The Borough Council may from time to time amend, supplement,
change, modify or repeal this chapter, including the Zoning Map, in accordance with the procedures established by the Pennsylvania
Municipalities Planning Code and in accordance with the procedure set forth below.
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 and any other applicable codes, ordinances and/or regulations.
(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.
E. Fees. Fees shall be in accordance with the applicable fee schedule
adopted by Borough Council.