Philadelphia City Zoning Code
CHAPTER 14
300. ADMINISTRATION AND PROCEDURES
§ 14-302. Procedures Summary Table.
Table 14-302-1 summarizes the roles of the recommending and decision bodies listed in § 14-301 (Reviewers and Decision Makers) in specific types of Zoning Code applications. In the event of conflict between the provisions of that table and the text of this Zoning Code, the text shall govern.
(1) In Table 14-302-1 (Procedures Summary Table), the following abbreviations have the following meanings:
(a) The letter "S" indicates that sign notice of the application must be provided pursuant to § 14-303(13)(c) (Sign Notice).
(b) The letter "N" indicates that newspaper notice of the application must be provided pursuant to § 14-303(13)(d) (Newspaper Notice).
(c) The letter "W" indicates that web notice of the application must be provided pursuant to § 14-303(13)(e) (Web Notice).
(d) The letter "R" indicates that the body has authority to make a recommendation to another body regarding the application, but does not have the power to make a decision on the application. Generally, recommendations are not final decisions subject to appeal under § 14-303(15) (Appeals).
(e) The letter "D" indicates that the body has authority to make a decision regarding the application.
(f) The letter "A" indicates that the body is authorized by either the Philadelphia Home Rule Charter, The Philadelphia Code, or the laws of Pennsylvania to hear appeals of that type of decision.
(g) The letter "P" indicates that the body has the authority to provide prerequisite approval regarding the application.
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Type of Application
|
Code Section
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Public Notice Required § 14-303(13) N = Newspaper S = Sign W = Web | Recommendation, Decision, and Appeal Authority R = Recommendation P = Prerequisite approval D = Decision A = Appeal | |||||
L&I | Zoning Board | Civic Design Review Committee | Commission | Council | ||||
Type of Application
|
Code Section
|
Public Notice Required § 14-303(13) N = Newspaper S = Sign W = Web | Recommendation, Decision, and Appeal Authority R = Recommendation P = Prerequisite approval D = Decision A = Appeal | |||||
L&I | Zoning Board | Civic Design Review Committee | Commission | Council | ||||
Zoning Permits | D | A | ||||||
Special Exception Approval | S | Y | D | R | ||||
Zoning Variance | S | Y | D | R | ||||
Zoning Amendment | ||||||||
Map Amendment | N | R | D | |||||
Text Amendment | N | R | D | |||||
Master Plan Amendments
| ||||||||
Minor Amendments | W | D | ||||||
Major Amendments | N | R | R | D | ||||
Civic Design Review | W | Y | R | |||||
Lot Adjustments | D | P | ||||||
Subdivisions | D | |||||||
(1) Purpose.
This section summarizes the roles and responsibilities of appointed and elected government officials and bodies primarily involved in the administration of this Zoning Code. Additional officials or agencies may be involved based on the character of the application or the size or type of development involved. No provision of this section adds to or detracts from a power, duty, or responsibility granted to any board, commission, department, committee, or agency of the City by a grant of power, duty, or responsibility in another section of the Philadelphia Home Rule Charter or The Philadelphia Code. In the case of any conflict between the provisions of this § 14-301 (Reviewers and Decision Makers) and other provisions of the Philadelphia Home Rule Charter or The Philadelphia Code, including this Zoning Code, the provisions of the Philadelphia Home Rule Charter or The Philadelphia Code shall govern.
(2) City Council.
(a) General Authority.
(b) Authority for Final Action.
The City Council is responsible for final action regarding:
(.1) Amendments to the text of this Zoning Code or the official zoning map. See § 14-304(3) (Zoning Map and Text Amendments).
(3) City Planning Commission.
The Commission is established by Sections 3-100 and 3-908 of the Philadelphia Home Rule Charter and has those powers set forth in Article IV, Chapter 6 of the Philadelphia Home Rule Charter.
(b) Authority for Final Action.
The Commission is responsible for final action regarding:
(.1) A Comprehensive Plan for the City and amendments to that plan. See § 14-304(2) (Comprehensive and Other Plan Adoption).
(.2) Other plans for specific areas, facilities, services, or aspects of development in the City, and amendments to those plans. See § 14-304(2) (Comprehensive and Other Plan Adoption).
(.3) Minor Amendments to master plans in master plan districts. See § 14-304(4)(b) (Action by the Commission on Minor Amendments).
(.4) Land subdivision plans. See § 14-304(7) (Subdivisions and Subdivision Plats).
(c) Review and Prerequisite Approval Authority.
(.1) The Commission provides prerequisite approvals for:
(.a) Zoning permits regarding lot adjustments. See § 14-304(6) (Lot Adjustments).
(.c) Building permits regarding facades in certain subareas of the /CTR Overlay District. See § 14-502(8)(a) (Planning Commission Review).
(.e) Building permits in the /NCO Neighborhood Conservation Overlay district. See § 14-504(3) (Planning Commission Review).
(.f) Screening for Wireless Service Facilities (Freestanding Towers) that does not conform to the list of trees recommended by the Commission. See § 14-603(16)(d) (Screening). 155
(.g) Building permits regarding site layout and landscape plans in the /CAO, City Avenue Overlay district. See § 14-509(3)(r) (Development Design Standards).
(.h) Zoning permits in the /WWO Wissahickon Watershed Overlay district. See § 14-510 (/WWO, Wissahickon Watershed Overlay District).
(.i) Zoning permits regarding CMX-4 and CMX-5 lots subject to compliance with the sky plane controls of this Zoning Code. See § 14-701(5)(b) (Option A: Sky Plane Controls).
(.j) Zoning permits regarding steep slopes. See § 14-704(2) (Steep Slope Protection).
(.k) Certain zoning and building permits in the /CDO Central Delaware Overlay District. See § 14-507(12) (Optional Special Standards, Review, and Exemptions). 156
(.2) The Commission reviews and makes recommendations to the authority responsible for final action regarding:
(.a) Amendments to the text of this Zoning Code or the official zoning map. See § 14-304(3) (Zoning Map and Text Amendments).
(.c) Variances. See § 14-303(8) (Zoning Variances).
(.d) Special exceptions. See § 14-303(7) (Special Exception Approval).
(d) Other Authority.
Other responsibilities of the Commission related to this Zoning Code include:
(.3) Establishing and maintaining an annual registry of Registered Community Organizations. See § 14-303(11A) 167 (Registered Community Organizations).
(e) Civic Design Review Committee.
(.1) General Authority.
The Civic Design Review Committee is established pursuant to § 14-304(5)(a) (Civic Design Review Committee).
(.2) Review Authority.
The Civic Design Review Committee reviews and makes advisory recommendations on zoning applications regarding developments requiring Civic Design Review under § 14-304(5) (Civic Design Review).
(4) Zoning Board of Adjustment.
(b) Authority for Final Action.
(.1) The Zoning Board is responsible for final action regarding:
(.a) Appeals pursuant to § 14-303(15) (Appeals).
(.b) Variances. See § 14-303(8) (Zoning Variances)).
(.c) Special exceptions. See § 14-303(7) (Special Exception Approval).
(5) Department of Licenses and Inspections.
(a) General Authority.
(b) Authority for Final Action.
L&I is responsible for final action regarding zoning permits. See § 14-303(6) (Zoning Permits).
(6) Board of License and Inspection Review.
(a) General Authority.
The Board of License and Inspection Review is established by Section 3-100 of the Philadelphia Home Rule Charter.
(b) Authority for Final Action.
The Board of License and Inspection Review has responsibility for final action regarding appeals of decisions of the Historical Commission. See § 14-1008 (Appeals).
(7) Historical Commission.
(a) General Authority.
The Historical Commission is the City of Philadelphia's historic preservation regulatory agency. Its creation and duties are described in Chapter 14-1000 (Historic Preservation).
(b) Zoning Permit Review Authority.
The Historical Commission shall certify to L&I whether a building or structure is designated historic or contributes to the character of a historic district wherever such certification is necessary for the purposes of L&I's review of zoning permits. See § 14-604(11)(d)(.1), § 14-602(7), 170 and § 14-801(2)(d).
(8) Art Commission.
(b) Prerequisite Approval Authority.
The Art Commission provides prerequisite approvals for:
(.1) Building permits regarding the erection or alteration of any building or other construction, including open spaces, abutting the Benjamin Franklin Parkway Area or the Independence Hall Area of the /CTR overlay district as set forth in § 14-502(8) (Special Review Areas).
(.2) Zoning permits regarding signs in the following areas:
(.a) The Convention Center Area, Center City Commercial Area, Parkway Buffer, South Street/Head House Square Area, Vine Street Area, Washington Square, and Independence Hall Area of the /CTR overlay district, as set forth in § 14-502(7) (Sign Regulations);
(.b) Reserved; and 172
(.3) Zoning permits regarding public art submitted to meet the requirements of § 14-405 (SP-ENT, Entertainment (Special Purpose) District).
(.4) Zoning permits regarding public art submitted to meet floor area bonus provisions of § 14-702 (Floor Area Bonuses).
(9) Streets Department.
(a) General Authority.
(b) Prerequisite Approval Authority.
The Streets Department provides prerequisite approvals for:
(.1) Zoning permits regarding open-air parking that provides spaces for more than three vehicles as required by § 14-803(4)(a)(.3) (Approval by the Streets Department).
(.2) Parking elements of SP-ENT master plans. See § 14-405 (SP-ENT, Entertainment (Special Purpose) District).
(.3) Parking elements of SP-STA master plans. See § 14-406 (SP-STA, Sports Stadium (Special Purpose) District).
(.5) Zoning permits regarding bicycle parking facilities in the public right-of-way that are proposed to satisfy the bicycle parking requirements of § 14-804 (Bicycle Parking).
(10) Water Department.
(a) General Authority.
The Water Department is established by Section 3-100 of the Philadelphia Home Rule Charter.
(b) Review Authority.
The Water Department provides prerequisite approvals for zoning and building permits regarding:
(.1) Stormwater runoff, erosion, and sedimentation impacts. See § 14-704(3) (Stormwater Management).
(.2) Requests for additional impervious surfaces in the /WWO overlay district. See § 14-510 (/WWO, Wissahickon Watershed Overlay District).
(.3) Review of anticipated stormwater discharge for developments covered by § 14-507(12) (Optional Special Standards, Review, and Exemptions). 175
(.4) Review of stormwater management systems for developments that seek to earn a Stormwater Management bonus. See § 14-702(14) (Stormwater Management). 176
(11) Department of Planning and Development.
(a) General Authority.
The Department of Planning and Development is established by § 3-100 of the Philadelphia Home Rule Charter.
(b) Review Authority.
The Department of Planning and Development provides prerequisite approvals for zoning and building permits regarding developments earning the Mixed Income Housing bonus.
(1) Authority to File Applications.
(a) Zoning Text or Map Amendment.
Any person or entity, including the Commission or a department or agency of the City, may request that the City Council enact an amendment of the text of this Zoning Code or the official zoning map, pursuant to § 14-304(3) (Zoning Map and Text Amendments).
(c) Equitable Owners, Authorized Agents, and Conservators.
(.1) Notwithstanding the provisions of § 14-303(1)(b) (Other Applications) above, whenever the legal owner of real property is authorized to file an application under this Zoning Code, that application may also be filed by:
(.a) Any person or entity with written documentation of equitable ownership of that real property.
(.b) A conservator of the property pursuant to Act 135 of 2008, 68 P.S. §§ 1101 to 1111.
(.c) Any person or entity, other than a real estate agent, but including a tenant or licensed contractor, with signed written authorization from the legal owner, equitable owner, or conservator of the property pursuant to 68 P.S. §§ 1101 to 1111 (2008).
(.2) Except as provided in Section 9-2202 of The Philadelphia Code, no person or entity other than a legal owner, equitable owner, conservator, or tenant of the property shall file an application under this Zoning Code without first obtaining an expediter's license from L&I pursuant to Section 9-2203 of The Philadelphia Code.
(.3) Each application filed pursuant to this § 14-303(1)(c) (Equitable Owners, Authorized Agents, and Conservators) is hereby deemed an application filed on behalf of the legal owner of the property and on behalf of any equitable owner of the property with an interest in the application. All filings or statements submitted in support of such application are hereby attributed to the legal owner and to any equitable owner with an interest in the application.
(2) Application Materials.
The applicant shall file, if appropriate, a plan in duplicate drawn to scale showing the actual lot dimensions, use or intended use, height or size, and location of the building or buildings on the lot, together with such other information and data as L&I may require. L&I shall state on the City's website the application materials required by L&I to review an application for compliance with this Zoning Code. If upon review of an application, L&I determines that the application does not contain all of the required materials, L&I shall inform the applicant of the additional materials necessary to demonstrate compliance with this Zoning Code.
(3) Application Fees.
Each application for a permit or approval pursuant to this Zoning Code shall require the payment of a fee in accordance with the fee schedule set forth in Chapter 9 of the Philadelphia Administrative Code, Title 4, Subcode "A". The schedule of fees may be obtained from L&I or from the City's web site.
(4) Consultations.
L&I, the Zoning Board, or the Commission may consult with any other department or agency of the City government to seek advice on any aspect of an application that is under the jurisdiction of that department or agency of the City government. Such consultations of the Zoning Board shall be on the record.
(5) Owner Information Required.
Any application, permit or notice required by this Title 14 to be submitted, distributed, or posted shall, in addition to any requirements set forth elsewhere in this Code, provide the following information with respect to the owner of the affected property: the full name and address of the owner; and, if the owner is not a natural person, the full names and addresses of the owner's responsible officers. If the owner is not a natural person or a publicly traded company, the application, permit or notice shall also include, in addition to the owner of the property, the name and preferred mailing address of each natural person who has an equity interest in such owner or owners of the property that exceeds one or more of the following, regardless of whether the natural person has a direct equity interest or such natural person's equity interest is held through one or more tiers of a corporate structure, such as parent-subsidiary structure: (a) forty-nine percent (49%) of the value of the property or (b) forty-nine percent (49%) of the value of the owner of the property. If no natural person has such an interest, the application, permit or notice shall identify the name and preferred mailing address of the two natural persons who have the largest equity interest in the property.
(6) Zoning Permits.
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(a) Applicability.
This section applies to all applications where the decision on a permit is to be made by L&I, including but not limited to those specific decisions listed in § 14-303(6)(b) (Types of Zoning Permits). Zoning permits confirm that the application complies with all applicable provisions of this Zoning Code. L&I shall have authority to issue the permits and approvals listed in this § 14-303(6) (Zoning Permits):
(.1) Regardless of whether the existing lot, structure, or use is currently in conformance with the provisions of this Zoning Code; and
(.2) Regardless of whether the existing lot, structure, or use is currently the subject of a variance, permit, certificate, special exception, or proviso issued by the Zoning Board, provided that the application shall be consistent with the terms of the current Zoning Code and that variance, permit, certificate, special exception, or proviso. If the application is not consistent with or would require a modification of the terms of a variance, permit, certificate, special exception or proviso approved by the Zoning Board, or otherwise not consistent with this Zoning Code, the application shall be denied and referred to the Zoning Board for action pursuant to the applicable section. 181
Specific types of zoning permits issued by L&I include but are not limited to the following:
(.1) Zoning permits, which permit the proposed structure, site improvement, or construction.
(.2) Use registration permits, which permit the proposed land use, including signs.
The following process shall be available for any project subject to Civic Design Review. At the applicant's option, the applicant may apply for a zoning permit through a two-stage process by submitting an application for a conditional zoning approval, subject to the provisions of this § 14-303(6)(c), before submitting a zoning permit application. Applications for special exception approval and applications requiring a variance from the terms of this Zoning Code are not eligible for the conditional zoning approval process.
(.1) A conditional zoning approval confirms that the application complies with all of the following:
(.a) The use regulations of Chapter 14-600 (Use Regulations), Chapter 14-500 (Overlay Zoning Districts), and § 14-513(4) (Use Regulations);
(.b) The dimensional standards of § 14-701 (Dimensional Standards) and Chapter 14-500 (Overlay Zoning Districts);
(.e) The standards in § 14-705 (Landscape and Trees) that regulate (a) required landscape areas (including the required number of trees and plants to be provided in the required landscape area) or (b) required number and caliper of trees to be planted, preserved and replaced, but excluding (c) required plant or tree species, irrigation system specifications, buffer heights, and buffer wall or fence materials;
(.f) The subdivision regulations of § 14-708 (Subdivision Standards), as applicable;
(.g) The parking and loading regulations of § 14-801 (Purpose, Applicability, and General Standards), § 14-802 (Motor Vehicle Parking Ratios), § 14-803 (Motor Vehicle Parking Standards), except for § 14-803(4) (Parking Design Standards) and § 14-803(5) (Parking Landscape and Screening), § 14-804 (Bicycle Parking Ratios and Standards) § 14-805 (Drive-Throughs and Vehicle Stacking Areas), and § 14-806 (Off-Street Loading); and
(.h) Any approved master plan, as applicable.
(.2) The issuance of a conditional zoning approval does not imply that the application does or will be able to comply with the provisions of the Zoning Code that are not included in the conditional zoning approval review nor does it obligate the City to approve a zoning permit or to grant any variance required to permit development consistent with the conditional zoning approval.
(.3) L&I's decision on an application for a conditional zoning permit is a final decision that may be appealed to the Zoning Board pursuant to the provisions of § 14-303(15) (Appeals). 186
(.4) Following the issuance of a conditional zoning approval, the applicant shall attach the conditional zoning approval to the subsequent zoning permit application. L&I shall issue a zoning permit if the application is consistent with the conditional zoning approval and complies with all provisions of this Zoning Code. L&I shall not issue a zoning permit if the application varies from the approved conditional zoning approval, but shall instead review the application through a one-stage process.
(.5) If a conditional zoning approval is subject to the Civic Design Review Process in § 14-304(5) (Civic Design Review), that process (and the related neighborhood notice and meetings required under § 14-303(12) (Neighborhood Notice and Meetings)) shall be completed prior to the issuance of the zoning permit. At the applicant's option, the applicant may initiate and complete Civic Design Review before or after the issuance of the conditional zoning permit. If the Civic Design Review Process is completed prior to the issuance of the conditional zoning approval, it need not be repeated as part of the subsequent zoning permit review.
(d) Criteria for Approval.
(.1) Except as provided in § 14-303(6)(d)(.2) below, L&I shall approve the application only if it determines that it complies with the following criteria.
(.a) The application complies with all provisions of the Zoning Code applicable to the conditional zoning approval or zoning permit included in the application and is consistent with the terms of all variances, permits, certificates, special exceptions, or provisos previously issued by the Zoning Board for the uses, structures, and property involved in the application.
(.b) If a variance, permit, certificate, special exception, or proviso previously issued by the Zoning Board conflicts with the provisions of this Zoning Code, the previously issued variance, permit, certificate, special exception, or proviso shall govern.
(.c) If the application is in a master plan district listed in Table 14-304-1 (Master Plan Districts), the Commission shall review the application and accompanying plans and determine that the proposed development is consistent with the approved master plan.
(.2) If the application is for (a) "reasonable accommodation" under the federal Fair Housing Act Amendments of 1988 (42 U.S.C. §§ 3601 et seq.) or (b) a site or structure modification required to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.), approval of such application shall permit the least modification of this Zoning Code that will accommodate the proposed structure or facility, if required by federal law.
(.3) No zoning or use registration permit shall be issued if the applicant is delinquent in the payment of any City or School District of Philadelphia taxes, charges, fees, rents or claims, or any penalties or fines related to the applicant's business for which the applicant is responsible, unless the applicant has entered into an agreement to pay any such delinquency and is abiding by the terms of such agreement. Compliance is required by the person or business required to obtain the license or permit. Proof of compliance by submission of a Tax Clearance Certificate, as defined in Section 9-101, shall be required prior to issuance of any permit. 187
(e) Action by L&I.
L&I shall review each application under this section and shall approve or deny the application pursuant to the criteria in § 14-303(6)(d) (Criteria for Approval). L&I is authorized to list additional requirements not already stated on an application that are necessary to bring the application into compliance with this Zoning Code.
(.1) Posting of Permits on the Subject Property.
Within five (5) business days of receipt of any permit under this Zoning Code, including any conditional zoning permit, the permit holder shall post a true copy of the permit on the subject property, along each street frontage (unless impractical) in a place and manner conspicuous to the public, for no less than thirty (30) days.
(.2) Written Notice of Conditional Zoning Permits.
If the City has listed the street address or an email address for one or more Registered Community Organizations, as defined in § 14-303(11A) 189 (Registered Community Organizations), on a City website page that lists all Registered Community Organizations, then a holder of a conditional zoning permit shall provide written notice to any Registered Community Organization whose registered boundaries include the subject property. Notice shall be sent via hand delivery or certified mail to the street address, or via email to the email address, of any such Registered Community Organization listed on such City website page within fifteen (15) days of receipt of the conditional zoning permit. A written notice containing the address of the subject property and a copy of the conditional zoning permit shall meet the notice obligation required hereby.
No later than 5:00 p.m. of the next business day following the date of issuance of any as of right zoning permit, L&I shall:
(.a) post the zoning permit on its official website, in searchable format, by date of issuance, name of permit holder, address of permitted property, zip code, and council district; and
(.b) Send by email to all Registered Community Organizations and all councilmembers a notification of the zoning permit that includes the date of issuance, the name of the permit holder, and the address, zip code, and council district of the permitted property.
(.1) L&I shall determine whether a substantially similar application for the same property was finally denied or dismissed by the Zoning Board or a court within two years prior to the date of the application, or whether an appeal is pending (either before the Zoning Board or before a court) of the denial or dismissal of a substantially similar application. If such a determination is made and if the application is not one that L&I may grant as of right under this Zoning Code, then L&I shall deny the application and note on the application "Denied – Two Year Rule". 191
(.2) The issuance of a refusal or referral denoted, "Denied – Two Year Rule", may be appealed to the Zoning Board. On such an appeal, the Zoning Board shall hold a hearing limited to two issues: (i) whether L&I properly applied the Two Year Rule; and (ii) whether, because of materially changed circumstances, the application should be considered notwithstanding the Two Year Rule. Following a public hearing pursuant to § 14-303(14) (Public Hearings) the Zoning Board shall make a decision limited to those two issues.
(.3) If the Zoning Board's decision is that the application should not be denied on the basis of the Two Year Rule, then the Zoning Board shall consider the appeal on the merits in accordance with its usual procedures, including the holding of an additional hearing in accordance with § 14-303(14) (Public Hearings) for which posting notice of the additional hearing shall be required in accordance with § 14-303(13)(c)(.3)(.b) (Continued Hearing) and applicable Zoning Board regulations, but for which no additional fee shall be imposed.
(.4) The failure of L&I to deny an application on the basis of the Two Year Rule may be raised by any affected party in an appeal from L&I's issuance of a permit or in an appeal to the Zoning Board from L&I's refusal to issue a permit for reasons other than application of the Two Year Rule.
(7) Special Exception Approval.
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(a) Applicability.
The procedures of this subsection apply to all applications for uses authorized by special exception.
(b) Referral by L&I.
Once a use application has been filed with L&I, and L&I confirms that the use is subject to the special exception approval procedures of this § 14-303(7) (Special Exception Approval) and L&I provides a referral to the applicant, the applicant has 30 days to file an appeal to the Zoning Board for special exception approval.
(c) Review by the Commission.
The Commission shall review each application for a special exception and shall make a recommendation to the Zoning Board as to whether the application meets the criteria for a special exception listed in § 14-303(7)(e) (Criteria for Review and Action by the Zoning Board) and all applicable requirements for the proposed use, including any use-specific standards in § 14-603 (Use-Specific Standards).
(d) Hearing and Action by the Zoning Board.
Following the filing with the Zoning Board of an application for a special exception, the applicant shall provide public notice in accordance with § 14-303(13) (Public Notice), and the Zoning Board shall hold a public hearing pursuant to § 14-303(14) (Public Hearings). The applicant shall also notify any Registered Community Organization(s) of the application for a special exception and meet with such Registered Community Organization(s) in accordance with § 14-303(12) (Neighborhood Notice and Meetings). The Zoning Board may approve, approve with conditions, consistent with § 14-303(9) (Conditions on Approvals), or disapprove the application.
The Zoning Board must approve, or approve with conditions, the application for a special exception if it determines that the criteria in § 14-303(7)(e)(.1) and § 14-303(7)(e)(.2) below have been met, unless the Zoning Board finds that the objectors, if any, satisfied the criteria in § 14-303(7)(e)(.3). The Zoning Board shall, in writing, set forth each required finding for each special exception that is granted, set forth each finding that is not satisfied for each special exception that is denied, and to the extent that a specific finding is not relevant to the decision, shall so state. The Zoning Board shall file with each decision approving a special exception any Project Information Form prepared by the applicant pursuant to Section 18-503, but need not attach the Form to the decision; filing of the Form shall not constitute incorporation of its contents into the decision and those contents shall not be binding.
(.1) Specific Conditions of Use.
The applicant shall have the initial duty of presenting evidence, and the burden of proof, that the proposed use meets the definition for a use permitted by special exception, that all dimensional standards are satisfied, and that the application complies with all the criteria and meets all the conditions applicable to the proposed use, including all applicable use-specific standards in § 14-603 (Use-Specific Standards).
(.2) Specific Detrimental Impacts on the Neighborhood.
The applicant shall have the initial duty of presenting objective evidence, and the burden of proof, that the grant of a special exception will not cause the following specific detrimental impacts to the neighborhood beyond that which normally might be expected from the proposed use:
(.a) Congestion in the public streets or transportation systems;
(.b) Overcrowding the land;
(.c) Impairing an adequate supply of light and air to adjacent property;
(.d) Burdening water, sewer, school, park, or other public facilities;
(.e) Impairing or permanently injuring the use of adjacent conforming properties;
(.f) Endangering the public health or safety by fire or other means; or
(.g) Inconsistency with the Comprehensive Plan of the City.
(.3) General Detrimental Impacts on the Neighborhood.
Once the applicant meets such initial duty and burden of proof, the objectors, if any, shall have the duty of presenting objective evidence, and the burden of proof, that the proposed use is substantially likely to cause a detrimental impact on the health, safety, and welfare of the neighborhood exceeding that which normally might be expected from the proposed use. The objectors also may present evidence, and have the burden of proof, that the proposed use fails to conform with the purpose, spirit, and intent of this Zoning Code.
(8) Zoning Variances.
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(a) Applicability.
The procedures of this subsection apply to all applications for a variance from the terms of this Zoning Code as they affect a specific lot, but not including applications for (a) waivers from the subdivision standards, which are not subject to Zoning Board review and which are addressed in § 14-304(7)(h) (Waiver of Subdivision Standards), and (b) variations from the historic preservation regulations, which are not subject to Zoning Board review and which are addressed in Chapter 14-1000 (Historic Preservation).
(b) Refusal by L&I.
Once a zoning permit application has been filed with L&I, and L&I confirms that the application does not comply with one or more provisions of the Zoning Code and provides a refusal to the applicant, the applicant has 30 days to file an appeal to the Zoning Board for variance approval.
(c) Review by the Commission.
The Commission shall review each application for a variance and shall make a recommendation to the Zoning Board as to whether the application meets the general criteria for a variance listed in § 14-303(8)(e) (Criteria for Approval) as well as any specific criteria in §§ 14-303(8)(f) (Additional Criteria for Floodplain Variances) through 14-303(8)(h) (Additional Criteria for Height Variances Near the Airport) applicable to the type of use or facility for which the variance request is made.
(d) Hearing Before the Zoning Board.
Following the filing with the Zoning Board of an application for a variance, the applicant shall provide public notice in accordance with § 14-303(13) (Public Notice), and the Zoning Board shall hold a public hearing pursuant to § 14-303(14) (Public Hearings). The applicant shall also notify any Registered Community Organizations of the application for a variance and meet with such Registered Community Organization(s) in accordance with § 14-303(12) (Neighborhood Notice and Meetings).
(e) Criteria for Approval.
The Zoning Board shall grant a variance only if it determines that the applicant has demonstrated that the criteria of this § 14-303(8)(e) (Criteria for Approval) have been met and that any applicable criteria in §§ 14-303(8)(f) (Additional Criteria for Floodplain Variances) through 14-303(8)(h) (Additional Criteria for Height Variances Near the Airport) have been met. Otherwise, the Zoning Board shall deny the variance.
The Zoning Board may grant a lesser variance than requested, and may attach such reasonable conditions and safeguards as it may deem necessary to implement this Zoning Code, including without limitation a limitation on the size or duration of the variance, consistent with § 14-303(9) (Conditions on Approvals). The Zoning Board shall, in writing, set forth each required finding for each variance that is granted, set forth each finding that is not satisfied for each variance that is denied, and to the extent that a specific finding is not relevant to the decision, shall so state. The Zoning Board shall file with each decision approving a variance any Project Information Form prepared by the applicant pursuant to Section 18-503, but need not attach the Form to the decision; filing of the Form shall not constitute incorporation of its contents into the decision and those contents shall not be binding. Each finding shall be supported by substantial evidence. If the Zoning Board chooses to view the subject property as part of the hearing, the Zoning Board must provide due process. Reports of other City agencies made as a result of inquiry by the Zoning Board shall not be considered hearsay. Upon request of any party, the Zoning Board may compel the attendance of the City agency. The Zoning Board shall grant a variance only if it finds each of the following criteria are satisfied:
(.a) The denial of the variance would result in an unnecessary hardship. The applicant shall demonstrate that the unnecessary hardship was not created by the applicant and that the criteria set forth in § 14-303(8)(e)(.2) (Use Variances) below, in the case of use variances, or the criteria set forth in § 14-303(8)(e)(.3) (Dimensional Variances) below, in the case of dimensional variances, have been satisfied;
(.b) The variance, whether use or dimensional, if authorized will represent the minimum variance that will afford relief and will represent the least modification possible of the use or dimensional regulation in issue; 194
(.c) The grant of the variance will be in harmony with the purpose and spirit of this Zoning Code;
(.d) The grant of the variance will not substantially increase congestion in the public streets, increase the danger of fire, or otherwise endanger the public health, safety, or general welfare;
(.e) The variance will not substantially or permanently injure the appropriate use of adjacent conforming property or impair an adequate supply of light and air to adjacent conforming property;
(.f) The grant of the variance will not adversely affect transportation or unduly burden water, sewer, school, park, or other public facilities;
(.g) The grant of the variance will not adversely and substantially affect the implementation of any adopted plan for the area where the property is located; and
(.h) The grant of the variance will not create any significant environmental damage, pollution, erosion, or siltation, and will not significantly increase the danger of flooding either during or after construction, and the applicant will take measures to minimize environmental damage during any construction.
(.2) Use Variances.
To find an unnecessary hardship in the case of a use variance, the Zoning Board must make all of the following findings:
(.a) That there are unique physical circumstances or conditions (such as irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions) peculiar to the property, and that the unnecessary hardship is due to such conditions and not to circumstances or conditions generally created by the provisions of this Zoning Code in the area or zoning district where the property is located;
(.b) That because of those physical circumstances or conditions, there is no possibility that the property can be used in strict conformity with the provisions of this Zoning Code and that the authorization of a variance is therefore necessary to enable the viable economic use of the property;
(.c) That the use variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
(.d) That the hardship cannot be cured by the grant of a dimensional variance.
(.3) Dimensional Variances.
To find an unnecessary hardship in the case of a dimensional variance, the Zoning Board may consider the economic detriment to the applicant if the variance is denied, the financial burden created by any work necessary to bring the building into strict compliance with the zoning requirements and the characteristics of the surrounding neighborhood.
(f) Additional Criteria for Floodplain Variances.
(.1) Any requested variance for property located within the Floodway will not result in any increase in flood levels during the Regulatory Flood.
(.2) Any requested variance for property located within the Special Flood Hazard Area will not significantly increase the danger of flooding; and will not increase the likelihood of the loss of property.
(.3) Any variance in either the Floodway or Special Flood Hazard Area involves the least modification of floodplain controls necessary to allow the proposed development to proceed.
(.4) For any property located in the Floodway, no variance shall be granted that would allow construction or substantial improvement of any structure:
(.a) used for the production or storage of: acetone; ammonia; benzene; calcium carbide; carbon disulfide; celluloid; chlorine; hydrochloric acid; hydrocyanic acid; magnesium; nitric acid and oxides of nitrogen; petroleum products (gasoline, fuel oil, and the like); phosphorus; potassium; sodium; sulphur and sulphur products; pesticides (including insecticides, fungicides, and rodenticides);
(.b) used for any activity requiring the maintenance of a supply of any of the materials listed in § 14-303(8)(f)(.4)(.a) in excess of 550 gallons or an equivalent volume; or
(.c) used for any purpose involving the production, storage, or use of any amount of radioactive substance.
(.5) Within the Special Flood Hazard Area, no variance shall be granted that would allow construction or substantial improvement of any of the following unless it is elevated or floodproofed to remain completely dry to one and one-half ft. above the Regulatory Flood Elevation:
(.a) any structure used for the production or storage of: acetone; ammonia; benzene; calcium carbide; carbon disulfide; celluloid; chlorine; hydrochloric acid; hydrocyanic acid; magnesium; nitric acid and oxides of nitrogen; petroleum products (gasoline, fuel oil, and the like); phosphorus; potassium; sodium; sulphur and sulphur products; pesticides (including insecticides, fungicides, and rodenticides);
(.b) any structure used for any activity requiring the maintenance of a supply of any of the materials listed in § 14-303(8)(f)(.5)(.a) in excess of 550 gallons or an equivalent volume; or
(.c) any structure used for any purpose involving the production, storage, or use of any amount of radioactive substance.
(g) Additional Criteria for Wireless Service Towers.
In granting a variance relating to the construction of wireless service towers, the Zoning Board shall consider all of the following criteria in addition to those in § 14-303(8)(e) (Criteria for Approval).
(.1) Evidence of the lack of space on suitable existing towers, buildings, or other structures to co- locate the proposed antenna, cells, microcells and the lack of space on existing tower sites to construct a tower for the proposed antenna within the service area;
(.2) Whether the wireless service provider will be unable to provide wireless services without the tower site;
(.3) Whether the application represents a request for multiple use of a tower or site, or use on a site contiguous to an existing tower site;
(.4) Whether the application contains a report that other potential users of the site and tower have been contacted, and they have no current plans, to the best of their ability to determine, that could be fulfilled by joint use;
(.5) Whether the application shows how the tower or site will be designated or laid out to accommodate future multiple users. Specific design features evaluated shall include but not be limited to height, wind loading, and coaxial cable capacity; and
(.6) Whether the proposed tower is to be located in an area where it would be unobtrusive and would not substantially detract from aesthetic or neighborhood character or property values, due either to location, shape of the tower (such as an imitation pine tree tower) or to the nature of surrounding uses (such as industrial use), or to lack of visibility caused by natural growth, landscape area, or other factors.
(.7) Anything in this § 14-303(8) (Zoning Variances) to the contrary notwithstanding, for purposes of wireless service towers only, hardship sufficient for the granting of a variance shall include the effect upon the applicant's ability to provide wireless service.
(h) Additional Criteria for Height Variances Near the Airport.
Where all or part of the property is located in the /AHC, Airport Hazard Control Overlay district, the Zoning Board shall only approve a variance from those height controls in the /AHC overlay district pursuant to the procedures and standards of § 14-511(5) (Variances).
Where any earth disturbance will occur on a slope of twenty-five percent (25%) or greater, the Zoning Board shall approve a variance only if the applicant demonstrates that the application meets the following criteria, as certified by a Pennsylvania Licensed Professional Engineer, in addition to those in § 14-303(8)(e) (Criteria for Approval). Water Department prerequisite approvals shall not signify the evaluation or acceptance of the listed criteria herein.
(.1) Any requested variance for the property will not result in any of the following:
(.a) An increase in stormwater runoff;
(.b) The shifting of earth to adjacent existing buildings and structures down slope or immediately upslope; or
(.c) An increase in the likelihood of the loss of property.
(.2) The applicant submits an earth moving plan that meets the standards described in § 14-704(2)(c) (Earth Moving Plans) and that shows the extent of the proposed earth disturbance area.
Where all or part of the property is located in the /HHC, Heliport Hazard Control Overlay district, the Zoning Board shall only approve a variance from those height controls in the /HHC overlay district pursuant to the procedures and standards of § 14-531(5) (Variances).
Where all or part of the property is located in the /MIN, Mixed Income Neighborhoods Overlay District, the Zoning Board shall not approve a variance from use regulations listed in § 14-533(3)(a) and § 14-533(3)(b) unless failure to do so would constitute a taking under Fifth Amendment of the United States Constitution.
(9) Conditions on Approvals.
(a) The Zoning Board is authorized to impose and the Commission is authorized to recommend conditions on approvals that they determine are necessary to:
(.1) Bring the application into compliance with the requirements of this Zoning Code or any previously adopted master plan for the property; or
(.2) Prevent or minimize adverse effects upon surrounding areas or upon public facilities and services that are caused by the proposed special exception, variance, or other approval required by this Zoning Code. All conditions imposed shall be reasonably related to the anticipated adverse impacts of the proposed special exception, variance, or other approval required by this Zoning Code; or
(.3) Secure compliance with affordable housing commitments, made by applicants with project applications before the Zoning Board that include a residential component, to price at least ten percent (10%) of dwelling units in accordance with the minimum Area Median Income (AMI) thresholds for either moderate income rental units set forth at subsection 14-702(7)(a)(.1) or low income rental units set forth at subsection 14-702(7)(a)(.2), as applicable, for a term of not less than 50 years. Prior to conditioning application approval on affordable housing development, the Zoning Board shall receive written evidence from the applicant or the Coordinating RCO that the applicant considered an affordable housing commitment as part of the proposed application. Conditions on approval pursuant to this subsection may not be imposed on an application if the applicant provides evidence of an agreement with the Pennsylvania Housing Finance Agency or the United States Department of Housing and Urban Development to provide affordable housing in connection with the project subject to approval.
(b) Any conditions on a special exception, variance, or other approval required by this Zoning Code shall be listed in or attached to the approval document and expressly identified as a condition. Any violation of an approved condition shall be a violation of this Zoning Code enforceable pursuant to Section 14-306, or with respect to subsection 14-303(9)(a)(.3) by the Department of Planning and Development or such other entity as the Mayor may designate.
(10) Lapse of Permits and Approvals.
(a) Except as specifically stated in any other section of this Zoning Code, an approval or permit granted under this Zoning Code, including approvals by the Historical Commission pursuant to § 14-1005 (Regulation), shall expire if construction or operation pursuant to the permit or approval has not begun within three years after the date the permit or approval was granted.
(b) As exceptions to § 14-303(10)(a) above:
(.1) A conditional zoning approval (see § 14-303(6)(c) (Optional Conditional Zoning Approval Process)) shall be valid for a period of one year after the date the Conditional Zoning Approval was granted; and
(.2) Use registration permits shall be valid for a period of six months unless an application for a Certificate of Occupancy is submitted for that use within such period.
(c) If a permit expires, an applicant may apply for a new permit, and the application will be subject to all provisions as if the original permit had never been issued.
(d) Unless otherwise required by state law, the agency or department that granted the original approval may renew or extend the effective time of a previous approval a maximum of one time for a maximum of up to one year if the required findings or criteria for that approval remain valid.
(e) Any use authorized by the Zoning Board by variance or special exception, when discontinued for a period of three consecutive years, shall be considered abandoned and shall not resume unless a new permit is issued, either as of right under then-existing Zoning Code provisions or by a new variance or special exception. A discontinuation of such a use may be evidenced by any one of the following: 198
(.1) Discontinuance of operations;
(.2) Removal of improvements necessary to the use;
(.3) Modifications to the property that make it unsuitable for the use;
(.4) Lapsing of permits or licenses necessary to operate the use; or
(.5) Failure to pay property taxes or taxes related to the use.
(11) Inactive Applications.
If L&I requests additional information regarding any application, and the applicant does not respond, or if L&I issues a permit and the applicant does not pick up the permit, the application will be treated as inactive. The definition of inactive applications and specific timeframes and rules regarding their disposition are found in Title 4, Subcode "A" (The Philadelphia Administrative Code) at Section A-301.
(11A) Registered Community Organizations.
An organization that seeks recognition as a Registered Community Organization ("RCO") for purposes of § 14-303(12) ("Neighborhood Notice and Meetings") must first register with the Commission in accordance with the provisions of this § 14-303(11A).
(a) The Commission will only register an organization as an RCO if the organization:
(.1) Is a volunteer organization, a Pennsylvania nonprofit corporation, an unincorporated association, a Pennsylvania municipal authority that either serves as a Neighborhood Improvement District Management Association or is itself a Special Services District, or a political committee that represents the members of a political party within a ward (such Pennsylvania municipal authorities are not required to satisfy any additional requirements set forth in subsections (.2) through (.7) of this subsection (a); and such ward political committees are not required to satisfy the requirements set forth in subsections (.2), (.3) or (.7), and must only satisfy the requirements of subsections (.4), (.5) and (.6) with respect to meetings relating to zoning matters); 200
(.2) Has adopted a statement of purpose for the organization concerning land use, zoning, or similar subject;
(.3) Has a geographic area of concern that encompasses no more than twenty-thousand (20,000) parcels, except that parcels under the jurisdiction of DPR shall not be counted as parcels for the purposes of this subsection;
(.4) Has registered boundaries that are consistent with the geographic boundaries set forth in the organization's governing rules;
(.5) Conducts open meetings on a regularly scheduled basis;
(.6) Publicly announces its meetings through media such as flyers, newsletters, newspaper notice, or electronic or social media; and
(.7) An organizational membership open to residents, property owners, business owners or operators, and/or tenants from the organization's geographic area of concern, which elects leadership on a routinely scheduled basis. 201
(.a) RCO leadership, which can include board members, associating committee members, conveners, those that may function as decision makers, and/or anyone acting in an official capacity representing a RCO, must be full-time permanent residents whose primary address is within the boundaries of the RCO. This provision only applies to the 8th councilmanic district. 201.1
(b) An organization shall file a registration request with the Commission on a form provided by the Commission, which shall include the following:
(.1) The organization's official name and address;
(.2) The name of a contact person;
(.3) The name of a person designated to participate in the Civic Design Review process, if applicable;
(.4) The boundaries of the organization's geographic area of concern. The boundaries of a municipal authority that serves as a Neighborhood Improvement District Management Association shall be considered to be the boundaries of the Neighborhood Improvement District; the boundaries of a municipal authority that is itself a Special Services District shall be considered to be the boundaries of the Special Services District; and the boundaries of a ward political committee shall be considered to be the boundaries of the ward;
(.5) Whether the organization wishes to be notified of applications in its geographic area of concern electronically or by mail;
(.6) The address of the location at which the organization routinely conducts meetings, provided that if the organization does not have a location at which it routinely conducts meetings, the organization shall indicate that meetings are not held at a routine location within the boundaries of the organization's geographic area of concern; and
(.7) Such other information as may be required by the regulations of the Commission.
(c) After review of a registration request form, the Commission shall register an organization as an RCO if it finds that the organization meets the requirements of subsection (a). The Commission shall notify an organization whether its registration request has been granted. If the organization's request has been denied, the Commission must clearly state, in written form, the reason for such denial. The denial of an application shall not preclude an organization from reapplying during the next or any subsequent registration period.
(d) The registration of an organization as an RCO shall remain valid for two years. An RCO may re- register with the Commission for additional two year periods, on re-registration forms provided by the Commission.
(e) An RCO must promptly inform the Commission of any changes to the information provided on a registration or re-registration request form.
(f) Once an organization has been registered by the Commission as a Registered Community Organization, The Director of Finance is authorized to provide funding to help offset the cost of Directors and Officers Insurance premiums attributable to the threat of Strategic Lawsuits Against Public Participation (SLAPPs) for qualified Registered Community Organizations. The Director of Finance shall submit a report to the Council President and the Chief Clerk of City Council concerning the distribution of any such funds over the course of the previous fiscal year at the time of the annual submission of the proposed operating budget to the Council. 202
The Director of Finance shall establish a fund to be used by Registered Community Organizations to obtain legal representation for hearings or appeals before the Zoning Board of Adjustments.
The Commission is authorized to promulgate regulations to implement the provisions of this subsection (11A). These regulations may include guidelines concerning operations by Registered Community Organizations that constitute an RCO Code of Conduct; and may include guidelines concerning the disbursement of supporting funds towards the costs of Directors and Officers Insurance premiums. Failure to operate within these guidelines may result in the temporary or permanent suspension of organizations from the RCO registry, as outlined by the regulations of the Commission.
(12) Neighborhood Notice and Meetings.
This subsection (12) applies to applications that:
(.1) Require Zoning Board approval of a special exception under § 14-303(7) (Special Exception Approval);
(.2) Require Zoning Board approval of a zoning variance under § 14-303(8) (Zoning Variances);
(.3) Meet the requirements for Civic Design Review in § 14-304(5) (Civic Design Review); or
Within seven days after an appeal has been filed with the Zoning Board for approval of a special exception or variance, after the Commission has received a request for review of a building permit pursuant to the provisions of § 14-504(3)(b)(.2), or after the notification by L&I to an applicant that an application will require review under the Civic Design Review Process, the Commission shall provide notice to the applicant, with a copy to each RCO whose registered boundaries include the applicant's property and to the district councilmember whose district includes the applicant's property, of
(.1) The requirements of this subsection (12);
(.2) Contact information for each Registered Community Organization ("RCO") whose registered boundaries include the applicant's property, and the name of the RCO or RCOs that will serve as the "Coordinating RCO" for the application, selected as follows:
(.a) If there is only one RCO whose registered boundaries include the applicant's property, that RCO shall be the Coordinating RCO.
(.b) If there is more than one RCO whose registered boundaries include the applicant's property, the district councilmember whose district includes the applicant's property shall select one of those RCOs as the Coordinating RCO, or may select two or more RCOs whose registered boundaries include the applicant's property to serve jointly as the Coordinating RCO.
(.c) If there is no RCO whose registered boundaries include the applicant's property, then the district councilmember or an organization designated by that district councilmember shall serve as the Coordinating RCO.
(.d) The Commission shall promptly advise the district councilmember of the need to select a Coordinating RCO under subsection (.b) or (.c), and shall not send notice under this section until it has received the district councilmember's selection. However, if the time for providing notice is about to expire before the Commission receives such selection, the Commission shall select a Coordinating RCO from among the RCOs whose registered boundaries include the applicant's property (or, if subsection (.c) is at issue, shall select the district councilmember as the Coordinating RCO), and shall include in the notice the fact that the Coordinating RCO was designated by the Commission.
(.3) Contact information for the district councilmember whose district includes the applicant's property; and
(.4) A list of properties that the applicant will need to notify under subsection (d), as follows: 208
(.a) Every property any portion of which is within 250 ft. of any portion of the applicant's property, and
(.b) Every property on the same blockface as the primary frontage of the applicant's property or on the opposite blockface from the primary frontage of the applicant's property. For purposes of this subsection (.4), properties on the same or opposite blockface shall mean those properties that have an address which shares a common hundred of numbers with the subject property, according to the Office of Property Assessment's property information.
(.5) A copy of the notice of appeal or request for review (as applicable) and any attachments, including any Project Information Form required pursuant to Chapter 18-500 ("Project Information Forms"). 209
(c) Additional Electronic Notice from the Commission.
(.1) The Commission shall provide an electronic copy of the notice it provides to applicants under subsection (b) to any organization that requests such notice and provides the Commission with an email address to which such notices can be sent.
(d) Initial Notice from the Applicant to RCOs and Others.
(.1) Except for building permits to be reviewed by the Commission pursuant to the provisions of § 14-504(3)(b)(.2), the Department shall provide each applicant with an orange sign consisting of corrugated plastic and measuring approximately 4 sq. ft. that shall be posted by the applicant and placed on the property that is subject to the approval, review, or variance being sought, according to the same sign number and location requirements as § 14-303(13)(c)(.2). This sign shall include the following information: 210
(.a) The phrase "ZONING NOTICE: THERE WILL BE A PUBLIC HEARING REGARDING THIS PROPERTY. FOR MORE INFORMATION:".
(.b) The telephone number of the Zoning Board of Adjustment.
(.c) The L&I zoning appeals website.
(.2) Within twenty days after receiving the notice provided by the Commission under subsection (b), an applicant must provide written notice of its application to: 211
(.a) Each RCO whose boundaries include the applicant's property, as set forth in the notice provided by the Commission under subsection (b);
(.b) The district councilmember whose district includes the applicant's property;
(.c) The owner, managing agent or other responsible person at every property on the list provided to the applicant by the Commission under subsection (b). Notice under this subsection (.c) shall be sent by regular mail; 212
(.d) The Commission;
(.e) The Zoning Board or Civic Design Review Committee, as applicable;
(.f) Director of Commerce in cases involving property that is in a district classified as an Industrial or Industrial Mixed-Use District; and
(.g) The agency responsible for administering Chapter 18-500 ("Project Information Forms"), for projects that require a Project Information Form pursuant to such Chapter. 213
(.3) The notice required by this subsection (d) shall contain the following: 214
(.b) The name and contact information of all RCOs and the name of the Coordinating RCO, as listed in the notice provided by the Commission under subsection (b);
(.c) The location where copies of the application and any related information submitted by the applicant can be obtained;
(.d) A description of the property involved by general vicinity, street address, size, and nearest cross street, and the zoning district in which the property is located; and, in the case of appeals to the Zoning Board, a copy of the refusal/referral issued by the Department of Licenses and instructions for the application for proposed variance or special exception; 216
(.e) The address of the property listed on the application for the proposed variance or special exception; 217
(.f) The date, time and place of the public meeting to be convened by the Coordinating RCO to discuss the application, but if the Coordinating RCO has not yet set the date, time and place of such public meeting, then the applicant shall instead include the following statement: "THE APPLICANT AND THE COORDINATING RCO HAVE NOT YET SET THE DATE, TIME AND PLACE OF A PUBLIC MEETING. THE MEETING TO DISCUSS THIS PROPOSAL WILL BE CONVENED BY THE COORDINATING RCO. ANOTHER LETTER WILL BE SENT VIA REGULAR MAIL INFORMING YOU OF THE DATE, TIME, LOCATION, AND COORDINATING RCO HOLDING THE MEETING."; 218
(.g) The following statement: "IF YOU HAVE RECEIVED THIS NOTICE AS THE OWNER, MANAGING AGENT, OR OTHER RESPONSIBLE PERSON AT A MULTI-UNIT BUILDING, YOU ARE REQUESTED TO POST THIS NOTICE AT A PROMINENT PLACE IN A COMMON AREA OF YOUR BUILDING."
(.h) The name and contact information of the district councilperson; and
(.i) Any additional information required by L&I, the Zoning Board, or the Commission for the proposed application.
(.4) If the written notice sent out by the applicant under subsection (12)(d)(.3)(.f) includes the date, time, and location of the public meeting then the applicant shall procure and maintain proof of mailing by means of a cancelled Certificate of Mailing obtained from the United States Postal Service. 219
(e) Neighborhood Meeting and Documentation Requirements.
(.1) After receiving notice from the applicant under subsection (d), the Coordinating RCO, after consultation with the applicant and all other Registered Community Organizations whose registered geographical boundaries include the applicant's property, shall set the time, date and place of a public meeting to discuss the applicant's proposal, and shall notify the applicant and all other Registered Community Organizations whose registered geographical boundaries include the applicant's property of those details. The meeting shall be scheduled for a date that is within 45 days after the applicant filed the appeal to the Zoning Board for approval of a special exception or variance, after the Commission has received a request for review of a building permit pursuant to the provisions of § 14-504(3)(b)(.2), or after the applicant has been notified by L&I that an application will require review under the Civic Design Review Process, as applicable. 220
(.a) If the date, time, and location of the public meeting was not included in the initial written notice under subsection (12)(d), then within three business days of receiving confirmation of the date of the public meeting by the Coordinating RCO under § 14-303(12)(b) the applicant shall provide written notice of the public meeting via regular mail to: 221
(i) The coordinating RCO;
(ii) Each RCO whose boundaries include the applicant's property, as set forth in the notice provided by the Commission under § 14-303(12)(b);
(iii) The district councilmember whose district includes the applicant's property;
(iv) The owner, managing agent or other responsible person at every property on the list provided to the applicant by the Commission under § 14-303(12)(b); and
(v) The Commission.
The applicant shall procure and maintain proof of mailing by means of a cancelled Certificate of Mailing obtained from the United States Postal Service.
(.b) With respect to projects that are subject to Civic Design Review: No later than two business days prior to the scheduled date of the meeting, the applicant shall provide to all of the parties listed in subsection (d)(.1), above (pertaining to Initial Notice from the Applicant to RCOs and Others), a copy of any Project Information Form required by Section 18-503; provided, however, that, in the event a meeting in full compliance with subsection (e) takes place prior to the required notification by L&I that an application will require review under the Civic Design Review Process, the applicant shall provide such Form at or before such meeting or as expeditiously as possible thereafter. The Commission shall strongly encourage applicants proceeding with Civic Design Review under § 14-304(5)(b)(.3) (Optional Review) to comply with this subsection (12) and Section 18-503. 222
(.2) The Coordinating RCO shall convene the public meeting at the scheduled time, date and place. The applicant or a representative of the applicant must attend the meeting. In addition to that public meeting, the district councilmember whose district includes the subject property may convene additional meetings.
(.3) The Coordinating RCO must provide to the Zoning Board or Civic Design Review Committee, as applicable, to the Commission, and to the district councilmember whose district includes the subject property, written documentation of the public meeting; or, if no meeting was held within the required 45-day timeframe, written documentation of the efforts made to schedule the meeting with the applicant.
(.4) After the public meeting has been held, the Coordinating RCO shall prepare a meeting summary form, documenting any and all actions taken at the meeting. The Coordinating RCO shall provide a copy of the form to the Commission and to the district councilmember whose district includes the subject property. The Commission shall make the meeting summary form available to the public, upon request. The Commission shall notify an RCO if it fails to submit such documentation, and after an RCO fails to submit such documentation as required with respect to two public meetings, a third failure to submit such documentation shall result in the RCO losing RCO status for a period of one year.
(.5) Neither the Zoning Board nor the Civic Design Review Committee nor the Commission shall conduct any public meetings on an application until the earlier of: (i) the applicant and the Coordinating RCO have completed all actions required by subsection (d), above, and by this subsection (e); or (ii) 45 days have elapsed since the applicant filed the appeal to the Zoning Board or was notified by L&I that the application required review under the Civic Design Review Process, or since the Commission has received a request for review of a building permit pursuant to the provisions of § 14-504(3)(b)(.2), as applicable, except that if an applicant fails to provide the notice required by subsection (d), then such 45 day period shall be measured from the date the required notice is in fact provided. 223
(f) If an application requires both Civic Design Review and Zoning Board approval, the applicant is required to comply with the requirements of this subsection (12) only once. A second meeting is not required following Civic Design Review and before action by the Zoning Board.
The Commission is authorized to promulgate regulations to implement the provisions of this subsection (12) and other provisions of this § 14-303 (Common Procedures and Requirements) relevant to the neighborhood notice and meetings process, provided that these regulations do not conflict with any provision of this Zoning Code.
(13) Public Notice.
(a) Required Notices and Responsibilities.
(.1) Each applicant for a special exception or variance approval shall provide sign notice that satisfies the requirements of § 14-303(13)(c) (Sign Notice) below and § 14-303(5). In the event that L&I, the Zoning Board, or Commission provides an applicant with a template for the required sign notice that contains inaccurate information or that does not provide all of the information required by this subsection, it shall be the responsibility of the applicant to ensure that the posted sign notice is accurate and complete. 225
(.2) The Commission shall provide web notice that satisfies the requirements of § 14-303(13)(e) (Web Notice) for any public meeting of the Commission on a zoning ordinance, any Minor Amendment to a Master Plan or Civic Design Review meeting. 226
(.3) City Council shall provide newspaper notice that satisfies the requirements of § 14-303(13)(d) (Newspaper Notice) below for any zoning map amendment, zoning text amendment, or major amendment to a master plan.
(b) Content.
All notices required by this Zoning Code shall include the following information unless another provision of this § 14-303(13) (Public Notice) indicates that different information is required:
(.1) The name and address of the applicant;
(.2) The location where copies of the application and any related information submitted by the applicant can be obtained;
(.3) A description of the property involved by general vicinity, street address, size, and nearest cross street, and the zoning district in which the property is located;
(.4) A description of the nature, scope, and purpose of the application or proposal being advertised and the type of permit, approval, or variance being sought;
(.5) The time and place of any required meeting or public hearing regarding the application;
(.6) A statement that interested parties may appear at the meeting or public hearing and speak on the matter or may file written comments, and the address to which written comments may be sent; and
(.7) Any additional information required by L&I, the Zoning Board, or the Commission for the type of application being proposed.
(c) Sign Notice.
Where § 14-303(13)(a) (Required Notices and Responsibilities) requires notice by sign, the notice shall contain the content listed in § 14-303(13)(b) (Content) and shall meet the following requirements.
(.1) Provision and Posting of Signs.
L&I shall provide each applicant with the required number of signs. In order to provide clear and adequate notice, all posting shall comply with the sign posting requirements of this § 14-303(13)(c) (Sign Notice).
(.2) Number and Location of Signs.
(.a) At least one sign shall be clearly posted by the applicant on each street frontage of the property that is the subject of the application and as close to the sidewalk as possible. On large lots, or when a property is in the interior of a block or tract of land, additional signs may be required to be posted adjacent to and facing the surrounding properties.
(.b) Signs shall be posted in plain view, not obstructed by bushes, tree limbs, fences, or gates, and at eye level so that passers-by may read the sign without coming onto the property.
(.c) Signs may not be posted on moveable gates, doors, or windows, or on trees or utility poles.
(.d) In the case of an appeal where the appellant does not control the property that is the subject of the appeal, L&I may waive the posting requirement and require alternative notice designed to provide effective notice to all interested parties.
(.3) Time of Posting.
Notification signs shall be posted within five business days after the applicant files an appeal to the Zoning Board and remain continuously in place, through the day of the hearing, which shall take place no less than 21 days after initial posting. The applicant shall have the responsibility to see that each required sign remains posted during the entire period.
(.b) Continued Hearing.
(i) If a public hearing is continued to a date that is two or fewer days from the originally noticed hearing date, the applicant is not required to post notice of the continued hearing. 228
(ii) If a public hearing is continued to a date that is more than two days from the originally noticed hearing date, then the applicant shall post notice of the continued hearing when the Department has made the sign available to the applicant from a date two days after the date of the original hearing until the date of the continued hearing. 229
(.4) Reposting.
If signs are not posted in accordance with the requirements of § 14-303(13)(c)(.3) (Time of Posting), the Zoning Board shall delay action on the matter and require reposting of the sign notices, unless the Zoning Board determines, based on information provided by the applicant, that (a) the required posting began on or before the required date and (b) the applicant made good faith efforts to keep the sign notices posted during the entire period. Any reposting of required sign notices will be treated as a new posting and a reposting fee shall be required in accordance with the fee schedule set forth in Chapter 9 of the Philadelphia Administrative Code.
No person shall alter, deface, remove, or affect the visibility of any sign posted pursuant to this § 14-303(13) (Public Notice), until after the public hearing has been held or the application has been withdrawn. Each required notice shall be removed by the applicant no later than five days after a hearing has been held on the matter referenced on the sign or the application has been withdrawn.
Next to each required sign, the applicant shall post a copy of any applicable referral or refusal issued by L&I under § 14-303(7)(b) or § 14-303(8)(b). L&I shall provide the applicant with the required number of printed referrals or refusals. The posting of the referral or refusal shall be subject to the same posting requirements as signs under § 14-303(13)(c) (Sign Notice).
With respect to ordinances of Council, not less than 15 days' notice shall be given of public hearings, and such notice, in all other respects, shall comply with the provisions of subsection 2-201(5) of the Philadelphia Home Rule Charter, or any ordinances adopted pursuant thereto. The provisions of subsection (b) (Content) shall not apply. If a hearing is required, the notice shall also comply with all applicable requirements of Pennsylvania Statutes relating to notices of public hearings.
Where § 14-303(13)(a) (Required Notices and Responsibilities) requires web notice, that notice shall be posted on or linked to the City's official website.
(f) Other Forms of Notice.
(.1) No provision of this § 14-303(13) (Public Notice) shall restrict any department or agency of the City from providing additional notice in a different form, including, without limitation, notice through posting of information on the City's web site, links to other web sites, electronic mail, or mailing lists. Notices pursuant to this § 14-303(13)(f) shall be provided at the City's option and shall not substitute for any required notices under §§ 14-303(13)(c) through 14-303(13)(e) above. Failure to provide any form of supplemental notice under this § 14-303(13)(f) shall not be cause to delay, reverse, or appeal any decision of the Zoning Board or any department or agency of the City.
(.2) When a map amendment is introduced in City Council under the provisions of § 14-304(3), all properties for which the bill proposes a change in base zoning district that would be less restrictive than the property's then-current zoning shall be sent written notice by the Commission within 14 days of the amendment's introduction stating instructions on how interested parties may find further information about the proposed amendment and the contact information for the district councilmember. Where there is a question as to whether the new proposed zoning is less restrictive than the then-current zoning, the Law Department's determination shall control. 234
(14) Public Hearings of the Zoning Board of Adjustment.
All Zoning Board hearings are subject to the following provisions:
(a) Hearings of the Zoning Board shall be held at the call of the Chairman and at such other times as the Zoning Board may determine.
(b) A majority of the members of the Zoning Board shall constitute a quorum. 234.2
(c) All hearings shall be open to the public.
(d) Any organization or member of the public who attends a public hearing before the Zoning Board shall be permitted to offer testimony individually regardless of whether the organization, individual or person on whose behalf they are offering testimony has standing to appeal the decision by the Zoning Board to the Court of Common Pleas.
(e) Except as provided in § 14-303(14)(f) below, any person may appear in person or by an attorney, and may be accompanied by a family member or translator. Statements by a person's attorney on his or her behalf shall not be considered as testimony, except where agreed upon by the parties. 235
(f) Any corporation, including an incorporated nonprofit, that is the applicant in the matter before the Zoning Board shall be represented by an attorney at the public hearing on that matter before the Zoning Board.
(g) The Zoning Board may determine the order of testimony and may establish time limits on testimony in order to allow all interested parties to be heard and may, in its discretion, prevent duplicative testimony.
(h) The Zoning Board may administer oaths and compel the production of documents and the attendance of witnesses, and issue subpoenas for that purpose.
(i) Attorneys representing applicants or objectors, including but not limited to attorneys representing civic groups, will be permitted to cross-examine, present evidence, and request the issuance of subpoenas.
(j) In all public hearings before the Zoning Board, any agency of the City shall have the power to appear and to present facts and information to assist the Zoning Board in reaching a decision.
(l) All decisions of the Zoning Board shall state in writing the reason(s) for the decision, and notice of the decision shall be mailed to the applicant, the applicant's attorney of record, such other persons or attorneys who have properly entered an appearance in the case, and any Registered Community Organization or member of City Council (or their representative) who has submitted a letter concerning the matter. The decision shall be a public record. Formal findings of fact are not required. 237
(m) The Zoning Board shall prepare an annual report to be sent to the Federal Emergency Management Agency of all variances granted during the previous calendar year within areas subject to flooding as provided in § 14-704(4) (Flood Protection) describing the conditions under which the variances were granted.
(15) Appeals.
(a) Appeals to Zoning Board of Adjustment.
(.1) Any final order, requirement, decision, or determination made by L&I pursuant to this Zoning Code may be appealed to the Zoning Board by any person or organization affected by the decision or by any department or agency of the City. 238
(.2) A recommendation by the Commission or by any agency or department of the City is not a final decision and may not be appealed. A pre-requisite approval by a commission, department, or agency of the City prior to the issuance of a zoning or building permit by L&I may not be appealed; however the issuance or refusal of the zoning or building permit may be appealed and the error cited in the appeal may include alleged errors by a commission, department, or agency in the completion of its pre-requisite review of the permit application. 239
(.3) Any appeal of an L&I decision must be filed with the Zoning Board within 30 days of the date of L&I's decision. Where the applicant fails to post the permit in compliance with § 14-303(6)(f) (Posting of Permits), any person other than the applicant must file any appeal within 30 days of constructive notice of the L&I decision. All appeals must be filed through a written notice of appeal stating specifically how L&I's decision is inconsistent with the requirements of this Zoning Code or the basis for the requested variance or other relief.
(.a) An applicant who seeks either a special exception or a variance must submit to the Board, at the time the appeal is filed, a copy of the Project Information Form for such application, if the preparation of a Project Information Form is required for such application pursuant to Section 18-503 ("Project Information Form Required"). Such Form shall be submitted in electronic form, together with searchable data identifying the applicant, date of filing, address, and Council District of the project. Such Form shall be for information purposes only; its contents shall not be presented to the Board or considered by the Board in its decisionmaking process, other than for determining compliance with the filing and notice requirements of this subsection (.a) and of subsection (12). 240
(.b) The Board shall provide a copy of the Form to the agency responsible for administering Chapter 18-500 ("Project Information Forms"). 241
(.4) After the filing of an appeal, L&I shall promptly transmit to the Zoning Board copies of the application materials, all documents related to L&I's decision, and a statement of the reasons for L&I's decision.
(.5) As established by Section 5-1006 [renumbered to Section 4-607] of the Philadelphia Home Rule Charter, the Zoning Board may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from, and make such order, requirement, decision, or determination as ought to be made, and, to that end, it shall have all the powers of the officer from whom the appeal is taken.
(.6) The Zoning Board shall make a decision on the appeal within a reasonable time after receiving the appeal.
(.7) Notwithstanding Section A-805 of Subcode "A" of Title 4 of The Philadelphia Code, the filing of an appeal to the Zoning Board shall not stay proceedings by L&I or any other City agency to enforce or carry out the order or decision appealed from, except upon the following:
(.a) Appellant requests a stay by written application to the Zoning Board, with notice to the Law Department;
(.b) The Zoning Board conducts a public hearing on the request, with notice pursuant to § 14-303(15)(a)(.8) below; and
(.c) A finding by the Zoning Board of good cause, irreparable harm and likelihood of success on the merits of the appeal.
(.8) The Zoning Board shall send written notice of each hearing, interim order, or final decision in a matter to the applicant, the Law Department, and any person who has entered an appearance in the matter.
(.9) No special exception or variance shall be granted unless the person who owns the property for which the application is made has provided documentation satisfactory to the Zoning Board verifying that all of the person's taxes due on the subject property pursuant to Title 19 of The Philadelphia Code are current or are subject to a payment agreement; or produces evidence that denial of the application will result in an unconstitutional taking of the property for which it is sought. The following exceptions shall apply: 242
(.a) If the application is made by a tenant non-owner of the property, the tenant shall provide documentation verifying that all of the tenant's taxes are current or are subject to a payment agreement, and any taxes due on the subject property are not delinquent, and the application may then proceed without further regard to the owner's tax status.
(.b) If the application is made by a nonprofit entity, including a for-profit limited partnership whose general partner is owned or controlled by a nonprofit entity, that acquired the subject property from the City or a public agency, and all prior tax liabilities on the property were not cleared as of the acquisition, the applicant only needs to provide documentation verifying that all taxes assessed after its acquisition of the subject property and all of the applicant's other taxes unrelated to properties so acquired, are current or subject to a payment agreement.
(.c) If the application is made by a homeowner who acquired the subject property either directly from the City or a public agency, or from a nonprofit entity that previously acquired the property from the City or a public agency, and all prior tax liabilities on the property were not cleared as of the date of the homeowner's acquisition, the applicant only needs to provide documentation verifying that all taxes assessed after his or her acquisition of the subject property and all of the applicant's other taxes unrelated to properties acquired in that manner are current or subject to a payment agreement.
(.d) If the applicant attaches a purchase and sale agreement providing that the sale of the subject property to the applicant is contingent upon approval of the application, together with an authorization for the application by the current owner of the subject property, the Zoning Board may conditionally approve the application if it otherwise meets the criteria for approval, with a condition that the special exception or variance will be finally approved when L&I is provided with a copy of the Zoning Board's decision and documentation verifying that all of the taxes due on the subject property are paid in full.
(b) Appeals to the Courts.
(.1) A final decision made by the Zoning Board or the Commission pursuant to this Zoning Code may be appealed to a Pennsylvania Court of Common Pleas by any aggrieved party or by City Council pursuant to Act 193 of 2004 (Act of November 30, 2004, P.L. 1523, 53 P.S. § 13131.1.) within 30 days of the decision or such other time as may be provided by law.
(.2) After the filing of a Notice of Appeal with the Court, a Registered Community Organization that participates in the appeal as an appellant, appellee or intervenor shall not be required to pay the costs of transcribing the proceedings before the Zoning Board that are the subject of the appeal. After the filing of a Notice of Appeal, the Registered Community Organization shall notify the City of its request that the City make payment of its transcript costs.
(16) Administrative Review.
(a) The recipient of a variance or special exception issued by the Zoning Board may request in writing to L&I a minor administrative adjustment to the variance or special exception, provided the variance or special exception has not expired as set forth in § 14-303(10) (Lapse of Permits and Approvals). 244
(.1) Upon the filing of such a request, the Commission shall provide to the applicant contact information for each Registered Community Organization ("RCO") whose registered boundaries include the applicant's property and for the District Councilperson whose district includes the applicant's property.
(.2) The applicant shall promptly send a copy of its request for administrative adjustment to each such RCO; to the District Councilperson; and to all persons or entities that entered an appearance in the matter before the Zoning Board; and shall certify to L&I that such notices have been provided. An appearance list shall be available for inspection at the Zoning Board.
(b) No sooner than ten (10) days after certification of notice, L&I may approve a minor administrative adjustment to a previously issued variance or special exception, but only if it does not substantially alter the character of the structure originally approved; only if it does not conflict with a Zoning Board proviso; and only if it reduces the intensity of the previous approval. An administrative adjustment reduces the intensity of an approval if it: 245
(.1) Provides for minor changes to reduce the footprint, gross floor area or height of the approved structure;
(.2) Lessens the degree of impact related to dimensional variances;
(.3) Lessens the number of approved dwelling units where applicable;
(.4) Lessens the number or size of approved signs; or
(.5) Makes comparable changes that reduce the intensity of the proposed use.
(c) If any adjustment requested is approved, notice in writing shall be mailed by L&I to all persons or entities to whom notice was required to be sent under subsection (a)(.1), above, as well as to the Zoning Board. Within 14 days of the date of such notice, any such person may request in writing a hearing before the Zoning Board on the adjustment approved. The applicant shall provide notice of such hearing to all persons and entities required to receive notice under subsection (a)(.1). An approved adjustment does not become effective until expiration of the 14-day period or, if a hearing is requested, the conclusion of the hearing.
(d) The denial of a minor administrative adjustment may be appealed to the full Zoning Board pursuant to § 14-303(15) ("Appeals"). The issue on such an appeal shall be limited to whether L&I properly denied the request for a minor administrative adjustment.
(e) Upon approval of an administrative adjustment by L&I or the Zoning Board, L&I shall issue the applicant an Administrative Review Permit, which shall be posted in accordance with § 14-303(6)(f).
(f) This subsection (16) shall supersede any Zoning Board of Adjustment regulations or procedures relating to Administrative Review.
(1) Authority to Prepare and Adopt the Comprehensive Plan.
Only the Commission may prepare and adopt a Comprehensive Plan pursuant to the Philadelphia Home Rule Charter. The City or any public or quasi-public agency may submit a proposed amendment to the Comprehensive Plan for approval pursuant to § 14-304(2) (Comprehensive and Other Plan Adoption).
(2) Comprehensive and Other Plan Adoption.
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(a) Applicability.
This section applies whenever a Comprehensive Plan or other plan is intended to become the adopted policy of the City and to guide the approval of rezonings, permits, or approvals, including special exception approvals, in the area of the City covered by the plan.
(b) Review and Action by the Commission.
(.1) No plan shall become the adopted policy of the City unless it is approved by the Commission. 246
(.2) The Commission shall review the plan in at least one Commission meeting. The Commission may schedule additional public meetings to review the plan, and notice of those meetings shall be provided by the Commission as set forth for in § 14-303(13) (Public Notice).
(.3) In the case of the Comprehensive Plan or other plan prepared by the City or any public or quasi- public entity, if the Commission determines that the plan will promote the best interests of the City and that it should become the policy of the City, it shall adopt the plan, or adopt it with changes, and the plan shall then be considered an amendment to the Comprehensive Plan. If the Commission determines that the plan will not promote the best interests of the City, or that it should not become the policy of the City, it shall not adopt the plan.
(c) Effect of Approval.
Plans adopted by the Commission as amendments to the Comprehensive Plan shall be considered by the Commission or the Zoning Board as a factor in its decision to approve, approve with conditions, or deny a permit, special exception, variance, or other approval.
(d) Amendment.
An adopted plan may be amended through the same process used for initial review and decision on the plan.
(3) Zoning Map and Text Amendments.
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(a) Applicability.
The zoning map and text amendment procedures of this subsection apply to ordinances for amendments to the text of this Zoning Code and to amendments to the official zoning map.
(b) Review by the Commission.
(.1) No ordinance amending the text of this Zoning Code or amending the official zoning map shall be adopted by City Council unless it is first reviewed by the Commission, except as provided in Section 2-307 of The Philadelphia Home Rule Charter.
(.2) Notice of any public meeting of the Commission on a zoning ordinance shall be provided by the Commission as set forth in § 14-303(13) (Public Notice).
(.3) The Commission shall forward to City Council, through the Mayor's office, a recommendation for approval, approval with changes, or disapproval of the ordinance based on whether it meets the criteria in § 14-304(3)(d) (Criteria for Review) or § 14-304(3)(e) (Special Provisions for Master Plan Districts). 247
(c) Action by City Council.
The City Council shall consider the ordinance in the manner set forth in the Home Rule Charter. As established by Section 2-307 of the Philadelphia Home Rule Charter, the City Council shall not act until it has referred the proposed ordinance to the Commission for comment and waited at least 45 days following the introduction of any ordinance affecting land subdivision plans and at least 30 days following the introduction of any other zoning ordinance to receive the Commission's recommendation on the ordinance. Such periods may be extended by the Commission, as provided in Section 2-307 of The Philadelphia Home Rule Charter. City Council may approve, approve with changes, or disapprove the ordinance, regardless of the recommendation of the Commission.
(d) Criteria for Review.
The Commission shall consider the following criteria when making its recommendation that the ordinance be approved or approved with changes:
(.1) Whether the ordinance is consistent with the Comprehensive Plan;
(.2) Whether the ordinance is consistent with other plans adopted by the City as amendments to the Comprehensive Plan for the area affected by the ordinance;
(.3) Whether the adoption of the ordinance is in the best interest of the City;
(.4) Whether the impacts of the ordinance on areas surrounding the land affected by the ordinance will be positive and whether any negative impacts are unavoidable or will be mitigated to the extent reasonable; and
(.5) If the ordinance proposes a new overlay district, whether the same result cannot be achieved more easily through amendments to an existing base or overlay district or the text of this Zoning Code.
(e) Special Provisions for Master Plan Districts.
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District Name
|
Previously Known As
|
Residential Mixed-Use - 1 (RMX-1) | RC-6 |
Residential Mixed-Use - 2 (RMX-2) | WRD, ITD |
Institutional Development (SP-INS) | IDD |
Entertainment (SP-ENT) | CED |
Sports Stadium District (SP-STA) | SS |
(.1) Master Plan Districts Generally.
The procedures of this § 14-304(3)(e)(.1) apply to the master plan districts listed in Table 14-304-1, other than the SP-ENT, Entertainment (Special Purpose) District. See § 14-304(3)(e)(.2) below for procedures relating to the SP-ENT, Entertainment (Special Purpose) District.
(.a) Before any rezoning of such land into that district and any change to the official zoning map may become effective, City Council shall approve by ordinance a master plan for the development of that land. 248
(.b) Any ordinance proposing the designation of any lands into a master plan district shall be reviewed and approved as described in either subsection (i) or (ii), below.
(i) The ordinance may be accompanied by a master plan for the area to be rezoned that meets the requirements of this Zoning Code. In this case, the ordinance and master plan shall be reviewed concurrently, any recommendation by the Commission shall address both the ordinance and plan, any action by City Council shall address both the ordinance and the plan, and the rezoning and master plan shall become effective immediately upon City Council action.
(ii) As an alternative to subsection (i), above, City Council may approve the amendment without approving a master plan. In this case, the amendment shall not become effective until a master plan for the property has been submitted, the Commission has reviewed that plan and made a recommendation to City Council, and City Council has approved a master plan pursuant to this Zoning Code.
(.c) Any master plan submitted for approval must: 249
(i) Contain the information required by the regulations of the Commission; and
(ii) Complete the civic design procedures set forth in § 14-304(5) (Civic Design Review), except that major amendments to master plans shall only be subject to civic design review as required by the regulations of the Commission and minor amendments shall not be required to complete civic design review.
(.d) The Commission is authorized to consult with other City agencies in its consideration of and recommendations for Master Plan approval.
(.2) SP-ENT, Entertainment (Special Purpose) District.
The procedures of this § 14-304(3)(e)(.2) apply to the SP-ENT, Entertainment (Special Purpose) District.
(.a) The owner of any lot within a proposed or adopted SP-ENT district may submit to the Commission a proposed master plan for the Commission's review and recommendation. The master plan must contain the information required by the regulations of the Commission.
(.b) The Commission shall review and approve the proposed master plan if it finds that the master plan is (1) consistent with the purposes of the SP-ENT district, (2) otherwise in compliance with the provisions of this Zoning Code applicable to the SP-ENT district, and (3) otherwise appropriate in terms of scale, density, accessibility, and design for the neighborhood where it is located.
(.c) City Council shall designate, by ordinance, such SP-ENT districts in such areas as City Council deems appropriate. For each such district, such designations shall become effective upon the adoption of an ordinance designating the district boundaries; and the approval by the Commission of a master plan for the district pursuant to § 14-304(3)(e)(.1)(.b) above. Upon the designation becoming effective, the underlying zoning classification for all lots within the district shall be superseded, and no permits shall be issued for any use within the district other than as permitted by the approved master plan and this Zoning Code.
(.d) In the event that the owner of a lot within an SP-ENT district submits a proposed master plan to the Commission and the Commission fails to approve, disapprove, or table consideration of it within 45 days after submission, it will be deemed approved by the Commission.
(f) Special Provisions for Neighborhood Conservation Overlay Districts.
(.1) A petition requesting that the Commission initiate the process towards creating an /NCO district shall be filed with the Commission either (1) by a Local Registered Community Organization located within the proposed /NCO district, or (2) containing the signatures of at least thirty percent (30%) of all property owners or at least thirty percent (30%) of all owners of owner- occupied housing units located within the proposed /NCO district. The petition shall include a draft map of /NCO district boundaries and draft design guidelines that would apply to the /NCO district.
(.2) The Commission shall establish, by regulation, the criteria for accepting a petition to create an /NCO district. Upon review and acceptance of a petition, the Commission shall convene at least one public meeting within the /NCO district's proposed boundaries in order to seek public comment on the proposed /NCO district and design guidelines. 250
(.3) City Council shall not enact any ordinance creating an /NCO district if, by the date of the City Council public hearing, at least fifty-one percent (51%) of all property owners or fifty-one percent (51%) of all owners of owner-occupied housing units located within the proposed /NCO district have filed in writing with the Clerk of Council a statement of opposition to creation of the /NCO district. Those written statements may include petitions with multiple signatures opposing the creation of the /NCO district.
(.4) City Council shall consider the proposed /NCO district ordinance, design guidelines, and map in the same manner as other zoning ordinances, but shall not approve or approve with changes a proposed /NCO district unless it finds that the proposed /NCO district area has a consistent physical character as a result of a concentration of residential buildings of similar character or a continuity established by an overall plan. The City Council decision shall not include any areas within the /NCO district that were not included in the proposed boundaries of the /NCO district as set forth in the map attached to the proposed ordinance.
(.5) The boundaries of an /NCO district may be amended using the same procedures used to create the district. 251
(.1) Definitions.
(.a) A "pending ordinance" is any bill not yet enacted into law that would amend either the Zoning Code or the Zoning Maps, if a Committee of Council has voted to report the bill and the bill remains under active consideration. 253
(.b) A bill "remains under active consideration" if either:
(i) not more than four meetings of Council have passed since the date of the Committee vote to report the bill;
(ii) no later than the fourth meeting of Council after the date of the Committee vote to report the bill, Council has adopted a resolution declaring that the bill remains under active consideration, in which case the bill shall be considered under active consideration until such date as Council sets forth in the resolution or six months after the date of the Committee vote to report the bill, whichever date is earlier; or
(iii) the bill has been passed by the Council and the time for the bill to become law under Section 2-202 of the Home Rule Charter has not yet passed.
(.2) L&I (in reviewing any application for a zoning permit) or the Zoning Board (on any appeal to the Board) shall apply any applicable provision of any bill that had become a pending ordinance at or before the time when the application was filed with L&I, as if the bill had become law, but only to the extent that such provision is more restrictive than the applicable provision of this Zoning Code or zoning maps, except that this § 14-304(3)(h)(.2) shall not apply if either:
(.a) the bill has been withdrawn by a vote of the Council;
(.b) the bill has been defeated on a final passage vote;
(.c) the bill has been disapproved by the Mayor and the time for further consideration by Council has expired; or
(.d) the bill provides for an effective date subsequent to the date it becomes law or contingent upon an event that has not yet occurred.
(.3) In giving effect to a pending ordinance, L&I and the Board shall give effect to the bill as it may be amended from time to time by the Council or by a Committee of Council.
(4) Amendments to Master Plans.
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(a) Applicability.
The procedures of this subsection apply to the amendment of any master plan required in a master plan district listed in Table 14-304-1 (Master Plan Districts).
Any minor amendment shall be submitted to the Commission for approval and must contain the information required by the regulations of the Commission. The Commission may approve, approve with modifications, or deny the Minor Amendment.
(c) Action by City Council on Major Amendments.
City Council shall consider a Major Amendment to a Master Plan as a proposed new master plan for the district in the same manner required by the Home Rule Charter for zoning ordinances. Major Amendments to Master Plans require approval by ordinance pursuant to the procedures set forth in § 14-304(3)(e) (Special Provisions for Master Plan Districts). Any major amendment submitted for approval must contain the information required by the regulations of the Commission.
(d) Criteria for Commission Approval.
The Commission shall approve a proposed amendment as a Minor Amendment to a Master Plan only if it determines that the amendment complies with all of the following criteria:
(.1) The amendment is consistent with the stated purpose of the district, the stated purpose of the existing master plan, the sound development needs of the district, and the requirements of any applicable overlay district.
(.2) The amendment only includes uses permitted by right in the district in which the land is located as set forth in Chapter 14-600 (Use Regulations).
(.3) The amendment complies with all dimensional requirements listed in Chapter 14-700 (Development Standards) for the district in which the land is located.
(.4) The amendment only approves:
(.a) Changes to the location or design of required parking, loading, or landscape areas that do not reduce the total amount of parking, loading, or landscape area shown in the approved master plan; or
(.b) Temporary facilities or structures that are consistent with the overall intent of the adopted master plan; or
(.c) Additions to buildings or changes in building footprints, including the footprints of new buildings, that do not increase impervious surface within the district by more than five percent (5%) or by more than 2,500 sq. ft., measured collectively from the date of the latest amendment to the Master Plan; or 255
(.d) Additions to buildings that do not increase the gross floor area by more than 2,500 sq. ft, measured collectively from the date of the latest amendment approved by Council to the Master Plan. 256
(5) Civic Design Review.
(a) Civic Design Review Committee.
Where this Zoning Code requires review by the Civic Design Review Committee, such review shall be performed by the Commission, which shall function as the Civic Design Review Committee, until such time as the Chair of the Commission certifies to the Council that the Mayor has established one or more separate Civic Design Review Committees, as set forth in § 14-304(5)(a)(.2) (Composition) below.
The Civic Design Review Committee shall be composed of two Pennsylvania-licensed architects, one sustainability professional, one Pennsylvania-licensed landscape architect, one urban design professional, one developer or builder, one person with experience reviewing projects on behalf of civic associations, including a person who previously served or currently serves on a zoning, land use, or similar committee of a Registered Community Organization, and one rotating seat for a representative of a Registered Community Organization whose boundaries include the applicant's property, except that in the case of multiple overlapping Registered Community Organizations, there shall be up to two seats, one for each Registered Community Organization, and at the discretion of the district councilperson, one seat to be occupied by a designee of the district councilperson whose district includes the application property. A member of the Commission will be the Chair of the Civic Design Review Committee and will fill one of the designated positions. The Executive Director of the Commission (or appointed designee) will advise the Civic Design Review Committee but will have no vote.
(b) Applicability.
(.1) Required Review.
(.a) The civic design review procedures of this subsection apply to any development that meets the criteria in Table 14-304-2 (Civic Design Review Triggers) and to master plans as set forth in § 14-304(3)(e)(.1), except for: 259
(i) development on lots located within the SP-ENT, SP-PO, and SP-STA districts, provided that SP-STA district master plans shall remain subject to any required civic design review;
(iii) Wireless service facilities; and
(iv) Development on a lot located within the SP-INS district that does not front on a legally open confirmed street, provided that SP-INS district master plans shall remain subject to any required civic design review.
(.b) L&I shall not issue a final decision on an application for any development that meets the criteria in Table 14-304-2 until review by the Civic Design Review Committee has been completed pursuant to the procedures of this subsection; provided, however, that, upon request of an applicant, L&I shall promptly issue any refusal or referral, without awaiting completion of review by the Civic Design Review Committee. Where L&I issues a refusal or referral on an application for a development that meets the criteria in Table 14-304-2 and the applicant files an appeal to the Zoning Board pursuant to § 14-303(15), the Zoning Board shall not commence a hearing on the application until review by the Civic Design Review Committee has been completed pursuant to the procedures of this subsection. 261
(.2) Affected Properties.
For purposes of Table 14-304-2 (Civic Design Review Triggers) only, a property is "affected" by the applicant's property if any of the following conditions exist:
(.a) it shares all or part of a side or rear property line with the applicant's property (see "A" on the Civic Design Review Triggers illustration);
(.b) it is separated from the applicant's property by only an alley or shared driveway (see "B" on the Civic Design Review Triggers illustration);
(.c) it is located on the same blockface and any portion of the property is within 200 ft. of the applicant's property (see "C" on the Civic Design Review Triggers illustration); or
(.d) it is located on the blockface located across a street from the front lot line of the applicant's property and (i) the cartway separating the two properties is less than 100 ft. wide, and (ii) the property or a portion of the property is within 200 ft. of the applicant's property (see "D" on the Civic Design Review Triggers illustration).
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Civic Design Review is required in the following two cases:
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Location of Applicant's Property
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Covered Types of Applications
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Case 1: The applicant's property is located in any district, except as provided in § 14-304(5)(b)(.1). | AND the application includes new construction or an expansion that: 1. Creates more than 100,000 sq. ft. of new gross floor area, excluding any floor area within an existing structure; or 2. Creates more than 100 additional dwelling units, excluding any dwelling units within an existing structure. |
Case 2: The applicant's property: 1. Is located in any district except as provided in § 14-304(5)(b)(.1); and 2. Affects property in any Residential district, as defined by § 14-304(5)(b)(.2) (Affected Properties). | AND the application includes new construction or an expansion that: 1. Creates more than 50,000 sq. ft. of new gross floor area, excluding any floor area within an existing structure; or 2. Creates more than 50 additional dwelling units, excluding any dwelling units within an existing structure. |
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(.3) Optional Review.
Applicants with development proposals that do not meet the criteria in § 14-304(5)(b)(.1) (Applicability) may elect to submit their application for review under the civic design review procedures of this subsection. Optional reviews will be carried out by the Civic Design Review Committee if the applicant submits an application for optional review and the chair of the Civic Design Review Committee and the Executive Director of the Commission agree that Design Review would be in the best interests of the City.
(.1) Upon introduction of an ordinance to rezone any land into certain master plan districts as set forth in § 14-304(3)(e)(.1), the person or entity that requested the rezoning of land shall comply with the neighborhood notice and meeting requirement in § 14-303(12) (Neighborhood Notice and Meetings).
(.2) L&I will determine whether a zoning permit application meets the criteria of Table 14-304-2 and is required to complete Civic Design Review. If Civic Design Review is required, the applicant is required to comply with the neighborhood notice and meeting requirement in § 14-303(12) (Neighborhood Notice and Meetings).
Design review under this section shall be advisory. The applicant is encouraged to accept the results of design review and incorporate them into the design. Neither L&I, the Zoning Board nor the Commission is required to abide by the recommendations of the Civic Design Review Committee, but the Zoning Board and the Commission may consider those recommendations in any discretionary review of any application that may come before them.
(e) Review by Civic Design Review Committee.
(.1) L&I shall notify the Commission and the applicant, in writing, when L&I determines that an application for a permit is subject to civic design review. 265
(.3) The Civic Design Review Committee's meetings must be open to the public and provide opportunity for public comment. Agendas must be posted online and distributed in advance of each meeting.
(.4) The Civic Design Review Committee shall review each proposal and make its recommendation as follows: 267
(.a) The applicant must submit application materials (in accordance with regulations of the Commission) to the Civic Design Review Committee at least 14 days before the scheduled date of the Civic Design Review meeting.
(.b) The Committee shall not conduct its meeting on the application unless the applicant documents, prior to the meeting, that there has been compliance with the requirements of § 14-304(5)(c) ("Neighborhood Notice and Meetings Required").
(.c) The Civic Design Review Committee may require a second review meeting if significant issues remain unresolved after the initial review meeting.
(.d) The Civic Design Review Committee must deliver a written recommendation to the Commission and shall attach to its recommendation the applicant's Project Information Form, if preparation of such Form is required by Section 18-503 ("Project Information Form Required"). The Civic Design Review Committee's recommendation may incorporate recommendations from other design entities, such as the Art Commission and Historical Commission. The Commission shall post the written recommendation of the Civic Design Review Committee on the Commission's website. So long as the applicant has participated in good faith in Civic Design Review, the application shall be deemed to have completed Civic Design Review within 150 days of written notification from L&I to the applicant that Civic Design Review is required. 268
(f) Criteria for Review.
Design review shall focus on the impact of building and site design on the public realm, particularly streets, sidewalks, trails, public parks, and open spaces. The Civic Design Review Committee's review is not intended to evaluate the architectural style or compositional aspects of a project outside of their clear impact on the public realm. Criteria for review shall include the following, and any recommendations for changes to the proposal shall be directed toward improving performance in the following areas:
(.1) Whether the design, including but not limited to the streetscape, curbside management, internal parking circulation, and vehicular and pedestrian access points, contributes to the walkability of adjacent streets;
(.2) Whether the ground level design of the proposal contributes to street activity on adjacent streets;
(.3) Whether the design of open spaces within the boundaries of the proposal are appropriate for their intended function and reinforce the importance, safety, and enjoyment of public use of those spaces;
(.4) Whether the design allows adequate light and air for nearby public streets, sidewalks, trails, parks, open spaces, and adjacent properties;
(.5) Whether the design reinforces and protects the desirable characteristics of the surrounding neighborhood through gradual transitions in bulk and scale and, if appropriate, buffers between the proposed building(s) and the adjacent area;
(.6) Whether the design is consistent with the intended character of streets, sidewalks, trails, parks, and open spaces indicated in the Comprehensive Plan and master plan, if applicable;
(.7) Whether the design is environmentally sustainable; and 269
(.8) Any additional criteria stated in the regulations of the Commission for the purposes of clarifying or implementing the criteria in this § 14-304(5)(f) (Criteria for Review).
(6) Lot Adjustments.
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(a) Applicability.
The procedures of this section apply to all lot adjustments.
(b) Procedure.
(.1) L&I shall not issue any zoning permits for a lot adjustment unless the lot adjustment, as shown on a plot plan, has been first reviewed and approved by the Commission.
(.2) No activity described in § 14-304(6)(a) above shall occur, and no street, driveway, sanitary sewer, stormwater sewer, water main, public service, or other facilities in connection with the lot adjustment shall be constructed, maintained, opened, or dedicated for public use or for the common use of occupants of buildings abutting on them, and no record of lot shall be created, until a plot plan has been approved and compliance with the procedures of this § 14-304(6) has been established.
(.3) The procedure for review and decision on a lot adjustment is:
(.a) The Commission shall review and approve, approve with conditions, or deny the plot plan using the criteria in § 14-304(6)(c) below. The Commission shall review and approve, approve with conditions, or deny the plot plan within 45 days of application submission or the plot plan shall be deemed approved.
(.b) If it disapproves the plot plan, the Commission shall notify the applicant in writing of its action and the reasons for the decision within seven days after the decision.
(.c) The applicant must record deeds and the approved survey plan with the Department of Records. The deed or deeds must include the legal description of, and the proposed street address and tax account number assigned by the Office of Property Assessment for, each lot on the approved survey plan. 270
(c) Criteria for Approval.
The Commission shall approve a lot adjustment if it finds that:
(.1) It is not a subdivision subject to § 14-304(7) (Subdivisions and Subdivision Plats); and
(.2) It complies with the lot dimension and street frontage requirements of this Zoning Code.
(7) Subdivisions and Subdivision Plats.
The procedures of this subsection apply to any subdivision (as defined in § 14-203(328) (Subdivision)), except for a lot adjustment.
(b) Property Data Map.
(.1) Every person who wishes to subdivide his or her property shall file with the Commission two copies of a Property Data Map meeting the requirements in the regulations of the Commission prior to preparing the Preliminary Plat.
(.2) Following the filing of the Property Data Map and prior to the preparation of the Preliminary Plat, the Commission shall refer the Property Data Map to the Streets Department to verify its accuracy. If the Streets Department has not responded within 30 days, the Commission may assume that the Property Data Map is accurate. The Commission shall also notify the subdivider of (a) any elements of adopted plans and (b) any planned or anticipated public works or public land acquisitions that should be taken into consideration in the design of the subdivision.
(.1) The Planning Commission shall not approve a Preliminary Plat that would require a change to the City plan unless an ordinance has been enacted approving such City plan change, subject to the Commission's approval of the Preliminary Plat.
(.2) The applicant shall submit to the Commission the Preliminary Plat and supplementary data meeting the requirements of the regulations of the Commission.
(.3) The applicant shall submit the proposed Stormwater Management Plan to the Water Department. The Water Department shall approve the proposed method of control of stormwater runoff before the Commission may approve the Preliminary Plat.
(.4) The Commission shall act on the application for approval of the Preliminary Plat at its first regularly scheduled meeting held not less than 30 days following the date of filing of the Preliminary Plat. If it approves the Preliminary Plat, the Commission shall express its decision as a conditional approval and shall notify the subdivider and the Department of Streets of that decision. If it disapproves the Preliminary Plat, the Commission shall notify the subdivider in writing of its action and the reasons for the decision within seven days after the decision.
(.5) The Streets Department shall review and approve, approve with conditions, or deny the application.
(.6) Approval of a Preliminary Plat shall not constitute approval of the Final Plat, but shall be deemed an expression of approval of the layout submitted as a guide to the preparation of the Final Plat.
(d) Criteria for Approval of Preliminary Plat.
The Commission shall approve a Preliminary Plat only if it finds that:
(.1) It complies with all technical requirements for the plat document in the regulations of the Commission;
(.2) It complies with the subdivision standards set forth in § 14-708 (Subdivision Standards); and
(.3) The proposed street layout and design have been approved by the Streets Department.
(e) Final Plat.
(.1) The subdivider shall submit a Final Plat to the Commission within 15 months after approval of the Preliminary Plat; otherwise the Preliminary Plat shall become null and void unless an extension of time is applied for and granted by the Commission.
(.2) At the subdivider's option, a Final Plat may consist of a portion of the approved Preliminary Plat.
(.3) The Commission shall act upon the application within 30 days of submission, or the subdivision shall be deemed approved.
(.4) If the Final Plat is approved, the approval of the Commission shall be noted on the Final Plat.
(.5) The subdivider must record with the Department of Records deeds and, in full or by section, the approved Final Plat. The deed or deeds must include the legal description of, and the proposed street address and tax account number assigned by the Office of Property Assessment for, each lot on the approved Final Plat. 273
(.6) An approved Final Plat shall be valid for three years, but if no recording of any portion of the Final Plat occurs within three years, the Final Plat shall become null and void.
(.7) If it disapproves the Final Plat, the Commission shall notify the subdivider in writing of its action and the reasons for the decision within seven days after the decision.
(.8) When new streets are involved in any subdivision, the Commission may require, as a condition of its approval, confirmation by the Streets Department Board of Surveyors of the appropriate City Plan changes.
(f) Criteria for Approval of Final Plat.
The Commission shall approve a Final Plat shall only if it finds that it:
(.1) Complies with all the technical requirements of the plat document in the regulations of the Commission; and
(.2) Is in substantial conformity with the approved Preliminary Plat.
(g) Compliance with Technical and Engineering Standards.
Following approval of the Final Plat, all improvements such as streets, driveways, water mains, and sewers shall be constructed in accordance with the specifications established by the City departments having jurisdiction over those improvements.
(h) Waiver of Subdivision Standards.
The Commission may authorize such waivers or partial waivers from the terms of this section as will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of the standards otherwise applicable to the subdivision will result in serious practical difficulty.
(i) Records and Review.
The Commission shall keep a record of its findings, decisions, waivers and recommendations relative to all subdivision applications filed with it. All such records shall be public records.
(8) Designation of Historic Structure or District.
See § 14-1004 (Designation).
(9) Construction, Alteration, or Demolition in a Historic Area.
See § 14-1005 (Regulation).
(1) Purpose.
This section recognizes that many land uses, buildings, parking areas, lots, signs, non-accessory signs, and site improvements in the City do not conform with the requirements of this Zoning Code either because (a) they were established before the adoption of zoning, or (b) they were legal when established but have become nonconforming due to later zoning amendments. It is the purpose of this section to regulate these nonconformities and to allow for the continued existence, use, modification, and expansion of these uses, buildings, parking areas, lots, signs, and site improvements subject to the limitations set forth in this section.
(2) Types of Nonconformities.
(3) Exceptions.
Notwithstanding the provisions of § 14-305(2) (Types of Nonconformities), the following situations are not nonconformities. Properties in these categories are considered to comply with the Zoning Code.
(a) If this Zoning Code is or has been amended to increase minimum off-street parking requirements, or to lower the maximum amount of off-street parking that can be provided, no use in existence prior to those amendments shall be considered a nonconforming use simply because it no longer complies with the revised minimum or maximum parking requirements.
(b) A nonconformity that would not be permitted by this Zoning Code but that has been authorized through a variance or other action of the Zoning Board, or that has been authorized by court order, is not a nonconformity, so long as it complies with the terms of that authorization. This exception applies only to the portion of the property that was expressly approved by Zoning Board action or court order. If, for example, the Zoning Board granted a use variance on a lot that does not comply with applicable lot size requirements, the lot retains its nonconforming status despite the granting of the use variance.
(4) General Requirements.
(a) A nonconformity may continue following any amendment to this or any prior Zoning Code that creates a condition in which a use, structure, parking area, site improvement, lot, or sign has been made nonconforming.
(b) Any rights conferred on a nonconformity run with the property. They are not affected by changes in tenancy or ownership.
(c) The operation, expansion, and replacement of a nonconformity shall be subject to the limitations in this § 14-305 (Nonconformities).
(d) The burden of establishing the prior existence of a nonconformity is on the applicant. When applying for any permit or approval relating to a nonconformity, L&I may require the applicant to submit evidence of a prior permit or other documentation showing that the nonconformity existed before the date on which it became nonconforming.
(5) Nonconforming Uses.
(.1) Expansion of nonconforming regulated uses that are listed in § 14-603(13) (Regulated Uses) is prohibited.
(.2) For uses other than those specified in § 14-305(5)(a)(.1) above: A nonconforming use that is located in a conforming building may be expanded within that building, or within any expansion of that building that complies with § 14-701 (Dimensional Standards), provided that the cumulative expansion since the use became nonconforming shall not increase the floor area occupied by the nonconforming use by more than ten percent (10%). 277
(b) Replacement.
(.1) Abandoned Uses.
(.a) A nonconforming use that has been discontinued (as determined by § 14-305(5)(b)(.3) (Determination of Discontinued Nonconforming Use)) for more than three consecutive years shall be considered abandoned and may not be resumed or replaced by another nonconforming use. Any subsequent use of the land or structure must comply with the use requirements of the district in which the land is located.
(.b) A successful zoning application for a permitted use or use approved by special exception in the district where the land is located shall not constitute abandonment of the nonconforming use until the permitted use or use approved by special exception is initiated on the property. 278
(.2) Uses Discontinued for Three Years or Less.
(.a) Replacement and discontinuance of nonconforming regulated uses that are listed in § 14-603(13) (Regulated Uses) is governed by § 14-603(13)(b)(.2) (Discontinuance of Operations).
(.b) For uses other than those specified in § 14-305(5)(b)(.2)(.a) above: A nonconforming use that is currently in operation or has been discontinued (as determined by § 14-305(5)(b)(.3) (Determination of Discontinued Nonconforming Use)) for three consecutive years or less may be replaced with another use not allowed by the base zoning and any applicable overlay zoning if the existing or discontinued use and the proposed replacement use are in the same use subcategory as shown in § 14-601 (Use Categories), provided, however, that:
(i) the existing or discontinued use shall not be replaced by a regulated use as set forth in § 14-603(13) (Regulated Uses);
(ii) if the existing or discontinued use is listed as a specific use type in § 14-601 (Use Categories), then it may only be replaced by the same specific use type; and
(iii) if the existing or discontinued use is not listed as a specific use type, then it may not be replaced by any specific use type listed in the same use subcategory.
(.3) Determination of Discontinued Nonconforming Use.
(.a) A "discontinued use" is a nonconforming use that is no longer being actively operated on the property or for which there is evidence that the owner or lessee no longer intends to use the property for that purpose. Evidence of a discontinued nonconforming use may include, but shall not be limited to: (1) removal of improvements necessary to that use, (2) modifications to the property that make it unsuitable for that use, (3) lapsing of permits or licenses necessary to operate that use, or (4) failure to pay property taxes or taxes related to the nonconforming use. L&I shall record such discontinuation of use in the file of the subject property. 279
(.b) Upon receipt of an application for a zoning permit relating to a property on which a nonconforming use is situated, L&I shall notify the applicant that a determination of discontinued use is under review and request any evidence that the use has not been discontinued. Evidence that a use has not been discontinued may include but is not limited to (1) improvements made to the property to accommodate that use during a time when the use was not actively operating, (2) efforts to market the property or improvements for that use during the time when the use was not actively operating, or (3) the maintenance of any licenses or permits necessary for the use or business during the time it was not actively operating. L&I's determination shall take into consideration any response received from the applicant, but that response shall not be determinative if other evidence suggests that the use has been discontinued.
(6) Nonconforming Structures.
Nonconforming structures may be expanded or extended, provided that the expanded or extended area (a) complies with all provisions of § 14-701 (Dimensional Standards) and § 14-702 (Floor Area, Height, and Dwelling Unit Density Bonuses) applicable to the zoning district where the property is located, (b) complies with the provisions of this § 14-305(6) (Nonconforming Structures), and (c) does not increase any existing nonconformity. 280
(a) All expansions or extensions of nonconforming structures shall be limited to the lot occupied by the structure at the time it became nonconforming. 281
(b) In those zoning districts that limit maximum floor area, any nonconforming structure that contains more than the permitted amount of floor area may not be modified so as to create more floor area. Any nonconforming structure that contains less than the maximum permitted floor area may expand up to that limit provided that the addition complies with all other applicable requirements of this Zoning Code.
(c) Where a front or side wall does not meet a required setback or side yard requirement, a vertical extension of that wall that complies with the height limit and gross floor area ratio limit in Tables 14-701-1 through 14-701-3 is not an increase of that specific nonconformity, and is permitted. (See figure "Vertical Extension of a Nonconforming Side Wall".)
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(d) Where a rear wall does not meet a rear yard minimum depth requirement, a vertical extension of that wall is an increase of that specific nonconformity, and is not permitted. Vertical extensions of a rear building wall that do not comply with minimum required rear yard minimum depth or yard areas must meet the requirements in Tables 14-701-1 through 14-701-3. (See figure "Vertical Extension of a Nonconforming Rear Wall".)
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(e) Where a side wall does not meet a required side yard requirement: 1) a horizontal extension of that wall into a front yard, rear yard, or side yard is an increase of that specific nonconformity, and is not permitted, and 2) a horizontal extension of a side wall into a rear yard is permitted, provided the extension complies with applicable rear setback and open space requirements. (See figure "Horizontal Extension of a Nonconforming Side Wall".) 282
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(f) Elevator shafts or fire towers that existed at the time a structure became nonconforming may be extended in height without respect to the height regulations of the district in which such structures are located.
(g) Repairs to or renovation of a nonconforming structure or site improvement that brings the structure or site improvement into greater compliance with the building code is permitted. For the purposes of this subsection (6), a repair shall be defined as any one of the following: (a) interior work which does not result in increased gross floor area; (b) the replacement of up to two-thirds of the structural framing members when work involves the replacement of any portion of the exterior wall; or (c) the replacement of portions of nonconforming structures in their original footprint or height. A building may be "repaired" to the original or lesser height and area. 283
(7) Nonconforming Lots.
(a) If a lot is nonconforming because it does not meet the minimum lot requirements of § 14-701 (Dimensional Standards), nothing in this Zoning Code shall prohibit (a) the use of that lot, or (b) the erection, construction, or alteration of structures upon that lot, or (c) in the case of a group of adjacent nonconforming lots, the erection or construction of an equal or lesser number of structures upon such lots, provided that such use, erection, construction, or alteration otherwise complies with the regulations of the district in which that lot is located.
(b) New subdivisions or re-subdivisions of land that are subject to § 14-304(7) (Subdivisions and Subdivision Plats) after the effective date of this Zoning Code must meet the requirement of § 14-701 (Dimensional Standards) as well as all other applicable provisions of this Zoning Code. All other lot adjustments and subdivisions of nonconforming lots are permitted provided the lot adjustment or subdivision does not increase an existing nonconformity. 284
(8) Nonconforming Signs.
(a) Except for signs specifically prohibited by this Zoning Code, a permit shall be granted for the continued maintenance of any sign lawfully in existence on March 28, 1946, regardless of compliance with any of the other provisions of this Zoning Code.
(b) A nonconforming sign may be maintained in the same location and position in any way that (1) does not increase the size, height, or degree of illumination of the sign, (2) does not create a new nonconformity, and (3) does not increase an existing nonconformity. Without limiting the previous sentence, customary maintenance of the sign face or sign structure and changes to the sign message are permitted as long as no new violation of this Zoning Code is created.
(9) Nonconforming Parking or Site Improvements.
Where the amount, design, or location of off-street parking or site improvements (for example, landscape area) does not meet the requirements of this Zoning Code, the nonconformity may remain and be used notwithstanding those nonconformities. However, all provisions of § 14-705 (Landscape and Trees) and Chapter 14-800 (Parking and Loading) shall apply to the entire lot for any development or changes to structures or uses on the lot.
(10) Reconstruction of Destroyed Structures.
(a) Applicability.
Notwithstanding the provisions of § 14-305(1) (Purpose) through § 14-305(9) (Nonconforming Parking or Site Improvements) above, the provisions of this § 14-305(10) (Reconstruction of Destroyed Structures) shall apply when nonconforming buildings, uses, lots, parking, site improvements, or accessory signs are destroyed or rendered unusable by fire or an act of God or a third party over which the owner has no control.
(b) Rights Following Destruction.
Following destruction, as defined in § 14-305(10)(a) (Applicability): (a) a replacement structure that does not reduce the nonconforming setbacks or exceed the nonconforming area or height of the destroyed structure may be constructed, and (b) the nonconforming use that existed prior to the destruction may be re-established, and (c) the property need not provide any more off-street parking spaces or loading areas than the property had before the destruction. These provisions shall apply only if reconstruction begins within three years after the destruction and is completed without interruption; otherwise the building, use, lot, parking, site improvement, or accessory sign may only be reconstructed in compliance with the Zoning Code for the zoning district where it is located.
(c) Voluntary Destruction.
Any nonconforming structure, use, lot, parking area, site improvement, or accessory sign destroyed through means other than described in § 14-305(10)(a) (Applicability) shall be reconstructed in compliance with the Zoning Code for the zoning district where it is located.
(1) Enforcement.
In order to administer and enforce the provisions of this Zoning Code, L&I and the Water Department shall have the power to take any of the following actions, individually or in combination, and in any order. L&I's decision to take one of the listed actions shall not prevent it from taking additional listed actions in the future.
(a) Inspections.
(.1) L&I may conduct inspections to determine compliance with the provisions of this Zoning Code.
(.2) L&I is authorized to administer the enforcement actions of this § 14-306(1)(a) (Inspections) to remedy a violation resulting from a non-compliant stormwater system. The Water Department may conduct inspections of stormwater systems to determine compliance with the applicable provisions of this Zoning Code. The Water Department shall notify L&I of a violation of this Zoning Code that results from a non-compliant stormwater system.
(.3) In connection with the inspections of this § 14-306(1)(a) (Inspections), an authorized representative of L&I or the Water Department may enter into and upon and may inspect any land or structure during normal daylight working hours. The owner and occupants of the land or structure shall grant access to L&I or the Water Department for inspection pursuant to Section A-401.2.2 of the Administrative Code.
(b) Compliance Order to Property Owner.
L&I may make orders requiring an owner or occupant to comply with the provisions of this Zoning Code within 30 days of receipt of the violation notice or such other time as L&I shall prescribe in the violation notice. Such orders shall be served in accordance with the procedures established by Title 4, Subcode "A" (The Philadelphia Administrative Code). If the order is not complied with, L&I is authorized to take action to enforce compliance.
(c) Compliance Order to Permit Holder.
L&I may serve a written notice of violation on the holder of a zoning permit or whenever L&I determines that any person has violated any condition of that zoning permit. The notice shall state the nature of the violation and shall require the holder of the zoning permit to comply with all the requirements of the zoning permit within 30 days of receipt of the notice of violation, or such other time as L&I may prescribe in the notice. If at the expiration of the time afforded for compliance the violation has not been corrected, L&I may revoke the zoning permit. L&I shall serve the notice of violation and revocation of any zoning permit in accordance with § 14-306(1)(b) (Compliance Order to Property Owner) above.
(d) Suspension or Revocation of Permit or Approval.
A zoning permit or approval under this Zoning Code may be suspended or revoked by L&I for the reasons listed below. A suspended permit shall be reinstated by L&I when it finds, after inspection, that the conditions or violations that resulted in permit suspension have been corrected. Reasons for suspension or revocation of a permit or approval are:
(.1) Non-compliance with or failure to implement any provision of the permit or approval (including any plan approved as part of the permit);
(.2) A violation of any provision of this Zoning Code, or any other applicable law or regulation relating to the activity for which the permit is required; or
(.3) The creation of any condition or the commission of any act during the activity for which the permit is required that constitutes or creates a hazard or nuisance, or that endangers the life or property of others.
(.1) Issuance of a Cease Operations Order.
L&I may issue a cease operations order directing that occupancy, use, and other activities cease immediately, and that the premises be vacated pending compliance with the cease operations order in accordance with Section A-505 of the Philadelphia Administrative Code.
(f) Abatement of Signs.
(.1) Whenever any sign is erected or maintained in violation of the provisions of Chapter 14-900 or related regulations issued by L&I, L&I shall serve a written notice requiring the violator to bring the sign into compliance within 30 days of receipt of that notice. If the violation has not been corrected within 30 days, L&I may by itself or by contract remove the violating sign or, if it may be done with less expense, bring the sign into compliance. A pending appeal shall not stay enforcement other than as provided in § 14-303(15)(a)(.7). The costs incurred by L&I shall be charged against the sign owner and the Law Department may take any action to collect those costs from the owner authorized by law at the time of the violation. No permit for any similar sign at that place shall be granted until those costs have been paid to the City. Within 15 days after removal of any sign pursuant to these regulations, the owner may reclaim any materials salvaged by L&I after payment of the cost of removal incurred by L&I.
(.2) Notwithstanding the provisions of § 14-306(1)(f)(.1), if any violation of Chapter 14-900 results in an immediate peril to persons or property, L&I may require immediate compliance. If the owner does not immediately comply with the provisions of Chapter 14-900 creating the risk of peril, L&I may without any additional notice, and in addition to any other remedies available in this Zoning Code (a) correct the violation itself, or contract to have the violation corrected by a third party, and recover the costs and allow salvage of materials as described in § 14-306(1)(f)(.1), or (b) apply with the approval of the Law Department to any Court of Common Pleas of Philadelphia for relief by injunction or restraining order.
(2) Penalties.
Penalties for violations of this Zoning Code are provided for in Chapter 6 of Title 4, Subcode "A" (The Philadelphia Administrative Code).