Ordinances

ARTICLE 1326

AMENDMENTS

1326.01 Power of Amendment

City Council may, from time to time, amend, supplement, change, modify or repeal this Ordinance, including the Zoning Map. When doing so, the Council shall proceed in the manner prescribed in this Article.

1326.02 Who May Initiate

Proposals for amendment, supplement, change, modification or repeal may be initiated by City Council on its own motion, by the Planning Commission, or by petition of one (1) or more citizens, subject to the following provisions:

(a) Proposals originated by City Council. The City Council shall refer every proposed amendment, supplement, change, modification, or repeal originated by Council to the Planning Commission no less than thirty (30) days prior to the public hearing before City Council. Prior to the public hearing the Planning Commission shall submit to City Council a report containing the Commission's recommendations, including any additions or modifications of the original proposal. Failure of the Planning Commission to submit such report shall constitute an approval by the Planning Commission.

Within thirty (30) days after its submission to the Planning Commission, the Commission shall submit to City Council a report containing the Commission's recommendation, including any additions or modifications of the original proposal. Failure of the Planning Commission to submit such report within thirty (30) days shall constitute an approval by the Planning Commission.

(b) Proposals originated by the Planning Commission. The Planning Commission may, at any time, transmit to City Council, any proposals for the amendment, supplement, change, modification or repeal of this Ordinance.

(i) Proposals originated by a citizen's petition. Each petition of a proposal for amendment, supplement, change or modification to the zoning map by the citizenry must be acknowledged by a notary public and signed by the owners of fifty (50) percent or more of the land proposed to be rezoned, and submitted in writing to the City Council together with a fee of Two Hundred Dollars ($200.00), plus payment in full by the applicant of all costs incurred by the City in publishing of legally required advertising. A written proposal or petition for amendment of the Zoning Ordinance Text, together with a fee of Two Hundred Dollars ($200.00), plus payment in full by the applicant of all costs incurred by the City in publishing of legally required advertising, may be submitted to City Council by any single citizen. On receipt of said petition, Council shall transmit a copy of the petition to the Planning Commission at least thirty (30) days prior to the hearing on such proposed amendment. All costs incurred by the City in publishing of legally required advertising must be paid by the applicant to the City in full before first reading of any such ordinance.

Within thirty (30) days after its submission to the Planning Commission, the Commission shall submit to City Council a report containing the Commission's recommendation, including any additions or modifications of the original proposal. Failure of the Planning commission to submit such report within thirty (30) days shall constitute an approval by the Planning Commission.

(c) An applicant and/or interested party who requests a continuance of a public hearing scheduled to consider a zoning amendment change shall be responsible for the full cost of re-advertising the date of the subsequent public hearing. In order for the subsequent public hearing date to be established, the cost of the re-advertisement must be deposited with the City Clerk's office.

[Section 1326.02 was amended by Ordinance No. 4193 on May 21, 2003]

1326.03 Notice of Hearings and Enactment

No such amendment, supplement, change, modification, or repeal shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. Notice shall be given as follows:

(a) Publish twice a notice of the time, place, and the general nature of such public hearing in a newspaper of general circulation in the City. Notice shall be published once each week for two (2) successive weeks. The first publication shall be not more than thirty (30) days and the second publication shall be not less than seven (7) days from the date of the hearing.

(b) When such hearing concerns a Zoning Map change, give at least thirty (30) days notice to abutting property owners, who shall be those persons whose properties adjoin or are across the street from the property in question, and to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned.

(c) A copy of the proposed amendment shall be forwarded to the Joint Planning Commission of Lehigh and Northampton Counties at least thirty (30) days prior to the public hearing by City Council.

(d) If the proposed amendment involves a Zoning Map change, notice of the public hearing shall be conspicuously posted by the City at points deemed sufficient by the City, along the perimeter of the tract to be rezoned at least one week prior to the date of the public hearing.

(e) The proposed amendment to the Zoning Ordinance or the title and a brief summary thereof shall be published once in a newspaper of general circulation in the City not more than sixty (60) days nor less than seven (7) days prior to passage.

[Section 1326.03(b) was amended by Ordinance No. 4193 on May 21, 2003]

1326.04 Amendment Change

If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land previously not affected by it, the Council shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.

1326.05 Amendment Listing

All amendments made to this Ordinance as of the date of this publication are listed beginning on Pages B-1 and C-1.

1326.06 Notice to County

Within thirty (30) days after enactment, a copy of the amendment to the Zoning Ordinance shall be forwarded to the Joint Planning Commission of Lehigh and Northampton Counties.