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.