Chambersburg City Zoning Code
ARTICLE XXII
Amendments
§ 300-139 Amendment by Borough Council.
[Amended 8-13-2007 by Ord. No. 2007-10]
In the manner and subject to the conditions set forth in §§ 300-140 through 300-142 of this article, the Borough Council may, from time to time, amend, supplement, change, modify or repeal this chapter, including the Zoning Map. In the event any zoning amendment would result in rezoning an area from a more-restricted zoning district to a less-restricted zoning district, the following conditions will apply to development in the newly rezoned area:
A.
If the newly rezoned area adjoins property which, on the date of the zoning amendment, was used for residential purposes, there shall be no development in the newly rezoned area involving the sale or storage of gasoline, fuel oil or other dangerous or hazardous chemicals or materials, automobile body shops, or any activity authorized as a permitted use under Article IX, § 300-50, Subsections B through W, or Article X, § 300-55, within a distance of 200 feet of the adjacent residentially used property.
B.
If the newly rezoned area adjoins property which, on the date of the zoning amendment, was used for residential purposes, all development in the newly rezoned area shall be subject to the buffering standards set forth in Article XXVI.
C.
For purposes of this section, a property will be considered used for residential purposes if there is a structure used for residential purposes on the property and located within 200 feet of the newly created zoning boundary.
§ 300-140 Procedure.
The Borough Council, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given by publishing a short summary of the proposed amendment at least 15 days in advance of such hearing in at least one newspaper of general circulation in the Borough and published in the county, as well as giving due notice to the owners of the properties affected by posting notice on their properties and in public places and on or near the property under consideration. At the public hearing, full opportunity to be heard shall be given all citizens and parties in interest.
§ 300-141 Repeated actions on amendments.
A.
When a proposed amendment to this chapter has been finally defeated by Council, neither it nor any amendment substantially the same as it may be acted on by Council during one year following the date of its final defeat, except in the event that the Planning and Zoning Commission certifies that there has been a change in conditions which would justify the Council in calling for a new public hearing on the proposed amendment.
B.
For the purpose of this section, a proposed amendment is finally defeated when:
(1)
Upon report to the Council of action by the Planning and Zoning Commission on a proposed amendment and inquiry from the presiding officer as to whether or not a public hearing should be fixed, Council fails to make a motion to fix a time and place for a public hearing;
(2)
By the defeat of a motion to fix a time and place for a public hearing on a proposed amendment;
(3)
After a public hearing by the adoption of a motion that the amendment be rejected;
(4)
After a public hearing and inquiry from the presiding officer as to whether or not a motion shall be made to fix a time and place for the adoption of the amendment, Council fails to make a motion to fix a time and place for the adoption of the amendment;
(5)
By the defeat of a motion to adopt the amendment; or
(6)
By any other procedure finally defeating it.
§ 300-142 Citizen protest against amendments.
[Amended 1-27-1988 by Ord. No. 88-2]
In the event of a formal citizen protest against any amendments, supplements, changes, modifications or repeal of any provision of this chapter, upon protest signed by owners of 30% or more of the land contained within the perimeter and extending a distance of 100 feet from all boundaries of the property affected by the proposed change, excluding roads, streets or other public thoroughfares, such amendment, supplement, change, modification or repeal shall only become effective by a favorable vote by a majority plus one of all members of Borough Council, provided that said citizen protest conforms to the following criteria:
A.
The protest must be filed on the form marked "Citizen Protest Against Amendments," which form may be obtained from the Borough Zoning Enforcement Officer.
B.
The protest form must be returned to the office of the Borough Secretary and must be received in that office not less than five working days before the first scheduled public hearing.
C.
The protest form must be completed correctly, identifying whether the persons signing the protest are property owners or lessees occupying property within the area of the proposed ordinance change, and, as to property owners, there must be included the owner's tax parcel number.