Frequently Asked Questions (FAQs)
General
Q. What is zoning?
Zoning seeks to protect public health, safety and welfare by regulating the use of land and controlling the type, size, and height of buildings. Some goals of early zoning codes were to prevent overcrowding and limit incompatible uses. Goals of modern zoning codes include promoting transit-oriented developmenti, pedestrian-friendly commercial corridors, and preservation of the historic fabric of neighborhoods.
Q. What is the Zoning Code?
The zoning code is the law that regulates land use, and the height and size (or bulk) of structures. The code contains land use classifications, such as residential, commercial and industrial, controls that govern the size and height of structures, and parking, signage and landscaping requirements. The Philadelphia Zoning Code is available online here.
Q. When was Philadelphia's Zoning Code written?
Philadelphia's first zoning code was enacted in 1933. In the post WWII era of the early 1950s, changes in lifestyles and housing preferences combined with the increasing use and reliance on the automobile meant that the 1933 code no longer met the City's needs and development trends. So, in the mid 1950s, the Mayor established a task force to make recommendations to modernize the Code. And, a new zoning code took effect in 1962. That was the last update.
Q. What are the Zoning Maps?
Every parcel of land in the City has a zoning classificationi such as residential, commercial, and industrial. Presently, there are 55 different zoning classifications. The Zoning Maps depict the zoning classificationi for each parcel. You can view the City's Zoning Maps at http://citymaps.phila.gov/zoning/.
Q. How and when were Philadelphia's Zoning Maps created?
When the City's first zoning code was adopted in 1933, a zoning mapi was also created of the entire City. The original zoning maps for Philadelphia were a project of the Depression-era Works Progress Administration, and were created based on a land use survey of existing conditions. Thus, rather than providing a comprehensive plani to guide development, the City's original zoning maps simply reflected the current land use patterns that had evolved.
Q. What is the process for changing the Zoning Maps?
In brief, to change the zoning mapi an ordinance must be approved by City Council and signed by the Mayor. However, there is a community-based process that the Planning Commission has developed over the years to insure neighborhood involvement in any remappingi effort. For more information on remappingi, review the Zoning Remappingi Primer on this site, or read "Zoning Remappingi in Philadelphia," a publication of the City Planning Commission, at http://www.philaplanning.org/plans/zoning.pdf.
Zoning Code Commission
Q. Why do we need to reform the Zoning Code?
Similar to Philadelphia's experience in the early 1950's that led to the first major revision of the zoning code, the City has experienced significant change in the past 50 years. Population changes, a shift from heavy manufacturing to high tech companies, a residential boom, and changing lifestyles make the current code out-dated. In addition, piecemeal amendments over the years have resulted in a code that is overly complex, burdensome and unpredictable. It's time for another comprehensive revision.
Q. How was the Zoning Code Commission formed?
The Zoning Code Commission was formed by mandate of the citizens of Philadelphia with the overwhelming approval of a ballot question in the May 2007 primary election. Close to 80% of voters elected to create "an independent Zoning Code Commission which would recommend amendments to the Philadelphia Zoning Code to make the Code consistent and easy to understand, and to enhance and improve Philadelphia's city planning process while encouraging development and protecting the character of Philadelphia's neighborhoods." This charter amendment explicitly defined the duties, composition, and timetable of the ZCC. The full text of the City Council resolution authorizing the ballot question is available at the following website: http://webapps.phila.gov/council/attachments/3307.pdf.
Q. Who is on the Zoning Code Commission?
The Commission is comprised of 31 members: three City officials with responsibility for zoning matters; three members of City Council; five representatives of the Chambers of Commerce; ten persons with experience in land use matters, five appointed by the Mayor and five by the Council President; and ten community leaders, one appointed by each district councilmember. For more details see the Zoning Code Commission section on this site.
Q. Who is on the consultant team?
The consultant team of Clarion Associates and Duncan Associates, with extensive experience in zoning reform in U.S. cities, has been charged with evaluating the current zoning code, overseeing community and code-user engagement, providing recommendations for the code rewrite, and implementing the code rewrite. They are assisted in their work by team members Wallace Roberts & Todd, LLC, Claflen Associates, CHPlanning, Ltd, Portfolio Associates, Dyett & Bhatia, Hurley-Franks & Associates, and The Vic Group.
Q. What is the timeline for zoning reform?
Within 60 days after certification of the election results of the May 2007 primary, the Zoning Code Commission members were appointed. The Commission is currently required to issue its preliminary report (the draft of the new zoning code) by June 30, 2010, a deadline which may be extended by a two-thirds vote of City Council. During the six months following this submission, City Council will hold hearings on the preliminary report, and may respond with a set of written recommendations for the Zoning Code Commission. Within 30 days, the Commission will then prepare and submit a final edition of the new code for Council to vote upon. Thus, the City could have a new zoning code by 2011.
Q. What is the role of citizens in this process?
The charter amendment calls for a very public process in which citizens can stay informed and participate fully, a vision that the Zoning Code Commission has met and exceeded. The Charter requires that the Commission hold two public hearings and that it meet at least ten times during the year. The Commission held a public hearing in November 2008 and another is planned for the fall of 2009. The general meetings of the Zoning Code Commission, which are open to the public, occur on a monthly basis (except in August). The Commission formed a Civic Engagement Committee, which has overseen an extensive public engagement process. Beginning in January 2009, the Commission coordinated meetings in each of the City's 10 council districts in which 550 representatives of civic organizations participated. In addition, more than 100 professional code users were interviewed, and 1,260 people submitted their input through the online survey on the Zoning Matters website. The results of these outreach strategies provided the Commission with a context of citizen expectations for the new code, and were published in the Interim Report: Assessment of Existing Code. Additional community-based meetings are planned for 2009 and 2010. Finally, City Council is required to hold public hearings on the proposed new code, and Council's action on the code will be by public vote.
Q. What are the Zoning Code Commission's goals for the new code?
The Zoning Code Commission has come to a consensus on the following goals as a framework for creating Philadelphia's new zoning code:
- Simplify Base Districts. To simplify the structure of the city's 55 zoning districts by consolidating similar districts and/or eliminating districts that are used very rarely.
- Simplify Overlay Districts. To consolidate some of the city's 30 overlay districts in order to make their content more understandable.
- Simplify Approvals. To reduce the number of decisions that go to the Zoning Board of Adjustmenti to allow more "by-right" development subject to standards that protect neighborhood character.
- Protect Neighborhoods. To protect neighborhood character through increased use of citizen input into community plans, development standards and reduced reliance on Zoning Board of Adjustmenti reviews.
- Promote Sustainability. To incorporate standards that promote sustainability of development in the city and coordinate zoning reform with the Greenworks Philadelphia sustainability framework.
- Promote Quality and Design. To incorporate standards that improve development quality and design.
- Improve Readability and Reorganization. To use charts, graphics, and illustrations to make the Code easier to read and to reorganize the material to group similar regulations together.
Q. Will zoning reform affect the Zoning Board of Adjustmenti and the variancei process?
The zoning code reform effort will not change the role of the Zoning Board of Adjustmenti (ZBA). The composition and powers of the ZBA are set by the City Charter, and cannot be changed without a charter change that wins the support of the voters. In order to obtain a variancei, property owners will still be required to post a hearing notice and demonstrate hardship to justify the granting of a variancei. Nevertheless, the Zoning Code Commission recognizes that Philadelphia's unusually high number of variances is a function of its outdated and inefficient zoning code, and has agreed that a reduction in the number of variances is an important element of its goal of simplifying approvals. The Commission plans to reduce the number of decisions that go to the Zoning Board of Adjustmenti to allow more ‘by-right' development, subject to standards that protect neighborhood character.
Q. What will happen to my neighborhood? Will it be re-mapped?
The goal of zoning reform is to fix what is broken with the code, and to preserve what is best about our City and our neighborhoods. Changes to the zoning maps will only occur where needed, and will be done using the community-driven process described above. (For more detailed information about remappingi see the Zoning Remapping Primer.)
Q. What is happening with zoning reform in other cities?
In 1999, the Metropolitan Planning Council published The Lay of the Land: A National Survey of Zoning Reform, which revealed that 22 of the nation's 50 largest cities had undertaken zoning reform in the past five years. Four years later, the MPC released a companion document, The Lay of the Land: Lessons Learned on Mapping and Community Participation, which offered valuable advice on these related aspects of the process. Clearly, zoning reform is sweeping the country, and peer cities have many successes and challenges to share. Click here to learn more about zoning reform efforts in other cities and how Philadelphia can benefit from their experiences.
Resources
Q. How can I stay informed?
Continue to monitor www.zoningmatters.org for news updates, meeting schedules, and new opportunities for public involvement. Let your district councilmember know that zoning matters to you and your neighborhood, and request that he or she keep you informed. Follow the work of the Zoning Code Commission, attend its public meetings, and stay involved in the process.
Q. Where can I find a copy of the zoning code?
Philadelphia's zoning code is available online at http://www.amlegal.com/library/pa/philadelphia.shtml under Title 14 of the City Code, Zoning and Planning. This link can also be accessed via the ZoningMatters website, under the heading Zoning and Planning in Philadelphia>Philadelphia Zoning Resources.
Q. What if I have questions about my zoning?
Individuals with questions about their property's zoning should contact the Department of Licenses and Inspections: Municipal Services Building 1401 John F. Kennedy Boulevard, 11th Floor Philadelphia, PA 19102 Phone: (215) 686-2463 Zoning resources are also available on the Department's website at http://webapps.phila.gov/li/.
Q. How do I find notice of upcoming Zoning Board of Adjustmenti hearings?
Upcoming Zoning Board of Adjustmenti hearings are listed at the Department of Licenses and Inspections website, http://webapps.phila.gov/li/. Click on "Board Appeals and Hearings" on the sidebar and "Hearings" on the sub-menu to view the schedule.
Q. How can I find out how my property is zoned?
The City's web resources allow citizens to determine their property's zoning classificationi and permitted uses. Zoning classifications can be identified by clicking on the "Zoning Mapi" application on the CityMaps webpage (http://citymaps.phila.gov/citymaps/), which is also accessible from the city's homepage www.phila.gov under "Property Information." This application enables property owners to find classifications, maps, and overlays at the parcel and block level. Please note that the information provided through the application does not represent a zoning evaluation or decision.