Philly is no stranger to development (or lack thereof). We’ve witnessed contentious battles over proposed arenas, communities working to preserve the character of their neighborhoods, and an ongoing struggle to add more affordable housing to the city’s housing stock.
On corridors like Baltimore Avenue, where residents are seeing more commercial vacancies, neighbors want new things, from bakeries and restaurants to hardware stores and daycare centers.
But to see these visions come to fruition in any neighborhood, there’s a legal process to get approval from the city. So, how exactly does that work, and how can you get involved in the decision-making process?
What is zoning?
Zoning is a set of local laws and regulations that determines how land can or cannot be used. The zoning process can ensure that projects are safe, healthy, and compatible with the character and needs of the community.
Each property in Philadelphia is zoned under a specific category.
What are the zoning categories?
There are ten main zoning categories for properties in the city:
- Residential
- Parks and Open Space
- Public, Civic, and Institutional
- Office
- Retail Sales
- Commercial Services
- Vehicle and Vehicular Equipment Sales and Services
- Wholesale, Distribution, and Storage
- Industrial
- Urban Agriculture
It doesn’t end there, though. There are a lot of subcategories within these categories determining how these properties can function. Residential properties may be single-family or multi-family; for commercial properties, an eating or drinking establishment might be designated for prepared food or take-out. Then there’s personal services, like tattoing and fortune-telling (even though fortune-telling is still banned in Pennsylvania).
Who is involved in the zoning process?
- City Council can alter the zoning code. The Council also creates zoning overlays, a hyperlocal set of rules in specific parts of the city, like bans on roof decks and supervised injection sites.
- Department of Licenses & Inspections (L&I) grants permits and licenses and enforces the zoning code.
- Zoning Board of Adjustment (ZBA) is made up of mayoral appointees who grant variances and hear appeals on zoning decisions.
- The Philadelphia City Planning Commission alerts the ZBA, applicants, and community groups about zoning cases.
- Registered Community Organizations are community groups like civic associations and ward committees that hold public meetings where community members can speak about potential projects in their neighborhoods. RCOs vote on whether or not to support a project. They don’t get the final say, but feedback can help sway a zoning board decision.
What type of zoning permits exist?
Developers with plans for a property need zoning permits to proceed.
“By right” permits are issued by the Philadelphia Department of Licenses & Inspections if a project’s use is consistent with the property’s zoning designation.
If not, the Philadelphia Zoning Board can approve permits “by special exception” if the project is deemed to be compatible with the neighborhood.
Otherwise an applicant can apply for a “zoning variance” from the board, citing specific reasons why a project should proceed even if it’s not in adherence to the code for the property.
Why would a variance get rejected?
Applications to proceed with a project that conflicts with the permitted use can be rejected for a variety of reasons, including concerns about increased congestion and danger to the health and wellbeing of the neighborhood.
How can I get involved?
If you want to have a say on a proposed development in your neighborhood, you could:
- Attend your local RCO’s zoning meeting. Find your RCO by using the city’s Atlas search tool or checking this list. At this meeting, you can vote on whether the RCO should support the project or not, and provide feedback. Note that different RCOs have different voting procedures.
- Attend a Zoning Board of Adjustment hearing, with projects listed here.
- Don’t go to these meetings alone! Share what you know about a project with your neighbors, and invite them to a hearing.
- Sign a petition in favor of or in opposition to a project, and gather support. Neighbors are typically informed of proposed projects nearby, and applications include signatures to demonstrate support.
- Take a course from the Citizens Planning Institute. These workshops organized by the Philadelphia City Planning Commission equip regular Philadelphians with the tools and resources needed to engage with the planning process and launch projects in their own communities.
For a deeper understanding of Philadelphia’s zoning laws, refer to the city’s zoning code or this quick guide from the planning commission.
