Verona City Zoning Code
ARTICLE XII
Special Provisions and Exceptions
§ 250-64 General use provisions and exceptions.
A.
Except as allowed for groups of residential buildings in the R-3 District,[1] only one main building in any district may be built on any lot and no boundary lines of lots in recorded plans shall be altered except by a revised subdivision plan. All lot and setback lines established by recorded plans or deeds are hereby adopted except where they are less restrictive than standards established by this chapter.
B.
All buildings or additions or alterations to buildings, contracts for the construction of which have been let or actual construction begun prior to adoption of this chapter, may be completed and used in accordance with their plans.
C.
Sewage disposal. Outdoor toilets or privies with open vaults or other use of land disposal of sewage and liquid refuse from any building or structure is prohibited. In all instances, sewer installations and sewage disposal must conform to the ordinances and regulations of Allegheny County and Verona Borough.
D.
Conversion apartments. Conversion of single-family dwellings existing prior to adoption of this chapter to two-family dwellings shall be permitted in the R-1, R-2 or R-3 Residential District, provided the following provisions are met:
(1)
The lot on which the dwelling is located is at least 4,000 square feet in area and contains no other dwelling buildings.
(2)
Each dwelling unit contains at least 350 square feet if an efficiency apartment (one principal room) or 500 square feet if a one-bedroom apartment or larger, and contains separate cooking and food storage facilities and a private bathroom with tub or shower, lavatory and toilet.
(3)
At least one usable permanent off-street parking space is available on the lot for each dwelling.
(4)
At least two means of egress directly to the outside or via a common hallway directly to the outside exist from each dwelling.
(5)
Heat capable of maintaining 70° F. temperature while the outside temperature is 0° is present throughout each dwelling.
(6)
Ventilation is supplied in each dwelling capable of a complete air change twice per hour continuously, or the operable sash area in each dwelling equals or exceeds in area 1/20 of the dwelling floor area.
(7)
Whenever an apartment is erected over a garage, the floor space between the garage and the apartment must be fireproofed.
E.
Apartments in commercial buildings and businesses in residential buildings. Construction or conversion of apartments on the second or second and third floors of a structure, the ground floor of which is used for commercial purposes, shall be permitted in the C Commercial District, and structures designed essentially for commercial purposes but in any residential zone district or structures designed essentially for residential purposes but in the C Commercial District may be allowed for the purposes for which they were originally designed, provided the following provisions are carried out:
(1)
For apartments in commercial buildings, an entrance providing access to the apartments above and separate from any commercial business shall be available on the ground floor but no apartment shall occur on that level or in basement areas.
(3)
Off-street parking meeting requirements of Article XIV[2] shall be available on the property or may be provided within 500 feet of the boundary of the property, provided the owner of the apartments also owns the nearby land containing the parking or has a lease for such spaces extending at least five years.
(4)
For a building designed for commercial purposes in a residential zone, such a structure may continue to be used for commercial purposes even though removed from such use for an extended time period, provided any proposed new commercial use is permitted in the C Commercial District, off-street parking as required by Article XIV is available, and signs are limited to those applied to walls adjacent to a street meeting the requirements for signs in the C Commercial District specified in Article XV.
(5)
For a building designed for residential purpose in the Commercial District, such a structure may continue to be used for residential purposes even though removed from such use for an extended time period, provided one off-street parking space is provided on the premises for each dwelling unit in the building.
F.
Home occupations and professional offices. Small businesses may be conducted in a single-family dwelling in the R-1, R-2 and R-3 Residential Districts, provided only one such occupation occurs in any single-family dwelling building and the following provisions are met:
[Amended 9-8-2015 by Ord. No. 04-2015]
(1)
Type of business permitted as home occupation.
(a)
Professional offices (lawyers, architects, engineers, ministers of religion, accountants, doctors, dentists, etc.) working as individuals.
(b)
Tutoring in academic subjects or piano instruction.
(c)
Tailor, seamstress, etc.
(d)
Office of a traveling salesman or salesman who conducts all his business by phone, provided no goods are stored or sold on the premises.
(e)
Business operated as a sole proprietorship by an incapacitated individual or one confined by health reasons to his home.
(2)
No changes in the exterior appearance of the residential building shall occur, and no additions shall be made to the building specifically to accommodate the business.
(3)
No more than 1/2 of one floor of the structure may be used for the business, and no business shall be permitted in a garage or other accessory building.
(4)
No activity in connection with the business shall occur outside the residential building except off-street parking as required in Article XIV, such parking to occur in side and/or rear yards only behind the front setback line and be screened from abutting residential properties by an evergreen hedge or fence no less than four feet nor more than 6 1/2 feet in height.
(6)
Only persons resident in the dwelling may be employed in the home occupation.
(7)
Borough Council may limit the number of home occupations on the same street frontage between cross streets if it is clear that congestion may result from a concentration of such businesses.
G.
Service stations are permitted as a conditional use in the C Commercial District, provided the following conditions are met:
(1)
All storage of gasoline and other flammable liquids shall occur in well-vented tanks below grade except for minor supplies in cans not larger than five gallons' capacity.
(2)
All pumps and other above-grade permanent service facilities shall be located not less than 15 feet from any lot or street line, and the service station building shall be not less than 40 feet from any street line.
(3)
All hoists, pits and all lubrication, greasing, automobile washing and repair equipment shall be entirely enclosed within a building.
(4)
Access shall be limited to not more than two drives, as remote from one another as possible, and one on each street frontage if a corner property; each drive not more than 35 feet in width and neither less than 40 feet from a street intersection, measured from the point of intersection of intersecting street right-of-way lines abutting the property and the nearest edge of an access driveway.
(5)
The entire service area shall be paved with a permanent surface sloped to a storm drain inlet or inlets and shall be edged with a curb where abutting planted areas. Remaining surfaces of the property shall be landscaped.
(6)
No derelict, damaged or unlicensed vehicles shall be stored on the premises for more than one week.
H.
Apartments over garages: Dwellings on the second floor of an accessory structure on a lot containing a one-, two- or three-family dwelling as the principal permitted use may be permitted in the R-1, R-2 or R-3 Residential District, provided the following provisions are met:
(1)
The total number of dwelling units occupying the lot, including the garage apartment or apartments, shall not exceed two in number in the R-1 District or four in number in the R-2 or R-3 District.
(2)
The lot area shall not be less than that required for the total number of dwelling units on the lot as permitted for the zone district containing the lot.
(4)
The accessory structure containing the apartments shall meet the minimum setback requirements from property and street lines for accessory structures in the zone district where it is located, except that the setback from a rear property line shall be not less than five feet.
(5)
Any property containing an accessory building with apartments shall not be subdivided unless the portion containing the principal use on the original lot and the portion containing the accessory structure will each occupy lots meeting the minimum requirements for lot area, width and frontage for the zone district containing the lot.
§ 250-65 General height provisions and exceptions.
A.
Basements shall not be counted as a story in computing height unless more than half the height of the basement is above the average level of the adjoining ground along any one side of the building.
B.
Corner and through lots. On a corner lot, the permitted building height shall be measured from the average of the mean of each frontage; on a through lot, each frontage shall control the permitted height to half the depth of the lot.
§ 250-66 General area provisions and exceptions.
A.
Double use of lot area. Any portions of a lot used to satisfy required yard or lot areas for a residential structure in compliance with the requirements of this chapter shall not be counted as required yard or lot area for another residential building.
B.
Undersize lots. Lots of inadequate area or street frontage to comply with this chapter may be developed without requesting a variance, provided yard setback requirements are not reduced, and provided that the lot in question does not adjoin along the same street frontage a second lot in the same ownership at the time of adoption of this chapter, in which cases variances must be sought.
C.
Garages on alleys. Where a property abuts two recorded streets and one street is clearly an alley upon which no properties have their only access, one garage may be erected if the wall of such garage parallel to and facing the alley is no closer than five feet to the alley.
D.
Unenclosed porches may be constructed or extended so they are no closer than five feet from any side lot line or 10 feet from any front or rear property line, provided they are not more than one story in height. Porches may be constructed or extended using the formula in Subsection E below relative to porches on adjacent developed properties.
E.
Partially developed streets. Where an undeveloped lot occurs between two developed lots which have insufficient front yard depth to meet the minimum requirements of this chapter for the zone district where such lots are located, a structure may be placed on the undeveloped lot set back from the front lot line the average distance of the setback of the two adjacent structures on either side but not less than 10 feet.
F.
Chimneys in yards. Buttresses, chimneys, cornices, piers, pilasters, balconies, access steps to basements, and roof overhangs may project not more than two feet into a required yard, provided such portions of a structure, except roof overhangs, are not more than six feet in width and not closer than three feet to a lot line, except that unenclosed fire escapes may extend for four feet into a required yard.
G.
Hedges and fences at intersections. Hedges and fences on a property at the intersection of two public streets shall be set back on the property so that a clear area is created allowing drivers approaching the intersection on either street a sight distance of at least 100 feet up and down the intersecting street between three feet and eight feet above the street surface for a distance of 20 feet back along the center lines of the intersecting streets. The Zoning Officer may require more restrictive requirements at his discretion in the case of intersections with limited sight distances, or he may relax the requirements where plantings or fences will not reduce existing sight distances.
H.
Hedges and fences along property lines. No fence or hedge shall exceed 6 1/2 feet in height above the ground line if erected along a rear or side property line to the rear of the front building line, except that such fence or hedge may extend to 10 feet in height along property lines enclosing a school, playground, park or industrial plant. No fence or hedge shall exceed three feet in height if placed along a front property line or along a side property line forward of the front building line, except as required for lots at intersections (see above) and for security fences for schools, playgrounds, parks and industrial plants, which may extend to 10 feet. Security fences shall be of an openwork chain-link metal type or approved equivalent.
I.
Screening of residential lots. Where the rear or side yard of a lot to be developed in the Commercial "C" or Light Industrial "LM" District abuts a lot in the Residential "R-1, R-2 or R-3" District without an intervening street at least 40 feet in width, there shall be provided on the commercially zoned lot an evergreen hedge, not less than three feet high when planted and thereafter maintained so as not to exceed 6 1/2 feet in height, such hedge optional within 20 feet of the front lot line. In lieu of a hedge, a wood or metal decorative fence not less than four nor more than 6 1/2 feet in height, at least 50% of the surface of which shall be opaque, may be provided. The Planning Commission may waive the requirements of this subsection if topographical or other visual barriers exist that will provide an equivalent or better protection for the residential property.
J.
Swimming pools. Swimming pools shall be considered any open tank, vessel or lake not located within a completely enclosed building but constructed on the site and capable of containing water to a depth at any point greater than 1 1/2 feet. One-piece pools requiring no construction and placed on the ground are excluded.
(1)
Pools shall be located in side or rear yards of a property only and shall be set back at least five feet from side and/or rear property lines.[1]
[1]
Editor’s Note: Former Subsection J(2), regarding enclosure of pools, and Subsection J(3), regarding building permit required to construct any swimming pool, which immediately followed this subsection, were repealed 9-8-2015 by Ord. No. 04-2015.
§ 250-67 Special regulations upon land subject to flooding.
[Amended 1-13-1981; 9-28-1995 by Ord. No. 7-1995; 6-13-2000 by Ord. No. 3-2000]
A.
The purpose of this section, in addition to the stated purposes of this chapter, is to minimize future public expenditure for flood protection and relief by restricting development or requiring it be floodproofed if within any land area subject to flooding.
B.
The provisions of this section do not guarantee that water levels higher than those established as maximum will not occur, nor that development outside those areas designated as subject to flooding will not suffer from high water. This section shall not create liability on the part of the Borough or any of its officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
C. BASEMENT DEVELOPMENT FLOODPLAIN FLOODWAY FLOODWAY-FRINGE HISTORIC STRUCTURE(1) (2) (3) (4) LOWEST FLOOR MANUFACTURED (MOBILE) HOME NEW CONSTRUCTION ONE-HUNDRED-YEAR FLOOD RECREATIONAL VEHICLE(1) (2) (3) (4) SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(1) (2)
Definitions of terms peculiar to this section. As used in this section, the following terms shall have the meanings indicated:
Any area of the building having its floor subgrade (below ground level) on all sides.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipment or materials and the subdivision of land.
The area of land on either side of a stream or drainageway that may be inundated by a flood likely to occur once every 100 years (one-percent chance a year), including the floodway and flood-fringe areas.
The stream or drainageway channel, plus that additional land surface area on either side required to pass the unconstricted one-hundred-year flood without causing any more than a one-foot rise in flood elevations.
That portion of the floodplain outside the floodway that, because of downstream constrictions, such as the junction of two streams, bridge crossings or narrowed or twisting channel to accommodate man-made structures or natural topography or geology, is likely to be submerged during the one-hundred-year flood.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified, either:
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this section.[1]
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after January 13, 1981, and includes any subsequent improvements to such structures.[2]
A flood that may occur any time but is likely to happen once every 100 years or has a one-percent chance of occurring in any year.
A vehicle which is:
Built on a single chassis.
Four hundred square feet or less when measured at the largest horizontal projection.
Designed to be self-propelled or permanently towable by a light duty truck.
Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.[3]
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions.
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
D.
Establishment of floodplain districts.
(1)
Two floodplain districts are hereby established as an overlay upon the Borough Zoning Map, and conform with the categories delineated in the Flood Insurance Study for Verona Borough, prepared by the Federal Insurance Administration and dated July 5, 2000, or the most recent revision thereof, and as shown on the Flood Insurance Rate Map in the study.
(2)
The floodway and floodway-fringe districts are those districts containing areas described in Subsection C above.
(3)
Where the regulations within the floodplain districts are more restrictive than the underlying zoning districts, the floodplain regulations shall apply.
(4)
If a developer wishes to contest the Flood Insurance Study, he may submit a report to the Federal Insurance Administration, prepared by a registered engineer, justifying new levels, and if the Administration concurs in the report's findings, the study may be amended and development permitted in accordance with the accepted change.
E.
Floodplain district regulations.
(1)
Under no circumstances shall any use or development adversely affect the capacity of the channels or floodways of any watercourse or drainage ditch or facility. Any proposal to alter or relocate a watercourse or drainageway shall be first referred to the Pennsylvania Department of Environmental Protection, Bureau of Waterways Engineering, with notification to adjacent municipalities and to the Department of Community and Economic Development and the Federal Insurance Administration.
(2)
Regulations in the floodway district. No development shall occur in the floodway district except when the effect of such development is fully offset by accompanying improvements to maintain or reduce the one-hundred-year flood level.
(a)
Permitted uses.
[1]
Public and private recreational uses such as parks, picnic grounds, and boat launching, swimming and fishing areas.
[2]
Accessory residential uses such as yard areas, gardens, play areas and parking areas with a pervious surface.
[3]
Accessory industrial uses such as yard areas and parking and loading areas with a pervious surface.
(b)
Uses permitted as conditional by the Planning Commission and Council.
[1]
Any conditional use permitted in the underlying zoning district.
[3]
Public utilities floodproofed if below the one-hundred-year storm level and other public improvements.
[4]
Water-related activities such as marinas, decks, wharves and piers.
[5]
Temporary uses for a period not to exceed 30 days.
[6]
Storage of materials and equipment, provided that they are not buoyant, flammable or explosive.
[7]
Similar uses and activities, provided they cause no increase in flood heights or velocities.
(c)
Prohibited uses.
[1]
No storage of radioactive substance or of any of the following materials in amounts exceeding 550 gallons or comparable dry measure on any property within the floodway district shall be permitted: acetone, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, hydrochloric acid, hydrocyanic acid, magnesium, nitric acid and oxides of nitrogen, petroleum products, phosphorous, potassium, sodium, sulphur or sulphur products and pesticides.
[2]
Mobile homes, mobile home parks or mobile home subdivisions, nursing homes, hospitals or jails.
(3)
Regulations in the flood-fringe district.
(a)
Permitted uses. Any use permitted in the underlying zoning district.
(b)
Uses permitted as conditional by the Planning Commission and Council.
[1]
Any conditional use permitted in the underlying zoning district.
[2]
The storage or manufacture of the substances or materials listed in Subsection E(2)(c)[1] above.
(c)
Prohibited uses. Mobile homes, mobile home parks or mobile home subdivisions, nursing homes, hospitals or jails.
(4)
Existing structures in floodplain districts.
(a)
The right to remain of any structure existing prior to adoption of these regulations and not in conformity with them is not jeopardized hereby.
(b)
No expansion of any existing structure in a floodway district shall be permitted unless the effect of such expansion is fully offset by accompanying improvements to prevent any rise in the one-hundred-year floodwater heights.
(c)
Any expansion or improvement of any structure in a floodplain district, when the costs, based on the building permit, of the expansion or improvement equals or exceeds 50% of the market value of the original structure, shall be undertaken in full compliance with these regulations.
F.
Variances within floodplain districts.
(1)
No variance shall be granted for any construction, development, use or activity within any floodway area that would cause any increase in the one-hundred-year flood elevation.
(2)
No variance shall be granted for any uses involving radioactive or other chemical substances listed in Subsection E(2)(c)[1] above.
(3)
Whenever a variance is granted by the Zoning Hearing Board, the Board shall notify the applicant in writing of its decision, as for any other variance request considered under this section. In addition, the Board shall inform the applicant that the variance will allow construction that could increase the risk to life and property on his premises and that his flood insurance premiums will be raised significantly.
(4)
A record of actions taken on variance requests shall be maintained and reported in the Borough's Annual Report submitted to the Federal Insurance Administration.
G.
Review and approval of construction in the floodplain districts. In addition to other requirements of this section for obtaining a building permit, persons proposing to develop land in the floodplain districts shall provide the following information, along with the building permit application, prepared by a registered professional engineer. A permit shall be required for any proposed development within the floodplain.
(1)
The permit officer shall require copies of all necessary permits from those governmental agencies from which approval is required by commonwealth or federal law.
(2)
A cross section or cross sections through the property at right angles to the stream or drainageway, showing existing and proposed grading, proposed structures with lowest floor elevations, including basements and level of the one-hundred-year flood before and after development.
(3)
A plan of the property showing the stream or drainageway, limits of the floodway and floodway-fringe districts within the property before and after development, buildings to remain and to be constructed, uses proposed for the buildings and remaining land, and sewer, water and other utilities within the property.
(4)
Proposed floodproofing measures to be incorporated in new construction and utilities to serve it, as specified in Subsection H below, and means to drain floodwater.
(5)
Certification from the engineer that the proposed construction has been designated to withstand the one-hundred-year flood, in terms of velocities, pressures, uplift forces, etc., that its lowest floor elevations and/or floodproofing meet the requirements of Subsection H(1) and (2) below, and that, if storage or manufacture of any materials listed in Subsection E(2)(c)[1] above are contemplated, a description of the safeguards incorporated in the design of the structure to prevent leaks or spills during periods of high water is provided.
H.
Construction standards that apply in floodplain districts.
(1)
The lowest floor elevation, including basement, of any residential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation. Fully enclosed spaces below the lowest floor shall be prohibited.
(2)
The lowest floor elevation, including basement, of any nonresidential structure shall be at least 1 1/2 feet above the one-hundred-year flood elevation or constructed so that the space enclosed below that elevation is completely or essentially dry in accordance with the standards contained in the U.S. Army Corps of Engineers' "Flood-Proofing Regulations," published in June 1972, and as may be amended. Fully enclosed spaces below the lowest floor shall be prohibited.
(3)
Graded areas receiving fill shall be no steeper than one vertical to two horizontal and shall extend at least 15 feet laterally from any building wall towards a stream or drainageway. Fills shall consist of soils or small rock materials only, shall be thoroughly compacted and shall be protected from erosion along banks by riprap, vegetative plantings or bulkheads. Areas to receive fill shall be stripped of topsoil prior to grading.
(4)
Developed areas shall be graded so that the surface slopes away from all building walls towards a stream or drainageway and so that runoff does not flow across adjacent properties.
(5)
Sanitary and water systems, particularly building laterals, shall be designed to eliminate infiltration of floodwaters and discharge from the sanitary sewers into floodwaters.
(6)
Materials that are buoyant, flammable, explosive or prohibited {see Subsection E(2)(c)[1] above} or vessels containing them shall be stored at least 1 1/2 feet above the one-hundred-year flood level.
(7)
Buildings, structures and equipment shall be located to offer minimum obstruction to stream flow and shall be securely anchored to prevent flotation, collapse or lateral movement.
(8)
Interior materials used in portions of a building lower than 1 1/2 feet above the one-hundred-year flood level and not designed to be completely dry shall be resistant to water damage. Unfinished masonry walls and concrete floors are preferred. Any finishes or woodwork should be marine or water-resistant quality.
(9)
All electrical, heating and other mechanical equipment shall be located at least 1 1/2 feet above the one-hundred-year flood level and electrical distribution panels at least three feet above. Separate electrical circuits shall be dropped from above to serve areas below the one-hundred-year flood level.
(10)
Gas and oil supply and water and sanitary sewerage systems within structures shall be designed to prevent infiltration of floodwaters and to facilitate drainage of floodwater if infiltration does occur.
(11)
All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse or lateral movement.