City council passed a zoning bill introduced by Councilmember Jeffery “Jay” Young as part of his reaction to Mayor Cherelle L. Parker’s effort to establish a 90-bed homeless shelter in his district in Fairmount. If signed by Parker, the new law would apply only to Brian O’Neill’s district in the Far Northeast, Cindy Bass’ Northwest Philly district, and Young’s district that spans much of North Philadelphia. The law sets limitations on nonconforming uses within the zoning code. Zoning law in Philadelphia, like most other cities in Pennsylvania, allows for properties that predate existing land use laws to be allowed to operate as their current or similar uses. They revert to existing zoning laws only if the old use is abandoned for three years. New language in the bill makes the legislation only applicable to property owners who make changes illegally without permits. “Currently, if a property owner decides to change a grandfathered use, and L&I issues a violation, they still have a right to last permitted use,” Young said in an email. “This bill takes that ability away when a change occurs illegally.” Young describes this as a punishment for “bad actors,” adding delay and inconvenience for those caught making changes illegally. Under current law, the property of “bad actors” could already be fined, but Young’s bill would add another level of pain. Young’s critics still believe the bill is written in a confusing and potentially damaging fashion. In a best-case scenario, where the amended bill does act as he intended, it will still be difficult to enforce because the city’s Department of Licenses and Inspections is already overburdened. If the new law is enforced, it could swamp Philadelphia’s zoning board and add to delays.
Source: Philadelphia Inquirer; 3/20/2025