What’s the Use? Single-Family Dwelling - Part II
By Carolyn Ristau
Last week, the issue with kitchens in the definition of a dwelling unit was explored. This week goes further to explore the issues of defining family.
The Pittsburgh zoning code definition of a dwelling unit is:
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)
The single cooking facility requirement causes some issues as discussed last week, but the more common sticking point is the definition of family.
Family means:
(a) An individual, or two (2) or more persons related by blood or marriage or adoption, living together in a dwelling unit; or
(b) A group of not more than three (3) persons who need not be related by blood or marriage or adoption, living together as a single housekeeping unit in a dwelling unit, and shared common facilities as considered reasonably appropriate for a family related by blood, marriage or adoption; in either case exclusive of usual servants; or
(c) A group of not more than eight (8) unrelated disabled people living together as a single housekeeping unit in a dwelling unit and sharing common facilities as considered reasonably appropriate for a family related by blood, marriage or adoption. If appropriate, one (1) staff person may reside on the premises and will not be included in the total number of occupants. Any additional staff shall be included in the total number of occupants. A Family may not be a Multi-Suite Residential facility as defined in Sec. 911.02 or an Assisted Living facility as defined in Sec. 911.02. (926.76)
If everyone in the household is linked by blood, marriage, or adoption (or, due to other city ordinances, civil union), there are no issues. As soon as someone not connected by one of those ties is introduced into the mix, the total number of people permitted to reside in the house is three (“exclusive of usual servants” - if live-in servants still exist in Pittsburgh homes). This number can increase to eight people plus one live-in staff, if all eight qualify as disabled according to Americans with Disabilities and Fair Housing laws.
Pittsburgh has many homes with four or more bedrooms. If a related family or a group of people with disabilities cannot be found to fill the house, then bedrooms will have to sit unused, if not repurposed. In the midst of a pandemic, it doesn’t sound so bad to have a six-bedroom house with three unrelated people living together, each with their own bedroom and work from home office. In non-pandemic times, having that many empty bedrooms creates an affordability issue.
Affordability can also be an issue if a related family of three people has a spare bedroom or two that they want to rent out. By renting out that room, they introduce an unrelated person into the mix and thereby fall into the second category of family. Now that they have four people and the second category applies, they are no longer compliant with the zoning code definition of a single-family. Technically, they would have to seek a variance from the zoning board to proceed.
Defining family by the number of unrelated people is not unique to Pittsburgh. However, there are alternate models that define an unrelated family living as a single housekeeping unit by the number of bedrooms or the square footage of the house. Either alternative could reduce the challenges faced by property owners in Pittsburgh when it comes to finding an affordable use for the city’s large homes.
