Philadelphia Zoning and Land Use Legislative Updates - May 2021
Our zoning and land use practice group maintains constant communication with members of Philadelphia’s City Council regarding any proposed legislation that will affect the development community. Our team monitors the status of pending bills and stands ready to assist and help guide you through all relevant developments.
05.21.21
Our monthly legislative tracker below provides summaries and status updates to bills currently before the Council.
Legislative Updates as of May 20, 2021
PASSED:
1. COVID-19 Zoning Update
Bill No. 210078-A – enacted April 15, 2021
This bill makes changes to the Zoning Code recommended by the COVID-19 Development Working Group. This includes changes to the current split-zoning requirements. It provides CDR exemptions for warehousing and distribution uses, although CDR would be required if the parcel is zoned IRMX or abuts residential districts. It also creates a new RSA-6 zoning district that would allow for lower maximum height (25 feet), smaller lot size and less open area. In addition, the bill creates the new Civic Purpose Special Purpose Zoning District, permits multiple primary buildings permitted on commercial lots, clarifies the definition of “artisan industrial” and reduces the minimum lot size in RSA-5 to 960 square feet.
2. Drug Paraphernalia Stores
Bill No. 210159 – enacted April 29, 2021
This bill revises the Retails Sales Use Category of the Zoning Code. The bill redefines “Drug Paraphernalia Stores” to permit such use where it is an accessory use to a Medical Marijuana Dispensary and categorize “drug paraphernalia sales” as a Regulated Use under the Zoning Code.
3. Amendment to Zoning Map
Bill No. 210246 – enacted April 29, 2021
This Ordinance amends the Philadelphia Zoning Maps by changing the zoning designations of certain portions of the land located within an area bounded by Delaware Expressway, Richmond Street, Lewis Street, Delaware Avenue and Castor Avenue.
4. Amendment to Zoning Map
Bill No. 210247– enacted April 29, 2021
This Ordinance amends the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by 63rd Street, Lansdowne Avenue, Felton Street, Haddington Lane, Edgewood Street, Lansdowne Avenue, 54th Street, Girard Avenue, 59th Street and Callowhill Street.
5. New Overlay District Being Created
Bill No. 200348 – enacted April 29, 2021
This bill creates the “/WCS, West Chestnut Street Overlay District” and provides, in part, that the Department of Licenses and Inspections shall not issue a building permit for the erection of a building or alteration of a facade in the West Chestnut Street Area unless the Planning Commission has reviewed the plans of the facade and determined that those plans are substantially similar to the plans that were previously reviewed by the Civic Design Review Committee.
PENDING LEGISLATION:
1. Overlay Zoning Districts
Bill No. 210445
If approved, this bill revises and consolidates provisions of Chapter 14-500, entitled “Overlay Zoning Districts,” by amending Section 14-524, entitled “/FDO, Fourth District Overlay District,” and Section 14-527, entitled “/WYN, Wynnefield District Overlay District,” and provides that in “Commercial Review Areas,” the following uses require a Special Exception, except where they are otherwise prohibited:
- Consumer goods.
- Food, beverages and groceries.
- Sundries, pharmaceuticals and convenience sales.
- Drug paraphernalia sales.
2. Creation of Mid-Walnut Street Area
Bill No. 210362
If approved, this bill creates a new zoning overlay called the mid-Walnut Street area and provides, among other things, that the maximum lot coverage for portions of buildings above 65 feet and up to 300 feet in height shall be 95% of the lot.
3. Use Regulations
Bill No. 210446
If approved, this bill revises provisions of Chapter 14-600, entitled “Use Regulations,” by amending use standards for historically designated properties and providing that for any structure located within a Residential Single-Family Detached (RSD) zoning district, the minimum lot area required per dwelling unit is 50% of the minimum lot area for that zoning district.
4. Zoning Map Amendment
Bill No. 210363
If approved, this bill would amend the Philadelphia Zoning Maps by changing the zoning designations of areas of land located within an area bounded by Broad Street, Erie Avenue, Hunting Park Avenue, Wissahickon Avenue, Railroad Right-of-Way, Clarissa Street, Juniata Street, Germantown Avenue, Hunting Park Avenue and Roosevelt Boulevard.
5. Variances Now Required
Bill No. 210425
If approved, this bill would amend the Zoning Code by revising a provision of Section 14-514, entitled “/FNE, Far Northeast Overlay District”, to provide that any use within the Code that qualifies for a special exception shall instead require a variance within this Overlay District.
6. Refuse and Littering
Bill No. 210451
If approved, this bill would amend Chapter 10-700 of The Philadelphia Code, entitled “Refuse and Littering,” by amending Section 10-719, entitled “Penalties,” to revise the penalty to be assessed for violations to provide a fine of $1,000 for each violation. The penalty for a violation of Section 10-717.1 of the Code, regarding municipal waste collection and neighborhood sanitation and cleaning services, shall be a fine of $500.
Full-text copies of all bills are available online.
As new details emerge or statuses change, we will provide relevant updates. Questions about pending legislation can be directed to our team.
Author Augusta O’Neill is an associate in the zoning and land use practice group at Klehr Harrison.