(a) Amendments and Changes.
(1) Whenever it is deemed desirable in order to meet the public needs; promote the convenience and welfare of the public; conform with good zoning practice and the intent and purpose of this chapter; and adhere to the guiding principles of the Comprehensive Plan, the City may amend, supplement, or change the regulations, district boundaries, or classification of property, now or hereafter established by this chapter, subject to the procedure provided in this section.
(2) Any amendment, supplement, reclassification, modification or change may be initiated by any of the following:
A. The Planning Commission may initiate action by filing a written report to City Council;
B. City Council may initiate action on their own; or
C. Any landowner may submit a request for an amendment.
1. Petition for Map Change or Amendment.
a. Form and Content. Petitions for change of district boundaries or reclassification of districts as shown on the Official Zoning Map shall be on forms supplied by the City. A narrative description which: (1) defines the limits of the requested change by street name or recognizable physical feature; (2) states the specific reason for the requested change and (3) states the specific use, type of development, and type of structure to be erected under the proposed change. A map and/or preliminary site plans of the area to be rezoned shall also be submitted to the City for reference and review. All information shall then be submitted to the Planning Commission for their review and recommendations.
b. Preliminary Review by Planning Commission. After the facts are presented and the data and information from the petition are reviewed and studied by the Planning Commission, the Commission shall, within 15 days after regularly scheduled meeting, submit the petition with its preliminary recommendations to the City. The preliminary report by the Planning Commission is not intended to establish final approval by the Commission but rather to serve as a means of providing a format for action and review by the City.
(b) Action by the City.
(1) Subsequent to the introduction of the petition for zoning change and preliminary report by the Planning Commission to the City, the City shall fix a time for a public hearing, pursuant to public notice requirements.
(2) Public notice shall include the time and place of the public hearing for consideration of the proposed amendment, supplement, or change, stating when and where a copy of the proposal will be available for public inspection, and briefly describe the change proposed.
(3) In addition, if the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the City at points deemed sufficient by the City 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.
(c) City Planning Commission Review. In the case of amendments not initiated by the City Planning Commission, the Planning Commission shall have been informed of the amendment at least 30 days prior to the hearing.
(d) Cambria County Planning Commission Review. The City shall submit the proposed amendment to the Cambria County Planning Commission for recommendation at least 30 days prior to the public hearing.
(e) Conduct of Public Hearing.
(1) A public hearing is held by City Council pursuant to public notice.
(2) If the proposed amendment is altered substantially or is revised to include land not previously affected, another public hearing must be held pursuant to public notice.
(3) Notice of the amendment must be published at least ten days prior to enactment.
(4) Following the final public hearing, Council may vote to adopt the amendment.
(5) To be a legally enacted amendment, notice of the proposed enactment must be published in a newspaper of general circulation as outlined in this section.
(f) Publication. Notice of the proposed enactment shall include the time and place of the meeting where passage will be considered, and a reference to the place where copies of the amendment may be examined without charge or obtained at cost. The City shall publish the proposed amendment once in a newspaper of general circulation in the City. Such notice shall state the time, place of the meeting, and the particular nature of the matter to be considered at the meeting. The publication shall not be more than 60 days nor less than ten days prior to passage. Publication of the proposed amendment shall include either the full text or the title and brief summary, prepared by the City Solicitor. If the full text is not included, a copy will be supplied to the newspaper at the time public notice is published, and an attested copy of the proposed ordinance will be filed at the Cambria County Law Library. If substantial changes are made to the amendment after this publication, the City, at least ten days prior to enactment, shall re-advertise a brief summary setting forth all provisions and changes, according to the aforementioned notice requirements in a newspaper of general circulation in the City.
(g) Final Action by the City.
(1) The passage of an ordinance amending, supplementing, or changing the regulations, district boundaries, or classification of property, now or hereafter established by this ordinance, shall require the affirmative vote of a majority of the members of City Council.
(2) Any ordinance amending, supplementing or changing the regulations, district boundaries or classification of property hereinafter established by this ordinance, if not acted upon by the City within 90 days after the required public hearing, shall require a new public hearing as prescribed in this section.
(3) Within 30 days after the enactment, the City shall forward a copy of the amendment to the Cambria County Planning Commission.
(Ord. 5139. Passed 11-27-13.)