[Amended 8-13-2007 by Ord. No. 2007-10]
In the manner and subject to the conditions set forth in §§
300-140 through
300-142 of this article, the Borough Council may, from time to time, amend, supplement, change, modify or repeal this chapter, including the Zoning Map. In the event any zoning amendment would result in rezoning an area from a more-restricted zoning district to a less-restricted zoning district, the following conditions will apply to development in the newly rezoned area:
A. If the newly rezoned area adjoins property which, on the date of the zoning amendment, was used for residential purposes, there shall be no development in the newly rezoned area involving the sale or storage of gasoline, fuel oil or other dangerous or hazardous chemicals or materials, automobile body shops, or any activity authorized as a permitted use under Article
IX, §
300-50, Subsections
B through W, or Article
X, §
300-55, within a distance of 200 feet of the adjacent residentially used property.
B. If the newly rezoned area adjoins property which, on the date of the zoning amendment, was used for residential purposes, all development in the newly rezoned area shall be subject to the buffering standards set forth in Article
XXVI.
C. For purposes of this section, a property will be considered
used for residential purposes if there is a structure used for residential
purposes on the property and located within 200 feet of the newly
created zoning boundary.
The Borough Council, by resolution adopted at
a stated meeting, shall fix the time and place of a public hearing
on the proposed amendment and cause notice thereof to be given by
publishing a short summary of the proposed amendment at least 15 days
in advance of such hearing in at least one newspaper of general circulation
in the Borough and published in the county, as well as giving due
notice to the owners of the properties affected by posting notice
on their properties and in public places and on or near the property
under consideration. At the public hearing, full opportunity to be
heard shall be given all citizens and parties in interest.
[Amended 1-27-1988 by Ord. No. 88-2]
In the event of a formal citizen protest against
any amendments, supplements, changes, modifications or repeal of any
provision of this chapter, upon protest signed by owners of 30% or
more of the land contained within the perimeter and extending a distance
of 100 feet from all boundaries of the property affected by the proposed
change, excluding roads, streets or other public thoroughfares, such
amendment, supplement, change, modification or repeal shall only become
effective by a favorable vote by a majority plus one of all members
of Borough Council, provided that said citizen protest conforms to
the following criteria:
A. The protest must be filed on the form marked "Citizen
Protest Against Amendments," which form may be obtained from the Borough
Zoning Enforcement Officer.
B. The protest form must be returned to the office of
the Borough Secretary and must be received in that office not less
than five working days before the first scheduled public hearing.
C. The protest form must be completed correctly, identifying
whether the persons signing the protest are property owners or lessees
occupying property within the area of the proposed ordinance change,
and, as to property owners, there must be included the owner's tax
parcel number.