Philadelphia City Zoning Code
CHAPTER 14
100. GENERAL PROVISIONS
§ 14-101. Purpose.
This Zoning Code is the first comprehensive revision to Philadelphia's zoning laws in nearly 50 years. The earlier code, dating from 1963, was updated in 1991 when the zoning rules governing Center City were significantly reformulated. However, most modifications to the Zoning Code have occurred in small increments or through a myriad of individual ordinances and overlays, resulting in a very complicated document that was increasingly unable to meet the demands of an evolving city. In 2007, the voters of the City decided to create a Zoning Code Commission and charged this 31-member body with the task of writing a new Zoning Code. The result is this Zoning Code. It is enacted to guide the land use and development of the City and in so doing, promote the public health, safety, and general welfare of its citizens and visitors. The provisions of the Zoning Code are designed to achieve the following goals. With these goals in mind, the members of the Zoning Code Commission intend for this to be a living document that will propel the City of Philadelphia to a higher quality of life. 2
(a) Protecting the access of each property to adequate light, air, street frontage, and other public amenities;
(b) Promoting adjacencies of appropriate uses and conversely, discouraging or disallowing adjacencies of uses that should be separated;
(c) Protecting the desirable characteristics of the City's neighborhoods;
(d) Preserving and enhancing the public realm, including the streetscape and the pedestrian environment;
(e) Promoting and maintaining a balanced mix of housing choices; and
(f) Encouraging development that is consistent with the goals and objectives of the City's Comprehensive Plan.
(a) Encouraging development around nodes of mass transit;
(b) Supporting the City's sustainability goals to reduce vehicle miles traveled, encourage renewable energy and energy conservation, encourage water conservation, allow urban food production, promote walking and community health, and allow the City to operate more efficiently; and
(c) Restoring and conserving the City's natural and historic resources.
(a) Encouraging revitalization of deteriorated and/or vacant properties;
(b) Establishing opportunities to locate appropriate businesses near a base of employees and locate services with ready access to residents; and
(c) Removing barriers to enable responsible development to proceed ‘as of right.'
(a) Establishing a single city-wide process in which projects that require relief from the rules of this Zoning Code, or projects deemed to have high impact on their surrounding community, benefit from organized community input offered in a timely manner;
(b) Presenting this code in well-organized hard copy and digital formats, with text written in plain English and easily read charts and illustrations; and
(c) Developing appropriate supporting regulations in the City agencies that administer this document.
§ 14-102. Citation and Title.
Title 14 of The Philadelphia Code shall be known as the "Zoning Code".
§ 14-109. Relationship to Private Agreements.
Where the provisions of this Zoning Code impose a greater restriction than that imposed by a private agreement, including but not limited to any easement, covenant, or deed restriction, the provisions of this Zoning Code will control. Where the provisions of a private agreement impose a greater restriction than this Zoning Code, the provisions of the private agreement may be enforced between private parties notwithstanding the provisions of this Zoning Code. The existence of a private agreement shall not excuse any failure to comply with this Zoning Code. The City shall not be responsible for monitoring or enforcing private agreements.
§ 14-111. Text and Graphics.
Illustrations, graphics, pictures, and flowcharts are included in this Zoning Code to help illustrate the intent and requirement of the text. In the case of a conflict between the text of this Zoning Code and any illustration, graphic, picture, or flowchart, the text shall govern.
§ 14-112. Severability.
If any section, subsection, sentence, or phrase of this Zoning Code is held to be invalid or unconstitutional by a court of competent jurisdiction, for any held reason, the remaining portions of this Zoning Code shall not be affected. It is expressly declared that this Zoning Code and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one or more other portions of this Zoning Code would be declared invalid or unconstitutional.
(1) Authority.
This Zoning Code is enacted pursuant to the powers granted and limitations of the Philadelphia Home Rule Charter ("Charter").
(2) Construction of Authority.
(a) Nothing in this Zoning Code shall be construed to confer or attempt to confer upon any officer, department, board, or commission of the City the power of eminent domain. All actions by any officer, department, board, or commission pursuant to this Zoning Code shall be deemed to be in the exercise of the police power.
(b) The provisions of this Zoning Code, insofar as they are the same as those of the prior Zoning Code, shall be construed as a continuation of those provisions, and not as new enactments.
(3) Department of Licenses & Inspections.
(a) The Department of Licenses & Inspections ("L&I") has the power and duty of administering and enforcing the provisions of this Zoning Code, with the exception of those provisions relating to the approval of land subdivisions (see § 14-304(7) (Subdivisions and Subdivision Plats)) and any powers specifically granted to another department, agency, board, or commission of the City under this Zoning Code.
(b) No permit, certificate, license, or document relating to the use of property which is subject to the provisions of this Zoning Code shall be issued by any other department, agency, board, or commission of the City until L&I shall have certified that the use to be made of the property is in full compliance with the provisions of this Zoning Code.
(c) L&I shall administer and enforce the requirement that a use registration permit be obtained for every new use commenced on any land or in any structure, except for a single-family use.
(d) L&I shall administer and enforce the requirement that a zoning permit shall be obtained for every new structure or alteration or addition to an existing structure that results in a change to gross floor area commenced on any land within the City.
(e) L&I shall issue a zoning permit or use registration permit for a special exception only after the Zoning Board has approved the application and when all the other applicable provisions of this Zoning Code have been met.
(f) L&I shall issue building permits and Certificates of Occupancy only after zoning permits and use registration permits required under this Zoning Code have been issued by L&I.
(g) Upon application, L&I shall issue a certification noting the zoning district classifications of any property and the current zoning status of that property as shown by the official zoning map and records of L&I.
(h) L&I is authorized to promulgate such regulations as are necessary and appropriate to implement the provisions of the Zoning Code. Any administrative manual or any other advisory publication prepared as a guide for this Zoning Code shall be posted on the City's website and shall not be binding, unless promulgated in accordance with the provisions of Section 8-407 of The Philadelphia Home Rule Charter.
(4) Zoning Board of Adjustment.
(a) The Zoning Board may, after public notice and public hearing:
(.1) Hear and decide appeals in zoning matters where error is alleged in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Zoning Code or related regulation;
(.2) Grant special exceptions required under this Zoning Code;
(.3) Authorize variances from the terms of this Zoning Code; and
(.4) Hear and decide appeals in any matter where it has been given special jurisdiction by any ordinance or Pennsylvania Law.
(b) The Zoning Board shall have the power to adopt regulations as set forth in the Philadelphia Home Rule Charter.
(1) Applicability.
All development and every principal and accessory use conducted within a structure or on a lot must conform with this Zoning Code.
(2) Compliance Required.
No building or structure may be erected, converted, enlarged, reconstructed, or altered for use, nor may any land, building, or structure be used or changed, except in accordance with all of the applicable regulations established by this Zoning Code, unless otherwise expressly stated, and, except for single- family residential uses, without first obtaining a use registration or zoning permit from L&I in accordance with the procedures set forth in § 14-303(6) (Zoning Permits). No lot of record that did not exist on the effective date of this Zoning Code shall be created, by subdivision or otherwise, that does not conform to the applicable requirements of this Zoning Code, unless allowed by § 14-110 (Transition from Prior Regulations).
(3) Property Owned, Leased, or Operated by Public Agencies.
Property owned, leased, or operated by the Commonwealth of Pennsylvania, the United States, the City or any other public or governmental body or agency, shall be subject to the terms of this Zoning Code, as follows:
(a) Where public or governmental uses are specifically listed in this Zoning Code, they shall be subject to the regulations in this Zoning Code;
(b) Where public or governmental uses are not specifically listed, they shall be permitted only in districts permitting substantially similar private uses; and
(c) Property owned by the Commonwealth of Pennsylvania or the United States shall be exempt from the provisions of this Zoning Code only to the extent that the Pennsylvania or United States constitutions prohibit the regulation of those properties by the City.
(1) The Comprehensive Plan.
The Comprehensive Plan that is adopted by the Planning Commission ("the Commission") serves as the statement of goals, recommendations, and policies guiding the development of the physical environment of the City.
(2) Amendments to the Comprehensive Plan.
If a plan other than the Comprehensive Plan containing additional recommendations, policies, and standards regarding development within the City is prepared by the City or a public or quasi-public agency and is adopted by the Commission it will be considered an amendment to the Comprehensive Plan and serve as an additional guide for the administration of this Zoning Code as described in § 14-105(3) (Adopted Plans Guide Discretionary Decisions). In the case of a direct conflict between the provisions of the Comprehensive Plan and an amendment to the Comprehensive Plan adopted after the Comprehensive Plan, the provisions of the later amendment govern.
(3) Adopted Plans Guide Discretionary Decisions.
Where a Comprehensive Plan or an amendment to the Comprehensive Plan has been adopted pursuant to § 14-304(2) (Comprehensive and Other Plan Adoption), the recommendations of that plan shall be considered by the Commission and Zoning Board as a factor in making any decision on a zoning permit application on a topic or area covered by the adopted plan.
(1) Zoning Districts.
The City is hereby divided into the classes of districts described in Chapter 14-400 (Base Zoning Districts) and Chapter 14-500 (Overlay Zoning Districts).
(2) Official Zoning Map.
The base and overlay districts authorized by this Zoning Code are shown on a zoning map. The official zoning map shall be the version of those maps that includes the most recent amendment to zoning district boundaries approved by City Council. L&I shall keep the zoning map on file in its office in electronic form and make it available for public inspection during normal business hours. The zoning map shall be the final authority as to the current zoning status of lands, water areas, buildings, and other structures in the City, provided that if the zoning map conflicts with the text of this Zoning Code, the text shall govern. The official zoning map is incorporated into and is part of this Zoning Code.
(1) Boundaries of Districts.
Where uncertainty exists with respect to the boundaries of the various districts, as shown on any zoning map, the following rules apply:
(a) The district boundaries are street lines unless otherwise shown; and where the designation on the zoning map indicates a boundary that approximately coincides with an existing street line, that street line shall be construed to be the boundary;
(b) Where a designation on the zoning map indicates a district boundary that approximately coincides with existing lot lines, those lot lines shall be construed to be the boundary;
(c) In undivided property, the district boundary lines on the zoning map shall be determined by measurement according to the scale of the maps;
(d) No district boundary shown on the zoning map shall be construed as extending the authority of L&I beyond the low water mark on any navigable stream; and
(e) Where a street is stricken from the City Plan or where a railroad right-of-way is abandoned, the zoning boundaries of the abutting land shall be extended to the centerline of the vacated street or right-of-way, unless otherwise provided by the City Council.
(2) Multiple Districts or Provisions.
When the boundaries of various districts as shown on the zoning map are established so that a single lot has more than one base zoning district designation, the following provisions apply.
(a) The provisions of a zoning district shall apply to the entire lot if both:
(.1) The zoning district covers at least 75% of the parcel; and
(.2) The conditions of (b), below, do not apply.
(b) If two or more zoning districts each cover a contiguous area on the lot that is greater than or equal to either of the following, the most restrictive provisions of all zoning districts that have a contiguous area that covers at least 10% the total lot area shall apply: 8
(.1) The minimum lot area for that district; or
(.2) 1,600 sq. ft., if the zoning district does not require a minimum lot area.
(c) For any lot that meets the conditions of (b), only overlays that apply to zoning districts that cumulatively have a contiguous area that covers at least 10% the total lot area shall apply.
(d) On any parcel for which neither (a) nor (b) applies, the Commission shall select a single zoning district from among those that cover a portion of that parcel. The Commission shall select the zone based on what best accomplishes the goals for the immediate area in the comprehensive plan, as provided in its regulations. The provisions of the selected zoning district shall apply to the entire parcel.
(1) Conflict.
This Zoning Code is intended to complement other municipal, state, and federal regulations that affect land use, but is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. Where conditions, standards, or requirements imposed by any provision of this Zoning Code are either more restrictive or less restrictive than comparable standards imposed by any other public law, ordinance, or regulation, or permit, the provisions that are more restrictive or that impose higher standards or requirements shall govern, except as described in § 14-108(2) (Overlay Districts).
(2) Overlay Districts.
If the provisions of an overlay district listed in Chapter 14-500 (Overlay Zoning Districts) conflict with other provisions of this Zoning Code, the overlay district provisions shall govern regardless of whether they are more restrictive or less restrictive than the conflicting provision.
(1) Violations Continue.
Any violation of the previous zoning regulations will continue to be a violation under this Zoning Code and be subject to § 14-306 (Enforcement) unless the use, development, construction, or other activity that violated the previous zoning regulations is no longer a violation of this Zoning Code. Nothing in this section, however, is intended to relieve any person of liability for any fines or penalties owing or claimed to be owing under the prior Zoning Code.
(2) Approved Projects.
The following transitional provisions shall apply to projects approved prior to the effective date of this Zoning Code.
(a) Permits and approvals that are valid on the effective date of this Zoning Code shall remain valid until their expiration date. Projects with valid approvals or permits may be carried out in accordance with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed;
(b) No provision of this Zoning Code shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to the effective date of this Zoning Code; and
(c) Any re-application for an expired permit or approval, including special exception and regulated use approvals, shall meet the standards in effect at the time of re-application.