City of Pittsburgh, PA Development Review Procedures

§ 922.01 General Requirements for All Procedures.

[Ord. 45-2003, § 12, eff. 12-31-2003; Ord. No. 22-2011, § 1, eff. 11-2-2011; Ord. No. 2-2018, § 30, eff. 2-15-2018; Ord. No. 37-2021, § 37, eff. 10-14-2021]

The general requirements of this section shall apply to all development review procedures, unless otherwise indicated.

Applications and Fees.

Applications for any action under this Code shall be submitted on forms provided by the department head responsible for accepting the application and in such numbers as required. Applications shall be accompanied by a non-refundable fee established by the process set forth in Chapter 170 of the City Code. Fees shall not be required with applications initiated by the Planning Commission or City Council, or if participating in the One Step Program : when one (1) step or unusable ramp is being replaced in front of one of the following types of facilities by a ramp or sidewalk modification to make the facility more accessible for persons with disabilities:

An indoor recreation and entertainment facility;

A restaurant;

A retail sales and service facility as defined in Chapter 911 of Title 9 of the Pittsburgh Code at Section 911.02 and Section 911.04;

A facility providing laundry services as defined in Chapter 911 of Title 9 of the Pittsburgh Code at Section 911.02 and Section 911.04;

A vehicle/equipment sale or repair facility as defined in Chapter 911 of Title 9 of the Pittsburgh Code at Section 911.02 and Section 911.04;

A retail nursery;

A grocery store;

A firearms business establishment as defined in Chapter 911 of Title 9 of the Pittsburgh Code at Section 911.02 and Section 911.04;

A check cashing facility;

A pawn shop.

Plans for modifying the storefront following removal of the step or unusable ramp shall comply with the latest version of the ICC/ANSI A117.1 Code. Any application that does not include required information or that is not accompanied by the required fee shall be returned to the applicant as incomplete and no further processing of the application shall occur until the deficiencies are corrected.

Hearings. The requirements and limitations of this section shall apply to all hearings held pursuant to this chapter.

Limitations on Action. The body holding the hearing may take any action on the application that is consistent with the notice given, including approving such application, approving the application with conditions, approving in part, denying in part, or denying the application. The reviewing body may impose conditions on the application or allow amendments to the application if the effect of the conditions or the amendments is to allow a less intensive use or zoning district than proposed on the application or to reduce the impact of the development or to reduce the amount of land area included in the application. The review body may not approve a greater amount of development, a more intensive use or a more intensive zoning district than was indicated in the notice.

Continuance of Hearing. A hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this chapter, provided that the hearing is set for a date and time certain.

Notices. The requirements and limitations of this section shall apply to all notices required by this chapter to be given by or on behalf of the Council, Planning Commission, Zoning Board of Adjustment, or the Zoning Administrator. The provisions of this section describe the various types of notices that are required for different types of applications. The actual type of notice required for a given application is specified under the relevant review procedure of this chapter.

Mailed Notice. Notice required pursuant to this section shall be mailed to all abutting property owners, including those across streets or ways, based on ownership information available from the Allegheny County Board of Property Assessment, Appeals and Review. Notices shall also be mailed to Registered Neighborhood Associations and the official clerk or secretary of any other political subdivision within the required radius of notification. The notice shall indicate the time and place of the public hearing and provide a general description of the application. The minimum radius of notification and number of notices shall be as set forth for each type of approval below. The timing of the mailed notice shall be as indicated in this chapter.

Posted Notice. Notice required pursuant to this section shall be posted on weatherproof signs and placed on the property that is the subject of the application. At least one (1) sign shall be posted for each one hundred (100) feet of street frontage up to a maximum of ten (10) signs. Required signs shall be placed along the perimeter of the subject property in locations that are clearly legible from adjacent public streets. Required signs shall indicate the time and place of the public hearing, if appropriate, and provide a general description of the application. The timing of the posted notice shall be as indicated in this chapter. The applicant shall submit a photograph of the sign posted on the property to evidence compliance with the posting requirement.

Constructive Notice. Notice under this Code shall be deemed to be complete and in compliance with applicable requirements when there is substantial compliance with applicable notice requirements. Minor technical deviations from the requirements shall not be deemed to impair the notice where there is actual notice. When required written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing and the general location of the subject property shall be strictly construed. In the event that questions arise at the hearing regarding the adequacy of notice, the body hearing the matter shall make a formal finding regarding whether there was substantial compliance with the notice requirements of this chapter.

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.

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 Section 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:

Name of property owner;

Date of preparation;

Existing and proposed property lines with dimensions identified;

Name of development, if applicable;

North arrow;

Dimensions of lot measured in accordance with Chapter 925, including the square footage of every new lot created by a new subdivision;

Name of all streets and ways upon which the lot is located;

Street address;

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;

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:

All information required for a Simplified Site Plan;

The seal of a registered surveyor, engineer or architect;

The location of the property in the broad context of the City on a location map;

The width of all existing and proposed rights-of-way (streets and ways) upon which the lot is located;

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);

The name of the Plan of Lots and the Recorded Plan Book Volume and Page;

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;

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;

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 (Section 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.

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:

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;

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;

Detailed description of play apparatus or other recreational facilities to be provided in miniparks;

Legal documentation establishing homeowners associations or other legal entities responsible for control over required common areas and facilities;

Successful application for a Certificate of Appropriateness as necessary by the Historic Review Commission for properties located in all Local Historic Districts;

Successful application for a curb cut permit as required by the Department of Mobility and Infrastructure;

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;

Verification that uses of the Zoning Code will meet the performance standards set forth in Chapters 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;

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.

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.

§ 922.02 Record of Zoning Approval and Certificate of Occupancy.

[Ord. 45-2003, § 13, eff. 12-31-2003; Ord. No. 59-2021, § 1, eff. 12-27-2021; Ord. No. 4-2024, § 5, eff. 2-27-2024]

Applicability.

A Record of Zoning Approval shall be required for all development subject to the regulations of this Code as described in Section 922.02.A.1 whether or not a Certificate of Occupancy shall be required according to Section 922.02.A.2.

A Certificate of Occupancy shall be required for the lawful use or occupancy of all lands, structures or premises, or parts thereof as described in Section 922.02.A.2 whether or not a Record of Zoning Approval shall be required according to Section 922.02.A.1.

Record of Zoning Approval. A Record of Zoning Approval shall be required for all Development subject to the regulations of this code, except that the following actions may be exempted from obtaining a Record of Zoning Approval, unless located within a Chapter 906 Environmental Overlay District. Exempted actions still subject to enforcement for compliance with all relevant requirements within this code:

Signs no larger than four (4) square feet;

Interior renovations that do not result in a change of use in accordance with the use provisions of Chapter 911;

Retaining walls no taller than four (4) feet;

Prefabricated swimming pools accessory to a Single-Unit Residential or Two-Unit Residential dwelling that are less than twenty-four (24) inches deep;

One (1) story, detached accessory structures used as storage sheds, or similar unoccupied structures, provided the floor area does not exceed one hundred twenty (120) square feet in area, accessory to a Single-Unit Residential or Two-Unit Residential dwelling;

Swings and other playground equipment accessory to a Single-Unit Residential or Two-Unit Residential dwelling; and

Accessory in-home Child Care for 3 or few children where the home is the primary residence of the Child Care provider.

Certificate of Occupancy. A Certificate of Occupancy shall be required for the lawful use or occupancy of all land, structures or premises, or parts thereof, in all of the following circumstances:

Major Excavation/Grading/Fill as defined in Section 911.02 (Use Table);

A new or changed use of land or new or changed use of structure except for the noncommercial cultivation of plants and plantings;

A structure hereafter erected, altered or enlarged except for the following:

Interior renovation that does not result in a change of use in accordance with the use provisions of Chapter 911;

Exterior renovation that does not alter the footprint or exterior dimensions of an existing structure;

Concrete on grade, including but not limited to patios, steps and driveways, but not including vehicle parking.

The erection, enlargement or reconstruction of a sign or sign structure, except signs that do not exceed four (4) square feet in area; and

Continuation of a nonconforming use and/or nonconforming structure.

Initiation. An application for a Record of Zoning Approval and/or a Certificate of Occupancy may be filed by the owner of the subject property or the owner's agent.

Application.

A complete application for a Record of Zoning 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 deemed complete and the required fee has been paid.

Each application for a Record of Zoning Approval shall be accompanied by plans as deemed necessary by the Zoning Administrator, to accurately assess compliance with the provisions of this code;

Where complete and accurate information is not readily available from existing records, the Zoning Administrator may require the applicant to furnish a survey of the lot by a registered engineer or surveyor.

Each property owner or authorized agent shall be required to attest to the correctness of the statements and add data furnished with the application.

A file of applications and plot plans shall be kept in the office of the Zoning Administrator.

Any Certificate of Occupancy application requiring Site Plan Review, Variances, Special Exception, Project Development Plan, Final Land Development Plan, or Conditional Use approval shall not be approved until the noted approval has been granted.

An application shall be deemed to be complete when all applicable plans, studies, reports and worksheets are submitted in a full and legible format with sufficient details of the proposed development to allow all reviews to be executed as required by the Zoning Administrator given the location and proposed scope of work.

Timing of Application. An application for a Record of Zoning Approval shall be submitted at the following times:

At the time of a proposal for development, and prior to an application for a building permit pursuant to the provisions of the Building Code, or simultaneously with the application for a building permit for certain scopes of work and circumstances as defined by the Zoning Administrator;

At the time of a proposed change in use of land or structure;

Prior to the issuance of any permit for major excavation/grading/fill or for excavation for or erection of a structure or part thereof.

Or as otherwise determined by the Zoning Administrator as necessary based on the scope and type of the Application.

Permits and Inspections.

Issuance of Records of Zoning Approval and Certificates of Occupancy.

Records of Zoning Approval shall be issued only after the application has been approved by the Zoning Administrator with regard to compliance with the zoning ordinance.

Certificates of Occupancy shall be issued by the Building Code Official (BCO) of the Department of Permits, Licenses, and Inspections only after the application has been approved by the Zoning Administrator with regard to compliance with the Zoning Ordinance, and the Building Code Official (BCO) of the Department of Permits, Licenses, and Inspections is satisfied that the use or physical improvement is completed according to the approved application and the provisions of the Building Code and Zoning Code.

Building Code Permits. Approval of a Record of Zoning Approval shall be required prior to the issuance of any building code permit unless the scope of work is exempted in accordance with Section 922.02.A.1 or similar exemptions to limited scopes of work as defined by the Zoning Administrator and the Building Code Official (BCO) of Permits Licenses and Inspections.

Inspections. The Department of Permits, Licenses, and Inspections shall inspect the physical improvements for the purpose of determining compliance with the Record of Zoning Approval and/or Certificate of Occupancy application and the Building Code Permit.

Temporary Certificate of Occupancy. A Temporary Certificate of Occupancy may be authorized by the Zoning Administrator and issued by the Building Code Official (BCO) of the Department of Permits, Licenses, and Inspections only in the following cases:

During the completion of alterations or during partial occupancy of a duly permitted structure pending its completion, a Temporary Certificate of Occupancy may be issued. Such temporary certificates shall not be construed as altering the rights, duties or obligations of either the owners or the City with respect to the use or occupancy of the premises in question, or in any matter within the purview of this Zoning Code. The temporary certificate shall not be issued except under such restrictions and provisions as will adequately ensure safety of the occupants.; and

A Temporary Certificate of Occupancy may be issued for one-time special events on private property and shall be subject to review and approval by all agencies as deemed necessary based on the size and location of the event.

Filing. A paper or digital file of Certificates of Occupancy, Record of Zoning Approval, and Temporary Certificate of Occupancy shall be kept in the office of the Department of Permits, Licenses, and Inspections . A copy of all permits shall be shared with the Zoning Administrator when the permit is issued.

Lapse of Approval.

Records of Zoning Approval and Certificates of Occupancy Involving Physical Improvements. If the Record of Zoning Approval or the Certificate of Occupancy involves physical improvements that have not been substantially initiated within one (1) year of the date of approval or authorization approval of the application, the approval shall lapse. The approval shall also lapse if, after starting construction, the construction is discontinued for a period of one (1) year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to Section 922.02.H.3.

Certificates of Occupancy and Records of Zoning Approval Not Involving Physical Improvements. If the Record of Zoning Approval or the Certificate of Occupancy does not involve physical improvements, and a Certificate of Occupancy has not been issued within one (1) year of the date of approval or authorization, the approval shall lapse. No Certificate of Occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to Section 922.02.H.3.

Renewal in the Event of Lapse. The Zoning Administrator may renew the application for which approval has lapsed provided that no more than one (1) year has elapsed since the date of the original approval or, in the case of discontinuance of work, since the date of discontinuance. A lapsed application shall not be renewed more than once. Renewal shall be made by written statement without requiring the filing of a new application or plot plan. Renewal shall have the same effect as the original approval. If no renewal is granted with the one-year period allowed for renewals, the original approval shall be void and have no further effect.

Project Development Plan Approval. If an applicant submits an application to the Zoning Administrator for approval of a Record of Zoning Approval or Certificate of Occupancy more than three (3) years after the date of approval of the Project Development Plan, the Zoning Administrator may require that planning studies be conducted to determine the current impact of the proposed development on the neighborhood and on the City. The Zoning Administrator may choose to have the Planning Commission review the development as a new application in accordance the review criteria of Section 922.10.E.2 as per Section 922.10.E.1.

Pending Zoning Map and Text Amendments. Upon notice, in accordance with Section 922.01, of any bill introduced before the City Council or the Planning Commission 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 Zoning Administrator and other city officials and bodies shall take no action upon any application filed to obtain approval of a use or other matter that would be forbidden by such proposed amendment if enacted.

Revocation of Certificates of Occupancy. Where an application for Certificate of Occupancy has been approved for zoning by the Zoning Administrator, and an error nullifying the basis for such approval has been discovered prior to the issuance of the certificate, and where the Building Code Official (BCO) of the Department of Permits, Licenses, and Inspections has been so notified in writing by the Zoning Administrator, no Certificate of Occupancy shall subsequently be issued on such application until the error has been corrected. Where such error has been discovered subsequent to the issuance of the Certificate of Occupancy, upon written notification by the Zoning Administrator, the Building Code Official (BCO) of the Department of Permits, Licenses, and Inspections shall revoke such Certificate of Occupancy.

§ 922.03 Certificates of Zoning Classification.

[Ord. No. 17-2005, § 1, eff. 5-31-2005]

Applicability. A Certificate of Zoning Classification shall be required per laws of the Commonwealth of Pennsylvania.

Representations and Advertisements. No person shall advertise or make any oral or written representations that a property can be used in a manner that is inconsistent with the terms of this Zoning Code, unless such use of property shall have been duly certified by prior issuance of a certificate of occupancy for such use.

Initiation. An application for a Certificate of Zoning Classification may be filed by the owner of the subject property or the owner's agent.

Application. A complete application for an Certificate of Zoning Classification 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 certificate shall be issued until the Zoning Administrator determines that the application is complete and the fee has been paid.

Issuance of Certificates. Promptly upon receipt of a complete application, the Zoning Administrator shall issue a Certificate of Zoning Classification.

Transfer of Property Without Notice.

No person shall sell or assist in selling, assist in buying or lend money or enter into any financial arrangement, for the sale of any real estate, including single-unit dwellings, without requiring that a certificate evidencing zoning classification and compliance has been obtained as required by applicable Pennsylvania Statutes.

All sellers of property shall advise the purchaser of the legal use of such property, and shall deliver to the purchaser not later than at the settlement held for such property, a Certificate stating the legal use and zoning classification for such property.

No person shall advertise or make any oral or written representation that property can be used in a manner that is inconsistent with the terms of the Zoning Code, unless such use of the property shall have been duly certified by prior issuance of a Certificate of Occupancy for such use.

§ 922.04 Site Plan Review.

[Ord. 25-2001, § OOO, eff. 11-30-2001; Ord. 35-2002, § 1E, eff. 12-3-2002; Ord. 45-2003, § 14, eff. 12-31-2003; Ord. 45-2003, § 14, eff. 12-31-2003; Ord. 40-2005, §§ 1A, 1I, eff. 12-30-2005; Ord. 42-2005, § 31, eff. 12-30-2005; Ord. 18-2007, § 2, eff. 11-19-2007; Ord. No. 34-2021, § 1, eff. 10-11-2021]

This section sets out the procedural requirements for Site Plan Review and approval.

Applicability.

The Site Plan Review procedures of this section shall apply to:

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;

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;

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;

Any construction (includes additions and rehabilitations) in the H district;

Any new construction, enlargement or renovation of a multi-unit residence of four (4) or more units; and

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 (Section 922.04) shall not be required.

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.

Action by the Zoning Administrator.

Within fourteen (14) days of receiving a complete application, the Zoning Administrator may forward the application to the Planning Commission for recommendation of approval or denial based on the Site Plan Review Criteria of Section 922.04.E. The Zoning Administrator may also notify adjacent property owners of such action according to the Notice procedures of Section 922.01.C.

If the Zoning Administrator refers the completed application to the Planning Commission, the Zoning Administrator must take one (1) of the following actions within twenty-one (21) days of receiving the Planning Commission's recommendation:

Approve the Site Plan as submitted, in accordance with the Site Plan Review Criteria of Section 922.04.E;

Approve the Site Plan with conditions, in accordance with the Site Plan Review Criteria of Section 922.04.E;

Approve the Site Plan with changes recommended by the Planning Commission, in accordance with the Site Plan Review Criteria of Section 922.04.E;

Deny the application in accordance with the Site Plan Review Criteria of Section 922.04.E.

If the Zoning Administrator chooses to review the site plan, and not forward the application to the Planning Commission for recommendation, the Zoning Administrator will conduct his review and make a recommendation to the applicant based on the Site Plan Review Criteria of Section 922.04.E. The Zoning Administrator may also notify adjacent property owners of such action according to the Notice procedures of Section922.01.C.

Recommendation of the Planning Commission. The Planning Commission's role in the Site Plan Review process of this section is advisory only; only the Zoning Administrator is authorized to approve or deny site plan applications. The Commission shall recommend approval or denial of the Site Plan within sixty (60) days of forwarding by the Zoning Administrator. If the Commission does not act within sixty (60) days, the action shall be deemed to be a recommendation for approval.

Site Plan Review Criteria.

An application for Site Plan approval shall not be approved unless the Zoning Administrator determines that proposal complies with all applicable requirements of this Code and with all adopted plans and policy documents of the City. The Zoning Administrator may grant approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into complete compliance with this Code and adopted plans and policy documents. No Certificate of Occupancy or subsequent approval shall be granted until such time as any such conditions have been met.

The following standards shall apply for all Site Plan Review projects unless it is determined by the Zoning Administrator that the site contains conditions which prevent the use of these standards, or if the application of these standards would not be necessary to address the impacts of the projects on adjacent and abutting properties.

For all properties zoned UI, GI, and NDI, the following standards shall apply:

Orientation. It is recommended that the orientation of industrial buildings be toward the street parallel to the front property line. All building elevations that have entrances should be treated as facades (except loading docks to the rear).

Roof Forms and Materials. Mechanical equipment on roofs should be screened with a parapet wall.

Entrances and Windows. Entrances and windows should be placed in the main facade of the building.

Setback. Parking areas in industrial districts should not be located between the right-of-way and the building; however, the Zoning Administrator may permit limited parking between the right-of-way and the building provided that such parking is landscaped in conformance with a plan approved by the Zoning Administrator.

Service and Docking Facilities.

Service and docking facilities should be located on the side or rear of the building.

ii.

Service and docking facilities should be separate from the main circulation and parking functions.

iii.

All dumpsters should be screened on all sides exposed to street view and adjacent land uses. All dumpsters should be shown on the approved site plan.

iv.

Service and docking facilities should be easily accessible by service vehicles.

Service and docking facilities should be screened from the remainder of the project, adjacent land uses, and major thoroughfares.

Utilities/Mechanical/Outdoor Storage.

Utilities should be underground from R.O.W. to building to reduce visual clutter. If overhead electrical service is provided at the street, similar services can be provided to the building.

ii.

Screen mechanical equipment from the project and adjacent land uses.

iii.

Outdoor storage must be screened from the remainder of the project, adjacent land uses, and streets.

Streetscape. Create a landscaped edge outside of the right-of-way along the street.

For all properties zoned HC, the following standards shall apply:

Orientation.

All new buildings shall have consistent orientation and setbacks with adjacent buildings along the street.

ii.

While most new buildings are recommended to be horizontally oriented, clues should be taken from proximate structures' orientation.

iii.

A second aspect of orientation is how the major facade of a building relates to the street. It is recommended that in most cases the front facade should be parallel to the street while recognizing that there still may be the need for side or rear entrances to the building. These secondary elevations should also be designed as a facade if they serve as entrances.

Service Areas. All service areas shall be located to the "rear" of the building, away from primary views to the extent possible. If exposed to view, service areas shall be screened with landscaping and appropriate fencing.

Building Elevations.

Individual buildings shall be designed so that the width or length of any uninterrupted elevation facade is not greater than one and one-half (1½) times the height of the building. The use of fenestration patterns and traditional design elements is encouraged to provide relief to buildings over forty (40) feet in length or width. Expanses of "unbroken walls" over forty (40) feet shall be prohibited. Examples of such design elements are facade offsets, covered porticoes, recessed or projected entries, and other appropriate architectural features and details.

ii.

It is recommended to vary rooflines of new construction and rehabilitation to add visual interest and to break up the mass of the building.

Landscaping and Buffering.

Landscaping shall be required to add visual interest to open spaces, parking areas, and facades as well as to soften transition between buildings of differing heights and style.

ii.

Landscaping is required for all parking lots.

iii.

Buffering shall be required along the periphery of each individual site. Street trees shall be required along the street edge of the primary access road. Clustering of smaller trees is encouraged throughout the developed area.

Walls and Fences. Walls and fences shall be uniform and compatible with architectural style, color, and building material. Appropriate materials include iron grating, wood, stone, or brick. No chain link or stockade fencing will be permitted. Walls greater than forty (40) feet in length shall incorporate some form of visual relief, including, but not limited to, pattern breaks, varying wall construction, vertical features such as columns, differing construction materials, or a combination of the above.

Signs. A comprehensive sign package shall be submitted at the time of application. This shall include any proposed directory signs, free-standing signs, and/or all proposed facade signs. Signs shall comply with the sign ordinance.

Parking. Rear and side yard parking is encouraged. All parking areas shall include interior landscaping.

For all properties zoned UNC, LNC, and NDO, the following standards shall apply:

Build-To Line. All new construction and/or enlargements shall maintain a sixty-five (65) percent building frontage along the established build-to line. Properties on corner lots shall maintain a sixty-five (65) percent building frontage on the primary frontage and shall maintain a fifty (50) percent building frontage on the secondary frontage.

Ground-Floor Transparency. 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 or shall include commercial-type windows and door openings.

Doorways and Entrances. All primary structures shall provide a prominent and highly visible street level doorway or entrance on all facades of the building which front on a street. Main entrances to buildings should be emphasized using larger doors and framing devices such as deep overhangs, recesses, peaked roof forms and arches. To the maximum extent feasible, the entrance shall face a public street.

Building Design. Varied building designs that avoid long, flat facades are required. Buildings must consider the project's siting, massing, proportions, scale, facade treatment and materials in relationship to the surrounding architectural context. Continuous linear strip development is discouraged except in highway locations.

Parking Areas. In addition to the Parking regulations of Chapter 914, the following standards shall apply to all off-street parking areas:

No parking spaces shall be located between the front building facade and the front lot line. No corner lot shall be used as off-street parking unless the parking area serves as a shared parking area.

ii.

Off-street parking spaces may be located on the side of buildings, provided that the facade of the building facing the parking area is transparent between the height of three (3) feet and eight (8) feet above parking area grade for no less than thirty (30) percent of the horizontal length of the building facade.

Transportation Analysis. When determined necessary by the Zoning Administrator, a Transportation Analysis shall be submitted for a project in relation to street capacity, intersection classification, existing and projected traffic volumes and reasonable alternatives that will enable increased traffic to be directed away from residential areas and congested areas.

For all properties zoned other than those districts listed above or uses specifically required by the Code to undergo site plan review, the following standards shall apply:

Use, Scope, and Intensity. When determined by the Zoning Administrator, the applicant shall provide sketches, exhibits, and other materials to illustrate and quantify the character and site-related impacts of the proposed development.

Site Design. Layout design should be guided by such factors as the topography of the site, privacy, building height, orientation, daylight needs, drainage, and views.

Building Design. The Zoning Administrator will consider the following guidelines when reviewing building design: harmony of design, creativity and diversity of design, massing, orientation, scale, and materials.

Landscape Plan. The landscape design should recognize and make use of the various functions served by landscaping: aesthetic function, architectural function, engineering function, and climatological function.

(Reserved)

For all properties and uses that contain a new structure with a footprint area in excess of fifty thousand (50,000) square feet and are specifically required by the Code to undergo site plan review the following standards shall apply:

Ground-Floor Tenant Space. The street level facade shall be lined with space suitable for lease to individual commercial operations for no less than sixty (60) percent of the horizontal length of the building facade facing the primary street and forty (40) percent of the horizontal length of the building facades facing secondary streets. Each individual commercial space shall have an independent entrance and signs on the exterior of the structure.

Ground-Floor Transparency. The street level facade shall be transparent between the height of three (3) feet and eight (8) feet above the walkway for no less than seventy (70) percent of the horizontal length of the building facade facing the primary street and forty (40) percent of the horizontal length of the building facades facing secondary streets.

Upper-Floor Transparency. The building facades facing the primary and secondary streets above the street level floor shall be transparent at each floor level for no less than twenty-five (25) percent of the horizontal length of the upper floor facade.

Doorways and Entrances. All primary structures shall provide a prominent and highly visible street level doorway or entrance on the facade of the building which fronts along a primary or secondary street. Doorways or entrances situated on corners of structures may face both parking areas and the primary or secondary street; otherwise, the doorway or entrance shall not face a parking area. Main entrances to buildings should be emphasized using larger doors and framing devices such as deep overhangs, recesses, peaked roof forms and arches.

Building Height. All primary structures shall be no less than forty (40) feet in height and shall not be less than two (2) stories.

Service and Docking Facilities. All waste removal and storage areas, loading docks and service yards shall not be located along a facade facing a primary or secondary street and shall be entirely enclosed within the primary structure. Such facilities shall be separated from the main circulation and parking functions.

Utility and Mechanical Equipment.

Utilities shall be underground from R.O.W. to building.

ii.

All utility equipment including but not limited to meters, transformers and electrical switches shall not be visible from a property line, parking area or customer entrance or should be located inside of the principal structure except where specifically prohibited by the utility.

iii.

Roof mounted mechanical equipment shall be located such that is not visible from a point six (6) feet above grade within one hundred. (100) feet of the structure on which it is mounted.

Sidewalks. Sidewalks shall be provided which are a minimum of fifteen (15) feet in width at the perimeter of the lot facing the primary street and a minimum of twelve (12) feet in width at the perimeter of the lot facing the secondary streets. Sidewalks shall be a minimum of ten (10) feet in width when provided for pedestrian circulation in parking areas and between ROW and customer entrances.

Lot Line. All new construction and/or enlargements shall maintain a eighty (80) percent building frontage along each exterior lot line facing a primary or secondary street.

Parking Requirements.

Surface parking shall be permitted for no more than three hundred (300) spaces except in the GT, DR, EMI and SP Districts, where surface parking shall be permitted for no more than one hundred fifty (150) spaces.

ii.

All parking in excess of three hundred (300) spaces shall be structured except in the GT, DR, EMI and SP Districts, where all parking in excess of one hundred fifty (150) spaces shall be structured.

iii.

Surface parking areas shall be designed by a registered landscape architect.

iv.

Landscaping in surface parking areas shall include one (1) tree for every for every five (5) parking spaces and one (1) additional tree at the termination of each row of spaces.

No more than five (5) contiguous parking spaces shall be permitted in surface parking areas.

vi.

Where rows of parking spaces face one another a four-foot landscaped area shall be required between rows.

vii.

Planting areas not separated by vehicular aisles shall abut.

viii.

A planting area of not less than eight and one-half (8.5) feet in width and nineteen (19) feet in length shall be provided for each tree.

ix.

Tree planting areas shall be protected by raised curbs.

Trees shall be of the large canopy variety.

xi.

Tree selection and placement shall be reviewed by the City Forester.

xii.

Light poles and fixtures shall be metal-halide and shall comply with the City of Pittsburgh Downtown Standard.

xiii.

Pedestrian aisles shall be provided to connect parking areas with the primary structure. Pedestrian aisles shall be clearly demarcated.

Building Materials. Exterior finish materials shall be of enduring quality. Synthetic stucco, concrete block and simulated wood products may not be used as primary exterior finish materials.

Storm Water Management. A Stormwater Management Site Plan shall be submitted in accordance with Title 10: Building, Chapter 1003: Land Operations Control and Title 13: Stormwater Management, as applicable.

Natural Features. The development shall minimize negative impacts on existing natural features and shall be designed so as to be compatible with natural features that are retained.

Additional Information. When determined by the Zoning Administrator, any additional information specific to the proposed use as deemed necessary by the Zoning Administrator or Planning Commission for adequate site plan review.

Conformance with Plans and Policy. Projects are required to be compatible and conform to any master plan, comprehensive plan or development strategy approved by the Planning Commission.

Notice of Decision. The Zoning Administrator shall, within five (5) business days of the decision on a site plan matter, give notice of such decision to the applicant.

Revisions to Approved Site Plans. The Zoning Administrator may approve minor amendments to approved Site Plans without the refiling of a new application. Nothing shall preclude the Zoning Administrator from approving minor amendments.

Expiration of Approved Site Plans. The release of a site plan shall expire if the applicant or the applicant's successor in interest fails to commence construction of one (1) or more of the improvements shown on the released site plan within one (1) year of the date that the site plan was released.

§ 922.05 Zoning Map and Text Amendments.

[Ord. 21-2002, § 24, eff. 6-18-2002]

Any amendment to the zoning district boundaries shown on the Zoning District Map or to the text of this Zoning Code shall follow the procedures set forth in this section.

Authority to File Applications. The Planning Commission or the City Council may initiate a Zoning Map and/or Text Amendments with or without an application from the property owner.

Initiation.

Text Amendments. An application for an amendment to the text of this Code may be proposed by the Planning Commission or City Council.

Map Amendments. An application to amend the boundaries of the Zoning District Map may be proposed by the City Council, the Planning Commission, the owner of the subject property or the owner's agent.

Notice. Promptly upon determining that an application is complete, the Zoning Administrator shall schedule public hearing dates before the Planning Commission, notify the applicant of the hearing dates and give at least twenty-one (21) days notice of the Planning Commission hearing by mail and posting, in accordance with the notice requirements of Section 922.01.C.1 and Section 922.01.C.2. and with notice to all owners of record of property within the affected area and within one hundred fifty (150) feet thereof, or to such extended distance to insure that no less than twenty-five (25) nearest owners of record are so notified in writing. City Council shall schedule a public hearing, notify the applicant of the hearing date, and give at least twenty-one (21) days notice of the City Council hearing by mail and posting, accordance with the notice requirements of Section 922.01.C.1 and Section 922.01.C.2.

Hearing and Action by the Planning Commission. The Planning Commission may hold a public hearing on the application or may choose not to conduct a hearing. In any case, the Commission shall act to recommend approval or denial of the application within ninety (90) days of the receipt of the completed application. Where the Commission fails to render its decision within the period required by this subsection, the decision shall be deemed to have been rendered in denial of the application unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in denial of the application because of the failure of the Commission to meet or render a decision as hereinabove provided, the City shall give public notice of said decision within ten (10) days, according to the provisions of Section 922.05.C.

Hearing and Action by City Council. City Council shall hold a public hearing on the Zoning Text or Map Amendment within one hundred twenty (120) days of the Planning Commission's action on the application. After the public hearing, Council shall act to approve or deny the application, within ninety (90) days of the Council hearing. In taking action, Council shall consider the criteria specified in Section 922.05.F. Where Council fails to render its decision within the period required by this subsection, or fails to hold the required public hearing within one hundred twenty (120) days from the date of the Planning Commission's action, the decision shall be deemed to have been rendered in denial of the application unless the applicant has agreed in writing or on the record to an extension of time., When a decision has been rendered in denial of the application because of the failure of Council to meet or render a decision as hereinabove provided, the City shall give public notice of said decision within ten (10) days, according to the provisions of Section 922.05.C. Nothing in this subsection shall prejudice the right of any party opposing the application to urge that such a decision is erroneous.

Review Criteria.

The criteria for review of a proposed amendment to the Zoning District Map or the text of the Zoning Code are set out in this section. Not all of the criteria must be given equal consideration by the Planning Commission or City Council in reaching a decision. The criteria to be considered shall be as follows:

The consistency of the proposal with adopted plans and policies of the City;

The convenience and welfare of the public;

The intent and purpose of this Zoning Code;

Compatibility of the proposal with the zoning, uses and character of the neighborhood;

The suitability of the subject property for the uses to which it has been restricted without the proposed zoning map amendment;

The extent to which approval of the proposed zoning map amendment will detrimentally affect nearby property;

The length of time the subject property has remained vacant as zoned;

Impact of the proposed development on community facilities and services; and

The recommendations of staff.

The applicant shall have the burden of demonstrating that the proposal meets the applicable review criteria.

Negative Recommendation of Planning Commission. If the Planning Commission recommends disapproval of a zoning map or text amendment, approval of such an amendment by the City Council shall require an affirmative vote of no fewer than seven (7) members.

Successive Applications. In the event that the City Council denies an application for an amendment to the Zoning District Map, a similar application shall not be refiled unless the Planning Commission, upon petition by the applicant, determines that significant physical, economic or land use changes have taken place within the immediate vicinity, or a significant zoning regulation text change has been adopted, or when the reapplication is for a more restrictive change of zoning classification or a different use request than the original request. The applicant shall submit a statement in detail setting out those changes which he or she deems significant and upon which he or she relies for refiling the original application.

Notification of Amendment. Promptly after the effective date of any amendment to the Zoning District Map, the Zoning Administrator shall send notice of the amendment to the record owners of property rezoned by the amendment.

§ 922.06 Conditional Uses.

[Ord. 21-2002, § 25, eff. 6-18-2002; Ord. 45-2003, § 15, eff. 12-31-2003]

This section sets out the required review and approval procedures for Conditional Uses.

Initiation. An application for Conditional Use approval may be filed by the owner of the subject property or the owner's agent.

Notice. Promptly upon determining that an application is complete, the Zoning Administrator shall schedule a public hearing before the Planning Commission and notify the applicant of the hearing date. The Zoning Administrator shall give at least twenty-one (21) days public notice of the Planning Commission hearing by posting in accordance with the notice requirements of Section 922.01.C.2 and by mail in accordance with the notice requirements of Section 922.01.C.1 to all property owners within a one hundred fifty (150) foot radius of the subject property with no less than twenty-five (25) notices being sent.

Hearing and Action by the Planning Commission. The Commission shall hold a public hearing on the Conditional Use application. After the public hearing, the Commission shall recommend to approve, approve with conditions, approve in part, deny or deny in part the application, within forty-five (45) days of the Commission hearing. Where the Commission fails to render its decision within the period required by this subsection, or fails to hold the required public hearing within forty-five (45) days from the date of the completed application being received by the Administrator, the decision shall be deemed to have been rendered in denial of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision had been rendered in denial of the failure of the Commission to meet or render a decision as hereinabove provided, the City shall give public notice of said decision within ten (10) days, according to the provisions of Section 922.06.B. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal for reconsideration.

Hearing and Action by City Council.

Hearing and Action by City Council. City Council shall hold a public hearing on the Conditional Use application within forty-five (45) days of the Planning Commission's action on the application. After the public hearing, Council shall act to approve, approve with conditions, approve in part, deny or deny in part the application, within forty-five (45) days of the council hearing, In taking action, the City Council shall consider the criteria specified in Section 922.06.E. Where Council fails to render its decision within the period specified by this subsection, or fails to hold the required public hearing within forty-five (45) days from the date of the decision of the Planning Commission, the decision shall be deemed to have been rendered in denial of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision is rendered in denial of the applicant because of the failure of Council to meet or render a decision as hereinabove provided, the Zoning Administrator shall give public notice of said decision within ten (10) days, according to the provisions of Section 922.06.B. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal for reconsideration.

City Council Public Hearing Procedures. The City Council hearing shall be conducted in the following manner:

Following a report from a representative of the Department of City Planning, the applicant or applicant's representative shall be afforded the opportunity to describe the proposed conditional use and its expected impact before other speakers are allowed to testify.

At the conclusion of the public hearing, the applicant or the applicant's representative shall be afforded the opportunity to rebut testimony delivered during the hearing and/or make a closing statement. Abutting property owners shall also be afforded the opportunity to rebut testimony delivered during the hearing and/or make closing statements at the conclusion of the public hearing.

Notwithstanding the procedures set forth herein, Council may supplement same with such additional procedures as it shall deem necessary to assure a fair and adequate hearing.

Recusal Required. Any Council member who voices an opinion at any time prior to Council taking action on a proposed conditional use, either in opposition to or in favor of said conditional use, whether orally or in writing, shall immediately recuse him or herself from participation in any votes taken by Council on said conditional use. In any event, no Council member who has voiced an opinion in favor of or in opposition to a proposed conditional use shall be permitted to cast his or her vote on said conditional use.

Review Criteria. The general criteria for review and approval of a Conditional Use are set out in this section. Specific conditions that apply to such uses are set out in Section 911.04.

General Criteria. City Council shall approve Conditional Uses only if (1) the proposed use is determined to comply with all applicable requirements of this Code and with adopted plans and policies of the City and (2) the following general criteria are met:

(a)

That the development will not create detrimental visual impacts, such that the size and visual bulk of the proposed development is determined to create an incompatible relationship with the surrounding built environment, public streets and open spaces and land use patterns;

(b)

That the development will not create detrimental transportation impacts, such that the proposed development is determined to adversely affect the safety and convenience of residential neighborhoods or of vehicular and pedestrian circulation in the vicinity of the subject tract, including traffic reasonably expected to be generated by the proposed use and other uses in the area given the existing zoning, existing land uses and proposed land uses in the area;

(c)

That the development will not create detrimental transportation impacts, such that the proposed development will result in traffic volumes or circulation patterns that exceed the capacity of streets and intersections likely to be used by traffic to and from the proposed development;

(d)

That the development will not create detrimental operational impacts, including potential impacts of hours of operation, management of traffic, servicing and loading operations, and any on-site operations associated with the ongoing functions of the use on the site, in consideration of adjacent and surrounding land uses which may have differing sensitivities to such operational impacts;

(e)

That the development will not create detrimental health and safety impacts, including but not limited to potential impacts of noise, emissions, or vibrations from the proposed development, or functions within the proposed site which would otherwise affect the health or safety of others as a direct result of the operation of the proposed use;

(f)

That the development will not create detrimental impacts on the future and potential development of parcels in the vicinity of the proposed site of the development; and

(g)

That the development will not create detrimental impacts on property values.

Negative Recommendation of Planning Commission. If the Planning Commission recommends disapproval of a Conditional Use, approval by the City Council shall require an affirmative vote of no fewer than seven (7) members.

Successive Applications. In the event that the City Council denies an application for a Conditional Use, a similar application shall not be refiled unless the Planning Commission, upon petition by the applicant, determines that significant physical, economic or land use changes have taken place within the immediate vicinity, or a significant zoning regulation text change has been adopted, or when the reapplication is for a different use than the original request. The applicant shall submit a statement in detail setting out those changes which he or she deems significant and upon which he or she relies for refiling the original application.

Conditional Use Plan Amendments. The Zoning Administrator may approve minor amendments in the design or specification of approved Conditional Use Applications without the refiling a new application. Nothing shall preclude the Zoning Administrator from approving minor amendments.

Lapse of Approval.

Conditional Uses Involving Physical Improvements. If the Conditional Use involves physical improvements that have not been substantially initiated within one (1) year of the date of approval or authorization approval of the Conditional Use, the approval shall lapse. The Conditional Use approval shall also lapse if, after starting construction, the construction is discontinued for a period of one (1) year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to Section 922.06.I.3.

Conditional Uses Not Involving Physical Improvements. If the Conditional Use does not involve physical improvements, and a Certificate of Occupancy is not issued for the Conditional Use within one (1) year of the date of approval or authorization, the approval shall lapse. No Certificate of Occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to Section 922.06.I.3.

Renewal in the Event of Lapse. The City Council may renew its approval of a Conditional Use for which approval has lapsed provided that no more than one (1) year has elapsed since the date of the original approval or, in the case of discontinuance of work, since the date of discontinuance. Renewal shall require formal action, but it shall not require public notice or hearings. Renewal shall have the same effect as the original approval. If no renewal is granted with the one-year period allowed for renewals, the original approval shall be void and no further effect. Occupancy Permits shall be automatically renewed coincidentally with and for the same time periods and limitations as prescribed for renewals of Special Exception approvals.

§ 922.07 Special Exceptions.

This section sets out the required review and approval procedures for Special Exceptions.

Initiation. An application for Special Exception approval may be filed by the owner of the subject property or the owner's agent.

Notice. Promptly upon determining that an application is complete, the Zoning Administrator shall schedule a public hearing before the Zoning Board of Adjustment, notify the applicant of the hearing date and give at least twenty-one (21) days notice of the hearing by mail and posting, in accordance with the notice requirements of Section 922.01.C.1 and Section 922.01.C.2. The required area of notification shall include abutting property owners, those property owners immediately across a street or way, and members of City Council. On the application, the applicant shall include names and mailing addresses of property owners who are required to be notified.

Hearing and Action.

The Zoning Board of Adjustment shall hold a public hearing on the Special Exception application. After the public hearing, the Board shall act to approve, approve with conditions, approve in part, deny or deny in part the application, within forty-five (45) days of the Board hearing. Where the Board fails to render its decision within the period required by this subsection, or fails to hold the required public hearing within forty-five (45) days from the date of the completed application being received by the Administrator, the decision shall be deemed to have been rendered in denial of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in denial of the applicant because of the failure of the Board to meet or render a decision as hereinabove provided, the Zoning Administrator shall give public notice of said decision within ten (10) days, according to the provisions of Section 922.07.B. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal for reconsideration.

The Zoning Board of Adjustment's action shall be based on stated findings of fact. The conditions imposed on uses classified as Special Exceptions shall be construed as limitations on the power of the Zoning Board of Adjustment to act. A mere finding that a use complies with those conditions or a recitation of those conditions, unaccompanied by specific findings of fact, shall not be considered findings of fact for the purpose of complying with this Code. Before acting on an application, the Zoning Board of Adjustment shall consider the general review criteria of Section 922.07.D.

Review Criteria. The general criteria for review and approval of a Special Exception are set out in this section. Specific conditions that apply to such uses are set out in Section 911.04.

General Criteria. The Zoning Board of Adjustment shall approve Special Exceptions only if (1) the proposed use is determined to comply with all applicable requirements of this Code and with adopted plans and policies of the City and (2) the following general criteria are met:

(a)

(b)

(c)

That the development will not create detrimental transportation impacts, such that the proposed development will result in traffic volumes or circulation patterns that substantially exceed the capacity of streets and intersections likely to be used by traffic to and from the proposed development;

(d)

(e)

(f)

That the development will not create detrimental impacts on the future and potential development of parcels in the vicinity of the proposed site of the development; and

(g)

That the development will not create detrimental impacts on property values.

Successive Applications. In the event that the Zoning Board of Adjustment denies an application for a Special Exception, a similar application shall not be refiled unless the Zoning Board of Adjustment determines that significant physical, economic or land use changes have taken place within the immediate vicinity, or a significant zoning regulation text change has been adopted, or when the reapplication is for a different use than the original request. The applicant shall submit a statement in detail setting out those changes which he or she deems significant and upon which he or she relies for refiling the original application.

Lapse of Approval.

Special Exceptions Involving Physical Improvements. If the Special Exception involves physical improvements that have not been substantially initiated within one (1) year of the date of approval or authorization of the Special Exception, the approval shall lapse. The Special Exception approval shall also lapse if, after starting construction, the construction is discontinued for a period of one (1) year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to Section 922.07.F.3.

Special Exceptions Not Involving Physical Improvements. If the Special Exception does not involve physical improvements, and a Certificate of Occupancy has not been issued for the Special Exception within one (1) year of the date of approval or authorization, the approval shall lapse. No Certificate of Occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to Section 922.07.F.3.

Renewal in the Event of Lapse. The Zoning Board of Adjustment may renew its approval of a Special Exception for which approval has lapsed provided that no more than one (1) year has elapsed since the date of the original approval or, in the case of discontinuance of work, since the date of discontinuance. Renewal shall require formal action, but it shall not require public notice or hearings. Renewal shall have the same effect as the original approval. If no renewal is granted with the one-year period allowed for renewals, the original approval shall be void and no further effect. Occupancy Permits shall be automatically renewed coincidentally with and for the same time periods and limitations as prescribed for renewals of Special Exception approvals.

§ 922.08 Administrator Exceptions.

This section sets out the required review and approval procedures for Administrator Exceptions.

Initiation. An application for approval of an Administrator Exception may be filed by the owner of the subject property or the owner's agent.

Notice. After approval of the Administrator Exception is granted, the applicant shall post notice in accordance with the notice requirements of Section 922.01.C.2.

Action. Within twenty-one (21) days of receipt of a complete application for an Administrator Exception, the Zoning Administrator shall approve, approve with conditions, approve in part, deny, or deny in part the application. Where the Administrator fails to render a decision within the period required by this subsection, the decision shall be deemed to have been rendered in denial of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered deemed denial, it may be sent to the Zoning Board of Adjustment for immediate review. When a decision has been rendered in denial of the applicant because of the failure of the Administrator to meet or render a decision as hereinabove provided, the Zoning Administrator shall give public notice of said decision within ten (10) days, according to the provisions of Section 922.08.B. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal for reconsideration.

Basis for Action. The Zoning Administrator's action shall be based solely on a determination of whether the application, as proposed, complies with the standards of this Code. The Zoning Administrator may grant approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into complete compliance with the Code. No Certificate of Occupancy or subsequent approval shall be granted until such time as such conditions have been met.

Lapse of Approval.

Administrator Exceptions Involving Physical Improvements. If the Administrator Exception involves physical improvements that have not been substantially initiated within one (1) year of the date of approval or authorization approval of the Zoning Administrator Exception, the approval shall lapse. The Zoning Administrator Exception approval shall also lapse if, after starting construction, the construction is discontinued for a period of one (1) year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to Section 922.08.E.3.

Administrator Exceptions Not Involving Physical Improvements. If the Zoning Administrator Exception does not involve physical improvements, and a Certificate of Occupancy has not been issued for the Zoning Administrator Exception within one (1) year of the date of approval or authorization, the approval shall lapse. No Certificate of Occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to Section 922.08.E.3.

Renewal in the Event of Lapse. The Zoning Administrator may renew its approval of a Administrator Exception for which approval has lapsed provided that no more than one (1) year has elapsed since the date of the original approval or, in the case of discontinuance of work, since the date of discontinuance. Renewal shall require formal action, but it shall not require public notice or hearings. Renewal shall have the same effect as the original approval. If no renewal is granted with the one-year period allowed for renewals, the original approval shall be void and no further effect. Occupancy Permits shall be automatically renewed coincidentally with and for the same time periods and limitations as prescribed for renewals of Administrator Exception approvals.

§ 922.09 Variances.

This section sets out the required review and approval procedures for Variances.

Initiation. An application for a Variance may be filed by the owner of the subject property or the owner's agent.

Application. A complete application for a Variance 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.

Notice. Promptly upon determining that an application is complete, the Zoning Administrator shall schedule a public hearing before the Zoning Board of Adjustment, notify the applicant of the hearing date and give at least twenty-one (21) days notice of the hearing by mail and posting, in accordance with the notice requirements of Section 922.01.C.1 and Section 922.01.C.2. The required area of notification shall include no less than six (6) property owners which are nearest the subject property, as reasonably determined by the Zoning Administrator, and shall, regardless of number, include abutting property owners, and those immediately across a street or way. On the application, the applicant shall include names and mailing addresses of property owners who are required to be notified.

Hearing and Action.

The Zoning Board of Adjustment shall hold a public hearing on the Variance application. After the public hearing, the Board shall act to approve, approve with conditions, approve in part, deny, or deny in part the application within forty-five (45) days of the Board hearing. Where the Board fails to render its decision within the period required by this subsection, or fails to hold the required public hearing within forty-five (45) days from the date of the completed application being received by the Administrator, the decision shall be deemed to have been rendered in denial of the application unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in denial of the application because of the failure of the Board to meet or render a decision as hereinabove provided, the Zoning Administrator shall give public notice of said decision within ten (10) days, according to the provisions of Section 922.09.C. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal for reconsideration.

The Zoning Board of Adjustment's action shall be based on stated findings of fact. The conditions imposed on uses classified as Variances shall be construed as limitations on the power of the Zoning Board of Adjustment to act. A mere recitation of the conditions for approval, unaccompanied by specific findings of fact, shall not be considered findings of fact for the purpose of complying with this Code.

General Conditions for Approval.

No variance in the strict application of any provisions of this Zoning Code shall be granted by the Zoning Board of Adjustment unless it finds that all of the following conditions exist:

That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to the conditions, and not the circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located;

That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

That such unnecessary hardship has not been created by the appellant;

That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and

That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

In granting any variance, the board may attach such reasonable conditions and safeguards as it may deem necessary to implement to purposes of this act and the zoning ordinance

The applicant shall have the burden of demonstrating that the proposal satisfies the applicable review criteria.

Special Conditions for Approval of Variances in FP-O District.

In addition to the General Conditions for Approval of a variance (Section 922.09.E), the following conditions shall apply only to the variances from any requirements of the FP-O, Flood Plain Overlay District (Section 906.02).

No variance shall be granted from any regulation pertaining to a development that may endanger human life or a special hazard except that a variance may be granted to the requirement that the elevation of structures be at least one and one-half (1½) feet above base flood level, provided that the variance shall not result in the minimum elevation being reduced below the base flood level.

If a variance is granted for any other use in an FP-O District that results in construction being allowed below the base flood level, the applicant shall be notified in writing that the variance may result in:

(a)

Increased premiums for flood insurance; and

(b)

Increased risks to life and property.

The Zoning Board of Adjustment shall maintain a record of all variances granted from the requirements of the FP-O, Flood Plain Overlay District (Section 906.02) and submit that record to the Federal Insurance Administrator annually as a part of the City's required annual report on flood plain management activities.

No variance shall be granted for any floodway use that would result in any increase in flood levels during the base flood.

The applicant shall have the burden of demonstrating that the proposal satisfies the applicable review criteria.

Lapse of Approval.

Variances Involving Physical Improvements. If the Variance involves physical improvements that have not been substantially initiated within one (1) year of the date of approval or authorization approval of the Variance, the approval shall lapse. The Variance approval shall also lapse if, after starting construction, the construction is discontinued for a period of one (1) year or more. No physical improvements shall be made after approval lapses unless the approval or authorization is renewed pursuant to Section 922.09.G.3.

Variances Not Involving Physical Improvements. If the Variance does not involve physical improvements, and a Certificate of Occupancy has not been issued for the Variance within one (1) year of the date of approval or authorization, the approval shall lapse. No Certificate of Occupancy shall be issued after approval lapses unless the approval or authorization is renewed pursuant to Section 922.09.G.3.

Renewal in the Event of Lapse. The Zoning Board of Adjustment may renew its approval of a Variance for which approval has lapsed provided that no more than one (1) year has elapsed since the date of the original approval or, in the case of discontinuance of work, since the date of discontinuance. Renewal shall require formal action, but it shall not require public notice or hearings. Renewal shall have the same effect as the original approval. If no renewal is granted with the one-year period allowed for renewals, the original approval shall be void and no further effect.

Automatic Renewal of Occupancy Permits. Occupancy Permits shall be automatically renewed coincidentally with and for the same time periods and limitations as prescribed for renewals of Special Exception approvals.

§ 922.10 Project Development Plans.

[Ord. 19-2004, § 1L, eff. 11-8-2004; Ord. 42-2005, §§ 32—34, eff. 12-30-2005; Ord. No. 31-2018, § 17, eff. 8-6-2018]

This section sets out the required review and approval procedures for Project Development Plans.

Purpose. The Project Development Plan review procedures of this section are intended to provide a vehicle for evaluating individual development proposals within the broader context of development and plans for areas of regional significance. It is further the intent of these review and approval procedures to afford maximum design flexibility for individual development projects, consistent with planning objectives for the Golden Triangle, Riverfront, and Public Realm areas.

Applicability. In each applicable district, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this Zoning Code, developments shall be in accord with a Project Development Plan approved by the Commission.

Application. All applicants for Project Development Plan approval shall first file an application with 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.

Preliminary Review.

Procedure. As a part of the preliminary review, the Zoning Administrator shall prescribe the required form and content of the final Project Development Plan application, which may be submitted in schematic or preliminary form and which may include a site plan; building elevations; building and site perspective drawings; information on building size, height, proposed uses, traffic generation characteristics and other plans and information sufficient to illustrate the proposed development and its relation to adjacent buildings, streets and open spaces.

Development on sites of three (3) or more acres.

Any development of a building or buildings that require Project Development Plan review on a site of three (3) or more acres is required to submit a Master Development Plan prior to the application for individual building or buildings review.

A complete application for a Master Development Plan shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator. Upon determining that the Master Development Plan application is complete, the Zoning Administrator shall schedule a review by the Planning Commission.

The Planning Commission shall approve a Master Development Plan application only if it finds that the proposal meets all of the following criteria:

(a)

That the proposed development shall create an efficient, functional and attractive urban area which incorporates a high level of amenities;

(b)

That the proposed development shall create a favorable environmental, social and economic impact on the City;

(c)

That the proposed development shall not be injurious to other property in the immediate vicinity, nor substantially diminish or impair property values within adjacent zoning districts;

(d)

That adequate utilities, road, drainage and other necessary facilities have been or shall be provided;

(e)

That adequate measures have been or shall be taken to provide ingress and egress designated so as to minimize traffic congestion in the public streets; and

(f)

That the proposed development complies with plans and policy documents adopted from time to time by the City.

Final Review.

Action by the Planning Commission. The Zoning Administrator shall schedule a review by the Planning Commission when all the requirements established during the preliminary review have been fulfilled. The Planning Commission shall review the Project Development Plan application and act to approve, approve with conditions, or deny the application. The Planning Commission shall approve a Project Development Plan if it finds that the plan complies with the review criteria of Section 922.10.E.2 and if the proposal complies with all applicable Zoning Code requirements and adopted plans and policy documents, including all applicable standards of the GT, DR and Public Realm zoning districts. The Planning Commission shall deny approval of a Project Development Plan if it finds that the plan is not in conformance with this Zoning Code or with adopted plans and policy documents. In acting upon a Project Development Plan, the Planning Commission shall include a description of specific site improvements and development characteristics upon which its approval is conditioned. Such conditions shall be binding upon the applicant.

(a)

Notice Requirement for Gaming Enterprise Developments.

(1)

Notice, Hearing and Action. Upon determining that a Project Development Plan that is specific to a gaming Enterprise is complete, the Zoning Administrator shall schedule a public hearing before the Planning Commission, notify the applicant of the hearing date and give at least twenty-one (21) days notice of the hearing by posting in accordance with the notice requirements of Section 922.01.C.2 and by mail in accordance with the notice requirements of Section 922.01.C.1 to all property owners within a one hundred fifty-foot radius of the subject property. The Planning Commission shall hold a public hearing on the Project Development Plan application specific for Gaming Enterprises. After the public hearing, the Commission shall act to approve, approve with conditions or deny the application within forty-five (45) days of the public hearing.

Review Criteria. In reviewing applications for Project Development Plan approval, the Planning Commission shall consider the extent to which the Project Development Plan addresses the following criteria. The Planning Commission shall not approve any Project Development Plan that, in the determination of the Planning Commission, does not adequately address one (1) or more of these criteria in accordance with objectives contained in general or site specific policy documents adopted by the Planning Commission.

(a)

The proposed development must include retail facilities, where such facilities would maintain and continue the existing retail patterns;

(b)

The proposed development must address compatibility with any existing residential area, including provision for maintenance of residential uses in existing residential areas;

(c)

The proposed development must make provision for adequate parking, considering available transit alternatives and support services, and make provision for adequate vehicle access and loading areas in relation to street capacity, functional classification, and land use patterns, such that any vehicular access points do not create congestion on public streets or create hazardous conditions for pedestrians;

(d)

The proposed development must adequately address traffic generation characteristics in relation to street capacity, intersection classification, and existing and projected traffic volumes and address reasonable alternatives that would enable increased traffic to be directed away from congested areas;

(e)

The proposed development must adequately address pedestrian traffic generation, proposed pedestrian circulation facilities and patterns, including, but not limited to, provision for adequate sidewalk capacity on and off site, provision for appropriate pedestrian safety on and off site, and provision for pedestrian circulation patterns which do not substantially alter existing patterns and which enhance desired patterns where possible;

(f)

The proposed development must adequately address access to public transportation facilities, including, but not limited to, provision for safe pedestrian access to and from transit stops, and pedestrian circulation patterns which encourage the use of public transit, and the provision of on site facilities for alternative means of transportation such as bicycles or van pools;

(g)

The proposed development must adequately address the preservation of historic structures and significant features of existing buildings, including, if applicable, the retention and reuse of structures which are locally or federally designated historic structures; retention and reuse of significant structures, provided that such preservation requirements may be waived if the applicant shows that use of such structure is no longer economically or physically viable; and retention and reuse of structures which contribute to the character of an historically significant area;

(h)

The proposed development must adequately address architectural relationships with surrounding buildings, including, but not limited to, provision for appropriate building siting, massing, facade treatment, materials, proportion, and scale;

(i)

The proposed development must adequately address microclimate effects of proposed development, including, but not limited to, wind velocities, sun reflectance and sun access to streets, existing buildings, and public and private open space;

(j)

The proposed development must adequately address protection of views and view corridors, including, if applicable, important views along major public streets, views from surrounding private properties, and views to and from significant public places, such as parks, open spaces, or riverfronts;

(k)

The proposed development must adequately address the location, development and functions of open space, including, but not limited to, provision for additional open space where necessary for light and air to adjacent properties, provision for additional open space where desirable to lessen pedestrian impacts and increase safety, or maintenance of existing open spaces which serve these same purposes;

(l)

The proposed development must address the project's compatibility and conformance with any overall master plans or comprehensive plans approved by the City Planning Commission and designated by the Department of City Planning, which address Downtown area development;

(m)

If the proposed application includes a building(s) that exceeds fifty thousand (50,000) square feet of building footprint, the proposed development must adequately address large footprint building criteria of Section 922.04.E.6.

Amendments. The procedure for amending an approved Project Development Plan shall be the same as required for a new plan under this section, provided that the Zoning Administrator may approve minor amendments to approved Project Development Plans without the refiling of a new application. Nothing shall preclude the Zoning Administrator from approving minor amendments.

Occupancy Permits. The Zoning Administrator shall not authorize zoning approval of an application for a Certificate of Occupancy for a development subject to Project Development Plan requirements until the Planning Commission has approved the Project Development Plan.

§ 922.11 Planned Developments.

[Ord. 42-2005, §§ 35—38, eff. 12-30-2005; Ord. No. 33-2009, § 1, eff. 12-11-2009; Ord. No. 1-2015, § 1.G., eff. 2-10-2015]

This section sets out the required review and approval procedures for Specially Planned (SP) Developments and Planned Unit Developments (PUDs).

Method of Adoption. SP or PUD zoning districts may be established only in accordance with the Zoning Map Amendment procedures of Section 922.05 and the review and approval procedures of this section, which shall be carried out concurrently with the Zoning Map Amendment process.

Preliminary Development Plan.

Application. A complete application for Preliminary Land Development 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. Application for SP or PUD rezoning shall be submitted at the time of application for a certificate of occupancy.

Hearing and Action by the Planning Commission. The Planning Commission shall hold a public hearing on the application for Preliminary Development Plan Approval concurrently with the public hearing on the rezoning application. After the public hearing, the Planning Commission shall recommend approval, approval with conditions, or denial of the application and transmit an accurate written summary of the proceedings to the City Council.

Review Criteria. The Planning Commission shall recommend approval of the Preliminary Land Development Plan application only if it finds that the proposal meets all of the following criteria:

(a)

That the proposed district shall create an efficient, functional and attractive urban area which incorporates a high level of amenities;

(b)

That the proposed district shall protect and preserve the natural environment;

(c)

That the proposed district shall create a favorable environmental, social and economic impact on the City;

(d)

That the establishment, maintenance, location and operation of the proposed district shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(e)

That the proposed district shall not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes permitted, nor substantially diminish or impair property values within adjacent zoning districts;

(f)

That the establishment of the proposed district shall not impede the normal and orderly development and improvement of property for uses permitted in the adjacent districts;

(g)

That adequate utilities, access road, drainage and other necessary facilities have been or shall be provided;

(h)

That adequate measures have been or shall be taken to provide ingress and egress designated so as to minimize traffic congestion in the public streets; and

(i)

That the proposed development complies with plans and policy documents adopted from time to time by the City.

Conditions of Approval. The Planning Commission may recommend approval with conditions if such conditions, when met, would have the effect of bringing the proposal into full compliance with the review criteria of Section 922.11.B.3.

Hearing and Action by City Council. The City Council shall hold a public hearing on the Zoning Map Amendment application. After the public hearing, the City Council shall act to approve, approve with conditions, approve in part, deny, or deny in part the application. The Zoning Map Amendment shall not become effective nor shall it be entered upon the Zoning District Map until the Planning Commission has approved a Final Land Development Plan and an Improvement subdivision site plan has been duly recorded.

Amendments. The procedure for amending an approved Preliminary Land Development Plan shall be the same as required for a new Preliminary Land Development Plan under Section 922.11.B.2.

Notice. A public hearing shall be scheduled, and notice shall be required when ten (10) years or more have elapsed from the approval date of the most recently amended Preliminary Land Development Plan for an existing SP or PUD district. The Zoning Administrator shall give at least twenty-one (21) days public notice of the Planning Commission hearing by posting in accordance with the notice requirements of Section 922.01.C.2 and by mail in accordance with the notice requirements of Section 922.01.C.1 to all property owners within a one hundred fifty (150) foot radius of the subject property.

Final Land Development Plans.

Application. After City Council approval of the Zoning Map Amendment, the applicant shall submit a Final Land Development Plan to the Zoning Administrator who shall forward the application to the Planning Commission for review. At the time of Final Land Development submittal, the applicant shall also submit the Improvement Subdivision Site Plan for the Planning Commission's review. For an SP District, there shall be no minimum acreage required for a Final Land Development Plan application.

Review and Action by the Planning Commission. The Planning Commission shall review the Final Land Development Plan and Improvement subdivision site plan and evaluate whether the plans comply with the approved Preliminary Land Development Plan. The Planning Commission shall review the Final Land Development Plan and Improvement subdivision site plan to determine if the application addresses the following criteria. The Planning Commission shall deny approval of a Final Land Development Plan application if it finds that the plan does not comply with the following criteria.

(a)

The proposed development must comply with an approved Preliminary Land Development Plan for the Planned Development;

(b)

The proposed development must include retail facilities, where such facilities would maintain and continue the existing retail patterns;

(c)

The proposed development must address compatibility with any existing residential area, including provision for maintenance of residential uses;

(d)

The proposed development must adequately address parking, considering the demand analysis required in the Preliminary Plan Development Plan, and must make provisions for adequate vehicle access and loading facilities;

(e)

The proposed development must adequately address traffic generation characteristics and address reasonable alternatives that would mitigate increased traffic congestion;

(f)

The proposed development must adequately address pedestrian traffic and patterns, including, but not limited to, sidewalk capacity, pedestrian safety and access to transit;

(g)

The proposed development must adequately address access to public transportation facilities, including, but not limited to access to transit stops, encouragement of transit use and provisions for alternate forms of transportation;

(h)

The proposed development must adequately address architectural relationships with surrounding buildings, including, but not limited to, building siting, massing, facade treatment, materials, proportions and scale;

(i)

The proposed development must adequately address microclimate effects, including, but not limited to, wind velocities, sun reflectance and sun access to existing buildings and streets;

(j)

The proposed development must address the project's compatibility and conformance with the Zoning Code and any plans and policies approved by the Planning Commission;

(k)

If the proposed application includes a building(s) that exceeds 50,000 square feet of building footprint, the proposed development must adequately address large footprint building criteria of Section 922.04.E.6.

Effect of Final Land Development Approval. After a Final Land Development Plan has been approved by the Planning Commission and the Improvement subdivision site plan has been recorded, the applicant may submit a Certificate of Occupancy application and construction drawings for a project development to the Zoning Administrator. If the development is determined by the Zoning Administrator to be in substantial compliance with the Final Land Development Plan, the Zoning Administrator shall approve the Certificate of Occupancy application and building permit application. No Certificate of Occupancy application or building permit application shall be approved if the project is determined not to be in substantial compliance with the approved Final Land Development Plan. If the project development is determined not to be in substantial compliance with the Final Land Development Plan, the applicant may request approval of Land Development Plan amendment, in accordance with Section 922.11.C.4.

Amendments. The procedure for amending an approved Final Land Development Plan shall be the same as required for approval of the original Final Land Development Plan, except that the Zoning Administrator may approve an occupancy permit application for a project in an SP or PUD District if the Planning Director determines that the proposed project represents only a minor amendment to an approved Final Land Development Plan. A minor amendment, for the purpose of this provision, shall be one (1) that meets all of the following conditions:

(a)

Involves no change in use;

(b)

Increases development intensity or residential density by no more than ten (10) percent;

(c)

Increases the height of any structure by no more than ten (10) percent; and

(d)

Places no structure closer to the perimeter of the planned development site than shown on the approved Final Land Development Plan.

Lapse of Approval. If an applicant submits an application to the Zoning Administrator for approval of a Certificate of Occupancy application more than seven (7) years after the date of approval of the Final Land Development Plan, the Planning Commission may require that the planning studies conducted for the land development plan be updated, and that additional planning studies be conducted to determine the current impact of the proposed development on the remainder of the planned development and on the City. The Planning Commission shall evaluate the development's impacts in terms of the review criteria of Section 922.11.B.3 and may require the applicant to submit a Land Development Plan amendment, in accordance with Section 922.11.C.4.

Notice Requirement for Gaming Enterprise Developments.

(a)

Notice, Hearing and Action. Upon determining that a Final Land Development Plan that is specific to a gaming Enterprise is complete, the Zoning Administrator shall schedule a public hearing before the Planning Commission, notify the applicant of the hearing date and give at least twenty-one (21) days notice of the hearing by posting in accordance with the notice requirements of Section 922.01.C.2 and by mail in accordance with the notice requirements of Section 922.01.C.1 to all property owners within a one hundred fifty-foot radius of the subject property. The Planning Commission shall hold a public hearing on the Final Land Development Plan application specific for Gaming Enterprises. After the public hearing, the Commission shall act to approve, approve with conditions or deny the application within forty-five (45) days of the public hearing.

Land Development Reports for SP Districts. For SP Districts, every two (2) years, beginning from the date of approval of the first Final Land Development Plan, the applicant shall submit to the Planning Commission a Land Development Report. The Planning Commission may approve the Land Development Report, approve the report with amendments, or, in the event that a Land Development Report is not submitted, the Planning Commission may approve a report prepared by the Zoning Administrator. The approval of a land development report shall amend the land development plan to the extent specified in the land development report.

§ 922.12 Institutional Master Plans.

[Ord. 32-2005, §§ 1BB—1DD, eff. 11-23-2005; Ord. No. 19-2010, § 2A, eff. 6-17-2010]

This section sets out the required review and approval procedures for Institutional Master Plans.

Purpose. The Institutional Master Plan review and approval procedures are intended to provide a framework for development of large institutions such as hospitals and colleges, which control large areas of land within the City, contain a much greater density of development than surrounding areas, are a source of substantial employment, and are usually located immediately adjacent to residential neighborhoods. An Institutional Master Plan is intended to permit flexibility for a large institution which is not possible on a lot-by-lot basis, while providing a level of understanding to the public and the community about the potential growth of institutions and the resultant impacts. The provisions are specifically intended to:

Protect the integrity of adjacent residential neighborhoods by addressing impacts of institutional development on adjacent areas;

Provide a growing and continuing source of employment which is easily accessible;

Create attractive and efficient urban areas which incorporate a high degree of amenity; and

Protect sensitive portions of the natural and man-made environment which are potentially affected by institutional development.

Application. A complete application for an Institutional Master Plan approval shall be submitted to the Zoning Administrator in a form established by the Zoning Administrator, along with a nominal 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.

Notice. Promptly upon determining that an application is complete, the Zoning Administrator shall schedule an initial public hearing before the Planning Commission, notify the applicant of the hearing date and give at least twenty-one (21) days notice of the hearing by mail and posting, in accordance with the notice requirements of Section 922.01.C.1 and Section 922.01.C.2. Notice of subsequent public hearings shall be made in accordance with the posting requirements of Section 922.01.C.2.

Hearing and Action by the Planning Commission. The Commission shall hold at least one (1) public hearing on the Institutional Master Plan Application. After the public hearing, the Commission shall recommend to approve, approve with conditions, approve in part, deny or deny in part the application, within ninety (90) days of the Commission hearing. Where the Commission fails to render its decision within the period required by this subsection, or fails to hold the required public hearing within ninety (90) days from the date of the completed application being received by the Administrator, the decision shall be deemed to have been rendered in denial of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in denial of the applicant because of the failure of the Commission to meet or render a decision as hereinabove provided, the City shall give public notice of said decision within ten (10) days, according to the provisions of Section 922.12.C. Nothing in this subsection shall prejudice the right of any party opposing the application to urge that such decision is erroneous.

Hearing and Action by City Council. City Council shall hold a public hearing on the Institutional Master Plan Application within one hundred twenty (120) days of the decision of the Planning Commission. After the public hearing, Council shall approve, approve with conditions, approve in part, deny or deny in part the application, within ninety (90) days of the Council hearing. Where Council fails to render its decision within the period required by this subsection, or fails to hold the required public hearing within one hundred twenty (120) days from the date of the decision of the Planning Commission, the decision shall be deemed to have been rendered in denial of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in denial of the applicant because of the failure of Council to meet or render a decision as hereinabove provided, the City shall give public notice of said decision within ten (10) days, according to the provisions of Section 917.12.C. Nothing in this shall prejudice the right of any party opposing the application to urge that such a decision is erroneous.

Negative Recommendation by the Planning Commission. If the Planning Commission recommends disapproval of an Institutional Master Plan, approval by City Council shall require an affirmative vote of no fewer than seven (7) members.

Amendments. The procedure for amending an approved Institutional Master Plan shall be the same as required for a new plan under this section, except that minor revisions, as defined in Section 905.03.D.2(b), may be approved as an Administrator Exception and shall require Project Development Plan review in accordance with the provisions of Section 922.10 prior to Administrator Approval.

Duration. An approved Institutional Master Plan shall be effective for a period of ten (10) years from the date of approval by City Council, and shall be deemed expired after said date.

§ 922.13 IPOD, Interim Planning Overlay Districts.

[Ord. 15-2001, § 1, eff. 6-19-2001; Ord. 16-2002, § 1, eff. 6-4-2002; Ord. 27-2003, § 1, eff. 9-9-2003]

(Reserved)

IPOD-2, Walnut Street.

Procedure. The procedures listed hereunder shall be followed in the review and approval of IPOD Project Development Plans in the Walnut Street IPOD District.

(a)

The applicant shall request a preliminary review of the IPOD Project Development Plan by filing an application for preliminary review with the Administrator.

(b)

The Administrator shall prescribe the required form and content of application plans and documents, which may be in schematic or preliminary form and which may include a site plan, building elevations, construction materials, building and site perspective drawings, information on building size, height, proposed uses, traffic generation characteristics and other plans and information sufficient to illustrate the proposed development and its relation to adjacent buildings, streets and open spaces.

(c)

An application for final review and approval of an IPOD Project Development Plan shall be filed with the Administrator when all of the requirements contained in this chapter of the Zoning Ordinance and all applicable requirements contained in other provisions of this Zoning Ordinance have been fulfilled, including the review criteria specified in subsection B.2. The Administrator shall prescribe the form and content of plans and documents required for final review of the IPOD Project Development Plan.

(d)

At a public meeting, the Planning Commission shall take testimony on the proposed Project Development Plan. A public hearing before the Planning Commission on the proposed IPOD PDP may also be held at the request, in writing, of any community organization found on the List of Community Organizations that is kept by the Zoning Division, or by petition signed by twenty-five (25) Shadyside residents, property owners or merchants.

(e)

In the event that the Planning Commission approves an IPOD PDP, the Commission, where applicable, shall include a description of the specific site improvements, off-site mitigation measures, and development and operating characteristics upon which its approval is conditioned, and these conditions shall be binding upon the applicant and shall be considered to be part of the project development plan.

(f)

The Administrator shall not authorize zoning approval of an application for an occupancy permit for development subject to the requirements of this section until the Commission has approved the IPOD Project Development Plan.

(g)

If a Project Development Plan within the IPOD requires approval of a Conditional Use application by City Council, such approval shall be in accordance with both the requirements for Conditional Use applications and with the requirements for IPOD Project Development Plan Review and Approval, and shall be filed and processed as a single application. The City Planning Commission shall take actions on the separate motions for the Conditional Use application on the IPOD application.

Review Criteria. In reviewing applications for IPOD Project Development Plan review and approval, the Planning Commission shall consider the adequacy with which the IPOD Project Development Plan addresses the following four (4) criteria. The Planning Commission may refuse to approve any plan which does not adequately address one or more of these four (4) criteria, where the failure to meet such criteria would create detrimental impact on the health, safety and general welfare of the community.

(a)

The proposed development must adequately address architectural relationships with surrounding buildings, including, but not limited to, provision for appropriate building massing, facade treatment, construction materials, proportion, and scale;

(b)

The proposed development must include retail facilities, where such facilities would maintain and continue existing retail patterns;

(c)

The proposed development must adequately address pedestrian circulation patterns, including but not limited to, sidewalk capacity and appropriate pedestrian safety on and off-site;

(d)

IPOD-3: Baum-Centre Corridor.

Procedure. The procedures listed hereunder shall be followed in the review and approval of IPOD Project Development Plans in the Baum-Centre IPOD District.

(a)

The applicant shall file an application for the IPOD Project Development Plan with the Zoning Administrator.

(b)

The Administrator shall prescribe the required form and content of application plans and documents, which may be in schematic or preliminary form and which may include a site plan; building elevations; construction materials; building and site perspective drawings; information on building size, height and proposed uses; traffic generation characteristics; and other plans and information sufficient to illustrate the proposed development and its relation to adjacent buildings, streets and open spaces.

(c)

The application for the IPOD Project Development Plan shall include all of the requirements contained in this chapter of the Zoning Ordinance and all applicable requirements contained in other provisions of this Zoning Ordinance;

(d)

At a public meeting, the Planning Commission shall take testimony on the proposed Project Development Plan. A public hearing before the Planning Commission on the proposed IPOD PDP may also be held at either the request of the Planning Director, or by the request, in writing, of any Community Organization registered with the Zoning Office, or by petition signed by twenty-five (25) residents, property owners or merchants within the IPOD district.

(e)

In the event that the Planning Commission approves an IPOD PDP, the Commission, where applicable, shall include a description of the specific site improvements, off-site mitigation measures; and development and operating characteristics upon which its approval is conditioned, and these conditions shall be binding upon the applicant and shall be considered to be part of the Project Development Plan.

(f)

The Administrator shall not authorize zoning approval of an application for an occupancy permit for development until the Commission has approved the IPOD Project Development Plan.

Review Criteria. The Planning Commission shall consider the following twelve (12) criteria as part of its review of any IPOD Project Development Plan. The Planning Commission may deny any plan that does not adequately address one (1) or more of these criteria.

(a)

The proposed development must include commercial facilities, where such facilities would maintain and continue the existing retail patterns;

(b)

The proposed development must address compatibility with existing residential areas;

(c)

The proposed development must make provision for adequate parking, considering available transit alternatives and support services, make provision for adequate vehicle access and loading areas;

(d)

The proposed development must adequately address traffic impacts in relation to street capacity, intersection classification, and existing and projected traffic volumes and address reasonable alternatives that would enable traffic to be directed away from residential districts;

(e)

The proposed development must adequately address pedestrian traffic generation, proposed pedestrian circulation facilities and patterns, including but not limited to, provision for adequate sidewalk capacity on and off site, provision for appropriate pedestrian safety on- and off-site;

(f)

The proposed development must adequately address access to public transportation facilities, including, but not limited to, provision for safe pedestrian access to and from transit stops, and pedestrian circulation patterns which encourage the use of public transit, and on-site facilities for alternative means of transportation such as bicycles or van pools;

(g)

The proposed development must adequately address the preservation of historic structures and significant features of existing buildings, including, if applicable, the retention and reuse of structures which are locally or federally designated historic structures; retention and reuse of significant structures, provided that such preservation requirements may be waived by the Administrator if the applicant shows that use of such structure is no longer economically or physically viable; and retention and reuse of structures which contribute to the character of an historically significant area;

(h)

The proposed development must adequately address architectural relationships with surrounding buildings, including provision for appropriate building siting, massing, facade treatment, materials, proportion, and scale;

(i)

The proposed development must address microclimate effects of proposed development, including, but not limited to, wind velocities, sun reflection and sun access to streets, existing buildings, and public and private open space;

(j)

The proposed development must be sensitive to views and view corridors, including, if applicable, important views along major public streets, views from surrounding private properties, and views to and from significant public places, such as parks, open spaces, or campus areas;

(k)

The proposed development must adequately address the location development and functions of open space, including, but not limited to, provision for additional open space where necessary for light and air to adjacent properties, provision for additional open space where desirable to lessen pedestrian impacts and increase safety, or maintenance of existing open spaces which serve these same purposes;

(l)

The proposed development must address the project's compatibility and conformance with any overall master plans accepted by the City Planning Commission, that address area development.

§ 922.14 LEED Building Trust Fund.

[Ord. No. 12-2008, § 1B, eff. 8-19-2008]

There is hereby created the LEED Building Trust Fund for the receipt of funds paid by an applicant whose structure did not obtain an agreed upon LEED rating after construction, initial operation and attempted modification.

Funds deposited in the LEED Building Trust Fund shall be kept in an interest bearing account and shall be appropriated by the Council for the purpose of retrofitting old or constructing new LEED rated City owned facilities.

Funds expended from the LEED Building Trust Fund shall be included in the Capital Program and authorized by Council.

§ 922.15 Mixed Use Development Standards.

[Ord. No. 17-2022, § 8, eff. 6-30-2022; Ord. No. 1-2023, § 16, eff. 3-1-2023]

The following standards shall apply to the UC-MU, UC-E, and R-MU only.

Parking. In addition to the Parking, Loading and Access requirements of Chapter 914, the following limitations on parking shall apply. In the case of conflict with other provisions of the Code, these provisions control.

Required Parking.

The minimum parking required in this District is fifty (50) percent of the minimum parking required in Schedule A of Section 914.02.A, unless otherwise provided.

The maximum parking limitation is the minimum parking required listed in Schedule A of Section 914.02.A.

Uses requiring parking demand analysis shall provide parking in accordance with Section 914.02.B without modification.

Reduction below to fifty (50) percent of the minimum parking required in Schedule A required parking minimums requires contributing to a mobility improvement trust.

Surface Parking.

Surface parking is prohibited, except as accessory to single and two-unit residential when located at the rear of the property, or as exempted in Section 904.08.B.2. Tuck-in parking, located at the rear and underneath multi-unit residential structures shall not be considered surface parking.

Structured and Integral Parking.

New structured and integral parking with six (6) or more spaces, whether a Primary or Accessory use, must have at least ten (10) percent of spaces EV Ready or twenty (20) percent of spaces EV Capable. Structured and integral parking accessory to Affordable Housing, housing with a gross cost, including utilities, that does not exceed thirty (30) percent of the occupant's income, shall be exempt from this requirement. When the minimum number of EV spaces required results in a fractional number, a fraction of less than one-half (½) shall be rounded down to next lowest number and a fraction of one-half (½) or more shall be rounded to the next highest whole number. Prior to issuance of the Record of Zoning Approval, an electrical engineer or other qualified, licensed professional shall document that the building and/or electrical permit drawings approved by the Department of Permits, Licenses, and Inspections are in compliance with requirement.

On any Street frontage, ground level parking is prohibited except if lined with an active use. Active uses include residential, retail, office, lobbies, and bike facilities.

Urban Open Space. Urban Open Space shall be provided in accordance with district requirements and shall be located, developed and maintained in accordance with the following standards.

Components. The particular functions and kinds of Urban Open Space to be provided at a development site shall be based upon consideration of existing and projected pedestrian volumes and circulation patterns; the location, size and character of existing Urban Open Space in the vicinity of the development site; existing and proposed land use patterns; relation to public transportation; and objectives contained in the adopted plan and policy documents pertaining to this District.

Development Standards.

There are two types of Urban Open Space:

Urban Open Space designed to facilitate pedestrian circulation or relieve pedestrian congestion. This type of Urban Open Space shall be at the same level as abutting public sidewalks, shall provide a clear path or area for movement, and shall be accessible to persons with disabilities throughout the entire area.

Urban Open Space designed to provide passive recreation space or informal activity areas. This type of Urban Open Space shall abut and be accessible from a public sidewalk. A plaza or park may be located above or below the level of the abutting sidewalk or open space provided it is accessible to the handicapped. A plaza or park shall contain seating, permanent landscaping and lighting for nighttime illumination.

The Urban Open Space shall be open without restriction to the general public at least during business hours normal to the area in which it is located and during periods of heavy pedestrian movement in the area.

Urban Open Space located under a colonnade is discouraged. If it is provided, the underside of the colonnade shall be two stories above grade. This style of colonnade should be at grade and lined with active uses. The colonnade shall be accessible at the entry and exits and to the extent possible, continuously open to the sidewalk.

When a development site is adjacent to a bus stop or transit station, the Urban Open Space shall be designed to provide access to and waiting areas for transit riders.

Loading and service uses, including trash storage, shall be separate from Urban Open Space to the largest extent feasible.

Landscaping in the Urban Open Space shall assist in managing stormwater and an operations and maintenance plan shall be provided for all stormwater management features. Landscaping selections shall be appropriate for the urban environment and seventy-five (75) percent of planting area shall be composed of native species as defined by the Pennsylvania Department of Conservation and Natural Resources' (DCNR's). Development applications shall include a statement from a registered landscape architect or other qualified professional regarding species selected for durability, survivability, and potential air pollution mitigation.

The Planning Commission may approve the payment of funds in-lieu of the provision of open space in the following cases:

(1)

On small sites where required open space would result in areas of limited public usefulness;

(2)

In locations where required open space would be adjacent to existing large open spaces; or

(3)

In specific locations such as historic districts or other areas where the adopted plans and policy documents applicable to the district indicate that open space is not desirable.

The funds from any approved, in-lieu payments shall be used by the City for the acquisition and development of open space elsewhere within the same neighborhood. The amount of such payment shall be based upon the value of the land that would otherwise be required to be devoted to open space on the development site, plus the cost that would otherwise be incurred by the applicant for development of that space in accordance with the provisions of this section.

Open air restaurants shall be permitted within the area of an Urban Open Space provided that seventy-five (75) percent of the urban open space is still available to the public without charge.

Enlargement of a structure on a lot that does not comply with the required Urban Open Space at ground level may be permitted only if the enlargement does not reduce any of the existing Urban Open Space.

Building Length. Building length on street facing facades is limited to a maximum of three hundred (300) feet, except in the UC-MU the maximum limit shall be four hundred twenty-five (425) feet where a building includes a Grocery Store (General) use with a gross floor area in excess of 15,000 square feet. Where a zoning lot has a building at a length of two hundred fifty (250) feet along a street facing facade, any new buildings or building addition on the same zoning lot shall be separated by at least ten (10) feet. Separate buildings connected by an above ground pedestrian bridge shall exclude the length of the pedestrian bridge from this calculation.

Mechanical Equipment. Mechanical equipment includes heating, ventilation, and air conditioning (HVAC) equipment, electrical generators, and similar equipment. These standards do not apply to wind turbines and solar panels.

Ground-Mounted Equipment. Mechanical equipment must be located to the side or rear of the structure. Any mechanical equipment visible from the public realm must be screened from view by a decorative wall or solid fence that is compatible with the architecture of the building and/or landscaping. The wall or fence must be of a height equal to or greater than the height of the mechanical equipment being screened.

Roof-Mounted Equipment. Roof-mounted equipment visible from the proximal public realm must be screened.

Wall-Mounted Equipment.

Wall-mounted mechanical equipment is not permitted on any facade abutting a primary street frontage.

Wall-mounted mechanical equipment on a secondary street-fronting facade that protrudes more than twelve (12) inches from the outer building wall must be screened from view by structural features that are compatible with the architecture of the subject building. This does not apply to window-mounted air conditioners.

Alternative Compliance for Design Standards. The Zoning Administrator may approve alternative design standard compliance where the alternative design is determined to achieve the purpose of the district equally or more so than through strict adherence to the standards.

Design Standards for Commercial and Mixed Uses.

Facade Design.

The ground floor of a multi-story building must be a minimum of fifteen (15) feet in height measured floor to floor, to promote mixed-use and accommodate a variety of ground-floor uses.

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

Facades must be designed with consistent building materials and treatments that wrap around all facades. A unifying architectural theme must be used for the entire development, using a common vocabulary of architectural forms, elements, materials, and/or colors.

Building Entry.

All buildings must maintain a public entrance from the sidewalk along the primary street frontage.

Public entrances on any facade must be designed as visually distinct elements of the facade.

Fenestration Design.

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.

Roof Design.

Cool Roofs are required for new construction and for roof replacement on existing buildings. Solar Reflective Index values of cool roofs must be consistent with Energy Star Roof Products Key Product Criteria, except where Green Roofs are installed.

Reflective roof surfaces that produce glare are prohibited, except for solar panels or cool roofs intended to radiate absorbed or non-reflected solar energy and reduce heat transfer to the building.

Site Design.

Security elements, such as bollards, and site amenities, like bike racks, should be coordinated with the architectural theme of the building and/or the surrounding landscape and hardscape design and shall not impede the five (5) foot accessible pedestrian route in the sidewalk.

No curb cuts should be permitted along primary streets when access to a lot is otherwise available via a secondary street or a way, unless technically infeasible. Requests for curb cuts on primary streets shall include documentation from a licensed transportation professional and the Zoning Administrator shall consult with the Department of Mobility and Infrastructure on these requests.

Flat Roof Features.

Green roofs, rooftop decks, rooftop gardens, and stormwater management systems are permitted to extend above the parapet of any flat roof building.

Accessory rooftop features of a flat roof, including green roofs, rooftop decks, rooftop gardens, and stormwater management systems are excluded from the calculation of maximum building height.

Design Standards for Residential Uses. Single-Unit Attached Residential, Two-Unit Residential, Three-Unit Residential and Multi-Unit Residential uses must meet the following requirements:

Facades must be designed with consistent building materials and treatments that wrap around all facades. There must be a unifying architectural theme for the entire development, using a common vocabulary of architectural forms, elements, materials, and colors.

Facades of structures containing Multi-Unit Residential uses abutting a street must be articulated through the use of architectural elements to break up blank walls, add visual interest, and present a residential character. Two (2) or more of the following forms of building articulation must be incorporated into the design of structures containing Multi-Unit Residential uses:

For facades over fifty (50) feet in length, modulation of the facade through the use of features such as projections or indentations. Such building modulations must either be projected or be set back a minimum of two (2) feet in depth, and must be a minimum of four (4) feet in width. There may be no more than fifty (50) feet between such modulations.

Architectural elements such as balconies, bay windows, patios, porches, or terraces. There may be no more than fifty (50) feet between such elements.

Changes in color, texture, or material. Changes should occur at inside corners to convey solidity and permanence, and should not occur on a flat wall plane or an outside edge. There may be no more than fifty (50) feet between such changes.

Lighting fixtures or other building ornamentation such as artwork, trellises, or green walls. There may be no more than fifty (50) feet between such fixtures or elements of ornamentation.

Public entrances on any facade must be designed as visually distinct elements of the facade.

Where private open space for residents is maintained, only forty (40) percent of the total of such area may consist of impervious surface. Any fencing that delineates the private open space from public space must be open fencing of at least sixty (60) percent open design with a maximum height of six and one half (6½) feet. Shadowbox fencing is prohibited.

Single-Unit Attached Residential uses are subject to the following curb cut standards:

Garages and parking spaces must be accessed from the rear yard if rear yard access is available. Corner lots, with or without rear access, may alternatively access garages and parking spaces from the exterior side yard.

In cases where front-loaded garage design is the remaining option, shared driveways with one (1) curb cut are encouraged.

Bird Safe Glazing.

Bird Safe Glazing is encouraged in the following applications:

New Construction, except single-unit residential.

Replacement of fifty (50) percent of the glazing on an existing structure except single-unit residential.

Additions to existing buildings totaling of 15,000 sf or greater.

New or renovated above grade pedestrian bridges.

On the first sixty (60) feet of the building from the ground floor, Bird Safe Glazing is required. Above sixty (60) feet, where Intensive Green Roof or Extensive Green Roof exists or trees and vegetation are architecturally integrated into patios or balconies, bird safe glazing is required on the facade of the floor immediately adjacent and the two floors above.

For locally designated historic structures and structures in local historic district subject to the provisions of Chapter 1101, reversible treatment methods may be used such as netting, glass films, grates and screens.

Where ground floor transparency is required, applicant shall work through the Design Review Process to ensure that the Bird Safe Glazing still meets the design intent of ground floor transparency, including visibility into the building from the adjacent pedestrian realm.

Fences and Walls.

Fences and walls in the Build-To Zones are permitted to a maximum four (4) feet in height and shall be of an open design.

Fences and walls in the rear and interior side yard are permitted to a maximum height of six (6) feet and may be opaque.

Fences and walls, shall meet the Materials and Methods Standards in Section 918.03.B.1.(b).

Fences that do not comply with the height standards above may be reviewed and approved in accordance with the Administrator Exception procedures of Section 922.08 subject to the following standards:

No fence or wall shall exceed a height of one foot in additional to what is permitted in the standards above; and

The exception shall not have a detrimental impact on adjacent, impacted, properties or streets.

Residential Compatibility. The Building Height and Setback Standards of Section 916.02 shall not apply. The Screening standards of Section 916.03; the Site Design standards of Section 916.04, the Operating Hours standards of Section 916.05; Noise standards of Section 916.06; and Lighting standards of Section 916.07; and Odor standards of Section 916.08 shall apply.

Height Reduction Zone. Where identified in Height map, the height reduction zone restricts building height for twenty (20) feet into the development parcel. Structures or portions of structures in this zone may not exceed the maximum height permitted in the adjacent zoning district plus twenty (20) feet. The height reduction zone is not a setback, it restricts height within the first twenty (20) feet as shown on the adopted height map.

Whole-Building Life-Cycle Assessment.

All projects requiring Planning Commission Review and Approval under Section 904.08.D.2, Section 904.09.D.2, Section 904.10.D.2, shall submit an initial draft Whole-Building Life-Cycle Assessment as part of application materials, except building demolitions and new open spaces.

The intent of the study is to have those proposing new buildings or significant additions to identify pathways to reducing to zero (0) the net carbon emissions from the project. The study will allow the applicant to understand what would be required to meet that goal, and clearly show through the application review process what recommendations from the study are being incorporated into the project, what are not, and why.

The study must include the following elements:

Embodied carbon in existing structures. Includes consideration of how existing structures can be reused in whole through rehabilitation or in part through retaining components of the building or reusing significant portion of the building materials (e.g., bricks, timber, stonework).

Carbon capture value of existing trees on the site. Includes options for development that retain existing and mature trees already on the site in addition to inclusion of new trees and vegetation that would be added through development. Specifically, how can the building be shaped and massed around existing trees in ways that maintain their health and environmental function?

Zero Carbon energy sourcing. How can the project's construction and operation result in zero net carbon emissions? How can energy for building operation be sources through on- or off-site renewables?