Existing lots of record. In any R District, a single-family dwelling may be erected on a nonconforming lot of official record at the effective date of this chapter or any amendments thereto, regardless of its area or width, the owner of which does not own any adjoining property which would create a conforming lot if all or part of said property were combined with subject zone lot; provided, however, that no lot or lots in single ownership shall hereafter be reduced so as to create one or more nonconforming lots; and provided further that, on any nonconforming lot, no side yard adjoining a side street shall be less than 10 feet; provided further that the rear yard of any such lot shall in no case be less than that required in the specific zoning district, and the side and front yards shall also be as required in the specific zoning district.

Corner lots. At all street intersections, no obstructions to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street shall be erected or maintained on any lot within the clear sight triangle. (See the current Chapter 350, Subdivision and Land Development, of the Code of the Borough of Slippery Rock.)

Through lots. Where a single lot under individual ownership extends from a street to an alley, the widest street shall be deemed the street upon which the property fronts, and no principal structures and no dwelling shall be erected on the rear of such lot.

Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and if already less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.

General application. No building or structure shall have a greater number of stories than are permitted by this section in the specific zoning district in which the proposed building or structure is situated, provided further that the aggregate height of such buildings or structures shall not exceed the number of feet permitted except as otherwise provided.

Permitted exceptions. Height limitations stipulated elsewhere in this chapter shall not apply to church spires, belfries, cupolas and domes, silos, monuments, water towers, chimneys, smokestacks, flagpoles, radio and television masts and aerials, parapet walls extending not more than four feet above the roof level of the building, and other appurtenances extending above the roof level and not intended for human occupancy.

Side yards.

Front yard exception (single-family and two-family dwelling only). When an unimproved lot is situated between two improved lots, each having a principal building within 25 feet of any side lot line of such unimproved lot, the front yard may be reduced to the greatest depth of the front yard of the two adjoining improved lots, but shall not be less than 15 feet; provided, however, that where any lot shall front on a right-of-way which is proposed on the Official Map of the Borough to be widened by the Borough or any lawful county, state or federal highway agency, the front yard of such lot shall be as required by the applicable provision of the subject zoning district and shall be measured from such proposed future right-of-way.

Projections into required yards. Certain architectural features may project into required yards as follows:

No required front or side yard in a residentially zoned district shall be used for the temporary or permanent parking or storage of vehicles except on a driveway constructed for access to a garage which is conforming as to location and size.

Maximum permitted height and number of structures.

Minimum yard regulations.

Enclosed uses. Any enclosed use as may be required by this chapter to be landscaped in accordance with this subsection shall provide a planted screened area, as per the provisions of § 375-85.

Unenclosed uses. Any use which is not conducted within a completely enclosed building, except for nurseries, and the display for sales purposes of new or used cars, trucks, or trailers, in operative condition, shall be entirely enclosed by a fence maintained in good condition or a 50%/50% mix of evergreen and deciduous trees a minimum of three inches in diameter at breast height, spaced at intervals of not more than 10 feet.

Unenclosed M-1 uses. All M-1 uses which are not conducted wholly within a completely enclosed building shall not be less than 100 feet from any R District zoning boundary line.

Used to be enclosed. All C and M uses shall be conducted wholly within a completely enclosed building, except for off-street parking and loading facilities, new and used car lots, service stations (repairs shall be conducted inside), terminals, storage yards, nurseries, and similar uses.

Air-conditioning system. In residential districts, any outdoor installation constructed or placed on a lot in connection with an air-conditioning system designed to air condition all or part of a residence shall be located in either the rear yard or side yard of the lot and shall not be located closer than 25 feet to any property line; provided, however, that nothing in this subsection shall be construed to apply to the use and/or location of a window-mounted air conditioner designed to air condition a single room of a residence.

They are erected no less than 30 feet from the nearest street right-of-way line;

A minimum of four off-street parking spaces shall be provided on the lot or property accommodating the roadside stand. Said off-street parking spaces shall not be closer than 10 feet to the nearest street right-of-way line; and

They shall be used exclusively for the sale of agricultural products grown or raised by the occupant/owner of the agricultural operation.

Such facility shall be so located as to draw a minimum of vehicular traffic to and through local residential streets.

The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.

Adequate fences, barriers, and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 375-85.

Noise emitted from electric substations shall not be greater than permitted in accordance with the performance standards set forth in Article XXI.

Such uses shall be limited to the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Where applicable, the landscaping regulations of § 375-85 shall apply.

In the event that any public utility shall desire to replace or relocate any existing poles, frames or structures in the public streets upon which are located any electric light, electric power, telephone or telegraph wires, the said public utility involved shall notify the Borough Council of such intention to replace or relocate poles, frames or structures.

When any lot or tract of ground in the Borough of Slippery Rock is serviced by a public utility whose facilities have been placed underground, all electric light, electric power, telephone and telegraph wires thereafter installed to service any buildings on such lot or tract of ground shall be placed underground in such manner as may be directed by the public utility involved.

Such facility is necessary to serve the surrounding residential area where it is not possible nor practical to serve such area from a facility located in less restrictive districts;

Such facility shall not be located on a local residential street (unless no other site is available) and shall be so located as to draw a minimum of vehicular traffic to and through such streets;

Where applicable, the landscaping regulations of § 375-85 shall apply; and

Such facility shall be designed and constructed consistent with the general character of the neighborhood.

The setback line of an existing building.

The building setback line established by the provisions of this article.

Nonopaque decorative fences a maximum of three feet in height may be located in a required front yard, no closer than 10 feet to the abutting right-of-way line, or within five feet of the abutting right-of-way line in the MSCO District.[1]

The setback line of an existing building; or

The building setback line established by the provisions of this article.

Such uses shall be conducted entirely within an enclosed structure, except as otherwise required.

Parking areas shall be screened from adjoining residential properties in accordance with § 375-85.

Any principal structure shall not be less than 20 feet from any property boundary line.

There shall be no offensive noise or vibration; such elements may be emitted only in accordance with the performance standards set forth herein.

Such uses shall include miniature golf courses, ice-skating rinks, swimming pools, tennis courts and amusement buildings or parks.

Unenclosed recreation facilities shall be located not less than 25 feet from any property line, except where greater distances are otherwise required herein, and shall be effectively screened from adjoining residential uses in accordance with the provisions of § 375-85.

Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties, in such a way as not to disturb the occupants thereof.

No public address system shall be permitted, except where such a system will not be audible at any adjoining residential property line.

All buildings shall be a minimum of 20 feet from any property line, except where greater distances are otherwise required herein.

All applications for such uses in the R-3 District shall demonstrate to the satisfaction of the Zoning Hearing Board that the proposed use will serve primarily the residents of the surrounding neighborhood and that said use cannot satisfactorily be located elsewhere to serve said neighborhood.

Apartment (one bedroom/living room, kitchenette and bath): 340 square feet.

One-bedroom apartment (one living room/dining, kitchen and bath, or one living room, kitchenette and bath): 450 square feet.

Two-bedroom apartment (same facilities as one-bedroom apartment): add 130 square feet for each bedroom over two.

No automotive fueling and automotive service and repair stations or parking garage for five or more motor vehicles and any access thereto shall be located along the same street and the same block as schools, playgrounds, churches, hospitals, public libraries, and institutions for dependents or for children.

Vehicular access to the above automotive uses shall not be closer to the intersection of any two street right-of-way lines than 25 feet, nor shall any such access be located within 25 feet of any boundary line of any R District.

Inflammable and explosive liquids. No highly inflammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

Fencing and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property. Such walls and fences shall be distant not less than 25 feet from all property lines which abut an R District or existing residential development, but in any other case shall be distant not less than 10 feet from any property line.

Deposit of wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.

Other hazardous materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

Such modification, reduction, or waiver will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be otherwise detrimental to the public interest and welfare.

If the individual lots in question have been part of a project previously approved as a planned residential building group, or are a part of a project not so approved but advertised, designed, or arranged as being of such nature, the owners of said lots shall not be prevented from having adequate access to such common areas or facilities as may have been included in the project, nor shall any individual lots so created include within their boundaries any portion of such common areas or facilities.

If a property owner's organization for that purpose does not exist, the Borough may, in its discretion, maintain such common open space as existed in such a project and may ratably assess the cost of such maintenance against the property owners within the project.

No new dwelling units shall be created from any individual dwelling unit in or proposed to be in existence at the time of approval of the project, nor shall the number of facilities housed therein exceed the number of dwelling units provided at that same time.

No additional structures of any type, other than minor structures such as play equipment, individual animal shelters, refuse receptacle shelters, or small storage sheds, shall be constructed or erected on any individual lot(s) so created, unless adequate provision for such structure was made in the application approved under this section.

The project complies in every other way with the applicable regulations as to total minimum lot size, setbacks or any requirements for the original project as a whole at the start of construction.

Approval by the Board. Approval by the Zoning Hearing Board for the creation of such nonstandard lots shall be strictly dependent upon their utilization for the development of one or more units of a multiunit residential structure. Any attempt to utilize lots so approved for any other purpose shall be cause for the mandatory denial of any building permit and/or certificates of occupancy.

The tract upon which the mobile or manufactured home is installed shall conform with the minimum lot size requirements of the district or zone where located and shall be located only in those districts or zones so specified in this chapter.

The mobile or manufactured home shall be installed so as to conform with all front yard, side yard, and rear yard setback lines applicable to a single-family dwelling in that district or zone.

The mobile or manufactured home shall be installed upon, and securely fastened to, a frost-free foundation or footer, and in no event shall it be erected on jacks, loose blocks, or other temporary materials.

An enclosure of compatible design and material shall be erected around the entire base of the mobile or manufactured home. Such enclosure shall provide sufficient ventilation to inhibit decay and deterioration of the structure.

The mobile or manufactured home shall be connected to the Borough public water and sewer systems.

The tract shall be seeded, landscaped and shrubbed.

Any single on-lot mobile or manufactured home shall meet the specifications for manufacture of mobile or manufactured homes as set forth in United States Institute Standards for Mobile Homes, USA Standard A 119.11969, NFPA No. 501B1968, and any subsequent modification or amendment of such standards.

Building permit required. No mobile or manufactured home shall be erected on a single lot unless a building permit is first obtained.

Travel unit vehicle. No travel unit vehicle shall be erected and maintained for living purposes in the Borough. Unoccupied recreational vehicles may be parked or stored in a private garage, carport, or rear or side yard, but same shall not be stored or parked for a period not exceeding 24 hours on a public street or in the front yard of a residential dwelling.

Opaque screen, Type A: a screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may include a wall or fence, but a minimum of 70% of the screen shall consist of densely planted vegetation. Compliance of planted vegetative screens will be judged on the basis of the average mature height and density of foliage of the subject species or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstruction should not contain any completely unobstructed openings more than 10 feet wide. Suggested planting patterns follow:

Semi-opaque screen, Type B: a screen that is opaque from the ground to a height of three feet, with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet. The semi-opaque screen may include a wall, fence or landscaped earth berm, but a minimum of 70% of the screen shall consist of densely planted vegetation. Compliance of planted vegetative screens will be judged on the basis of the average mature height and density of foliage of the subject species or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 15 feet wide. Suggested planting patterns follow:

Broken screen, Type C: a screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. The broken screen may include a wall, fence or landscaped earth berm, but a minimum of 70% of the screen shall consist of densely planted vegetation or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species or field observation of existing vegetation. The screen may contain deciduous plants. Suggested planting patterns follow:

An applicant shall apply for a temporary business license (which will also serve as the required zoning permit), including payment of the temporary business license fee as set by resolution of Borough Council, no less than two weeks prior to the vendor's anticipated date to begin operating in the Borough by filing the proper forms, which are available from the Borough.

Any license issued under this section is not transferable.

The applicant must possess and provide a copy of a valid state vehicle operating license. Additionally, the operator of a motor vehicle used for mobile food vending must have a valid operating license.

Motor vehicles used for mobile food vending must have valid plates, inspection, registration and insurance.

An approved license, as well as any required Department of Agriculture permits, shall be displayed at all times in a prominent place on the mobile food vendor truck, concession cart, or concession trailer, where they can be viewed and read by the general public.

It shall be unlawful for an individual to sell edible goods while displaying a valid license or permit in the name of another individual organization or entity.

A license may be revoked upon conviction of any offense committed by an individual operating as a mobile food vendor in the Borough of Slippery Rock while engaged in the permitted business. A license may be suspended in the event of pending charges of a crime, as set forth above, upon a magistrate's determination of probable cause in connection with such charges.

A license may be suspended immediately, without notice, by the Borough Police Department if the mobile food vending is causing, contributing to, or part of a public safety concern or disturbance, or for excessive trash.

A license may be revoked for nonconformity to the application location specifications or requirements, as well as to nonconformity to an approved location plan or diagram.

A license may be suspended or revoked for not complying with the requirements of this section or any other ordinances or laws.

It shall be unlawful for any individual directly or through an agent or employee to sell goods after the expiration of the license issued under this section.

A license application may be denied by the Borough based upon an applicant's prior violations of this section and the regulations therein.

A mobile food vendor shall not be located at a stationary location for a duration exceeding eight consecutive hours and cannot exceed more than eight hours during any twenty-four-hour period. The mobile food vendor shall be open and operating during the entire period that the mobile food vendor is located at a stationary location within the Borough.

A mobile food vendor shall not conduct sales in congested areas where the operation impedes vehicular or pedestrian traffic.

A mobile food vendor shall not cause any congestion of traffic flow, and, if vehicular traffic or pedestrian flow becomes impeded, the vendor shall immediately and without delay vacate the area so as to allow for the free flow of traffic and relief of the congestion.

No mobile food vendor shall locate on any private property without written permission from the property owner to do so, and must comply if asked to leave by the property owner.

A five-foot clear space shall be maintained around the mobile food vending unit at all times.

No mobile food vendor shall be allowed to conduct food sales in the public road right-of-way.

A mobile food vendor shall be permitted to conduct sales only from April 15 through November 1 of each year, and only on Thursdays, Fridays and Saturdays.

A mobile food vendor shall be permitted to conduct sales between the hours of 5:00 p.m. and 1:00 a.m. only.

Vendors must provide a portable trash receptacle for collection of waste from their customers and waste must be removed from the location of the mobile vending unit daily without using public waste containers or receptacles.

Vendors shall not dispose of grease or other liquid waste by depositing or draining the same into the storm drains, sewer drain outlets, tree pits or sidewalk areas, or any public space, including the ground or public roadways.

All areas must be cleaned following each sales period within a minimum of 20 feet of the sales location.

Continuous loud music or repetitive sounds shall not project from the mobile unit while parked or stopped, except those created by the normal operation of equipment typically associated with mobile food vending during the hours of operation.

The provisions of the Borough Noise Ordinance[1] must be met during all periods of operation.

A tagged fire extinguisher with a 10 BC rating and a Class K fire extinguisher shall be located in the unit and kept accessible at all times.

All compressed gas fuel cylinders shall be shielded and secured as required by the International Fire Code.

Proper electrical power shall be maintained and installed as per the International Electrical Code. Extension cords running from any residential living space for power will not be allowed. Borough-owned power sources may not be used without the express written consent of the Borough.

Individuals selling primarily nonrefrigerated farm products in an unrefined state (vendor at a farmer's market) shall be considered as a mobile food vendor as defined by this section but shall be exempt from the requirements of this section during participation in the Slippery Rock Community Farmers and Makers Market, operated by Slippery Rock Development.

Mobile food vendors operating or participating in any Borough-sanctioned event taking place on Borough property are exempt from the requirements of this section, with the exception of those requirements as may be imposed by Borough Council related to the specific event. The mobile food vendor shall provide a certificate of insurance with the Borough named as an additional insured for participation in any such event.

Private, not-for-profit mobile food vending is exempt from the requirements of this section.