A.
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or repealed; provided, however, that no such action may be taken until
after a public hearing pursuant to public notice, as defined by this
chapter, is conducted in relation thereto, at which, parties, interests
and citizens shall have an opportunity to be heard.
B.
An amendment, supplement, change or repeal in this
chapter may be initiated by:
(1)
A resolution or request by the Township Board of Commissioners;
(2)
An official proposal by the Planning Commission; or
(3)
An application presented by the property owner or
contract purchaser on forms and accompanied by information prescribed
by the Township submitted to the Zoning Officer who sets the schedule
for reviewing the application and forwards it to the Planning Commission
and Board of Commissioners.
C.
All requests for amendment, supplement, change or
repeal in this chapter shall first be referred to the Planning Commission.
[Amended 12-17-2012 by Ord. No. 869]
A.
Upon receipt of a petition for an amendment of this chapter, the
Planning Commission shall review said petition during the course of
a regularly scheduled Planning Commission meeting and shall forward
its findings and recommendations to the Township Board of Commissioners
for action. The application shall be accompanied by a check made payable
to the Township, in an amount established by resolution of the Township
Board of Commissioners for such applications, and the applicant shall
agree to pay, in addition, all costs of mailing in connection with
the application, such costs to be billed by the Township.
B.
A copy of all proposed amendments, whether initiated by the Board
of Commissioners, the Planning Commission, or a landowner or contract
purchaser, shall be submitted to the County Planning Commission at
least 30 days prior to the Board of Commissioners' public hearing
for comment. The findings and determinations of the Planning Commission
shall be made in writing, with copies transmitted to the applicant,
to the Township Board of Commissioners and to the Butler County Planning
Commission within 15 days after such hearing.
[Amended 12-17-2012 by Ord. No. 869]
A.
When the Planning Commission recommends approval of an amendment,
supplement or change, it shall forward its findings and recommendations
to the Township Board of Commissioners for action. When, after consideration
of the Planning Commission's report and findings, the Township Board
of Commissioners finds such amendment is a public necessity, benefits
the general welfare of the Township or constitutes good zoning practices,
and after public hearing before the Commissioners held pursuant to
public notice, as defined by this chapter, it shall then so amend
this chapter.
B.
In the case of an amendment, other than that prepared by the Planning
Commission, the Township Board of Commissioners shall submit each
such amendment to the Planning Commission at least 30 days prior to
the Commissioners' public hearing on such proposed amendment to provide
the Planning Commission an opportunity to submit recommendations.
If, after a public hearing before the Commissioners is held upon an
amendment, the proposed amendment is revised, or further revised,
to include land not previously affected by it, the Township Board
of Commissioners shall hold another public hearing, pursuant to public
notice, before proceeding to vote on the amendment.
C.
If the amendment involves a change of zoning district boundaries
initiated by an application presented by a landowner or contract purchaser,
the owners of property within the area proposed for rezoning and within
400 feet of the edge of the perimeter of the proposed boundary line
of the area proposed for rezoning shall be informed by letter sent
by regular mail, at least 30 days prior to the public hearing. The
area shall be posted in at least one prominent location 14 days prior
to the public hearing.
D.
If the amendment involves a change of zoning district boundaries
initiated by resolution or request of the Board of Commissioners or
by an official proposal for the Planning Commission for any total
area of more than 50 acres, the requirements to notify property owners
within 400 feet of the area proposed for rezoning shall not apply,
provided that the Township notifies landowners within the area proposed
for rezoning and posts the perimeter of the area proposed for rezoning,
at least 14 days prior to the Commissioners' public hearing, with
one copy of the notice placed for every 400 feet along the perimeter
boundary of the area proposed for rezoning which is visible from adjoining
occupied properties.
If an application for rezoning is denied by
the Township Board of Commissioners, another application for a change
to the same zoning district shall not be filed within a period of
one year from the date of denial, except upon the initiation of the
Township Board of Commissioners 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.
A.
Landowner curative amendments.
(1)
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
the Board of Commissioners, in the form he proposes it be adopted,
together with a written request that his challenge and proposed amendment
be heard. The Board shall hold a public hearing, pursuant to public
notice, on the matter within 60 days of receiving the request at a
regular monthly meeting.
(2)
The curative amendment and challenge shall be referred to the Township Planning Commission and County Planning Commission at least 30 days prior to the public hearing for review and comment. The Board shall conduct the hearing in accordance with regulations governing a hearing before the Zoning Hearing Board as stipulated in § 300-36B of this chapter.
(3)
If the Township 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.
(4)
If the Township Board of Commissioners determines
that a validity challenge has merit, the Board of Commissioners may
accept a landowner's curative amendment, with or without revision,
or may adopt an alternative amendment which will cure the challenged
defects. The Board of Commissioners shall consider the curative amendments,
plans and explanatory material submitted by the landowner and shall
also consider:
(a)
The impact of the proposal upon roads, sewer
facilities, water supplies, schools and other public service facilities.
(b)
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.
(c)
The suitability of the site for the intensity
of use proposed by the site's soils, slopes, woodlands, wetlands,
floodplains, aquifers, natural resources and other natural features.
(d)
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.
(e)
The impact of the proposal on the preservation
of agriculture and other land uses which are essential to public health
and welfare.
B.
Township curative amendments. If the Township determines
that this chapter or any portion thereof is substantially invalid,
it shall take the following action:
(1)
The Township shall declare, by formal action of the
Board of Commissioners, that all or a particular part or parts of
this chapter are substantively invalid and propose to prepare a curative
amendment to overcome such invalidity. Within 30 days of the declaration,
the Board shall make specific findings by resolution specifying the
alleged invalidities and shall commence preparation of the curative
amendment.
(2)
Within 180 days after date of the declaration, the
Township shall either enact the amendment, as provided by this article,
or reaffirm the validity of the chapter as it stood prior to the declaration.
During the one-hundred-eighty-day period, the Board shall not be required
to entertain any requests for landowner curative amendments nor shall
any landowner claim rights as a result of the declared invalidity
resolved by the curative amendment. Having used the curative amendment
procedure, the Board may not use said procedure for at least 36 months
after the date of enacting the curative amendment or reaffirming the
validity of the chapter, unless a state statute or court decision
imposes a new obligation and a curative amendment is based on that
statute or decision.
