(14) Public Hearings of the Zoning Board of Adjustment. 234.1

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.

(k)   Hearings on appeals relating to the One Year Rule set forth in § 14-303(6)(g) (The One Year Rule) shall be conducted in accordance with the procedures set forth in that subsection. 236

(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).

(15) Appeals.

(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).

(16) Administrative Review. 243

(a)   The recipient of a variance or special exception issued by the Zoning Board may request in writing to L&I a minor administrative adjustment to the variance or special exception, provided the variance or special exception has not expired as set forth in § 14-303(10) (Lapse of Permits and Approvals). 244

(.1)   Upon the filing of such a request, the Commission shall provide to the applicant contact information for each Registered Community Organization ("RCO") whose registered boundaries include the applicant's property and for the District Councilperson whose district includes the applicant's property.

(.2)   The applicant shall promptly send a copy of its request for administrative adjustment to each such RCO; to the District Councilperson; and to all persons or entities that entered an appearance in the matter before the Zoning Board; and shall certify to L&I that such notices have been provided. An appearance list shall be available for inspection at the Zoning Board.

(b)   No sooner than ten (10) days after certification of notice, L&I may approve a minor administrative adjustment to a previously issued variance or special exception, but only if it does not substantially alter the character of the structure originally approved; only if it does not conflict with a Zoning Board proviso; and only if it reduces the intensity of the previous approval. An administrative adjustment reduces the intensity of an approval if it: 245

(.1)   Provides for minor changes to reduce the footprint, gross floor area or height of the approved structure;

(.2)   Lessens the degree of impact related to dimensional variances;

(.3)   Lessens the number of approved dwelling units where applicable;

(.4)   Lessens the number or size of approved signs; or

(.5)   Makes comparable changes that reduce the intensity of the proposed use.

(c)   If any adjustment requested is approved, notice in writing shall be mailed by L&I to all persons or entities to whom notice was required to be sent under subsection (a)(.1), above, as well as to the Zoning Board. Within 14 days of the date of such notice, any such person may request in writing a hearing before the Zoning Board on the adjustment approved. The applicant shall provide notice of such hearing to all persons and entities required to receive notice under subsection (a)(.1). An approved adjustment does not become effective until expiration of the 14-day period or, if a hearing is requested, the conclusion of the hearing.

(d)   The denial of a minor administrative adjustment may be appealed to the full Zoning Board pursuant to § 14-303(15) ("Appeals"). The issue on such an appeal shall be limited to whether L&I properly denied the request for a minor administrative adjustment.

(e)   Upon approval of an administrative adjustment by L&I or the Zoning Board, L&I shall issue the applicant an Administrative Review Permit, which shall be posted in accordance with § 14-303(6)(f).

(f)   This subsection (16) shall supersede any Zoning Board of Adjustment regulations or procedures relating to Administrative Review.

 

Notes

243	Added, Bill No. 180498-AAA (became law October 18, 2018).
244	Amended, Bill No. 200260 (approved October 15, 2020).
245	Amended, Bill No. 200260 (approved October 15, 2020).