Zoning and Permitting for Commercial Properties in Philadelphia Neighborhoods

Opening a commercial property or making alterations to an existing one in Philadelphia requires adhering to the city's zoning laws and obtaining the proper permits. While zoning regulations and permitting requirements can seem complicated, a knowledgeable commercial real estate attorney can provide invaluable guidance. This article provides an overview of zoning and permitting issues commercial property owners and tenants face in Philadelphia.

Our team of zoning attorneys has 35+ years of experience in corporate and business law. Call Davis Bucco & Makara today at 610-238-0880 for more information. 

An Introduction to Zoning Laws in Philadelphia

Philadelphia utilizes zoning laws to regulate land use and guide development in keeping with the city's long-term vision. Zoning divides the city into different districts with permitted uses, building standards, and other restrictions tailored to each zone. For example, dense mixed-use development is encouraged in urban core areas, while residential neighborhoods have limits on commercial activities.

Key things to know about Philadelphia's zoning code:

• Administered by the City Planning Commission and Zoning Board of Adjustment

• Divides city into 10 base zoning districts plus overlays

• Regulates uses, density, height, setbacks, parking, and more

• Commercial properties fall under commercial, industrial, or mixed-use districts

• Zoning maps and code available through the Planning Commission

Understanding the zoning designation for your site is critical when planning any commercial project. Uses not specifically allowed in the zone require special exceptions or variances approved by the Zoning Board.

Permits Required for Commercial Properties

Philadelphia requires owners or contractors obtain permits for renovations, new construction, demolitions, signs, and certain changes of use on commercial properties. Key permits include:

Building Permits

Needed for:

• Constructing or altering any structure

• Electrical, mechanical, plumbing work

• Elevators, fire suppression systems

• Interior demolition or partition work

Building permits ensure project plans meet code standards for safety, accessibility, energy efficiency, etc. Electrical, plumbing, and mechanical work requires separate sub-permits.

Use & Occupancy Permits

Required when:

• Occupying a new building

• Changing a building's use

• Increasing a building's occupancy

Use & occupancy (U&O) permits verify the building complies with approved uses and safety codes for the new occupancy. For example, converting office space to a restaurant would require a U&O permit.

Commercial Activity Licenses

Businesses must also obtain any required commercial activity licenses based on operations, such as:

• Food establishment licenses

• Vehicle sales and repair licenses

• Pet shop licenses

• Nightclub licenses

• Sidewalk cafe permits

Key Agencies Involved in Permitting

Various city agencies play a role in reviewing project plans and issuing permits:

• Department of Licenses and Inspections (L+I) - Reviews permit applications and issues building, electrical, plumbing permits along with U&O permits. Conducts inspections.

• Fire Department - Reviews and approves permits involving fire safety systems, hazardous materials storage, events with large crowds.

• Streets Department - Issues permits for sidewalk cafes, temporary street closures, overhead scaffolding.

• Health Department - Inspects and licenses restaurants, day cares, pools, hotels, and other facilities.

• Zoning Board of Adjustment - Grants special exceptions and variances to zoning code.

• Art Commission - Reviews permits for buildings in historic districts.

Navigating the various agencies and regulations is smoother with a commercial real estate attorney experienced in commercial permitting and land use. They can coordinate approvals, advise on options for overcoming any rejections, and resolve permitting disputes.

Top Zoning and Permitting Mistakes to Avoid

Attempting commercial projects without fully understanding Philadelphia's zoning laws and permitting requirements can lead to delays, fines, and revocation of licenses. Common pitfalls include:

• Assuming your desired use is allowed in the zoning district

• Failing to obtain required use & occupancy permits for space changes

• Starting renovations before receiving approved building permits

• Skipping specialized permits for signs, demolition, etc.

• Not keeping up with license renewals and inspections

• Ignoring stop work orders from L+I

Hiring an Attorney to Assist with Permitting Issues

An experienced commercial real estate attorney can make acquiring permits in Philadelphia far less stressful. They will:

• Review zoning codes and determine approved uses for your property

• Suggest zoning relief options if your plans aren't permitted as-of-right

• Prepare and submit professionally drafted applications and plans

• Work closely with L+I, the Fire Bureau, and other agencies on your behalf

• Resolve any objections raised during permit review

• Ensure you receive proper certificates of occupancy

• Advise on business licensing requirements

• Help resolve any enforcement actions for unpermitted work

Reputable commercial real estate law firms like Davis Bucco have experience in commercial real estate transactions and litigation across Pennsylvania. Their attorneys stay current on Philadelphia's zoning regulations, permitting procedures, and development climate. They can even review pending City Council bills that could impact commercial properties.

Relying on their skillset saves clients time and money while reducing risks of planning missteps. According to one statistic, over 40% of new construction permit applications get rejected in Philadelphia, underscoring the value of legal guidance.

Helpful Resources on Philadelphia Zoning and Permitting

For further information, the City of Philadelphia makes zoning data and permit applications available to the public online. Helpful resources include:

• Philadelphia Zoning Map - Interactive map showing all zoning districts.

• Zoning Code - Full text of the zoning ordinance.

• L+I Permit Planner - Tool for looking up permit requirements.

• L+I Permit Applications - All city permit application forms.

• Business Services Finder - Lists required licenses for business activities.

Key Takeaways

• Philadelphia zoning laws dictate allowed property uses based on location

• Multiple permits required for renovations, new buildings, occupancy changes

• Lawyers experienced with commercial real estate help navigate regulations

• Mistakes lead to fines, delays, lost income - seek competent legal advice

Frequently Asked Questions

1. How long does it take to get a building permit in Philadelphia?

The standard review timeline is 30 business days. More complex projects can take 90 days or longer. Expedited review is sometimes available for extra fees.

2. Can I do any renovations in Philadelphia without a permit?

Minor repairs and some interior upgrades are typically permit-exempt. Adding walls, changing plumbing or electric, exterior work, structural changes, and most large projects require permits.

3. What are the penalties for not getting permits in Philadelphia?

Fines, stop work orders, having to undo unpermitted work, permit approval delays, and certificate of occupancy denial. Severe cases get referred for criminal prosecution.

4. Should I hire an expediter to get permits faster in Philadelphia?

Expediters lack the legal background of zoning attorneys. Lawyers get permits faster through knowledge rather than personal connections.

5. Can the zoning designation of my Philadelphia property be changed?

Rezoning requires an amendment to the zoning code by City Council. It involves public hearings and planning reviews, so is difficult.

Finding a Zoning Lawyer in Philadelphia 

With smart planning and a strong understanding of zoning and permitting, commercial real estate ventures in Philadelphia can get off to a smooth start. Partnering with legal counsel makes the process far more streamlined. They keep projects compliant with regulations and help owners capitalize on their properties.

Leverage the knowledge and skills of the lawyers at  Davis Bucco & Makara  to ensure you have the legal support needed. Contact our office today at today at 610-238-0880 to schedule a consultation and get the advice you need from a trusted legal advisor.