Real Estate Zoning

If you are looking to develop a vacant piece of land or renovate an existing structure here in Pittsburgh, you are going to have to understand the zoning for the area where your real estate is located. Real estate zoning governs the usage of real property, such as determining where a commercial enterprise can be located and how large a structure can be built on the land. It is vital to understand this so that you can make the right decisions when buying or leasing a parcel of land for your business, including the types of residential units that can be developed. You are also going to need to know about the variance process, especially if you own an existing structure or land for which you would like to alter the usage. An experienced Pittsburgh real estate attorney is vital for your business when it comes to dealing with zoning and variance issues.

What are the Zoning Categories in Pittsburgh?

Pittsburgh has two zoning types. Base zoning districts provide the primary use, height and density standards for a particular property. There are five different base zoning categories. Then there are overlay zoning districts that add additional regulations specific to certain areas.

Base Zoning Districts

There are five base zoning district categories. Some seem self explanatory, while others need more of an explanation. Residential Zones are places where primarily personal residences can be built. These are then broken down further into ones where multi-unit residents can be built, which includes other types of residential structures, and others that are limited to detached single-family, two-unit or three-unit residence types.

Commercial Zones are more permissive than Residential Zones. These are zones that permit commercial uses, such as stores, restaurants and office buildings. Pittsburgh has local neighborhood, urban neighborhood, and highway commercial zones.

Industrial Zones are ones that allow for industrial activities. This is where you will find factories, warehouses, and manufacturing spaces. Like Commercial Zones, these are further broken down into neighborhood, urban, and general industrial zones.

As its name implies, Mixed-Use Zones provide for a combination of uses. For example, you may have a residential and commercial zone that will allow for storefronts on the ground floor with apartments above. These are often on major roadways. You also may have commercial-industrial, where you will have factories and office buildings in the same district.

Special Purpose Districts are created for a specific purpose by the Pittsburgh Zoning Board. Some of these include the Education/Medical Institution district, the Riverfront district, and the Golden Triangle. If you are looking to build or renovate your property in a Special Purpose District, it will be vital to review the usage permitted before undertaking your project.

Overlay Zoning Districts

There are three Overlay Zoning Districts in Pittsburgh. These provide additional regulations on top of the base zoning for the property. Environmental Overlay Districts provide extra rules that relate to environmental protection, such as those located in floodplains. Development Overlay Districts provide additional regulations that relate to development standards, such as providing a number of parking spaces for the premises. Finally, Planning Districts provide guidance to the affected areas, such as Downtown Districts and Public Realm Districts. Just like with properties located in Special Purpose Districts, these have very specific rules that you need to clearly understand regarding the usage of your land.

How Does the Variance Process Work in Pittsburgh?

If you own property in a specific zoning district and want to deviate from the strict requirements, you will need to file for a variance with the Zoning Board of Adjustment (ZBA). In order to get a variance, you will need to demonstrate that complying with the zoning will create an “unnecessary hardship” for you, or that you have unique circumstances that require you to deviate from the rules.

The process starts with a review of your project’s plans and how they may conflict with the current zoning regulations for your property. This entails having a team of professionals review the local zoning, as well as your plans. So, you will need to retain an experienced attorney to work with your architect and engineer. One area you may need to look at is if the topography of your land creates an unnecessary hardship that needs to be addressed by having plans that deviate from the zoning requirements.

Once you have determined that a variance is necessary, you will have to prepare and file an application with the ZBA that includes a completed Board of Appeals form, as well as payment of the applicable filing fee. Depending on the type of project, you can either file this in person at the ZBA office or online through the OneStopPGH portal. Your attorney will provide you with guidance on this issue as well.

After filing your application, you will receive a notice from the ZBA scheduling a public hearing. This is where you will have the opportunity to present your case, while people in neighboring properties will be able to voice their opposition to your plans. Therefore, it is crucial that you and your team prepare for the hearing. You will need to get all of your evidence ready, prepare your arguments, and anticipate the questions you will receive from the members of the ZBA. It is also important to gauge the feelings of the owners and residents in neighboring properties. It may pay to have your attorney or someone else on your team contact these neighbors ahead of time so you can answer their questions and allay any concerns they may have about the scale and scope of your project. 

During the hearing, you will present your case, demonstrating why the ZBA should grant you a variance. You will need to present evidence supporting your position, while also making legal arguments regarding the criteria set forth in the Zoning Code. If similar variances have been granted in the past for other properties in the district, this is a fact that should be presented to the ZBA. The members of the ZBA will have the chance to ask questions of you and your team, so it is important to be prepared for any and all potential areas of inquiry. The neighbors will also be given an opportunity to speak and raise their objections, so you should prepare for this as well.

The ZBA has 45 days in which to make a decision, which will be based on the evidence presented and the criteria set forth in the Zoning Code. If your application is approved, you can proceed with your project. However, if it is denied, you have the right to appeal the decision.

What are Some Recent Changes to Zoning in Pittsburgh?

Pittsburgh has enacted some recent changes to the Zoning Code. Some of these will help developers, like reducing the minimum lot sizes for new construction and the parking requirements for new construction. Homeowners are also being allowed to convert basements into apartments and to build them over garages as accessory dwelling units (ADUs). Finally, the city is increasing the percentage of affordable housing units in new residential developments located in certain parts of the City.

Contact a Pittsburgh Real Estate Attorney Today

If you are looking to develop a parcel of land or make changes to an existing structure here in Pittsburgh, you are going to need an attorney with zoning and variance experience. The real estate attorneys at Jones Gregg Creehan & Gerace can assist you with such things as reviewing your plans to determine zoning compliance and preparing  variances for your project. Contact us today so that we can begin assisting you.