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(a) Applicability.
The procedures of this subsection apply to all applications for uses authorized by special exception.
(b) Referral by L&I.
Once a use application has been filed with L&I, and L&I confirms that the use is subject to the special exception approval procedures of this § 14-303(7) (Special Exception Approval) and L&I provides a referral to the applicant, the applicant has 30 days to file an appeal to the Zoning Board for special exception approval.
(c) Review by the Commission.
The Commission shall review each application for a special exception and shall make a recommendation to the Zoning Board as to whether the application meets the criteria for a special exception listed in § 14-303(7)(e) (Criteria for Review and Action by the Zoning Board) and all applicable requirements for the proposed use, including any use-specific standards in § 14-603 (Use-Specific Standards).
(d) Hearing and Action by the Zoning Board.
Following the filing with the Zoning Board of an application for a special exception, the applicant shall provide public notice in accordance with § 14-303(13) (Public Notice), and the Zoning Board shall hold a public hearing pursuant to § 14-303(14) (Public Hearings). The applicant shall also notify any Registered Community Organization(s) of the application for a special exception and meet with such Registered Community Organization(s) in accordance with § 14-303(12) (Neighborhood Notice and Meetings). The Zoning Board may approve, approve with conditions, consistent with § 14-303(9) (Conditions on Approvals), or disapprove the application.
The Zoning Board must approve, or approve with conditions, the application for a special exception if it determines that the criteria in § 14-303(7)(e)(.1) and § 14-303(7)(e)(.2) below have been met, unless the Zoning Board finds that the objectors, if any, satisfied the criteria in § 14-303(7)(e)(.3). The Zoning Board shall, in writing, set forth each required finding for each special exception that is granted, set forth each finding that is not satisfied for each special exception that is denied, and to the extent that a specific finding is not relevant to the decision, shall so state. The Zoning Board shall file with each decision approving a special exception any Project Information Form prepared by the applicant pursuant to Section 18-503, but need not attach the Form to the decision; filing of the Form shall not constitute incorporation of its contents into the decision and those contents shall not be binding.
(.1) Specific Conditions of Use.
The applicant shall have the initial duty of presenting evidence, and the burden of proof, that the proposed use meets the definition for a use permitted by special exception, that all dimensional standards are satisfied, and that the application complies with all the criteria and meets all the conditions applicable to the proposed use, including all applicable use-specific standards in § 14-603 (Use-Specific Standards).
(.2) Specific Detrimental Impacts on the Neighborhood.
The applicant shall have the initial duty of presenting objective evidence, and the burden of proof, that the grant of a special exception will not cause the following specific detrimental impacts to the neighborhood beyond that which normally might be expected from the proposed use:
(.a) Congestion in the public streets or transportation systems;
(.b) Overcrowding the land;
(.c) Impairing an adequate supply of light and air to adjacent property;
(.d) Burdening water, sewer, school, park, or other public facilities;
(.e) Impairing or permanently injuring the use of adjacent conforming properties;
(.f) Endangering the public health or safety by fire or other means; or
(.g) Inconsistency with the Comprehensive Plan of the City.
(.3) General Detrimental Impacts on the Neighborhood.
Once the applicant meets such initial duty and burden of proof, the objectors, if any, shall have the duty of presenting objective evidence, and the burden of proof, that the proposed use is substantially likely to cause a detrimental impact on the health, safety, and welfare of the neighborhood exceeding that which normally might be expected from the proposed use. The objectors also may present evidence, and have the burden of proof, that the proposed use fails to conform with the purpose, spirit, and intent of this Zoning Code.
Notes
| 192 |
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(a) Applicability.
The procedures of this subsection apply to all applications for a variance from the terms of this Zoning Code as they affect a specific lot, but not including applications for (a) waivers from the subdivision standards, which are not subject to Zoning Board review and which are addressed in § 14-304(7)(h) (Waiver of Subdivision Standards), and (b) variations from the historic preservation regulations, which are not subject to Zoning Board review and which are addressed in Chapter 14-1000 (Historic Preservation).
(b) Refusal by L&I.
Once a zoning permit application has been filed with L&I, and L&I confirms that the application does not comply with one or more provisions of the Zoning Code and provides a refusal to the applicant, the applicant has 30 days to file an appeal to the Zoning Board for variance approval.
(c) Review by the Commission.
The Commission shall review each application for a variance and shall make a recommendation to the Zoning Board as to whether the application meets the general criteria for a variance listed in § 14-303(8)(e) (Criteria for Approval) as well as any specific criteria in §§ 14-303(8)(f) (Additional Criteria for Floodplain Variances) through 14-303(8)(h) (Additional Criteria for Height Variances Near the Airport) applicable to the type of use or facility for which the variance request is made.
(d) Hearing Before the Zoning Board.
Following the filing with the Zoning Board of an application for a variance, the applicant shall provide public notice in accordance with § 14-303(13) (Public Notice), and the Zoning Board shall hold a public hearing pursuant to § 14-303(14) (Public Hearings). The applicant shall also notify any Registered Community Organizations of the application for a variance and meet with such Registered Community Organization(s) in accordance with § 14-303(12) (Neighborhood Notice and Meetings).
(e) Criteria for Approval.
The Zoning Board shall grant a variance only if it determines that the applicant has demonstrated that the criteria of this § 14-303(8)(e) (Criteria for Approval) have been met and that any applicable criteria in §§ 14-303(8)(f) (Additional Criteria for Floodplain Variances) through 14-303(8)(h) (Additional Criteria for Height Variances Near the Airport) have been met. Otherwise, the Zoning Board shall deny the variance.
The Zoning Board may grant a lesser variance than requested, and may attach such reasonable conditions and safeguards as it may deem necessary to implement this Zoning Code, including without limitation a limitation on the size or duration of the variance, consistent with § 14-303(9) (Conditions on Approvals). The Zoning Board shall, in writing, set forth each required finding for each variance that is granted, set forth each finding that is not satisfied for each variance that is denied, and to the extent that a specific finding is not relevant to the decision, shall so state. The Zoning Board shall file with each decision approving a variance any Project Information Form prepared by the applicant pursuant to Section 18-503, but need not attach the Form to the decision; filing of the Form shall not constitute incorporation of its contents into the decision and those contents shall not be binding. Each finding shall be supported by substantial evidence. If the Zoning Board chooses to view the subject property as part of the hearing, the Zoning Board must provide due process. Reports of other City agencies made as a result of inquiry by the Zoning Board shall not be considered hearsay. Upon request of any party, the Zoning Board may compel the attendance of the City agency. The Zoning Board shall grant a variance only if it finds each of the following criteria are satisfied:
(.a) The denial of the variance would result in an unnecessary hardship. The applicant shall demonstrate that the unnecessary hardship was not created by the applicant and that the criteria set forth in § 14-303(8)(e)(.2) (Use Variances) below, in the case of use variances, or the criteria set forth in § 14-303(8)(e)(.3) (Dimensional Variances) below, in the case of dimensional variances, have been satisfied;
(.b) The variance, whether use or dimensional, if authorized will represent the minimum variance that will afford relief and will represent the least modification possible of the use or dimensional regulation in issue; 194
(.c) The grant of the variance will be in harmony with the purpose and spirit of this Zoning Code;
(.d) The grant of the variance will not substantially increase congestion in the public streets, increase the danger of fire, or otherwise endanger the public health, safety, or general welfare;
(.e) The variance will not substantially or permanently injure the appropriate use of adjacent conforming property or impair an adequate supply of light and air to adjacent conforming property;
(.f) The grant of the variance will not adversely affect transportation or unduly burden water, sewer, school, park, or other public facilities;
(.g) The grant of the variance will not adversely and substantially affect the implementation of any adopted plan for the area where the property is located; and
(.h) The grant of the variance will not create any significant environmental damage, pollution, erosion, or siltation, and will not significantly increase the danger of flooding either during or after construction, and the applicant will take measures to minimize environmental damage during any construction.
(.2) Use Variances.
To find an unnecessary hardship in the case of a use variance, the Zoning Board must make all of the following findings:
(.a) That there are unique physical circumstances or conditions (such as irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions) peculiar to the property, and that the unnecessary hardship is due to such conditions and not to circumstances or conditions generally created by the provisions of this Zoning Code in the area or zoning district where the property is located;
(.b) That because of those physical circumstances or conditions, there is no possibility that the property can be used in strict conformity with the provisions of this Zoning Code and that the authorization of a variance is therefore necessary to enable the viable economic use of the property;
(.c) That the use variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
(.d) That the hardship cannot be cured by the grant of a dimensional variance.
(.3) Dimensional Variances.
To find an unnecessary hardship in the case of a dimensional variance, the Zoning Board may consider the economic detriment to the applicant if the variance is denied, the financial burden created by any work necessary to bring the building into strict compliance with the zoning requirements and the characteristics of the surrounding neighborhood.
(f) Additional Criteria for Floodplain Variances.
(.1) Any requested variance for property located within the Floodway will not result in any increase in flood levels during the Regulatory Flood.
(.2) Any requested variance for property located within the Special Flood Hazard Area will not significantly increase the danger of flooding; and will not increase the likelihood of the loss of property.
(.3) Any variance in either the Floodway or Special Flood Hazard Area involves the least modification of floodplain controls necessary to allow the proposed development to proceed.
(.4) For any property located in the Floodway, no variance shall be granted that would allow construction or substantial improvement of any structure:
(.a) used for the production or storage of: acetone; ammonia; benzene; calcium carbide; carbon disulfide; celluloid; chlorine; hydrochloric acid; hydrocyanic acid; magnesium; nitric acid and oxides of nitrogen; petroleum products (gasoline, fuel oil, and the like); phosphorus; potassium; sodium; sulphur and sulphur products; pesticides (including insecticides, fungicides, and rodenticides);
(.b) used for any activity requiring the maintenance of a supply of any of the materials listed in § 14-303(8)(f)(.4)(.a) in excess of 550 gallons or an equivalent volume; or
(.c) used for any purpose involving the production, storage, or use of any amount of radioactive substance.
(.5) Within the Special Flood Hazard Area, no variance shall be granted that would allow construction or substantial improvement of any of the following unless it is elevated or floodproofed to remain completely dry to one and one-half ft. above the Regulatory Flood Elevation:
(.a) any structure used for the production or storage of: acetone; ammonia; benzene; calcium carbide; carbon disulfide; celluloid; chlorine; hydrochloric acid; hydrocyanic acid; magnesium; nitric acid and oxides of nitrogen; petroleum products (gasoline, fuel oil, and the like); phosphorus; potassium; sodium; sulphur and sulphur products; pesticides (including insecticides, fungicides, and rodenticides);
(.b) any structure used for any activity requiring the maintenance of a supply of any of the materials listed in § 14-303(8)(f)(.5)(.a) in excess of 550 gallons or an equivalent volume; or
(.c) any structure used for any purpose involving the production, storage, or use of any amount of radioactive substance.
(g) Additional Criteria for Wireless Service Towers.
In granting a variance relating to the construction of wireless service towers, the Zoning Board shall consider all of the following criteria in addition to those in § 14-303(8)(e) (Criteria for Approval).
(.1) Evidence of the lack of space on suitable existing towers, buildings, or other structures to co- locate the proposed antenna, cells, microcells and the lack of space on existing tower sites to construct a tower for the proposed antenna within the service area;
(.2) Whether the wireless service provider will be unable to provide wireless services without the tower site;
(.3) Whether the application represents a request for multiple use of a tower or site, or use on a site contiguous to an existing tower site;
(.4) Whether the application contains a report that other potential users of the site and tower have been contacted, and they have no current plans, to the best of their ability to determine, that could be fulfilled by joint use;
(.5) Whether the application shows how the tower or site will be designated or laid out to accommodate future multiple users. Specific design features evaluated shall include but not be limited to height, wind loading, and coaxial cable capacity; and
(.6) Whether the proposed tower is to be located in an area where it would be unobtrusive and would not substantially detract from aesthetic or neighborhood character or property values, due either to location, shape of the tower (such as an imitation pine tree tower) or to the nature of surrounding uses (such as industrial use), or to lack of visibility caused by natural growth, landscape area, or other factors.
(.7) Anything in this § 14-303(8) (Zoning Variances) to the contrary notwithstanding, for purposes of wireless service towers only, hardship sufficient for the granting of a variance shall include the effect upon the applicant's ability to provide wireless service.
(h) Additional Criteria for Height Variances Near the Airport.
Where all or part of the property is located in the /AHC, Airport Hazard Control Overlay district, the Zoning Board shall only approve a variance from those height controls in the /AHC overlay district pursuant to the procedures and standards of § 14-511(5) (Variances).
Where any earth disturbance will occur on a slope of twenty-five percent (25%) or greater, the Zoning Board shall approve a variance only if the applicant demonstrates that the application meets the following criteria, as certified by a Pennsylvania Licensed Professional Engineer, in addition to those in § 14-303(8)(e) (Criteria for Approval). Water Department prerequisite approvals shall not signify the evaluation or acceptance of the listed criteria herein.
(.1) Any requested variance for the property will not result in any of the following:
(.a) An increase in stormwater runoff;
(.b) The shifting of earth to adjacent existing buildings and structures down slope or immediately upslope; or
(.c) An increase in the likelihood of the loss of property.
(.2) The applicant submits an earth moving plan that meets the standards described in § 14-704(2)(c) (Earth Moving Plans) and that shows the extent of the proposed earth disturbance area.
Where all or part of the property is located in the /HHC, Heliport Hazard Control Overlay district, the Zoning Board shall only approve a variance from those height controls in the /HHC overlay district pursuant to the procedures and standards of § 14-531(5) (Variances).
Where all or part of the property is located in the /MIN, Mixed Income Neighborhoods Overlay District, the Zoning Board shall not approve a variance from use regulations listed in § 14-533(3)(a) and § 14-533(3)(b) unless failure to do so would constitute a taking under Fifth Amendment of the United States Constitution.
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. |
(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.
(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.
(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). |
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.
An organization that seeks recognition as a Registered Community Organization ("RCO") for purposes of § 14-303(12) ("Neighborhood Notice and Meetings") must first register with the Commission in accordance with the provisions of this § 14-303(11A).
(a) The Commission will only register an organization as an RCO if the organization:
(.1) Is a volunteer organization, a Pennsylvania nonprofit corporation, an unincorporated association, a Pennsylvania municipal authority that either serves as a Neighborhood Improvement District Management Association or is itself a Special Services District, or a political committee that represents the members of a political party within a ward (such Pennsylvania municipal authorities are not required to satisfy any additional requirements set forth in subsections (.2) through (.7) of this subsection (a); and such ward political committees are not required to satisfy the requirements set forth in subsections (.2), (.3) or (.7), and must only satisfy the requirements of subsections (.4), (.5) and (.6) with respect to meetings relating to zoning matters); 200
(.2) Has adopted a statement of purpose for the organization concerning land use, zoning, or similar subject;
(.3) Has a geographic area of concern that encompasses no more than twenty-thousand (20,000) parcels, except that parcels under the jurisdiction of DPR shall not be counted as parcels for the purposes of this subsection;
(.4) Has registered boundaries that are consistent with the geographic boundaries set forth in the organization's governing rules;
(.5) Conducts open meetings on a regularly scheduled basis;
(.6) Publicly announces its meetings through media such as flyers, newsletters, newspaper notice, or electronic or social media; and
(.7) An organizational membership open to residents, property owners, business owners or operators, and/or tenants from the organization's geographic area of concern, which elects leadership on a routinely scheduled basis. 201
(.a) RCO leadership, which can include board members, associating committee members, conveners, those that may function as decision makers, and/or anyone acting in an official capacity representing a RCO, must be full-time permanent residents whose primary address is within the boundaries of the RCO. This provision only applies to the 8th councilmanic district. 201.1
(b) An organization shall file a registration request with the Commission on a form provided by the Commission, which shall include the following:
(.1) The organization's official name and address;
(.2) The name of a contact person;
(.3) The name of a person designated to participate in the Civic Design Review process, if applicable;
(.4) The boundaries of the organization's geographic area of concern. The boundaries of a municipal authority that serves as a Neighborhood Improvement District Management Association shall be considered to be the boundaries of the Neighborhood Improvement District; the boundaries of a municipal authority that is itself a Special Services District shall be considered to be the boundaries of the Special Services District; and the boundaries of a ward political committee shall be considered to be the boundaries of the ward;
(.5) Whether the organization wishes to be notified of applications in its geographic area of concern electronically or by mail;
(.6) The address of the location at which the organization routinely conducts meetings, provided that if the organization does not have a location at which it routinely conducts meetings, the organization shall indicate that meetings are not held at a routine location within the boundaries of the organization's geographic area of concern; and
(.7) Such other information as may be required by the regulations of the Commission.
(c) After review of a registration request form, the Commission shall register an organization as an RCO if it finds that the organization meets the requirements of subsection (a). The Commission shall notify an organization whether its registration request has been granted. If the organization's request has been denied, the Commission must clearly state, in written form, the reason for such denial. The denial of an application shall not preclude an organization from reapplying during the next or any subsequent registration period.
(d) The registration of an organization as an RCO shall remain valid for two years. An RCO may re- register with the Commission for additional two year periods, on re-registration forms provided by the Commission.
(e) An RCO must promptly inform the Commission of any changes to the information provided on a registration or re-registration request form.
(f) Once an organization has been registered by the Commission as a Registered Community Organization, The Director of Finance is authorized to provide funding to help offset the cost of Directors and Officers Insurance premiums attributable to the threat of Strategic Lawsuits Against Public Participation (SLAPPs) for qualified Registered Community Organizations. The Director of Finance shall submit a report to the Council President and the Chief Clerk of City Council concerning the distribution of any such funds over the course of the previous fiscal year at the time of the annual submission of the proposed operating budget to the Council. 202
The Director of Finance shall establish a fund to be used by Registered Community Organizations to obtain legal representation for hearings or appeals before the Zoning Board of Adjustments.
The Commission is authorized to promulgate regulations to implement the provisions of this subsection (11A). These regulations may include guidelines concerning operations by Registered Community Organizations that constitute an RCO Code of Conduct; and may include guidelines concerning the disbursement of supporting funds towards the costs of Directors and Officers Insurance premiums. Failure to operate within these guidelines may result in the temporary or permanent suspension of organizations from the RCO registry, as outlined by the regulations of the Commission.
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 |
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