(5) Department of Licenses and Inspections.

(a)   General Authority.

L&I is established by Section 3-100 of the Philadelphia Home Rule Charter and has those powers set forth in § 14-103(3) (Department of Licenses & Inspections).

(b)   Authority for Final Action.

L&I is responsible for final action regarding zoning permits. See § 14-303(6) (Zoning Permits).

(6) Board of License and Inspection Review.

(a)   General Authority.

The Board of License and Inspection Review is established by Section 3-100 of the Philadelphia Home Rule Charter.

(b)   Authority for Final Action.

The Board of License and Inspection Review has responsibility for final action regarding appeals of decisions of the Historical Commission. See § 14-1008 (Appeals).

(7) Historical Commission. 169

(a)   General Authority.

The Historical Commission is the City of Philadelphia's historic preservation regulatory agency. Its creation and duties are described in Chapter 14-1000 (Historic Preservation).

(b)   Zoning Permit Review Authority.

The Historical Commission shall certify to L&I whether a building or structure is designated historic or contributes to the character of a historic district wherever such certification is necessary for the purposes of L&I's review of zoning permits. See § 14-604(11)(d)(.1), § 14-602(7),  170 and § 14-801(2)(d).

 

Notes

169	Amended, Bill No. 210075 (approved March 29, 2021).
170	Enrolled bill referenced § 14-602(8); reference corrected by Code editor.

(8) Art Commission.

(a)   General Authority. 171

The Art Commission is established by Sections 3-100 and 3-910 of the Philadelphia Home Rule Charter and has those powers set forth in Section 4-606 of the Philadelphia Home Rule Charter.

(b)   Prerequisite Approval Authority.

The Art Commission provides prerequisite approvals for:

(.1)   Building permits regarding the erection or alteration of any building or other construction, including open spaces, abutting the Benjamin Franklin Parkway Area or the Independence Hall Area of the /CTR overlay district as set forth in § 14-502(8) (Special Review Areas).

(.2)   Zoning permits regarding signs in the following areas:

(.a)   The Convention Center Area, Center City Commercial Area, Parkway Buffer, South Street/Head House Square Area, Vine Street Area, Washington Square, and Independence Hall Area of the /CTR overlay district, as set forth in § 14-502(7) (Sign Regulations);

(.b)   Reserved; and 172

(.c)   The Cobbs Creek Parkway, Roosevelt Boulevard Area, and Fairmount Park Area set forth in § 14-904(4) (Special Controls for Cobbs Creek, Roosevelt Boulevard, and Department of Parks and Recreation Land) 173 .

(.3)   Zoning permits regarding public art submitted to meet the requirements of § 14-405 (SP-ENT, Entertainment (Special Purpose) District).

(.4)   Zoning permits regarding public art submitted to meet floor area bonus provisions of § 14-702 (Floor Area Bonuses).

 

Notes

171	Amended, Bill No. 210075 (approved March 29, 2021).
172	Subsection (8)(b)(.2)(.b) originally read "The Passyunk Avenue area of the /NCA overlay district set forth in § 14-503(5) (Passyunk Avenue)", but § 14-503(5) was repealed by Bill No. 120430-A; deleted by Code editor.
173	Cross-reference previously read § 14-904(7) (Signs Requiring Special Review and Approval); updated by Code editor.

(9) Streets Department.

(a)   General Authority.

The Streets Department is established by Section 3-100 of the Philadelphia Home Rule Charter and has those powers set forth in Title 11 and Title 12 of The Philadelphia Code.

(b)   Prerequisite Approval Authority.

The Streets Department provides prerequisite approvals for:

(.1)   Zoning permits regarding open-air parking that provides spaces for more than three vehicles as required by § 14-803(4)(a)(.3) (Approval by the Streets Department).

(.2)   Parking elements of SP-ENT master plans. See § 14-405 (SP-ENT, Entertainment (Special Purpose) District).

(.3)   Parking elements of SP-STA master plans. See § 14-406 (SP-STA, Sports Stadium (Special Purpose) District).

(.4)   Building permits regarding parking garages in RMX-3, CMX-3, CMX-4, and CMX-5 districts and parking garages of at least 250 parking spaces on lots in or adjacent to any other residential or commercial district. See § 14-803(4)(b)(.4) (Parking Garage Review). 174

(.5)   Zoning permits regarding bicycle parking facilities in the public right-of-way that are proposed to satisfy the bicycle parking requirements of § 14-804 (Bicycle Parking).

 

Notes

174	Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 150766 (approved December 8, 2015).

(10) Water Department.

(a)   General Authority.

The Water Department is established by Section 3-100 of the Philadelphia Home Rule Charter.

(b)   Review Authority.

The Water Department provides prerequisite approvals for zoning and building permits regarding:

(.1)   Stormwater runoff, erosion, and sedimentation impacts. See § 14-704(3) (Stormwater Management).

(.2)   Requests for additional impervious surfaces in the /WWO overlay district. See § 14-510 (/WWO, Wissahickon Watershed Overlay District).

(.3)   Review of anticipated stormwater discharge for developments covered by § 14-507(12) (Optional Special Standards, Review, and Exemptions). 175

(.4)   Review of stormwater management systems for developments that seek to earn a Stormwater Management bonus. See § 14-702(14) (Stormwater Management). 176

 

Notes

175	Added, Bill No. 190811-A (approved December 30, 2019).
176	Added, Bill No. 190811-A (approved December 30, 2019).

(11) Department of Planning and Development. 177

(a)   General Authority.

The Department of Planning and Development is established by § 3-100 of the Philadelphia Home Rule Charter.

(b)   Review Authority.

The Department of Planning and Development provides prerequisite approvals for zoning and building permits regarding developments earning the Mixed Income Housing bonus.

 

Notes

177	Added, Bill No. 210075 (approved March 29, 2021).

§ 14-302. Procedures Summary Table.

Table 14-302-1 summarizes the roles of the recommending and decision bodies listed in § 14-301 (Reviewers and Decision Makers) in specific types of Zoning Code applications. In the event of conflict between the provisions of that table and the text of this Zoning Code, the text shall govern.

(1)   In Table 14-302-1 (Procedures Summary Table), the following abbreviations have the following meanings:

(a)   The letter "S" indicates that sign notice of the application must be provided pursuant to § 14-303(13)(c) (Sign Notice).

(b)   The letter "N" indicates that newspaper notice of the application must be provided pursuant to § 14-303(13)(d) (Newspaper Notice).

(c)   The letter "W" indicates that web notice of the application must be provided pursuant to § 14-303(13)(e) (Web Notice).

(d)   The letter "R" indicates that the body has authority to make a recommendation to another body regarding the application, but does not have the power to make a decision on the application. Generally, recommendations are not final decisions subject to appeal under § 14-303(15) (Appeals).

(e)   The letter "D" indicates that the body has authority to make a decision regarding the application.

(f)   The letter "A" indicates that the body is authorized by either the Philadelphia Home Rule Charter, The Philadelphia Code, or the laws of Pennsylvania to hear appeals of that type of decision.

(g)   The letter "P" indicates that the body has the authority to provide prerequisite approval regarding the application.

(2)   This table is not intended to create or grant legal rights different from those established by other sections of The Philadelphia Code, but to clarify how existing laws of the City and Commonwealth apply to these types of applications.

Table 14-302-1: Procedures Summary Table 178

{For printable PDF version, click HERE}

Type of Application	Code Section	Public Notice Required § 14-303(13) N = Newspaper S = Sign W = Web	Neighborhood Notice and Meeting Required? § 14-303(12) Y = Yes	Recommendation, Decision, and Appeal Authority R = Recommendation P = Prerequisite approval D = Decision A = Appeal
				L&I	Zoning Board	Civic Design Review Committee	Commission	Council
Zoning Permits	§ 14-303(6)			D	A
Special Exception Approval	§ 14-303(7)	S	Y		D		R
Zoning Variance	§ 14-303(8)	S	Y		D		R
Zoning Amendment
Map Amendment	§ 14-304(3)	N					R	D
Text Amendment	§ 14-304(3)	N					R	D
Master Plan Amendments
Minor Amendments	§ 14-304(4)	W					D
Major Amendments	§ 14-304(4)	N				R	R	D
Civic Design Review	§ 14-304(5)	W	Y			R
Lot Adjustments	§ 14-304(6)			D			P
Subdivisions	§ 14-304(7)						D

 

 

Notes

178	Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 150766 (approved December 8, 2015).

§ 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.