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Amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by revising the One Year Rule which limits the filing of permit applications that are substantially similar to a prior application with respect to which an appeal to the Zoning Board of Adjustment has been denied or dismissed; and making related changes; all under certain terms and conditions.
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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.
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CHAPTER 14-200. DEFINITIONS.
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? 14-203. Definitions.
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(204) [One] Two Year Rule
See ? 14-303(6)(g) (The [One] Two Year Rule).
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CHAPTER 14-300. ADMINISTRATION AND PROCEDURES.
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? 14-303. Common Procedures and Requirements.
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(6) Zoning Permits.
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(g) The [One] Two Year Rule.
(.1) L&I shall determine whether a substantially similar application for the same property was finally denied or dismissed by the Zoning Board or a court within [one] two years prior to the date of the application, or whether an appeal is pending (either before the Zoning Board or before a court) of the denial or dismissal of a substantially similar application. If such a determination is made and if the application is not one that L&I may grant as of right under this Zoning Code, then L&I shall deny the application and note on the application "Denied - [One] Two Year Rule."
(.2) The issuance of a refusal or referral denoted, "Denied - [One] Two Year Rule", may be appealed to the Zoning Board. On such an appeal, the Zoning Board shall hold a hearing limited to two issues: (i) whether L&I properly applied the [One] Two Year Rule; and (ii) whether, because of materially changed circumstances, the application should be considered notwithstanding the [One] Two Year Rule. Following a public hearing pursuant to ? 14-303(14) (Public Hearings) the Zoning Board shall make a decis...
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