Any use which is permitted as a conditional use or a use by
special exception in a district under the terms of this chapter (other
than a change through Zoning Hearing Board action from a nonconforming
use to another use not generally permitted in the district) shall
not be deemed a nonconforming use in such district, but shall without
further action be considered a conforming use.
Where the Borough Council, in this chapter, has stated conditional
uses to be granted or denied by the Borough Council pursuant to express
standards and criteria, and pursuant to recommendation by the Planning
Commission, the Borough Council shall hold hearings on and decide
requests for such conditional uses in accordance with such standards
and criteria. In granting a conditional use, the Borough Council may
attach such reasonable conditions and safeguards, in addition to those
expressed in this chapter, as it may deem necessary to implement the
purposes of this chapter and the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
A. Submission of application. The granting of a conditional use by the
Borough Council shall be predicated upon the developer's submission
of a written application demonstrating that the development for which
the conditional use is sought:
(1) Will not endanger the public health and safety if located where proposed,
and that the use will not deteriorate the environment or generate
nuisance conditions such as traffic congestion, noise, dust, smoke,
glare or vibration;
(2) Meets all other requirements of this chapter in the zoning district
where the use is proposed;
(3) Is in general conformity with the Comprehensive Plan for the Borough
of Slippery Rock and in harmony with the area in which it is proposed;
and
(4) Is an appropriate use on the proposed site. The applicant/developer
shall submit single deed and drawings to scale. The drawings shall
indicate the boundaries of his property, location of adjacent streets,
the location and height of proposed buildings on the property, proposed
grading and storm drainage, and location and number of proposed parking
spaces and proposed curb cuts.
B. Action by the Planning Commission. Upon the filing of an application
for a conditional use, the Borough Council shall submit each such
conditional use application to the Planning Commission at least 30
days prior to the hearing on such conditional use to provide the Planning
Commission an opportunity to submit recommendations. Such recommendations
shall be in writing, with copies transmitted to the applicant and
to the Borough Council.
C. Public hearing. The Borough Council shall call and hold a public hearing with proper notice as described in §
375-145 of this chapter. An applicant shall complete the presentation of his case-in-chief within 100 days of the first hearing. Upon the request of the applicant, the Board or hearing officer shall assure that the applicant receives at least seven hours of hearings within the 100 days, including the first hearing. Persons opposed to the application shall complete the presentation of their opposition to the application within 100 days of the first hearing held after the completion of the applicant's case-in-chief. An applicant may, upon request, be granted additional hearings to complete his case-in-chief, provided the persons opposed to the application are granted an equal number of additional hearings. Persons opposed to the application may, upon the written consent or consent on the record by the applicant and municipality, be granted additional hearings to complete their opposition to the application, provided the applicant is granted an equal number of additional hearings for rebuttal.
D. Action by Borough Council. The Borough Council shall, upon review
of the Planning Commission's report, determine whether or not
the conditional use is to be granted. If Council grants the conditional
use, they shall instruct the Zoning Officer to issue a building permit
for its construction. If the Council denies the conditional use, the
owner/developer may reapply for the same use no sooner than one year
after the date of denial or denial of appeal to the Butler County
Court of Common Pleas if filed within 30 days after notice of the
decision is issued.
The following regulations shall apply to all transmission facilities
proposed for placement in the M-1 Light Manufacturing District:
A. Lot size. The lot size dimensions (depth and width) shall be dictated
by the fall radius of the tower. The minimum dimensions shall be the
radius of the height of the tower in each direction. (Example: A two-hundred-foot-high
tower would be required to have a four-hundred-foot-diameter parcel.)
B. The communications company is required to demonstrate, using technological
evidence, that the antenna must go where it is proposed, in order
to satisfy its function in the company's grid system.
C. If the communications company proposes to build a tower (as opposed
to mounting the antenna on an existing structure), it is required
to demonstrate that it contacted the owners of tall structures within
a one-quarter-mile radius of the site proposed, asked for permission
to install the antenna on those structures, and was denied for reasons
other than economic ones. This would include smokestacks, water towers,
tall buildings, antenna support structures of other communications
companies, other communications towers (fire, police, etc.), and other
tall structures. Slippery Rock Borough may deny the application to
construct a new tower if the applicant has not made a good faith effort
to mount the antenna on an existing structure.
D. The applicant shall demonstrate that the antenna is the minimum height
required to function satisfactorily. No antenna that is taller than
this minimum height shall be approved. In addition, no antenna shall
exceed 200 feet in height.
E. All communications towers must be stealth towers, where possible.
A "stealth tower" is a communications tower which is not recognizable
as a conventional communications tower (e.g., a metal lattice structure),
but instead is disguised or concealed in such a fashion as to conform
to its surroundings. Examples of such stealth towers include a tower
which looks like a tree or a clock tower, or one which is concealed
in a church steeple or concrete silo.
F. The Borough Council may waive the stealth tower requirement where
the applicant can demonstrate that the requirement is not necessary
to protect the health, safety and welfare, considering items such
as impact on surrounding and abutting property values; height; screening;
number of uses per tower, including public uses; location; and actual
setbacks.
G. Setbacks from base of antenna support structure. If a new antenna
support structure is constructed (as opposed to mounting the antenna
on an existing structure), the minimum distance between the base of
the support structure or any guy wire anchors and any property line
shall be the largest of the following:
(1) One hundred percent of antenna height.
(2) The minimum setback in the underlying zoning district.
H. Fencing. A fence shall be required around the antenna support structure
and other equipment, unless the antenna is mounted on an existing
structure. The fence shall be a minimum of eight feet in height.
I. Landscaping. The following landscaping shall be required to screen
as much of the support structure as possible, the fence surrounding
the support structure, and any other ground-level features (such as
a building), and in general soften the appearance of the cell site.
The Borough may permit any combination of existing vegetation, topography,
walls, decorative fences or other features instead of landscaping,
if they achieve the same degree of 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.
(1) An evergreen screen shall be required to surround the site. The screen
can be either a hedge (planted three feet on center maximum) or a
row of evergreen trees (planted 10 feet on center maximum). The evergreen
screen shall be a minimum height of six feet at planting and shall
grow to a minimum of 15 feet at maturity.
(2) In addition, existing vegetation on and around the site shall be
preserved to the greatest extent possible.
J. In order to reduce the number of antenna support structures needed
in the community in the future, the proposed support structure shall
be required to accommodate other users, including other communications
companies, and local police, fire, ambulance services and municipal
authority and road departments. In addition, a linear two-mile separation
shall be maintained between communications towers, measured from the
base of the support structure.
K. The communications company must demonstrate that it is licensed by
the Federal Communications Commission.
L. Antenna support structures under 200 feet in height should be painted
silver or have a galvanized finish retained, in order to reduce the
visual impact. Support structures may be painted green up to the height
of nearby trees. Support structures near airports shall meet all Pennsylvania
Department of Transportation, Bureau of Aviation and Federal Aviation
Administration regulations. No antenna support structure may be artificially
lighted except as provided for and required by the Pennsylvania Department
of Transportation, Bureau of Aviation and FAA.
M. A land development plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access to public rights-of-way, and all other items required in Chapter
350, Subdivision and Land Development. The site plan shall not be required if the antenna is to be mounted on an existing structure.
N. In granting the use, the Council may attach reasonable conditions
warranted to protect the public health, safety and welfare, including,
but not limited to, location, fencing, screening, increased setbacks
and the right to use said facilities for public purposes.
O. All approvals will be only for specific facilities set forth in the
application. No additions or alterations thereto will be permitted
without a new application.
See also Chapter
350, Subdivision and Land Development, of the Code of the Borough of Slippery Rock.
A. The site of a mobile or manufactured home park shall be serviced
by a public water supply.
B. The minimum site required shall be 10 acres.
C. The portion of the site to receive the mobile, manufactured homes
shall be outside the one-hundred-year floodplain, shall be free of
perpetually wet areas, and shall not be sloped greater than 10% at
any point.
D. Design and construction standards and review and approval procedures for mobile or manufactured home parks shall conform to the provisions of Chapter
350, Subdivision and Land Development.
[Amended 4-3-2012 by Ord. No. 664]
A. All minor repair work, vehicle washing, waxing, detailing, lubrication
and installation of parts and accessories shall be performed within
an enclosed building.
B. All car washing areas shall discharge into public storm sewers in
compliance with state and federal laws.
C. All vehicle parts, dismantled vehicles and similar materials shall
be stored within an enclosed building or totally screened from view
by a solid or privacy fence.
D. All vehicles awaiting repair shall be stored on the lot in an approved
storage area, and in no case shall said vehicles be stored on or obstruct
access to a public right-of-way.
E. All fuel, oil and similar substances shall be stored at least 15
feet from any property line, whether above ground or below ground,
except as may be mandated by any applicable state or federal law or
regulation.
F. The handling and disposal of motor oil, battery acid and any other
substance regulated by federal statute and the Pennsylvania Department
of Environmental Protection (PaDEP) shall be in accordance with all
permits and requirements of that agency or its successor agency. Any
suspension, revocation or violation of the PaDEP permits shall be
a violation of this section and shall be subject to the enforcement
provisions of this chapter.
G. The perimeter of the property shall be screened, as per §
375-85.
H. The lot shall have frontage on and direct access to a collector or
arterial street.
I. A master signage plan shall be submitted with any application for
land development approval which identifies the size, type and location
of all proposed permanent signage.
J. All exterior lighting shall be sharp cutoff fixtures and shielded
or directed away from abutting rights-of-way and occupied structures
on adjoining properties.
[Added 4-3-2012 by Ord. No. 664]
A. Loading and delivery areas of the building shall be placed to the
side or rear of a building, and delivery vehicle circulation routes
shall be provided so as to minimize conflicts with other vehicles
and pedestrians.
B. Outdoor dumpsters shall be enclosed on four sides, with three sides
constructed of architectural materials similar to the adjacent building,
shall be located to the side or rear of a building, and shall be oriented
such that visibility of the open side of the dumpster area shall be
minimized.
C. Outdoor seating areas are encouraged. The areas shall not conflict
with pedestrian or vehicular movement throughout the development.
D. Building canopies, overhangs, and similar structures shall not be
internally or externally illuminated.
E. Where lighting is provided in a manner such that lighting fixtures
are mounted on the underside of a canopy or like architectural structure,
the entirety of the light fixture, including the light bulb, shall
be completely recessed into the canopy and shall not extend past the
bottom surface of the canopy.
F. All exterior lighting shall be provided using sharp cutoff fixtures
such that there is minimal overflow lighting to adjacent properties
and the fixtures direct the light to the development site. Lighting
shall not exceed one footcandle at the site boundaries. A photometric
plan submission is required to verify compliance with this section.
G. All vehicle access points from adjacent public or private roads to
the development site shall be clearly defined and controlled, with
the provision of pedestrian crosswalks where pedestrian circulation
is possible or present, and the appropriate traffic control signage
as may be required by the Borough or PennDOT.
H. Separate pedestrian circulation to and within the site shall be provided
such that there are no unsafe and/or uncontrolled points of conflict
with vehicular movements.
I. Parking for any ancillary retail sales area shall be calculated separately,
but shared parking calculations may be allowed, based upon recognized
national standards or current parking studies of sites of similar
location, size and design.
J. Drive-through windows shall be located on the side or rear of a building.
Adequate vehicle stacking shall be provided for the proposed drive-through
use, and the vehicle stacking area shall be screened from view using
architectural or landscape features consistent with the architectural
and site design for the overall development. There shall be no pedestrian
or vehicular conflicts with the vehicle stacking area. A separate
circulation drive shall be provided for passage around and escape
from the outermost drive-through service lane. No more than two drive-through
lanes shall be permitted. A circulation plan shall be provided to
illustrate compliance with these requirements. Drive-through windows
shall not be permitted within the Main Street Corridor Overlay District.
K. A general circulation plan shall be provided to ensure safe and efficient
vehicular and pedestrian flow.
L. Exterior vending machines shall not be permitted within the Main
Street Corridor Overlay District.
M. All fuel, oil and similar substances shall be stored at least 15
feet from any property line, whether above ground or below ground,
except as may be mandated by any applicable state or federal law or
regulation.
Where the Borough Council, in this chapter, has stated special
exceptions to be granted or denied by the Zoning Hearing Board pursuant
to express standards and criteria, the Board shall hear and decide
requests for such special exceptions in accordance with such standards
and criteria. In granting a special exception, the Board may attached
such reasonable conditions and safeguards, in addition to those expressed
in this chapter and the Pennsylvania Municipalities Planning Code,
53 P.S., § 10101 et seq. A special exception shall not be
granted by the Board unless and until:
A. A written application for a special exception is submitted demonstrating
that the development:
(1)
Will not endanger the public health or safety if located where
proposed and that the use will not generate nuisance conditions such
as traffic congestion, noise, dust, glare or vibration;
(2)
Will not cause substantial injury to the value of other property
in the neighborhood where it is to be located;
(3)
Meets all requirements of this chapter in the zoning district
where the use is proposed;
(4)
Is in general conformity with the Comprehensive Plan for the
Borough of Slippery Rock and in harmony with the area in which it
is proposed.
B. The developer shall submit drawings to the Board indicating the boundaries
of the property, location of adjacent streets, the location and height
of proposed buildings on the property with dimensions from property
lines, access to the property and the location and number of proposed
parking spaces.
C. The public hearing shall be held in accordance with §
375-145.
D. The Board, before it grants a special exception, shall make findings
of fact and state its reasons for granting the special exception.
The Board shall have the authority to require and approve specific
plans, to increase the requirements set forth in this chapter, but
in no case shall the Board have the authority to decrease the requirements
of this chapter for any use in the district it proposes to locate.
Any such decrease in the requirements of this chapter shall only be
granted upon the issuance of a variance.
E. All conditions required by the Board shall be entered in the minutes
of the meeting at which the permit is granted and also on the certificate
of special exception.
Bus and motor freight terminals, for freight trucking companies
and operators, including interchange and storage facilities, provided:
A. Every portion of the property used for terminal purposes shall be
located not closer than 100 feet to any property in an R or I District.
B. The site shall be fully surrounded with a barrier adequate to insure
that no portion of a vehicle shall extend beyond the lot line.
C. In addition to adequate area within the site for docking, manipulation,
and maneuver of motor freight vehicles, a reservoir of parking area
for motor freight vehicles waiting to be loaded or unloaded shall
be provided at the rate of one parking space sufficient to park a
motor freight vehicle for every four loading or unloading docks.
D. The site shall be designed in such a manner as to permit forward
movement of all vehicles both upon entering and upon leaving the site.
E. The number, location, and width of entrances to and exits from the
site shall be determined by Council.