Introduction
Frequently residents and businesses seek a zoning variance to allow a property use not currently allowed under the property’s current zoning category. Any number of situations may require a zoning variance. Variances may be sought to increase density i.e. number of dwelling units within a particular property or to change from residential to commercial use. Changes are frequently sought to reestablish original zoning for a property that has already had a change in zoning. As zoning variances remain with properties, even after changing ownership, any change in zoning status has long term implications for residents and businesses in Cedar Park. Those implications may include issues of stability, crowding, community development opportunity, noise, parking, property maintenance, undesirable behavior and activity, property values, etc. Therefore, it is prudent for residents and neighbors to be aware and informed about zoning changes and their potential consequences, whether positive or negative, so that residents can have a voice and act with regard to their own interests in local zoning matters.
Policy
It is the policy of Cedar Park Neighbors to support the wishes of local residents in zoning matters. Cedar Park Neighbors does not routinely support or oppose applications for zoning variances. To the best of our ability CPN informs local residents of zoning change requests in their vicinity, solicits comment and reflects the desires of the community to the Zoning Board of Adjustment and our Councilperson. When submitting a written statement before the Zoning Board of Adjustment, Cedar Park Neighbors takes one of the following positions:
1. No Objection: CPN will take this position when the Zoning Committee has invited comment and has received no objection from local residents. CPN will also occasionally take this position if the application involves an insignificant change to the current property status and, given proper posting of the zoning application and verbal inquiry of immediate neighbors, there appears to be no concern or interest about the application.
2. Support: CPN will take this position when inquiry by the Zoning Committee indicates that the change being sought is positively anticipated by community residents. This may occur when the application serves a positive need of the community, for example: a desirable community development goal, reinstatement of residential status in a previously commercially zoned property in a residential area, intended use enables productive use of a previously nonviable property, etc. In such matters, in addition to immediate neighbors, the Zoning Committee may solicit or have input from residents/businesses beyond the immediate vicinity of the property location.
3. Opposition: CPN will take this position when, after inquiry of local residents/businesses, the Zoning Committee determines that residents are strongly opposed to an intended use.
4. Request for Continuance: CPN will take this position when the Zoning Committee has determined that: there is insufficient knowledge/awareness by residents/businesses regarding a pending application; there is confusion about the implications of a zoning variance and insufficient time to facilitate a meeting of interested parties; there is indication of significant concern/opposition by local residents/businesses and insufficient time to sufficiently document community opposition or resolve conflicts between interested parties.
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NOTE: The ability of Cedar Park Neighbors to assist residents/businesses in addressing zoning issues is dependent upon the availability of volunteers to monitor and respond to zoning matters. Each situation is unique and the ability to respond appropriately and effectively requires time, availability and the willingness of local residents to actively work with the CPN Zoning Committee in responding to a concern in their area.
Therefore, Cedar Park Neighbors, acting in a volunteer capacity to provide good faith assistance to community residents/business in zoning matters, is not liable for any adverse consequences experienced by those involved in zoning matters before the City of Philadelphia.
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CPN Zoning Committee
Purpose
Cedar Park Neighbors maintains a standing Zoning Committee, the purpose of which is, to inform and assist local residents and businesses in addressing local zoning issues. Cedar Park Neighbors serves as a vehicle for information, response and conflict resolution when necessary. Committee members monitor requests for zoning variances within the Cedar Park boundary, inform nearby residents of possible zoning changes, acquire information about City of Philadelphia zoning codes and procedures, represent Cedar Park residents and businesses before the Philadelphia Zoning Board of Adjustment (ZBA), solicit community input on zoning issues for our local Councilperson, and provide mediation assistance to resolve local disputes on zoning matters when needed. It is the role of the Zoning Committee to be a vehicle for monitoring and responding, in a timely way, to zoning changes within Cedar Park.
Procedure
When it seems like community input is important to the process, when informed of a request for a zoning variance, Cedar Park Neighbors implements the following procedure:
1. The Zoning Committee facilitates delivery of a notice, in writing, to neighbors in the immediate vicinity of the potential zoning change with information regarding the location of the property, identity of the owner seeking the variance, the current zoning of the property and the change being sought and the date of the public hearing before the Zoning Board of Adjustment if scheduled.
2. The notice invites residents/businesses to comment regarding their support/opposition, or request additional information on the zoning variance.
3. The notice identifies a member of the Zoning Committee to receive comments, their contact information and sets a deadline for comment.
Note: Occasionally, local residents organize a petition to document community support or opposition. Zoning Committee members may assist residents in designing an effective petition. CPN may choose to accept a petition from neighbors in lieu of an extensive information campaign.
4. Whenever feasible, CPN will facilitate a meeting with the property owner seeking the variance and nearby residents for general information, questions and discussion on the proposed use.
5. Frequently, time constraints between postings and hearings do not allow for sufficient inquiry and discussion. When it appears there is confusion or disagreement regarding a zoning variance, Cedar Park Neighbors will recommend, or enter a request to the ZBA for, a continuance until parties have had an opportunity to consider the proposal.
6. Once CPN has determined the feelings of local residents/businesses about the zoning variance, CPN submits a letter to the ZBA, copied to Councilwoman Blackwell, stating the wishes of the community in the particular matter.
7. In zoning matters of greater concern, or upon request from either residents in the community or the applicant, a representative of the CPN Zoning Committee attends the ZBA hearing regarding the application.
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WHAT TO DO IF YOU SEE AN ORANGE ZONING NOTICE
If you see an orange zoning poster in front of a property in Cedar Park, call Cedar Park Neighbors IMMEDIATELY! Once a notice is posted there is very little time to inform neighbors and seek community input. All zoning changes have long term implications for nearby property owners. Even if you do not think the proposed change is significant, notify the CPN Zoning Committee at (267)531-4147; contact@cedarparkneighbors.org
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Helpful Information
Postings: A property owner posts a notice of a zoning hearing when they seek a non-conforming use, a use of a property not currently allowed under the code designation for the specific property. A hearing is requested by the applicant before the Zoning Board of Adjustment. Once a hearing date is set the applicant is required to post an orange notice indicating what the owner is intending to do. The hearing date and time are posted as well as a Calendar Number. This number identifies the property’s application before the ZBA and should be noted to be referred to in all phone or writing communication.
Hearings: All hearings are open to the public. If you intend to speak to a particular application you should arrive at the time posted. A number of cases are heard within a session. When you arrive go to the front of the Hearing Room and fill out a form provided by the clerk. It is helpful to have the Calendar # of the application you are concerned about. This form enables you to be recognized as an interested party and you will receive notice by mail of any future actions concerning the property in question. If you want to be heard you may approach the hearing table when the case is called but you do not have to. If you have filled out a form you will receive a copy of the Board’s decision and future notices regarding the application, if any. ZBA hearings are held at 1515 Arch Street in the 18th floor conference room. You must have a photo ID to receive a pass to enter the building.
