What’s the Use? Introduction
By Carolyn Ristau
Use is one of the most fundamental components of zoning. The original US comprehensive zoning codes of the 1910s and 1920s typically focused on the use, height, and density of buildings in the city. Today, when considering the zoning implications for a project, the first questions are typically what’s the use and what’s the zoning district. Note: More questions will follow, the number of which will depend on the answers to the proceeding questions.
According to the Pittsburgh zoning code:
Use means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained. (926.242)
There are many common complications in asking what the use of a property is. First, the zoning code works in varying degrees of compatibility with other codes related to real estate, including building, historic, and tax codes, each of which has their own definitions and interpretations. Second, there are a variety of nuances within the zoning code. Zoning differentiates between primary and accessory uses and applies different rules to each. Also, the definitions of uses in the zoning code may vary from the interpretation of the user – for example, what is a house (aka single-family dwelling) to the user may be a variety of things to the code.
Over the next few weeks, we will dive into some of the most common complexities that can arise when working with uses, including identifying the legal use, the differences between residential and commercial uses, the differences between primary and accessory uses, and the fine line between use as a single-family dwelling or not.
