Using the Zoning Code for a Historically Designated Property to Your Advantage
As one of the oldest cities in the United States, Philadelphia has a vast stock of properties that are designated historical by the Philadelphia Historical Commission.
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While most of the historical-related provisions of the Philadelphia Zoning Code (the Code) are slanted towards building preservation, the City has provided provisions in the Code that encourage development of these properties by providing special allowances for uses, accessory dwelling units and parking.
As an example, Section 14-602(7) of the Code provides that for certain qualifying properties located in a residential district or a CMX-1, CMX-2 or CMX-2.5 district, a property owner may instead elect CMX-3 base zoning. This allows a property to have a greater number of commercial uses than would otherwise be permitted.
Also, Section 14-604(11)(d)(.1) of the Code provides that accessory dwelling units are permitted in buildings or structures that have either: (1) been designated as historic, or (2) are located in a district that has been designated as historic and contributes, in the Historical Commission’s opinion, to the character of such district and meets certain other provisions of the Code.
The Code also makes certain exceptions to parking requirements that otherwise would be applicable to a non-historic property. Specifically, Sections 14-801(2)(b)(.1) and 14-801(2)(d) provide a parking exception for changes of use to or additions/expansions of a building that has been designated as historic, such that additional parking would not be required as part of a qualifying change of use. Several of our attorneys have utilized this exception for clients who were seeking to develop and change the use of a historic building and wanted to avoid the onerous parking requirements of their zoning district that the change would have otherwise incurred.
Our zoning & land use practice group is experienced and skilled in dealing with the development of properties that are historically designated or located in a historic district.
Co-authors Ron Patterson, chair, and Augusta O’Neill, associate, are members of the zoning & land use practice group at Klehr Harrison.