Pleasant Hills City Zoning Code
ARTICLE XXIII
Amendments or Changes
§ 374-125 Amendment procedure.
This chapter and the district boundaries as shown on the Zoning Map may from time to time be amended, supplemented, changed, modified or repealed by proceeding in the following manner:
A.
Any request to amend, supplement, change or modify or repeal this chapter or the Borough Zoning Map shall be initiated by submitting a petition to the Borough Council. Petitions for amendments to the Borough Zoning Map shall include the following information:
B.
Any petition to amend or change any part of this chapter or the Borough Zoning Map shall be accompanied by the required fee in accordance with the fee schedule established by resolution of Borough Council. A copy of the fee schedule shall be available in the office of the Zoning Officer.
C.
After consideration of the petition, the Borough Council shall fix the time and place of a public hearing on the proposed amendment, supplement, change, modification or repeal.
D.
Borough Council shall give public notice, as defined herein, of the public hearing.
E.
In the case where a proposed amendment involves the rezoning of property, a minimum of five public notices shall be posted on and around the perimeter of the affected property for a minimum of seven days prior to the date of the public hearing conducted by Borough Council.
F.
Referral to County Planning Commission. At least 30 days prior to Borough Council’s public hearing on the amendment, the Borough shall submit the amendment to the Allegheny County Planning Commission for review and comment.
G.
Referral to Borough Planning Commission. In the case of an amendment other than that prepared by the Planning Commission, Borough Council shall submit such amendment to the Planning Commission at least 30 days prior to the public hearing on the proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
H.
At the time and place stated in the notice, Council shall hold a public hearing, at which time the parties in interest and the citizens of the Borough shall have an opportunity to be heard.
I.
If, after the public hearing, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, Borough Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
J.
Before voting on enactment, Borough Council shall give notice of proposed enactment in accordance with the requirements of Section 610 of the Pennsylvania Municipalities Planning Code (Act 247, as amended), 53 P.S. § 10610.
K.
Borough Council shall act on any proposed amendment to this chapter within 90 days of the close of all hearings on the proposed amendment.
L.
Within 30 days after enactment, a certified copy of the amendment to this chapter shall be forwarded to the Allegheny County Planning Commission.
§ 374-126 Landowner curative amendments.
Any landowner who wishes to challenge the validity, on substantive grounds, of this chapter or the Zoning Map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest may file a curative amendment together with a written request that the challenge and the proposed amendment be heard and decided by Borough Council in accordance with the provisions of Sections 609.2, 53 P.S. § 10609.2, and 1004 (see now 53 P.S. § 10916.1) of the Pennsylvania Municipalities Planning Code (PA Act 247, as amended).
A.
Borough Council shall hold a public hearing, pursuant to public notice, on the matter within 60 days of receiving the request at a regular monthly meeting. Borough Council shall conduct the hearing in accordance with the requirements for conducting a public hearing specified in Section 908 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10908. All references in Section 908 to the Zoning Hearing Board shall apply to Borough Council.
B.
The curative amendment and challenge shall be referred to the Borough Planning Commission and County Planning Commission for review and comment at least 30 days prior to the public hearing.
C.
Evaluating merits of curative amendment. If Borough Council determines that a validity challenge has merit, Borough Council may accept a landowner’s curative amendment, with or without revision, or may adopt an alternative amendment which will cure the challenged defects. Borough 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, schools 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 map;
(3)
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;
(4)
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; and
(5)
The impact of the proposal on the preservation of agriculture and other land uses which are essential to public health and welfare.
D.
Declaration of invalidity by the court. If the Borough does not accept a landowner’s curative amendment brought in accordance with this section 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, but only for those provisions which specifically relate to the landowner’s curative amendment and challenge.
§ 374-127 Use of mediation option.
The Borough may offer a mediation option as an aid in completing proceedings authorized by this article. In exercising such an option, the Borough and the mediating parties shall meet the stipulations and follow the procedures set forth in § 374-113 of this chapter.
§ 374-128 Protest.
In case of protest against any such change, amendment, supplement, modification or repeal signed by the owners of 33 1/3% or more, either of the area of the lots included in such proposed change, amendment, supplement, modification or repeal, or of those immediately adjacent in the rear thereof extending 100 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such amendments shall not become effective except by the favorable vote of 2/3 of all members of Council.