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File #: 2022-0223    Version: 1
Type: Ordinance Status: Held In Council
File created: 3/25/2022 In control: Committee on Land Use and Economic Development
On agenda: 3/29/2022 Final action:
Enactment date: Enactment #:
Effective date:    
Title: Ordinance amending the Pittsburgh Code, Title Nine, Zoning Code, Article IV, Planning Districts, 908 Public Realm Districts and 909.01 Specially Planned Districts and Article V, Use Regulations, Chapter 911, Primary Uses, Section 911.02, Use Table, and Section 911.04, Use Standards, to remove the review of Sidewalk Cafes from the Zoning Code. (Public Hearing held 5/24/22)
Indexes: PGH. CODE ORDINANCES TITLE 09 - ZONING
Attachments: 1. 2022-0223 Cover Letter-City Council Cover Letter Sidewalk Cafe Ordinance, 2. 2022-0223 -Sidewalk Cafe Staff Report, 3. Summary 2022-0223

Title

Ordinance amending the Pittsburgh Code, Title Nine, Zoning Code, Article IV, Planning Districts, 908 Public Realm Districts and 909.01 Specially Planned Districts and Article V, Use Regulations, Chapter 911, Primary Uses, Section 911.02, Use Table, and Section 911.04, Use Standards, to remove the review of Sidewalk Cafes from the Zoning Code.

(Public Hearing held 5/24/22)

 

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 908, Section 908.03, Oakland Public Realm, as follows:

 

908.03. Oakland Public Realm District.

 

908.03.A General Boundaries

 

Specific boundaries of the Oakland Public Realm District are mapped on the City's Zoning District Map.

 

908.03.B Objective

 

Oakland is a place of unusual density and concentrated public activity due to the lively environment of highly mixed uses, monumental and grand civic buildings, and large educational and medical institutions. The intent of the Oakland Public Realm District (OPR) is to provide regulations for the development and growth of Oakland in an effort to preserve the mixed use nature of the community while enhancing the sense of place within Oakland's public areas. The Oakland Improvement Strategy, A Comprehensive Strategy for the Development, Improvement and Zoning of Oakland's Public Corridors, Housing and Commercial Areas, identified the need to create zoning standards reflective of the vast areas of Oakland used and seen by the general public. Four (4) sub-districts have been designed to accentuate the positive attributes of each area, and to protect and enhance the fine qualities of Oakland.

Specifically, the intent of the Oakland Public Realm District is:

To enact and implement new zoning districts to enhance and protect Oakland's special character;

To protect the character of less intensive uses from impacts of more intensive uses;

To provide a guide to non-residential and residential development in order to encourage growth that will be both pedestrian friendly and compatible with the existing neighborhood; and

To encourage mixed use development that allows non-residential and residential uses to co-exist without conflict.

908.03.C General Provisions

The provisions of this section shall apply to the entire Oakland Public Realm District unless otherwise noted hereunder.

908.03.C.1 Use

Permitted uses shall be those listed in each subdistrict below.

908.03.C.2 Development Standards

Site Development Standards are listed in each subdistrict below.

The Residential Compatibility Standards of Chapter 916 shall impose additional height and setback standards on new High Density and Very High Density Residential and nonresidential development abutting Residential and H Districts.

The Environmental Performance Standards of Chapter 915 shall impose additional restrictions on site development.

New development shall be allowed to use Contextual Setbacks and Contextual Building Heights in accordance with the provisions of Sec. 925.06 and Sec. 925.07.

908.03.D Oakland Public Realm Subdistricts

908.03.D.1 Oakland Subdistrict A/OPR-A: Atwood Street District

(a)Purpose

To encourage limited retail and restaurant uses in the ground floors of residential-like structures.

To maintain the existing residential scale and character of the street in order to address potential impacts of commercial development in a residential area.

(b)Permitted Uses

The following uses shall be permitted by-right in the OPR-A Subdistrict.

Single-unit detached residential

Single-unit attached residential

Two-unit residential

Art or Music Studio

Medical Office (limited)

Restaurant, Fast Food (limited)

Restaurant (limited)

Retail Sales and Services (limited)

Sidewalk Cafe

Accessory uses shall be allowed in accordance with the Accessory Use regulations of Chapter 912.

(c)Site Development Standards

Site Development Standard

OPR-A Regulation

Minimum Lot Size

None

Maximum Floor Area Ratio

3:1

Minimum Front Setback

0 feet

Minimum Rear Setback  When not adjacent to way  When adjacent to way

  20 feet  0 feet

Minimum Interior Sideyard Setback

0 feet

Minimum Street Sideyard Setback

5 feet

Maximum Lot Coverage

80%

Maximum Height

40 feet

 

(d)Specific Project Development Plan Standards

No parking shall be permitted in the front yard; interior garages on the front facade are not permitted. Accessory detached garages are permitted only in the rear yard.

New construction shall maintain a sixty-five (65) percent building frontage along the established build-to-line.

The design of any structure used for non-residential purposes that does not occupy a structure originally designed as a residence shall be residential in character. The building design may employ sloped roofs, gables, porches, double-hung windows, and other elements associated with residential structures.

Entrances to first floor uses shall provide a prominent and highly visible street level doorway or entrance on the facade of the building that fronts onto Atwood Street.

(e)Use Exceptions

Use exceptions are the same as those for the Neighborhood Office/NDO district as listed in the Use Table in Chapter 911.02.

908.03.D.2 Oakland Subdistrict B/OPR-B: Craig Street

(a)Purpose

To encourage retail and restaurant uses in the ground floors of buildings.

To encourage a variety of residential and office-like uses on the upper floors of buildings.

(b)Permitted Uses

The following uses shall be permitted by-right in the OPR-B Subdistrict:

Two-unit residential

Three-unit residential

Multi-unit residential

Art or Music Studio

Bank or Financial Institution (limited)

Bed and Breakfast (limited)

Community Center (limited)

Cultural Services (limited)

Library (limited and general)

Medical Office (limited and general)

Office (limited and general)

Religious Assembly (limited)

Restaurant, Fast Food (limited)

Restaurant (limited)

Retail Sales and Services (limited)

Sidewalk Cafe

Accessory uses in accordance with the Accessory Use regulations of Chapter 912. In addition, accessory uses in the uses in the OPR-B Subdistrict shall not exceed twenty-five (25) percent of the gross floor area of the primary use.

(c)Site Development Standards

Site Development Standard

OPR-B Regulation

Minimum Lot Size

None

Maximum Floor Area Ratio

4:1

Minimum Front Setback

0 feet

Minimum Rear Setback  When not adjacent to way  When adjacent to way

  20 feet  0 feet

Minimum Interior Sideyard Setback

0 feet

Minimum Street Sideyard Setback

0 feet

Maximum Lot Coverage

90%

Maximum Height

60 feet  (see Section 908.03.D.2.f for Special Exception for additional height)

 

(d)Specific Project Development Plan Standards

No accessory surface parking will be permitted without the applicant providing the alternatives considered and the reasons why those alternatives were not determined to be acceptable by the applicant.

New construction shall maintain a sixty-five (65) percent building frontage along the established build-to-line.

The street level facade shall be transparent between the height of three (3) feet and eight (8) feet above the walkway grade for no less than sixty (60) percent of the horizontal length of the building facade.

All primary structures shall provide a prominent and highly visible street level doorway or entrance on the facade of the building that fronts onto Craig Street.

(e)Use Exceptions

Use exceptions are the same as those for the Local Neighborhood Commercial/LNC district as listed in the Use Table in Chapter 911.02.

(f)Special Exception for Height in the OPR-B Subdistrict

Additional height above sixty (60) feet in the Oakland Public Realm Subdistrict B shall be allowed in accordance with the Special Exception procedures of Section 922.07 with the following standards:

The maximum height shall be eighty-five (85) feet;

The additional height will not create detrimental impacts on nearby properties through consideration of the additional traffic impacts caused by the additional height, the impacts on views from such properties, and the impacts of the bulk of the buildings on such properties.

908.03.D.3 Oakland Subdistrict C/OPR-C: Fifth & Forbes District

(a)Purpose

To provide a district where an intensive concentration of mixed uses that accommodate office, retail, housing, institutional, classrooms, and student housing of all types.

To encourage continuous retail business frontage at street or similar pedestrian level, with additional retail, office, classrooms, institutional, and residential uses as the primary uses of upper stories of buildings.

To encourage private development which creates a vibrant and attractive pedestrian environment along the public streets.

(b)Permitted Uses

The following uses shall be permitted by-right in the OPR-C Subdistrict:

Multi-unit Residential

Art or Music Studio

Bank or Financial Institution (limited and general)

Bed and Breakfast (limited and general)

Child Care (limited and general)

Community Center (limited and general)

Cultural Services (limited and general)

Grocery Store (limited)

Hotel/Motel (limited and general)

Laboratory/Research Services (limited and general)

Library (limited and general)

Medical Office (limited and general)

Office (limited and general)

Parking Structure (limited and general)

Religious Assembly (limited and general)

Restaurant, Fast Food (limited)

Restaurant (limited and general)

Retail Sales and Services (limited and general)

Sidewalk Cafe

Vocational School (limited)

Accessory uses in accordance with the Accessory Use regulations of Chapter 912. In addition, accessory uses in the OPR-C Subdistrict shall not exceed twenty-five (25) percent of the gross floor area of the primary use.

(c)Site Development Standards

Site Development Standard

OPR-C Regulation

Minimum Lot Size

None

Maximum Floor Area Ratio

6:1  (see Section 908.03.D.3.g for Special Exception for additional floor area)

Minimum Front Setback

0 feet

Minimum Rear Setback  When not adjacent to way  When adjacent to way

  20 feet  0 feet

Minimum Interior Sideyard Setback

0 feet

Minimum Street Sideyard Setback

0 feet

Maximum Lot Coverage

90%

Maximum Height

85 feet  (see Section 908.03.D.3.f for Special Exception for additional height)

 

(d)Specific Project Development Plan Standards

No accessory surface parking will be permitted without the applicant providing the alternatives considered and the reasons why those alternatives were not determined to be acceptable by the applicant.

New construction shall maintain eight-five (85) percent building frontage along the established build-to-line.

The street level facade shall be transparent between the height of three (3) feet and eight (8) feet above the walkway grade for o less than sixty (60) percent of the horizontal length of the building facade.

Ground-floor retail or commercial space shall be provided along the entire building frontage along Forbes and Fifth Avenues.

All primary structures shall provide a prominent and highly visible street level doorway or entrance on the facades of the building which front onto either Fifth Avenue, Forbes Avenue or cross streets.

Continuous pedestrian sidewalks shall be provided along the main facade of building that front onto Forbes Avenue and Fifth Avenue.

(e)Use Exceptions

Use exceptions are the same as those for the Urban Neighborhood Commercial/UNC district as listed in the Use Table in Chapter 911.02.

(f)Special Exception for Height in the OPR-C Subdistrict

Additional height above eighty-five (85) feet in the Oakland Public Realm Subdistrict C shall be allowed in accordance with the Special Exception procedures of Section 922.07 with the following standards:

The building shall have frontage along Fifth Avenue;

The maximum height shall be one hundred twenty (120) feet, measured from Fifth Avenue;

The additional height will not create detrimental impacts on nearby residential properties through consideration of the additional traffic impacts caused by the additional height, the impacts on views from such residential properties, and the impacts of the bulk of the buildings on such residential properties.

(g)Special Exception for FAR in the OPR-C Subdistrict

Additional FAR allowance in the Oakland Public Realm Subdistrict C shall be allowed in accordance with the Special Exception procedures of Section 922.07 with the following standards:

The maximum FAR for structures that contain residential dwelling units shall be 7.5, provided that the total amount of residential floor area equals or exceeds twice the amount of bonus floor area;

The additional density will not create detrimental impacts through consideration of the additional traffic impacts caused by the additional density and the impacts of the bulk of the buildings on such residential properties.

908.03.D.4 Oakland Subdistrict D/OPR-D: Boulevard of the Allies

(a)Purpose

To encourage the redevelopment of the Boulevard of the Allies as a grand boulevard and an entrance to Oakland and Schenley Park as well as an attractive connection to Downtown.

To create consistency in scale, size and design of buildings on the Boulevard of the Allies in order to reflect the desire to create an urban boulevard.

To address the need for an alternative and safe pedestrian environment which promotes strong connections between neighborhoods on both sides of the street.

(b)Permitted Uses

The following uses shall be permitted by-right in the OPR-D Subdistrict:

Single-unit attached residential

Two-unit residential

Three-unit residential

Multi-unit residential

Housing for the Elderly (limited)

Animal Care (limited)

Art or Music Studio

Bank or Financial Institution (limited and general)

Bed and Breakfast (limited and general)

Child Care (limited and general)

Community Center (limited and general)

Cultural Services (limited and general)

Grocery Store (limited and general)

Hotel/motel (limited and general)

Laboratory / Research Services (limited and general)

Library (limited and general)

Medical Office (limited and general)

Nursery (limited)

Office (limited and general)

Parking Structure (limited and general)

Parks and Recreation, Indoor (limited)

Parks and Recreation, Outdoor (limited)

Religious Assembly (limited and general)

Restaurant, Fast Food (limited)

Restaurant (limited and general)

Retail Sales and Services (limited and general)

Safety Service

Sidewalk Cafe

Vocational School (limited)

Accessory uses in accordance with the Accessory Use regulations of Chapter 912. In addition, accessory uses in the OPR-D Subdistrict shall not exceed twenty-five (25) percent of the gross floor area of the primary use.

(c)Site Development Standards

Site Development Standard

OPR-D Regulation

Minimum Lot Size

None

Maximum Floor Area Ratio  When not located within 1,500 ft. of a Major Transit Facility  When located within 1,500 ft. of a Major Transit Facility

  4:1      5:1

Maximum Lot Coverage

80%

Minimum Front Setback

20 feet

Minimum Rear Setback  When not adjacent to way  When adjacent to way

  20 feet  0 feet

Minimum Sideyard Setback

0 feet

Maximum Height

60 feet  (see Section 908.03.D.4.f for Special Exception for additional height)

 

(d)Specific Project Development Plan Standards

Any parking area adjacent to the Boulevard of the Allies must be adequately screened from view with decorative fencing or landscaping.

New construction shall maintain a fifty (50) percent building frontage along the established build-to-line.

Varied building designs that avoid long, flat facades are required, and continuous linear strip developments are prohibited.

Each principal building on a site shall have a clearly defined, highly visible entrance. Main entrances to buildings should be emphasized using larger doors and framing devices such as deep overhangs, recesses, peaked roof forms, an arches. This entrance shall face the Boulevard of the Allies.

Sidewalks at least six (6) feet in width shall be provided along the Boulevard of the Allies, and at least one (1) continuous pedestrian walkway must be provided from the street to the principal building entrance.

Street trees are required along the entire site frontage along the Boulevard of the Allies according to standards outlined in Section 918: Landscaping & Screening Standards. Additional landscaping shall be in the required twenty-foot front setback with the purpose to screen buildings and parking areas; such landscaping shall be a considered in the Project Development Plan review process. Use of earthen berms, low walls, ornamental fences and other such screening types should be considered as components of the landscaping plan in the frontyard setback.

(e)Use Exceptions

Use exceptions are the same as those for the Urban Neighborhood Commercial/UNC district as listed in the Use Table in Chapter 911.02.

(f)Special Exception for Height in the OPR-D Subdistrict

Additional height above sixty (60) feet in the Oakland Public Realm Subdistrict D shall be allowed in accordance with the Special Exception procedures of Section 922.07 with the following standards:

The maximum height shall be eighty-five (85) feet;

The additional height will not create detrimental impacts on nearby properties through consideration of the additional traffic impacts caused by the additional height, the impacts on views from such properties, and the impacts of the bulk of the buildings on such properties.

 

Section 2.                      The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, is hereby amended at Chapter 908, Section 908.04, Uptown Public Realm, as follows:

908.04.A Definitions

1.Affordable Housing shall mean housing with a gross cost, including utilities, that does not exceed thirty (30) percent of the occupant's income.

2.Green Infrastructure shall mean systems and practices that use or mimic natural processes to infiltrate, evapotranspire, or reuse stormwater on the site where it is generated.

3.Regulated Activities shall include land operations, earth disturbances, or any activities that involve the alteration or development of land in a manner that may affect stormwater runoff.

908.04.B Objective

The Uptown Public Realm District (UPR) or "district" was created to provide regulations for the development and growth of Uptown as Pittsburgh's first EcoInnovation District. A special emphasis is placed on sustainability and economic development in the district. The regulations preserve the mixed-use nature of the community and encourage investment to increase the residential population and commercial activity.

Specifically, the intent of the Uptown Public Realm District is:

To implement the development vision of the Uptown / West Oakland EcoInnovation District Plan;

To allow denser development which better utilizes limited lands and supports a complete and healthy urban community;

To encourage innovative new buildings that are highly energy efficient, produce energy on-site or connect to efficient district energy systems, and/or capture and treat rainwater on-site using green infrastructure;

To provide Affordable Housing in the district; and

To encourage sustainable development through adaptive reuse of existing buildings to maintain the district's built heritage.

908.04.C General Provisions

The provisions of this section shall apply to the entire Uptown Public Realm District unless otherwise noted.

908.04.C.1 Use

Permitted uses shall be those listed in each subdistrict below.

908.04.C.2 Development Standards

a.All Project Development Plans within the district shall be subject to Design Review.

b.Project Development Plans that are filed for building demolitions not part of an application for new construction shall include a report, study, or statement of the property's future use that meets the review criteria of Section 922.10.E.2.

c.No surface parking, accessory or primary, shall be constructed with frontage on Fifth Avenue, Forbes Avenue, or Boulevard of the Allies. Surface parking in all other locations will only be permitted if the applicant provides the alternatives considered and demonstrates why those alternatives were not feasible.

d.Landscaping and screening standards (Chapter 918) shall apply to all Project Development Plans within the district. The exemption provisions of Section 918.01.B.2 shall not apply in the Uptown Public Realm District, and off-street parking areas shall be subject to all screening and landscaping standards of Chapter 918.

e.Structured parking must be designed to allow for conversion to other uses or the applicant must provide analysis that clearly demonstrates this requirement cannot be met including engineering diagrams and/or other schematics.

f.No building wall adjacent to a street shall contain a non-articulated condition greater than fifty (50) linear feet in length. Building wall articulation shall be achieved through changes in the facade depth no smaller than six (6) inches.

g.Street level facades fronting on Fifth Avenue and Forbes Avenue or primary building frontages on any other street shall be transparent between the height of three (3) feet and eight (8) feet above the walkway grade for no less than sixty (60) percent of the horizontal length of the building facade.

h.Active uses shall be provided along the ground floor of the building frontage along Fifth Avenue and Forbes Avenue or primary building frontages on any other street. Active uses include residential, retail, office, lobbies, and bike facilities.

i.All primary structures shall provide a prominent and highly visible street level doorway or entrance on the facades of the building that front onto Fifth Avenue or Forbes Avenue.

j.Continuous pedestrian sidewalks at least ten (10) feet wide shall be provided along the facades of the building that front onto streets inclusive of obstructions including street furniture, tree pits, and Green Infrastructure. A clear path exclusive of obstructions of at least five (5) feet shall be provided. If the sidewalk does not have ten (10) feet of width available in the public right-of-way as determined by the City, the additional width must be provided on the development parcel.

k.All new buildings with a gross floor area greater than ten thousand (10,000) square feet or building additions with a gross floor area greater than five thousand (5,000) square feet shall undergo a green building advisory consultation coordinated by the City of Pittsburgh.

l.Stormwater standards (Chapter 1003 and Title Thirteen: Stormwater Management) shall apply to all Project Development Plans with Regulated Activities equal to or greater than five thousand (5,000) square feet in area.

908.04.C.3 Bonus Goals and Points

New buildings and renovations in this district can utilize the bonus system of Section 915.07. The list below identifies the bonus options available to projects in this district and any modifications to the points earned. Points earned by satisfying the bonus goals can be utilized in this district to achieve the bonus height as identified in Section 908.04.C.4. Points are not transferrable to other development projects.

a.On-site energy consumption - New construction: Section 915.07.D.1.a-1.c.; points as listed.

b.On-site energy consumption - Existing buildings: Section 915.07.D.2.a-2.c.; points modified as follows: 2.a is two points, 2.b is three points and 2.c is four points.

c.On-site energy generation: Section 915.07.D.3.a-3.c.; points as listed.

d.Affordable housing: Section 915.07.D.4.a-4.c.; points modified as follows: 4.c is four points; 4.d is six points.

e.Rainwater: Section 915.07.D.5; points as listed.

f.Building Reuse: Section 915.07.D.5; points as listed.

908.04.C.4 Bonus Height

New buildings and renovations in this district can exceed the maximum heights permitted without bonuses in each subdistrict by using the Performance Points System. Each point equates to fifteen (15) feet of additional building height. Maximum heights with bonuses are regulated for each subdistrict.

Bonus height earned through the Performance Points System may not be applied in addition to any other height or FAR bonus or exception. These bonuses may not be applied in addition to any additional height or FAR variances or special exceptions granted by the Zoning Board of Adjustment.

908.04.C.5 Off-Street Parking

Off-street parking spaces shall be provided in accordance with the minimum and maximum standards below. Where application of the standard results in a fraction of a space, the number of spaces allowed shall be calculated by rounding the number of spaces allowed down to the nearest full space when the fraction is less than 0.5 spaces and rounding up to the next full space when the fraction is equal to or greater than 0.5 spaces. 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

Exempted in accordance  with Section 914.04. - Off-  Street Parking  Exemption/Reduction  Areas

0.9 per unit

Commercial Uses  Includes all permitted non-residential uses other than Manufacturing and Assembly, Welding or Machine Shop

 

1 per 1,000 s.f.

Industrial Uses  Includes Manufacturing and Assembly, Welding or Machine Shop

 

Parking Demand Analysis Required, see Section 914.02.B

 

908.04.D Uptown Public Realm Subdistricts

908.04.D.1 Uptown Subdistrict A/UPR-A: Mixed-Use Urban Core

a.Purpose

To encourage mixed-use buildings with office, retail and restaurant uses in the ground floors of residential- and office-like structures;

To increase the scale and density of the subdistrict to allow for more employment and housing; and

To encourage adaptive reuse of existing buildings and/or the incorporation of existing buildings into new development projects.

b.Uses

Uses are the same as those found in Chapter 903 for the GT, Golden Triangle District, except where modified below.

Permitted By Right:

Housing for the Elderly (Limited)

Housing for the Elderly (General)

Outdoor Retail Sales and Service [Non-Accessory Use]

Sidewalk Cafe

Not permitted:

Adult Entertainment

Correctional Facility (Limited)

Correctional Facility (General)

Excavation/Grading/Fill, Major

Firearms Business Establishment

Gaming Enterprise

Special Exceptions:

Funeral Home

Incinerator, Solid Waste

Laundry Service

Manufacturing and Assembly (Limited)

Manufacturing and Assembly (General)

Parking, Structured (General)

Recycling Processing Center

Welding or Machine Shop

Administrator Exception:

New and Unlisted Uses

In accordance with Section 922.08, the Zoning Administrator shall consider New and Unlisted Uses consistent with the Uptown/West Oakland EcoInnovation District Plan, as adopted by Planning Commission.

Accessory uses shall be allowed in accordance with the Accessory Use regulations of Chapter 912.

c.Conditions of approval for Special Exceptions

Parking, Structured (General) uses shall not be permitted unless at least three (3) of the following site features are included:

On-site renewable energy generation;

Combined heat and power with battery storage;

Connection to district energy system;

Connection to smart/micro-energy grid;

Secured bike storage;

Bike share station;

Electric vehicle charging for 10% of spaces;

Green infrastructure that mitigates stormwater runoff from the right-of-way and is in accordance with all requirements of Title Thirteen: Stormwater Management, as applicable;

Air or other environmental quality monitors;

Neighborhood scale recycling collection station; and

Neighborhood scale compost station.

d.Site Development Standards

Site Development Standard

UPR-A Regulation

Minimum Lot Size

None

Minimum Height

30 feet

Maximum Height without Bonus

60 feet

Maximum Height with Bonus

180 feet

Minimum Interior Sideyard Setbacks

0 feet

Minimum Front and Exterior Sideyard Setbacks

 

First 50 feet from ground level

0 feet

51-90 feet from ground level

10 feet

91-120 feet from ground level

15 feet

121-180 feet from ground level

25 feet

  Heights are measured from grade on primary frontage.

 

Minimum Rear Setback

 

When not adjacent to way, Tustin Street or Watson Street

20 feet

When adjacent to way, Tustin Street or Watson Street

0 feet

 

e.Specific Project Development Plan Standards

(1)All new construction and/or enlargements shall maintain an eighty-five (85) percent building frontage along the established build-to line on the primary frontage except where determined by the minimum front and side setbacks for the subdistrict.

(2)All new buildings greater than ten thousand (10,000) square feet or building additions greater than five thousand (5,000) square feet shall join the Pittsburgh 2030 District.

908.04.D.2 Uptown Subdistrict B/UPR-B: Residential Core

a.Purpose

To encourage a diverse range of residential use types;

To encourage appropriately scaled infill development; and

To encourage creative/industrial and live/work uses.

b.Uses

Uses are the same as those found in Chapter 903 for the LNC, Local Neighborhood Commercial District, except where modified below.

Permitted By Right:

Housing for the Elderly (Limited)

Housing for the Elderly (General)

Grocery Store (General)

Laboratory/Research Services (General)

Office (General)

Recycling Collection Station

Restaurant (General)

Retail Sales and Services (General)

Sidewalk Cafe

Not permitted:

Controlled Substance Dispensation Facility

Excavation/Grading/Fill, Major

Hotel/Motel (General)

Service Station

Vehicle/Equipment Sales (Limited)

Special Exceptions:

Agriculture (General)

Agriculture (Limited) with Beekeeping

Agriculture (Limited)

Hotel/Motel (Limited)

Manufacturing and Assembly (Limited)

Manufacturing and Assembly (General)

Nursery, Retail (Limited)

Nursery, Retail (General)

Parking, Structured (General)

Incinerator, Solid Waste

Recycling Processing Center

Warehouse (Limited)

Welding or Machine Shop

Administrator Exception:

New and Unlisted Uses

In accordance with 922.08, the Zoning Administrator shall consider New and Unlisted Uses consistent with the Uptown / West Oakland EcoInnovation District Plan, as adopted by Planning Commission.

Accessory uses shall be allowed in accordance with the Accessory Use regulations of Chapter 912.

c.Conditions of approval for Special Exceptions

Parking, Structured (General) uses shall not be permitted unless at least three (3) of the following site features are included:

On-site renewable energy generation;

Combined heat and power with battery storage;

Connection to district energy system;

Connection to smart/micro-energy grid;

Secured bike storage;

Bike share station;

Electric vehicle charging for 10% of spaces;

Green infrastructure that mitigates stormwater runoff from the right-of-way and is in accordance with all requirements of Title Thirteen: Stormwater Management, as applicable;

Air or other environmental quality monitors;

Neighborhood scale recycling collection station; and

Neighborhood scale compost station.

d.Site Development Standards

Site Development Standard

UPR-B Regulation

Minimum Lot Size

None

Minimum Height

20 feet

Maximum Height without Bonus

40 feet

Maximum Height with Bonus

70 feet

Minimum Interior Sideyard Setbacks

0 feet

Minimum Front and Exterior Sideyard Setbacks

 

First 40 feet from ground level

0 feet

41-70 feet from ground level

10 feet

  Heights are measured from grade on primary frontage.

 

Minimum Rear Setback

 

When not adjacent to way, Tustin Street or Watson Street

20 feet

When adjacent to way, Tustin Street or Watson Street

0 feet

 

 

 

Section 4.                      The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, is hereby amended at Chapter 909, Section 909.01.I SP-4 Station Square, as follows:

 

909.01.I SP-4 Station Square

The provisions of this section apply to all land within the SP-4 District, which is generally bounded by the most easterly property line of Block and Lot 4-D-45, Carson Street on the south, a line approximately one thousand nine hundred (1,900) feet west of the Fort Pitt Bridge on the west, and the Monongahela River on the north.

909.01.I.1 SP-4 (I), Park/Landing Subdistrict

The SP-4(I) subdistrict is generally bounded by the Fort Pitt Bridge, the Monongahela River, Commerce Drive, and West Carson Street.

(a)Use Regulations

Within the SP-4(I) subdistrict, land and structures may be used, and structures may be erected, altered, demolished or enlarged for only the following uses:

(1)Multiple-unit dwellings;

(2)Restaurants, including those with entertainment;

(3)Office;

(4)Institutional, limited to museum, exhibition, and library;

(5)Hotels;

(6)Theaters;

(7)Major parking area or major parking garage;

(8)Child day care center;

(9)Retail uses within buildings where such services are not the principal use, and only when located within a structure housing a permitted principal use;

(10)Transportation right-of-way, roadway and trackage, including shelter and comfort stations incident to the use thereof;

(11)Accessory uses that are clearly incidental to permitted principal uses, and only when located within a structure housing a permitted principal use;

(12)Signs larger than twenty (20) square feet that are visible from the river or from across the river shall be neon and positioned so as to maximize reflection in the river.

(13)Gaming enterprise.

(b)Maximum Height

The height of structures hereafter erected or enlarged in the SP-4(I) subdistrict shall not exceed the following limits:

(1)Structures north of Station Square Road: Sixty (60) feet

(2)Structures south of Station Square Road: One hundred (100) feet

909.01.I.2 SP-4 (II), Pointview

The SP-4(II) subdistrict is generally bounded by the western boundary of the SP-4 District, the Monongahela River, the Fort Pitt Bridge, and West Carson Street.

(a)Use Regulations

Within the SP-4(II) subdistrict land may be used and structures may be erected, altered, demolished or enlarged for only the following uses:

(1)Multiple-unit dwellings;

(2)Restaurants, including those with entertainment;

(3)Office, when located within a structure existing on the date of this subsection, or in a new structure if limited to a structure not in excess of fifty thousand (50,000) gross square feet or sixty (60) feet in height;

(4)Hotel, when located within a structure existing on the date of this subsection;

(5)Institutional, limited to museum, exhibition, and library;

(6)Child day care center;

(7)Retail uses within buildings where such services are not the principal use, and only when located within a structure housing a permitted principal use;

(8)Transportation right-of-way, roadway and trackage, including shelter and comfort stations incident to the use thereof;

(9)Accessory uses that are clearly incidental to permitted principal uses, and only when located within a structure housing a permitted principal use; and

(10)Signs larger than twenty (20) square feet that are visible from the river or from across the river shall be neon and positioned so as to maximize reflection in the river.

(b)Maximum Height

The maximum height of structures hereafter erected or enlarged or used in the SP-4(II) subdistrict shall be as follows:

(1)Existing structures: One hundred ten (110) feet

(2)New structures: One hundred (100) feet

909.01.I.3 SP-4 (III), Historic Subdistrict

The SP-4(III) subdistrict is generally bounded by the Monongahela River, Smithfield Street, and West Carson Street.

(a)Use Regulations

Within the SP-4(III) subdistrict, land and structures may be used, and structures may be erected, altered, and enlarged for only the following uses:

(1)Multiple-unit dwellings;

(2)Restaurants, including those with entertainment;

(3)Office;

(4)Institutional, limited to museum, exhibition, and library;

(5)Hotels;

(6)Retail sales, including personal service;

(7)Theaters;

(8)Child day care center;

(9)Accessory uses that are clearly incidental to permitted principal uses, and only when located within a structure housing a permitted principal use;

(10)Signs larger than twenty (20) square feet visible from the river or from across the river shall be neon and positioned so as to maximize reflection in the river; and

(11)Gaming enterprise.

(b)Maximum Height

The maximum height of structures hereafter erected or enlarged or used in the SP-4 (III) subdistrict shall not exceed one hundred twenty-five (125) feet (not to exceed ten (10) stories). Height for Residential and Hotel/Motel uses shall not exceed one hundred seventy-five (175) feet and twenty (20) stories. Additional height for Residential and Hotel/Motel uses may be allowed by the Planning Commission provided that the height of such use or uses shall not exceed two hundred seventy-five (275) feet and twenty-five (25) stories and that the building is oriented perpendicularly to the Monongahela and Ohio Rivers.

909.01.I.4 SP-4(IV), East Station Square Subdistrict

The SP-4(IV) East Station Square subdistrict is generally bounded by Smithfield Street, E. Carson Street, the easterly line of Block and Lot 4-D-45 and the Monongahela River.

(a)Use Regulations

Within the SP-4(IV) subdistrict, land and structures may be used, and structures may be erected, altered, demolished or enlarged for only the following uses:

(1)Multi-unit residential;

(2)Retail Sales and Services (General) or (Limited);

(3)Restaurant (General) or (Limited), including Sidewalk Cafe;

(4)Office (General) or (Limited)

(5)Cultural Service or Library (General) or (Limited);

(6)Hotel/Motel (General) or (Limited)

(7)Recreation and Entertainment, Indoor (General) or (Limited)

(8)Parking, including Parking, Commercial (General) and Parking Structure (General);

(9)Grocery Store (General) or (Limited);

(10)Parks and Recreation (Limited); and

(11)Public Assembly (General) or (Limited).

(b)Compliance with Preliminary Land Development Plan

Development regulations within the Preliminary Land Development Plan, as amended, are incorporated herein and compliance with such requirements shall be a prerequisite of approval of a Final Land Development Plan.

(c)Maximum Height

The maximum height of structures hereafter erected or enlarged or used in the SP-4(IV) subdistrict shall be as shown on the Preliminary Land Development Plan, as amended.

(d)Minimum Height

All buildings in the SP-4(IV) subdistrict shall be greater than thirty-five (35) feet in height.

(e)Building Setbacks

All buildings within the SP-4(IV) subdistrict shall comply with the setback requirements of the Preliminary Land Development Plan, as amended.

(f)Build-to Lines

Build-to lines for the SP-4(IV) subdistrict shall be as shown on the Preliminary Land Development Plan, as amended.

(1)Buildings whose primary use is multiple family dwellings shall have a minimum of forty-five (45) percent of the building located at the build-to line, with an additional thirty-five (35) percent of the building located within thirty (30) feet of the build-to line; building facades within thirty (30) feet of the build-to line shall be delineated at the build-to line by a street wall (e.g., landscape treatment, decorative fencing, seat walls, shade structure, etc.) having a minimum height of thirty-six (36) inches.

(2)Buildings whose primary use is as a hotel shall have a minimum of fifty (50) percent of the building located at the build-to line.

(3)All other buildings shall have a minimum of sixty (60) percent of the building located at the build-to line, with an additional twenty (20) percent of the building located within fifteen (15) feet of the build-to line.

(4)Openings in buildings for garage and service entrances shall be included in determining compliance with the foregoing requirements.

(g)Other Development Standards.

All development to be approved in the SP-4(IV) subdistrict shall comply with the following standards:

(1)Buildings shall be arranged within blocks but in no event shall the maximum length of any block exceed seven hundred (700) lineal feet. If blocks are longer than five hundred (500) lineal feet, the Planning Commission may require a public pedestrian walkway through the block that is open during normal business hours.

(2)Loading, trash collection, and similar facilities shall be incorporated into the overall design of a building so that the visual and acoustic impacts of these functions are either substantially contained within the building or otherwise screened so as to be out of the direct street-level view from adjacent properties and public streets. Loading and unloading areas shall be situated so as to not conflict with pedestrian movement.

(3)Parking structures or those portions of buildings within the SP-4(IV) subdistrict used exclusively for parking purposes shall comply with Sections 914.09.G.1, 914.09.G.3 and 914.09.G.4 of the Code, but need not comply with Section 914.09.G.2 of the Code.

(4)No building wall visible from a street or publically accessible pedestrian easement shall contain a non-articulated condition greater than seventy (70) lineal feet in length. Building wall articulation shall be achieved through vertical steps no smaller than six (6) inches in width, building entrances, lobbies, doors, windows or similar features.

(h)Off-Street Parking

Minimum off-street parking shall be determined by a parking demand analysis pursuant to Section 914.04.

(i)Other Parking Standards

The Preliminary Land Development Plan for the SP-4(IV) subdistrict shall limit the area for Commercial Parking to that portion of the district lying to the east of the light rail public transit bridge as identified on the Preliminary Land Development Plan; provided, however, that commercial parking and accessory surface parking may continue as an allowed use within all of the SP-4(IV) subdistrict until completion of construction of all buildings shown on the conceptual master plan component of the Preliminary Land Development Plan. Shared parking between buildings shall be permitted and access between buildings and parking structures by way of upper story elevation bridges is allowed.

(j)Signage

All business signs and identification signs permitted in the GT and DR zoning districts pursuant to Section 919.03.M.7 and Section 919.03.M.8 shall be permitted in the SP-4(IV) subdistrict, except that only ground signs no higher than ten (10) feet in height and no greater than eighty (80) square feet in area (single face) are permitted within fifty (50) feet of the northern boundary of the SP-4(IV) subdistrict Lot and Block Number 4-D-60 at the time of this ordinance adoption, and no wall-mounted signs are allowed within fifty (50) feet of the northern boundary of Lot and Block Number 4-D-60 at the time of this ordinance adoption.

909.01.I.5 Regulations Applicable Throughout the SP-4 District

The following regulations shall apply throughout the SP-4 district:

(a)Height

That portion of the facade of any structure above one hundred (100) feet in height shall be no greater than one hundred twenty (120) feet in width when viewed directly opposite the structure from the river, perpendicular to the shore.

(b)Signs

Signs and sign structures shall be subject to Sign Guidelines adopted by the Planning Commission as a component of the Preliminary Land Development Plan.

(c)Floor Area Ratio

The maximum floor area ratio for the entire SP-4 District shall be four (4).

(d)Traffic Analysis

Traffic and Parking Demand Analyses shall be required for all new development in a format specified by the Zoning Administrator. The Zoning Administrator shall review the submitted analyses, including all sources of data, to establish appropriate traffic and parking mitigation measures. The costs for constructing and implementing all required mitigation measures shall be the responsibility of the Applicant.

(e)Urban Open Space

At least ten (10) percent of the entire SP-4 district shall be provided and maintained as Urban Open Space.

(f)Useable Open Space

For residential uses, Useable Open Space shall be provided in accordance with Land Use Intensity Rating System of the Subdivision Regulations and Standards.

(g)Height Exceptions

The following exceptions to the height regulations established for the SP-4 district and its subdistricts shall be permitted:

Exceptions in height which are authorized by the Zoning Administrator, according to the following:

(1)Erection above the height limit of certain portions of structures according to the following standards:

Structures with a gross floor plate not in excess of twenty thousand (20,000) square feet: one hundred fifty (150) feet; one hundred seventy (170) feet if a residential building.

Structures with a gross floor plate not in excess of fifteen thousand (15,000) square feet: One hundred eighty (180) feet; two hundred (200) feet if a residential building.

(2)No more than two (2) structures within the SP-4(I) subdistrict shall be in excess of one hundred fifty (150) feet in height.

(3)No more than one (1) structure within the SP-4(II) subdistrict shall be in excess of one hundred fifty (150) feet in height.

 

Section 5. The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, is hereby amended at909.01.K SP-6 Pittsburgh Palisades Park, as follows:

 

909.01.K SP-6 Pittsburgh Palisades Park

909.01.K.1 Development Subdistricts

The following special provisions apply to all of the following development subdistricts, according to the definitions found in Section 909.01.B, and except as noted. The Pittsburgh Palisades Park SP-6 District is generally bound by East Carson Street and railroad tracks on the north, Becks Run Road on the west, Glass Run Road on the east, and Baldwin Borough on the south.

(a)Development Subdistrict A - Race Track

In Subdistrict A - Race Track, as identified on the City of Pittsburgh Zoning Map, land may be used and structures may be erected, altered, demolished or enlarged for only the uses listed in this section.

(1)The following uses shall be permitted by right:

Single-Unit Detached Residential;

Single-Unit Attached Residential;

Two-Unit Residential;

Three-Unit Residential;

Multi-Unit Residential;

Housing for the Elderly (Limited and General);

Multi-Suite Residential (Limited and General);

Agricultural Use;

Amusement Arcade;

Animal Care (Limited and General);

Art or Music Studio;

Public Assembly (Limited and General);

Bank or Financial Institution (Limited and General);

Bed and Breakfast (Limited and General);

Games of Chance;

Child Care (Limited and General);

Community Center (Limited and General);

Cultural Service (Limited and General);

Educational Classroom Space (Limited & General);

Gaming Enterprise;

Grocery Store (Limited);

Horse Racing Track;

Horse Racing Track means a place of Public Assembly where spectators gather to watch horses race and uses typically found in conjunction with a Horse Racing Track including but not limited to grandstands, wagering facilities, restaurants, concession areas, gift shops, private clubs, paddock and offices. Ancillary uses to a Horse Racing Track shall include but not be limited to offices, veterinary facilities, stables, maintenance buildings, lodging, recreation and dining facilities for employees, educational facilities, storage areas and disposal facilities;

Hotel/Motel (Limited and General);

Laundry Services;

Library (Limited and General);

Medical Office/Clinic (Limited);

Office (Limited);

Parking, Commercial (Limited and Limited);

Parking Structure (Limited and General);

Parks and Recreation (Limited and General);

Recreation and Entertainment, Indoor (Limited and General);

Recreation and Entertainment, Outdoor (Limited and General);

Religious Assembly (Limited and General);

Restaurant, Fast-Food (Limited);

Restaurant (Limited and General);

Retail Sales and Services (Limited);

Safety Service;

School, Elementary or Secondary (Limited & General);

Sidewalk Cafe;

Transit Facility;

Utility (Limited and General);

Racino;

Racino means a facility offering games of chance operated in conjunction with a licensed Horse Racing Track;

Excavation/Grading/Fill, Major.

(2)The following uses shall be authorized as Special Exceptions in accordance with the procedures of Section 922.07:

(i)Grocery Store (General);

This use is authorized subject to the following standards:

A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study.

All loading areas shall be separated from parking areas and screened from view from streets and adjoining properties;

Not more than one (1) Grocery Store shall be permitted in Subdistrict A - Race Track.

(ii)Laboratory/Research (Limited and General);

This use is authorized subject to the following standards:

A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study.

(iii)Manufacturing and Assembly (Limited);

This use is authorized subject to the following standards:

All operations shall be conducted within a completely enclosed building;

All loading facilities shall be adequately screened from view from all streets and adjacent properties;

The applicant shall demonstrate that the proposed operations do not create nuisances such as visual blight, noise, odors, vibration, dust or debris.

(iv)Office (General);

This use is authorized subject to the following standards:

A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study.

No building shall be more than two hundred thousand (200,000) square feet.

(v)Retail Sales and Services (General).

This use is authorized subject to the following standards:

In the event that a racetrack is located in Subdistrict A - Race Track, this use shall not be permitted;

A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study.

Loading areas shall be separate from parking lots.

In the event that no racetrack is located in SubdistrictA - Race Track, no more than three (3) Retail Sales And Services (General) uses in excess of thirty-five thousand (35,000) square feet but less than one hundred twenty-five thousand (125,000) square feet shall be permitted in Subdistrict A - Race Track;

(b)Development Subdistrict B - Town Center

In Subdistrict B - Town Center, as identified on the City of Pittsburgh Zoning Map, land may be used and structures may be erected, altered, demolished or enlarged for only the uses listed in this section.

(1)The following uses shall be permitted by right:

Single-Unit Detached Residential;

Single-Unit Attached Residential;

Two-Unit Residential;

Three-Unit residential;

Multi-Unit Residential;

Housing for the Elderly (Limited and General);

Multi-Suite Residential (Limited and General);

Art or Music Studio;

Bank or Financial Institution (Limited and General);

Bed and Breakfast (Limited and General);

Child Care (Limited and General);

Community Center (Limited and General);

Cultural Service (Limited and General);

Excavation/Grading/Fill, Major;

Grocery Store (Limited);

Library (Limited and General);

Medical Office/Clinic (Limited);

Office (Limited);

Parking, Commercial (Limited);

Parks and Recreation (Limited and General);

Recreation and Entertainment, Indoor (Limited and General);

Recreation and Entertainment, Outdoor (Limited and General);

Religious Assembly (Limited and General);

Restaurant (Limited);

Retail Sales and Services (Limited);

Safety Service;

School, Elementary or Secondary (Limited and General);

Sidewalk Cafe;

Transit Facility;

Utility (Limited and General);

(2)The following uses shall be authorized as Special Exceptions in accordance with the procedures of Section 922.07:

(i)Public Assembly (Limited);

This use is authorized subject to the following standards:

A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study.

Not more than two (2) Public Assembly Facilities shall be permitted within SP-6, Pittsburgh Palisades Park.

(ii)Grocery Store (General)

This use is authorized subject to the following standards:

A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study.

All loading areas shall be separated from parking areas and screened from view from streets and adjoining properties;

Not more than one (1) Grocery Store shall be permitted in Subdistrict B - Town Center.

(iii)Hotel/Motel (Limited and General);

This use is authorized subject to the following standards:

A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study.

There shall be no more than two hundred (200) rooms in the Hotel/Motel;

There shall be no more than one (1) Hotel/Motel in Subdistrict B - Town Center.

(iv)Laboratory/Research Services (Limited & General);

This use is authorized subject to the following standards:

(A)A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study.

(v)Manufacturing and Assembly (Limited);

This use is authorized subject to the following standards:

All operations shall be conducted within a completely enclosed building;

All loading facilities shall be adequately screened from view from all streets and adjacent properties;

The applicant shall demonstrate that the proposed operations do not create nuisances such as noise, odors, vibration, dust or debris.

(vi)Medical Office/Clinic (General);

This use is authorized subject to the following standards:

A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study.

No building shall be more than two hundred thousand (200,000) square feet.

(vii)Office (General);

This use is authorized subject to the following standards:

A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study.

No building shall be more than two hundred thousand (200,000) square feet.

(viii)Parking, Commercial (General);

This use is authorized subject to the following standards:

The use shall be located to minimize disruption to pedestrian movements;

Curb cuts shall be located a minimum of sixty (60) feet from an intersection and other curb cuts.

(ix)Parking Structure (Limited and General);

This use is authorized subject to the following standards:

The use shall be located to minimize disruption to pedestrian movements;

Curb cuts shall be located a minimum of sixty (60) feet from an intersection and other curb cuts.

(x)Restaurant, Fast-Food (Limited);

This use is authorized subject to the following standards:

A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study.

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

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.

(xi)Restaurant (General);

This use is authorized subject to the following standards:

A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study.

Parking facilities and access shall be designed and located to clearly meet the demand of the facility in a way which does not interfere with parking spaces required for surrounding residential uses.

(xii)Retail Sales and Services (General);

This use is authorized subject to the following standards:

A traffic study in a form approved by the Zoning Administrator shall be submitted with the application and shall address parking and traffic impacts of the proposed development. The traffic study shall be consistent with the PLDP Traffic Study and shall demonstrate that the traffic associated with such use can reasonably be accommodated on the site and by the ingress and egress to the site proposed in the PLDP Traffic Study;

Loading areas shall be separate form parking lots;

No more than three (3) Retail Sales and Services (General) uses in excess of thirty-five thousand (35,000) square feet building footprint but less than seventy-five thousand (75,000) square feet building footprint shall be permitted in Subdistrict B - Town Center and no more than one (1) Retail Sales and Services (General) use in excess of seventy-five thousand (75,000) but less than one hundred twenty-five thousand (125,000) square feet shall be permitted in Subdistrict B - Town Center and no Retail Sales and Services (General) in excess of one hundred twenty-five thousand (125,000) square feet shall be permitted.

(xiii)Service Station.

This use is authorized subject to the following standards:

Gasoline pumps shall be setback at least twenty (20) feet from any right-of-way. All stands, racks and other features shall be setback at least thirty-five (35) feet from any right-of-way;

Curb cuts shall be located at least sixty (60) feet form the tangent points of the curb radius at any street intersection;

Service stations may have a sign on each pump identifying the pumps in addition to business signs;

A maximum of two (2) curb cuts shall be provided, and shall be a minimum of sixty (60) feet apart;

Not more than one (1) Service Station shall be permitted in Subdistrict B - Town Center.

(c)Development Subdistrict C - Residential

In Subdistrict C - Residential, as identified on the City of Pittsburgh Zoning Map, land may be used and structures may be erected, altered, demolished or enlarged for only the uses listed in this section.

(1)The following uses shall be permitted by right:

Single-Unit Detached Residential;

Single-Unit Attached Residential;

Two-Unit Residential;

Three-Unit Residential;

Multi-Unit Residential;

Housing for the Elderly (Limited and General);

Multi-Suite Residential (Limited and General);

Bed and Breakfast (Limited and General);

Child Care (Limited);

Community Center (Limited and General);

Grocery Store (Limited);

Excavation/Grading/Fill, Major;

Library (Limited and General);

Parks and Recreation (Limited);

Recreation and Entertainment, Outdoor (Limited and General);

Religious Assembly (Limited and General);

Restaurant (Limited);

Retail Sales and Services, Residential Convenience;

Safety Service;

School, Elementary or Secondary (Limited and General);

Utility (Limited).

909.01.K.2 Regulations Applicable to the SP-6 District

(a)Height

(1)For the uses listed in Sections 909.01.K.1(a), the height of structures hereafter erected or enlarged shall not exceed the following:

(i)All primary structures: three (3) stories and sixty (60) feet.

(ii)Two (2) structures up to fourteen (14) stories and one hundred sixty (160) feet.

(2)For the uses listed in Sections 909.01.K.1(b), the height of structures hereafter erected or enlarged shall not exceed the following:

(i)All primary structures: six (6) stories and ninety (90) feet.

(ii)Four (4) structures up to twelve (12) stories and one hundred thirty (130) feet.

(3)For the uses listed in Sections 909.01.K.1(c), the height of structures hereafter erected or enlarged shall not exceed the following:

(i)All primary structures: five (5) stories and sixty (60) feet.

(ii)One (1) structure up to fifteen (15) stories and one hundred sixty (160) feet.

(b)Area

Maximum Floor Area Ratio for Development Subdistrict (A) - Race Track, but not including parking structures: 2.5:1.

Maximum Floor Area Ratio for Development Subdistrict (B) - Town Center, but not including parking structures: 3:1.

Maximum Floor Area Ratio for Development Subdistrict (C) - Residential, but not including parking structures: 2:1.

Urban Open Space. Not less than ten (10) percent of the entire SP-6 District shall be provided and maintained as Urban Open Space, which space shall include recreational athletic fields and a perimeter trail system. In the event that a race track is located anywhere in the SP-6/Palisades Park district, not less than twenty (20) percent of the entire SP-6 district shall be provided and maintained as Urban Open Space.

 

Section 6. The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, is hereby amended at 909.01.Q SP-10, Hazelwood Green, as follows:

 

909.01.Q SP-10, Hazelwood Green

909.01.Q.1 HG Blocks

A.Establishment of HG Blocks. The Preliminary Land Development Plan for Hazelwood Green identifies 67 blocks which are each referred to in this SP-10 Hazelwood Green as an "HG Block" and collectively referred to as "HG Blocks." The HG Blocks are for reference purposes only and are provided to assist in the application of the regulatory provisions of the SP-10 Zoning Ordinance to development. The HG Blocks do not constitute subdivided lots or parcels under the City of Pittsburgh Subdivision Regulations. Each FLDP shall identify the applicable HG Block(s) comprising the Development Lot proposed to be developed as part of such FLDP, which FLDP shall include the dimensions and boundaries of the proposed Development Lot. The HG Blocks are as set forth in Figure 1 of the SP-10 Appendix.

B.Separating and Combining HG Blocks.

i.HG Blocks may be subdivided into smaller Development Lots.

ii.All or portions of contiguous HG Blocks may be combined to form a single Development Lot.

iii.HG Blocks separated by a Shared Way or street that has not been dedicated to and accepted by the City of Pittsburgh shall not be combined to form a development lot or parcel, except with approval of the Planning Commission as part of a FLDP approval and concurrent approval of a subdivision plan. Planning Commission shall approve the combination of HG Blocks separated by a Shared Way or street that has not been dedicated and accepted by the City of Pittsburgh if an applicant demonstrates the following:

(a)The elimination of such street or Shared Way will not detrimentally impact traffic flow through the SP-10.

(b)An alternative, publicly accessible pedestrian access is provided through the combined HG Blocks that allows for pedestrian connectivity to streets or Shared Ways.

Nothing in this section shall be deemed to supersede applicable subdivision requirements of the City of Pittsburgh Subdivision Regulations.

909.01.Q.2 Subdistricts

The SP-10 Hazelwood Green Development District is divided into three (3) "Subdistricts" referred to as "The River District," "The Mill District," and "The Flats District." The Subdistricts shall be located in those areas as depicted in Figure 1 and are further described as follows:

A.The River District shall be comprised of HG Blocks 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 as identified on Figure 1.

B.The Mill District shall be comprised of HG Blocks 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 36, 37, 40, 41, 42, 45, 46, 47, 50, 51 and 52, as identified on Figure 1.

C.The Flats District shall be comprised of HG Blocks 34, 35, 38, 39, 43, 44, 48, 49, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67, as identified on Figure 1.

909.01.Q.3 Use

A.Permitted Primary Uses.

The uses listed in Table 1 of the SP-10 Appendix are permitted in the SP-10. Table 1 lists all permitted uses and classifies each permitted use as Commercial, Community, Hospitality, Light Industrial and Production, Office, Parking and Transit, Research and Development, or Residential. The use classifications correspond to and assist in the application of the PLDP and the SP-10 Zoning Ordinance. Any building, Development Lot or parcel may be used for one (1) or more uses, as set forth in Table 1.

B.Temporary Interim Uses.

Temporary Interim Uses shall be permitted subject to special exception approval under the following standards in addition to the review criteria outlined in Section 922.07.D.1 of the Code as applicable to each use:

i.Any development or use of land shall be in compliance with the applicable standards under [Section] 911.04 for such use.

ii.The Temporary Interim Use shall be permitted to continue for no longer than a period of ten (10) years beginning on the date of special exception approval.

iii.Such use shall not be subject to the design requirements of the SP-10 Zoning Ordinance or the PLDP.

iv.When abutting other developed property, any Temporary Interim Use shall be screened from view of adjacent streets or structures to the extent feasible.

909.01.Q.4 Parking

A.Parking Requirements. Permanent parking requirements/limitations:

i.All parking, except for Integral Parking, whether a primary or accessory use, must be Shared Parking.

ii.All applications seeking FLDP approval for any use shall comply with the shared parking requirements for Hazelwood Green as set forth in that certain [Transportation Strategic Plan]. Such compliance shall be demonstrated in a parking demand analysis that complies with the provisions of Section 922.11.C.2(d) of the Code. The parking demand scope and final report shall be approved by the City of Pittsburgh Department of Planning.

iii.All parking accessory to a principal use shall be subject to the following maximum parking ratios based on the use classification set forth below:

Use Classification

Maximum Parking Ratio

Community

2 spaces per 1,000 sf

Commercial

2 spaces per 1,000 sf

Hospitality

.85 space per guest room

Light Industrial and Production

2 spaces per 1,000 sf

Office

2 spaces per 1,000 sf

Research and Development

2 spaces per 1,000 sf

Residential Low

1 space per dwelling unit

Residential Medium

.85 space per dwelling unit

Residential High

.85 space per dwelling unit

 

B.Surface Parking.

Except for Temporary Surface Lots, surface parking in the SP-10 Hazelwood Green Development District shall only be permitted as accessory to uses classified as Light Industrial and Production. A surface parking lot shall not exceed the lesser of: (1) fifteen (15) percent of the land area of a Development Lot or (2) .2 acres.

C.Temporary Surface Lots.

Prior to the date Certificates of Occupancy are issued for vehicular parking spaces throughout the SP-10 equal to the SP-10 Parking Threshold, Temporary Surface Lots shall be permitted anywhere except for areas designated in any approved FLDP for Urban Open Space within the SP-10 Hazelwood Green Development District on a temporary basis, subject to the following limitations:

i.A Temporary Surface Lot must be shared by multiple users.

ii.The Temporary Surface Lot shall not be subject to the maximum parking ratios set forth above, and shall not be subject to the limitation on the number of surface parking spaces set forth in Section 914.02.C of the Code.

iii.The landscaping requirements of Chapter 918 shall not be applicable to Temporary Surface Lots, provided that parked vehicles shall be screened from view of adjacent streets to the extent feasible.

iv.All Temporary Surface Lots shall be subject to Site Plan Review under Section 922.04 of the Code in lieu of complying with the FLDP requirements of Section 922.11.C.

v.A Temporary Surface Lot approved by the Zoning Administrator shall receive a certificate of occupancy that shall expire after a period of ten (10) years from the date of issuance. The certificate of occupancy shall be eligible to be renewed for additional five-year periods by review and approval of the Zoning Administrator if the SP-10 Parking Threshold has not been achieved as of the date of the occupancy certificate's expiration.

vi.In no event shall new Temporary Surface Lots be permitted to be constructed after December 31, 2028, provided, however this limitation shall not be construed to prevent an already existing Temporary Surface Lot from receiving a renewed certificate of occupancy as long as the SP-10 Parking Threshold has not been achieved.

vii.In no event shall the total number of parking spaces located on all Temporary Surface Lots combined in the SP-10 be more than the SP-10 Parking Threshold. Each applicant for a Temporary Surface Lot shall identify the total number of parking spaces located within all Temporary Surface Lots as part of an application for Zoning Administrator review and approval of a new Temporary Surface Lot.

D.Parking Structures.

A non-accessory Parking Structure shall not be located within five hundred (500) feet from another non-accessory Parking Structure measured by a linear line from the closest point of one (1) structure to the beginning of the other structure.

E.Integral Parking.

Integral Parking shall be permitted as an accessory use for Residential Low uses.

F.Bicycle Parking.

i.In lieu of the requirements of Section 914.05.D of the Code, all development shall include bicycle parking meeting the below listed requirements for both Unprotected Bicycle Parking and Protected Bicycle Parking:

USE CATEGORY

MINIMUM UNPROTECTED BICYCLE PARKING

MINIMUM PROTECTED BICYCLE PARKING

Residential Low

N/A

N/A

Residential Medium

Storage for at least 2.5% of peak visitors, but no fewer than four (4) spaces per building.

Storage for at least 30% of all regular building occupants, but no fewer than one (1) space per residential unit.

Residential High

Storage for at least 2.5% of peak visitors, but no fewer than four (4) spaces per building.

Storage for at least 30% of all regular building occupants, but no fewer than one (1) space per residential unit.

Light Industrial and Production

Storage for at least 2.5% of peak visitors, but no fewer than four (4) spaces per building.

Storage for at least 5% of all regular building occupants, but no fewer than four (4) spaces per building.

Research and Development

Storage for at least 2.5% of peak visitors, but no fewer than four (4) spaces per building.

Storage for at least 5% of all regular building occupants, but no fewer than four (4) spaces per building.

Office

Storage for at least 2.5% of peak visitors, but no fewer than four (4) spaces per building.

Storage for at least 5% of all regular building occupants, but no fewer than four (4) spaces per building.

Community

Storage for at least 2.5% of peak visitors, but no fewer than four (4) spaces per building.

Storage for at least 5% of all regular building occupants, but no fewer than four (4) spaces per building.

Commercial

At least two (2) storage spaces for every five thousand (5,000) square feet, but no fewer than two (2) spaces per building.

Storage for at least 5% of all regular building occupants, but no fewer than two (2) spaces per building.

 

909.01.Q.5 Development Standards

A.Compliance with the PLDP.

Parcel and Building Design regulations within Section 04 of the Preliminary Land Development Plan, as amended, are incorporated herein and compliance with such requirements, as amended, shall be a prerequisite of approval of a FLDP.

B.Active Ground Floor Uses.

Active ground floor use requirements. Active ground floor uses shall be included along the frontages identified on Figure 2 in the SP-10 Appendix. Active ground floor uses are as follows: Art or Music Studio, Bank or Financial Institution (Limited), Bank or Financial Institution (General), Child Care (General), College or University Campus, Community Center (Limited), Community Center (General), Cultural Service (Limited), Cultural Service (General), Grocery Store (Limited), Grocery Store (General), Hotel/Motel (Limited), Hotel/Motel (General), Library (Limited), Library (General), Recreation and Entertainment Indoor (Limited), Recreation and Entertainment Indoor (General), Restaurant Fast-Food (Limited), Restaurant (Limited), Restaurant (General), Retail Sales and Services (Limited), Retail Sales and Services (General), Sidewalk Cafe, Farmer's Market, Neighborhood Hospital, Spa, and Water Enhanced Facility or Use.

C.Build-to-Zone.

i.All new construction shall be subject to the following Build-to-Zone requirements:

(a)Type 1 Frontage: All structures located along a Type 1 Frontage as identified in Figure 3-1 of the SP-10 Appendix shall occupy no less than 90% of the lot frontage within the Build-to-Zone.

(b)Type 2 Frontage: All structures located along a Type 2 Frontage as identified in Figure 3-2 of the SP-10 Appendix shall occupy no less than 70% of the lot frontage within the Build-to-Zone.

(c)Type 3 Frontage: All structures located along a Type 3 Frontage as identified in Figure 3-3 of the SP-10 Appendix shall occupy no less than 30% of the lot frontage within the Build-to-Zone.

D.Building Height.

i.Maximum Building Height.

(a)All development within the River District shall be limited to a maximum building height of two hundred forty (240) feet.

(b)All development within the Mill District and Flats District, except for HG Blocks 62 and 63, shall be limited to a maximum building height of one hundred fifty (150) feet.

(c)All development on HG Blocks 62 and 63 shall be limited to a maximum building height of eighty-five (85) feet.

ii.Minimum Building Height. All development shall have a minimum height of at least thirty-two (32) feet.

iii.Building Stepback Requirements.

(a)Buildings located on each developable HG Block shall be subject to stepback requirements set forth in this section. The term "stepback" refers to a technique whereby the floorplate of the building is reduced from the Street at certain heights of a building to improve the pedestrian experience, enable sunlight penetration to the ground plane (streets and public spaces), and creating interesting and functional rooftops at various building levels. An example of a building stepback is identified on Figure 4 of the SP-10 Appendix.

(b)Stepback Types:

Stepback Type I:

Distance from Development Lot Line (Stepback Line)

Maximum Height

0 - at least 10 feet

45 feet

10 or more feet - at least 20 feet

85 feet

 

 

Stepback Type II:

Distance from Development Lot Line (Stepback Line)

Maximum Height

0 - at least 15 feet

65 feet

 

(c)Designation of Stepback Areas:

(i)Stepback Type I: All frontages requiring Stepback Type I are designated on Figure 5-1 of the SP-10 Appendix.

(ii)Stepback Type II: All frontages requiring Stepback Type II are designated on Figure 5-2 of the SP-10 Appendix.

(d)Buildings or the portions of buildings that are set back from the Development Lot Line at a distance that is equal to or greater than an applicable Stepback Line shall be exempt from the maximum height limitation applicable to such Stepback Line.

(e)If an HG Block is combined with another HG Block across a Shared Way or street that has not yet been dedicated to the City in accordance with the provisions of this ordinance, the stepback requirement applicable to frontage along such Shared Way or street shall not be applicable to the extent the building crosses such Shared Way or street.

E.Building Transparency Requirements.

i.All buildings containing any use at the ground level, except for uses classified as Light Industrial and Production, Research and Development, and Residential Low, shall be subject to the following ground floor transparency requirements where any Façade fronts a Street or Urban Open Space:

(a)Except for frontages requiring Active Uses as identified on Figure 2, all buildings shall have minimum ground floor transparency of 60% of the Façade measured from the average grade of such Façade to fourteen (14) feet above such average grade.

(b)All buildings with frontages requiring Active Uses as identified on Figure 2 shall have minimum ground floor transparency of 70% of the Façade measured from the average grade of such Façade to eighteen (18) feet above such average grade.

ii.All buildings containing Residential Low use at the ground level shall have minimum ground floor transparency of 15% of the Façade measured between the average grade of such Façade and ten (10) feet above such average grade for each Façade that fronts a Street or Urban Open Space.

iii.All buildings containing uses classified as Light Industrial and Production and/or Research and Development at the ground level shall have minimum ground floor transparency of 30% of the Façade measured between the average grade for each Façade and fourteen (14) feet above such average grade for each Façade that fronts a Street or Urban Open Space.

iv.Upper floor Façades that front a Street or Urban Open Space of all buildings shall have an aggregated minimum of 30% transparency.

F.Ground Floor Height Requirements.

i.All buildings, except for buildings containing ground floor Residential Low use and except for buildings required to have ground floor Active Uses as identified on Figure 2 shall have a Ground Floor Height of fourteen (14) feet or greater.

ii.All buildings required to have ground floor Active Use as identified on Figure 2 shall have a Ground Floor Height of eighteen (18) feet or greater.

G.Building Length.

A building or buildings shall not exceed five hundred (500) linear feet measured in a straight line from end to end along any Façade.

H.Urban Open Space.

A minimum of ten (10) percent of the entire SP-10 Hazelwood Green shall be provided and maintained as Urban Open Space. Each Subdistrict shall have a minimum of ten (10) percent Urban Open Space.

909.01.Q.6 Definitions

Basic Industry (Limited) means an establishment engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials where such products are produced and manufactured in connection with another permitted use in the SP-10.

Build to Zone means the area between (a) the Street or Fixed Shared Way and the Development Lot Line and (b) six (6) feet measured perpendicular from the Street or Fixed Shared Way to the Development Lot Line.

College or University Campus for purposes of the SP-10 means a college, community college or other post-secondary educational complex not in an EMI District, which shall include one (1) or more of the following uses: teaching and research facilities; educational classroom space; public assembly; child care facilities; student center; food service facilities; library; administrative offices; and indoor recreation facilities. In no event shall outdoor recreation facilities be considered a College or University Campus use.

Community Center (Limited) for purposes of the SP-10 means a Community Center which primarily serves the community in which it exists and with a gross floor rear of less than five thousand (5,000) square feet.

Community Center (General) for purposes of the SP-10 means a Community Center with a gross floor area of five thousand (5,000) square feet or more.

Developable Acre shall mean the total square footage of a Development Lot exclusive of all Streets, Shared Ways, and streets that have not yet been dedicated to the City.

Development Lot for the purpose of the SP-10 means all or a portion of an HG Block that is proposed for development as part of a FLDP approval application.

Development Lot Line shall mean any boundary line of a Development Lot.

Façade(s) shall mean any exterior elevation of a structure or building as viewed from a single vantage point and determined by the Zoning Administrator.

Farmer's Market means an area designated for the sale of foods and agricultural products directly to consumers from farmers and/or the producers of such foods or products.

FLDP shall mean a Final Land Development Plan submitted under Section 922.11.C of the Code.

Ground Floor Height shall mean the height measured from the exterior average grade along the building frontage to the bottom of the second floor.

Integral Parking means "tuck-under" parking achieved through its incorporation into architectural elements of a building such as a garage or overhead covered areas, but excluding carports.

Neighborhood Hospital means a facility that: (1) occupies not more than forty thousand (40,000) square feet; and (2) offers no more than fifteen (15) emergency room bays and no more than fifteen (15) inpatient beds for medical related use twenty-four (24) hours per day by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality or disease; and/or (3) regularly makes available clinical laboratory services, diagnostic radiological services, treatment facilities for medical treatment, and/or other services associated with hospitals licensed by the Pennsylvania Department of Health.

Laboratory/Research Services, Outdoor shall mean an establishment engaged in conducting basic applied, industrial or scientific research, other than medical testing, where such services are not contained in an enclosed building or structure, including production of prototype products when limited to the minimum scale necessary for full investigation of the merits of a product, but excluding production of products used primarily or customarily for sale or for us in non-prototype production or operations.

Parks and Recreation (Limited) shall mean a Parks and Recreation use that does not have spectator seating, concession, lighted playing courts or fields.

Parks and Recreation (General) means a Parks and Recreation use with spectator seating, concession, lighted playing courts or fields.

PLDP shall mean the Hazelwood Green Preliminary Land Development Plan Special Planned District 10 (SP-10) dated _______.

Protected Bicycle Parking shall have the meaning set forth in 914.05.A.3.

Recreation and Entertainment, Indoor (Limited) for purposes of the SP-10 means an Indoor Recreation and Entertainment use that has a gross floor area of less than ten thousand (10,000) square feet.

Recreation and Entertainment, Indoor (General) for purposes of the SP-10 means an Indoor Recreation and Entertainment use that has a gross floor area of ten thousand (10,000) square feet or more.

Religious Assembly (Limited) for purposes of the SP-10 means a Religious Assembly use that has a gross floor area of less than five thousand (5,000) square feet.

Religious Assembly (General) for purposes of the SP-10 means a Religious Assembly use that has a gross floor area of five thousand (5,000) square feet or more.

Residential: Low means any residential use that has between twenty-five (25) dwelling units per Developable Acre and thirty-eight (38) dwelling units per Developable Acre.

Residential: Medium means any residential use that has between thirty-nine (39) dwelling units per Developable Acre and sixty-two (62) dwelling units per Developable Acre.

Residential: High means any residential use that has sixty-three (63) or more dwelling units per Developable Acre.

Restaurant (Limited) for purposes of the SP-10 means a Restaurant with a gross floor area of less than twenty-four hundred (2,400) square feet.

Shared Parking means parking that is made available to multiple users and/or to the general public in addition to serving a specific use.

Shared Way means an alley or street that is not dedicated to and accepted by the City of Pittsburgh as a public street or way, but is a public easement which is accessible to the public and which provides access to a building or lot.

Shared Way, Fixed means a Shared Way as designated in the PLDP that is not subject to removal or changed location.

Spa means an establishment devoted to health, fitness, beauty, and relaxation, provided that any massage services are administered by a massage therapist licensed by the Pennsylvania Board of Massage Therapy.

SP 10 Parking Threshold means two thousand (2,000) vehicular parking spaces located in Temporary Surface Lots throughout the SP-10 District.

Stepback Line shall mean the required distance from the Development Lot Line pursuant to Section VII.D.iii(b).

Temporary Interim Use means any use that: (1) is identified in Table 2 of the SP-10 Appendix; and (2) by its nature does not involve a structure or building capable of compliance with the design requirements of the SP-10 Zoning Ordinance and/or the PLDP.

Temporary Surface Lots means any Development Lot used for parking motor vehicles for a specified period of time stated in a certificate of occupancy.

Unprotected Bicycle Parking shall have the meaning set forth in Section 914.05.A.4 of the Code.

Vocational School (Limited) for purposes of the SP-10 means a Vocational School for fewer than one hundred (100) students.

Vocational School (General) for purposes of the SP-10 means a Vocational School for one hundred (100) students or more.

Water Dependent Facility or Use means a facility or use that by its nature is required to be on or adjacent to a river, without such adjacency the use could not exist.

Water Enhanced Facility or Use means a recreation, entertainment or restaurant facilities or similar uses that achieve greater value or beauty as a result of a location on or near a river.

SP-10 APPENDIX

TABLE 1

USE

ACTIVE USE CATEGORIZATION

HG USE CATEGORIZATION

SUBDISTRICT/ BLOCKS WHERE PERMITTED

Agriculture (Limited)  With Beekeeping

No

Light Industrial &  Production

As a primary use, only permitted on HG Blocks 13, 14, 18, 19, 20, 21, 22, 23, and 24.

Agriculture (Limited)

No

Light Industrial &  Production

As a primary use, only permitted on HG Blocks 13, 14, 18, 19, 20, 21, 22, 23, and 24.

Animal Care  (Limited)

No

Commercial

All

Animal Care  (General)

No

Commercial

All

Art or Music Studio.

Yes

Community

All

Public Assembly  (Limited)

No

Community

All

Public Assembly  (General)

No

Community

All

Bank or Financial  Institution (Limited)

Yes

Commercial

All

Bank or Financial  Institution (General)

Yes

Commercial

All

Bed and Breakfast  (Limited)

No

Hospitality

All

Bed and Breakfast  (General)

No

Hospitality

All

Child Care (Limited)

No

Commercial

All

Child Care (General)

Yes

Community

All

Club (Limited)

No

Community

All

Club (General)

No

Community

All

College or University Campus (See Section VIII)

Yes

Community

All

Community Center (Limited) (See Section VIII)

Yes

Community

All

Community Center (General)

Yes

Community

All

Construction Contractor (Limited)

No

Light Industrial &  Production

As a primary use, only permitted on HG Blocks 13, 14, 18, 19, 20, 21, 22, 23, and 24

Construction Contractor (General)

No

Light Industrial &  Production

As a primary use, only permitted on HG Blocks 13, 14, 18, 19, 20, 21, 22, 23, and 24.

Controlled Substance Dispensation Facility

No

Commercial

All HG Blocks except not permitted on HG Blocks 61, 62, 63, 64, 65, 66, 67 and 68.

Cultural Service (Limited)

Yes

Community

All

Cultural Service (General)

Yes

Community

All

Educational Classroom Space (Limited).

No

Community

All

Educational Classroom Space (General)

No

Community

All

Grocery Store (Limited)

Yes

Commercial

All

Grocery Store (General)

No

Commercial

All

Hotel/Motel (Limited)

Yes

Hospitality

All

Hotel/Motel (General)

Yes

Hospitality

All

Laboratory/Research Services (Limited)

No

Research & Development

All

Laboratory/Research Services (General)

No

Research & Development

All

Laundry Services

No

Commercial

All

Library (Limited)

Yes

Community

All

Library (General)

Yes

Community

All

Manufacturing and Assembly (Limited)

No

Light Industrial &  Production

As a primary use, only permitted on HG Blocks 13, 14, 18, 19, 20, 21, 22, 23, and 24.

Manufacturing and Assembly (General)

No

Light Industrial &  Production

As a primary use, only permitted on HG Blocks 13, 14, 18, 19, 20, 21, 22, 23, and 24.

Medical Marijuana Dispensary

No

Commercial

All HG Blocks except not permitted on HG Blocks 61, 62, 63, 64, 65, 66, 67 and 68.

Medical Office/Clinic (Limited)

No

Office

All

Medical Office/Clinic (General)

No

Office

All

Office (Limited)

No

Office

All

Office (General)

No

Office

All

Parking Structure (Limited)

No

Parking & Transit

Permitted on all HG Blocks except 1, 6, 7, 13, 15, 16, 17, 29, 30, 31, 32, 33, 36, 41, 51, 53, 54, 55, 56, 65, 66 and 67.

Parking Structure (General)

No

Parking & Transit

Permitted on all HG Blocks except 1, 6, 7, 13, 15, 16, 17, 29, 30, 31, 32, 33, 36, 41, 51, 53, 54, 55, 56, 65, 66 and 67.

Parks and Recreation (Limited) (See Section VIII)

No

Community

All

Parks and Recreation (General) (See Section VIII)

No

Community

All

Recreation and Entertainment, Indoor (Limited) (See Section VIII)

Yes

Commercial

All

Recreation and Entertainment, Indoor (General) (See Section VIII)

Yes

Commercial

All

Recycling Collection Station

No

Light Industrial &  Production

As a primary use, only permitted on HG Blocks 13, 14, 18, 19, 20, 21, 22, 23, and 24.

Recycling Processing Center

No

Light Industrial &  Production

As a primary use, only permitted on HG Blocks 13, 14, 18, 19, 20, 21, 22, 23, and 24.

Religious Assembly (Limited)

No

Community

All

Religious Assembly (General)

No

Community

All

Restaurant, Fast-Food (Limited)

Yes

Commercial

All

Restaurant (Limited) (See Section VIII)

Yes

Commercial

All

Restaurant (General)

Yes

Commercial

All

Retail Sales and Services (Limited)

Yes

Commercial

All

Retail Sales and Services (General)

Yes

Commercial

All

Safety Service

No

Community

All

School, Elementary or Secondary (Limited)

No

Community

All

School, Elementary or Secondary (General)

No

Community

All

Sidewalk Cafe

Yes

Hospitality

All

Transit Facility

No

Parking & Transit

All

Utility (Limited)

No

Light Industrial &  Production

All

Utility (General)

No

Light Industrial &  Production

As a primary use, only permitted on HG Blocks 13, 14, 18, 19, 20, 21, 22, 23, and 24.

Vehicle/Equipment Repair (Limited)

No

Commercial

All

Vocational School (Limited) (See Section VIII)

No

Community

All

Vocational School (General) (See Section VIII)

No

Community

All

Welding or Machine Shop

No

Light Industrial & Production

As a primary use, only permitted on HG Blocks 13, 14, 18, 19, 20, 21, 22, 23, and 24.

Farmer's Market (See Section VIII)

Yes

Community

All

Neighborhood Hospital (See Section VIII)

Yes

Commercial

All

Small-scale Basic Industry (See Section VIII)

No

Light Industrial &  Production

Permitted on HG Blocks 13, 14, 18, 19, 20, 21, 22, 23, and 24.

Spa (See Section VIII)

Yes

Commercial

All

Temporary Interim Use (See Section VIII)

No

Commercial

Permitted by Special Exception in accordance with Section V.B.

Water-Dependent Facility or Use (See Section VIII)

No

Commercial

All

Water Enhanced Facility or Use (See Section VIII)

Yes

Commercial

All

Residential: Low (See Section VIII)

No

Residential

As a primary use, only permitted on HG Blocks 62 and 63.

Residential: Medium (Section VIII)

No

Residential

All

Residential: High (See Section VIII)

No

Residential

All

 

TABLE 2

Agriculture (General)

Amusement Arcade

Helipad

Helistop

Nursery, Retail

Outdoor Retail Sales and Service

Any other use deemed to be similar in the discretion of the Zoning Administrator

 

FIGURE 1-HG BLOCKS AND SUBDISTRICTS

 

FIGURE 2-ACTIVE GROUND FLOOR USE REQUIRED

 

FIGURE 3-1-TYPE 1 FRONTAGE

 

FIGURE 3-2-TYPE 2 FRONTAGE

 

FIGURE 4-STEPBACK EXAMPLE

 

FIGURE 5-1-FRONTAGES REQUIRING STEPBACK TYPE I

 

FIGURE 5-2-FRONTAGES REQUIRING STEPBACK TYPE II

 

Section 7. The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, is hereby amended at 909.01.R SP-11, Lower Hill Planned Development District, as follows:

909.01.R SP-11, Lower Hill Planned Development District

909.01.R.1 Boundaries

The SP-11 Lower Hill Planned Development District shall be generally bounded as follows:

On the east, by the centerline of Crawford Street;

On the south, by the centerline of Centre Avenue;

On the west, by the centerline of Chatham Square;

On the north, by the centerline of Bigelow Boulevard and continuing along the centerline of Bedford Avenue; and

Including those areas comprising Lot 2R, Third Revision as depicted on that certain Pittsburgh Arena, URA Plan of Lots approved by City Planning on November 27, 2012 and recorded in the real estate records of Allegheny County at Plan Book Volume 276, page 34, such area being more particularly described as Subdistrict 3 below.

909.01.R.2 Development Subdistricts

The Lower Hill Planned Development District shall be divided into three (3) "Subdistricts" referred to as "Subdistrict 1"; "Subdistrict 2" and "Subdistrict 3", inclusive. The Subdistricts shall be located in those areas as depicted in Figure 909.01.R.2.A. below and such subdistricts are bounded as follows:

Subdistrict 1 is bounded:

On the east, beginning at that certain point located on Crawford Street, such point being situated approximately one hundred ninety (190) feet south of the intersection of Bedford Avenue and Crawford Street ("Point A") and continuing in a southerly direction along the centerline of Crawford Street a distance of eight hundred fifty (850) feet to a point located on Crawford Street, such point being situated approximately two hundred fourteen (214) feet north of the intersection of Crawford Street and Centre Ave. ("Point B");

On the south, beginning at Point B and continuing in a westerly direction a distance of four hundred seven (407) feet to a point located two hundred sixty one (261) feet north of Centre Avenue and four hundred seven (407) feet west of Crawford Street ("Point C");

On the west, beginning at Point C and continuing in a northerly direction a distance of seven hundred ninety-one (791) feet to a point located one hundred eighty-nine (189) feet south of the centerline of Bedford Ave. and four hundred one (401) feet west of Crawford Street ("Point D"); and

On the north, beginning at Point D and continuing in a easterly direction a distance of four hundred one (401) feet to Point A.

Subdistrict 2 is bounded:

On the east, by the centerline of Crawford Avenue;

On the south, by the centerline of Centre Avenue;

On the west, by the centerline of Chatham Square;

On the north, by the centerline of Bigelow Boulevard and continuing along the centerline of Bedford Avenue; and

Except and excluding the area contained in Subdistrict 1.

Subdistrict 3 is bounded:

By the boundary line of Lot 2R, Third Revision as depicted on that certain Pittsburgh Arena, URA Plan of Lots approved by City Planning on November 27, 2012, and recorded in the real estate records of Allegheny County at Plan Book Volume 276, page 34, and further described as follows:

Beginning at a point on the southerly right-of-way line of Centre Avenue, 112' wide, at the dividing line of Lot 1 of the Pittsburgh Arena and Epiphany Church Plan of Lots, recorded in Plan Book Volume 264, page 47 and property herein described; thence along the southerly right-of-way line of Centre Avenue, 112' wide, North 89°25'06" East, 612.32' to a point at the northwest corner of Lot 3 of the Arena Hotel Plan of Lots, recorded in Plan Book Volume 266, Page 31; thence along the dividing line of Lot 3 of the Arena Hotel Plan of Lots and property herein described, the following two (2) courses and distances, viz: South 02°56'36" West, 131.27' to a point; thence South 86°47'52" East, 349.02' to a point at the westerly line of Lot 4 of the Pittsburgh Arena and Washington Plaza Plan of Lots, recorded in Plan Book Volume 274, Page 76; thence along the dividing line of Lot 4 of the Pittsburgh Arena and Washington Plaza Plan of Lots and property herein described, the following seven (7) courses and distances, viz: South 07°47'52" East, 8.60' to a point; thence South 74°41'56" East, 18.05' to a point; thence South 37°13'27" East, 64.76' to a point; thence South 32°39'07" East, 68.20' to a point; thence South 73°48'25" East, 2.81' to a point; thence South 39°43'46" East, 61.70' to a point; thence South 29°02'08" East, 2.62' to a point on the northerly right-of-way line of Colwell Street, 60' wide; thence along the northerly right-of-way line of Colwell Street, 60' wide, North 86°47'02" West, 140.68' to a point on the westerly right-of-way line of Colwell Street, 60' wide; thence along the westerly right-of-way line of Colwell Street, 60' wide, South 03° 12'58" West, 60.00' to a point on the northerly line of Lot 5 of the Pittsburgh Arena, URA Plan of Lots, to be recorded; thence along the dividing line of Lot 5 of the Pittsburgh Arena, URA Plan of Lots and property herein described, the following two (2) courses and distances, viz: North 86°47'02" West, 134.06' to a point; thence South 03°00'02" West, 100.01' to a point on the northerly right-of-way line of Our Way, 28' wide; thence along the northerly right-of-way line of Our Way, 28' wide;

North 86°47'02" West, 281.71' to a point; thence along the westerly right-of-way line of Our Way, 28' wide and along the westerly line of property now or formerly Dosco Inc.;

South 03°12'58" West, 116.95' to a point on the northerly right-of-way line of Fifth Avenue; thence along the northerly right-of-way line of Fifth Avenue, North 86°47'02" West, 561.46' to a point on the easterly right-of-way line of Washington Place; thence along the easterly right-of-way line of Washington Place, the following three (3) courses and distances, viz: by an arc of a circle deflecting to the right in a northwestwardly direction, having a radius of 12.00', an arc distance of 19.12' (chord bearing and distance, North 41°08'47" West, 17.16') to a point; thence North 04°29'28" East, 23.04' to a point; thence by an arc of a circle deflecting to the left in a northwestwardly direction, having a radius of 411.00', an arc distance of 171.68' (chord bearing and distance, North 07°28'31" West, 170.43') to a point at the southwest corner of Lot 1 of the Pittsburgh Arena and Epiphany Church Plan of Lots; thence along the dividing line of Lot 1 of the Pittsburgh Arena and Epiphany Church Plan of Lots and property herein described, the following eight (8) courses and distances, viz: North 64°12'59" East, 106.95' to a point; thence North 25°42'53" West, 46.80' to a point; thence North 65°23'06" East, 38.00' to a point; thence North 26°35'07" West, 73.47' to a point; thence North 63°49'24" East, 30.74' to a point; thence North 26°10'36" West, 10.00' to a point; thence North 63°49'24" East, 31.19' to a point; thence North 25°48' 11" West, 132.89' to the place of beginning.

 

909.01.R.3 Use

(a)Permitted Primary Uses Subdistrict 1.

(i)Uses in the Lower Hill Planned Development District Subdistrict 1 shall be as follows:

Single-Unit Attached Residential;

Two-Unit Residential;

Three-Unit Residential;

Multi-unit Residential;

Child Care (Limited);

Community Center (Limited);

Housing for Elderly (Limited);

Parks and Recreation (Limited);

Parks and Recreation (General).

(ii)The following primary uses shall be permitted on the ground floor in Subdistrict 1, provided (a) any such use faces Urban Open Space as designated in any Final Land Development Plan and (b) any such use does not have frontage along Crawford Street:

Bank or Financial Institution (Limited);

Bank or Financial Institution (General);

Grocery Store (Limited);

Laundry Services;

Medical Office/Clinic (Limited);

Office (Limited);

Restaurant (Limited);

Restaurant (General);

Retail Sales and Service (Limited);

Sidewalk Cafe;

For purposes of this Section, Restaurant (Limited) and Restaurant (General) in Subdistrict 1 shall not include restaurants with accessory brewing or distilling facilities.

(iii)Additionally, the following primary uses shall be permitted in Subdistrict 1, provided: (a) any such use does not have frontage along Crawford Street; (b) any such use that has frontage along Wylie Avenue is lined with an active use on the ground level; and (c) any such use is screened or articulated in conformance with the standards of the Lower Hill Redevelopment Preliminary Land Development Plan. Nothing in this Section shall be constructed to prohibit an entrance to a parking structure on Crawford Street.

Parking Structure (Limited);

Parking Structure (General).

(iv)The following uses are permitted by special exception in the SP-11, Subdistrict 1 in accordance with Section 922.07:

Child Care (General), subject to the use standards set forth in 911.04.A.12(a);

Community Center (General), subject to the use standards set forth in 911.04.A.14(b)(1);

Housing for Elderly (General), subject to the use standards set forth in 911.04.A.35(a) and (b);

Retail Sales and Service (General), provided that Retail Sales and Service (General) use shall be permitted only if such use: (a) is located only on the Ground Level; (b) faces Urban Open Space as designated in any Final Land Development Plan; and (c) and does not have frontage along Crawford Street.

(b)Permitted Primary Uses Subdistricts 2 and 3.

(i)Unless otherwise modified by this Section 909.01.R.3, uses permitted in the Lower Hill Planned Development District Subdistrict 2 and Subdistrict 3 shall be the same as, subject to the same use review and approval processes as, and subject to the same conditions applicable to those uses permitted in the GT, Golden Triangle District, as the use regulations for the GT, Golden Triangle District are amended from time to time. The following uses, which are permitted either by right or as Administrator Exceptions in the GT, Golden Triangle District and the SP-11, Lower Hill Planned Development District, are modified as follows:

Public Assembly (Limited) and Public Assembly (General) shall specifically include conference rooms; and

Manufacturing/Assembly (Limited) shall specifically include bakeries, breweries and distilleries. Breweries and distilleries must be an accessory use as part of a restaurant or public entertainment venue; and

For purposes of this Section, Restaurant (Limited) and Restaurant (General) in Subdistrict 2 or 3 may include restaurants with accessory baking, brewing or distilling facilities provided such accessory use is approved by Administrator Exception.

(ii)In addition to the foregoing, the following uses shall also be permitted in the SP-11 Lower Hill Planned Development District Subdistricts 2 and 3 by right, subject to any additional regulations set forth below:

Animal Care (Limited);

College or University Campus;

Housing for the Elderly (Limited);

Housing for the Elderly (General);

Laundry Services;

Parking Structure (Limited) provided any such use that has frontage along Center Avenue or Wylie Avenue is lined with an active use on the Ground Level;

Parking Structure (General) provided any such use that has frontage along Center Avenue or Wylie Avenue is lined with an active use on the Ground Level;

Residential, Single-Family Attached;

Retail Sales and Service, Residential Convenience;

Sidewalk Cafe;

Spa;

Gallery display or museum use;

Police substation less than two thousand (2,000) square feet;

"Spa" shall mean an establishment devoted to health, fitness, beauty and relaxation, provided that any massage services are administered by a massage therapist licensed by the Pennsylvania Board of Massage Therapy.

(iii)In addition to those uses permitted by Special Exception in the GT, Golden Triangle District, the following additional uses are permitted by Special Exception in the SP-11, Subdistricts 2 and 3 in accordance with Section 922.07:

Energy Generation (Limited), subject to the use standards set forth in Section 909.01.R.3(e);

Laboratory/Research Services (Limited). Cannot house animals larger than five (5) lbs.;

Laboratory Research Services (General). Cannot house animals larger than five (5) lbs.;

Outdoor Retail Sales and Service (Non-Accessory Use), subject to the use standards set forth in Section 911.04.A.91, except that the provisions of 911.04.A.91(a) shall not apply;

Personal Care Residence (Small), subject to the use standards set forth in Section 911.04.A.95.B., except that the parking requirements of Section 911.04.A.95.B(a)(vi) shall not apply;

Recycling Collection Station, provided the approving body determines that such use will not create detrimental impacts on the surrounding properties, taking into consideration generation of noise, emission of odors, and hours of operation. In addition, such use shall be subject to the use standards set forth in Section 911.04.A.51.

(iv)In addition to those uses permitted by Conditional Use in the Golden Triangle District, the following additional uses are permitted by Conditional Use in the SP-11, Subdistricts 2 and 3 in accordance with Section 922.06:

Dormitory, subject to the use standards set forth in Section 911.04.A.23(b);

Energy Generation (General), subject to the use standards set forth in Section 909.01.R.3(e);

Manufacturing and Assembly (Limited), subject to the use standards set forth in Section 911.04.A.40;

Manufacturing and Assembly (General), subject to the use standards set forth in Section 911.04.A.40;

Service Station, provided: (a) gasoline pumps shall not be located in any front or side yard and are not visible from any primary street; (b) such use is integrated into a mixed use structure or attached to another structure; (c) such use otherwise complies with all development standards of the Preliminary Land Development Plan; and (d) such use is subject to the use standards of Section 911.04.A.65.

(v)In addition to those uses not expressly permitted in the GT Golden Triangle District and not otherwise permitted above, the following uses shall not be permitted in the SP-11 Lower Hill Planned Development District even if any such use later becomes a permitted use in the GT Golden Triangle District by right, administrator exception, special exception, conditional use approval or by any other means whatsoever:

Adult Entertainment;

Communication Tower Class A;

Communication Tower Class B;

Communication Tower Class C;

Controlled Substance Dispensation Facility;

Correctional Facility (Limited);

Correctional Facility (General);

Custodial Care Facility;

Excavation/Grading/Fill, Major;

Firearms Business Establishment;

Forestry Activities;

Fraternity/Sorority;

Vehicle Equipment Repair (Limited);

Vehicle Equipment Repair (General);

Vehicle Equipment Sales (Limited);

Vehicle Equipment Sales (General).

(c)In the event the provisions of this Section 909.01.R.3 conflict with the uses otherwise permitted in the Golden Triangle (GT) District (whether by right, administrator exception, special exception or conditional use), the provisions of this Section 909.01.R.3 shall prevail.

(d)Accessory Uses and Structures, Residential.

(i)Accessory Uses and Structures as set forth in Section 912.02 shall be permitted in Subdistrict 1, subject to all standards, limitations and restrictions set forth in Chapter 912 and in the Preliminary Land Development Plan and any applicable Final Land Development Plan. In addition, Energy Generation Limited shall be permitted as an accessory use in Subdistrict 1, subject to the use standards set forth in Section 909.01.R.3(e). Accessory surface parking is permitted only for residential use in Subdistrict 1.

(ii)Accessory Uses and Structures, Non-residential. Except as otherwise set forth herein, accessory uses and structures as set forth in Sections 912.02 and 912.03 shall be permitted in Subdistricts 2 and 3, subject to all standards, limitations and restrictions set forth in Chapter 912 and in the Preliminary Land Development Plan and any applicable Final Land Development Plan. In addition, energy generation shall be permitted as an accessory use in Subdistrict 2 subject to the use standards set forth in Section 909.01.R.3(e). In no event shall accessory surface parking be permitted in Subdistricts 2 and 3.

(e)Energy Generation shall comply with the following use standards:

(i)Such use shall provide energy supply to the SP-11 District;

(ii)Such use shall be within a completely enclosed building, except that solar and wind related uses may be located on the roof or on the exterior of a building, provided all development standards of the Preliminary Land Development Plan are satisfied;

(iii)All development standards of the Preliminary Land Development Plan shall be applicable;

(iv)The approving body or the Zoning Administrator, as applicable, shall require additional landscaping and screening of the facility to the extent it deems necessary to screen the facility or related structures from surrounding properties;

(v)The approving body or the Zoning Administrator, as applicable, shall determine that such use will not create detrimental impacts on surrounding properties, taking into consideration the probable traffic generation, the physical relationship of the proposed use and structure to surrounding uses and structures, the probable hours of operation, and the emission of odors, fumes, dust, noise, vibration or glaring light.

(f)The following terms shall have the meanings set forth below:

(i)"Energy Generation" shall mean any facility, whether privately or publically owned, that produces energy from (i) renewable natural resources such as sunlight, wind, water, or geo-thermal heat; and/or (ii) the burning of non-toxic materials and/or biomass such as solid waste, trash, or plant materials; or (iii) the burning of natural gas or other clean burning fuels. This term shall not include gas or oil processing, drilling or manufacturing facilities or related impoundments.

(ii)"Energy Generation (Limited)" shall mean Energy Generation that: (a) is located on the zoning lot of the owner that will utilize the energy source for such owner's own use (the "Primary Beneficiary"); (b) is intended primarily to offset part or all of the Primary Beneficiary's energy requirements; (c) is secondary to the Primary Beneficiary's use of the property for other lawful purpose(s); and (d) does not emit vibrations, noxious odors, fumes or dust.

(iii)"Energy Generation" (General) shall mean all Energy Generation that is not Energy Generation (Limited) as defined above.

(g)Retail Sales and Services (General). Retail Sales and Services (General) shall be subject to the following additional criteria in Subdistrict 2:

(i)Such use shall not be permitted as the only use within a single building and shall be permitted only in conjunction with another permitted use or uses.

(ii)The square footage devoted to Retail Sales and Services (General) on any ground level of a single structure shall be limited to fifty thousand (50,000) square feet.

(iii)Such use shall be permitted to contain square footage in excess of fifty thousand (50,000) square feet, provided additional square footage for such use is not located on the ground level.

909.01.R.4 Parking

(a)Pursuant to Section 914.04, as hereby amended, the SP-11 District is a parking exempt area and the minimum off-street automobile parking spaces required in Section 914.02.A shall be decreased by one hundred (100) percent.

(b)Any applicant seeking off-street parking that is designated at all times as accessory parking to a principal use shall be permitted to supply no more than the number of off-street automobile spaces described as "Minimum Off-Street Automobile Spaces Required" for such use in Section 914.02.

(c)An applicant may exceed the maximums set forth in Section 909.01.R.4(b) above for off-street parking that is designated at all times as accessory parking to a principal use by obtaining special exception approval. Such approval shall be subject to the use standards set forth in Section 911.04.A.87(a)(1) and any applicant seeking special exception approval for excess off-street parking shall be required to provide evidence to the approving body that off-street automobile spaces in excess of the permitted number described at Section 909.01.R.4(b) above, cannot be integrated into a parking structure providing off-street parking spaces that are shared by multiple users.

(d)The parking ratios in Section 914.02.A shall not apply to parking structures or any use that seeks to provide off-street parking in a parking structure, provided that the parking spaces are shared by multiple users and are not designated at all times as accessory parking to a principle use.

(e)All applicants seeking Final Land Development Plan approval for any use shall be required to submit a parking demand analysis that complies with the provisions of Section 922.11.C.2(d). The parking demand analysis' original scope and final report must be approved by the City of Pittsburgh.

(f)Nothing herein shall be deemed to supersede the provisions of Section 914.02.C of this chapter.

909.01.R.5 Development Standards

(a)Compliance with Preliminary Land Development Plan

Development regulations within Sections 2-4 of the Preliminary Land Development Plan, as amended, are incorporated herein and compliance with such requirements shall be a prerequisite of approval of a Final Land Development Plan.

(b)Maximum First Floor Height

(i)All buildings within Subdistricts 2 and 3 shall have a maximum first floor height of eighteen (18) feet. For purposes of this Section, "first floor height" shall mean the vertical distance between the finished floor elevation located at ground level and the highest point of the ceiling.

(ii)The Zoning Administrator may allow additional first floor height if, in the discretion of the Zoning Administrator, such additional height does not diminish density appropriate to the site, and one (1) of the following two (2) criteria are satisfied: (a) the excess height is an integral part of an architectural feature of the building, such as a lobby, entrance, atrium, mezzanine, or other similar feature, or (b) the topography of a site results in a higher first floor height, provided that the first floor height where the building meets the highest grade of the site does not exceed eighteen (18) feet.

(iii)Additional maximum first floor height shall be allowed in accordance with the special exception procedures of Section 922.07 with the following standards:

(a)The specific function of the use of the first floor requires a greater height at ground level, such as Indoor Recreation and Entertainment use or Religious Assembly use;

(b)The form of the building complies with all PLDP design regulations;

(c)The building otherwise meets the minimum height requirements under Section 909.01.R.5(c); and

(d)The use of the ground floor is not designated to Retail Sales and Service; and

(e)Such additional height does not diminish density appropriate to the site.

(c)Height Standards

(i)Maximum Heights. All buildings or portions of buildings may have heights up to the maximum heights set forth below (each designated area marked with a lower case letter is referred to as a "Height Zone"):

(ii)Minimum Heights. All buildings throughout the SP-11 District shall be subject to the minimum heights set forth below:

(iii)The following table sets forth the minimum and maximum heights within each Height Zone as depicted in the above minimum and maximum height graphics:

(iv)Buildings shall be permitted to cross any Height Zone boundary (including boundaries within a particular Height Zone) provided each portion of any such building complies with the Height Zone requirements in which each respective portion of the building is located.

(v)For purposes of measuring minimum and maximum heights within the SP-11 Lower Hill Planned Development District, in addition to the exemptions from height standards set forth in Section 925.07.C, parapets and cornices shall not be counted towards the height of a building.

(vi)The height bonus permitted under Section 915.04.D for LEED certified buildings shall not be applicable to any portion of a building located within Height Zone a, b, c, e, g, h, k or j.

(d)Maximum Setbacks

(e)Minimum Building Depth

(f)Urban Open Space

(g)Notice

(h)Signage

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 8.                      The Pittsburgh Code, Title Nine, Zoning Code, Article V, Use Regulations, is hereby amended at Chapter 911, Section 911.02, Use Table, as follows:

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

 

Sidewalk Cafe means an establishment serving food and/or beverage on public sidewalk space.

 

 

 

 

 

 

A

A

A

A

 

A

A

 

A

A

 

P

P

P

 

P

A.54

 

 

 

Section 9.                      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.68 Reserved                      Sidewalk Cafe

Sidewalk Cafe uses shall be subject to the following standards:

(a)The public sidewalk shall be used for tables and chairs only, for use by customers; service equipment shall not be placed on the public sidewalk;

(b)The use shall be permitted provided that such use is accessory to an existing functioning restaurant which directly abuts the sidewalk or right-of-way to be utilized and is within the same frontage as the restaurant with which it is to be associated;

(c)The portion of the sidewalk or right-of-way to be used shall be no greater than one-half (½) of the space measured between the outside face of the curb and the property line. An unobstructed pedestrian passageway of no less than five (5) feet shall be provided between the curb and the cafe area.

(d)The sidewalk cafe area shall be separated from the designated pedestrian passageway by a removable barrier surrounding the perimeter. The height of the barrier shall be approximately three (3) feet and removed when the cafe is closed. The hole in the sidewalk shall be capped when the barrier is not in place. The barrier shall be of material and design in keeping with the character of the neighborhood;

(e)No obstruction shall be placed within eighteen (18) inches of the face of any curb, within five (5) feet of any fire exit, fire hydrant, or building corner;

(f)It shall be determined that the proposed cafe service will in no way endanger the health, safety or welfare of the public or be detrimental to surrounding property values; and

(g)The Certificate of Occupancy shall not be issued until a sidewalk encroachment document has been approved by the Department of Mobility and Infrastructure.