§ 14-303. Common Procedures and Requirements.
Procedures that are common to several types of applications for permits, approvals, or variances are provided for in this section.
(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).
(b) Other Applications. 179
An application for any other approval listed in § 14-304 (Specific Procedures) may only be filed by (a) a department or agency of the City or (b) the property owner, except as provided in § 14-303(1)(c) (Equitable Owners, Authorized Agents, and Conservators).
(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.
Notes
179 | Amended, Bill No. 120774-A (approved January 14, 2013).
(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.
Notes
180 | Amended, Bill No. 120431 (approved June 27, 2012), effective August 22, 2012; deleted, Bill No. 120774-A (approved January 14, 2013); added, Bill No. 200417 (became law November 12, 2020), effective January 1, 2022.
(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
(b) Types of Zoning Permits. 182
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.
(c) Optional Conditional Zoning Permit Process. 183
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);
(.c) The floor area, height, and dwelling unit density bonus provisions of § 14-702 (Floor Area, Height, and Dwelling Unit Density Bonuses), as applicable; 184
(.d) The open space and natural resource protection standards of § 14-704(2) (Steep Slope Protection), § 14-704(4) (Flood Protection), and § 14-704(5) (Waterfront Setbacks), as applicable; 185
(.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.
(f) Posting of Permits. 188
(.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.
(.3) Posting of As of Right Permits by L&I. 190
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.
(g) The Two Year Rule. 190.1
(.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.
Notes
181 | Amended, Bill No. 130764 (approved December 18, 2013).
182 | Amended, Bill No. 120774-A (approved January 14, 2013).
183 | Amended, Bill No. 110835-A (approved December 21, 2011), effective August 22, 2012.
184 | Amended, Bill No. 210075 (approved March 29, 2021).
185 | Amended, Bill No. 120654 (approved December 11, 2012).
186 | Amended, Bill No. 110835-A (approved December 21, 2011), effective August 22, 2012.
187 | Added, Bill No. 160138-A (approved June 28, 2016), effective January 1, 2017.
188 | Amended, Bill No. 110835-A (approved December 21, 2011), effective August 22, 2012; amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 150643 (approved December 23, 2015).
189 | Cross reference had read § 14-303(12)(a); revised by Code editor to conform to Bill No. 130657 (approved January 31, 2014).
190 | Added, Bill No. 140407 (approved September 10, 2014), effective March 10, 2016.
190.1 | Amended, Bill No. 250293 (approved June 26, 2025).
191 | Amended, Bill No. 180295-AAA (became law October 18, 2018).
(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.
(e) Criteria for Review and Action by the Zoning Board. 192
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.
Notes
192 | Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017.
(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.
(.1) General Criteria. 193
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.
Where all or part of the property is located in an area subject to flooding as provided in § 14-704(4) (Flood Protection) the Zoning Board shall only approve a variance if it determines that the application meets the following criteria in addition to those in § 14-303(8)(e) (Criteria for Approval).
(.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).
(i) Additional Criteria for Steep Slope Variances. 195
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.
(j) Additional Criteria for Height Variances Near Certain Heliports. 196
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).
(k) Additional Criteria for Variances in the /MIN, Mixed Income Neighborhoods Overlay District. 197
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.
Notes
193 | Amended, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017.
194 | Amended, Bill No. 130725 (approved December 4, 2013).
195 | Amended, Bill No. 210075 (approved March 29, 2021).
196 | Added, Bill No. 210482-A (approved July 1, 2021). Enrolled bill numbered this as subsection (i); renumbered by Code editor.
197 | Added, Bill No. 210633-A (approved January 18, 2022), effective July 18, 2022. Enrolled bill numbered this as subsection (a); renumbered by Code editor.
(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.
Notes
197.1 | Amended, Bill No. 250041 (became law September 11, 2025), effective December 11, 2025.
(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.
Notes
198 | Added, Bill No. 150766 (approved December 8, 2015).
(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
(g) Legal Fund. 203
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.
(h) Regulations. 204
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.
Notes
199 | Added, Bill No. 130657 (approved January 31, 2014). Section 2 of Bill No. 130657 provides: "Effective Date. This Ordinance shall take effect March 1, 2014, subject to the following: (a) No organization that had registered as a "Registered Community Organization" ("RCO") under the provisions of § 14-303(12)(a) of The Philadelphia Code as that Section existed before the amendments in Section 1 took effect shall be recognized as an RCO after March 1, 2014 unless the organization re-registers and qualifies as an RCO under the provisions of § 14-303(11A) as added by Section 1. (b) Upon the date this ordinance becomes law, the City Planning Commission is authorized to accept and act upon RCO registration requests under the provisions of § 14-303(11A) as added by Section 1, provided that such registrations shall not become effective before March 1, 2014."
200 | Amended, Bill No. 170285 (approved June 14, 2017).
201 | Amended, Bill No. 170285 (approved June 14, 2017).
201.1 | Added, Bill No. 240020-A (approved April 23, 2024).
202 | Added, Bill No. 180504 (became law October 18, 2018).
203 | Added, Bill No. 220417 (became law September 15, 2022).
204 | Added, Bill No. 170285 (approved June 14, 2017); renumbered and amended, Bill No. 180504 (became law October 18, 2018).
(12) Neighborhood Notice and Meetings.
(a) Applicability. 206
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);
(.4) Are subject to the provisions of § 14-504 (/NCO, Neighborhood Conservation Overlay District) and for which the applicant requests a review of a building permit by the Commission pursuant to the provisions of § 14-504(3)(b)(.2); or
(.5) Require Planning Commission approval pursuant to the provisions of § 14-546 (/UCO, University-Community Overlay District). 206.1
(b) Required Notice from the Planning Commission to Applicants and Others. 207
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
(.a) The name and address of the applicant and the Owner Information required pursuant to § 14-303(5); 215
(.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.
(g) Regulations. 224
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.
Notes
205 | Amended, Bill No. 120889 (became law January 24, 2013), effective March 25, 2013; repealed and replaced, Bill No. 130657 (approved January 31, 2014). See note 199 for effective date provisions.
206 | Amended, Bill No. 200576 (approved January 20, 2021).
206.1 | Added, Bill No. 250804-A (became law January 22, 2026).
207 | Amended, Bill No. 200576 (approved January 20, 2021).
208 | Amended, Bill No. 170285 (approved June 14, 2017); amended, Bill No. 180515 (approved March 19, 2019).
209 | Added, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017; amended, Bill No. 200576 (approved January 20, 2021).
210 | Added, Bill No. 180295-AAA (became law October 18, 2018). Enrolled bill read "§ 14-303(13)(.2)"; reference corrected by Code editor. Amended, Bill No. 200576 (approved January 20, 2021).
211 | Amended, Bill No. 150499 (approved November 10, 2015); renumbered and amended, Bill No. 180295-AAA (became law October 18, 2018).
212 | Amended, Bill No. 180295-AAA (became law October 18, 2018).
213 | Added, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017.
214 | Renumbered, Bill No. 180295-AAA (became law October 18, 2018).
215 | Amended, Bill No. 200417 (became law November 12, 2020).
216 | Amended, Bill No. 180295-AAA (became law October 18, 2018).
217 | Amended, Bill No. 180295-AAA (became law October 18, 2018).
218 | Amended, Bill No. 180295-AAA (became law October 18, 2018).
219 | Added, Bill No. 180295-AAA (became law October 18, 2018).
220 | Amended, Bill No. 200576 (approved January 20, 2021).
221 | Added, Bill No. 180295-AAA (became law October 18, 2018). Enrolled bill read "§ 4-303(12)">14-303(12) (.b)"; reference corrected by Code editor.
222 | Added, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017; renumbered, Bill No. 180295-AAA (became law October 18, 2018).
223 | Amended, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017; amended, Bill No. 200576 (approved January 20, 2021).
224 | Amended, Bill No. 161003-A (approved May 8, 2017). Enrolled bill read "...§ 14-303 (Common Procedures and Practice)...."; revised by Code editor to reflect the actual caption of § 14-303.
(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.
(.a) Original Hearing. 227
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.
(.5) Sign Removal. 230
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.
(.6) Posting of Referral or Refusal. 231
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).
(d) Newspaper Notice. 232
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.
(e) Web Notice. 233
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
Notes
225 | Amended, Bill No. 200417 (became law November 12, 2020).
226 | Amended, Bill No. 120774-A (approved January 14, 2013).
227 | Amended, Bill No. 180295-AAA (became law October 18, 2018).
228 | Amended, Bill No. 150264 (approved June 16, 2015).
229 | Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 150264 (approved June 16, 2015); amended, Bill No. 180295-AAA (became law October 18, 2018).
230 | Amended, Bill No. 120774-A (approved January 14, 2013).
231 | Added, Bill No. 160865 (approved December 20, 2016), effective February 18, 2017.
232 | Amended, Bill No. 120774-A (approved January 14, 2013).
233 | Amended, Bill No. 120774-A (approved January 14, 2013).
234 | Added, Bill No. 180295-AAA (became law October 18, 2018). Enrolled bill read "...under the provisions of § 14-303(a)...."; reference corrected by Code editor.
(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.
(k) Hearings on appeals relating to the Two Year Rule set forth in § 14-303(6)(g) (The Two Year Rule) shall be conducted in accordance with the procedures set forth in that subsection. 236
(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.
Notes
234.1 | Amended, Bill No. 240656 (approved November 13, 2024).
234.2 | Amended, Bill No. 240466 (approved June 14, 2024). Enrolled bill failed to note deletion of existing subsection (14)(b), which read: “Three members of the Zoning Board shall constitute a quorum for any public hearing required under this Zoning Code.” Corrected by Bill No. 240656 (approved November 13, 2024).
235 | Amended, Bill No. 150264 (approved June 16, 2015).
236 | Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 250293 (approved June 26, 2025).
237 | Amended, Bill No. 190506 (approved November 6, 2019).
(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.
Notes
238 | Amended, Bill No. 120774-A (approved January 14, 2013).
239 | Amended, Bill No. 120774-A (approved January 14, 2013).
240 | Added, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017.
241 | Added, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017.
242 | Amended, Bill No. 130804 (approved December 18, 2013).
(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.
Notes
243 | Added, Bill No. 180498-AAA (became law October 18, 2018).
244 | Amended, Bill No. 200260 (approved October 15, 2020).
245 | Amended, Bill No. 200260 (approved October 15, 2020).
