A.
The regulations, restrictions and boundaries set forth
in this chapter may from time to time be amended, supplemented, changed
or repealed, provided that no such action may be taken until after
a public hearing in relation thereto, at which interested parties
and residents shall have an opportunity to be heard.
B.
An amendment, supplement, change or repeal of a portion
of this chapter may be initiated by:
C.
All requests for amendment, supplement, change or
repeal of a portion of this chapter shall first be referred to the
Planning Commission.
[Amended 7-11-1991 by Ord. 1355]
A.
If an amendment is proposed by Council, that body
shall submit the proposal to the Planning Commission at least 30 days
before Council's public hearing to allow the Commission to prepare
recommendations for Council.
B.
The Planning Commission may, at its discretion, hold
a public hearing on the request.
C.
In addition, the Council shall submit the proposed
amendment to the Butler Planning Commission for review and comment
at least 30 days before the hearing.
D.
Before holding the public hearing, Council shall advertise
twice in the legal section of a newspaper of general local circulation,
the first notice not more than 30 days before the hearing and the
second not less than seven days before stating the date, time and
place of the hearing, the full text or a summary or description of
the proposed amendment and the time and place when and where the amendment
may be examined before the hearing.
E.
In addition, if the amendment involves a change of
zoning district boundaries, the property or properties proposed to
be rezoned shall be posted with the same information as in the public
hearing notice in at least one conspicuous location not less than
the seven days preceding the hearing.
F.
Further, when the change will affect zoning district
boundaries, the landowner or owners proposing the amendment, if that
is the case, and the owners of record of properties abutting any part
of or directly across an intervening street from the properties proposed
to be rezoned, shall be informed by mail at their address of record
not less than 15 days before the hearing. Names and addresses of neighboring
property owners shall be provided to the Zoning and Code Management
Officer by the landowner requesting the amendment.
G.
If, after public hearing the proposed amendment is
changed substantially, or is revised to include land not previously
affected, Council shall hold another public hearing on the additional
revisions pursuant to public notice before proceeding to vote.
H.
Council shall vote to approve or reject the proposed
amendment not later than 90 days after the last public hearing session.
Failure to take action within this period shall require another public
hearing with a further ninety-day period thereafter in which to act.
I.
Not less than seven days prior to adoption of the
amendment, its full text and/or a map clearly showing the new zone
district boundaries shall be published in a newspaper of general local
circulation. Alternatively, a summary of the amendment may be published
if the full text and map is provided the newspaper at the time of
publication. An attested copy of the full text and/or map shall be
filed at the same time with the County Law Library.
J.
Within 30 days after enactment, a copy of the adopted
amendment shall be sent to the Butler County Planning Commission.
K.
Should the decision of Council be appealed, such appeal
shall be brought to the Zoning Hearing Board, which may confirm or
overturn Council's decision. Appeal from the Zoning Hearing Board's
decision shall be to the Butler County Court of Common Pleas.
[Amended 7-11-1991 by Ord. No. 1355]
A.
Landowner curative amendments.
(1)
Any landowner who wishes to challenge any provision
of this chapter which prohibits or restricts the use or development
of land in which he has an interest may submit a curative amendment
to Council with a written request that his challenge and proposed
amendment be heard and decided.
(2)
The landowner shall provide a site plan or other
documentation or his proposed amendment in language appropriate for
adoption in his application.
(3)
Council shall proceed as for a regular amendment under § 260-137, but shall hold its hearing within 60 days of receiving the request officially at a scheduled meeting.
(4)
Council shall make its decision within 90 days
after the hearing, rejecting the amendment, approving it as presented
or approving in alternate amendment which will cure the challenging
defects.
B.
Municipal curative amendments.
(1)
If City Council determines that this chapter
or any part of it is substantially invalid, Council shall, within
30 days of formally declaring this fact, make specific findings setting
forth the parts of the chapter declared invalid.
(2)
Council's resolution may refer to specific uses
or classes of uses either not permitted, not permitted in sufficient
quantity or requiring revision, to amendment of zoning district boundaries
or creation of new zoning districts or to any other part of or to
the entire chapter.
(3)
Council shall direct the Planning Commission
to prepare amendments to cure the declared invalidity, to be processed
as for any other amendment to this chapter.
(4)
Within 180 days of its initial declaration,
Council shall either enact curative amendments to eliminate the invalidity
or reaffirm the validity of the chapter as it stood prior to the declaration.
(5)
During the one-hundred-eighty-day period, Council
shall not be required to consider a landowner curative amendment and
the Zoning Hearing Board shall not be required to hear a challenge
to this chapter brought by a landowner. No rights shall accrue to
any landowner on the basis of the invalidity, provided that a curative
amendment results from Council's actions.
(6)
Having utilized the procedures of this section,
Council may not initiate a municipal curative amendment again until
at least 36 months after the date of enactment of the last curative
amendment or reaffirmation of this chapter.
If a petition for rezoning is denied by either
the Planning Commission or the governing body of the city, another
petition for a change to the same zone district shall not be filed
within a period of one year from the date of denial, except upon the
initiation of the governing body of the City or with the permission
of, or upon the initiation by the Planning Commission, after a showing
of a change of circumstances which would warrant a rehearing.
