[Ord. 366, 2/5/1992, Art. X, § 10.00]
1.
The regulations, restrictions, and boundaries set forth in this chapter
may from time to time be amended, supplemented, changed or repealed,
provided however, that no such action shall be taken until after a
public hearing is held in relation thereto, at which interested parties
and citizens shall have an opportunity to be heard.
2.
An amendment, supplement, change or repeal in this chapter may be
initiated by:
3.
All requests for amendment, supplement, change or repeal in this
chapter shall first be referred to the Planning Commission.
[Ord. 366, 2/5/1992, Art. X, § 10.01; as amended
by Ord. 426, 6/6/2007]
1.
Upon receipt of a request or petition for an amendment, supplement
or change in this chapter, the Planning Commission shall set a date
for a public hearing and give public notice, as defined herein, of
the time and place of such hearing.
2.
In the case where a proposed amendment involves the rezoning of property,
notice of said public hearing shall be conspicuously posted by the
Borough at points deemed sufficient by the Borough along the tract
to identify potentially interested citizens at least seven days prior
to the date of the hearing.
3.
The findings and determination of the Planning Commission resulting
from this public hearing shall be made in writing and a copy transmitted
to the applicant or petitioner and also to the Borough Council within
15 days after such hearing.
[Ord. 366, 2/5/1992, Art. X, § 10.02; as amended
by Ord. 426, 6/6/2007]
1.
Upon receipt of the Planning Commission's written recommendation,
the Borough Council shall give public notice, as defined herein, of
a public hearing to consider the proposed amendment.
2.
The Borough Council shall refer the proposed amendment to the Butler
County Planning Commission for review at least 30 days prior to the
public hearing.
3.
In the case of an amendment other than that prepared by the Planning
Commission, the Borough Council shall submit each such 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.
4.
In the case where a proposed amendment involves the rezoning of property,
notice of said public hearing shall be conspicuously posted by the
Borough at points deemed sufficient by the Borough along the tract
to notify potentially interested citizens. The affected tract or area
shall be posted at least seven days prior to the date of the hearing.
In addition, the Borough shall mail, by first class mail, at least
30 days prior to the public hearing, notice to addressees to which
real estate tax bills are sent for all real property located within
the area being rezoned, as evidenced by tax records within the possession
of the Borough. The notice shall include the location, date and time
of the public hearing. A good-faith effort in substantial compliance
shall satisfy these requirements. This mailing notice requirement
shall not apply when the rezoning constitutes a comprehensive rezoning.
[Ord. 366, 2/5/1992, Art. X, § 10.03]
Upon receipt of the Planning Commission's written recommendation,
Borough Council shall give public notice, as defined herein, of a
public hearing to consider the proposed amendment.
[Ord. 366, 2/5/1992, Art. X, § 10.04]
Borough Council shall refer the proposed amendment to the Butler
County Planning Commission for review at least 30 days prior to the
public hearing. Borough Council shall not act upon the amendment until
the required review is received or the 30 days from the date of referral
expires.
[Ord. 366, 2/5/1992, Art. X, § 10.05]
Within 90 days of the conclusion of the public hearing on the
proposed amendment, Borough Council shall act on the proposed amendment
to the Borough Zoning Ordinance or Zoning District Map.
[Ord. 366, 2/5/1992, Art. X, § 10.06]
Within 30 days after enactment, a copy of the amendment to this
chapter shall be forwarded to the Butler County Planning Commission.
[Ord. 366, 2/5/1992, Art. X, § 10.07]
1.
A petition for a change in zone classification or zone boundary line
shall be filed with the Planning Commission by the landowner of land
to be rezoned. The application shall be in the form prescribed by
the Planning Commission and shall be accompanied by the required fee
established, from time to time, by resolution of Borough Council.
All applications shall be submitted at least 15 working days prior
to the regular meeting of the Planning Commission.
2.
When the petition has been filed with and certified by the Zoning
Officer as a valid petition, the application shall be forwarded to
the Planning Commission. The owner or his agent shall be notified
by regular mail regarding the date of the Planning Commission's
public hearing at least seven days prior to the hearing.
[Ord. 366, 2/5/1992, Art. X, § 10.08]
If a petition for rezoning is denied by either the Planning
Commission or Borough Council, another petition for a change to the
same district shall be not filed within a period of one year from
the date of denial, except upon the initiation of the Borough Council,
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.
[Ord. 366, 2/5/1992, Art. X, § 10.09]
Any landowner who wishes to challenge, on substantive grounds,
the validity of this chapter or map or any provision thereof which
prohibits or restricts the use or development of land in which he
has an interest, may prepare and submit a curative amendment to Borough
Council, in the form he proposes it be adopted, together with a written
request that his challenge and proposed amendment be heard.
A.
Borough Council shall hold a public hearing, pursuant to public notice,
on the matter within 60 days of receiving the request at a regular
monthly meeting.
B.
The curative amendment and challenge shall be referred to the Borough Planning Commission and County Planning Commission at least 30 days prior to the public hearing for review and comment. Borough Council shall conduct the hearing in accordance with procedures governing a hearing before the Zoning Hearing Board as stipulated in § 27-75 of this chapter.
C.
Declaration of Invalidity By the Court. If the Borough does not accept
a landowner's curative amendment brought in accordance with 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 this entire chapter, but only for those provisions which specifically
relate to the landowner's curative amendment and challenge.
D.
Evaluation of Merits of Curative Amendment. If Borough Council determines
that a validity challenge has merit, Borough Council may accept a
landowner's curative amendment, with or without revision, or
may adopt an alternative amendment which will cure the challenged
defects. Borough Council shall consider the curative amendments, plans
and explanatory material submitted by the landowner and shall also
consider:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities;
(2)
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 to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter or map;
(3)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodlands, wetlands, flood-plains,
aquifers, natural resources and other natural features;
(4)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, 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
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
