[Amended 6-17-1986 by Ord. No. 86-5]
Appeal procedure shall be as provided in Chapter 85, Land Use Procedures and Fees.
[Amended 7-5-2017 by Ord.
No. 2017-5]
Borough Council reserves the right to amend, change, modify
or repeal any regulation, limitations and restrictions of this chapter,
including the Zoning Map. No such amendment, change, modification
or repeal shall be adopted until after a public hearing is held thereon
by Borough Council at which parties in interest and citizens shall
have an opportunity to be heard. In addition to the notice required
by law, notices of such hearing shall be mailed to every civic association
or association of residents in the Borough which shall have registered
its name and address for this purpose with the Clerk of the Borough.
Failure to give such notices by mail shall not, however, invalidate
any such amendment, change, modification or repeal. No amendment or
change shall become effective unless the ordinance proposing such
amendment or change shall first have been submitted to the Planning
Board for approval, disapproval or suggestions, and the Planning Board
shall have a reasonable time, but not more than 35 days, for consideration
and report. In the case of an unfavorable report by the Planning Board,
such amendment or change shall not become effective except by a favorable
vote of 2/3 of Borough Council.
Whenever the owners of 50% or more of the frontage in any area wherein a change of zoning regulations is sought shall present to Borough Council a petition, duly signed and acknowledged, requesting an amendment, change, modification or repeal of the regulations prescribed for or of the Zoning Map, including such area, it shall be the duty of Borough Council to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in § 450-91 hereof.
In case of a protest against such proposed change signed by
the owners of 20% or more either of the area of the lots or land included
in such proposed change or of the lots of land on either side thereof
or directly opposite thereto extending 100 feet therefrom (exclusive
of street space), such change shall not become effective except by
the favorable vote of 2/3 of all the members of the Borough Council.
