A zoning bill meant to punish ‘bad actors’ passed in Philly City Council, but some argue it’s simply more red tape

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Philadelphia’s zoning code is on track to change after City Council recently passed a controversial bill meant to crack down on bad actors. Still, some worry it will have unintended consequences by slowing down development.

It applies to an obscure section of the zoning code that deals with nonconformities. These refer to properties whose use does not conform to current zoning overlays, which may restrict its use, but the property was grandfathered in at some point.

City Councilmember Jeffery Young Jr. previously told WHYY News he’s most concerned that property owners are not penalized for illegally converting properties that were once grandfathered in with zoning that does not otherwise conform to the neighborhood.

Before the City Council vote, Young Jr. positioned the bill as a way to give neighborhoods more say about illegal conversions that don’t go through the zoning process.

“What this legislation does, it says if you change your use without getting a zoning permit, then you don’t have the benefit of going back to that grandfathered use by right,” Young Jr. said. “This legislation aims to protect communities by allowing communities to have some say when there is a change in use from a grandfathered use to a new use.”

Instead of moving forward without input, property owners would need to request a zoning variance from the city’s zoning board to get their permit.

An earlier version of the bill would have applied to the whole city but an amended version that was passed would only apply to buildings inside three council districts: 5th, 8th and 10th. That would include neighborhoods in North Central, Northwest and Far Northeast Philadelphia represented by Councilmembers Jeffery Young Jr., Cindy Bass and Brian O’Neill.

Councilmember Cindy Bass lauded the bill as “groundbreaking.” She hopes it can stop nuisance businesses that break the law by submitting permits for a bodega and instead operate liquor stores or smoke shops.

“If this bill was in place when [a nuisance business] set up shop, we would have been able to shut them down immediately because they would not have been able to rely on the zoning which was actually in place previously,” Bass said during the meeting.

The bill passed 15-2, which is a veto-proof majority of the council. Councilmembers Anthony Phillips and Rue Landau voted against it.

Phillips argued that the changes would simply add more complexity to the zoning code and curb real estate development.

“Philadelphia already has complex zoning laws and adding more red tape will only delay good businesses – like restaurants – from getting started,” Phillips said in a Facebook post after the meeting.

It’s unclear whether Mayor Cherelle Parker will vote in favor of the bill, as she has not publicly commented on the legislation before making her decision. But Phillips said that voting against the bill would support the mayor’s position on it.

“I also wanted to support Mayor Cherelle Parker in her efforts to build more affordable housing across the city. Zoning laws should help, not hinder, the progress of our communities,” Phillips continued. “We must be international about making the process clear and efficient, not more complicated.”

The Planning Commission previously did not recommend the bill, and a powerful building industry lobbyist criticized it. And during public comment before the vote, a local real estate executive echoed those concerns.

“The [Zoning Board of Adjustment] is already backed up. To put this bill in there now is not a good idea,” said Jeremy Blatstein, director of finance and design at Orens Brothers Real Estate in Philadelphia. “It’s going to force more properties to go to the ZBA. It’s going to put an undue burden on small businesses.”

Blatstein is also the nephew of Philadelphia real estate developer Bart Blatstein.

If the bill is signed by Parker, or her veto is overridden by City Council, the changes would go into effect immediately and there is no sunset provision, which means the changes would be permanent.