(A) Specific intent. To provide an area where a variety of industrial and office uses, as well as certain commercial, may locate.
(B) Uses permitted by right. Land and buildings in the I-1 District may be used for the following purposes and for no others:
(1) As indicated on Table 1;
(2) Testing, cleaning, production, packaging, fabrication, processing, assembly, manufacture, compounding and bottling of goods and materials;
(3) Repair garage, subject to those conditions listed in § 154.054(C)(3);
(4) Motor vehicle service station, subject to those conditions listed in § 154.054(C)(4);
(5) Car wash, subject to those conditions listed in § 154.054(C)(5); and
(C) Uses permitted by special exception. The following uses are permitted when special exceptions are granted by the Zoning Hearing Board:
(1) As indicated on Table 1;
(2) Commercial communications facilities having a tower height up to 175 feet shall be allowed as a use by special exception, providing all requirements are met.
(a) General requirements.
1. Commercial communications antenna. Commercial communications antenna may be placed on an existing commercial communications tower, public utility transmission tower or placed on any structure other than a single-family detached dwelling, duplex dwelling, townhouse dwelling or any residential accessory structure. A structure shall not include, for these purposes, concrete or macadam pavement and/or a concrete slab.
2. Dimensional requirements. A commercial communications facility is permitted as a sole use on a stand-alone lot or a lot divided off in a subdivision or land development application subject to the following dimensional requirements:
a. The right-of-way from public street to tower site must be a minimum of 24 feet in width; and
b. The maximum height of the height of tower (a defined term) shall not exceed 175 feet.
(b) Combination of uses. Combined with another use, a commercial communications facility may be permitted on an improved property with an existing nonresidential use or on a vacant parcel in combination with another use, subject to the following conditions.
1. Existing use. The existing use on the property may be any permitted nonresidential use in the applicable district or any lawful nonconforming use and need not be affiliated with the commercial communications tower.
2. Minimum lot areas. The minimum lot area shall comply with the requirements for the applicable district and shall be the area needed to accommodate the tower and guy wires (if used), the equipment building, security fence and buffer planting.
3. Minimum setbacks. The tower, telecommunications equipment building, guy wires and accessory buildings must satisfy the minimum zoning district set back requirements, and shall comply with the requirements for the zoning district for principal uses.
4. Facilities is located on a property with another principal use. Where the commercial communications facilities is located on a property with another principal use, vehicular access to the facility shall, whenever feasible, be provided along the circulation driveways of the existing use. The applicant shall present documentation that the owner of the property has granted an easement for the proposed facility which shall be recorded as provided by law.
(c) Combined with an existing structure. An antenna with or without a commercial communications tower for commercial communications may be attached to an existing structure or building except a residential use subject to the following conditions.
1. Maximum height. The maximum height of the tower set forth herein shall apply.
2. Separate building. If the applicant proposes to locate the commercial communications equipment in a separate building not included within the compound enclosing the commercial communications tower and fencing, the building shall comply with the minimum requirements for the zoning district.
3. Security fence. A six-foot height security fence shall surround any separate commercial communications equipment building.
4. Vehicular access. Vehicular access to the commercial communications facility shall not interfere with the parking or vehicular circulation on the site for the principal use.
(d) Additional requirements.
1. Site plan. A facility plan shall be prepared and submitted for any proposed commercial communications facility pursuant to applicable zoning and subdivision and land development requirements regarding preparation of a site plan. No site plan is required for commercial communications antenna which are co-located on an existing commercial tower.
2. Landscaping. The following landscaping shall be required to screen the facility. Any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping may be permitted, if they achieve the same degree or screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.
a. An evergreen or hedge screen shall be required to surround the facility. The screen can be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted ten feet on center maximum). The screen shall be a minimum height of four feet at maturity.
b. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.
c. A minimum of two off-street parking spaces shall be provided for a commercial communication facility.
d. A six-foot high security fence with additional two feet of security wire, including barbed wire shall fence the facilities perimeter.
e. In connection with any facility, no signs other than an owner and occupier identification sign shall be allowed at the tower site, as specified in § 154.083.
(e) Co-location/alternative technology. Availability of suitable existing towers, other structures, or alternative technology. No new facility shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Officer that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant’s proposed antenna. An applicant shall submit information to the Zoning Officer related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant’s proposed antenna may consist of any of the following.
1. No existing towers or structures are located within the geographic area which meet applicant’s engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant’s engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
4. The applicant’s proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause the interferences with the applicant’s approved antenna.
5. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
6. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable.
(f) Separation distance between facilities. In order to avoid the proliferation of commercial communications facilities and to insure the desired goals of co-location and cooperation, there shall be a separation distance which shall be applicable for and measured between the proposed and existing facilities. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a facility plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown on Table 1 (refer to Ord. 4-1998).
(g) Separation from dwelling unit. A freestanding commercial communications tower shall not be located within 500 feet of a dwelling unit.
(h) Removal of commercial communications facilities.
1. Generally. If a commercial communications facility remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the facility within six months of notice to do such by the borough. Abandonment takes place when electrical service to the site has been discontinued for a period of 12 months. Further, the owner or operator of the facility shall post security in a form acceptable to the borough in a sufficient amount to cover the facility removal and site cleanup prior to the issuance of any permits to construct or use said facility. The security shall be utilized by the borough in the event that the owner or operator of the facility fails to remove the facility within six months of the aforesaid notice by the borough to remove the facility.
2. Exemption. A commercial communications tower or antenna necessary for and clearly used for emergency communications by a police department, fire company, emergency medical service and other similar public safety organizations is exempt from the requirements of this section.
(i) Administration. The applicant for commercial communications facilities shall submit the following documentation to the borough along with the application for the zoning permit, subdivision and land development approval:
1. Federal Aviation Administration (FAA):
a. Documentation of FAA approval. Documentation of FAA approval, if required, for commercial communication towers or antennas shall be provided. Commercial communication towers or antennas shall meet the requirements of 14 C.F.R. § 77.13(a), as amended;
b. Artificial lighting. No commercial communications tower or antenna shall be artificially lighted except when required and approved by the FAA; and
c. Airport coordination. The applicant for a proposed commercial communications facility located within a five-mile radius of an existing airport shall submit documentation that said airport was notified of its intent to place such structure(s). In addition, all new commercial communications facilities applications shall be forwarded by the applicant to the reading regional airport authority for the authority’s comments.
2. Federal Communications Commission (FCC):
a. Documentation that the commercial communications company is licensed by the FCC shall be provided;
b. Documentation of FCC application for approval for the proposed commercial communication facility shall be provided; and
c. Certification from a registered professional engineer that the tower and facility meets the construction standard of the Borough Building Code, and that appropriate anti-climbing devices are built into any proposed tower.
(Ord. passed 7-13-2015)