Title
Amending Title 14 of the Philadelphia Code relating to "Zoning and Planning" by amending Chapter 14-1700, entitled "Administration and Enforcement" by establishing when a Bill to amend the Philadelphia Zoning Maps or Code shall be considered a pending ordinance, under certain terms and conditions.
Body
WHEREAS, The Courts of this Commonwealth have consistently held the zoning power to be a vital part of the police power of municipalities, and to be wholly legislative in nature; and
WHEREAS, In recognition of the importance of the zoning power, Courts have developed the "pending ordinance doctrine" which recognizes that even before a zoning ordinance is passed, a municipality may deem it desirable for it to be made binding once it has been advertised for a public hearing; and
WHEREAS, The Courts have held that the application of the pending ordinance doctrine is completely a subject of legislative discretion; and
WHEREAS, In the City of Philadelphia the pending ordinance doctrine has been applied without the benefit of legislation but rather by tradition; and
WHEREAS, In the City of Philadelphia the time for triggering the effectiveness of the pending ordinance doctrine begins well after the threshold date established by the Courts; and
WHEREAS, The Council desires to establish by enactment of this Ordinance, to codify what the law already provides, i.e., that the pending ordinance doctrine renders a zoning bill effective according to its terms no later than the date that such bill is advertised for public hearing; now therefore
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 14-100. GENERAL PROVISIONS.
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ยง14-102. Definitions.
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(85A) Pending Ordinance. A Bill amending this Title for which a public hearing has been duly scheduled and a...
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