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Whitaker City Zoning Code

ARTICLE XIII

Amendments

§ 440-56 Amendments.

A. 
The Borough Council may from time to time on its own motion, or on petition, or on recommendation of the Planning Committee, amend, supplement, or repeal the regulations and provisions of this chapter. Every such proposed amendment or change whether initiated by the Borough Council or by petition shall be referred to the Planning Committee for report thereon before the public hearing hereinafter provided for. 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 to be given as follows:
(1) 
By publishing a notice thereof once a week for three successive weeks in a newspaper of general circulation in the Borough, the first insertion of said notice to be at least 15 days prior to the date fixed for such hearing.
(2) 
By mailing or delivering a notice thereof to every resident or association of residents of the Borough who shall have registered their names and addresses for this purpose with the Borough Secretary.
(3) 
The notice shall state the general nature of the proposed amendment as well as the text.
B. 
Whenever the owners of 50% or more of the street frontage of any district or any specified part thereof, shall present to the Borough Council a petition duly signed and acknowledged, requesting an amendment, supplement, change, modification of the regulations prescribed for the Zoning Maps including said district or specified part thereof, it shall be the duty of the Borough Council to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed above.
C. 
In case of a protest against any amendment by the owners of 33 1/3% or more, either of the area of the lots included in such proposed change 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 amendment shall not become effective except by a favorable vote of 2/3 of all the members of Council.
D. 
No amendment to this chapter shall apply to or affect any building permit or occupancy permit for any structure, lot or use which has been previously approved by the Building Inspector provided said structure, lot, or use complies with the provision of the ordinance at time of said approval; and until and unless said permit expires and is cancelled in accordance with Article XII, §§ 440-40 and 440-41.