Oil City City Zoning Code
ARTICLE VII
Amendments and Certain Notices
§ 310-50 General.
The City Council may introduce and/or consider amendments to this chapter and to the Zoning Map, as proposed by a member of the Council, the Planning Commission, or by a petition of a person or persons residing or owning property within the City.
§ 310-51 Petitions.
Petitions for amendments shall be filed with the Zoning Officer, and the petitioners, upon such filing, shall pay an advertising deposit and a filing fee in accordance with a fee schedule fixed by the Council's resolution.
§ 310-52 Referral.
Any proposed amendment presented to the City Council without written findings and recommendations from the City of Oil City Planning Commission and the Venango County Planning Commission shall be referred to those agencies for their review and recommendations prior to the public hearing by the Council. The Council shall not hold a public hearing upon such amendments until required reviews and recommendations are received or the expiration of 30 days from the date that such proposed amendments were submitted to the City of Oil City and the Venango County Planning Commission. (Note: Under the provisions of Section 304 of the Municipalities Planning Code, as Venango County has an adopted Comprehensive Plan, it has 45 days to respond to the request for review before the proposed action.[1])
[1]
Editor's Note: See 53 P.S. § 10304.
§ 310-53 Action.
A.
Before acting upon a proposed amendment, the City Council shall, as required by law, hold a public hearing thereon. Public notice of such hearing is required and shall contain a brief summary of the proposed amendment and reference to the place where copies of the same may be examined, and shall be published in accordance with the provisions of the Pennsylvania Municipalities Planning Code. If the proposed amendment involves a change to the Zoning Map, notice of the public hearing shall be posted at the affected tract in accordance with Section 609 of the Municipalities Planning Code at least one week prior to the date of the hearing.[1]
[1]
Editor's Note: See 53 P.S. § 10609.
B.
In addition to the requirements that notice be posted where the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the City 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 property located within the area being rezoned, as evidenced by tax records within the possession of the City. Notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection. Prior to the adoption of an amendment to this chapter, a notice under Section 610 of the Pennsylvania Municipalities Planning Code is required.[2]
[2]
Editor's Note: See 53 P.S. § 10610.
§ 310-54 Curative amendments.
A.
A landowner who desires to challenge on substantive grounds the validity of this Zoning Ordinance or Zoning 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 City Council with a written request that his challenge and proposed amendment be heard and decided as provided in Section 916 of the Pennsylvania Municipalities Planning Code (Act 247), as amended.[1] The City Council shall commence a hearing thereon within 60 days. As with other proposed amendments, the curative amendment shall be referred to the City of Oil City Planning Commission and the Venango County Planning Commission at least 30 days before the hearing is conducted by the Council. Public notice shall be given in accordance with applicable provision of the Municipalities Planning Code. The hearings shall be conducted in accordance with instructions as set forth by Section 916.1 of the Municipalities Planning Code.[2] The findings, actions and considerations of the Council shall be in accordance with Section 609.1 of the Municipalities Planning Code.[3]
§ 310-55 Provision for optional notices.
In accordance with the provisions of Act 39 of 2008 and Section 108 of the Pennsylvania Municipalities Planning Code, the City of Oil City may publish a notice of municipal action. This notice shall include amendments to this chapter or certain decisions that have been entered under this chapter. Typically, these would be the approval of conditional uses or special exceptions. Such notices shall include, among other items, any amendments to this chapter or the Zoning Map, decisions concerning conditional uses and special exceptions or any other decision as defined by Sections 107 and 108 of the Pennsylvania Municipalities Planning Code.[1] Such notices are intended to set limits on the time for certain challenges.
B.
Content of a notice of a decision entered under this chapter. Said notice shall contain:
(1)
The name of the applicant or owner of the subject property.
(2)
Street address; location of property.
(3)
The type of decision and the file or docket number of the decision.
(4)
A brief description of the nature of the decision.
(5)
The date of the decision.
(6)
Address and business hours of City Hall where the decision can be read by the public.
C.
Statement of purpose. Notices provided under this section shall contain the following statement:
The publication of this announcement is intended to provide notification of the adoption of an ordinance or entering a decision and that any person claiming a right to challenge the validity of the ordinance or decision due to procedural questions or alleged defects in the process of enacting, adoption or procedures must bring a legal action within 30 days of the publication of the second notice on this matter. (See Section 1002.1-A of the Pennsylvania Municipalities Planning Code.[2]) |
[2]
Editor's Note: See 53 P.S. § 11002.1-A.
D.
Notice. This notice shall be published in a newspaper of general publication once each week for two successive weeks. The dates of publication shall be included in the notice.
E.
Proof of publication. The City shall obtain and keep in its records a proof of publication of the notice.
[1]
Editor's Note: See 53 P.S. §§ 10107 and 10108.