(a) Appeals to Zoning Board of Adjustment.
(.1) Any final order, requirement, decision, or determination made by L&I pursuant to this Zoning Code may be appealed to the Zoning Board by any person or organization affected by the decision or by any department or agency of the City. 238
(.2) A recommendation by the Commission or by any agency or department of the City is not a final decision and may not be appealed. A pre-requisite approval by a commission, department, or agency of the City prior to the issuance of a zoning or building permit by L&I may not be appealed; however the issuance or refusal of the zoning or building permit may be appealed and the error cited in the appeal may include alleged errors by a commission, department, or agency in the completion of its pre-requisite review of the permit application. 239
(.3) Any appeal of an L&I decision must be filed with the Zoning Board within 30 days of the date of L&I's decision. Where the applicant fails to post the permit in compliance with § 14-303(6)(f) (Posting of Permits), any person other than the applicant must file any appeal within 30 days of constructive notice of the L&I decision. All appeals must be filed through a written notice of appeal stating specifically how L&I's decision is inconsistent with the requirements of this Zoning Code or the basis for the requested variance or other relief.
(.a) An applicant who seeks either a special exception or a variance must submit to the Board, at the time the appeal is filed, a copy of the Project Information Form for such application, if the preparation of a Project Information Form is required for such application pursuant to Section 18-503 ("Project Information Form Required"). Such Form shall be submitted in electronic form, together with searchable data identifying the applicant, date of filing, address, and Council District of the project. Such Form shall be for information purposes only; its contents shall not be presented to the Board or considered by the Board in its decisionmaking process, other than for determining compliance with the filing and notice requirements of this subsection (.a) and of subsection (12). 240
(.b) The Board shall provide a copy of the Form to the agency responsible for administering Chapter 18-500 ("Project Information Forms"). 241
(.4) After the filing of an appeal, L&I shall promptly transmit to the Zoning Board copies of the application materials, all documents related to L&I's decision, and a statement of the reasons for L&I's decision.
(.5) As established by Section 5-1006 [renumbered to Section 4-607] of the Philadelphia Home Rule Charter, the Zoning Board may reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from, and make such order, requirement, decision, or determination as ought to be made, and, to that end, it shall have all the powers of the officer from whom the appeal is taken.
(.6) The Zoning Board shall make a decision on the appeal within a reasonable time after receiving the appeal.
(.7) Notwithstanding Section A-805 of Subcode "A" of Title 4 of The Philadelphia Code, the filing of an appeal to the Zoning Board shall not stay proceedings by L&I or any other City agency to enforce or carry out the order or decision appealed from, except upon the following:
(.a) Appellant requests a stay by written application to the Zoning Board, with notice to the Law Department;
(.b) The Zoning Board conducts a public hearing on the request, with notice pursuant to § 14-303(15)(a)(.8) below; and
(.c) A finding by the Zoning Board of good cause, irreparable harm and likelihood of success on the merits of the appeal.
(.8) The Zoning Board shall send written notice of each hearing, interim order, or final decision in a matter to the applicant, the Law Department, and any person who has entered an appearance in the matter.
(.9) No special exception or variance shall be granted unless the person who owns the property for which the application is made has provided documentation satisfactory to the Zoning Board verifying that all of the person's taxes due on the subject property pursuant to Title 19 of The Philadelphia Code are current or are subject to a payment agreement; or produces evidence that denial of the application will result in an unconstitutional taking of the property for which it is sought. The following exceptions shall apply: 242
(.a) If the application is made by a tenant non-owner of the property, the tenant shall provide documentation verifying that all of the tenant's taxes are current or are subject to a payment agreement, and any taxes due on the subject property are not delinquent, and the application may then proceed without further regard to the owner's tax status.
(.b) If the application is made by a nonprofit entity, including a for-profit limited partnership whose general partner is owned or controlled by a nonprofit entity, that acquired the subject property from the City or a public agency, and all prior tax liabilities on the property were not cleared as of the acquisition, the applicant only needs to provide documentation verifying that all taxes assessed after its acquisition of the subject property and all of the applicant's other taxes unrelated to properties so acquired, are current or subject to a payment agreement.
(.c) If the application is made by a homeowner who acquired the subject property either directly from the City or a public agency, or from a nonprofit entity that previously acquired the property from the City or a public agency, and all prior tax liabilities on the property were not cleared as of the date of the homeowner's acquisition, the applicant only needs to provide documentation verifying that all taxes assessed after his or her acquisition of the subject property and all of the applicant's other taxes unrelated to properties acquired in that manner are current or subject to a payment agreement.
(.d) If the applicant attaches a purchase and sale agreement providing that the sale of the subject property to the applicant is contingent upon approval of the application, together with an authorization for the application by the current owner of the subject property, the Zoning Board may conditionally approve the application if it otherwise meets the criteria for approval, with a condition that the special exception or variance will be finally approved when L&I is provided with a copy of the Zoning Board's decision and documentation verifying that all of the taxes due on the subject property are paid in full.
(b) Appeals to the Courts.
(.1) A final decision made by the Zoning Board or the Commission pursuant to this Zoning Code may be appealed to a Pennsylvania Court of Common Pleas by any aggrieved party or by City Council pursuant to Act 193 of 2004 (Act of November 30, 2004, P.L. 1523, 53 P.S. § 13131.1.) within 30 days of the decision or such other time as may be provided by law.
(.2) After the filing of a Notice of Appeal with the Court, a Registered Community Organization that participates in the appeal as an appellant, appellee or intervenor shall not be required to pay the costs of transcribing the proceedings before the Zoning Board that are the subject of the appeal. After the filing of a Notice of Appeal, the Registered Community Organization shall notify the City of its request that the City make payment of its transcript costs.
Notes
| 238 | Amended, Bill No. 120774-A (approved January 14, 2013). |
| 239 | Amended, Bill No. 120774-A (approved January 14, 2013). |
| 240 | Added, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017. |
| 241 | Added, Bill No. 170335-A (approved June 6, 2017), effective December 6, 2017. |
| 242 | Amended, Bill No. 130804 (approved December 18, 2013). |