§ 14-102. Citation and Title. 3

Title 14 of The Philadelphia Code shall be known as the "Zoning Code".

 

Notes

3	Amended, Bill No. 120774-A (approved January 14, 2013).

§ 14-103. Authority.

(1) Authority.

This Zoning Code is enacted pursuant to the powers granted and limitations of the Philadelphia Home Rule Charter ("Charter").

(2) Construction of Authority.

(a)   Nothing in this Zoning Code shall be construed to confer or attempt 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 Zoning Code shall be deemed to be in the exercise of the police power.

(b)   The provisions of this Zoning Code, insofar as they are the same as those of the prior Zoning Code, shall be construed as a continuation of those provisions, and not as new enactments.

(3) Department of Licenses & Inspections.

(a)   The Department of Licenses & Inspections ("L&I") has the power and duty of administering and enforcing the provisions of this Zoning Code, with the exception of those provisions relating to the approval of land subdivisions (see § 14-304(7) (Subdivisions and Subdivision Plats)) and any powers specifically granted to another department, agency, board, or commission of the City under this Zoning Code.

(b)   No permit, certificate, license, or document relating to the use of property which is subject to the provisions of this Zoning Code shall be issued by any other department, agency, board, or commission of the City until L&I shall have certified that the use to be made of the property is in full compliance with the provisions of this Zoning Code.

(c)   L&I shall administer and enforce the requirement that a use registration permit be obtained for every new use commenced on any land or in any structure, except for a single-family use.

(d)   L&I shall administer and enforce the requirement that a zoning permit shall be obtained for every new structure or alteration or addition to an existing structure that results in a change to gross floor area commenced on any land within the City.

(e)   L&I shall issue a zoning permit or use registration permit for a special exception only after the Zoning Board has approved the application and when all the other applicable provisions of this Zoning Code have been met.

(f)   L&I shall issue building permits and Certificates of Occupancy only after zoning permits and use registration permits required under this Zoning Code have been issued by L&I.

(g)   Upon application, L&I shall issue a certification noting the zoning district classifications of any property and the current zoning status of that property as shown by the official zoning map and records of L&I.

(h)   L&I is authorized to promulgate such regulations as are necessary and appropriate to implement the provisions of the Zoning Code. Any administrative manual or any other advisory publication prepared as a guide for this Zoning Code shall be posted on the City's website and shall not be binding, unless promulgated in accordance with the provisions of Section 8-407 of The Philadelphia Home Rule Charter.

(4) Zoning Board of Adjustment.

(a)   The Zoning Board may, after public notice and public hearing:

(.1)   Hear and decide appeals in zoning matters where error is alleged in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Zoning Code or related regulation;

(.2)   Grant special exceptions required under this Zoning Code;

(.3)   Authorize variances from the terms of this Zoning Code; and

(.4)   Hear and decide appeals in any matter where it has been given special jurisdiction by any ordinance or Pennsylvania Law.

(b)   The Zoning Board shall have the power to adopt regulations as set forth in the Philadelphia Home Rule Charter.

§ 14-104. Applicability and Jurisdiction.

(1) Applicability.

All development and every principal and accessory use conducted within a structure or on a lot must conform with this Zoning Code.

(2) Compliance Required. 4

No building or structure may be erected, converted, enlarged, reconstructed, or altered for use, nor may any land, building, or structure be used or changed, except in accordance with all of the applicable regulations established by this Zoning Code, unless otherwise expressly stated, and, except for single- family residential uses, without first obtaining a use registration or zoning permit from L&I in accordance with the procedures set forth in § 14-303(6) (Zoning Permits). No lot of record that did not exist on the effective date of this Zoning Code shall be created, by subdivision or otherwise, that does not conform to the applicable requirements of this Zoning Code, unless allowed by § 14-110 (Transition from Prior Regulations).

 

Notes

4	Amended, Bill No. 120774-A (approved January 14, 2013).