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.
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.
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.
[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.
