Penn Hills Township
City Zoning Code
City Zoning Code
CHAPTER 1282
Special Exceptions
§ 1282.01 In General.
[Ord. 2121, passed 11-9-1992]
Uses that are designated as special exceptions are generally compatible with other land uses permitted in a zoning district, but because of their unique characteristics or potential impacts on the surrounding neighborhood or Municipality as a whole, require a determination of appropriateness at a particular location proposed. Such individual consideration may include the imposition of conditions in order to ensure the appropriateness of the use on any particular parcel of land and the compatibility of the use with adjacent uses.
All previously designated special exceptions are subject to the express conditions and procedures set forth in this chapter.
§ 1282.02 Conditions.
[Ord. 2121, passed 11-9-1992]
Special exceptions shall fulfill all applicable conditions, as follows:
(a)
Compliance with any conditions imposed by provisions of this Zoning Code regarding the particular special exception.
(b)
Any other applicable regulations, whether in this Zoning Code or any other Penn Hills ordinance, or any County, State, or Federal regulations.
(c)
Any other conditions imposed by the Zoning Hearing Board, which are deemed necessary for protection of the public health, safety, and welfare.
§ 1282.03 Procedures.
[Ord. 2121, passed 11-9-1992]
The procedure for requesting a special exception is as following:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
A special exception shall not be granted unless the Board shall determine:
(1)
That the proposed special exception will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of property adjacent to the area included in the proposed change or plan is adequately safeguarded.
(2)
That the proposed special exception will serve to protect the best interests of the Municipality of Penn Hills, the convenience of the community, and the public health, safety, and welfare.
(3)
That the effect of the special exception will facilitate the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection, and public schools.
(h)
A majority vote of the Zoning Hearing Board is required for approval.
(i)
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.
(j)
Appeals from the decisions of the Zoning Hearing Board are governed by the applicable provisions of the Municipalities Planning Code.
§ 1282.04 General Provisions.
[Ord. 2121, passed 11-9-1992]
(a)
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.
(b)
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.
(c)
Minor changes in an approved special exception may be approved in the manner described in § 1286.02(e).
(d)
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.
§ 1282.05 Specific Provisions.
[Ord. 2121, passed 11-9-1992; amended 10-17-2016 by Ord. No. 2016-2490]
(a)
The Keeping of Chickens.
(1)
(3)
Permits.
A.
All residents that desire to keep chickens must register with the Department of Code Enforcement.
B.
No person shall erect, alter, relocate, or expand a coop without first obtaining a building permit from the Department of Code Enforcement regardless of the cost of construction. The issuance of a permit shall not obviate the necessity for compliance with all other Municipal ordinances, county, state and federal requirements. Non-property-owners that wish to keep chickens on property that the non-property-owner is renting must include written permission from the property owner or landlord that explicitly indicates that the non-property-owner has permission to own chickens on the subject property.
(4)
Coops. All chickens must be kept in a coop, chicken run or fenced area at all times. During daylight hours, chickens may have access to outdoors via a chicken run. Chickens may also be allowed in a securely fenced yard if supervised so they cannot stray beyond the premises on which they are secured. The chickens will be secured within the coop during non-daylight hours.
A.
Coops and chicken runs shall be located at least 25 feet from any occupied dwelling other than that of the owner.
B.
Coops shall meet the bulk and area requirements of the zoning district they are located in.
C.
The minimum coop shall be solid, vermin- and predator-proof and shall provide at least three square feet of area per chicken.
D.
The chicken run shall be adequately fenced to contain the chickens on the property and to prevent predators from gaining access to the chicken run.
E.
Coops shall be enclosed on all sides and have a roof and doors. Access doors must be able to shut and shall be locked at night. Openings, windows and vents must be covered with vermin predator and bird-proof wire of 1/2 inch hardware cloth.
1.
Materials used for making a coop shall be uniform for each element of the enclosure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, or similar material is prohibited.
2.
The coop shall be painted or stained; the color shall be uniform around the coop and shall be in harmony.
F.
Coops and chicken runs shall be designed to provide safe and healthy living conditions for the chickens and shall provide shade in warm weather, suitable protection from inclement weather, and adequate ventilation.
G.
Coops and chicken runs shall be kept in good repair and must be capable of being maintained in a clean and sanitary condition, free of vermin and obnoxious odors.
H.
Coops and chicken runs must prevent the chickens from running at large. Chickens will be considered running at large within the meaning of this section when off the owner's premises.
(5)
Feed and Water. All feed, water, and other such items associated with the keeping of chickens shall be properly stored in a clean and sanitary manner so as to prevent the infestation of rats, mice, or other rodents and vectors.
(6)
Nuisance. No person shall keep or harbor chickens in the Municipality in a manner that creates an offensive odor, excessive noise, or unsanitary conditions which disturb neighboring residences or threatens public health. Chickens running at large shall be considered a public nuisance.
(7)
Slaughtering. No person shall slaughter or butcher any chickens within the Municipality.
(8)
Waste Storing and Removal. All chicken droppings shall be disposed of pursuant to § 612.04 of the Codified Ordinances of Penn Hills, Disposal of Animal Feces.
(9)
Composting. It shall be unlawful for any person to spread or cause to be spread or deposited upon the ground or premises within the Municipality any chicken manure. However, chicken manure may be composted on the property where chickens are housed and the composted material then applied to gardens and yards.
(10)
Sale of Chicken Parts or Eggs. Any sale of chicken parts or eggs must comply with local, state and federal laws and regulations.