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Zoning 101


Zoning confuses the heck out of many of us.

Luckily, we have resources in the neighborhood to help put everything having to do with zoning into simpler terms. This primer to zoning was originally published by the Fishtown Neighbors Association (FNA) and put together by the groups former president, A. Jordan Rushie, Esquire.

What is “zoning?”

  • Zoning tells us where we are allowed to build certain things, and what dimensions those buildings must be.
  • Would you want a factory next to your house? Or a 15 story house in Fishtown?
  • City Council and City Planning Commission determine how properties are zoned under the “Zoning Code.”

What are people allowed to build and where in Fishtown?

  • RSA-5: Think row homes
  • RM-1 / RM-2: Think condos
  • CMX (Commercial Mixed Use – think Frankford Avenue)
  • ICMX – Industrial Use, like factories

How Does Someone Get a “Variance?”

  • The Zoning Board of Adjustment (called the “ZBA”) is an administrative legal agency located at 1515 Arch Street. The ZBA determines who is allowed to get a variance to build something that is not otherwise permitted under the Zoning Code.
  • An applicant seeking a variance must show the ZBA that there is (1) a legal hardship (the property cannot be used as it is zoned); (2) the variance is the minimum to afford relief under the Philadelphia Zoning Code; and (3) the variance will not be detrimental to the public welfare.
  • The ZBA determines whether an applicant has met their legal burden and proved these factors. The ZBA refers to the “cheat sheet” at the end of this pamphlet.
  • Before having a hearing with the ZBA, an applicant must first meet with the neighborhood via the Registered Community Organization (RCO).
  • Not every project needs a variance if built “by right” meaning within the Zoning Code.

Who Determines what is “detrimental to the public welfare?”

  • Registered Community Organizations, called RCOs for short, determine how the community feels about a certain project. The RCO is usually called a “neighborhood organization” or “civic association.”
  • FNA is the RCO for Fishtown. Others RCOs are East Kensington Neighbors Association (EKNA), Olde Richmond Civic Association (ORCA), and Old City Civic Association (OCCA).
  • FNA holds a community vote and passes the results of the vote along to the ZBA. The community meeting is your chance to tell the ZBA how you feel about a project.
  • The FNA Zoning Committee screens projects before the community meeting, puts out flyers letting the community know when meetings are, and manages the community meetings (counts votes, moderates, etc). Although Zoning Committee is neutral, members of the Zoning Committee may vote on projects.

How Does This Process Work For Applicants?

  • First, someone puts in an application for a building permit with Licenses and Inspection (L&I).
  • If the proposed development is outside the Zoning Code (i.e. trying to build residential in a commercial district), L&I issues a “refusal.”
  • The applicant then files an appeal to the ZBA.
  • While waiting for the appeal, the applicant schedules a community meeting with the RCO. The RCO then sends the ZBA a letter indicating whether the neighborhood supports or is against a project.
  • City Council takes a position, usually based on the RCO. • The applicant hangs orange stickers, provided by the ZBA, on the property that the applicant is seeking the variance for 21 days before the ZBA hearing.
  • The ZBA holds a hearing, and takes everything into consideration.

What If I Don’t Agree With The RCO’s Support or Lack of Support?

  • Residents who live within 500 feet of a project seeking a variance may appear at the ZBA hearing and voice their opinion.
  • The date of the ZBA hearing is listed on the orange sticker on the property.
  • Residents who live within 500 feet and attend a ZBA hearing have a right to appeal any ZBA decision to the Court of Common Pleas. The ZBA hearings are held at: 1515 Arch Street, 18th Floor Philadelphia, PA 19102.
  • You can also write a letter to the Zoning Board of Adjustment. Be sure to reference the calendar number and address of the property. The ZBA’s mailing address is: Zoning Board of Adjustment 1401 JFK Boulevard, 11th Floor Philadelphia, PA 19102.

What type of concerns does the ZBA consider? ZBA is concerned about…

  • Too “dense” or “overutilization of the property” (too much crowding)
  • Will alter the fabric and character of the neighborhood
  • Not enough green space and open area
  • Will impair lighting or access to facilities
  • Not the minimum to afford relief under the Code
  • Trash and delivery location for retail
  • Not enough parking only if parking is a requirement the applicant is seeking a variance from. (usually it is not required).

ZBA is not concerned about…

  • Building looks ugly
  • Will draw a “certain type” of people
  • The applicant has other projects that have gone poorly, or “I don’t like the applicant.”
  • Concerns outside zoning such as EPA compliance, other permitting, etc.
  • Not enough parking where parking is not required. See if your concerns reflect the legal standards outlined in the ZBA cheat sheet.

Where can I learn more about how Philadelphia Zoning works, and what the classifications are?

www.zoningmatters.org

Where can I find the Zoning Code and read it myself?

http://www.amlegal.com/library/pa/ philadelphia.shtml (Title 14).

How can I find out when ZBA hearings are taking place?

http://www.phila.gov/li/pages/Appealscalendar.aspx

Where can I find out how a property is currently zoned, or where the RCOs are?

www.phila.gov/map. Select “RCO map” or “zoning map”.

When do FNA community meetings take place? How will I know about them?

Community meetings take place on Tuesdays at the Rec Center. Community meetings are publicized in the Star, Spirit, and Fishtown.us. Residents close to the project may get a flyer.

What do all the acronyms mean?

  • CDAG: Central Delaware Advocacy Group
  • CDR: Civic Design Review Code: Philadelphia Zoning Code, § 14-101, et. seq.
  • CPC: City Planning Commission
  • CMX: Commercial Mixed Use
  • EKNA: East Kensington Neighbors Association
  • FNA: Fishtown Neighbors Association
  • ICMX: Industrial / Commercial Mixed Use
  • NKCDC: New Kensington Community Development Corporation
  • NLNA: Northern Liberties Neighbors Association
  • OCCA: Old City Civic Association
  • ORCA: Old Richmond Civic Association
  • PTSSD: Penn Treaty Special Services District. See § 14-1624 of the Code for what is permitted
  • RCO: Registered Community Organization
  • RM-1 / RM-2: Residential Multi-Family (condos)
  • RSA-5: Residential Use (row homes)
  • SSD: Special Services District
  • ZBA: Zoning Board of Adjustment
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