MapLink™ | Procedures | Zoning Amendments

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Zoning Amendments
A. Power of amendment.
The Board of Commissioners may from time to time amend, supplement, change, modify or repeal this chapter, or any part thereof, including the Zoning Maps, by proceeding in the manner prescribed in this article. No regulation, restriction or district boundary shall become effective, however, until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. The provisions of this article requiring public hearings and notice thereof shall apply to all changes and amendments of this chapter.

B. Petition of citizens for zoning change.
(1) Whenever the owners of 50% or more of any area wherein a change of zoning regulations is sought shall present to the Board of Commissioners a petition in the form prescribed by the Township, duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for, or of the Zoning Maps including such area, the Board shall, except as hereinafter provided, hold a public hearing thereon and cause notice to be given in the manner set forth below. Whenever a petition to change the zoning classification of a property is filed and at the time of filing the property is under agreement of sale, both the seller and the purchaser must sign and acknowledge the petition. In addition, three certified copies of the agreement of sale shall be filed with the petition.
(2) Three duly executed copies of the petition, together with copies of a map of the area in question attached thereto, shall be filed with the Director of Planning of the Township of Lower Merion, and at that time the filing fee hereinafter specified shall be paid by the petitioner. Any additional data in support of the petition which the petitioner desires to make available for the technical review of the Township Solicitor and the Planning Commission shall be filed in triplicate with the petition at the time it is filed.
(3) Referral. Any proposed amendment presented to the Board of Commissioners without written findings and recommendations from the Township Planning Commission and the Montgomery County Planning Commission shall be referred to these agencies for review at least 30 days prior to the public hearing of the Board of Commissioners. The Board of Commissioners shall not hold a public hearing upon such amendments until the required reviews are received or the expiration of 30 days from the date of referral, whichever comes first.

C. Times for public hearings; notice.
(1) No public hearings on proposed amendments will be held during the month of August.
(2) The time and place of public hearings on proposed amendments will be fixed by the Board by vote at a regular or special meeting.
(3) Notice. The Board will cause prompt notice of such public hearings to be given as follows:
(a) By publishing notice of the time and place of the public hearing once a week for two successive weeks in an official paper or a paper of general circulation in the Township.
(b) By mailing a notice thereof to every resident or association of residents of the Township who shall have registered their names and addresses for this purpose with the Township Secretary.
(c) By posting a notice thereof on the property for which the change is sought.
(d) By mailing a notice thereof to every owner of property within 500 feet of the property(ies) involved.
(4) Such notice shall state the general nature of the proposed amendment as well as the time and place of the public hearing.

D. Procedure at public hearing.
(1) At the time scheduled for the public hearing, the following procedure will be followed:
(a) Petitions will be heard in the order of their filing.
(b) The presiding officer will announce the hearing.
(c) The Director of Building and Planning will describe the location and boundaries of the area included in the petition or the area the classification of which is proposed to be changed by the Board of Commissioners. He/she will explain the differences between the district regulations existing and the district regulations as requested or proposed to be changed and will answer questions regarding the foregoing matters.
(d) The petitioner or the attorney or representative may submit evidence in support of the petition. He/she may produce such testimony as he/she chooses but the presentation of the case must be completed within 30 minutes, except by special permission of the Board.
(e) Evidence in opposition to the petition will be received from any citizen or party in interest or his attorney or representative. Opposition testimony must be completed within 45 minutes, except by special permission of the Board.
(f) In rebuttal, the petitioner or the attorney or representative may answer points raised by opponents of the requested amendment, but no new subject matter may be introduced and such rebuttal must be completed within 15 minutes, except by special permission of the Board.
(g) Questions and comments by any citizen present or any civic association or other organization will be permitted at the conclusion of the foregoing testimony, when special permission is granted by the Board.
(h) The Board will take the matter under advisement.
(2) After the conclusion of a pubic hearing on a requested amendment, no additional evidence will be received by the Board nor will any further communication, either written or oral, be considered by the Board, unless a further public hearing is scheduled.

E. Decision of Board of Commissioners.
(1) The Board of Commissioners will, after considering the testimony and argument presented, either approve the granting of the petition, modify it or reject it completely. An ordinance approved and adopted by the Board shall take effect and be in force from and after its approval as required by law. If a petition for an amendment is declined, the Board will not entertain another petition covering the same or substantially the same area and requesting the same change in zoning classification for a period of one year, unless the Board concludes that there has been such a material change in the character and circumstances of the neighborhood that an earlier consideration is warranted.
(2) Standards for text or rezoning amendments. In deciding whether to adopt or deny any proposed amendment, or to adopt some modification of the Planning Commission's recommendation, the Board of Commissioners shall consider, among other factors, the following:
(a) Whether the proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, as adopted and amended from time to time;
(b) Whether the proposed amendment is compatible with current and projected conditions and the overall character of development in the immediate vicinity of the subject property;
(c) Whether the proposed amendment is the most desirable use for which the land in the subject property is adapted; and
(d) Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction.