The provisions of this chapter and the boundaries of the zoning
districts as set forth upon the Zoning Map may from time to time be
amended by the City Council in accordance with the provisions as set
forth in the Pennsylvania Municipalities Planning Code, Act 247, as
amended. Prior to adopting any amendment to this chapter or to the
Zoning Map, the following procedures shall be met:
A. Any proposed amendment, not initiated by the City Planning
Commission, shall be referred to the City Planning Commission not
less than 30 days prior to a public hearing before the City Council
to provide the City Planning Commission an opportunity to submit any
comments or recommendations regarding the proposed amendment.
B. Prior to voting on the enactment of any proposed amendment,
the City Council shall hold a public hearing pursuant to public notice.
If after any public hearing held upon a proposed amendment said amendment
is substantially changed, or is revised to include land not previously
affected by the proposed amendment, the City Council shall hold another
public hearing before proceeding to vote on the amendment.
C. Any recommendation of the City Planning Commission
shall be submitted to the City Council in writing.
D. Not less than 30 days prior to the public hearing,
the City Council shall submit the proposed amendment to the Luzerne
County Planning Commission for its comments and recommendation. In
addition to the proposed amendment, the City Council shall submit
any required fees charged by the Luzerne County Planning Commission
for its review.
E. Proposed action shall not be taken until the City Planning
Commission and the Luzerne County Planning Commission comments and
recommendations are submitted to the City Council. If either Commission
fails to act within 30 days from its receipt of the proposed amendment,
the City Council may proceed without such recommendation.
F. When a proposed amendment involves a Zoning Map change,
the following procedures shall be applicable:
(1)
Notice of the public hearing shall be conspicuously
posted by City at points deemed sufficient along the perimeter of
the tract to notify potentially interested citizens. The affected
tract or area shall be posted not less than one week prior to the
date of the public hearing.
(2)
Notice of the public hearing shall be mailed
by the City, at least 30 days prior to the date of the public hearing,
by first-class mail to the addresses to which real estate tax bills
are sent to property owners whose properties:
(a)
Are located within the property or area proposed
to be rezoned.
(b)
Have a common property boundary with the property
or area proposed to be rezoned.
(c)
Are located within a distance of 200 feet of
any property boundary line of the property or area proposed to be
rezoned.
(d) The above information shall be based upon current tax records within
the Luzerne County Tax Assessment Office. The party requesting the
zoning boundary amendment shall be responsible for securing such information
and providing the same to the City. The notice shall include the location,
time and date of the public hearing. A good faith effort and substantial
compliance shall be deemed to satisfy this requirement. While it shall
be the intent of the City Council to provide written notice to such
owners, failure to do so shall not invalidate an otherwise duly enacted
ordinance that amends in the Zoning Map.
(3)
The above requirement shall not apply when
the rezoning constitutes a comprehensive rezoning.
The application for a proposed amendment, which is not submitted as a curative amendment, to the text of this chapter or to the Zoning Map, shall be submitted in writing to the Zoning Officer, who shall process said application in accordance with §
500-1301 of this chapter. An application shall contain the following information as applicable:
A. The applicant's name and address and/or the name and
address of his authorized agent or the equitable owner.
B. A copy of the deed to the property, and when the applicant
is not the owner of the property, appropriate documentation to establish
the applicant's standing as the equitable owner.
C. A signed statement by the owner of record, or applicant
as the case may be, attesting to the truth of the facts of all information
contained within the application.
D. A scaled plan of the area proposed to be rezoned, which
indicates abutting streets, the zone classification of adjoining properties
and the names and addresses of the true and correct owners of record
within the area proposed to be rezoned and physically bordering the
area to be rezoned as evidenced by tax records within the Luzerne
County Tax Assessor's Office.
E. Plans, drawings and explanatory material, which describes
in detail the applicant's proposed use and/or development of the property.
F. Specify those sections of this chapter or areas upon
the Zoning Map which will be affected by the proposed amendment.
A proposed amendment to this chapter or to the Zoning Map shall
be enacted in conformance with the following:
A. The City Council shall conduct a public hearing pursuant to public notice and in accordance with the procedures as contained within §
500-1301 of this chapter.
B. Public notice shall include the time, place and date
of the meeting at which enactment will be considered and a place within
City where copies of the proposed amendment may be examined without
charge or obtained for a charge not greater than the cost thereof.
C. Public notice shall include either the full text of
the amendment or the title and a brief summary of the amendment as
prepared by the municipal solicitor. If the full text is not included,
then a copy of such shall be supplied to the newspaper in which the
public notice is published, and an attested copy to the County Law
Library.
D. In the event substantial changes are made to the proposed
amendment, before voting upon enactment, the City Council shall, not
less than 10 days prior to enactment, readvertise in one newspaper
of general circulation in City, a brief summary setting forth all
the provisions in reasonable detail together with a summary of the
changes.
Within 30 days after the enactment of an amendment to this chapter
or to the Zoning Map, a copy of the amendment shall be forwarded to
the Luzerne County Planning Commission.