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:

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.

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.[1]

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 occupant of the accessory residential structure shall be responsible for the care of the occupant or occupants of the principal residential use on the lot, or, where members of the immediate family are concerned, the occupant or occupants of the principal residential use may provide care to the occupant or occupants of the accessory residential structure.

The accessory residential structure shall be a temporary use and removed when care is no longer needed.

The accessory residential structure shall be located no closer than 50 feet to the principal structure.

The accessory residential structure shall be served by public sanitary and water/sewer service.

Adult businesses shall not be located within 1,000 linear feet of any property which is zoned residential.

Adult businesses shall not be located within 500 feet of the property boundary line of the following uses:

No adult business shall be located within 1,000 linear feet of any other existing or proposed adult business.

Any adult business which exhibits on the premises film, videocassette or other method of image production which depicts nudity or sexual conduct shall comply with the following:

Alcoholic beverages shall not be sold on the premises of an adult business.

An annual occupancy permit issued by the Zoning Officer shall be secured prior to the operation of any adult business.

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.)

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.

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.

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.

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.

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.

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:

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.

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.

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.

The communications company must demonstrate that it is licensed by the Federal Communications Commission.

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.

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.

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.

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.

Minimum lot size shall be 10,800 square feet.

Minimum lot width shall be 75 feet.

Each dwelling unit shall contain private bathrooms, cooking and food storage areas.

Each dwelling unit shall have at least two off-street parking spaces.

Each dwelling unit shall have at least two means of egress, with at least one of them being directly outside, at grade or via an exterior stairway to grade.

The site of a mobile or manufactured home park shall be serviced by a public water supply.

The minimum site required shall be 10 acres.

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.

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.

Off-street parking shall be provided for each room available for boarders or lodgers in accordance with Article XIX.

Parking spaces shall not be located in the required front yard and shall be located a minimum of five feet from a side or rear property line.

Parking spaces shall be screened by a six-foot compact hedge or opaque fence along any property line which adjoins an existing single-family use or residential zoning boundary line.

Motels shall utilize public sanitary sewers.

Front, side and rear yards of the motel shall be permanently landscaped and maintained in good condition.

Cabins or parts thereof shall not be permitted.

At least one parking space shall be provided on the premises for each accommodation. Off-street parking and loading spaces for other facilities developed on the motel premises shall be provided as required by Article XIX.

Every unit shall be provided with running hot and cold water and separate toilet facilities.

Such use shall be permitted only where evidence is shown that said use is sanctioned by a college or university to supplement the institution's dormitories or living accommodations.

Such use shall not be situated on a lot of less than 15,000 square feet.

The minimum width of the lot shall be 100 feet.

The maximum building height shall be four stories, or 50 feet.

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

Wherever possible, parking facilities shall be situated to the rear of the lot.

Landscaping shall be provided in accordance with § 375-85.

Access lanes on the property shall allow not less than eight cars to stack approaching the takeout window.

The Borough may limit hours of operation and restrict turning movements at one or more entrances.

Adequate waste containers shall be provided and screened on the premises, and the operator shall be responsible for timely removal of paper and other debris on the grounds.

All minor repair work, vehicle washing, waxing, detailing, lubrication and installation of parts and accessories shall be performed within an enclosed building.

All car washing areas shall discharge into public storm sewers in compliance with state and federal laws.

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.

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.

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.

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.

The perimeter of the property shall be screened, as per § 375-85.

The lot shall have frontage on and direct access to a collector or arterial street.

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.

All exterior lighting shall be sharp cutoff fixtures and shielded or directed away from abutting rights-of-way and occupied structures on adjoining properties.

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.

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.

Outdoor seating areas are encouraged. The areas shall not conflict with pedestrian or vehicular movement throughout the development.

Building canopies, overhangs, and similar structures shall not be internally or externally illuminated.

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.

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.

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.

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.

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.

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.[1]

A general circulation plan shall be provided to ensure safe and efficient vehicular and pedestrian flow.

Exterior vending machines shall not be permitted within the Main Street Corridor Overlay District.[2]

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.

Residential apartments may be located above any permitted conditional use.

Minimum floor space per dwelling unit shall be 600 square feet.

Parking spaces shall be separated for the residential and nonresidential uses.

The residential use shall not exceed 50% of the total floor area for the entire structure.

Each dwelling unit shall have at least two means of egress, with at least one of them being directly outside, at grade or via an exterior stairway to grade.

There shall be two means of egress directly to the outside from the hall common to the residential units.

There shall be a minimum of two parking spaces per each dwelling unit.

Not more than six animals over the age of eight weeks, including personal house pets, shall be boarded at any given time.

Where the breeding of said animals is involved, a maximum of six newborn animals may be boarded in addition to those over the age of eight weeks.

All exterior exercise areas shall be fenced, and animal enclosures shall be constructed with the addition of soundproofing materials.

Access to this category of use shall be from an arterial or collector roadway or street.

Exterior recreation areas shall be screened from abutting developed properties along the perimeter with Buffer Yard B, as per the provisions of § 375-85.

High schools and university classroom facilities shall provide on-site parking at a ratio of two spaces for each classroom in addition to the required number of spaces in § 375-125E, Table I, Minimum Off-Street Parking Standards.

The minimum area and bulk regulations for a group residence facility shall be the same as those required for a principal use in the district in which the facility is located.

No group residence facility shall be located within 1,000 feet of another existing or proposed group residence facility.

Adequate provisions shall be made for access for emergency medical and firefighting vehicles.

A maximum of six clients shall be accommodated, and twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

Adequate open space opportunities for recreation shall be provided on the lot for the residents consistent with their needs, and the area shall be secured by a fence with self-latching gate.

Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

The minimum lot area required shall be 6,000 square feet.

The maximum number of sleeping rooms offered shall be four.

The owner/operator shall be a full-time resident of the dwelling.

No meals other than breakfast shall be served on the premises. Meals shall not be served to customers who are not overnight guests.

The maximum length of stay for any guest shall be seven consecutive overnight stays in any thirty-day period.

No sign shall be permitted, other than a placard mounted on the wall of the dwelling, which shall not exceed six square feet in area and which shall contain only the name and address of the bed-and-breakfast and the name of the proprietor.

One off-street parking space shall be provided on the lot for each sleeping room. Off-street parking shall be screened from adjoining residential properties by a six-foot hedge or opaque fence.

The minimum lot area required shall be 20,000 square feet.

The site shall have direct access to a street classified as an arterial or collector.

The maximum number of occupants, excluding supervisory staff, in a personal care home shall be as follows:

The facility shall be licensed by the commonwealth, and twenty-four-hour supervision shall be provided by staff qualified by the sponsoring agency.

Adequate provisions shall be made for access by emergency medical and fire vehicles.

Adequate open space opportunities shall be provided for recreation consistent with the needs of the residents, and the area shall be secured by a fence with a self-latching gate.

Residents of the Borough and contiguous communities shall be assigned the highest priority in selecting residents for a personal care boarding home located in the Borough.

Where applicable, licensing or certification by the sponsoring agency shall be prerequisite to obtaining a certificate of occupancy, and a copy of the annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

Parking shall be provided in accordance with the requirements of Article XIX of this chapter.

A written application for a special exception is submitted demonstrating that the development:

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.

The public hearing shall be held in accordance with § 375-145.

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.

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.

A nursing home shall be considered a building for the long-term care of elderly, disabled, or terminally ill persons requiring constant attention by skilled staff. A convalescent home shall be considered a building housing persons recovering from serious illness or injury requiring temporary care.

Such homes may be converted existing dwellings or new buildings with a maximum of six beds in the converted dwelling.

The total number of individuals that may be cared for or housed in a new home shall not exceed the total acreage of the site multiplied by 11.

Nursing and convalescent homes shall have a bed capacity of at least 11 beds, except as provided herein, but no more than 200 beds. The operator of a nursing or convalescent home shall be licensed or certified by the appropriate state agency or agencies. The license or certification shall be obtained prior to issuance of an occupancy permit by the Borough. A copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.

Additions to any existing dwelling shall be compatible with the original building's appearance and scale, and new development should be consistent with the district in which it is to be located and with applicable residential lot and block standards.

Twenty-four-hour supervision shall be provided at a nursing or convalescent home by staff qualified by the licensing or certification agency.

Adequate provisions shall be made for access by emergency medical and fire vehicles.

The minimum area of the property shall be two acres.

Outdoor lighting shall be of the cutoff luminaire type, permitting no light escape upwards, no view of the light source from off the property, and no light trespass on adjacent properties.

The facility shall be registered with or licensed by the commonwealth, if applicable.

Outdoor play areas shall be provided which shall have a minimum area of 65 square feet per child and which shall be secured by a fence with self-latching gate.

Outdoor play areas which adjoin residential lots shall be screened.

Off-street parking shall be provided in accordance with the requirements of Article XIX of this chapter.

The minimum site size for a hospital shall be five acres.

The site shall be served by public water and sewer services.

All hospitals shall be licensed by the Commonwealth of Pennsylvania.

Water pressure and volume shall be adequate for fire protection as determined by the Slippery Rock Municipal Authority.

A traffic study, including a parking and circulation study, shall be submitted with this application.

Ingress, egress, and internal traffic circulation shall be designed to ensure access by emergency vehicles.

All property lines adjoining a residential use shall be screened by Buffer Yard B, as defined in § 375-85 of this chapter.

Helipads shall be for hospital use only.

The development shall include the least possible removal of trees and earthmoving to accommodate the proposed use.

Access to the property shall be controlled through one or, at most, two locations.

The residence of a custodian or manager shall be the only housing on the property.

Development may include a clubhouse, outdoor recreational facilities and maintenance buildings, intended for the use of bona fide members and their guests only.

The organization shall be a registered nonprofit or corporate entity with the Commonwealth of Pennsylvania.

If more than one structure, the minimum distance between structures shall be 50 feet.

All parking, loading and access areas shall be screened as per the provisions of § 375-85.

All required parking shall be in the rear of the structures, where feasible, as per Article XIX.

All property not covered by structures or paving shall be landscaped and maintained.

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.

The site shall be fully surrounded with a barrier adequate to insure that no portion of a vehicle shall extend beyond the lot line.

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.

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.

The number, location, and width of entrances to and exits from the site shall be determined by Council.

All materials stored on the exterior of the site shall be arranged in open-faced bins.

Screening, as required by § 375-85, shall be provided along residentially zoned property boundary lines.

The applicant shall provide a written report prepared by a registered professional engineer certifying compliance with the performance standards specified in Article XXI of this chapter.

Research and development activities shall not involve the full-scale manufacturing of any product being tested or engineered.

All research and development activities shall be conducted entirely within a completely enclosed building.

All materials and equipment shall be stored within a completely enclosed building.

The storage or use of any hazardous or potentially hazardous materials shall be limited to those materials required to be used by or produced in connection with the research and development activity. The transportation, handling, use and disposal of such materials shall conform to all applicable Federal Environmental Protection Agency (EPA) and the Pennsylvania Department of Environmental Protection (PaDEP) regulations and permit requirements and the edition of the BOCA Fire and Building Codes currently in effect in the Borough.

All storage of materials shall be within a structure.

All storage yards shall be screened from adjacent properties, as per § 375-85.

All off-street parking shall be separate from loading areas.

All property not occupied by structures or parking/loading areas shall be landscaped and maintained.

Any site which involves wholesale distribution shall have direct access to an arterial or collector street, as defined by this chapter.

All materials and equipment shall be stored within a completely enclosed structure or shall be limited to storage in the rear or side yard if screened from view from the street or adjacent residential properties by a six-foot hedge or opaque fence.

No shipping or receiving shall be permitted within 300 feet of property in a residential zoning district between the hours of 7:00 p.m. and 7:00 a.m.

All shipping and receiving facilities adjoining residential use or zoning classification shall be screened by Buffer Yard B, as defined by § 375-85 of this chapter.

Wholesale sales shall not exceed 25% of the gross sales of the retail business.

The gross floor area devoted to wholesale warehousing shall not exceed the gross floor area devoted to the retail business.

Retail uses in Manufacturing District. Such uses shall be permitted only where the applicant proves that such use is or will be directly associated with the manufacturing uses and will not adversely affect the industrial development of adjoining land. Where such uses are permitted, the minimum lot size requirement shall be 10,000 square feet.

Light manufacturing uses. Light manufacturing uses in any M District shall, when abutting a residential use in an R District, be screened from such use in accordance with the provisions of § 375-85.

All repair activities shall be conducted in a completely enclosed building.

Adequate parking for delivery and service vehicles shall be provided.

No use or operation shall exceed the performance standards outlined in Article XXI.