City of Philadelphia - File #: 130725

• File #: 130725
• Version: 0
• Type: Bill
• Status: ENACTED
• File created: 10/10/2013
• In control: Committee on Rules
• Final action: 11/21/2013
• Title: Amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by clarifying the criteria for granting a variance, under certain terms and conditions.
• Sponsors: Councilmember O'Neill
• Indexes: ZONING AND PLANNING
• Code sections: Title 14 - ZONING AND PLANNING

Date	Ver.	Action By	Action	Result	Tally
12/4/2013	0	MAYOR	SIGNED
11/21/2013	0	CITY COUNCIL	READ AND PASSED	Pass	17:0
11/14/2013	0	CITY COUNCIL	SUSPEND THE RULES OF THE COUNCIL	Pass
11/14/2013	0	CITY COUNCIL	ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR
11/14/2013	0	CITY COUNCIL	READ AND ORDERED PLACED ON NEXT WEEK'S SECOND READING CALENDAR
11/12/2013	0	Committee on Rules	HEARING NOTICES SENT
11/12/2013	0	Committee on Rules	HEARING HELD
11/12/2013	0	Committee on Rules	REPORTED FAVORABLY, RULE SUSPENSION REQUESTED
10/10/2013	0	CITY COUNCIL	Introduced and Referred	Pass

Title
Amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by clarifying the criteria for granting a variance, under certain terms and conditions.

Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 14 of The Philadelphia Code is hereby amended to read as follows:

TITLE 14. ZONING AND PLANNING

* * *

CHAPTER 14-300. ADMINISTRATION AND PROCEDURES

* * *

§ 14-303. Common Procedures and Requirements.

Procedures that are common to several types of applications for permits, approvals, or variances are provided for in this section.

* * *

(8) Zoning Variances.

* * *

(e) Criteria for Approval.

The Zoning Board shall grant a variance only if it determines that the applicant has demonstrated that the criteria of this § 14-303(8)(e) (Criteria for Approval) have been met and that any applicable criteria in §§ 14-303(8)(f) (Additional Criteria for Floodplain Variances) through 14-303(8)(h) (Additional Criteria for Height Variances Near the Airport) have been met. Otherwise, the Zoning Board shall deny the variance.

(.1) General Criteria.

The Zoning Board may grant a lesser variance than requested, and may attach such reasonable conditions and safeguards as it may deem necessary to implement this Zoning Code, including without limitation a limitation on the size or duration of the variance, consistent with § 14-303(9) (Conditions on Approvals). The Zoning Board shall, in writing, set forth each required finding for each variance that is granted, set forth each finding that is not satisfied for each variance that is denied, and to the extent that a specific finding is not relevant to the decision, shall so state. Each finding shall be supported by substantial evidence. If the Zoning Board chooses to view the subject property as part of the hearing, the Zoning Board ...