Presenter
Presented by Ms. Burns
Title
An Ordinance Amending the Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, Chapter 911, Primary Uses, Section 911.02, Use Table, Non-Residential Uses, by adding Outdoor Retail Sales and Service [Non-Accessory Use]; Article V, Use Regulations, Chapter 911, Primary Uses, Section 911.04, Standards, by adding 911.04.A.89, Outdoor Retail Sales and Service [Non-Accessory Use]; and Article IX, Measurements and Definitions, Chapter 926, Definitions, by adding Section 926.211.1, Outdoor Retail Sales and Service [Non-Accessory Use], by defining and permitting Outdoor Retail Sales and Service
Body
THE COUNCIL OF THE CITY OF PITTSBURGH HEREBY ENACTS AS FOLLOWS:
[Non-Accessory Use] in Local Neighborhood Commercial and Downtown Riverfront Districts as a special exception and providing standards governing the approval of this use and Article V, Use Regulations, Chapter 912, Accessory Uses and Structures, 912.06, Outdoor Retail Sales and Service [Accessory Use] providing standards governing the approval of this use.
SECTION 1. The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, Chapter 911, Primary Uses, Section 911.02, Use Table, Non-Residential Uses, is hereby amended by adding and allowing Outdoor Retail Sales and Service [Non-Accessory Use] in Local Neighborhood Commercial and Downtown Riverfront Zoning Districts as a special exception.
Section 911.02, Use Table, Non-Residential Uses.
Outdoor Retail Sales and Service [Non-Accessory Use] means the sale of goods and services, including food items, situated outdoors on property other than public rights-of-way, wherein the sale of goods and services is separate and distinct from the commercial activities being conducted in the existing establishment or property located on the zoning lot or is not consistent with the use specified on the Certificate of Occupancy for the zoning lot or is being conducted pursuant to a different business identification number from the existing establishment or property.
Outdoor Retail Sales and Service [Non-Accessory Use] shall be allowed in Local Neighborhood Commercial [LNC] and Downtown Riverfront [DR] Districts as a Special Exception.
Section 2.
The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, Chapter 911, Primary Uses, Section 911.04, Standards, is hereby amended by adding standards governing the approval of Outdoor Retail Sales and Service [Non-Accessory Use] in Local Neighborhood Commercial and Downtown Riverfront Districts as a special exception.
Section 911.04.A.89, Outdoor Retail Sales and Service [Non Accessory Use].
Outdoor Retail Sales and Service [Non-Accessory Use] shall be subject to the following standards:
(a) A lot containing Outdoor Retail Sales and Service [Non-Accessory Use] shall not be located within 100 feet of a lot with a Certificate of Occupancy for the sale of similar goods and service or an approved vending location selling similar goods and service; and
(b) When applicable to the proposed type of goods and service being sold the applicant must present a Letter of Compliance from Fire Prevention, Allegheny County Health Department and any other appropriate agency or department; and
(c) Must provide and have available sufficient on-site area to accommodate a standing area for customers purchasing or attempting to purchase goods and service without encroaching on the public right-of-way or adjacent property; and
(d) Must provide sufficient trash receptacles for wrappers, containers and other disposable products associated with the sale of goods and service.
Section 3.
The Pittsburgh Code, Title Nine, Zoning Code, Article IX, Measurements and Definitions, Chapter 926, Definitions, is hereby amended by adding the definition of Outdoor Retail Sales and Service [Non-Accessory Use], as follows:
Section 926.211.1, Retail Sales and Service, Outdoor [Non-Accessory Use].
See Use Table, Section 911.02.
Section 4.
The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, Chapter 912, Accessory Uses and Structures, 912.04 Accessory Use and Structure Development and Operational Standards, is hereby amended by adding 912.06, Outdoor Retail Sales and Service [Accessory Use] defining and providing standards governing the approval of Outdoor Retail Sales and Service [Accessory Use].
Section 912.06, Outdoor Retail Sales and Service [Accessory Use].
Outdoor Retail Sales and Service [Accessory Use] means the sale of goods and services, including food items, situated outdoors on property other than public rights-of-way, wherein the sale of goods and services is subordinate and integral to the use specified in the Certificate of Occupancy and pursuant to the business identification number for the existing establishment or property located on the zoning lot.
Section 912.06.A, Standards.
Outdoor Retail Sales and Service [Accessory Use] shall be subject to the following standards:
(1) When applicable to the proposed type of goods and service being sold the applicant must present a Letter of Compliance from Fire Prevention, Allegheny County Health Department and any other appropriate agency or department; and
(2) Must provide and have available sufficient on-site area to accommodate a standing area for customers purchasing or attempting to purchase goods and service without encroaching on the public right-of-way or adjacent property; and
(3) Must provide sufficient trash receptacles for wrappers, containers and other disposable products associated with the sale of goods and service.