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(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 |
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); or
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
(.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.
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 | |
| 206 | Amended, Bill No. 200576 (approved January 20, 2021). |
| 207 | Amended, Bill No. 200576 (approved January 20, 2021). |
| 208 | |
| 209 | |
| 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 | |
| 224 |
(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.
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.
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.
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).
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.
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. |
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.
(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). |
| 237 | Amended, Bill No. 190506 (approved November 6, 2019). |
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