Chapter 20.76
AMENDMENTS

Sections:

20.76.010    Amendment authority.

20.76.020    Initiation.

20.76.030    Commission hearing and report.

20.76.040    Borough assembly hearing and notice.

20.76.010 Amendment authority.

Whenever the public necessity, convenience or general welfare requires, the borough assembly may, under the procedure set forth in this chapter and by ordinance, amend or repeal these regulations or change the boundaries of zones. [Ord. 867 § 1, 2013; Ord. 485 § 6, 1985; prior code § 95.75.010.]

20.76.020 Initiation.

Changes in this title may be initiated by the following means:

A. By the borough assembly on its own motion;

B. By the commission on its own motion;

C. By petition signed by the owners of 50 percent of the property within an area proposed for rezoning; the petition shall be filed with the commission through the zoning administrator. The zoning administrator shall not accept incomplete or incorrect petitions for filing. If the borough assembly finds that it is in the public’s best interest to disapprove a petition, another petition requesting substantially the same zoning change may not be filed within six months after disapproval of the original petition. Besides the necessary signatures, the petition shall contain the following:

1. A description by lot and block and general location of the property involved;

2. Reasons for the proposed change;

3. A statement describing the effect of the proposed change on the objectives of the comprehensive plan; and

4. A fee of $75.00 to cover legal notice and administrative costs. [Ord. 867 § 1, 2013; Ord. 485 § 6, 1985; prior code § 95.75.020(1).]

20.76.030 Commission hearing and report.

A. Before any proposed zoning change may be acted upon by the borough assembly, the commission shall hold a public hearing on the proposed amendment to the zoning ordinance or proposed map. The zoning administrator, with the assistance of other borough departments, shall review and report to the commission on the proposed amendment, prior to the date of the hearing.

B. At least 10 days before the hearing a public notice specifying the subject, time and place of the hearing shall be posted at City Hall. In addition, where the proposed zoning change affects a zone boundary, owners of property within the area of proposed zone change and all property owners within 300 feet of this area shall be notified by mail of the subject, time and place of such hearing. Said notice shall be mailed at least 10 days before the hearing. Hearing notices shall be mailed at least 20 days prior to a hearing for proposed zoning changes within the RMU district.

C. Within 45 days from the date of the hearing as set forth in this section, the commission shall study the proposed change and shall make a report in writing to the borough assembly. The report shall include the following:

1. Findings as to need and justification for the proposed change including findings as to the effect which the proposed change would have on the objectives of the comprehensive plan;

2. Findings as to the effect which the proposed change would have on property owners in the area of proposed boundary changes, including changes in traffic flow, population, density, off-street parking, sewer and water services; and

3. Recommendation as to the approval or disapproval of the change. [Ord. 867 § 1, 2013; Ord. 485 § 6, 1985; prior code § 95.75.020(2).]

20.76.040 Borough assembly hearing and notice.

A. Before taking any action on the proposed zoning change, but within 30 days of the filing of the report by the commission, the borough assembly shall hold a public hearing on the proposed amendment to the zoning ordinance or proposed map.

B. At least 10 days before the hearing a public notice specifying the subject, time and place of the hearing shall be posted at City Hall. In addition, where the proposed zoning change affects a zone boundary, owners of property within the area of proposed zone change and all property owners within 300 feet of this area shall be notified by mail of the subject, time and place of such hearing. Said notice shall be mailed at least 10 days before the hearing. Hearing notices shall be mailed at least 20 days prior to a hearing for proposed zoning changes within the RMU district.

C. If the borough assembly finds that it is in the best interest of the public to approve the proposed zoning change, the assembly may enact the change by ordinance. [Ord. 867 § 1, 2013; Ord. 485 § 6, 1985; prior code § 95.75.020(3).]