Hanover City Zoning Code
ARTICLE X
Amendments
§ 370-1000 Enactment of Zoning Ordinance amendments.
A.
Power to amend. The regulations, restrictions, boundaries and requirements set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed through amendment by the Hanover Borough Council, as set forth in the Pennsylvania Municipalities Planning Code.
B.
The Borough Council shall conduct hearings and make decisions in accordance with the Pennsylvania Municipalities Planning Code. Before voting on the enactment of an amendment, the Council shall hold a public hearing thereon, pursuant to public notice and pursuant to mailed notice and electronic notice to an owner of a tract or parcel of land located within the Borough, or an owner of the mineral rights in a tract or parcel of land within the municipality who has made a timely request in accordance with Pennsylvania Municipalities Planning Code Section 109.[1]
[1]
Editor's Note: See 53 P.S. § 10109.
C.
In the case of an amendment other than that prepared by the Planning Commission, the Council shall submit each such amendment to the Planning Commission to provide the Planning Commission an opportunity to submit recommendations.
D.
If the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the municipality at points deemed sufficient by the municipality 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.
E.
In addition, where the proposed amendment involves a zoning map change, notice of the public hearing shall be mailed by the municipality at least 30 days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the municipality. The notice shall include the location, date and time of the public hearing. This clause shall not apply when the rezoning constitutes a comprehensive rezoning.
F.
At least 30 days prior to the public hearing on the amendment, the Borough shall forward the amendment to York County Planning Commission for recommendations.
G.
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 Council shall hold another public hearing, pursuant to mailed and electronic public notice as specified by the Pennsylvania Municipalities Planning Code, before proceeding to vote on the amendment.
H.
Within 30 days after enactment, a copy of the adopted amendment to this chapter shall be forwarded to York County for record.
§ 370-1001 Procedure for landowner curative amendments.
A.
A landowner and/or developer who desires to challenge on substantive grounds the validity of this chapter or the Official Zoning Map[1] 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 Council with a written request that his challenge and proposed amendment be heard and decided as provided in § 916.1 of the Pennsylvania Municipalities Planning Code (hereinafter "MPC"), 53 P.S. § 10916.1. The curative amendment and challenge shall be referred to the Planning Commission and the county planning agency as provided in § 609 and notice of the hearing thereon shall be given as provided in § 610 and § 916.1 of the MPC, 53 P.S. §§ 10609, 10610, and 10916.1.
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
B.
The Council will conduct hearings and make decisions in accordance with the Pennsylvania Municipalities Planning Code. If the Borough does not accept a landowner and/or developer's curative amendment brought in accordance with this subsection and a court subsequently rules that the challenge has merit, the court's decision shall not result in a declaration of invalidity for this entire chapter and Official Zoning Map, but only for those provisions which specifically relate to the landowner's curative amendment and challenge.
C.
The Council, if it determines that a validity challenge has merit, may adopt landowner's curative amendment, with or without revision, or may adopt an alternative amendment, which will cure the challenged defects. The Council shall consider the curative amendments, plans and explanatory material submitted by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water supplies, school and other public service facilities;
(2)
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 this chapter or Official Zoning Map.
(3)
The suitability of the lot for the intensity of use proposed by the lot's soils, slopes, woodlands, wetlands, floodplains, aquifers, natural resources and other natural features;
(4)
The impact of the proposed use on the lot'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.
§ 370-1002 Procedure for Borough curative amendments.
A.
If the Borough determines that this chapter, or any portion hereof, is substantially invalid, it shall take the following actions:
(1)
The Borough shall declare by formal action, this chapter or portions hereof substantially invalid and propose to prepare a curative amendment to overcome such invalidity. Within 30 days following such declaration and proposal Council shall:
(a)
By resolution make specific findings setting forth the declared invalidity of this chapter, which may include:
[1]
References to specific uses that are either not permitted or not permitted in sufficient quantity;
[2]
Reference to a class of use or uses which requires revision; or,
[3]
Reference to this entire chapter, which requires revisions.
(b)
Begin to prepare and consider a curative amendment to this chapter to correct the declared invalidity.
(2)
Council will conduct hearings and make decisions in accordance with the Pennsylvania MPC.
§ 370-1003 Content of public notice.
Public notices of proposed zoning ordinances and amendments shall include either the full text thereof, or a brief summary setting forth the principal provisions in reasonable detail, and a reference to a place within the Borough where copies of the proposed ordinance or amendment may be examined, in addition to the time and place of hearing. If the proposed amendment involves a zoning map change, notice of said public hearing shall comply with Pennsylvania Municipalities Planning Code.
