Beaver City Zoning Code
PART 18
AMENDMENTS TO THE ORDINANCE
§ 27-1801 Applicability of Ordinance Amendments.
[Ord. 778, 5/8/2012, § 1]
1.
The regulations, restrictions and zoning district boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed provided that no such action may be taken until after a public hearing upon such proposal.
2.
When an application for either a use by special exception or a conditional use has been filed with either the Zoning Hearing Board or Borough Council, as relevant, and the subject matter of such application would ultimately constitute either a land development as defined in Part 2, or a subdivision as defined in Part 2 of this chapter, no change or amendment of the zoning, subdivision or other governing ordinance or plans shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. Provided, further, should such an application be approved by either the Zoning Hearing Board or the Borough Council, as relevant, applicant shall be entitled to proceed with the submission of either land development or subdivision plans within a period of six months or longer or as may be approved by either the Zoning Hearing Board or the Borough Council following the date of such approval in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed before either the Zoning Hearing Board or the Borough Council, as relevant. If either a land development or subdivision plan is so filed within said period, such plan shall be subject to the provisions of § 508(1) through (4) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10508(1) — (4), and specifically to the time limitations of § 508(4) which shall commence as of the date of filing such land development or subdivision plan.
§ 27-1802 Enactment of Zoning Ordinance Amendments.
[Ord. 778, 5/8/2012, § 1]
1.
For the preparation of amendments to zoning ordinances, the procedure set forth in § 607 of the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10607, as amended, for the preparation of a proposed zoning ordinance shall be optional.
2.
Before voting on the enactment of an amendment, the Borough Council shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
3.
In the case of an amendment other than that prepared by the Planning Commission, the Borough Council shall submit each such amendment to the Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations. In addition, where a request for consideration of a rezoning application has been filed, all owners of property within 300 linear feet of all boundaries of the subject property or properties shall be notified by first class mail of the date of the first meeting or scheduled public hearing at which the application will be discussed. The applicant shall provide to the Borough staff a list containing the names of the aforementioned property owners.
4.
If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
5.
At least 30 days prior to the public hearing on the amendment by the Borough Council, the Borough shall submit the proposed amendment to the Beaver County Planning Commission for recommendations.
6.
The Borough may offer a mediation option as an aid in completing proceedings authorized by this section. In exercising such an option, the Borough and mediating parties shall meet the stipulations and follow the procedures set forth in § 27-1704 of this chapter.
7.
Within 30 days after enactment, a copy of the amendment to this chapter shall be forwarded to the Beaver County Planning Commission and to persons directed by Borough Council.
§ 27-1803 Initiation.
§ 27-1804 Procedure.
[Ord. 778, 5/8/2012, § 1]
1.
Upon receipt of a petition for an amendment to this chapter or its map, the Planning Commission shall review the proposal and submit recommendations, with specific reasons in support of either adopting or rejecting the proposal to the Borough Council within 60 days of receipt of the petition.
2.
The Planning Commission may hold a public hearing, pursuant to public notice, if it feels the proposal is of such a controversial nature or is so widespread in its jurisdiction that additional testimony should be gathered.
3.
In the case of a petition to change a zoning district boundary, such petition shall be signed by the property owner proposing the amendment. The petition shall contain the legal description of the area proposed to be rezoned.
4.
In the case of a petition to change the text of this chapter, such petition shall bear the names of at least 10 property owners in the Borough, not more than one such owner representing any one property. The proposed text change shall be specifically stated in the petition. Petitions shall attest that the requirements of this subsection have been met.
A.
If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the Borough at points deemed sufficient by the Borough along the perimeter of the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing.
B.
Owners of property within 300 linear feet of any boundary of a property or properties for which a change in the zoning district is being sought, shall be informed by first class mail at their addresses of record, by letter, sent at least 15 days prior to the hearing, indicating the date, time and place of the hearing.
5.
The Borough Council shall review the Planning Commission recommendations and shall call a public hearing, pursuant to public notice, after which the Borough Council shall vote approval or disapproval of the proposed amendment within 90 days of the conclusion of the hearing.
6.
When the Borough Council proposes an amendment, it shall allow the Planning Commission at least 30 days to review the proposal and submit recommendations before holding a public hearing.
7.
Before holding a public hearing the Borough Council shall submit the proposed change to the Beaver County Department of Economic Development at least 30 days prior to the hearing for recommendation, stating the date of the scheduled hearing.
8.
If a proposed amendment is revised before final approval to include property not previously affected or to further alter the text, the Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the change.
9.
Appeal from a decision of the Borough Council on an amendment proposal shall be to the Beaver County Court of Common Pleas.
§ 27-1805 Rehearing.
[Ord. 778, 5/8/2012, § 1]
If a petition for amendment, supplement, change or repeal of this chapter is denied by the Borough Council, another petition for a similar change shall not be filed within a period of one year from the date of denial, except upon the initiation of the Borough Council or with the recommendation of, or upon the initiation of, the Planning Commission based upon a change in circumstance which would warrant a rehearing.
§ 27-1806 Procedure for Landowner Curative Amendments.
[Ord. 778, 5/8/2012, § 1]
1.
A landowner who desires to challenge, on substantive grounds the validity of a zoning ordinance or map or any provision thereof, which prohibits or restricts the use or development of land in which he has an interest, may submit a curative amendment to the Borough Council with a written request that his challenge and proposed amendment be heard and decided as provided in this section. The Borough Council shall commence a hearing thereon within 60 days of the request. The curative amendment and challenge shall be referred to the Planning Commission as provided in this section and notice of the hearing thereon shall be given as provided in § 610 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
2.
The hearing shall be conducted in accordance with § 27-1702 and all references therein to the Zoning Hearing Board shall, for purposes of this section, be references to the Borough Council. If the Borough does not accept a landowners curative amendment brought in accordance with this section and a court subsequently rules that the challenge has merit, the courts decision shall not result in a declaration of invalidity for the entire zoning ordinance and map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
3.
If the Borough Council has determined that a validity challenge has merit, they may accept a landowner's curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. The Borough Council 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 the ordinance 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.
§ 27-1807 Procedure for Municipal Curative Amendments.
[Ord. 778, 5/8/2012, § 1]
1.
If the Borough determines that this chapter, or any portion thereof, is substantially invalid, it shall take the following actions:
A.
The Borough shall declare by formal action, this chapter, or portions thereof, substantively invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal, the governing body of the municipality shall:
B.
Within 180 days from the date of the declaration and proposal, the Borough shall enact a curative amendment to validate or reaffirm the validity of this chapter pursuant to the provisions required by § 27-1807 in order to cure the declared invalidity of this chapter.
C.
Upon the initiation of the procedures, as set forth in this section, the Borough Council shall not be required to entertain or consider any landowner's curative amendment filed under § 27-1806 nor shall the Zoning Hearing Board be required to give a report requested under §§ 27-1703 and 27-1709 subsequent to the declaration and proposal based upon the grounds identical to or substantially similar to those specified in the resolution required by Subsection 1A(1). Upon completion of the procedures as set forth in this section, no rights to a cure pursuant to the provisions of § 27-1804 shall, from the date of the declaration and proposal, accrue to any landowner on the basis of the substantive invalidity of the unamended zoning ordinance for which there has been a curative amendment pursuant to this section.
D.
The Borough, having utilized the procedures as set forth in this section may not again utilize said procedure for a thirty-six-month period following the date of the enactment of a curative amendment, or reaffirmation of the validity of this chapter, pursuant to this section provided, however, if after the date of declaration and proposal, there is a substantially new duty or obligation imposed upon the Borough by virtue of a change in statute or by virtue of a Pennsylvania Appellate Court decision, the Borough may utilize the provisions of this section to prepare a curative amendment to its ordinance to fulfill said duty or obligation.