Under Construction

Navigating Philadelphia’s Zoning Code can be a project in itself. So the Crier asked one of its own zoning committee members for a primer on the ins and outs of zoning.

By Sam Olshin

Queen Village is both one of the oldest neighborhoods in Philadelphia and also one of the most desirable to live in. Because of its character and amenities, it is constantly in a state of transition. There are currently five significant building projects planned or under construction in the neighborhood. These include sites at 2nd and Christian, 3rd and Christian, 3rd and Carpenter, Passyunk and Bainbridge, and Front and South Streets.

With so many projects currently underway, many neighbors have questions about the neighborhood association’s role in the development of these parcels. That role is led by the QVNA’s Zoning Committee, which is composed of architects, engineers, and real estate professionals. Committee members, currently at seven, are all volunteers appointed by the president of the Queen Village Neighborhood Association.

When landowners or developers wish to build outside of allowable zoning stipulations or requirements—the City has 19 separate zoning classifications—they apply for a variance. A variance asks for permission to build due to a hardship presented by current restrictions. The City issues a refusal notice, and an orange sticker is placed on the site. That denial is sent to the neighborhood association’s zoning committee, which schedules a community meeting to hear from the owner or developer about the project’s hardship, determine the validity, and gauge neighborhood impact. See qvna.org/zoning.

The zoning committee sends its determination—approve, non-opposition, oppose—to the Zoning Board of Adjustment (ZBA), which hears the case, takes the community’s input into consideration, and makes a final ruling on the hardship.

Some projects may be considered big for the neighborhood but are permissible based on the zoning designation of the parcel. “By-right” projects do not require a variance because they are proceeding within the city’s zoning code requirements with regard to use, setbacks, height, parking, etc.

Thus, there is no requirement for a public meeting with neighbors and no letter needed from the neighborhood zoning committee.

The plan for 41`9 Bainbridge Street (by-right construction)

Rendering: courtesy of Bernardon

A Civic Design Review (CDR) is triggered when a by-right project exceeds 50 units or more than 50,000 ft. of new gross floor area in a neighborhood. The City’s Planning Commission brings together the by-right project’s developers, the community, and a panel of design professionals. This review hears questions and concerns about the project and makes recommendations that are nonbinding because the project is still within allowable zoning code requirements.

The plan for 1015 South Third Street (by-right project)

Rendering: courtesy of HDO Architecture.

Another category of permissible construction is the “special exception.” A special exception can be granted by the ZBA if the project is compatible with the surrounding neighborhood. For example, this may include the adaptive re-use of a former industrial building for a school.

Variances also come up for the licensing of businesses in the South Street Headhouse District (SSHD) and the surrounding neighborhood. The zoning committee of Queen Village will work cooperatively with SSHD to hold a joint meeting to hear from the applicant as well as neighbors. Each body, both a Registered Community Organization (RCO), will then submit its own letter to the ZBA.

The plan for Front and South Streets (by-right project)

Rendering: courtesy of Ambit Architecture

It should be clear that the Zoning Board often listens to the RCO’s recommendations with regard to the granting or refusal of a variance request, but not always. The ZBA conducts monthly public hearings where the RCO’s position is read publicly, and others may speak at those public hearings either in support of or opposition to the variance request. The ZBA issues the final decision.

The Zoning Code is being regularly updated and stipulations that affect development are constantly being re-evaluated, including phasing out of the 10- year tax abatement and reassessing the permission to demolish older properties in order to build anew to qualify for a tax abatement.

There will be other significant projects in the neighborhood, no doubt, in the future. Whether you are a homeowner or a developer, you are required to conform to the Philadelphia Zoning Code and secure zoning approval and a building permit. We in the neighborhood should be respectful of the process while doing our best to advocate and provide responsible stewardship of Queen Village. ■

QUEEN VILLAGE QUARTERLY CRIER \\ SPRING 2022