Chapter 20.77


20.77.010    Contract zoning – Definition and purpose.

20.77.020    Initiation.

20.77.030    Agreement.

20.77.010 Contract zoning – Definition and purpose.

In this chapter, “contract zoning” means a zoning reclassification to a less restricted use when the owner of the rezoned property, through an agreement with the borough assembly, places restrictions on the use of the land beyond the zoning requirements generally attaching to the new district in which the property has been placed. Contract zoning shall follow the same procedures as set forth in WMC 20.76.020(C), 20.76.030 and 20.76.040(A) and (B). [Ord. 867 § 1, 2013; Ord. 485 § 7, 1985.]

20.77.020 Initiation.

Contract zoning shall be initiated by petition signed by the owners of the property to be rezoned. In addition to the information required in WMC 20.76.020(C), the petition shall include the following:

A. The use to which the property will be put;

B. The term desired for the agreement, which term shall not exceed the estimated useful life of the improvements that are or will be constructed on the property;

C. The dimensions, square feet and height of the improvements;

D. A detailed site plan, which shall include the location of improvements and provisions for off-street parking spaces and loading/unloading space(s);

E. The estimated number of persons that will be employed;

F. A statement as to the type and volume of solid waste that will be generated and the proposed method of disposal;

G. A statement as to the amount of traffic that will be generated; and

H. A statement as to the noise or odor that may be generated. [Ord. 867 § 1, 2013; Ord. 485 § 7, 1985.]

20.77.030 Agreement.

If the borough assembly finds that it is in the best interest of the public to approve the proposed contract zone, the borough assembly shall prepare an agreement, including such terms and limitations as the assembly deems necessary to protect neighboring properties, for approval by ordinance. The agreement shall include covenants as follows:

A. That the property shall be developed for the proposed use within a specified period of time;

B. That if the owner ceases to use the property as agreed for a specified period of time the classification of the property will revert to the former zone; and

C. That should the property subject to the agreement be zoned to a zoning classification which permits the use set forth in the agreement, the provisions of the agreement restricting said property use shall be null and void. [Ord. 867 § 1, 2013; Ord. 485 § 7, 1985.]