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Council Seeks Clarity on Changes to Non-Confirming Properties in Philadelphia Zoning Code

Official:Amending Section 14-104 of the Philadelphia Code entitled “Non-Confirming Structures and Uses,” by providing further provisions on changes from non-conforming uses; all under certain terms and conditions.

Sponsor: Councilmember Young

Introduced: May 2, 2024

: Committee on Rules

land use property owners zoning

Plain-Language Summary

This bill proposes to change a section of the Philadelphia Code regarding non-confirming structures and uses. Specifically, it would make it clear that if a non-conforming use is discontinued and replaced with a new one, even without a zoning permit, the property can no longer be considered non-conforming.

What This Bill Does

AI-written. Every figure is checked against the bill text.

Changes the definition of a non-conforming use to exclude a property that has discontinued a non-conforming use and replaced it with a new one, even without a zoning permit.
Requires that a property cease to be considered non-conforming when a non-conforming use is discontinued and a new use is established, regardless of whether a zoning permit is granted.
Prohibits the reinstatement of a non-conforming use after it has been discontinued and replaced with a new use.
Clarifies that a non-conforming use can be discontinued and replaced with a new use, even without a zoning permit, which may affect property owners who operate non-conforming businesses or uses.

Both Sides

AI-written arguments. Every figure is checked against the bill text.

The case for

By passing Bill 240381, municipal leaders would ensure that property owners can revitalize underutilized or abandoned properties, promoting economic growth and renewal in existing neighbourhoods. This bill would allow property owners to legally establish new, compliant uses on a property after a non-conforming use has been discontinued, without the need for costly zoning permits. As a result, entrepreneurs and business owners would have a clearer path to redeveloping their properties, benefiting local economies and communities.

The case against

This bill unfairly penalizes property owners who comply with zoning regulations by prohibiting the reinstatement of a non-conforming use after it has been discontinued and replaced with a new one. This provision retroactively punishes property owners who have invested time and resources into bringing their properties into compliance with zoning laws, and effectively renders their efforts meaningless.

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