What’s the Use? Single-Family Dwelling - Part I

By Carolyn Ristau

The detached single-family house is perhaps the raison d’etre of zoning codes in the U.S. It is certainly treated as an almost sacred thing in many of these codes. The Pittsburgh zoning code has something very specific in mind when it refers to the single-unit or single-family dwelling. The single-family dwelling is being included in this series on use because the specificity of this definition causes consternation unique among all the different primary uses acknowledged by the zoning code.

To start with, there is the definition of a dwelling unit:

a building or portion thereof designed and used for residential occupancy by a single family and that includes exclusive sleeping, cooking, eating and sanitation facilities. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units unless the additional cooking facilities are clearly accessory, such as an outdoor grill (926.72, emphasis added)

A definition as specific as this helps inspectors identify if a property is being used in accordance with the stated use. However, this particular definition creates some challenges.

Pittsburgh has a long history of immigrants from cultures across the world. Italians were one of the groups that made a significant impact on the built environment as seen in churches and homes. One of the cultural traditions that some Italian families built into their homes was the tradition of cooking and hosting meals for large gatherings of people. To accommodate the amounts of food being cooked, some families installed a second kitchen in their homes. While this tradition is not necessarily limited to those of Italian heritage, there is a correlation in Pittsburgh between houses with two kitchens and neighborhoods with historically high percentages of Italian immigrants.

Applicants renovating houses like this run into challenges when the inspector walks through and sees the second kitchen. According to the zoning code’s definition of a dwelling unit, the inspector cannot sign-off on work being done to a single-family dwelling if there is a second kitchen. A case can be made for a small, partial kitchen as an accessory like a wet bar. However, it is harder to make the case for an accessory kitchen when it is a full-service kitchen. The zoning code’s assumption is that this means there is a second dwelling unit housed in the structure. If there were a home occupation like a bakery or catering, the building could be kept in the single-family dwelling use category even with a second kitchen. There is no provision in the zoning code (other than a zoning board variance) for a second kitchen used solely for entertaining purposes in a single-family dwelling.

But kitchens aren’t the only issue. Check back next week for the issues with defining family in the zoning code.