Municipalities — Philadelphia — Powers — Ordinances — Prescribing procedure concerning zoning ordinances — First Class City Home Rule Act — Act of May 6, 1929, P.L. 1551.
1. Under the First Class City Home Rule Act of April 21, 1949, P.L. 665, the City of Philadelphia has power to adopt an ordinance superseding the requirement in the Act of May 6, 1929, P.L. 1551, § 5 that a change in a zoning ordinance "shall not become effective except by the favorable vote of 3/4ths of all the members of the council of such city"; and in view of the Ordinance of December 6, 1955 which prescribed the procedure to be followed in enacting ordinances which deal with zoning classifications, reclassifications, conditions and restrictions and other zoning matters where protests are made against a proposed change, a change contained in a zoning ordinance becomes effective when the ordinance is adopted by a simple majority vote of City Council.
2. Kelly v. Philadelphia, 382 Pa. 459, distinguished.
OPINION PER CURIAM, January 8, 1958:
The order of the court below dismissing the appeal from the decision of the zoning board of adjustment is affirmed on the opinion of President Judge BROWN, 10 Pa. D. C.2d 613.
Order affirmed.