Title
Amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning,” by providing that no variance shall be granted to permit the multi-family use of a property located in certain defined Single Family Preservation Districts, under certain terms and conditions.
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WHEREAS, The Zoning Code establishes strict criteria that must be met before the Zoning Board of Adjustment (ZBA) is permitted to grant a variance to allow development forbidden by the Zoning Code; and
WHEREAS, Even though the ZBA does not have the discretion to ignore these strict criteria, it nevertheless continues to grant variances at disturbingly high rates; and
WHEREAS, In particular, the ZBA is granting a steady stream of variances allowing the conversion of single-family properties into multi-family properties, even in neighborhoods reserved by the Zoning Code for single-family homes; and
WHEREAS, This disturbing trend contributes to the rapid gentrification of the affected neighborhoods, thereby jeopardizing the ability of long-term residents to remain in their homes; and
WHEREAS, A February, 2019, request for data concerning zoning variances has gone unanswered despite the fact that the ZBA is required to state in writing its reasons for granting or denying every variance request; and
WHEREAS, Every time the ZBA grants a variance, the Zoning Code is undercut, and the character of a neighborhood is permanently changed; and
WHEREAS, Council now wishes to address these concerns directly by limiting the circumstances under which the ZBA may grant certain variances; and
WHEREAS, The multi-family use of a property, as defined in the Zoning Code, is the use of a lot as a residence for three or more families with each family occupying a single dwelling unit; 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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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.
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(8) Zoning Variances.
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(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)] 14-303(8)(i) (Additional Criteria for Variances in Single Family Housing Preservation Districts) have been met. Otherwise, the Zoning Board shall deny the variance.
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(i) Additional Criteria for Variances in Single Family Housing Preservation Districts.
If all or part of a property is located within a Single Family Preservation District as listed in this subsection, the Zoning Board shall not grant any use variance to authorize a multi-family use of the property. Single Family Preservation Districts are as follows:
(.1) Within the Fifth Councilmanic District, all areas zoned RSD-1, RSD-2, RSD-3, RSA-1, RSA-2, RSA-3, RSA-4, RSA-5, and RTA-1.
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Explanation:
[Brackets] indicate matter deleted.
Italics indicate new matter added.
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