Phoenixville City Zoning Code
PART 10
APPEALS AND AMENDMENTS
§ 27-1001 Amendments.
[Ord. No. 2025-2410, 8/12/2025]
1.
Borough Council may from time to time amend, supplement, change, modify or repeal the contents of this chapter, including the Zoning Map. Any amendment, supplement, reclassification or change may be initiated by the Borough Council, the Planning Commission or by a petition to Borough Council from a property owner within the Borough. Borough Council shall fix the time and place of a public hearing on the proposed change, amendment or repeal and cause notice thereof to be given as follows:
A.
By publishing a notice once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days or less than seven days from the date of the hearing.
B.
The notice shall also set forth the principal provisions of the proposed change, amendment or repeal in reasonable detail and a reference to a place in the Borough where copies of the proposed change, amendment or repeal may be examined or purchased at a charge not exceeding the cost thereof. Full opportunity to be heard will be given to any citizen and all parties in interest attending such hearing.
C.
If the proposed amendment involves a Zoning Map change, notice of said public hearing shall be conspicuously posted by the authorized representatives of the Borough at points deemed sufficient along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least one week prior to the date of the hearing. In addition to the requirement that notice be posted along the property, if the proposed amendment involves a Zoning Map change, notice of the public hearing shall be mailed by the Borough at least 30 days prior to the date of the hearing by first-class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned as evidenced by tax records within the possession of the Borough. The notice shall include the location, date and time of the public hearing.
2.
Borough Council shall refer each petition or proposal for change or amendment, whether under this Part or under another Part, to the Planning Commission, which shall consider whether or not such proposed change or amendment would be, in the view of the Planning Commission, consistent with and desirable in furtherance of the Comprehensive Plan upon which this chapter is based, as the same may be modified from time to time. The Planning Commission shall transmit its recommendations and conclusions to Borough Council within 30 days. Borough Council shall take such recommendations and conclusions into consideration in reaching its decision but shall not be bound thereby.
3.
Borough Council shall submit the proposed zoning amendment to the Chester County Planning Commission at least 30 days prior to the hearing for its review and comments. Borough Council shall take such comments into consideration in reaching its decision but shall not be bound thereby.
4.
The public hearing shall be conducted in accordance with the appropriate provisions that are established within this chapter and the MPC.
5.
If the zoning amendment is enacted by Borough Council, an endorsed copy of the zoning amendment shall be forwarded to the Chester County Planning Commission within 30 days of enactment.
§ 27-1002 Curative Amendments.
[Ord. No. 2025-2410, 8/12/2025]
1.
A landowner who desires to challenge on substantive grounds the validity of this chapter which prohibits or restricts the use or development of land in which he has an interest may submit a curative amendment to Borough Council with a written request that his challenge and proposed amendment be heard. All such landowner curative amendments shall be decided as provided in accordance with the appropriate provisions that are established within this chapter and the MPC.
2.
The Borough, by formal action, may declare this chapter or portions thereof substantively invalid and propose the preparation of a municipal curative amendment to overcome such invalidity. All such municipal curative amendments shall be decided as provided in accordance with the appropriate provisions that are established within this chapter and the MPC.
3.
All landowner curative amendments and/or municipal curative amendments shall be referred to the Planning Commission and the Chester County Planning Commission at least 30 days prior to the initial hearing date to provide both agencies with an opportunity to submit recommendations.
4.
The advertisement, posting and scheduling of the public hearing shall be conducted in accordance with the appropriate provisions that are established within this chapter and the MPC.
5.
If the landowner curative amendment and/or the municipal curative amendment is enacted by Borough Council, an endorsed copy of the amendment shall be forwarded to the Chester County Planning Commission within 30 days of enactment.
§ 27-1003 Appeals.
[Ord. No. 2025-2410, 8/12/2025]
1.
All appeals concerning the review, application, interpretation and decisions authorized by this chapter shall be in accordance with the appropriate provisions that are established within this chapter and the MPC.
2.
All appeals concerning an alleged error in the processing or enactment of any components of this chapter shall be raised by appeal taken directly from the action of the Borough Council to the appropriate court, which shall not be filed later than 30 days from the effective date of this chapter.