Pittsburgh Zoning Districts - H Overview
By Carolyn Ristau
Introduction
Zoning districts are a fundamental building block of zoning regulations and set the base use, height, and density standards. In some cases, the district also sets the required level of zoning review. Nearly 10% or 4.69 square miles of Pittsburgh falls into an H (Hillside) zoning district. In this post, we provide an overview of the challenges when working on a site in the H zone. Additional posts will dive into the uses and density regulations for the H.
Refer to our Introduction to Pittsburgh’s Zoning Districts for the complete list of base zoning districts in the city. Pittsburgh’s interactive zoning map can be used to verify the project site’s zoning district.
Challenges
The Hillside zoning district is the only base zoning district that limits development activities due to environmental constraints, even though Pittsburgh presents several environmental conditions that affect buildings (flooding, landslides, and mine subsidence).
The H, Hillside District is intended to:
1. Promote environmental preservation and fiscal responsibility;
2. Allow reasonable use and development of property zoned H, Hillside; and
3. Apply in areas that are not suitable for intensive development because of the presence of environmental or scenic resources and because of the difficulty of providing essential public facilities and services in an efficient and cost-effective manner.
In acknowledgement of the necessity for limitations, the list of uses permitted at any level (permitted-by-right through conditional use) is shorter than even the R1D (single-unit detached residential) zoning district. There are some oddities in the uses that are permitted. For example, Excavation/Grading/Fill, Major is permitted as a Conditional Use and Forestry Activities are permitted as a Special Exception. Although they are permitted at these levels in all zoning districts and all districts except riverfront, respectively, both uses seem like they would increase the instability of Pittsburgh’s hillsides and therefore be in direct contradiction to the district’s purpose.
Other regulations in this district do support the purpose above, but as a result, add to the applicant’s burden. Any construction activity including additions and rehabilitations to single-family dwellings or any other use requires Site Plan Review. Site Plan Review involves additional fees, longer review times, and often additional documentation. Depending on the site conditions and scope of work, a geotechnical report or a letter from a geotechnical engineer may be required.
Instead of setbacks, the Hillside sets a maximum area of disturbance. The interpretation of the maximum area of disturbance standard can vary. As with several zoning regulations, it works best on a vacant lot. If a new single-family dwelling is being built on a vacant lot, clearly only up to 50% of the lot can be cleared, dug, or paved over for the foundation, house, porch, walkways, driveway, and any other accessories proposed. If a lot is already built upon and an addition or new parking pad is proposed, there are multiple interpretations. One interpretation is that this addition or parking pad can disturb up to 50% of the lot during its construction, regardless of how much of the parcel is already built up. However, the stricter interpretation seems more in keeping with the acknowledgement in this district that hillsides are not necessarily stable enough for intense development. This stricter interpretation says that the 50% area of disturbance includes the existing structures and pavement as well as the proposed changes. Sometimes the existing structure already takes up more than 50% of the total lot area, which means any additions or new pavement would require a variance from the Zoning Board of Adjustment.
Conclusion
The zoning district sets the base use, height, and density standards for any project and may also designate the level of review required. Any project needing zoning review in the Hillside zoning district will require the longer and more expensive Site Plan Review process. Applicants should also be prepared to provide additional documentation, such as evidence from a geotechnical engineer. The district’s regulations are easier to interpret and comply with on an unbuilt lot. Sites with existing buildings may experience more challenges.
