Borough of West Chester, PA Article XII Amendments

§ 112-1201 Authority.

The Borough Council may from time to time amend, supplement, change, modify or repeal this chapter, including the Zoning Map,[1] in accordance with the procedures established by the Pennsylvania Municipalities Planning Code[2] and in accordance with the procedure set forth below.

[1] Editor's Note: Said map is included in the online version of the Code of Borough of West Chester (eCode360®). Said map is also on file in the Borough offices.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

§ 112-1202 Procedure upon proposal by landowner.

Proposals for amendment or change may be initiated by petition of one or more owners of property to be affected by the proposed amendment. Borough Council may determine not to consider a petition in its discretion. If Borough Council determines to consider the petition, the following provisions shall apply:

A. Every such proposed amendment shall be submitted to the Borough Council, which shall refer every proposal to the Borough Planning Commission for recommendation.

B. Whenever a petition for zoning amendment is submitted, the petitioner shall submit a report to indicate that the following standards and criteria can be met.

C. Each such proposed amendment shall be evaluated in accordance with the following standards and criteria to ensure that:

(1) The proposed use is consistent with the purpose of the article whereby it is permitted, the overall purpose of the zoning as contained in Article I and all other applicable provisions of this chapter.

(2) The proposed use will satisfy all of the relevant provisions and requirements of the West Chester Subdivision and Land Development Ordinance[1] and any other applicable codes, ordinances and/or regulations.

[1] Editor's Note: See Ch. 97, Subdivision and Land Development.

(3) The proposed use and its location are consistent with the Comprehensive Plan.

(4) There is a demonstrated need for the proposed use and it will contribute to the maintenance of the health, safety, morals and general welfare of the Borough.

(5) The proposed use is consistent with the nature of the uses existing on any immediately adjacent properties and it will not detract from or cause harm to neighboring properties and will be maintained in a manner in keeping with the character of the neighborhood.

(6) The proposed use is consistent in concept and design with other amendments for which approval has been heretofore granted.

(7) The proposed use is consistent with the logical extension of public services and will not measurably affect the public services and utilities of the surrounding properties.

(8) If the use is one which traditionally adheres to some unique location criteria, the site for which the use is proposed is not one which obviates such criteria.

(9) Any proposed construction will be consistent with good design principles and sound engineering and land development practices and is in keeping with the character of any existing construction within the neighborhood.

(10) The proposed use will provide safe and adequate access to streets and public services, existing or proposed, and will not result in excessive traffic volumes or will make any improvements needed to guarantee compatibility with adjacent streets and public services.

(11) The proposed use has provided for adequate sanitation.

(12) The proposed use will provide for adequate screening as determined by the Borough Council, parking according to Article VI, signage according to Article VII and all environmental controls in Article V.

(13) The proposed use can meet the standards and criteria established for conditional uses as set forth in § 112-1008.

D. Public hearings. All public hearings shall be conducted in accordance with the Pennsylvania Municipalities Planning Code.[2]

[2] Editor's Note: See 53 P.S. § 10101 et seq.

E. Fees. Fees shall be in accordance with the applicable fee schedule adopted by Borough Council.