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File #: 2023-2197    Version: 1
Type: Ordinance Status: In Standing Committee
File created: 11/17/2023 In control: Commission - Planning Commission
On agenda: 11/20/2023 Final action:
Enactment date: Enactment #:
Effective date:    
Title: Ordinance amending and supplementing the Pittsburgh Zoning Code, Title Nine: Zoning, Article V: Use Regulations, Chapter 911-Primary Uses, 911.02- Use Table, and adding Section 911.04.A.102-Temporary Managed Community. (Sent to the Planning Commission for a report & recommendation on 12/5/23) (Initial Report & Recommendation received on 2/26/24)
Sponsors: Deborah L. Gross, Anthony Coghill
Indexes: PGH. CODE ORDINANCES TITLE 09 - ZONING
Attachments: 1. 2023-2197 Temporary Managed Community Use Table Amendment - Sheet1 (1)

Title

Ordinance amending and supplementing the Pittsburgh Zoning Code, Title Nine: Zoning, Article V: Use Regulations, Chapter 911-Primary Uses, 911.02- Use Table, and adding Section 911.04.A.102-Temporary Managed Community.

(Sent to the Planning Commission for a report & recommendation on 12/5/23)

(Initial Report & Recommendation received on 2/26/24)

 

Body

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

 

Section 1.                     The Pittsburgh Zoning Code, Title Nine: Zoning, Article V: Use Regulations, Chapter 911-Primary Uses, 911.02- Use Table is hereby amended as attached:

 

Section 2.                     The Pittsburgh Zoning Code, Title Nine, Article V, Use Regulations, is hereby amended at Chapter 911-Primary Uses, to include a new Section 911.04.A.102-Temporary Managed Community as follows:

Section 911.04.A.102 Temporary Managed Community

A. Intent and Purpose

The intent of this temporary use is to grant flexibility from building form and site design requirements for providers of temporary shelter for people who are experiencing homelessness or are at risk of becoming homeless.

B. Application

In all approved Zoning Districts, Temporary Managed Community uses are permitted subject to compliance with the following standards:

C. Duration of Zoning Permit

1. Permits for Temporary Managed Community uses shall be valid for a period of not more than 4 years. The 4-year permit validity period shall begin and be counted from the issue date of the Temporary Managed Community’s approved Temporary Certificate of Occupancy or Certificate of Occupancy.

2. After a Temporary Managed Community vacates a site, no additional zoning permits or renewals for a Temporary Managed Community may be issued at the subject site until an additional 4 years have passed from the vacation date.

D. Owner and Operational Requirements

1. The applicant shall be the Zone Lot owner(s) or have written approval of the owner(s) of the subject Zone Lot.

2. The operator of a Temporary Managed Community shall be a non-profit organization, a government entity, or a quasi-governmental entity.

3. An operational plan shall be submitted with the application for a zoning permit. The Zoning Administrator shall establish minimum requirements for the operational plan.

E. Permit Requirements

1. A community meeting hosted by the City of Pittsburgh must be held before the zoning application is approved.

2. The following must be provided before approval for a zoning permit:

a. A written record of the meeting;

b. A summary of any follow-up plans with the community.

c. A site plan demonstrating compliance with siting and design standards of Section 911.04.A.102

d. Documentation of Owner and Operational Requirements set forth in Section  911.04.A.102

4. Zoning permits to establish or renew a Temporary Managed Community use shall run with the land for the duration of the permit.

5. A new operator of an established Temporary Managed Community use shall:

a. Provide evidence to the Manager that the operator meets all requirements of Section 911.04.A.102; and

b. Participate in a community meeting hosted by the City of Pittsburgh.

F. Site Design Requirements

The following building form standards shall apply to all temporary structures associated with the Temporary Managed Community use:

1. A zoning permit for a Temporary Managed Community allows construction or relocation of temporary structures on the zone lot. The use may be located wholly or partially within an existing permanent structure, but new permanent structures are not permitted to establish this use.

2. Side Interior, Side Street and Rear setbacks from zone lot lines (min) shall be 5 feet.

3. Primary Street setbacks in all applicable zone districts shall be the least setback required for any primary building form permitted on the subject zone lot, not including any permitted setback encroachments.

4. Required minimum setbacks shall be open and unobstructed. Setback encroachments are permitted only where allowed for “All Building Forms” in the applicable zone districts.

G. Occupancy Standards

The following occupancy standards shall apply to all Temporary Managed Communities

1. A Temporary Managed Community shall have no more than 50 residents at any given time.

2. All residents of a Temporary Managed Community shall have access to either a temporary or permanent structure for use as a shelter.

3. All residents must have access to restroom and bathing facilities.

H. Residential Outdoor Storage

Residential Outdoor Storage is permitted with the Temporary Managed Community use. Any Residential Outdoor Storage shall comply with the following standards:

1. The storage of junk, waste, discarded, or salvaged materials, or items customarily associated with indoor use (e.g., upholstered furniture or indoor appliances), is prohibited.

2. Automobile parts and tools, equipment, and supplies used for automobile repair shall not be stored outdoors.

3. Heavy tools, equipment, and supplies typically used for commercial construction, such as backhoes, excavators, and stockpiles of brick, gravel, or lumber, shall not be stored out- doors, except when used in connection with on-site construction and only for the duration of the on-site construction.

4. No outdoor storage shall occur in the required minimum zoning setback.

H. Fences and Walls

Fences and Walls shall be governed by the following standards:

1. The maximum height when forward of any Primary Street facing Temporary Structure

shall be 4 feet.

2. Where additional privacy or security is required, the Zoning Administrator may permit the construction of a fence with a maximum height of 6 feet. Any 4-foot linear section of such over-height fence or wall shall be no more than 75 percent solid over its entire area.

3. All fences or walls taller than 4 feet shall require a zoning permit, and shall expire on the same date as the permit for the related Temporary Managed Community.

I. Accessory Uses

Accessory Uses are prohibited, except that a sleeping unit in a Temporary Managed Community may be treated as a dwelling unit for the allowance of the following Accessory Uses:

1. Garden, according to Section 912.02.

2. Urban Agriculture with No Animals according to 912.07.A

3. Dumpsters according to 912.04.H

J. Use Permit Application and Review

Following the required community meeting and submittal of a complete zoning permit application, the Zoning Administrator shall review the application according to the procedures in Section 922.04.