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File #: 2021-2095    Version: 1
Type: Ordinance Status: Passed Finally
File created: 10/22/2021 In control: Committee on Land Use and Economic Development
On agenda: 10/26/2021 Final action: 12/20/2021
Enactment date: 12/20/2021 Enactment #: 58
Effective date: 12/27/2021    
Title: Ordinance amending the Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, Chapter 911, Primary Uses, Section 911.02, Use Table, and Section 911.04, Use Standards; Chapter 912, Accessory Uses and Structures, Section 912.04, Accessory Use and Structure Development and Operational Standards; Chapter 913, Use Exceptions and Conditions Not Listed in the Use Table, Section 913.04, Special Exceptions; and Article VI, Development Standards, Chapter 914 Parking Loading and Access, Section 914.02, Off-Street Parking Schedules to update the standards and definitions for Restaurant and Restaurant Fast-Food uses, and to update the standards for other drive-through uses within the City of Pittsburgh. (Public Hearing held 12/14/21)
Attachments: 1. 2021-2095 Cover Letter-City Council Cover Letter Restaurant and Drive Through Uses, 2. Summary 2021-2095

Title

Ordinance amending the Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, Chapter 911, Primary Uses, Section 911.02, Use Table, and Section 911.04, Use Standards; Chapter 912, Accessory Uses and Structures, Section 912.04, Accessory Use and Structure Development and Operational Standards; Chapter 913, Use Exceptions and Conditions Not Listed in the Use Table, Section 913.04, Special Exceptions; and Article VI, Development Standards, Chapter 914 Parking Loading and Access, Section 914.02, Off-Street Parking Schedules to update the standards and definitions for Restaurant and Restaurant Fast-Food uses, and to update the standards for other drive-through uses within the City of Pittsburgh.

(Public Hearing held 12/14/21)

 

Body

The Council of the City of Pittsburgh hereby enacts as follows:

 

Section 1.                      The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, is hereby amended at Chapter 911, Section 911.02, Use Table, as follows:

 

SEE ATTACHMENT

attachment

911.02. Use Table

 

Use  Classification  The Pittsburgh Urban  Zoning Code  P = Permitted By Right  A = Administrator Exception  S = Special Exception  C = Conditional Use

Base Zoning Districts*

Standard    See  Section  911.04.x

 

Residential

Mixed Use

Special

DT

RIV

 

* As Base Zoning District Regulations, all uses may be subject to additional regulations imposed by applicable Overlay Zoning Districts.

R1D

R1A

R2

R3

RM

NDO

LNC

NDI

UNC

HC

GI

UI

P

H

EMI

GT

 

RM

MU

NS

GI

IMU

 

Restaurant, Fast-Food means an establishment where the principal business is the sale of food and beverage, and where the business includes a drive-through window. non-alcoholic beverage in a ready-to-consume state and where the design or principal method of operation is that of a quick-service restaurant where orders are generally not taken at the customers' tables, where food is generally wrapped in disposable wrapping or containers, and where food and beverage may be served directly to the customer in an automobile.

Restaurant, Fast-Food (Limited) means a Fast-Food Restaurant that does not have a separate curb-cut on a public right-of-way for automobile drive-through service.

 

 

 

 

 

 

A

A

A

P

A

A

C

 

A

P

 

 

S

P

 

A

A.54

Restaurant, Fast-Food (General) means a Fast-Food Restaurant that has a separate curb-cut on a public right-of-way for automobile drivethrough service.

 

 

 

 

 

 

 

 

S

P A

A S

A

 

 

 

 

 

 

 

 

 

S

A.55

Restaurant means an establishment other than "Fast-Food Restaurant" where the principal business is the sale of food and beverage in a ready to consume state, where there is no service to a customer in an automobile, and where the design or principal methods of operation consist of one (1) or more of the following:  1. A sit-down restaurant where customers are normally provided with an individual menu, are generally served food in non-disposable containers by a restaurant employee at the same table or counter at which the food and beverage items are consumed, or  2. A cafeteria or cafeteria-like operation where food and beverage generally are served in non-disposable containers and are consumed with the restaurant; But not including Social Club.

Restaurant (Limited) means a Restaurant with a gross floor area of less than 2,400 square feet and that does not have live entertainment or dancing.

 

 

 

 

 

 

P

P

P

P

A

P

C

 

A

P

 

 

P

P

 

P

A.56

Restaurant (General) means a Restaurant with a gross floor area of 2,400 square feet or more or one that has live entertainment or dancing. (Ord. 32/November 23, 2005)

 

 

 

 

 

 

S

S

S

P

 

P

C

 

S

P

 

 

S

P

 

P

A.57

Section 2.                      The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, is hereby amended at Chapter 911, Section 911.04, Use Standards, as follows:

 

911.04.A.54  Restaurant, Fast Food (Limited) [Reserved]

(a)In LNC, NDI, UI, UNC, RIV and EMI Districts

Restaurant, Fast Food (Limited) uses shall be subject to the following standards in LNC, NDI, UI and UNC Districts:

(1)Sufficient trash receptacles shall be provided within and outside of the primary structures to accommodate waste from the facility;

(2)The entrances, parking, and circulation patterns of the facility shall be located and designed so as to minimize the disruption of pedestrian patterns in the district; and

(3)The proposed use shall be subject to the Site Plan Review procedures of Sec. 922.04.

(b)In GI Districts

Restaurant, Fast Food (Limited) uses shall be subject to the following standards in GI Districts:

(1)Off street parking, loading and hours of operation shall be conducted in a manner that does not interfere with any industrial operations in the vicinity.

(c)In P District

Restaurant, Fast Food (Limited) uses shall be subject to the following standards in the P District:

(1)The use shall be located in a building existing on February 26, 1999;

(2)Parking for the use shall not be provided;

(3)The Approving Body shall determine that such use will not create detrimental impacts on the surrounding properties, taking into consideration the probable generation of traffic and the location of the use; and

(4)All facilities shall be designed to be compatible with the surrounding landscape, such that the minimum possible grading will be required and the minimum disturbance and removal of existing vegetation will be required.

911.04.A.55  Restaurant, Fast Food (General)

(a)In HC and GI Districts

Restaurant, Fast Food (General) uses shall be subject to the following standards in the GI District:

(1)                     The Applicant shall provide a transportation impact study, based on an approved transportation scoping form, prepared by a qualified transportation engineer, for review and approval by the Department of Mobility and Infrastructure. The applicant shall implement any required mitigation from the detrimental impacts of the drive through use, as determined in the approved transportation impact study.

(2)                     The Zoning Board of Adjustment shall determine that such use will not create detrimental impact on surrounding properties, taking into consideration transportation-related impacts, and the physical relationship of the proposed use and structure to the surrounding businesses and uses.

 

(1)Off street parking, loading and hours of operation shall be conducted in a manner that does not interfere with any industrial operations in the vicinity; and

(2)The Approving Body shall determine that such use will not create detrimental impacts on the surrounding properties, taking into consideration the probable traffic generation, parking needs, and hours of operation.

(b)In UNC and RIV Districts

Restaurants, Fast Food (General) uses shall be subject to the following standards in UNC Districts:

(1)The drive-through facility shall be designed to minimize disruptions to pedestrian movements, and shall provide for safe sight distances; and

(2)The Approving Body shall determine that such use will not create detrimental impacts on the surrounding properties, taking into consideration the probable traffic generation, noise, hours of operation and glaring light.

(c)In the UI District

Restaurant, Fast Food (General) uses shall be subject to the following standards in the UI District:

(1)Sufficient trash receptacles shall be provided within and outside of the primary structures to accommodate waste from the facility;

(2)The entrances, parking and circulation patterns of the facility shall be designed so as to minimize the disruption of pedestrian patterns in the district;

(3)The vehicular entrance and approach to the drive-up window and/or drive-through use shall be clearly delineated by markings, striping and/or signage as determined necessary by the Zoning Administrator; and

(4)The proposed use shall be subject to the Site Plan Review procedures of Sec. 922.04.

 

Section 3.                      The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, is hereby supplemented at Chapter 912, Section 912.04, Accessory Use and Structure Development and Operational Standards, as follows:

 

(912.04.K and L to be added in ZBA-research amendments)

 

912.04.M Drive-Through Uses

1.                     Drive-through uses shall be permitted by-right in the HC, Highway Commercial Zoning District, and subject to the following standards:

a.                     The Applicant shall provide a transportation impact study, based on an approved transportation scoping form, prepared by a qualified transportation engineer, for review and approval by the Department of Mobility and Infrastructure. The applicant shall implement any required mitigation from the detrimental impacts of the drive through use, as determined in the approved transportation impact study.

2.                     Drive-through uses shall be permitted as a Special Exception in the GI, General Industrial Zoning District, and subject to the following standards:

a.                     The Applicant shall provide a transportation impact study, based on an approved transportation scoping form, prepared by a qualified transportation engineer, for review and approval by the Department of Mobility and Infrastructure. The applicant shall implement any required mitigation from the detrimental impacts of the drive through use, as determined in the approved transportation impact study.

b.                     The Zoning Board of Adjustment shall determine that such use will not create detrimental impact on surrounding properties, taking into consideration transportation-related impacts, and the physical relationship of the proposed use and structure to the surrounding businesses and uses.

Section 4.                      The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, is hereby amended at Chapter 913, Section 913.03, Special Exceptions, as follows:

 

913.03.F  Drive-Up Windows and Drive-Through Uses [Reserved]

Drive-up windows and drive-through uses shall be allowed by Special Exception in the LNC, NDI and UNC Districts in accordance with the Review Procedures of Section 922.07. The following standards shall apply:

(1)The drive-up window and/or drive-through use shall not require an additional curb-cut in the pedestrian right-of-way;

(2)The vehicular entrance and approach to the drive-up window and/or drive-through use shall be clearly delineated by markings, striping and/or signage as determined necessary by the Zoning Board of Adjustment;

(3)The drive-up window and/or drive-through use shall be clearly incidental to a primary use; and

(4)The Zoning Board of Adjustment shall determine that such use will not create detrimental impact on surrounding properties, taking into consideration probable traffic generation, the physical relationship of the proposed use and structure to surrounding uses and structures, the probable hours of operations, and the impacts of traffic generation on surrounding residential and commercial uses.

 

 

Section 4.                      The Pittsburgh Code, Title Nine, Zoning Code, Article VI, Development Standards, is hereby amended at Chapter 914, Section 914.02, Off-Street Parking Schedules, as follows:

 

914.02. Off-Street Parking Schedules.

914.02.A Schedule A

Off-street parking spaces shall be provided in accordance with the minimum and maximum standards included in Parking Schedule A. In lieu of complying with the standards of Parking Schedule A, an applicant may request approval of an Alternative Access and Parking Plan, pursuant to Sec. 914.07. The Zoning Administrator may require an Alternative Access and Parking Plan to be submitted for uses allowed in residential district. The parking schedule in this section shall not apply to the Bicycle Parking Requirement of Section 914.05.D.

Use Type

Minimum Off-Street  Automobile Spaces   Required

Maximum Off-Street  Automobile Spaces   Allowed

Residential Uses

Single-Unit, Detached

1 per unit

4 per unit

Single-Unit Attached

1 per unit

4 per unit

Two-Unit

1 per unit

2 per unit

Three-Unit

1 per unit

2 per unit

Multi-Unit

1 per unit

2 per unit

Group Residential

1 per 4 residents

No maximum

Housing for the Elderly

Parking Demand Analysis Required, see Sec. 914.02.B

Non-Residential Uses

Adult Entertainment

1 per 500 s.f. above first 2,400 s.f.

1 per 150 s.f.

Amusement Arcade

1 per 500 s.f. above first 2,400 s.f.

1 per 150 s.f.

Animal Care

1 per 400 s.f. above first 2,400 s.f.

 

Art or Music Studio

1 per 800 s.f.

1 per 300 s.f.

Assembly, Public

Parking Demand Analysis Required, See Sec. 914.02.B

Bank or Financial Institution

1 per 500 s.f. above first 2,400 s.f.

1 per 300 s.f.

Bed and Breakfast

See Bed and Breakfast Regulations, Sec. 911.04.A.7-9

Basic Industry

Parking Demand Analysis Required, see Sec. 914.02.B

Car Wash

4 queuing spaces per bay for automatic wash; 2 queuing spaces per bay for self-service

 

Cemetery

Parking Demand Analysis Required, see Sec. 914.02.B

Check Cashing

1 per 500 s.f. above first 2,400 s.f.

1 per 175 s.f.

Child Care

1 per 800 s.f.

1 per 400 s.f.

Club

One (stall) per 125 square feet above the first 2,400 square feet

 

Community Center

1 per 500 s.f.

1 per 200 s.f.

Correctional Facility

Parking Demand Analysis Required, see Sec. 914.02.B

Cultural Services

1 per 800 s.f.

1 per 300 s.f.

Educational Institution not otherwise listed

1 per 800 s.f.

1 per 300 s.f.

Freight Terminal

Parking Demand Analysis Required, see Sec. 914.02.B

Funeral Home

4 per viewing room

 

Gaming Enterprise

Parking Demand Analysis required, see 914.02.B

Golf Course

2 spaces per hole, plus 1 space per 800 s.f. in clubhouse

4 per unit

Grocery Store, up to 10,000 s.f.

1 per 500 s.f. above first 2,400 s.f.

1 per 200 s.f.

Grocery Store, over 10,000 s.f.

1 per 150 s.f.

1 per 100 s.f.

Hazardous Operations

Parking Demand Analysis Required, see Sec. 914.02.B

Heliport, Helistop, Helipad

1 per 1,000 s.f. of operational area

 

Hospital

Parking Demand Analysis Required, see Sec. 914.02.B

Incinerator, Solid Waste

Parking Demand Analysis Required, see Sec. 914.02.B

Institutional Facility not otherwise listed

1 per 800 s.f.

1 per 300 s.f.

Laboratory/Research Service

1 per 500 s.f. above first 2,400 s.f.

1 per 200 s.f.

Laundry Service

Parking Demand Analysis Required, see Sec. 914.02.B

Library

1 per 600 s.f.

1 per 200 s.f.

Manufacturing and Assembly

Parking Demand Analysis Required, see Sec. 914.02.B

Medical Office

1 per 400 s.f. above first 2,400 s.f.

 

Office

1 per 500 s.f. above first 2,400 s.f.

 

Parks and Recreation

Parking Demand Analysis Required, see Sec. 914.02.B

Pawn Shop

1 per 500 s.f. above first 2,400 s.f.

1 per 175 s.f.

Post Office

Parking Demand Analysis Required, see Sec. 914.02.B

Recreation/Entertainment, Outdoor

Parking Demand Analysis Required, see Sec. 914.02.B

Recreation/Entertainment, Indoor

1 per 500 s.f. above first 2,400 s.f. or 1 per 5 seats, whichever is greater

Recycling Processing Center

Parking Demand Analysis Required, see Sec. 914.02.B

Religious Assembly

1 per 5 seats

 

Restaurant, Fast Food

1 per 75 500 s.f. of customer service/dining area or 1 per 200 s.f. if no customer service area, plus 6 queuing spaces per service window

1 per 175 s.f.

Restaurant

1 per 125 500 s.f. above first 2,400 s.f.

1 per 75 175 s.f.

Retail Sales and Services

1 per 500 s.f. above first 2,400 s.f.

1 per 175 s.f.

Safety Service

Parking Demand Analysis Required, see Sec. 914.02.B

Salvage Yard

1 per 1,000 s.f. above first 2,400 s.f., plus 1 per 10,000 s.f. of lot

 

School, Elementary or Secondary

Parking Demand Analysis Required, see Sec. 914.02.B

Service Station

2 per service bay

 

Transit Facility

Parking Demand Analysis Required, see Sec. 914.02.B

Utility, Public

Parking Demand Analysis Required, see Sec. 914.02.B

Vehicle/Equipment Repair

2 per service bay

 

Vehicle/Equipment Sales

Parking Demand Analysis Required, see Sec. 914.02.B

Vocational or Trade School

1 per 500 s.f.

 

Warehouse

Parking Demand Analysis Required, see Sec. 914.02.B

Warehouse, Residential Storage

1 space, plus 1 per service bay

Welding or Machine Shop

Parking Demand Analysis Required, see Sec. 914.02.B