[Ord. 7903, passed 11-12-2009]
Council may introduce and/or consider amendments to this Zoning
Ordinance and to the Zoning Map, as proposed by a member of Council,
the Planning Commission or by a petition of a person or persons residing
or owning property within the City.
[Ord. 7903, passed 11-12-2009]
Petitions for amendment shall be filed with City Council, and the petitioners upon such filing shall pay a filing fee in accordance with Article 153 - Department of Code Enforcement, Section
153.01, Subsection (j) Planning Fees, Subparagraph (4), of the Codified Ordinances of the City of New Castle, Pennsylvania. The Planning Commission shall review the proposed amendment as requested by City Council and report its findings and recommendations in writing to Council.
[Ord. 7903, passed 11-12-2009]
(a) Any proposed amendment presented to City Council shall be referred
to the City Planning Commission and the Lawrence County Planning Commission
for review and recommendations at least 30 days prior to public hearing
by City Council.
(b) The City must submit new subdivision and land development ordinances
and zoning ordinances to the Lawrence County Planning Commission for
review and recommendations at least 45 days prior to the public hearing.
(c) The City will not approve a subdivision or land development plan
unless the Lawrence County Planning Commission has issued its review
and report or until 30 days after the date of application was forwarded
to the County.
[Ord. 7903, passed 11-12-2009]
(a) Before acting upon a proposed amendment, Council shall hold a public
hearing thereon. Notice of such public hearing, including the date,
time and place, and containing a brief summary of where the proposed
may be examined, shall be published once each week for two successive
weeks in a newspaper of general circulation in the City. The first
publication shall not be more than 30 days and the second publication
shall not be less than seven days from the date of the hearing.
(b) In addition to the normal public notice prior to the date of the
public hearing on the enactment or amendment of a land use ordinance,
there shall be an advertisement from seven to 60 days prior to the
actual date of enactment.
(c) Within 30 days after adoption of a zoning or subdivision ordinance
or amendment, a certified copy must be sent to the Lawrence County
Planning Commission.
(d) When a zoning map change is involved, notice must be posted conspicuously
along the perimeter of the tract at least one week prior to the hearing.
(e) In addition to the requirement that notice be posted under Subparagraph
(d), notice of the public hearing shall be mailed by the City at least
30 days prior to the date of the hearing by first class mail to the
addresses to which real estate tax bills are sent for real property
located within the area being rezoned, as evidenced by the tax records
within the possession of the City.
(1)
This clause shall not apply when re-zoning constitutes a comprehensive
re-zoning.
[Ord. 7903, passed 11-12-2009]
(a) Proposed subdivision, land development, and zoning ordinances and
amendments shall not be enacted unless notice of proposed enactment
is given in the manner set forth in this section, and shall include
the time and place of the meeting at which passage will be considered,
a reference to a place within the municipality where copies of the
proposed ordinance or amendment may be examined without charge or
obtained for a charge not greater than the cost thereof. The governing
body shall publish the proposed ordinance or amendment once in one
newspaper of general circulation in the municipality not more than
60 days nor less than seven days prior to passage. Publication of
the proposed ordinance or amendment shall include either the full
text thereof or the title and a brief summary, prepared by the municipal
solicitor and setting forth all the provisions in reasonable detail.
If the full text is not included:
(1)
A copy thereof shall be supplied to a newspaper of general circulation
in the municipality at the time the public notice is published.
(2)
An attested copy of the proposed ordinance shall be filed in
the county law library or other county office designated by the county
commissioners who may impose a fee no greater than that necessary
to cover the actual costs of storing said ordinances.
(b) In the event substantial amendments are made in the proposed ordinance
or amendment, before voting upon enactment, City Council shall, at
least 10 days prior to enactment re-advertise, in one newspaper of
general circulation in the municipality, a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
(c) Subdivision, land development, and zoning ordinances and amendments
may be incorporated into official ordinance books by reference with
the same force and effect as if duly recorded therein.
[Ord. 7903, passed 11-12-2009]
A landowner who desires to challenge on substantive grounds
the validity of this Zoning Ordinance or Map or any provision thereof,
which prohibits or restricts the use or development of land in which
he has an interest may submit a curative amendment to City Council
with a written request that his challenge and proposed amendment be
heard and decided as provided in Sections 609.1 and 1001-A et seq.
of the Pennsylvania Municipalities Planning Code as amended. As with
other proposed amendments the curative amendment shall be referred
to the City Planning Commission and the Lawrence County Planning Commission
at least 30 days before the public hearing is conducted by Council.
[Ord. 7903, passed 11-12-2009]
Any person aggrieved by any decision of the Zoning Hearing Board
or any taxpayer of the City may, within 30 days after notice of such
decision of the Board, appeal therefrom in accordance with Article
X-A of the Pennsylvania Municipalities Planning Code.