Pittsburg City Zoning Code
SECTION XXII
HEIGHT AND AREA EXCEPTIONS AND MODIFICATIONS
§ 1 HEIGHT AND AREA EXCEPTIONS AND MODIFICATIONS.
The regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing in this Ordinance.
(Ordinance 550 adopted –/–/–; Ordinance 682-06, sec. III, adopted 2/13/06; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 2 HEIGHT.
a.
Schools, public buildings and institutions may be erected to a height not exceeding 85 feet in any district in which they are permitted, provided front and rear yards are increased in depth and side yards are increased in width one foot for each foot of height that the building exceeds the height regulations of the district in which it is located.
b.
The height regulations prescribed herein shall not apply to television or radio towers, church spires, belfries, monuments, tanks, water and fire towers, state [stage] towers or scenery lofts, cooling towers, ornamental towers and spires, chimney, elevator and air-conditioning penthouses, skylights, conveyors, flagpoles and grain elevators.
c.
The limitation on number of stories shall not apply to buildings used exclusively for storage purposes provided such buildings do not exceed the height in feet permitted in the district in which they are located.
(Ordinance 550 adopted –/–/–; Ordinance 682-06, sec. III, adopted 2/13/06; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 3 GENERAL AREA EXCEPTIONS AND MODIFICATIONS.
a.
Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses, cornices, and ornamental features not to exceed 24 inches. Accessory buildings or other structures (not including fences) shall not be located in front of the front building line of the principal structure.
b.
Open or lattice-enclosed fire escapes, required by law, projecting into a yard not to exceed five feet and the ordinary projection of chimneys and pilasters shall be permitted by the Chief Inspector when placed so as not to obstruct light and ventilation.
c.
Terraces, uncovered porches and ornamental features which do not extend more than three feet above the floor level of the ground (first) story may project into a required yard, provided these projections be distant at least two feet from the adjacent side lot line.
d.
Where a lot or tract is used for educational, institutional, hotel, commercial or industrial purpose, more than one main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
(Ordinance 550 adopted –/–/–; Ordinance 682-06, sec. III, adopted 2/13/06; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 4 FRONT YARDS.
The front yards heretofore established in R-1a and R-2 Districts shall be adjusted in the following cases:
a.
If forty percent (40%) or more of the lots on the same side of a street between two intersecting streets are improved with buildings, then the minimum front yard requirement on that side of the street shall be established by the existing building with the least front yard.
b.
Notwithstanding the provisions of Subsection 1.[§ 2] above, a setback or front yard shall not be required which is greater than 50 feet.
c.
Interior lots having a frontage on two streets shall provide the required front yards on both streets.
(Ordinance 550 adopted –/–/–; Ordinance 682-06, sec. III, adopted 2/13/06; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023; Ordinance 1003-24 adopted 6/10/2024)
§ 5 SIDE YARDS.
The side yards heretofore established shall be adjusted in the following cases:
a.
On a corner lot the width of the yard along the side street shall not be less than 12 feet for Residential District and Restricted Professional and Office Districts.
b.
No accessory building shall project beyond a required yard line along any street.
c.
Commercial or industrial buildings used in part for dwelling purposes shall provide side yards not less than five feet in width unless every dwelling room opens directly upon a front yard, rear yard or court.
d.
For the purpose of the side yard regulations, a two-family dwelling, or a multiple dwelling shall be considered as one building occupying one lot.
e.
Whenever a lot of record at the time of the of the passage of this Ordinance has a width of less than 50 feet, the side yard on each side of a building may be reduced to a width of not less than 10 percent of the width of the lot, but in no instance shall it be less than four feet.
f.
A porte-cochere, carport or canopy may project into a required side yard provided every part of such porte-cochere, carport or canopy is unenclosed except for necessary structural supports and not less than five feet from any side lot line.
(Ordinance 550 adopted –/–/–; Ordinance 682-06, sec. III, adopted 2/13/06; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 6 REAR YARDS.
The rear yards heretofore established shall be adjusted in the following cases:
Where a lot abuts upon an alley, one-half of the alley width may be considered as part of the required rear yard.
a.
Where an industrial lot abuts on a railroad and is served by a spur tract, no rear yard shall be required.
(Ordinance 550 adopted –/–/–; Ordinance 682-06, sec. III, adopted 2/13/06; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 7 LOT AREA PER FAMILY.
a.
Where a lot of record at the time of the effective date of this Ordinance has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nonetheless be used for a one-family dwelling or for any other non-dwelling use permitted in the district in which it is located.
b.
Lot area per family requirements shall not apply to dormitories, fraternities, sororities, clubs, hotels, or apartment hotels where no built-in cooking facilities are provided in individual rooms or apartments.
(Ordinance 550 adopted –/–/–; Ordinance 682-06, sec. III, adopted 2/13/06; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 8 ACCESSORY BUILDINGS.
a.
Accessory buildings may be built in a rear yard but such accessory buildings shall not occupy more than 30 percent of the required rear yard and shall not be nearer than five feet from any side or rear lot line, except that when a garage is entered from an alley it shall not be located closer than five feet to the alley line. An accessory building within 25 feet of the rear lot line on corner lots shall not be closer than 25 feet from the side street.
b.
If a garage is located closer than 10 feet to the main building the garage shall be regarded as part of the main building for the purpose of determining the side and rear yards.
c.
No accessory building shall be constructed upon a lot until the construction of the main building has actually been commenced, and no accessory building shall be used unless the main building on a lot is completed and used.
d.
No accessory building shall be used for dwelling purposes except through the issuance of a Special Use Permit in compliance with Section XXIV.
e.
Any fence or wall erected and located in front of the minimum required front yard, shall not exceed four (4) feet in height and shall not obscure site [sight] lines from vehicles entering the street from a driveway.
(Ordinance 550 adopted –/–/–; Ordinance 682-06, sec. III, adopted 2/13/06; Ordinance 940-22 adopted 6/13/2022; Ordinance 958-23 adopted 1/9/2023)
§ 9 FENCE AND SCREENING REGULATIONS.
a.
Definitions
i.
Animal husbandry:
The act or practice of cultivating crops and breeding and raising livestock; agriculture.
ii.
Expanded multifamily or nonresidential use:
An existing multifamily or nonresidential use shall be considered expanded when building square footage or parking area is increased by more than fifty percent (50%).
iii.
Fence:
An enclosed barrier erected or maintained on or within property lines for the purpose of enclosing, partitioning, screening, restricting access to or decorating the enclosed lot, parcel, building or structure, or divides any yard.
iv.
Front yard setback area:
An area extending the entire width of the lot, fronting on any street, between the front building line and the front lot line.
v.
Game court:
a structure having a playing surface, paved or unpaved, with or without enclosing fences, designed to be used for playing or practicing tennis, badminton, volleyball, paddle tennis handball, baseball, batting, handball, racquetball, squash, basketball, or similar games.
vi.
Loading area:
Any entrance/exit into or out of a building that is used for the loading or unloading of materials by trucks or other vehicles.
vii.
Loading space:
Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles, and not considered as part of the minimum required off-street surface parking.
viii.
Lot, corner:
A lot located at the intersection of and abutting two or more streets. The rear yard of a corner lot abuts the rear yard of another corner lot.
ix.
Lot, double frontage:
A lot having frontage on two nonintersecting roads, as distinguished from a corner lot. Also known as a "through lot."
x.
Lot, interior:
A lot having frontage on one road. The side and rear yard of an interior lot abuts other lots.
xi.
Lot, reverse corner:
A corner lot where the rear lot line is adjacent to a side lot line of an adjoining lot or across an alley from such side lot line.
xii.
New multifamily or nonresidential use:
A new multifamily or nonresidential use shall mean the conversion of a vacant lot or a lot formerly used for agricultural or residential uses to a multifamily or nonresidential use.
xiii.
Nonconforming fence:
Any fence in existence on the effective date of this Section.
xiv.
Parapet wall:
A building facade that rises above the roof level, typically obscuring a gable or flat roof as well as any roof-mounted equipment.
xv.
Penthouse screen:
A wall or other enclosure atop a building designed to conceal roofmounted mechanical equipment or storage areas too tall to be hidden behind a parapet wall.
xvi.
Screening:
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, gates, parapet walls, penthouse screens, features of a building, or densely planted vegetation.
xvii.
Screening wall:
A brick or other masonry wall constructed in accordance with the standards and criteria set forth in the City's Standard Construction Details.
xviii.
Single-family zoning or use:
Includes vacant or agricultural land with R1-A, R1-B, R-TH, PD, zoning; developed property containing single-family detached, single-family attached, or townhomes.
xix.
Yard, front:
The yard extending the entire width of the lot, fronting on any street, between the nearest part of the principal building, including covered porches, but excluding roof overhang, and the front lot line.
xx.
Yard. rear:
The yard extending the entire width of the lot between the nearest part of the principal building and the rear lot line.
xxi.
Yard, side:
An open, unoccupied space or spaces on one or more sides of a principal structure extending from the structure to the side property line.
b.
Fence Requirements:
The Building Official has the authority to approve adjustments based on vicinity of property to underdeveloped areas.
i.
Applicability:
All new, altered, modified, or reconstructed fencing shall comply with this section. Legal and nonconforming fences may be maintained without a permit; however any alterations, modifications, or improvements in excess of fifty percent (50%) of its replacement cost shall require conformance with this section.
ii.
Permits:
Each application for a permit shall be accompanied by the appropriate fee as determined in the fee schedule in Appendix A of the Code of Ordinances, as amended. The permit application shall include the following:
a)
Site plan showing building locations and area to be fenced;
b)
Height of fence and materials to be used (including color);
c)
Intersections of streets, roads, highways, alleys, and driveways;
d)
Corner visibility triangles, when required, shall be shown;
e)
Zoning of subject and surrounding properties; and
f)
Any other information deemed necessary by the building official
iii.
Duty and responsibilities of permit applicants:
a)
Permit applicants are responsible for the determination and location of easements, property lines, rights-of-way, and utilities prior to application for a permit and construction offences. A survey by a Registered Surveyor may be required it [if] applicant is unable to demonstrate the property lines.
b)
Permit applicants shall be responsible for researching and complying with all private deed restrictions or private subdivision requirements.
iv.
Fence Standards:
a)
Approved Materials.
Approved side and rear yard fence materials include wood, PVC (if specifically listed and manufactured as fencing materials), and wrought iron, galvanized or vinyl coated chainlink, stone, and masonry. Approved front yard fence materials include wood pickets, PVC pickets (if specifically listed and manufactured as fencing materials), vinyl coated chainlink (green or black), and wrought iron. Galvanized chainlink may be used in front yards for industrial security fencing.
b)
Prohibited Materials.
Prohibited fencing materials include rope, string, wire products including, but not limited to chicken wire, hog wire, wire fabric, barbed wire (except as specifically allowed herein), razor ribbon wire and similar welded or woven wire fabrics, chain, netting, cut or broken glass, paper, metal panels, corrugated metal panels, galvanized sheet metal, plywood, fiberglass panels or plastic panels in any fence or any other materials that are not manufactured specifically as fencing materials. The building official may require the applicant to provide the manufacturer's standards to establish the intended use of a proposed fencing material.
c)
Barbed wire fencing shall only be permitted for industrial security fences and in conjunction with animal husbandry on lots greater than one (1) acre. Fence arms or posts with barbed wire shall not exceed three (3) strands. Fence arms shall not protrude over any property line.
d)
Electrical fencing shall only be permitted in conjunction with animal husbandry on lots greater than two (2) acres. Electrical fence chargers must be UL approved and clearly marked with signage at a minimum of fifty-foot (50') intervals.
e)
Wood fences shall be constructed using four by four tread verticals post or two and three-eighths inch (2-3/8") diameter galvanized steel vertical posts. Posts shall be spaced a maximum of eight feet (8') on center, set in minimum eighteen-inch (18") deep concrete footings. Stone or masonry columns are permissible substitutes for verticals post.
f)
Height.
(1)
Residential fences shall not exceed six feet (6') in height above the adjacent grade. Front yard fences shall not exceed four feet (4') in height, except in a designated rear yard on a double frontage lot.
(2)
Nonresidential fences shall not exceed ten feet (10') in height. Fences within the front yard setback shall not exceed four feet (4') in height, except in a designated rear yard on a double frontage lot.
(3)
Game court fences shall not exceed twelve feet (12') in height in or adjacent to a residentially zoned district or sixteen feet (16') in height in a non-residentially zoned district. Game court fences are not allowed in the front yard.
(4)
All fences shall observe the height limitations within visibility triangles as specified in this ordinance.
g)
Private swimming pool fences shall be constructed to the minimum standards set forth in the International Residential Code, as amended.
h)
Notwithstanding other provisions of this section, the owner or operator of any school, church or park may erect upon school, church or park property a fence to protect any schoolyard, ball field or playground without a permit. Said fencing must be placed so as to not interfere with corner visibility triangles or other site distances.
i)
Temporary fencing, including fencing used for the protection of excavation and construction sites, the protection of plants and trees during construction, and fencing used during special events shall be allowed without a permit for a maximum of sixty (60) days. Said fencing must be placed so as to not interfere with corner visibility triangles or other site distances.
j)
Standards for fences erected in the Historic District zone may be varied by the Planning and Zoning Commission and Main Street Advisory Board respectively, in order to maintain consistency in design.
k)
All fences shall provide at least one (1) gate in its perimeter for access. When abutting an alley or easement, one (1) gate shall be installed to provide access to said alley or easement.
l)
Fences shall not restrict access to fire hydrants or utility metering devices.
m)
The finished side of a fence must face any public right-of-way or other public area.
n)
Sufficient ground clearance shall be provided to prevent premature rot and to allow for proper stormwater drainage.
o)
All fences, nonconforming or permitted shall be maintained. If any nonconforming or permitted fence shall become a public nuisance or a danger to the health and safety of the public the fence shall be required to be removed by the building official.
p)
The use of wood or other privacy fences immediately behind or abutting an alternative screening device that utilizes living screening elements (i.e., landscaping), berms, retaining walls and/or open (i.e., non-opaque) fence sections shall not be permitted due to the creation of a "no man's land" and subsequent maintenance nuisance in the area between the two devices/fences, and due to the detrimental visual appearance of this type of arrangement.
q)
In addition to the dimensional requirements set forth in this ordinance, on every corner lot, within the triangle formed by the property lines of such lot and a line drawn between points on such lines at the distances from the intersection thereof that are specified below, there shall be no fence or wall, other than an open wire fence, higher than three (3) feet nor any obstruction to vision between a height of three (3) feet and a height of ten (10) feet above the established grade of each street, or if no grade has been officially established, then above the average elevation of the existing surface of the street intersection, as follows:
(1)
For a corner lot having an interior angle of ninety (90) degrees or more at the street corner, thirty (30) feet;
(2)
For a corner lot having an interior angle of less than ninety (90) degrees at the street corner, thirty (30) feet plus one foot for every ten (10) degrees or major fraction thereof by which such interior angle is less than ninety (90) degrees.
(3)
The requirements specified in this Section shall not apply to United States mailboxes, police and fire alarm boxes, public utility poles, street name markers, official traffic signs and control devices, fire hydrants and tree trunks with a circumference not greater than five (5) feet.
v.
Screening Requirements
a)
Applicability: Screening devices shall be required at the time of a building permit, prior to the issuance of a Certificate of Occupancy, where new or expanded multifamily or nonresidential uses:
(1)
Adjoin single-family residential zoning or uses
(2)
Contain refuse areas or recyclable containers
(3)
Contain mechanical or utility equipment at ground level or rooftop equipment
(4)
Contain loading areas or spaces
(5)
Screening Standards:
(a)
Approved Materials.
Materials approved for screening walls are brick, stone, cementitious stucco, split-face concrete masonry units (CMU's), and pre-cast or cast-in-place concrete with a similar appearance as brick, stone, or split-face CMU's, approved wood fence, and approved vegetation.
(b)
Prohibited Materials.
Use of wood, chainlink, chicken wire, hog wire fencing, and any other material similar in appearance and quality is expressly prohibited. Any materials not listed, designed and constructed for fencing materials are also prohibited.
(c)
Height.
Unless otherwise specified herein, all required screening shall be no less than six feet (6') in height.
(d)
Screening between land uses.
Screening shall be provided along the common property line between new or expanded nonresidential or multifamily and single-family zones or uses. The screen shall take one of the following forms:
1)
A screening wall combined with low shrubs planted on the exterior of the wall.
2)
A decorative wrought iron fence with evergreen trees and shrubs to provide a sufficient screen.
3)
A ten-foot (10') wide buffer-yard containing one of the following vegetative combinations:
a.
Three inch (3") caliper pine trees (Afghan, Austrian, or Japanese Black or a combination thereof) placed in triangular spacing, in two rows, every fifteen feet (15').
b.
One (1) row of three-inch (3") caliper Leyland Cypress trees every fifteen feet (15') and one (1) row of three-inch (3") caliper shade trees every fifteen feet (15') in triangular spacing.
c.
Three-inch (3") caliper Hollies, Wax Myrtles, or Laurels placed in triangular spacing, in two rows, every eight feet (8').
4)
Wood fence eight feet (8") in height built to the standards as described herein this ordinance.
b)
Refuse areas or recyclable containers.
(1)
Refuse areas or recyclable containers shall be screened with a screening wall the greater of eight feet (8') in height or two feet (2') taller than the container being screened. The screening wall shall be architecturally compatible with the principle building(s) on site.
(2)
Compaction units shall provide a floor drain which ties into the sanitary sewer system.
(3)
Gates shall be constructed of metal, wood composite, or PVC composite. Wooden gates are not permitted as they do not sufficiently withstand daily use and abuse.
(4)
Where practical, shrubs and other plants shall be placed outside the enclosure to visually soften the appearance.
c)
Mechanical and utility equipment.
(1)
Mechanical or utility equipment located on the ground shall be screened with a wooden fence or a continuous row of evergreen shrubs. Screen should be at least as tall as the equipment to be screened.
(2)
Mechanical or utility equipment located on the roof of buildings shall be screened from ground view with a parapet wall or penthouse screen. Screen should be at least as tall as the equipment to be screened.
d)
Loading areas and spaces.
(1)
Loading areas and spaces shall be screened from view from rights-of way and other public areas and single-family zoning or uses with a screening wall with low shrubs or a continuous row of evergreen shrubs and trees which provide an uninterrupted six-foot (6') tall screen.
e)
Other creative alternatives to the aforementioned requirements will be considered by the Planning & Zoning Commission if the proposed screening alternative provides for a screening standard equal to or greater than that required.
f)
Screening walls or any other type of screening device shall not be constructed within any portion of a utility or drainage easement unless specifically authorized by the City and by any applicable utility provider(s).
c.
Termination of certain nonconforming fences and screening devices.
The following nonconforming fences and screening devices shall be removed or modified to comply with the provisions of this section within ninety (90) days of notification to eliminate every nonconformity:
i.
Non-traditional fencing materials. Any fence or screening utilizing, in whole or in part, any materials not listed, designed and constructed for fencing materials.
ii.
Public health, safety, and welfare. Every nonconforming fence or screening that poses a threat to the health, safety, or welfare of any person or to the general public.
(Ordinance 958-23 adopted 1/9/2023)