Penn Hills Township
City Zoning Code
City Zoning Code
CHAPTER 1262
Administration, Enforcement and Penalty
§ 1262.01 General Rules of Construction.
[Ord. 2121, passed 11-9-1992]
(a)
The provisions of this Zoning Code shall be interpreted and applied so as to be the minimum requirements for the promotion of the health, safety, welfare and morals of the citizens of the Municipality of Penn Hills.
(b)
Where the conditions imposed by any provision of this Zoning Code upon uses of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of the Zoning Code, or of another applicable law, municipal Zoning Code, rule or regulations of any kind, the regulations which are more restrictive shall govern.
(c)
This Zoning Code is not intended to abrogate any easement, covenant, or other private agreement, provided that where the regulations of this Zoning Code are more restrictive than such easements, covenants, or other private agreements, the requirements of this Zoning Code shall govern.
(d)
No structure shall be erected, converted, or altered, nor shall any structure or land be used except for a purpose permitted in the use district in which the structure or land is located, except as hereinafter provided. No structure shall be erected, enlarged, or altered, except in conformity with the area regulations, minimum yard requirements, performance standards and minimum off-street parking space requirements of this Zoning Code for the district in which such structure is located.
(e)
Any person, partnership, or corporation found to have violated any of the provisions of this Zoning Code shall be notified by the Code Enforcement Officer in writing, of the nature of the violation and the action necessary to correct it.
(f)
All applications for variance, special exception, amendment, conditional use, permit, or any other application or certificate within the scope of this Zoning Code, shall be made on printed forms as approved by the Council, and shall contain accurate information as to size and location of structures on the lot, the dimensions of all yards and open spaces, the sections of this Zoning Code applicable to the request, and such other information as may be necessary to provide for the enforcement of this Zoning Code. A file of such applications shall be kept in the Department of Planning and Economic Development.
(g)
The duty of administering the provisions of this Zoning Code is conferred upon the Department of Code Enforcement, the Planning Commission, the Department of Planning and Economic Development, the Municipal Council, and the Zoning Hearing Board.
§ 1262.02 Department of Code Enforcement.
[Ord. 2121, passed 11-9-1992]
(a)
Powers and Duties.
(1)
The Code Enforcement Officer shall:
A.
Administer and enforce this Zoning Code.
B.
Issue all building permits, and make and maintain records thereof.
C.
Issue all certificates of use, occupancy, and compliance, and make and maintain records thereof.
D.
Conduct inspections of buildings, structures and uses of land to determine compliance with the provisions of this Zoning Code, and make and maintain records thereof.
E.
Maintain permanent and current records of this Zoning Code, including, but not limited to, all maps, amendments, special exceptions, variances, nonconforming uses, conditional uses, appeals, and applications for, and records of, hearings thereon.
F.
Provide and maintain public information relative to all matters arising out of this Zoning Code.
G.
Receive, file, and forward all applications or appeals requiring action by the Zoning Hearing Board.
H.
Prepare and maintain a list and description of all non-conforming lots, uses, signs, and structures.
I.
Provide written notifications of violations of this Zoning Code, as prescribed in this section.
J.
Receive complaints from residents regarding alleged violations of this Zoning Code. The Department of Code Enforcement shall act on a complaint within three business days, and shall keep records of complaints, as well as action taken on them.
(2)
Receive and approve, after a demonstration of good cause, waivers of bulk and area regulations and performance standards. Such waivers shall be documented and limited to dimensional waivers of no more than 12 inches or deviations from performance standards of no more than 1% of the minimum or maximum standard. Such waivers may be approved with or without conditions.
(b)
Appeals. Any appeal from action of the Code Enforcement Officer shall be made to the Zoning Hearing Board within 30 days of such action, in accordance with Chapter 1264. The Code Enforcement Officer shall immediately transmit to the Zoning Hearing Board all of the papers constituting the record upon which the action appealed from was taken.
§ 1262.03 Planning Commission.
[Ord. 2121, passed 11-9-1992]
The Planning Commission is hereby vested with the following jurisdiction and authority:
(a)
To receive copies of all applications for amendments, conditional uses, to make findings and recommendations thereon, and to forward such findings and recommendations to the Council.
(b)
To initiate, direct, and review, from time to time, a study of the provisions of this Zoning Code, and to make reports of its findings and recommendations to the Council no less frequently than annually.
(c)
To supply information to the Code Enforcement Officer as required in this Zoning Code.
(d)
To study, after examination, and, with the aid of expert assistance where required, determine and define all arterial highways within the Municipality and to make a report of its findings to the Zoning Hearing Board and to the Council.
(e)
To receive applications for site plan approval under the provisions of Chapter 1286 and other applicable provisions of this Zoning Code.
(f)
To receive and administer applications for subdivision and land development.
(g)
To otherwise assume powers and duties and administrate the provisions of Act 247 of 1968, as amended by Act 170 of 1988, The Pennsylvania Municipalities Planning Code.
(h)
Upon the request of the Manager, the Mayor and Council or the Planning Director, to conduct workshops, public hearings, and open forums on a wide variety of issues of community interest and to provide, when appropriate, recommendations to the Manager, the Planning Director, and the Mayor and Council.
§ 1262.04 Building Permits.
[Ord. 2121, passed 11-9-1992]
(a)
Building Permits Generally.
(1)
Before the use of any land, or the erection, alteration or enlargement of any structure in any use district begins, a building permit shall be applied for and shall be issued.
(2)
No building permit shall be issued by the Code Enforcement Officer unless the building activity is in strict conformity with the provisions of this Zoning Code, except after a written order from the Zoning Hearing Board or the Council, Any building permit issued which does not comply with these requirements is not lawful and is null and void.
(3)
If the work described in any building permit has not begun within 180 days from the date of issuance, the building permit shall expire, and it shall be cancelled by the Code Enforcement Officer. Written notice of cancellation shall be given to the applicant for the permit within three days of cancellation.
(4)
If the work described in any building permit has not been substantially completed within two years of the date of issuance, the permit shall expire and be cancelled by the Code Enforcement Officer. Written notice of cancellation shall be given to the property owner by the Code Enforcement Officer within three days of cancellation, together with notice that further work, as described in the cancelled permit, shall not proceed unless and until a new building permit has been obtained.
(5)
Any building permit may be revoked and withdrawn by the Code Enforcement Officer if the Officer finds that the permit holder has failed to comply with the conditions under which the permit was issued.
(6)
Recipients of building permits must comply with § 1278.06(f) and are responsible for keeping the construction site free of rubbish and debris at all times, and are responsible for the collection of rubbish and debris on adjacent properties and rights-of-way where such material is generated by the activity covered by the permit.
(b)
Application for Building Permits.
(1)
An application for a building permit in any use district shall be accompanied by the following information. No application shall be deemed to have been filed until all required information is submitted and is of a form and content satisfactory to the Code Enforcement Officer.
A.
A plot plan of the lot showing the location of all present and proposed buildings, drives, parking lots, and other constructional features on the lot, and in B, M, and I Districts, a plan showing all buildings, streets, alleys, highways, streams and other topographical features outside the lot and within 50 feet of any lot line. However, a plot plan will not be required unless permission is requested to erect a new structure or to enlarge the ground floor area of an existing structure.
The Code Enforcement Officer may waive the requirement of a plot plan in a Residential District or use, where a plot plan is not necessary and where submission of such plan would pose an undue burden upon the applicant.
B.
A general description of the proposed use.
C.
Architectural plans for any proposed structure or sign.
D.
Any other data, evidence or statements, and any reasonable number of duplicates of the same that the Code Enforcement Officer may require.
(2)
The Code Enforcement Officer shall act upon an application within 30 days after the filing of the application. Failure to act within this time shall be deemed approval of the application, and in such case, the Code Enforcement Officer shall issue the permit.
(3)
In acting upon an application for a building permit for a structure or land use, the Code Enforcement Officer shall assure himself that all of the requirements of this Zoning Code are met and that all of the standards and limitations established by this section shall be observed. In approving an application, the Code Enforcement Officer may require such changes in plans for land use, buildings, or operation, as may be necessary to assure compliance with this Zoning Code and the limitations established.
§ 1262.05 Certificates of Use, Occupancy and Compliance.
[Ord. 2121, passed 11-9-1992]
(a)
Necessity of Obtaining Certificate.
(1)
No person shall use, occupy, or permit the use or occupancy of, any building, land, or premises, or part thereof hereafter created, erected, altered in its structure, or enlarged in its use, until a certificate of use, occupancy, and compliance shall have been issued therefor by the Code Enforcement Officer, stating that the proposed use of the land, building, or premises conforms to the requirements of the grading and zoning ordinances and the building and fire codes.
(2)
No person shall change ownership, tenants, or occupants of a building, land, or premises unless a certificate of use, occupancy, and compliance shall have been issued by the Code Enforcement Officer prior to said change, stating that the building, land, or premises conform to the requirements of the grading and zoning ordinances and the building and fire codes. In the case of multiple tenants of either commercial, industrial, or residential properties, a certificate of use, occupancy, and compliance shall be required for each tenant.
(b)
Application for Certificate.
(1)
Every application for a building permit shall be deemed to be an application for a certificate of use, occupancy, and compliance, except for building permit applications for swimming pools, window replacement, single-family residential storage sheds, gutters and downspouts, new siding, and other minor repairs to existing structures, as determined by the Director of the Department of Code Enforcement.
(2)
The applicant, in all cases, shall be the owner, or a duly authorized representative of the owner. In the case of a change in ownership of the property, the applicant may be the current owner or the proposed new owner. In the case of a change in ownership of the property, the applicant may be the current owner or the proposed new owner. In the case of a change of tenants, the applicant shall be the owner, and the owner shall provide the names and any other information deemed necessary to clearly identify the proposed new tenants.
(c)
Inspections.
(1)
The applicant for a certificate required by Subsection (a)(1) hereof shall notify the Department of Code Enforcement of the date on which such construction, erection, structural alteration, or enlargement of use shall have been completed in conformity with the provisions of this Zoning Code, and the Code Enforcement Officer shall inspect the building or structure involved within 10 days of such notice.
(2)
An inspection for the purpose of determining whether a certificate required by Subsection (a)(1) hereof should be issued, shall extend only to the immediate area upon which such construction, erection, structural alteration, or enlargement of use took place, and to such appurtenant areas as are reasonably necessary to determine whether the grading and zoning ordinances and building and fire codes are complied with.
(3)
The applicant for a certificate required by Subsection (a)(2) hereof shall notify the Department of Code Enforcement of the date upon which such change of tenants or occupants shall take place, and the Code Enforcement Officer shall inspect the building or structure involved within 10 days of such notice.
(d)
Issuance of Certificates.
(1)
A temporary certificate of use, occupancy and compliance may be issued by the Code Enforcement Officer for a period not to exceed one month during alterations or partial occupancy of a building pending its completion, provided such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public.
(2)
Upon inspection of land, building, or premises to determine whether or not a certificate of use, occupancy, and compliance, required by Subsection (a)(1) hereof, shall be issued, if the Code Enforcement Officer shall find that such construction, alteration, or erection is in accordance with this Zoning Code, a certificate of use, occupancy and compliance shall be issued. Written notice shall be given to the applicant stating why a certificate cannot be issued when the Code Enforcement Officer finds that such construction, alteration, or erection is not in accordance with this Zoning Code.
(3)
Upon inspection of land, building, or premises to determine whether or not a certificate of use, occupancy, and compliance, required by Subsection (a)(2) hereof, shall be issued, if the Code Enforcement Officer finds that this Zoning Code has been complied with, a certificate of use, occupancy, and compliance shall be issued. Written notice shall be given to the applicant stating why a certificate cannot be issued when the Code Enforcement Officer finds that this Zoning Code has not been complied with.
(4)
Upon transfer of ownership of property, the current owner shall produce and deliver a copy of the approved Certificate of Use Occupancy and Compliance to the new owner including notice of any conditions associated with the certificate.
(e)
Revocation or Suspension. A certificate of use, occupancy, and compliance may be revoked or suspended by the Code Enforcement Officer if the Code Enforcement Officer finds that the holder of the certificate has failed to comply with conditions attached to the issuance of the certificate, or if the Code Enforcement Officer finds that the operations of the building or land use fail to comply with the requirements of this Zoning Code.
§ 1262.06 Amendments.
[Ord. 2121, passed 11-9-1992]
(a)
Purpose. This section is intended to provide an orderly process for the consideration of proposed amendments to the text of this Zoning Code or the Zoning Map of the Municipality.
(b)
Who May Initiate Amendments.
(1)
Non-Curative Amendments. Amendments other than those prepared by the Planning Commission, but not including amendments prepared by a landowner, shall be introduced by a member of the Council. Prior to the introduction of the proposed zoning amendment on Council's agenda, the Planning Commission shall conduct a public hearing on the proposed zoning amendment after giving public notice of the hearing in accordance with Subsection (f) hereof. The Council shall submit each proposed amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
(2)
Landowner-Initiated Amendments ("Curative Amendments"). A landowner who desires to challenge the validity of this Zoning Code or any provision hereof, which prohibits or restricts the use or development of land in which a landowner has an interest on substantive grounds, may submit a curative amendment to the Council with a written request that the challenge and proposed amendment be heard and decided by the Council.
(3)
Municipal Curative Amendments. The Municipality of Penn Hills may determine that this Zoning Code, or any portion hereof, is substantially invalid and prepare a curative amendment to correct the defect. Procedures are regulated by the Municipalities Planning Code, Act 170, as amended.
(c)
Application Requirements for Landowner-Initiated Curative Amendments. Applications for landowner-initiated curative amendments shall be filed with the Planning Department on forms provided by the Planning Department. The application shall be accompanied by the legal description of the property, 12 copies of the survey or plot plan, a letter of intent, a written challenge and explanatory materials, describing the applicant's proposed development or purpose for the curative amendment. Such plans or other materials shall not be required to meet the standards prescribed for any approval under this Zoning Code so long as they provide reasonable notice of the proposed use or development and a sufficient basis for evaluating the challenged provision of this Zoning Code or the Zoning Map.
(d)
Review by Planning Commission and County Planning Department.
(1)
Non-Curative Amendments. In the case of an amendment other than an amendment prepared by the Planning Commission, the Council shall submit the amendment to the Planning Commission for review at least 30 days prior to the public hearing required in Subsection (e)(2) hereof. At least 30 days prior to the public hearing which the Council is required to conduct pursuant to Subsection (e)(1) hereof, the Planning Commission shall submit the proposed amendment to the Allegheny County Planning Department for review and comment.
(2)
Landowner-Initiated Curative Amendments. The curative amendment and challenge shall be referred to the Planning Commission and County Planning Department as provided in Subsection (d)(1) hereof.
(e)
Public Hearing.
(1)
Non-Curative Amendments. Before voting on the enactment of a non-curative amendment, the Council shall hold a public hearing thereon, pursuant to public notice in accordance with Subsection (f) hereof. If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be posted by the Code Enforcement Officer at points deemed sufficient by the Code Enforcement Officer along the perimeter of the tract to notify potentially interested citizens. Notice shall be posted on the affected tract or area at least one week prior to the date of the hearing.
(2)
Landowner-Initiated Curative Amendments. The Council shall commence a hearing on a landowner-initiated curative amendment within 60 days after an application for a landowner curative amendment is filed unless the landowner requests or consents to an extension of time. Public notice of the hearing shall be given as provided in Subsection (f)(1) hereof. The hearing shall be conducted in accordance with the following requirements:
A.
The hearings shall be conducted by the Council or the Council may appoint any member as a hearing officer. The decision, or where no decision is called for, the findings, shall be made by the Council, however, the applicant or the Municipality, may, prior to the decision of the hearing, waive decisions or findings by the Council and accept the decision or findings of the hearing officer as final.
B.
The parties to the hearing shall be the Municipality, any person affected by the application who has made timely appearance of record before the Council, and any other person, including civic or community organizations, permitted to appear by the Council. The Council shall have the power to require that all persons who wish to be considered parties enter appearances in writing on forms provided for that purpose.
C.
The presiding officer of the Council or the hearing officer shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and documents requested by the parties.
D.
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues. The Council may retain an independent attorney to present the defense of the challenged provisions of this Zoning Code or the Zoning Map on its behalf and to present witnesses on its behalf.
E.
Formal rules of evidence shall not apply, but irrelevant, immaterial, or unduly repetitious evidence may be excluded.
F.
The Council, or the hearing officer, as the case may be, shall keep a stenographic record of the proceedings. The appearance fee for a stenographer shall be shared equally by the applicant and the Council. The cost of the original transcript shall be paid by the Council or hearing officer or shall be paid by the person appealing from the decision of the Council if such appeal is made, and in either event, the cost of additional copies shall be paid by the person requesting such copy or copies. In other cases, the party requesting the original transcript shall bear the cost thereof.
G.
The Council, or the hearing officer, shall not communicate directly or indirectly, with any party or his representatives in connection with any issues involved except upon notice and opportunity for all parties to participate, shall not take notice of any communication, reports, staff memoranda, or other materials, except advice from their solicitor, unless the parties are afforded an opportunity to contest the material so noticed and shall not inspect the site or its surroundings after the commencement of hearings with any party or his representative unless all parties are given an opportunity to be present.
H.
Based upon the testimony presented at the hearing, the Council shall, within 45 days after the conclusion of the hearing, determine whether the challenged provision of this Zoning Code or the Zoning Map is invalid as alleged by the landowner. If the challenge is found to have merit, the Council shall proceed to consider the landowner's curative amendment pursuant to the standards of this section. If the Council fails to act on the landowner's challenge within 45 days, the challenge shall be deemed to be denied on the 46th day after the date of the hearing, unless the time is extended by mutual consent of the landowner and Municipality.
I.
The Council, or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the conclusion of the hearing.
J.
Where an application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefore, including references to the provisions of any ordinance, rule or regulation relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found.
K.
If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Council shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Council prior to final decision or entry of findings. The Council's decision shall be entered no later than 30 days after the report of the hearing officer.
L.
A copy of the final decision or, where no decision is called for, of the findings, shall be delivered to the applicant personally or mailed to the applicant no later than the day following its date. The Council shall provide, by mail or otherwise, brief notice of the place at which the full decision or findings may be examined to all other persons who have filed their names and addresses with the Council no later than the last day of the hearing.
(f)
Notice Requirements.
(1)
Notice in General. Notice of proposed zoning amendments shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Municipality where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Council shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the Municipality not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and brief summary, prepared by the Municipal Attorney and setting forth all the provisions in reasonable detail. If the full text is not included, a copy of the proposed ordinance shall be supplied to a newspaper of general circulation in the Municipality at the time the public notice is published and an attested copy shall be filed in the County Administration Office.
(2)
Notice of Landowner-Initiated Amendments. The notice of a hearing to consider a landowner-initiated amendment shall include notice that the validity of this Zoning Code or the Zoning Map is in question. The notice shall also state where and when a copy of the challenge, including any plans, explanatory material or proposed amendments, may be examined by the public. Written notice shall be given to the applicant, the Zoning Officer, and such other persons as the Council shall designate by ordinance, and to any such person who has made timely request for the same, written notices shall be given at such time and in such manner as shall be prescribed by ordinance or, in the absence of ordinance provision, by rules of the Council. All other procedures as stated in the Pennsylvania Municipalities Planning Code shall be followed.
(g)
Readvertising Requirements When Substantial Changes Are Made Prior to Enactment. In the event substantial amendments are made to the proposed ordinance or amendment before voting upon enactment, the Council shall at least 10 days prior to enactment readvertise, in one newspaper of general circulation in the Municipality, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
(h)
Changes to Proposed Amendment After Public Hearing. If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised to include land previously not affected by it, the Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
(i)
Mediation Option. The parties to the amendment proceeding may voluntarily elect to utilize mediation as an aid in completing proceedings under this section. Mediation shall supplement, not replace, the procedures initiated under this section. In each case, the mediating parties shall develop terms and conditions for:
(1)
Selecting a mediator, who at a minimum shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation;
(2)
Setting time limits for completion of mediation;
(3)
Suspending time limits otherwise set forth in this section, provided there is written consent by the mediating parties, and by an applicant or the Council, provided neither is a party to the mediation;
(4)
Identifying all parties and affording them the opportunity to participate;
(5)
Determining, within legal constraints, whether some or all of the mediation sessions shall be open or closed to the public;
(6)
Assuring that mediated solutions are in writing and signed by the parties, and become subject to review by the Council; and
(7)
Funding Mediation.
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent administration or judicial proceeding. |
(j)
Action by Council.
(1)
Non-Curative Amendments. After holding a public hearing and giving notice as required by Subsection (f) hereof, the Council shall vote to either enact or reject the proposed amendment.
(2)
Landowner-Initiated Curative Amendments. If the Council determines that a validity challenge has merit, it may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects.
(3)
Municipal Curative Amendments. Council will take action in accordance with the Municipalities Planning Code, Act 170, as amended.
(k)
Standards.
(1)
Non-Curative Amendments. Non-curative amendments shall be prepared in conformance with the Penn Hills Comprehensive Plan, and shall be prepared in conformance with the regulations set forth in the Pennsylvania Municipalities Code.
(2)
Required Considerations for Landowner-Initiated Curative Amendments. The Council's decision on a challenge and proposed amendment shall take into consideration the curative amendment, plans, and explanatory material submitted by the landowner and shall also consider:
A.
The impact of the proposal upon roads, sewer facilities, water supplies, schools, and other public service facilities;
B.
If the proposal is for a residential use, the impact of the proposal upon regional housing needs and the effectiveness of the proposal in providing housing units of a type actually available and affordable by classes of persons otherwise unlawfully excluded by the challenged provisions of this Zoning Code or the Zoning Map;
C.
The suitability of the site for the intensity of use proposed by the site's soils, slopes, woodland, wetlands, flood plains, aquifers, natural resources and other natural features;
D.
The impact of the proposed use on the site's soils, slopes, woodlands, wetlands, flood plains, natural resources and natural features, the degree to which these are protected or destroyed, the tolerance of the resources to development and any adverse environmental impacts; and
E.
The impact of the proposed use on the preservation of agriculture and other land uses which are essential to public health and welfare.
(3)
Required Findings for Municipal Curative Amendments. Findings will be made in accordance with the Municipalities Planning Code, Act 170, as amended.
(l)
Appeals; Effect of Court's Reversal of Denial of Landowner's Curative Amendments. If the Council rejects a landowner's curative amendment under this section and a court subsequently rules that the challenge has merit, the Court's decision shall not result in a declaration of invalidity for the entire Zoning Code and Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
(m)
Waiting Period Following Action on Municipal Curative Amendments. Following a municipal curative amendment, the waiting period shall be in accordance with the Municipalities Planning Code, Act 170, 1988, as amended.
(n)
Submittal of Adopted Amendments to County Planning Department. Within 30 days after enactment of an amendment to this Zoning Code, a copy of the amendment to this Zoning Code shall be forwarded to Allegheny County Planning Department.
(o)
Time Limit for Filing Application for Subdivision, Land Development or Building Permit Approval After Approval of Curative Amendment. Where a curative amendment proposal is approved by the Council, or a validity challenge is sustained by the Zoning Hearing Board, or a proposed amendment or validity challenge is approved by a court of appeals, and the proposed amendment or challenge requires a further application for subdivision or land development approval, the developer shall have two years from the date of such approval to file an application for tentative or preliminary approval pursuant to the Subdivision Regulations or the Planned Residential Development provisions of this Zoning Ordinance. When the approved zoning amendment does not require further application for subdivision or land development approval, the developer shall have one year within which to file for a building permit. With the one-year or two-year period, as applicable, no subsequent change or amendment in this Zoning Code, the Subdivision Regulations or other land use ordinances shall be applied in any manner which adversely affects the rights of the applicant as granted in the curative amendment or the sustained validity challenge.
(p)
Denial of Petition; Subsequent Petitions. If a petition for an amendment is denied by the Council after public notice and public hearing, no subsequent petition shall be accepted which involves the same amendment affecting the same property, or any part thereof, for at least six months after final action on the petition by the Council.
§ 1262.07 Fees.
[Ord. 2121, passed 11-9-1992; Ord. 2146, passed 6-7-1993; Ord. 2420, passed 5-3-2004]
Any application for amendment, variance, special exception, conditional use, permit, or any other application or certificate within the scope of this Zoning Code, shall be accompanied by a fee as set forth below. The amount of the fee may be changed by the Council upon the recommendation of the Director of Planning and shall bear a reasonable relationship to the costs involved.
(a)
Amendments to the Zoning Code. Fees for amending the Zoning Code shall be as follows:
Type | Fee |
|---|---|
Up to 2 acres | $400 |
Not less than 2 and not more than 4 | $500 |
More than 4 | $600 |
(b)
Zoning Hearing Board. Fees for proceedings of the Zoning Hearing Board shall be as follows:
Type | Fee |
|---|---|
Appeals | $400 |
Special exceptions | $200 |
Home occupations | $50 |
Variances | $200 |
Single-family residences | $50 |
(c)
Occupancy Permits. Fees for an occupancy permit shall be as follows:
Type | Fee |
|---|---|
Per unit (residential) | $25 |
Per tenant (commercial) | $50 |
(d)
Conditional Use Hearings. The fee for a conditional use hearing shall be $400.
(e)
Temporary Use Permits. The fee for a temporary use permit shall be $100 for 30 days.
§ 1262.99 Penalty; Equitable Remedies.
[Ord. 2121, passed 11-9-1992; Ord. 2250, passed 1-8-1997]
(a)
Any person who violates or permits a violation of any provision of this Zoning Code, for which no penalty is otherwise provided, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Municipality as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good faith basis for the person violating this Zoning Code to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for a violation of this Zoning Code shall be paid over to the Municipality.
(b)
Any person who violates or permits a violation of any provision of § 1280.05(q) (Sexually Oriented Establishments), or the rules and regulations approved and adopted thereunder, shall pay a fine not exceeding $1,000 for each violation. Whenever such person shall have been officially notified by the Municipality that he is committing a violation of § 1280.05(q), or the rules and regulations approved and adopted thereunder, each day that he shall continue such violation after such notification shall constitute a separate violation punishable by a like fine. Any person who violates or permits the violation of § 1280.05(q) shall pay, in addition to the fine set forth above, all court costs and reasonable attorney fees incurred by the Municipality in connection with any civil enforcement proceedings brought to enforce § 1280.05(q).
(c)
The Council, or the Mayor with the approval of the Council, may institute, in the name of the Municipality of Penn Hills, any appropriate legal action or proceeding to prevent or restrain any actions constituting a violation of this Zoning Code. This remedy is not exclusive; and other remedies available to the Council or to the Mayor are specifically preserved.