Borough of Verona, PA Article XX Conditional Uses

§ 250-97 General criteria for evaluation of conditional uses.

[Amended 11-10-1998 by Ord. No. 9-1998]

A. Conditional uses are listed in Article V through XI of this chapter which list uses permitted in each zoning district.

B. The granting of a conditional use by the Borough Council upon review of recommendations by the Planning Commission shall be predicated on the developer's submission of a written application, together with an illustrative site plan of the proposal, to the Secretary of the Planning Commission.

C. The written submission shall demonstrate that the development for which the conditional use is sought:

(1) Will not endanger the public health and safety if located where proposed and will not deteriorate the environment or generate nuisance conditions such as traffic congestion, noise, dust, smoke, glare or vibration.

(2) Meets all other requirements of this chapter in the zoning district where the use is proposed.

(3) Is in general conformity with the Verona Borough comprehensive development objectives and is in harmony with the area in which it is proposed.

(4) Is an appropriate use on the proposed site.

§ 250-98 Procedure for reviewing conditional use application; options available after review.

A. The Planning Commission shall review the conditional use proposal within 30 days after receipt of the application.

B. The Commission may call and hold a public hearing, properly advertised, to gather additional testimony on the proposal.

C. The Commission shall submit its recommendations to the Borough Council within 60 days after receipt of the application, indicating approval, disapproval or approval with certain specific conditions.

D. The Borough Council, upon review of the Planning Commission's recommendations, shall determine whether the conditional use is to be granted, denied or granted with certain specific conditions, such action to be taken not later than 60 days after receiving the recommendations of the Planning Commission.

E. The Board and the developer may mutually agree to extend the time limitations for review if extenuating circumstances dictate such extension.

F. If Council grants the conditional use, it shall instruct the Zoning Officer to accept a building permit application as if the conditional use was a principal permitted use.

G. If Council does not grant the conditional use, or the conditions specified by Council in the grant are unacceptable to the developer, the developer may not reapply for the same conditional use on the same location sooner than one year after the denial.

H. Appeals from the Board's decision shall be taken to the Allegheny County Court of Common Pleas.

I. In the event that a variance from the requirements of this chapter is also requested by the developer, it shall not be considered by the Zoning Hearing Board until or unless a favorable decision on the conditional use is made.

J. A conditional use permit shall be declared null and void if, after six months from the date of its issue, no building permit to erect the use permitted has been applied for.

§ 250-99 Specific considerations in evaluating conditional use proposal.

A. Residential districts.

(1) Places of worship.

(a) Structures shall be set back at least 20 feet from all property boundary lines.

(b) Access drives shall be located to take advantage of maximum sight distances for motorists and shall be as remote as possible from nearby intersections.

(c) Parking areas may be required to be screened from adjacent residential properties if they will be a visual intrusion.

(d) Where living accommodations in the form of group quarters for members of a religious order are a part of the development, such quarters shall not provide for more than 12 individuals.

(e) One single-family dwelling may be constructed on the property as part of the development, for use by church staff only.

(2) Community center.

(a) Property shall abut a major street.

(b) Structures shall be set back at least 20 feet from all property boundary lines.

(c) Outside areas for recreation or parking abutting a developed residential lot along a side or rear property line shall be screened from the adjacent residence by an evergreen hedge or solid fence not less than four feet or more than 6 1/2 feet in height.

(3) Schools accredited by the commonwealth.

(a) Such school shall be the sole occupant of the property.

(b) Structures shall be set back at least 20 feet from all property boundary lines.

(c) Access drives shall be located to take advantage of maximum sight distances for motorists and shall be as remote as possible from nearby intersections.

(d) Parking areas may be required to be screened from adjacent residential properties if they will be a visual intrusion.

(e) The course of instruction shall not create dirt, noise, glare or other nuisances to adjacent properties.

(4) Public utility service buildings, structures or facilities:

(a) Location of public utility rights-of-way shall be such as to minimize damage to the neighborhood and the potential for development of property through which the right-of-way passes.

(b) Normally overhead lines and related equipment may be required by the Borough to be placed underground in whole or in part of the length of the right-of-way.

(c) Necessary aboveground structures shall be located to minimize environmental damage and shall be made as unobtrusive as possible from neighboring properties and streets.

B. Commercial district.

(1) Automobile sales.

(a) Business shall be conducted from a permanent structure containing facilities to service vehicles sold on the premises.

(b) Where an outside display area abuts a residential zone district or is directly across a street or alley from such a district, a dense evergreen hedge or solid fence, not less than four feet nor more than six feet in height, shall be provided along the sides of the display area abutting or directly across a street or alley from a residential zone.

(c) Lighting of display areas shall not create glare conditions on adjacent properties or streets and bare bulb lighting systems shall not be permitted.

(d) No vehicles not in a running condition, except those awaiting repairs, shall be permitted on the premises.

(2) Automobile service. All requirements of § 250-64G shall be complied with.

(3) Drive-in restaurants and banks.

(a) Access points shall be as remote as possible from nearby street intersections.

(b) Access to and circulation through the property as well as location of parking shall be obvious to motorists.

(c) Areas not paved or occupied by structures shall be landscaped and maintained, and edges of paved areas abutting landscaped areas shall be curbed.

(d) Lighting shall not create glare conditions on adjacent properties or streets.

(4) Commercial activities similar to those listed under permitted uses:

(a) Proposed business shall sell goods or services at retail only on the premises.

(b) Most if not all the business shall be conducted within a completely enclosed permanent structure.

(c) There shall be no unusual parking and/or off-street loading problems attendant to the business.

(d) Outdoor display shall be controlled and not arranged so as to be distracting to motorists on adjacent roads or to adjacent properties.

C. Light manufacturing and industrial district. Manufacture, where not specifically listed under permitted uses:

(1) All operations shall be entirely within an enclosed building, except as allowed under accessory uses.

(2) Performance standards in § 250-54 shall be strictly adhered to.

(3) Outdoor storage areas shall be screened from nearby public streets and residential properties.

(4) Operation shall be arranged so that windborne noise, dust and odors that cannot be contained will have minimum effect on nearby residential areas.

(5) Portions of the property abutting residential areas or not occupied by structures or paved shall be landscaped and maintained.