Preparation of Zoning Plan

Act 230 of 1953, § 2223, under SECOND CLASS COUNTY CODE.

Act 230 of 1953, § 2223

Section 2223. Preparation of Zoning Plan.--(a) It shall be the duty of the zoning commission of the county to make for certification to the board of county commissioners a zoning plan or plans, including both the full text of the zoning ordinance or ordinances and the maps, and representing the recommendations of the commission for the regulation by districts or zones of the location, height, bulk and size of buildings and other structures, percentage of lot which may be occupied, the size of lots, courts and other open spaces, the density and distribution of population, the location and use of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the use of land for trade, industry, recreation, agriculture, forestry, soil conservation, water supply, conservation, or other purposes.

(b) When the efforts of such commission shall have reached the stage of a tentative plan, the commission shall hold at least one public hearing on each tentative plan, to be separately submitted, notice of which hearings shall be published at least fifteen days before the date of the hearing in a newspaper of general circulation in the county. The notice shall contain the time and place of hearing, and shall specify the place and times at which the tentative text and maps of the zoning ordinance may be examined. For the purpose of its public hearing or hearings, the commission shall have power to summon witnesses, administer oaths and compel the giving of testimony.

(c) Before finally adopting and certifying any zoning plan, the zoning commission shall submit its tentative plan to the State Planning Board for advice and recommendations. The approval of the State Planning Board shall be presumed unless the State Planning Board shall, within forty-five days after such submission, present its advices and criticisms in respect to such zoning plan.

(d) In the event that after such public hearing or hearings and after such submission to the State Planning Board the zoning commission, in the light of the developments at such hearing or hearings or the advices and recommendations of the State Planning Board, makes changes in its said tentative plan, there shall be no requirement of any hearing upon such changes or any submission of such changes to the State Planning Board.

Compiler's Note: Section 1 of Reorganization Plan No.2 of 1966 provided that the functions of the State Planning Board, transferred to the Department of Commerce by Reorganization Plan No.1 of 1955, P.L.2045, are further transferred from the Department of Commerce to the Department of Community Affairs, to be administered by the Secretary of the Department of Community Affairs.

Compiler's Note: Section 1201(8) of Act 247 of 1968 provided that section 2223 is repealed insofar as it relates to counties of the second class A.