Step 5: Obtain Approval From The City
In the previous steps, you learned if you require a Use Registration Permit, a Certificate, or a Variance. To obtain any of these documents, the process is the same. First, you file an application for a Use Registration Permit with the Department of Licenses and Inspections. Unless your use requires a Certificate or a Variance, the Use Registration Permit should be granted. If you require a Certificate, you should receive a “referral” to the Zoning Board of Adjustment. If you require a Variance, you should receive a “rejection.” Then you must appeal the rejection to the Zoning Board of Adjustment and request a Variance.
Any person wishing to obtain approval from the City should first consult an attorney. Filling out an application for a Use Registration Permit requires knowledge and experience regarding Philadelphia Zoning law so as to ensure that the property is approved for a broad range of uses without the application getting rejected or referred.
An attorney is also necessary to obtain a Certificate or a Variance for the following reasons: First, an attorney may be able to expedite the process by obtaining a Use Registration Permit and avoiding a time consuming trip before the Zoning Board of Adjustment. Second, an attorney may be required by law. All corporations must be represented by an attorney to appear before the Zoning Board of Adjustment. Any Variance or Certificate used by a corporation which was not obtained by an attorney is void under Philadelphia law. Third, obtaining a Certificate or a Variance from the Zoning Board of Adjustment is a difficult endeavor. Oftentimes, experts such as architects or engineers need to be hired to successfully persuade the Board to grant the Certificate or Variance. Finally, an applicant should do everything necessary to avoid being rejected by the Zoning Board of Adjustment. Receiving a rejection bars the applicant from applying again for one year.
If you have any questions or would like to speak with an attorney, visit our contact page. Otherwise, proceed to step 6.