Draft procedures for the new zoning code aim to fix how things get done in Philadelphia

ZCC Regular Session

Consultants presented an overview of draft chapters 1 and 2 of the new code (module 1 on general provisions and administration) and highlighted key changes to existing procedures. Community outreach conducted last year showed that what the public wants most from zoning reform is for the ZCC to fix the process. While most cities tackle administration last, providing a fair and efficient zoning approval process is fundamental to reform in Philadelphia. By releasing these sections first, consultants are allowing time for ZCC discussion and public feedback on the most critical issues. Civic engagement on these chapters begins February 23 in West Philadelphia. Comments from commission members are due February 26.

Although ZCC members will review and comment on Module 1 in detail over the next week, reaction to the draft chapters as presented was generally positive. Some immediate concerns were raised about language that would allow L&I to refer applications to the ZBA, in order to provide an opportunity for the public to weigh in on projects of a certain size. The action would not change the approval criteria or make the approval a discretionary decision, but members cautioned that it may create an expectation in the community that the application is no longer by-right. Other concerns were related to how the draft code addresses use variances and whether the proposed text is adequate to avoid unconstitutional takings of property. While the new chapters do much to help simplify the code and make the information easier to understand, ZCC members noted where additional clarification is necessary – additions to the list of reviewers and decision-makers, more explanation on who has the right to file for approvals, and the types of applications each agency or entity reviews, for example.

Public comments focused on the neighborhood’s role in project review and the need for individuals and/or civic groups to participate as a “party” at public hearings in order to ensure the right to cross-examine. Details about public participation were left out of the draft chapters until the ZCC has the chance to review the results of Common Ground for Building Our City, a series of workshops held last month to identify areas of agreement between neighborhood groups and developers about how to improve public involvement. The final report from the workshops will be submitted February 18. The ZCC’s response to the report will help shape the project review portions of the new code.

The Zoning Code Commission will be hosting four community-based meetings over the next several weeks to share information on Module1 and gain feedback:

Tuesday, Feb. 23, 2010
The Enterprise Center, 4548 Market Street, 19139, 6:00 pm to 8:00 pm

Wednesday, Feb. 24, 2010
Northeast High School, 1601 Cottman Avenue, 19111, 6:00 pm to 8:00 pm

Tuesday, Mar. 2, 2010
Central High School, 1700 W. Olney Avenue, 19141, 6:00 pm to 8:00 pm

Thursday, Mar. 4, 2010
Fels Community Center, 2407 S. Broad Street, 19148, 6:00 pm to 8:00 pm

Take ZCC survey on module 1.

To download a copy of  Module 1 - Administration and Procedures, click here.
View the PowerPoint presentation.