Wyoming City Zoning Code
PART 10
AMENDMENTS TO MAP OR TEXT
§ 27-1001 General.
Whenever the public necessity, convenience, general welfare or good zoning practices require, the Governing Body of Wyoming Borough by Ordinance, may, after receipt of recommendation thereon from the Planning Commission, and subject to the procedures provided by law, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereafter established by this chapter or amendments thereof.
§ 27-1002 Procedure for Change in Zoning District.
1.
Applications. Applications for any change in the text of the Zoning Ordinance or of district boundaries or classifications of property shown on the Zoning Map, shall be submitted to the Zoning Officer upon such forms and accompanied by such data and information as may be prescribed for that purpose by him, so as to insure the fullest practicable presentations of facts for the record. Each application for a change of district boundaries or classification of property shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. It shall contain a map of the area proposed to be rezoned, and the area within 200 feet, giving the name and address of property owners and all district boundary lines, and streets and alleys located therein. The Zoning Officer shall check the application to determine whether it conforms with the requirements listed above, and if satisfactory, shall immediately submit it to the Office of the Commission Amendments to the Zoning Ordinance may also be initiated by the Commission by resolution, and recommended to the Governing Body of Wyoming Borough for adoption.
2.
Action of Commission. The Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning amendment requested in the application, or it may recommend that the application be not granted. These recommendations shall then be certified to the Governing Body of Wyoming Borough.
3.
Public Hearings by the Governing Body of Wyoming Borough.
A.
After receiving from the Commission the certification of said recommendations on the proposed amendment, and before adoption of such amendment, the Governing Body of Wyoming Borough (Body) shall hold a public hearing thereon, notice of the first publication of which shall not be more than 30 days and not less than 14 days from the date of the hearing. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. It shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality affected by the amendment. The notice shall state the purpose, place or places and times at which the proposed amendment to the ordinance, including text and maps, may be examined.
B.
The Body, through the Zoning Officer, shall give notice of the time, place and purpose of public hearings to be held by it on proposed amendments or supplements, by mailing a postal card or letter notice to the owners of all properties lying within 200 feet of any part of the property proposed to be changed. The failure to notify as provided in this section, shall not invalidate any recommendations adopted hereunder; it being the intention of this section to provide, so far as may be possible, due notice to the persons substantially interested in the proposed change that an application is pending before the Body, proposing to make a change in the Zoning Map or the regulations set forth in this chapter. In the case of storage of explosives, in addition to the above, property owners within 500 feet of the structure in which the explosives are stored, shall also be notified.
C.
If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by Wyoming Borough at points deemed sufficient by Wyoming Borough along the perimeter of 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.
D.
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 governing body shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
4.
Action of the Governing Body of Wyoming Borough. The Governing Body of Wyoming Borough shall consider the recommendations of the Planning Commission, and other information given at its public hearing, and vote on the proposed amendment to the text or map of the Zoning Ordinance. The applicant and others so requesting, shall receive notice of the decision of the Governing Body of Wyoming Borough, through the Zoning Officer.