As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY USE OR BUILDINGS
A use or building customarily incidental and subordinate
to the principal use or principal building and located on the same
lot as the principal use or building.
ADULT BOOKSTORE
A commercial establishment having as a substantial or significant
portion of its stock-in-trade books, magazines, photographs or other
materials which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas, or an establishment with a segment
or portion devoted to the sale or display of such material.
ADULT BUSINESS
Any adult bookstore, adult cabaret, adult motion-picture
theater, adult motel or adult sexual encounter center which offers
activities or sales of products related to specified sexual activities
or specified anatomical areas and which, under the State Obscenity
Code, Section 5903, Title 18, PA Cons. Statutes, must exclude minors.
ADULT MOTION-PICTURE THEATER
An establishment used for presenting motion pictures distinguished
or characterized by an emphasis on matter depicting or relating to
specified anatomical areas for observation by patrons therein.
AGENT FOR OWNER
Any person who can show written proof that he has authority
to act for the property owner.
AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
ALLEY
A public right-of-way which affords only a secondary means
of access to abutting property.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors,
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including, but not limited to, an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
AUTOMOBILE SERVICE AND REPAIR STATION
Any building, land area or portion thereof used for the servicing,
repair, maintenance, and cleaning of automobiles and accessory sales
of tires, batteries and similar vehicle accessories.
[Amended 6-1-2004 by Ord. No. 613; 4-3-2012 by Ord. No. 664]
AUTOMOTIVE FUELING STATION
A building, premises or portions thereof which are used,
arranged, designed, or intended to be used for the retail sale of
gasoline or other fuel for motor vehicles, boats or aircraft and may
include retail sales of goods other than gasoline.
[Added 4-3-2012 by Ord. No. 664]
AWNING SIGN
A sign painted or incorporated into a roof-like cover, often
made of fabric, metal or glass, designed and intended for protection
from the weather or as a decorative embellishment which projects from
a wall or roof over a window, walk or door.
[Amended 6-1-2004 by Ord. No. 613]
BASEMENT
A story or that portion of a building having more than 50%
of its story height above finished grade. A basement may be used as
a dwelling unit.
BED-AND-BREAKFAST
A private owner-occupied business with guest rooms where
overnight accommodations and a morning meal are provided to lodgers
for compensation.
[Amended 10-6-2015 by Ord. No. 687]
BEDROOM
A room within a dwelling unit that is marketed, designed,
or otherwise likely to function for residential sleeping purposes.
[Added 6-7-2016 by Ord.
No. 692]
BOARD
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
BOROUGH
The Borough of Slippery Rock.
BUILDING (also see "structure")
An independent structure having a roof supported by columns
or walls resting on its own foundation and includes, but is not limited
to, a shed, garage, stable, greenhouse, barn or other accessory building.
A detached building is one separate on all sides from adjacent buildings
by open spaces from the ground up.
BUILDING GROUP, COMMERCIAL, INDUSTRIAL
A complex of two or more principal buildings, whether detached
or attached by a common wall, occupying a lot or property in single
ownership and having any yard, court, service or facility in common,
provided that yards and other requirements shall be met for each structure
as though it were on an individual lot.
BUILDING HEIGHT
The vertical distance measured from the mean level of the
ground surrounding the building to a point midway between the highest
and lowest point of the roof, but not including chimneys, spires,
mechanical penthouses, towers, tanks and similar projections.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUILD-TO LINE
The line that defines the placement of the building in relationship
to the street on which the building fronts. The build-to line of the
building typically forms a street wall line. On a corner lot, the
build-to line is located on each side of a lot abutting a street.
[Added 10-7-2014 by Ord.
No. 681]
CABARET
A club, bar, tavern, theater, hall or similar place which
features topless or bottomless dancers, entertainers or employees,
strippers, simulated sex acts, live or actual sex acts, or similar
entertainers or entertainment.
CELLAR
A story or that portion of a building having 50% or more
of its story height below the average level of adjoining ground. No
portion of any cellar shall be used as a dwelling or rooming unit.
CLINIC
Any professional medical building or establishment where
people are examined or treated by doctors or dentists but are not
hospitalized overnight therein.
CLUB, LODGES and FRATERNAL ORGANIZATIONS
An establishment operated for social, recreation or educational
purposes, open only to members and their guests and not the general
public, but excluding college fraternity or sorority houses.
COMMERCIAL VEHICLE
Any vehicle other than a private passenger vehicle, such
as trucks, trailers and construction equipment.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
CONCESSION TRAILER
A vending unit which is pulled by either a motorized unit
or any other device, animal, or human, and has no power or ability
to move on its own.
[Added 5-14-2019 by Ord.
No. 708]
CONDITIONAL USE
A use permitted in a particular zoning district by the Borough Council pursuant to the provisions of this chapter and Article
VI of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq.
CONSISTENCY
An agreement or correspondence between matters being compared
which denotes a reasonable, rational, similar connection or relationship.
CONTROLLED SUBSTANCE
A drug, substance or immediate precursor as defined in Schedules
I through V of the Pennsylvania Controlled Substance, Drug, Device
and Cosmetic Act, 35 P.S. § 780-104, or any amendments thereto.
COUNCIL
The Council of the Borough of Slippery Rock, Butler County,
Pennsylvania.
COVERAGE
That percentage of the lot or site area covered by principal
and accessory use structures.
DECISION
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of Butler County.
DENSITY, NET
The term describing the result of dividing the number of
dwelling units contained on a lot or group of lots into the area of
said lot(s), excluding from that computation any portion of the right-of-way
of any street or road contained thereon, and shall be expressed as
the amount of square feet of area per family or housing unit, or the
amount of families or dwelling units per net acre.
DETERMINATION
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
B.
The Zoning Hearing Board; or
C.
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development provisions. Determinations shall be appealable only to
the Boards designated as having jurisdiction for such appeal.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
DEVELOPMENT PLAN
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
DISTRICT
A "district" or a "zone" shall be any portion of the territory
of the Borough of Slippery Rock within which certain regulations and
requirements or various combinations thereof apply under the provisions
of this chapter.
DOMESTIC ANIMALS
Any animal that has been bred and/or raised to live in human
habitation and is dependent on people for food and shelter.
DORMITORIES, TO INCLUDE FRATERNITY AND SORORITY HOUSES
A building designed for or used solely or primarily to provide
housing for college or university students. The building may be publicly
or privately owned, leased, operated, managed or otherwise controlled.
Staff or monitors may also reside therein. The term "primarily" shall
be construed to mean over 75% of the total design capacity of the
building as permitted by local or state regulations, whichever is
the more stringent.
DRUG PARAPHERNALIA
Any objects, devices, instruments, apparatus or contrivances
whose primary and traditionally exclusive use is involved with the
illegal use of any and all controlled substances under the laws of
Pennsylvania.
DWELLING
Any building or portion thereof arranged, designed, or used
exclusively for residential occupancy on a permanent basis, but not
including hotels, motels, hospitals, boardinghouses, lodging or rooming
houses, and travel trailers or like camping or recreational equipment.
DWELLING, TWO-FAMILY
A building designed for and used exclusively for occupancy
by two families living independently of each other, including a duplex
(one dwelling unit above the other) or a double house (two dwelling
units side by side having one common wall).
DWELLING UNIT
One or more rooms, not part of a hotel/motel, designed for
and occupied for residential living purposes and collectively containing
cooking, living, sanitary and sleeping facilities. All rooms comprising
a dwelling unit shall have access through an interior door to other
parts of the dwelling unit.
[Amended 6-7-2016 by Ord.
No. 692]
DWELLING UNIT FOR RENT
A dwelling unit that is occupied for residential use by a
tenant other than the dwelling unit owner where such owner is paid
a fee for such use of the dwelling unit by the tenant.
[Added 6-7-2016 by Ord.
No. 692]
EDIBLE GOODS
Including, but not limited to: prepackaged food (e.g., candy,
beverages, and ice cream); off-site prepared food (e.g., hot dogs,
desserts, and pizza); and on-site prepared food (e.g., shaved ice,
sandwiches, and tacos).
[Added 5-14-2019 by Ord.
No. 708]
ELECTRONIC NOTICE
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
[Added 10-6-2015 by Ord.
No. 687]
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground
or overhead gas, electrical, communication, steam or water transmission,
distribution or disposal systems, including poles, wires, mains, drains,
sewers, pipes, conduit 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
such service by such public utilities or municipal or other governmental
agencies; excluding, however, buildings, storage tanks, towers, antennas,
relay or transmission stations, substations and pumps.
FENCES
An enclosure or an enclosing barrier intended to prevent
straying from within or intrusion.
[Amended 10-6-2015 by Ord. No. 687]
FLOOR AREA OR SPACE
For the purposes of applying the requirements for off-street
parking and loading, "floor area," in the case of offices, merchandising,
or service types of uses, shall mean the gross floor area used or
intended to be used by tenants, or for service to the public as customers,
patrons, clients, or patients, including areas occupied by fixtures
and equipment used for display or sale of merchandise. It shall not
include areas used principally for nonpublic purposes such as storage,
incidental repair, processing or packaging of merchandise, for shop
windows, for offices incident to the management or maintenance of
stores or buildings, for toilet rooms or restrooms, for utilities,
or for dressing rooms, fitting rooms or alteration rooms.
FOOTCANDLE
One footcandle is the amount of illumination provided by
one lumen uniformly distributed on one square foot of surface.
[Amended 6-1-2004 by Ord. No. 613]
FOREST
Areas or stands of trees, at least 20 of which are greater
than 24 inches in caliper, covering an area at least 1/2 acre (21,780
square feet) in size.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principals, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
GAME COURTS
Recreational facilities which utilize a court for participation,
including but not limited to tennis, basketball, horseshoe and croquet
courts.
GARAGE, PRIVATE
A detached accessory building or a portion of a principal
building used only for the storage of automobiles and/or farming implements
by the families resident upon the premises, and further provided that,
except on farms, such garage shall not be used for storage of more
than one commercial vehicle and such commercial vehicle shall not
be larger than one ton rated capacity.
GARAGE, PUBLIC
A structure or portion thereof, other than a private garage,
operated for gain and which is used for the storage, sale, hire, care,
repair or refinishing of automobiles, not including a structure or
part thereof used only for storage or display of automobiles for other
than transients.
GATEWAY SIGN
A collective freestanding or monument sign located at the
entrance to a destination area such as a downtown, recreational area
or mixed-use development.
[Amended 6-1-2004 by Ord. No. 613]
GROUP RESIDENCE FACILITY
Any private residence licensed by the commonwealth to provide
care to a maximum of six clients with mental or physical disabilities
on a twenty-four-hour basis, not including staff.
HEAD SHOP
Any business, the operation of which involves the sale, lease,
trade, gift or display for sale of any and all types of drug paraphernalia.
HEARING
An administrative proceeding conducted by a board pursuant
to Section 909.1 of the Pennsylvania Municipalities Planning Code.
HOME OCCUPATION
An occupation conducted in a dwelling unit solely by members
of the family residing on the premises. The use of the dwelling unit
for the home occupation shall be clearly incidental and subordinate
to its use for residential purposes.
HOMEOWNERS' ASSOCIATION
An organization of property owners of lots in individual
residential developments responsible for the maintenance of common
open space in each plan and the payment of taxes on that land classified
as commonly owned open space.
HOTEL/MOTEL
A building containing rooming units designed for or intended
to be used solely or primarily to provide temporary lodging for more
than 10 transient individuals for compensation, with or without meals.
A dwelling unit may be provided solely for the use of the owner, manager
or similar staff whose presence on site is necessary. If more than
75% of the total design capacity of the building, excluding dwelling
units, as permitted by local or state regulations, whichever are more
stringent, are for college students, the building shall be classified
as a dormitory.
HOUSE PETS
For the purposes of this chapter, a "house pet" shall include
dogs, cats, and songbirds, including parrots, canaries and parakeets.
IMMEDIATE PRECURSOR
A substance which, under the regulations of the Pennsylvania
Department of Health, is a principal compound commonly used or produced
primarily for use, and which is an immediate chemical intermediary
used or likely to be used, in the manufacture of a controlled substance.
INDUSTRIAL SERVICES
Establishments providing primary service to industries such
as machinery sales and repair, supply sales and warehousing, transportation
services, restaurants serving industrial concerns, and the like. Industrial
services shall not include the sales, salvage, or repair of passenger
vehicles.
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
(2)
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
C.
Development other than those activities specified as exclusions
in Section 503, Subsection 1.1, of the Pennsylvania Municipalities
Planning Code, as amended.
LANDOWNER
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LIGHT MANUFACTURING
The processing, cleaning, servicing, testing, repair or storage
of material, goods or products of these types: beverages, confections,
cream, all food products (exclusive of meat and fish packing), ceramics,
clothing, dyes, patterns, scientific instruments, jewelry, timepieces,
optical goods, musical instruments, toys, cosmetics, tobacco products,
drugs, and of products from the following previously prepared materials:
wood, glass, textiles, cork, leather, bone, horn, shell, fur, feathers,
hair, rubber, paper, metals, when conducted wholly within an enclosed
structure.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A.
(1)
LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same streets, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.
(3)
LOT, THROUGHA lot other than a corner or interior lot with frontage on more than one street.
B.
LOT LINESThe boundary line describing the limits of a property and separating it from adjacent properties or a public street or right-of-way.
(2)
LOT LINE, REARThe lot boundary line opposite and most distant from the front lot boundary line.
C.
LOT DEPTHThe minimum horizontal distance between the front and rear lot lines.
D.
LOT WIDTHThe least horizontal distance between the side lot lines, measured at right angles to the lot depth.
E.
LOT AREAThe area of a horizontal plane measured at grade and bounded by the front, side and rear lot lines.
F.
BUILDING LINEA line located a fixed distance from the front lot line and interpreted as being the nearest point that any part of a building, excluding steps, shall be constructed to the front lot line.
LOT OF RECORD
Any lot which, individually or as part of a subdivision,
has been recorded in the office of the Recorder of Deeds of Butler
County.
MAILED NOTICE
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
[Added 10-6-2015 by Ord.
No. 687]
MAIN STREET CORRIDOR
A major thoroughfare that runs northwest to southeast through
the Central Business District of the Borough, along which are located
areas of unique architectural interest and value.
[Added 10-7-2014 by Ord.
No. 681]
MASSAGE
Any method of treating the superficial soft parts of the
human body for remedial, hygienic or other purposes, consisting of
rubbing, stroking, kneading or any similar treatment accomplished
by hand or by the use of any instrument.
MASSAGE PARLOR
Any building or structure or portion thereof, located within
Slippery Rock Borough, which is open to members of the general public,
with or without the payment of a fee, at which massage services are
offered.
MASTER SIGNAGE PLAN
Graphics and text describing all types of signs proposed
to be erected on a site, including the sizes, colors, materials, illumination,
content and exact locations.
[Amended 6-1-2004 by Ord. No. 613]
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MINERALS
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
MIXED-USE BUILDING
A two- or three-story building which houses nonresidential
uses, including retail shops and offices on the ground floor. Uses
within the upper floors include residential uses other than single-family
dwellings and/or nonresidential uses.
[Added 10-7-2014 by Ord.
No. 681]
MOBILE
The capability of moving freely or easily, but not necessarily
in continuous motion.
[Added 5-14-2019 by Ord.
No. 708]
MOBILE FOOD TRUCK
A vehicle-mounted unit engaged or utilized in the sale of
edible goods.
[Added 5-14-2019 by Ord.
No. 708]
MOBILE FOOD VENDOR
Any business or person which sells edible goods from a mobile
vending unit within the Borough of Slippery Rock.
[Added 5-14-2019 by Ord.
No. 708]
MOBILE OR MANUFACTURED HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two units designed to be joined
into one integral unit capable of again being separated for repeated
towing, which arrives as a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations, and constructed
so that it may be used without a permanent foundation.
MOBILE OR MANUFACTURED HOME LOT
A parcel of land in a mobile or manufactured home park, improved
with the necessary utility connections and other appurtenances necessary
for the erection thereon of a single mobile or manufactured home.
MOBILE OR MANUFACTURED HOME PARK
A parcel or contiguous parcels of land which has been so
designed and improved that it contains two or more mobile or manufactured
home lots for the placement thereon of mobile or manufactured homes.
MOBILE VENDING UNIT
The unit from which a mobile vendor operates. This term includes,
but is not limited to, mobile food trucks; any motor vehicle used
to sell edible goods; any type of wagon, trailer, concessions cart,
sled or other equipment that must be moved by nonmotorized means (pulled
or pushed); and concession trailers.
[Added 5-14-2019 by Ord.
No. 708]
MODEL STUDIO
A.
Any premises on which there is conducted the business of furnishing
figure models who pose in the nude for the purpose of being observed,
sketched, drawn, sculptured, photographed or otherwise similarly depicted
for persons who pay a fee, compensation or gratuity for the right
or opportunity to so depict said model.
B.
Also, any premises where there is conducted the business of
furnishing, providing or procuring, for a fee or other consideration,
figure models who pose in the nude to be observed, sketched, painted,
drawn, photographed, sculptured or otherwise depicted.
C.
Exception. The term "model studio" does not include:
(1)
Any studio which is operated by a university, college, public
school or governmental agency wherein the operators have met the requirements
established by the Commonwealth of Pennsylvania for the issuance or
conferring of a diploma.
(2)
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection
C(1) of this definition.
(3)
Any studio operated by a tax-exempt, nonprofit corporation devoted
to art and its appreciation.
MONUMENT SIGN
A sign in which a stone or brick structure is used to mount
the sign area on, in or as an integral part of such structure. The
permissible sign area of such sign shall begin at a height of not
greater than four feet above normal grade.
[Amended 6-1-2004 by Ord. No. 613]
MOTION-PICTURE FILM
Includes any film or plate negative; film or plat positive;
film designed to be projected on a screen or other surface for exhibition;
films, glass slides or transparencies, either in negative or positive
form, designed for exhibitions by projection on a screen or other
surface; and videotape or any other medium used to electronically
reproduce images on a screen or other surface.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the Municipality
Authorities Act, 53 Pa.C.S.A. § 5601 et seq.
[Amended 10-6-2015 by Ord. No. 687]
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for a municipality,
planning agency, or joint planning commission.
MUNICIPALITY
Any city of the second class A or third class, Borough, incorporated
town, township of the first or second class, county of the second
class through eighth class, home rule municipality, or any similar
general purpose unit of government which shall hereafter be created
by the General Assembly.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use.
[Added 10-6-2015 by Ord.
No. 687]
NONCONFORMING LOT
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
chapter or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
NONREFRIGERATED
Edible goods that are not required to be kept at a temperature
below 41° F. according to the federal Food and Drug Administration
and the Pennsylvania Department of Agriculture, Bureau of Food Safety
and Laboratory Services rules.
[Added 5-14-2019 by Ord.
No. 708]
NUDE
Completely without clothing or showing the human male or
female genitals, pubic area or buttocks with less than a full opaque
covering or showing the female breast with less than a fully opaque
covering or any portion thereof below the top of the areola or showing
the covered male genitals in a discernibly turgid state.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article
IV of the Pennsylvania Municipalities Planning Code.
OFF-SITE ADVERTISING SIGN
A billboard or sign that directs attention to a business,
commodity, service, or entertainment conducted, sold or offered at
a location other than the premises on which the sign is located.
OFF-STREET PARKING AREA, PRIVATE
An open area for the same uses as a private garage or carport
and regulated as such, together with properly related access to a
public or private street or alley.
OFF-STREET PARKING AREA, PUBLIC
An open area, other than a street or other public way, improved
and used for the parking of automobiles and available to the public,
whether for a fee, free or as an accommodation for employees, clients
or customers, together with properly related access to a public or
private street or alley.
OFF-STREET PARKING SPACE
An off-street space having dimensions of nine feet in width
and 18 feet in depth and an area of not less than 162 square feet,
whether inside or outside of a structure, for the temporary standing
of an automotive vehicle, to be used exclusively as a parking stall
for one automotive vehicle.
OVERLAY ZONING DISTRICT
A zoning district that encompasses one or more underlying
zones and that imposes requirements in addition to or as a supplement
to those required in the underlying zone.
[Amended 10-7-2014 by Ord. No. 681]
PERSONAL CARE HOME
A home licensed by the commonwealth in which bed care and
inpatient services are provided to aged or infirm individuals for
compensation, not including clinics or institutions devoted to the
diagnosis and treatment of the sick or injured.
PERSONAL SERVICE
A commercial business providing individual services related
to personal needs, including, but not limited to, beauty shops and
barbershops, shoe repair, tailoring or therapeutic massage.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of this chapter.
PRINCIPAL PERMITTED USE
The single primary or predominant use to which a property
is or may be devoted and to which all other uses on the property are
accessory.
PRESERVATION or PROTECTION
When used in conjunction with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
PRIME AGRICULTURAL LAND
Land used for agricultural purposes that contains soils of
the first, second, or third class as defined by the United States
Department of Agriculture Natural Resources Conservation Service County
Soil Survey.
PROFESSIONAL OFFICE (OR SERVICE)
The office of a person engaged in any occupation, vocation,
or calling, not purely commercial, mechanical or agricultural, in
which a professed knowledge or skill in some area of science or learning
is used by its practical application to the affairs of others, either
advising or guiding them in serving their interest or welfare through
the practice of an act founded thereon.
PROJECTING SIGN
Any sign that is supported by any exterior wall of a building
or suspended beneath any awning, canopy or marquee with the exposed
face of the sign in a plane approximately perpendicular to the plane
of the supporting wall and projecting more than 12 inches from the
building.
[Added 10-5-2010 by Ord. No. 649]
PUBLICATION
Includes any book, magazine, article, pamphlet, writing,
printing, illustration, picture, sound recording or motion-picture
film which is displayed or contained in an area open to the public
or is offered for sale or exhibited in a coin-operated machine.
PUBLIC EDUCATION FACILITY
A classroom building, laboratory, science building, faculty
or administrative office building, recreation facility, or other facility
used exclusively for the conduct of the educational, administrative,
and on-campus student housing functions of a publicly owned institution
of primary, secondary, or higher education.
[Added 12-3-2013 by Ord.
No. 677]
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreational areas
and other public areas;
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities; and
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under 65 Pa.C.S.A. Chapter
7 (relating to open meetings).
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
RECREATION
C.
RECREATION, PUBLICRecreation facilities operated as a nonprofit enterprise by the Borough or any other governmental entity which is open to the general public.
RENEWABLE ENERGY SOURCE
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy, and excluding those sources of energy used in the fission
and fusion processes.
REPORT
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
RETAIL SALE
The sale of commodities and services directly to consumers.
[Added 4-3-2012 by Ord. No. 664]
ROOMING HOUSE, TO INCLUDE A BOARDING, LODGING OR TOURIST HOME
A building other than a dormitory, hotel, fraternity or sorority
house containing not more than one dwelling unit occupied by a family
and providing, for compensation, rooming units for the lodging of
not more than 10 individuals in addition to the family.
ROOMING UNIT
A room or rooms constituting a separate, independent housekeeping
unit that is physically separated from any other rooms, dwelling units,
or rooming units in the same structure. The rooming unit shall contain
living and sleeping facilities but not cooking or eating facilities
and shall be occupied by no more than one family.
SETBACK
The distance between the building and any lot line. Setbacks
establish the required yards, front, rear and side.
SETBACK LINE
That line which is the required minimum distance from any
lot line and that establishes the area within which the principal
structure must be placed.
SIGN
A name, identification, description, display or illustration
which is affixed to or painted or represented directly or indirectly
upon a building, structure, or piece of land and which directs attention
to an object, product, place, activity, persons, institution, organization,
or business. However, the above definition of a "sign" shall not prohibit
the display of any official court or public office notices nor any
official or municipal traffic control or parking sign or device, nor
shall it include the flag, emblem or insignia of a nation, state,
county, municipality, school, or a religious group. A sign shall not
include a sign located completely within an enclosed building. Each
display surface of a sign shall be considered to be a sign.
A.
(1)
Signs indicating address and/or name of residential properties
and the occupants. Such sign shall not exceed two square feet in area.
(2)
Address markers shall be provided on every parcel in every commercial
or industrial zoning district. Such signs shall:
(a)
Be located at every entrance, or in front of any building or
fence.
(b)
Have a white background and dark letters.
B.
BANNERAny sign intended to be hung, either with or without frames, of lightweight material such as paper, plastic or fabric of any kind. National flags, state or municipal flags or the official flag of any institution or business shall not be considered banners.
C.
CANOPY SIGNA sign attached to a roof extension of a building with or without support, but no walls.
D.
DIRECTIONAL SIGNA sign that provides on-site directional assistance or instruction to vehicular or pedestrian traffic relative to parking area, entrances and exits. Such sign shall contain no advertising other than the business name or logo.
E.
FREESTANDING SIGNThe general term for any on-site sign which is supported from the ground and not attached to a building. The sign may be attached to a pole, mast, frame or other structure that is not itself an integral part of, or attached to, a building.
G.
MARQUEEA permanent structure, other than a roof, attached to, supported by, and projecting from a building and providing protection from natural elements.
H.
MARQUEE SIGNA sign attached to, and made a part of, a marquee or any other similar projection from a building.
I.
OFF-PREMISES SIGN/BILLBOARDAny sign which communicates information or a message or a business activity which is provided at a location other than the premises on which the sign is located.
J.
POLITICAL SIGNA temporary sign directly associated with any national, state or local election.
K.
PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure or designed to be transported.
L.
TEMPORARY SIGNAny sign that is displayed only for a specified period of time.
M.
WALL SIGNAny sign attached to a wall of a building and parallel to the wall.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of Article
VI and
IX of the Pennsylvania Municipalities Planning Code.
SPECIALTY RETAIL
Uses which are linked together by an architectural, historic
or geographic theme or a commonality of goods and services and whose
shops cater to a specific market.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttock or female breast below a point immediately above the
top of the areola; or
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal;
B.
Acts of human masturbation, sexual intercourse or sodomy; and
C.
Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
STATIONARY LOCATION
The position of the mobile food vendor when not in motion
and addressing the public for the purpose of sales.
[Added 5-14-2019 by Ord.
No. 708]
STORY
That portion of a building included between the surface of
any floor and the surface of the floor and the ceiling next above
it.
STREET
The following street classifications shall apply to streets
in the Borough of Slippery Rock and shall be applied as defined in
the "Comprehensive Plan for the Borough of Slippery Rock, Butler County,
Pennsylvania":
A.
ARTERIALArterials accommodate intercommunity traffic flow and afford connections to other communities or secondary regional traffic generators, with direct access to adjoining property being a secondary function. The average length of trip of such highway normally exceeds three miles.
B.
COLLECTORThese roads serve to funnel traffic onto arterials and to provide linkage on an intercommunity basis. Providing access to properties abutting a collector street is likewise a secondary function. The primary function of a collector street is to accept the traffic generated on local streets with which they may be interlinked.
C.
LOCALSuch roadways are intended primarily to serve properties fronting on their right-of-way. These roads generally do not carry major traffic volumes since their function is to serve that traffic generated from the residential properties.
STREETSCAPE
The pedestrian-scaled space formed by buildings located close
to the street, which is embellished with such features as sidewalks,
street trees, streetlights, curbs, on-street parking, benches and
waste receptacles. The streetscape is framed by buildings that create
the outdoor-room character of the Main Street Corridor Overlay District.
[Added 10-7-2014 by Ord.
No. 681]
STREET WALL
The wall of a building adjoining a sidewalk at the edge of
the street right-of-way.
[Added 10-7-2014 by Ord.
No. 681]
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Borough Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to the requirements of §
350-64 of Chapter
350, Subdivision and Land Development) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
SWIMMING POOL
A water-filled enclosure, either permanently constructed
or portable, having a depth of more than 18 inches below the level
of the surrounding land or an above-surface pool having a depth of
more than 30 inches, designed, used, and maintained for swimming and
bathing.
TEMPORARY USE PERMIT
Authorization issued by the Zoning Officer to conduct short-term
activities, special events or seasonal sales within the Borough.
TOWNHOUSE or ROW HOUSE
Three to eight separate dwelling units attached to each other
by party or common walls, with each unit having individual access
and rear common or private garden orientation.
TRADITIONALLY EXCLUSIVE USE
A use which is primary and inherent as opposed to secondary
and incidental and is associated with certain knowledge or beliefs
derived from statements of contemporary persons and handed down through
a considerable period of time.
TRAVEL UNIT
A portable vehicle or structure built on a chassis and designed
to be used as a temporary dwelling for travel and recreation purposes,
having a body width not exceeding eight feet and a body length not
exceeding 25 feet. A travel unit shall include a travel trailer, collapsible
trailer, pickup camper, chassis-mount camper, tent trailer, motor
home, and conversion unit. Such units shall not be utilized for permanent
human habitation.
UNRELATED PERSONS
Person occupying a dwelling unit for rent who are not related
by blood, marriage, or adoption, excluding services and nursing caregivers.
[Added 6-7-2016 by Ord.
No. 692]
VARIANCE
Relief granted pursuant to the provisions of this chapter and Articles
VI and
IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
VEHICLE SIGN
A sign that is attached to or painted on a vehicle that is
parked on or adjacent to any property, the principal purpose of which
is to attract attention to a product sold or business located on the
property.
[Added 10-5-2010 by Ord. No. 649]
VISUAL HAZARD
Any fixed or temporary physical object or structure which,
because of its presence, causes danger, risk, or peril to motor vehicle
operators or pedestrians by making it difficult or impossible for:
A.
Motorists to see each other clearly;
B.
Pedestrians to see motorists clearly;
C.
Motorists to see pedestrians clearly; or
D.
Pedestrians to see pedestrians clearly.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough.
YARD
An open space, as may be required by this chapter, of uniform
width or depth on the same lot with a building or a group of buildings,
which open space lies between the principal building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from 30
inches above the ground upward, except as herein permitted.
A.
YARD, FRONTAn open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this chapter.
B.
YARD, REARThe area of any property between the rear line of the property and the rear setback line parallel to it.
C.
YARD, SIDEThe area of any property bounded by the required front and rear yards and the side property line and parallel side setback line.
ZONING HEARING BOARD
A Board appointed by the Borough Council to examine appeals
for relief from strict conformance to application of this chapter,
to consider special exceptions and to hear testimony regarding the
validity of any regulations upon development in the Borough.
ZONING MAP
The official plan of zoning districts in the Borough, a part
of this chapter, showing precisely the boundaries and title of each
zoning district.
ZONING OFFICER
The administrative officer appointed by the Borough Council
who shall administer and enforce the provisions of this chapter.