Whenever the public necessity, convenience, or general welfare
indicates, the Council of the Borough of Zelienople may, by ordinance
in accordance with applicable laws of the State of Pennsylvania, amend,
supplement, or change the regulations, restrictions, boundaries or
classifications of buildings, structures, and land, as the same are
established by this chapter, or may hereafter be made a part thereof.
Applications or petitions for any change or amendments to existing zoning districts in the Borough shall be made to the Secretary of Council. Said applications, fees set forth as per § 280-1503, Fees, or petitions shall include plats, maps and other data that is deemed necessary by the Borough Council and Planning Commission for consideration of the proposed action.
The Borough Council may from time to time, on its own motion
or petition, after public notice and hearing, amend the regulations
and districts herein established, but no amendment shall become effective
unless the same shall have first been submitted to the Planning Commission
for approval, and said Commission shall have allowed 30 days' time
for consideration and report.
Any owner of land situated within the Borough may challenge, on substantive grounds, the validity of this chapter or any provision thereof that prohibits or restricts the use of development of land in which he has an interest. Said owner may submit a curative amendment to the Borough Council together with written documentation of the basis for the challenge to the existing ordinance and fees set forth in § 280-1503.
Should the Council of the Borough of Zelienople at any time
suspect that this chapter or any portion thereof is invalid, by failure
of its provisions to allow for a legitimate land use or a reasonable
quantity of a particular use, it may declare the chapter invalid.
The invalidation of the chapter shall provide the Borough with up
to six months' immunity. During this time, corrective measures to
amend the deficiencies in the chapter or to invalidate portions of
the chapter shall be accomplished. This provision shall not be invoked
at intervals of less than 36 months.
If a proposed amendment involves a Zoning Map change, notice
of said public hearing shall be conspicuously posted by the Borough
at points deemed sufficient along the perimeter of the tract to notify
potentially interested citizens. The affected tract or areas shall
be posted at least one week prior to the date of the hearing.
