(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. |