Penn Hills Township
City Zoning Code

Compliance with any conditions imposed by provisions of this Zoning Code regarding the particular special exception.

Any other applicable regulations, whether in this Zoning Code or any other Penn Hills ordinance, or any County, State, or Federal regulations.

Any other conditions imposed by the Zoning Hearing Board, which are deemed necessary for protection of the public health, safety, and welfare.

An owner of property or any authorized agent of an owner may apply for a special exception under the provisions of this section.

A written application and accompanying materials sufficient to describe the application, which may include a site plan if required by the Planning Department, shall be filed with the Planning Department. The application shall be on a form approved by the Municipality. The appropriate fee, as periodically determined by Council, must also be submitted. All application materials must be filed in the Planning Department at least 32 days before the Zoning Hearing Board meeting at which the application will be considered.

Within five days after receiving an application for special exception approval, the Planning Department shall determine whether the application is complete. If the Planning Department determines that the application is not complete, the applicant shall be notified of any deficiencies, and the Planning Department shall take no further steps to process the application until the applicant remedies the deficiencies.

Once an application is determined to be complete, the application materials shall be reviewed by the Planning Department. Copies of the Planning Department's review, and copies of all application materials, shall be forwarded to the Zoning Hearing Board. A public hearing by the Zoning Hearing Board shall be set within 45 days of the filing of a complete application.

Notice of the Zoning Hearing Board hearing shall be advertised in accordance with the advertising policy of the Municipality, and the Municipalities Planning Code. The subject property shall be conspicuously posted with a notice of the special exception request and the date and time of the Zoning Hearing Board public hearing for at least 14 days before the Zoning Hearing Board public hearing.

The Zoning Hearing Board shall, at the hearing, examine the application materials and listen to relevant testimony from the owner of the property or his agent, representatives of the Planning Department, and any interested citizen. The Zoning Hearing Board shall pose any necessary questions to any of the above parties.

The Zoning Hearing Board shall, within 14 days after the hearing, approve or disapprove the special exception request. If the Zoning Hearing Board disapproves the request, the reasons for disapproval shall be stated.

A special exception shall not be granted unless the Board shall determine:

A majority vote of the Zoning Hearing Board is required for approval.

The property owner, or his agent, and the Planning Department shall receive written notification of the Zoning Hearing Board's decision. Any other interested party can, at the hearing, request to receive such written notification. In any case, the written notification shall be sent within 14 days of the Zoning Hearing Board's decision.

Appeals from the decisions of the Zoning Hearing Board are governed by the applicable provisions of the Municipalities Planning Code.

When a special exception has been denied by the Zoning Hearing Board, no request for a special exception may be refiled with the Department of Code Enforcement for at least one year from the date of that denial. The only exception to this shall be if the landowner or his agent can show a substantial change in circumstances regarding the property, which would warrant re-examination of the special exception request within the year's limitation. Such showing of changed circumstances shall be submitted in writing, along with a special exception application, to the Department of Code Enforcement.

An approved special exception shall be completed within two years following the date of approval. However, the Department of Code Enforcement may grant an extension if the landowner, or his agent, requests such an extension and if good cause for the delay is shown. There are no other exceptions to this rule. If, at the end of the two-year period, the special exception is not completed, and if no extension has been granted, the approval of the special exception shall be null and void.

Minor changes in an approved special exception may be approved in the manner described in § 1286.02(e).

Notwithstanding any other provision of this Zoning Code, when an application for a special exception has been filed with the Planning Department, and the subject matter would ultimately constitute a "land development" or a "subdivision" as defined in § 1240.06, no change or amendment of this Zoning Code or the Subdivision Regulations, or other ordinances or plans, shall affect the decision on such application adversely to the applicant. The applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they existed at the time the application was filed. Should such an application be approved by the Council, the applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months, or longer, if specifically approved by the Council, following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before the Council. If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the review procedures and time limitations applicable to land developments or subdivisions under the Penn Hills Subdivision and Land Development Ordinance.

The Keeping of Chickens.