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Ordinance amending and supplementing the Pittsburgh Code of Ordinances, Title Nine: - Zoning Code, Article VII. - Review and Enforcement, Chapter 922: - Development Review Procedures, to augment the approval process for certain site plans required under the Zoning Code.
(Sent for a Report and Recommendation to the Planning Commission)
(Needs to be held for a Public Hearing)
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WHEREAS, the Act of March 31, 1927, P.L. 98, No. 69, also known as Act 69 of 1927 (“Act 69”) and the Zoning Law for Cities of the Second Class, 53 P.S. § 25051, et. seq., authorized the city to regulate the use of lots and buildings; and,
WHEREAS, Act 69 vested in City Council the power, by ordinance, to establish and, when desired, alter the regulations for the use of lots and buildings; and,
WHEREAS, Act 69 requires City Council to “provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced, and, from time to time, amended, supplemented or changed.” And further, that “Such regulations, restrictions and boundaries may, from time to time, be amended, supplemented, changed, modified or repealed.”
WHEREAS, Council desires to amend the development review process to provide for Council review of and approval of site plans when Council determines that the issue is one of community significance; and,
WHEREAS, Council intends to do so in a manner that respects the procedural and substantive due process rights of all parties.
Be it therefore resolved that the Council of the City of Pittsburgh hereby enacts as follows:
Section 1. The Pittsburgh Code of Ordinances, Title Nine: - Zoning Code, Article VII. - Review And Enforcement, Chapter 922: - Development Review Procedures is hereby amended as follows:
922.01.D Site Plans
Every application requiring a Site Plan shall locate existing and proposed improvements and graphically demonstrate existing and proposed natural, man-made and legal features on the parcel of the subject development. Site Plans shall be drawn neatly and to scale, using such a scale that all features required to be shown on the plans are readily discernable and shall be submitted on individual sheets of paper no larger than eight and one-half (8.5) inches by fourteen (14) inches. Very large developments may require that plans show the development in sections to accomplish this objective without resorting to plans that are so large as to be cumbersome, or the objective may be accomplished by using different plans or plans drawn to different scales to illustrate different features. In all cases, the Zoning Administrator shall make the final determination as to whether the plans submitted are appropriate. Nothing shall preclude the Zoning Administrator from waiving any of the requirements of Section 922.01.D.
922.01.D.1 Simplified Site Plan
Simplified Site Plans shall be required for the purpose of identifying the intended use or occupancy of a particular lot, the construction or alteration of all accessory structures as defined by Chapter 912.01, or for all extensions and additions to existing primary structures less than 2400 square feet in area, and shall accurately show, as a minimum, the following information:
1.Name of property owner;
2.Date of preparation;
3.Existing and proposed property lines with dimensions identified;
4.Name of development, if applicable;
5.North arrow;
6.Dimensions of lot measured in accordance with Chapter 925, including the square footage of every new lot created by a new subdivision;
7.Name of all streets and ways upon which the lot is located;
8.Street address;
9.The location, height, and dimension of existing and proposed structures including stoops, porches, chimneys, signs, light fixtures and garbage cans or dumpsters, as well as the distances such features are set back from property lines, streets, or street right-of-way lines;
10.The location, height, and dimension of existing and proposed vehicle accommodation areas including parking areas and loading areas as regulated by Chapter 914, all designated by surface material with distance from buildings and property lines indicated;
11.The location and dimension of existing and proposed driveways and vehicle circulation areas including direction of travel lanes and aisles as regulated by Chapter 914, and curb cuts, all designated by surface material;
12.Existing or proposed plantings or other devices constructed to comply with the screening and landscaping requirements of Chapter 918, labeled by common or scientific name, with the distance between plantings and height and width at the time of planting and at mature growth indicated;
13.The location and dimension of areas to remain as usable open space;
14.The location, height, and dimension of existing and proposed above ground and underground utility lines and other facilities including water, sewer, electric power, telephone, gas, and cable television and other easements;
922.01.D.2 Detailed Site Plan
Detailed Site Plans shall be required for the construction or alteration of all principal structures above two thousand four hundred (2,400) square feet in area and all signs as regulated by Chapter 919 and shall accurately show, as a minimum, the following information:
1.All information required for a Simplified Site Plan;
2.The seal of a registered surveyor, engineer or architect;
3.The location of the property in the broad context of the City on a location map;
4.The width of all existing and proposed rights-of-way (streets and ways) upon which the lot is located;
5.The lot number of the subject property and of the abutting lots (if not in a plan of lots, show the block and lot numbers from the Allegheny County Lot and Block system);
6.The name of the Plan of Lots and the Recorded Plan Book Volume and Page;
7.Existing contour lines shown as dotted lines and proposed contour lines resulting from earth movement shown as solid lines with no larger than two-foot contour intervals;
8.The location and type of existing and proposed street fixtures including but not limited to utility poles, street lights, traffic signals and signs, parking meters, fire hydrants and sewer basins;
9.Facade elevations for new buildings or exterior remodeling of existing buildings, and all proposed exterior signs as regulated by Chapter 919, showing heights and lengths as regulated by Chapter 925;
10.The location, height and dimension of all existing and proposed recreational areas, with each area designated as to type of use;
11.The location and dimension of existing and proposed useable open space, with clear indication of whether such open space is intended to be offered for dedication to public use or to remain privately owned;
12.The use made of adjoining properties that lie within fifty (50) feet in any direction of the lot where development is to take place by reference to the Use Table (Chapter 911.02);
13.Existing and natural features including but not limited to the tree lines of wooded areas, individual trees eighteen (18) inches in diameter or more identified by common or scientific name, orchards or other agricultural groves identified by common or scientific name, streams, ponds, drainage ditches, swamps, boundaries of floodways and floodplains;
14.Base flood elevation data;
15.Existing and proposed streets, private roads, sidewalks, and other walkways, all designated by surface material;
16.Existing and proposed curbs, curb inlets, gutters, drainage ditches, and gates, and all storm water and drainage facilities including manholes and pipes.
922.01.D.3 Documentation and Written Information in Addition to Plans
In addition to the written application and the plans, whenever the nature of the proposed development makes information or documents such as the following relevant, such documents or information shall be provided. The following is a representative list of the types of information or documents that may be requested by the Zoning Administrator:
1.Documentation confirming that the applicant has a legally sufficient interest in the property proposed for development to use it in the manner requested, or is the duly appointed agent of such a person;
2.Certifications from the appropriate agencies that proposed utility systems are, or will be, adequate to handle the proposed development and that all necessary easements have been provided;
3.Detailed description of play apparatus or other recreational facilities to be provided in miniparks;
4.Legal documentation establishing homeowners associations or other legal entities responsible for control over required common areas and facilities;
5.Successful application for a Certificate of Appropriateness as necessary by the Historic Review Commission for properties located in all Local Historic Districts;
6.Successful application for a curb cut permit as required by the Department of Mobility and Infrastructure;
7.Verification from the Department of Mobility and Infrastructure that a street address has been assigned for new construction or for any use of land where a new street address is necessary;
8.Verification that uses of the Zoning Code will meet the performance standards set forth in Chapter 915, 916 and 917. Such verification shall be made by a licensed engineer or other qualified expert unless it is utterly apparent to the Zoning Administrator, from the nature of the proposed development, that such expert verification is unnecessary;
9.Time schedules for the completion of phases in staged development;
10.The environmental impact of a development, including its effect on historically significant or ecologically fragile or important areas, and its impact on pedestrian or traffic safety or congestion.
922.01.D.4 Number of Copies of Plans and Documents
With respect to all plans and other documents required by this ordinance, the developer shall submit the number of copies that the Zoning Administrator deems necessary to expedite the review process and to provide necessary permanent records
(Ord. 45-2003, § 12, eff. 12-31-03; Ord. No. 22-2011, § 1, eff. 11-2-11; Ord. No. 2-2018, § 30, eff. 2-15-18)
922.02.I Pending Zoning Map and Text Amendments
During the consideration of any bill introduced before the City Council to amend this ordinance in part, without replacing all of its provisions, and until such bill is either enacted or rejected according to law, the Administrator and other city officials and bodies shall take no action upon any application for Certificate of Occupancy filed to obtain approval of a use or other matter that would be forbidden by such proposed amendment if enacted.
922.04. Site Plan Review.
This section sets out the procedural requirements for Site Plan Review and approval.
922.04.A Applicability
The Site Plan Review procedures of this section shall apply to:
1.Any new construction, building addition or enlargement or exterior renovation of an existing structure in the NDO, LNC, NDI, UNC or P district on a lot that has an area of two thousand four hundred (2,400) square feet or more;
2.Any new construction or building addition or enlargement or exterior renovation of an existing structure in the HC, UI or GI district on a lot that has an area of eight thousand (8,000) square feet or more;
3.Any off-street parking area in NDO, NDI, LNC, UNC, UI or P district that includes more than ten (10) parking spaces or more than two thousand five hundred (2,500) square feet of surface area;
4.Any construction (includes additions and rehabilitations) in the H district;
5.Any new construction, enlargement or renovation of a multi-unit residence of four (4) or more units; and
6.Any development requiring Site Plan Review listed in Section 911.04 - Use Standards.
Although site plans may be required with applications for other forms of development approval (e.g., Conditional Uses or Special Exceptions), those plans shall be reviewed in accordance with the respective development review procedure. When site plans are reviewed in conjunction with other forms of development approval, separate site plan review under the procedures of this section (Sec. 922.04) shall not be required.
(Ord. 25-2001, § OOO, eff. 11-30-01; Ord. 35-2002, § 1E, eff. 12-3-02; Ord. 45-2003, § 14, eff. 12-31-03)
922.04.B Application
A complete application for Site Plan approval shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator, along with a nonrefundable fee that has been established to defray the cost of processing development applications. No application shall be processed until the Zoning Administrator determines that the application is complete and the required fee has been paid.
922.04.B.1 Notification to City Council of Applications Filed
a. Notwithstanding any contrary provision in the Zoning Code or Pittsburgh Code of Ordinances, within three (3) business days of the Zoning Administrator’s determination that any application, filed pursuant to this Chapter, which is subject to Section 922.01.D.2 (relating to detailed site plans) which is subject to review and approval under Section 922.04 (relating to site plan review), Section 922.10 (relating to project development plans) or 922.11 (relating to planned developments), is complete, the Zoning Administrator shall notify and transmit a copy of said application along with all documents and materials submitted, to the member or members of City Council in whose or which district or districts, as the case may be, the land(s) and/or structure(s) is(are) situate. This subsection shall not apply where the application is for the construction, alteration or development of a structure and/or of a lot that has an area less than eight thousand and one (8,001) square feet, or for any application required to be filed under Chapter 919 (relating to signs) of the Zoning Code.
b. Notwithstanding any contrary provision in the Zoning Code or Pittsburgh Code of Ordinances, if the said member or members of City Council, as the case may be, notify(ies) the Zoning Administrator of their determination that said application implicates a significant community concern within fourteen (14) days of receipt of the notification required by 922.04.B.1(a), the procedures set forth in Section 922.05 (relating to map and text amendments), with the exception of Section 922.05.D (relating to hearing and action by the Planning Commission), shall exclusively govern the approval or denial of the application. The Zoning Administrator, upon receipt of the notification, shall immediately send written notice to all interested parties. If the Zoning Administrator does not receive the notification within the period required by this subsection, the procedures set forth in Sections 922.04.C, 922.10 or 922.11, as the case may be, shall govern[.], and subsection 922.04.B.1(c) shall not apply.
c. The Planning Commission shall hold a public hearing on the application. The Commission shall act to recommend approval, approval with conditions or denial of the application within sixty (60) days of the receipt of the completed application. The Commission shall rely upon the review criteria set forth in Sections 922.04.E, 922.10.E.2 or 922.11.B.3, as applicable, in rendering its recommendation. The Commission's recommendations shall be in writing. Where the Commission fails to render said recommendation within the period required by this subsection, the decision shall be deemed a recommendation of approval of the application.
d. The Zoning Administrator shall promulgate any forms required to effectuate this Section.