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(1) Nothing in this Title shall be construed as conferring or attempting to confer upon any officer, department, board, or commission of the City, the power of eminent domain. All actions by any officer, department, board, or commission pursuant to this Title shall be deemed to be in the exercise of the police power.
(2) The provisions of this Title as far as they are the same as those of existing statutes or ordinances shall be construed as a continuation of such statutes or ordinances, and not as new enactments.
(3) Except as otherwise provided in the Charter, the provisions of this Title constitute the exclusive law with regard to zoning in Philadelphia. Accordingly, the Act of May 11, 1915, P.L. 285, entitled "An Act to authorize the regulation of the location, size, and use of buildings in cities of the first class" and the Act of May 6, 1929, P.L. 1551, entitled "An Act authorizing cities of the first class to adopt and enforce zoning ordinances; regulating and restricting the height, location, size; bulk and use of buildings and/or land, the areas to be occupied by buildings in proportion to the size of the lots upon which they stand, the size of courts, yards and other open spaces appurtenant thereto, and the density of population, and for these purposes, to establish districts and boundaries; to designate and regulate residential, commercial, and industrial or other uses within such districts and boundaries; and providing for the appointment of a zoning commission and a board of adjustment, the creation of a bureau of zoning, and setting forth the duties and functions of said commission, board and bureau; providing for the administration and enforcement of rules and ordinances authorized by this Act, and penalties for violation thereof", are hereby superseded.
(2) The Department shall maintain a map or maps showing the current zoning classifications of all land in the City.
(3) The Department shall maintain a current register of all non-conforming uses as specified in § 14-104(13)(b).
(4) The Department shall not issue any building permit required under The Philadelphia Code until zoning permits and use registration permits required under this Title have been issued.
(5) A use registration permit shall be required for every new use commenced on any land or in any structure except for use as a single family dwelling or place of worship.
(6) The Department shall issue a Zoning or Use Registration Permit upon the granting of a Zoning Board of Adjustment Certificate when all the other applicable provisions of this Title have been met.
(7) No permit, certificate, license or document relating to the use of property which is subject to the provisions of Chapters 14-100 through 14-2000 of this Title shall be issued by any other department, agency or board of the City until the Department shall have certified that the use to be made of the property is in full compliance with the provisions of this Title.
(8) Upon application, the Department shall certify to the district classifications of any property and the current zoning status of said property as shown by the official maps and records of the Department.
(1) All applications for any zoning or use registration permit under this Title shall be made to the Department.
(2) No zoning or use registration permits shall be issued unless:
(a) The owner or his agent authorized in writing files 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 the Department may require;
(b) Such plan is approved by the Department as showing compliance with the applicable provisions of this Title;
(c) The required fee is paid.
(3) The plan required hereunder, when approved by the Department, shall be final and conclusive. One copy of such plan, as approved, shall be returned to the applicant stamped as approved by the Department.
(4) Zoning and/or Use Registration Permits issued after the effective date of this ordinance with respect to construction and use of a property, or where interior alterations are involved, shall expire one year after the date of issuance, unless construction work is begun prior thereto and is carried on to completion without voluntary interruption except that the Department of Licenses and Inspections shall extend, in writing, the expiration date of a zoning and/or use registration permit, for one (1) year, upon written request of the permittee, provided the proposed construction is the same as that authorized under the permit. No permit shall be extended by the Department more than once. Use Registration Permits, where no construction or interior alterations are involved, shall expire three months from the date of issuance unless the approved use has begun. 644
(5) Whenever an application is filed for alterations to an existing structure which does not change the area, height, floor area or bulk of the structure and the existing use is legal and unchanged, the application will be designated as approved by a stamp stating "Permit Not Required".
(6) "One year rule". 645
(a) Definitions. For purposes of this subsection, the following definitions shall apply:
(i) "Board." Zoning Board of Adjustment.
(ii) "Finally denied." An application is "finally denied" on the date the Department denies the application, or, if the Department's denial is appealed, on the date of the last Board or court decision in the matter from which all appeals have been exhausted.
(iii) "One Year Rule." The rule established by this subsection requiring the Department to deny certain applications for zoning or use registration permits that are substantially similar to certain previously denied applications.
(b) Each application for a zoning or use registration permit shall include a written disclosure, in the form required by the Department, as to whether a substantially similar application was finally denied within one year prior to the date of the application, or whether, as of the date of the application, an appeal is pending (either before the Board or before a court) of the denial of a substantially similar application.
(c) After receiving an application for a zoning or use registration permit, the Department shall determine if a substantially similar application was finally denied (for reasons other than application of the One Year Rule) within one year prior to the date of the application, or if, as of the date of the application, an appeal is pending before the Board or a court of the denial of a substantially similar application. If it so determines, and if the application is not one that the Department may grant as of right, then the Department shall issue a refusal or referral and shall note thereon; a "Denied - One Year Rule".
(d) The issuance of a refusal or referral denoted, "Denied - One Year Rule", may be appealed to the Board. On such an appeal, the Board shall hold a hearing limited to two issues: (i) whether the Department properly applied the One Year Rule; and (ii) whether, because of materially changed circumstances, the application should be considered notwithstanding the One Year Rule. Following such hearing, the Board shall, in accordance with Section 14-1805(3), render a decision limited to those two issues, and shall, in accordance with Section 14-1806, detail the reasons for its decision in writing. If the Board's decision is that the application should not be denied on the basis of the One Year Rule, then the Board shall consider the appeal on the merits in accordance with its usual procedures, including the holding of an additional hearing in accordance with Section 14-1805, for which reposting shall be required in accordance with Section 14-1805(11) and applicable Board regulations, but for which no additional fee shall be imposed.
(e) The failure of the Department to deny an application on the basis of the One Year Rule may be raised by any aggrieved party in an appeal from the Department's issuance of a permit, or in an appeal to the Board from the Department's refusal to issue a permit for reasons other than application of the One Year Rule.
Notes
| 644 | Amended, Bill No. 090127 (approved June 3, 2009). Section 3 of Bill No. 090127 provides: "Sunset Provision. The provisions of this Ordinance shall expire three (3) years after this Ordinance becomes law." |
| 645 | Added, Bill No. 990844 (approved December 31, 1999). |
(1) In addition to the general duties and powers herein vested in the Department to administer and enforce the provisions of this Title, the Department shall have the power to: 646
(a) Conduct investigations and surveys to determine compliance with the provisions of this Title. In connection therewith, an authorized representative of the Department may enter into and upon and cause any land or structure to be inspected and examined during normal daylight working hours. A failure or refusal by the owner or occupier to permit such entry and inspection after the issuance by the Department of an order therefor shall constitute a violation of this Title. Such right of entry and inspection may be enforced by application to, and proper orders from, a court of proper jurisdiction.
(b) Make orders requiring compliance with the provisions of this Title within 30 days of receipt of violation. Such orders shall be served personally, or by registered or certified mail upon the person, firm or corporation deemed by the Department to be violating the provisions of this Title. If such person, firm or corporation is not the owner of the land or the structure where the violation is deemed to exist or to have occurred, a copy of the order shall be sent by registered or certified mail to the last registered owner of such land or structure and a copy thereof shall be posted on the premises. The date of mailing shall be deemed the date of service of any order sent by registered or certified mail. If the order is not complied with, a finding of violation shall be made and action begun to enforce compliance.
(c) Serve written notice of violation on the holder of a permit or Zoning Board of Adjustment certificate whenever the Department determines that any person has violated any condition of such zoning permit, use registration permit, or certificate. The notice shall state the nature of the violation which exists and that compliance shall be achieved within 30 days of receipt of the notice of violation with all of the requirements of such permits or certificate. If at the expiration of the time afforded for compliance the violation has not been corrected, the Department may revoke the permit or certificate. The notice of violation and revocation of any permit or certificate hereunder may be served in accordance with Paragraph (b) above.
(d) Institute any appropriate action or proceedings in a Court of Common Pleas or the County Court of Philadelphia at law or in equity to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use of any building, structure or land to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises. The imposition of any penalty hereunder shall not prevent the Department from instituting any appropriate action or proceeding to require compliance with the provisions of this ordinance and with administrative orders and determinations made hereunder. 647
(2) Cease Operations Orders. 648
(a) General. The Department is authorized to issue Cease Operations Orders directing that occupancy, use and other activities cease immediately and that the premises be vacated pending compliance with such orders whenever:
(.1) Any occupancy, use or other activity is being performed in or on any building, structure or land, or any part thereof, without required permits.
(b) Orders by the Department.
(.1) The Cease Operations Order shall describe the occupancy, use or other activity that is being performed without required permits, the manner of correction and the conditions under which occupancy, use or other activity can be resumed. If the Department observes a condition which requires immediate action, the Order may be oral in the first instance.
(.2) The Cease Operations Order shall be served on the person from whom action, forbearance or compliance is required and the owner of the premises. Upon notice of the Cease Operations Order, all occupancy, use or other activity shall stop immediately and the premises shall be vacated and closed to the public until there has been compliance with the terms of the Cease Operations Order.
(.3) The Cease Operations Order shall be posted at the premises in conspicuous places clearly visible to the public. The Cease Operations Order shall remain posted on the premises until there has been compliance with its terms.
(.4) The Department shall promptly notify the Police of the issuance of every Cease Operations Order. The Police, upon the request of the Department, shall render assistance in the enforcement of any Cease Operations Order and shall have the right to enter the premises for such purpose and to arrest anyone violating any Cease Operations Order as provided in this Section.
(.5) The Department may, in addition to issuing a Cease Operations Order, revoke any permits which may previously have been issued. Revoked permits shall not be reinstated except upon compliance with the terms of the Cease Operations Order and payment of required fees.
(c) Prohibited conduct. No person with knowledge of a Cease Operations Order shall:
(.1) Continue any occupancy, use or other activity in or about any building, structure or land or part thereof, after a Cease Operations Order has been issued, except work required to comply with the Cease Operations Order;
(.2) Enter any building, structure or land, or part thereof, on which a Cease Operations Order has been posted, except for the purpose of complying with the Cease Operations Order;
(.3) Permit any building, structure, or land, or part thereof, to be occupied by the public until the Cease Operations Order has been lifted by the Department;
(.4) Remove, damage or deface any Cease Operations Order;
(.5) Resist or interfere with any inspector or other official in the performance of their duties or the enforcement of any provision of this Section.
(.1) Any violation of subsection 14-1704(2) shall constitute a summary offense and any person upon conviction shall be subject to a sentence of a fine of three hundred ($300) dollars and/or imprisonment for a term up to ninety (90) days;
(.2) Any person who violates subsection 14-1704(2)(c) shall be subject to immediate arrest by the Police and issued a citation and summons in such a manner as provided by the Pennsylvania Rules of Criminal Procedure applicable in Philadelphia to summary offenses;
(.3) Each day of violation shall constitute a separate offense for which the violator may be arrested, citation and summons issued, and fine and/or imprisonment imposed.
Notes
| 646 | Amended, 1964 Ordinances, p. 408. |
| 647 | Amended, 1963 Ordinances, p. 989. |
| 648 | Added, 1989 Ordinances, p. 1442. |
(1) Appeals to the Zoning Board of Adjustment may be taken by any person aggrieved by, or by any officer, department, board, or commission of the City affected by any decision of the Department rendered under this Title.
(2) Any such appeal shall be taken within a reasonable time after the date of the decision by filing with the Zoning Board of Adjustment a notice of appeal specifying the grounds therefor.
(3) The Department shall forthwith transmit to the Zoning Board of Adjustment all the papers, or photostat copies thereof, constituting the record upon which the action appealed from was taken, and the reasons for the said action.
(4) An appeal to the Zoning Board of Adjustment shall not stay any proceedings in furtherance of the action appealed from, except that the Zoning Board, upon application of the appellant, shall have the power to issue a stay upon a showing of good cause and likelihood of success on the merits of the appeal. 649
Notes
| 649 | Amended, Bill No. 990719 (approved December 24, 1999). |
The department is authorized to require a non-refundable filing fee to be charged upon application for a zoning permit. The amount of the fee shall be determined by regulations of the department. The filing fee shall be applied as a credit to the permit fee. The following are the fees to be paid under the requirements of this Title; except that no permit fees shall be required of any person applying for a use registration permit for a family day care home pursuant to Section 14-203(1)(g) and any school based mental health clinic.
(a) For permit processing and document reviews:
1. Zoning Permits
Parcels containing one- or two-family dwellings. . . . .$30.00
All other parcels equal to or less than 30,000 square feet. . . . .$125.00
All other parcels greater than 30,000 square feet. . . . .$250.00
2. Use Registration Permits (For each use in new construction and for each use change in an existing structure). . . . .$125.00
3. Accessory sign permit. . . . .$200.00
4. Outdoor advertising sign permit. . . . .$315.00
5. Preliminary zoning review. . . . .$250.00
6. Request for Zoning Board of Adjustment administrative review. . . . .$65.00
7. Review of amended plot plans. . . . .$65.00
8. Certification of Zoning District Classification. . . . .$100.00
9. Inspection fee – In addition to the permit fee, an inspection fee equal to the permit fee shall be imposed whenever a new use (except single family dwellings) or construction commences without the required permits.
(a) Reserved.
(b) Application for a "Certification Statement" required for transfer of real estate pursuant to Pennsylvania Act 652 of 1961, one hundred ($100.00) dollars. 651
(.1) For properties containing a one- or two-family dwelling only: $125.00.
(.2) For any property not included in item (.1): $250.00.
(.3) The fee for each accelerated hearing before the Board shall be $625.00 in addition to the fee specified in (.1) or (.2) above. The maximum accelerated hearing fee for simultaneous hearings resulting from multiple permit applications shall be $1,875.00.
(d) For a reposting of notices of Zoning Board of Adjustment hearings pursuant to § 14-1805(11), $65.00.
(e) For certification that a permit is not required, $25.00.
Notes
| 650 | Amended, 1989 Ordinances, p. 788; amended, 1992 Ordinances, p. 550; amended, Bill No. 695 (approved July 25, 1995), 1995 Ordinances, p. 1080; amended, Bill No. 000350 (approved August 11, 2000), effective July 1, 2000; amended, Bill No. 080165 (approved June 18, 2008); amended, Bill No. 080853 (approved December 8, 2008). |
| 651 | Amended, Bill No. 080165 (approved June 18, 2008). |
| 652 | Former subsection (c) deleted and subsequent subsections renumbered, Bill No. 080165 (approved June 18, 2008); amended, Bill No. 080853 (approved December 8, 2008). |
(1) In addition to any other sanction and/or remedial procedure provided, any person who violates any provision of this Title, any regulations adopted thereunder, or any condition of any permit or certificate required thereunder, shall be subject to a fine of not less than one hundred fifty (150) dollars nor more than three hundred (300) dollars for each violation.
(2) Each week that any person shall fail, neglect or refuse to comply with the provisions of this Title shall constitute a separate violation, for which a separate fine or penalty may be imposed.
(3) Notwithstanding the provisions of Sections 14-1707(01) and (2) of this Title, in addition to any other sanctions and/or remedial procedure provided, any person who violates any of the provisions of this Title listed below, any regulation adopted thereunder, or any condition of any permit or certificate required thereunder, shall be subject to a fine of three hundred dollars ($300) per day for every day that any such person shall fail, neglect or refuse to comply with the said provisions, regulations or conditions. The provisions of this Title to which this Section apply are the following: 654
(a) 14-302(5);
(b) 14-303(2)(r);
(c) 14-303(8);
(d) 14-304(1)(g);
(e) 14-304(7);
(f) 14-305(7);
(g) 14-306(7);
(h) 14-306.1(8);
(i) 14-306.2(8);
(j) 14-307(7);
(k) 14-308(5);
(l) 14-309(6);
(m) 14-2009(5);
(n) 14-2009(6);
(o) 14-2009(7); and
(p) 14-1607(8).
(4) Repeat Offenders. Any person who commits, on more than one occasion, a violation of any provision of this Title, any regulations adopted thereunder, or any condition of any permit or certificate required thereunder, shall be guilty of a separate offense of Repeat Violation, and for each such Repeat Violation, shall be subject to a fine of not more than three hundred (300) dollars, or imprisonment for not more than ninety (90) days, or both. A person shall be guilty of a Repeat Violation regardless whether the second or subsequent violation occurs before or after a judicial finding of a first or previous violation. Each violation, after the first, shall constitute a separate Repeat Violation offense.
Notes
| 653 | Amended, 1990 Ordinances, p. 715; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081. |
| 654 | Added, 1985 Ordinances, p. 7. |
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