Butler City Zoning Code
ARTICLE XXI
Amendments
§ 260-136 Procedure.
A.
The regulations, restrictions and boundaries set forth in this chapter may from time to time be amended, supplemented, changed or repealed, provided that no such action may be taken until after a public hearing in relation thereto, at which interested parties and residents shall have an opportunity to be heard.
B.
An amendment, supplement, change or repeal of a portion of this chapter may be initiated by:
C.
All requests for amendment, supplement, change or repeal of a portion of this chapter shall first be referred to the Planning Commission.
§ 260-137 Actions of Planning Commission and Council.
[Amended 7-11-1991 by Ord. 1355]
A.
If an amendment is proposed by Council, that body shall submit the proposal to the Planning Commission at least 30 days before Council's public hearing to allow the Commission to prepare recommendations for Council.
B.
The Planning Commission may, at its discretion, hold a public hearing on the request.
C.
In addition, the Council shall submit the proposed amendment to the Butler Planning Commission for review and comment at least 30 days before the hearing.
D.
Before holding the public hearing, Council shall advertise twice in the legal section of a newspaper of general local circulation, the first notice not more than 30 days before the hearing and the second not less than seven days before stating the date, time and place of the hearing, the full text or a summary or description of the proposed amendment and the time and place when and where the amendment may be examined before the hearing.
E.
In addition, if the amendment involves a change of zoning district boundaries, the property or properties proposed to be rezoned shall be posted with the same information as in the public hearing notice in at least one conspicuous location not less than the seven days preceding the hearing.
F.
Further, when the change will affect zoning district boundaries, the landowner or owners proposing the amendment, if that is the case, and the owners of record of properties abutting any part of or directly across an intervening street from the properties proposed to be rezoned, shall be informed by mail at their address of record not less than 15 days before the hearing. Names and addresses of neighboring property owners shall be provided to the Zoning and Code Management Officer by the landowner requesting the amendment.
G.
If, after public hearing the proposed amendment is changed substantially, or is revised to include land not previously affected, Council shall hold another public hearing on the additional revisions pursuant to public notice before proceeding to vote.
H.
Council shall vote to approve or reject the proposed amendment not later than 90 days after the last public hearing session. Failure to take action within this period shall require another public hearing with a further ninety-day period thereafter in which to act.
I.
Not less than seven days prior to adoption of the amendment, its full text and/or a map clearly showing the new zone district boundaries shall be published in a newspaper of general local circulation. Alternatively, a summary of the amendment may be published if the full text and map is provided the newspaper at the time of publication. An attested copy of the full text and/or map shall be filed at the same time with the County Law Library.
J.
Within 30 days after enactment, a copy of the adopted amendment shall be sent to the Butler County Planning Commission.
K.
Should the decision of Council be appealed, such appeal shall be brought to the Zoning Hearing Board, which may confirm or overturn Council's decision. Appeal from the Zoning Hearing Board's decision shall be to the Butler County Court of Common Pleas.
§ 260-138 Curative amendments.
[Amended 7-11-1991 by Ord. No. 1355]
A.
Landowner curative amendments.
(1)
Any landowner who wishes to challenge any provision of this chapter which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to Council with a written request that his challenge and proposed amendment be heard and decided.
(2)
The landowner shall provide a site plan or other documentation or his proposed amendment in language appropriate for adoption in his application.
(3)
Council shall proceed as for a regular amendment under § 260-137, but shall hold its hearing within 60 days of receiving the request officially at a scheduled meeting.
(4)
Council shall make its decision within 90 days after the hearing, rejecting the amendment, approving it as presented or approving in alternate amendment which will cure the challenging defects.
B.
Municipal curative amendments.
(1)
If City Council determines that this chapter or any part of it is substantially invalid, Council shall, within 30 days of formally declaring this fact, make specific findings setting forth the parts of the chapter declared invalid.
(2)
Council's resolution may refer to specific uses or classes of uses either not permitted, not permitted in sufficient quantity or requiring revision, to amendment of zoning district boundaries or creation of new zoning districts or to any other part of or to the entire chapter.
(3)
Council shall direct the Planning Commission to prepare amendments to cure the declared invalidity, to be processed as for any other amendment to this chapter.
(4)
Within 180 days of its initial declaration, Council shall either enact curative amendments to eliminate the invalidity or reaffirm the validity of the chapter as it stood prior to the declaration.
(5)
During the one-hundred-eighty-day period, Council shall not be required to consider a landowner curative amendment and the Zoning Hearing Board shall not be required to hear a challenge to this chapter brought by a landowner. No rights shall accrue to any landowner on the basis of the invalidity, provided that a curative amendment results from Council's actions.
(6)
Having utilized the procedures of this section, Council may not initiate a municipal curative amendment again until at least 36 months after the date of enactment of the last curative amendment or reaffirmation of this chapter.
§ 260-139 Rehearing.
If a petition for rezoning is denied by either the Planning Commission or the governing body of the city, another petition for a change to the same zone district shall not be filed within a period of one year from the date of denial, except upon the initiation of the governing body of the City 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.