Duquesne City Zoning Code
SECTION 404
040 Use Regulations.
[R.O. 2004 § 404.040; Ord. No. 106 § 1, 7-21-2008]
A.
"R-1" Single-Family District. In the "R-1" Single-Family Residential District, no building, structure or land shall be used and no building or structure shall be hereafter erected, converted or structurally altered, unless otherwise provided for in this Chapter, except for one (1) or more of the following uses:
1.
Single-family.
2.
Churches and other places of worship, but excluding overnight shelters.
[Ord. No. 381, 9-10-2018]
3.
Public schools, elementary, high and other educational institutions which curriculum are equivalent to a public elementary school or public high school.
4.
Museums, libraries, parks, playgrounds or community centers owned and operated by a public agency.
5.
Golf courses.
6.
Group homes, provided that the exterior appearance of the home and property be in reasonable conformance with the general neighborhood standards. Provided, further, that no group home shall be located within two thousand five hundred (2,500) feet of any other group home.
8.
Attached accessory buildings, and detached accessory buildings within three hundred (300) feet of a road to the front or back of the property, including detached garages, private stables, permanent storage buildings, servant quarters occupied only by servants employed on the premises, or other subordinate structures, and including those permitted by Subsection (A)(9), below, shall only be erected (subject to Section 404.080, Height, Area And Yard Exceptions) if a dwelling unit is situated on the same lot or grounds and shall not involve the conduct of a business nor contain kitchen facilities. If no dwelling unit is present on the lot, detached accessory buildings may be erected with a three-hundred-foot setback from a road to the front of the property only if it also has a three-hundred-foot setback from a road to the back of the property, as well as other normal setback requirements [subject to the chart set forth in Section 404.080(A)(3)(a)]. Such accessory buildings may be erected and used for purposes which are clearly incidental to and customarily and commonly associated with the main permitted use of the premises, and shall be so constructed, maintained and conducted as to not produce noise, vibration, concussion, dust, dirt, fly ash, odor, noxious gases, heat or glare which is injurious, damaging, unhealthful or disturbing to adjacent property or the users thereof.
[Ord. No. 257 § 1, 3-9-2015; Ord. No. 348, 10-19-2017; Ord. No. 362 § 1, 5-14-2018]
9.
Uses customarily incident to any of the above uses and including permitted home occupations as set forth below:
[Ord. No. 362 § 1, 5-14-2018]
a.
Permitted minor home occupations include, but are not necessarily limited to, the following: artists and sculptors; authors and composers; home crafts for sale off site; office facility of minister, rabbi or priest; office facility of a salesperson, sales representative or manufacturer's representative, provided that no transactions are made in person on the premises; professional office facilities; individual tutoring; preserving and home cooking for sale off site; individual instrument instruction, provided that no instrument may be amplified; telephone solicitation work; family day-care home not involving more than three (3) children; and computer and bookkeeping services and transcribing services.
b.
Permitted major home occupations shall include, but are not necessarily limited to, the following: any use allowed as a minor home occupation; single-chair beauty parlors and barbershops; photo developing; organized classes with up to six (6) students at one (1) time; television and other electrical repairs, excluding major appliances such as refrigerators or storage; small engine repairs, excluding major automobiles, motorcycles and snowmobiles; upholstering; dressmaking; woodworking, excluding cabinet making; and day-care facilities caring for more than three (3) children.
c.
Any of the above uses may be conducted in the main building, provided such use shall not occupy a floor area greater than one-half (1/2) the floor area of the first story of the building. There shall be no commercial display visible from the street and no signs present on the property except one (1) wall sign not to exceed one (1) square foot indicating the address and the occupant's name.
d.
No home occupation shall be permitted that:
(1)
Changes the outside appearance of the dwelling or is visible from the street.
(2)
Generates traffic, parking, sewerage or water use in excess of what is normal in the residential neighborhood.
(3)
Creates a hazard to persons or property, results in electrical interference or becomes a nuisance.
(4)
Results in outside storage or display of anything.
e.
The following are permitted home occupations:
(1)
Accountant.
(2)
Architect.
(3)
Chiropractor.
(4)
Clergyman.
(5)
Computer programming.
(6)
Contractor, limited to telephone and office use.
(7)
Day nursery, with a maximum of five (5) children at any one time.
(8)
Dentist.
(9)
Engineer.
(10)
Home crafts and hobby activities such as model making, rug weaving, lapidary work and pottery making.
(11)
Lawyer.
(12)
Masseur or masseuse.
(13)
Musician.
(14)
Osteopath.
(15)
Painting, sculpting or writing.
(16)
Physician.
(17)
Salesman.
(18)
Seamstress/dressmaking.
(19)
Teaching or instruction, provided that not more than three (3) students are taught at any one (1) time, nor more than twelve (12) students per day.
(20)
Telephone answering.
g.
The following additional conditions and restrictions shall apply to such customary home occupations:
(1)
The primary use of the building or structure in which the occupation is situated is clearly the dwelling used by the person as his/her private residence.
(2)
No assistant or other than an immediate family member of the family household is employed, and only one (1) non-illuminated window display or sign of four (4) square feet or less in size may be used to advertise the same.
h.
Any proposed home occupation that is not specifically permitted by this Section shall be considered a special use and be granted or denied by the Board of Aldermen upon consideration of those standards contained in Section 404.135 and properly applied for as required in Section 404.135 of this Code.
i.
Such additional uses as private swimming pools, tennis courts, gardens, customary pets, television and radio receiving antennas not exceeding sixty (60) feet in height, signs as permitted by ordinance, parking areas, toolsheds and private greenhouses not exceeding one hundred (100) square feet in area, play equipment, storage of one (1) tenant-owned boat, camping trailer or pickup camper, the overnight parking of a truck twelve thousand (12,000) gross vehicle weight rating or less on the premises and other similar uses. Any accessory use which exceeds ten (10) feet in height shall be located a distance inside the property line at least equal to its height.
10.
Utility uses.
11.
Short-term rental.
[Ord. No. 487, 8-8-2022]
B.
"R-2" Two-Family Residential District. In the "R-2" Two-Family Residential District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided for in this Chapter, except for one (1) or more of the following uses:
C.
"R-3" Multifamily Residential District. In the "R-3" Multifamily Residential District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided for in this Chapter, except for one (1) or more of the following uses:
[Ord. No. 270 § 1, 10-12-2015]
D.
"R-4" Planned Unit Development District. This district is intended to provide alternate residential housing, including residential neighborhood units, clusters, condominiums and zero lot line developments. Short-term rentals may also be included. All planned unit developments must be approved by the City.
[Ord. No. 487, 8-8-2022]
E.
"C-1" Non-Retail Commercial District. This district is intended to provide professional or service offices for the general population of the City of Duquesne. In the "C-1" Non-Retail Commercial District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided for in this Chapter, except for one (1) or more of the following uses:
[Ord. No. 270 § 1, 10-12-2015]
1.
Office buildings to be used only for the administrative functions of individuals, groups, companies, corporations, social or philanthropic organizations or societies.
3.
In the "C-1" Commercial District, the following regulations shall apply:
a.
No merchandise shall be displayed or handled except inside the buildings. No equipment or vehicles other than that utilized daily shall be stored on the premises.
b.
Nameplate and sign relating only to the occupations practiced therein are allowed. No lighted or flashing signs shall be permitted. Any nameplate or sign shall be permanently affixed to the structure and shall not exceed three (3) feet by five (5) feet.
4.
Short-term rental.
[Ord. No. 487, 8-8-2022]
F.
"C-2" Retail Commercial District. This district is intended to provide retail and service establishments serving the general community and others. In the "C-2" Retail Commercial District, no building or land shall be used and no building shall be hereafter erected, converted or structurally altered, unless otherwise provided for in this Chapter, except for one (1) or more of the following uses:
1.
Uses Permitted.
a.
Any use permitted in Districts "C-1."
[Ord. No. 270 § 1, 10-12-2015]
b.
Banks or other financial institutions.
c.
Bakeries.
d.
Cleaning, pressing and dyeing plants employing not more than five (5) persons each; provided only non-explosive cleaning fluids shall be used.
e.
Gasoline sales.
f.
Greenhouses.
g.
Food service establishments, including drive-in service.
h.
Beauty or barber shops.
i.
Publishing, including job printing.
j.
Hospitals and clinics, including veterinary hospitals and clinics.
k.
Mortuaries or funeral homes.
l.
General business offices and stores.
m.
Stores and shops for the sale of products at retail only.
n.
Studios or broadcasting facilities (no towers).
o.
Theaters or moving picture shows.
p.
Wholesale sales and storage.
q.
Shops for custom work or the manufacture of articles to be sold at retail on the premises; provided that in such manufacture total mechanical power shall not exceed five (5) horsepower for the operation of any shop and provided that the space occupied by the manufacturing use permitted herein shall not exceed fifty percent (50%) of the total floor area of the entire building or the equivalent of the ground floor area thereof and, provided further, that such manufacturing use is not noxious or offensive by reason of vibrations, noise or emission of odor, dust, smoke or gas.
r.
Such accessory retail, professional or service uses that are necessary for convenience of citizens subject to review by the Commission to insure conformity to the intent of the regulation.
s.
Short-term rental.
[Ord. No. 487, 8-8-2022]
t.
When conducted within a completely enclosed building, automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping and battery manufacturing.
[Ord. No. 510, 6-12-2023]
G.
"M-1" Industrial District. This district is intended primarily for the conduct of manufacturing, assembling and fabrication and for warehousing, wholesales and service uses. These operations do not depend primarily on frequent personal visits of customers or clients but may require good accessibility to major rail, air or street transportation routes.
[Ord. No. 270 § 1, 10-12-2015]
1.
Uses Prohibited. Those uses are prohibited which may be obnoxious or offensive because of emission of odor, dust, smoke, gas, glare, noise or disposal of waste materials.
2.
Uses permitted.
a.
Any use permitted in District "C-2."
[Ord. No. 330 § 1, 6-12-2017]
b.
Building materials sales yard and lumberyard, including the sale of rock, sand, gravel and the like as an incidental part of the main business, including a concrete batch plant or mix plant.
c.
Contractor's equipment storage yard or plant or rental of equipment commonly used by contractors.
d.
Freighting or trucking yard or terminal.
e.
Public utility service yard or electrical receiving or transforming station.
3.
The following uses are permitted when conducted within a completely enclosed building:
a.
The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candies, cosmetics, dairy products, drugs, perfumes, pharmaceuticals, soaps, toiletries and food products.
b.
The manufacture, compounding, assembling or treatment of articles or merchandise from previously prepared materials.
c.
The manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas.
d.
The manufacture and maintenance of electric and neon signs, commercial advertising structures, light sheet metal products, including heating and ventilating ducts and equipment, metal buildings, wood buildings and wood products.
e.
Manufacture of musical instruments, toys and novelties.
f.
Automobile assembling, painting, upholstering, rebuilding, reconditioning, body and fender works, truck repairing and overhauling, tire retreading or recapping and battery manufacturing.
g.
Blacksmith shop and machine shop, excluding punch presses over twenty (20) tons rated capacity, drop hammers and automatic screw machines.
h.
Foundry casting lightweight non-ferrous metal not causing noxious fumes or odors.
i.
Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including the manufacture of small parts only, such as coils, capacitors, transformers, crystal holders and the like.
j.
Wholesale storage or manufacture of alcoholic beverages or non-alcoholic beverages.
4.
Also permitted are any buildings, structures and uses which are customarily incidental to any of the above uses.
5.
The uses permitted under this Section shall be conducted in such a manner that no noxious odor, noise, fumes or dust will be emitted beyond the property line of the lot on which the use is located. No use shall be permitted or so operated as to produce or emit:
a.
Smoke or particular matter of a No. 1 or darker on the Ringelmann Chart.
b.
Dust, fly ash, radiation, gases, heat, glare or other effects, which may be injurious to humans or property at the property line.
c.
Vibrations or perceptible concussion measured with instruments at the property line.
d.
The noise level shall not exceed the following levels at any point along the property line.
Octave Band | Maximum Level |
|---|---|
0 to 75 CPS | 55 db |
75 to 1,200 CPS | 40 db |
1,200 to 4,800 CPS | 25 db |
Above 4,800 CPS | 22 db |
e.
Industrial wastes shall be of a quantity and nature as not to overburden the public sewage disposal facilities or cause odor and unsanitary effects beyond the property line.
H.
"UD" Undeveloped Land District.
[Ord. No. 348, 10-19-2017]
1.
This district is intended to include land which for one reason or another has not been developed or used for purposes other than agricultural.
2.
Removing land from this district and placing it in one of the other districts requires approval of the Commission and Board.
3.
If no dwelling unit is present on the lot, detached accessory buildings may be erected with a three-hundred-foot setback from a road to the front of the property only if it also has a three-hundred-foot foot setback from a road to the back of the property, as well as other normal setback requirements [subject to the chart set forth in Section 404.080(A)(3)(a)].