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Amending Chapter 14-1800 of The Philadelphia Code, entitled "Zoning Board of Adjustment," to provide that the Zoning Board of Adjustment shall require any person seeking a variance from the terms of Title 14 to be current in payments of all taxes imposed under Title 19, under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Chapter 14-1800 of The Philadelphia Code is hereby amended to read as follows:
CHAPTER 14-1800. ZONING BOARD OF ADJUSTMENT.
ยง 14-1801. Jurisdiction and Powers.
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(5) No special exception, variance, Special Use Permit, Zoning Board of Adjustment Certificate or Temporary Use Certificate shall be granted unless the Person who owns the property for which the special exception, variance, Special Use Permit, Zoning Board of Adjustment Certificate or Temporary Use Certificate is sought has provided to the Zoning Board of Adjustment in the application therefor documentation satisfactory to the Zoning Board, verifying that all of the Person's taxes pursuant to Title 19 of this Code are current or are subject to a payment agreement; or produces evidence that denial of the special exception, variance, Special Use Permit, Zoning Board of Adjustment Certificate or Temporary Use Certificate would effect an unconstitutional taking of the property for which it is sought.
The following exceptions shall apply:
(a) If the application is made by a tenant non-owner of the property, such tenant shall provide documentation verifying that all of the tenant's such 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 non profit entity, including a for-profit limited partnership whose general partner is owned or controlled by a nonprofit entity, which acquired the subject proper...
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