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(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). |
Notes
| Section 14-304 - Recent Amendment | This section has been amended by Bill No. 240971 (approved December 23, 2024). Council intends to rescind this bill, so the amendments will not be incorporated herein. |
Only the Commission may prepare and adopt a Comprehensive Plan pursuant to the Philadelphia Home Rule Charter. The City or any public or quasi-public agency may submit a proposed amendment to the Comprehensive Plan for approval pursuant to § 14-304(2) (Comprehensive and Other Plan Adoption).
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(a) Applicability.
This section applies whenever a Comprehensive Plan or other plan is intended to become the adopted policy of the City and to guide the approval of rezonings, permits, or approvals, including special exception approvals, in the area of the City covered by the plan.
(b) Review and Action by the Commission.
(.1) No plan shall become the adopted policy of the City unless it is approved by the Commission. 246
(.2) The Commission shall review the plan in at least one Commission meeting. The Commission may schedule additional public meetings to review the plan, and notice of those meetings shall be provided by the Commission as set forth for in § 14-303(13) (Public Notice).
(.3) In the case of the Comprehensive Plan or other plan prepared by the City or any public or quasi- public entity, if the Commission determines that the plan will promote the best interests of the City and that it should become the policy of the City, it shall adopt the plan, or adopt it with changes, and the plan shall then be considered an amendment to the Comprehensive Plan. If the Commission determines that the plan will not promote the best interests of the City, or that it should not become the policy of the City, it shall not adopt the plan.
(c) Effect of Approval.
Plans adopted by the Commission as amendments to the Comprehensive Plan shall be considered by the Commission or the Zoning Board as a factor in its decision to approve, approve with conditions, or deny a permit, special exception, variance, or other approval.
(d) Amendment.
An adopted plan may be amended through the same process used for initial review and decision on the plan.
Notes
| 246 | Amended, Bill No. 120774-A (approved January 14, 2013). |
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