located.
   (3)   The applicant shall demonstrate that the proposed location is the least intrusive of the properties studied, relative to the tower design and possible alternatives; that it will not impact any sensitive environmental areas, and that it will not negatively affect public safety with regards to structure failure, falling ice, or other debris which may become detached from the facility.
   (4)   Communications towers, communications antenna and communications ancillary equipment shall be made of materials consisting of a neutral color or a color that blends well with natural surroundings, such as a low gloss light gray, light blue, or light green color, unless other colors are required by the Federal Communications Commission or Federal Aviation Commission.
(Ord. 77-5, 2/28/1977, §802; as amended by Ord. 2016-01, 8/2/2016, §5)