In recent years, the city of Philadelphia has, for the first time in decades, experienced significant population growth in certain areas, and a tremendous residential development surge that is transforming parts of the city. Rapidly changing neighborhoods with newly developed lots and renovated properties are changing the way we look at Philadelphia. At the same time, developers’ eagerness to build in the new “hot” neighborhood, especially in neighborhoods outside Center City, has led to changing expectations as to the type of development appropriate for these areas.
As developers pursue these new projects throughout the city, longstanding zoning classifications frequently become less and less appropriate for certain parts of the city. This is especially true as parts of the city evolve away from their industrial roots toward the booming residential market. Ideally, the zoning classifications and zoning laws change along with the demand, but it is often difficult for city planners and City Council to keep up with the pace of constantly changing local economics. As a result, the Philadelphia Zoning Board of Adjustment, along with the Court of Common Pleas and the Commonwealth Court, face a difficult challenge in balancing the letter of the law with the practical implications of a constantly evolving and growing city. Two recent cases highlight these difficulties as developers seek to build projects that deviate from their applicable zoning classifications in the Philadelphia Zoning Code.
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