Stakeholders focus on new use categories

ZCC Stakeholder X-Change

Executive Director Eva Gladstein started the April 5 X-Change by describing the ZCC’s organizing principles for how uses will be addressed in the new zoning code. “It is not about maintaining the status quo or what uses are there now,” Gladstein said. “We looked at whether a use would make sense in a particular district or not.” In order to create zoning that is predictable and easier to understand, Ms. Gladstein said the draft code introduces a new structure of use categories, recognizes modern uses, and clarifies what is permitted or not with new use tables.

Under the current code, any use that is not specifically named requires a variance approved by the ZBA. Now there are 10 main use categories and 40 subcategories intended to accommodate a broader range of possible uses and build flexibility into the system for the future. For example, instead of listing “book store” or “fabric shop” as separate permitted uses in a district, such uses will permitted under the category “retail sales” and subcategory “consumer goods.” Some uses with additional applicable standards are specifically called out, such as night clubs, take-out restaurants, and day care. The use tables identify which uses are permitted by right, permitted by special exception, or expressly prohibited.

Feedback on the new approach focused on the aggregation of special exception uses. Community representatives seemed to agree that such uses should be limited to a certain number per block or designated area. The concern is that an over-saturation of a particular use could be detrimental to a neighborhood. Examples ranged from permitted billiards rooms that lead to an “arcade district” to allowing group homes that burden an area with providing social services that are needed citywide. Although questions were raised about the legality of spacing requirements, civic groups want special exception standards to better address the impacts of these uses on neighborhoods. The proposed standards were described as “too subjective.”

Still, many participants would like to see more special exception uses. “The liberalization of uses is a critical point,” Joe Schiavo of the Crosstown Coalition said. “The Coalition asked that many uses now permitted by-right be changed to permitted by special exception. There are observable issues already with these uses that we don’t want to persist.”

Problems with religious institutions, for example, generated a heated debate. While questions were raised about what should be deemed a “real” or “traditional” neighborhood church, the biggest issue seemed to be with the accessory uses and social services that are often provided at these institutions. “We think religious institutions should be a special exception across the board,” Meg Greenfield of the East Falls Community Council said. “It’s not just a church; it’s a school, a day care, a shelter. These uses are being permitted by-right in religious institutions; where otherwise they would be special exceptions.” Some disagreed. Kiki Bolender of Schade and Bolender Architects LLP said she welcomed the services that churches provide. “These are real life needs – day care, help for alcoholics and ex-offenders,” Bolender said. “I don’t like the idea that neighbors would be able to say no.”

Other uses identified as problems for neighborhoods included wireless facilities, take-out restaurants, catering halls, and eating establishments with “occasional” entertainment. Although no resolutions were made today, ZCC member Greg Pastore acknowledged that many valid points were made and that the Commission would reconsider certain uses and how and where they are allowed under the new code.

Ms. Gladstein noted that the next X-Change is not until Tuesday April 19 at 8:00 AM, since a full meeting of the ZCC will be held next Wednesday April 13. All meetings are being held at 1515 Arch Street on the 18th floor. Visit http://www.zoningmatters.org/ for the complete schedule of meeting times and topics and the latest updates on the draft code and related documents. Also available are two new tools for analyzing the code: A Review of Use Changes in the New Zoning Code and the Top Ten Things You Should Know About Philadelphia’s New Zoning Code.

See the links below for additional reports on the X-Changes.