Examining Philadelphia’s Zoning Overlay Districts

A proposed overlay district in Philadelphia would ban roof decks and new construction taller than adjacent structures, prompting Jake Blumgart, writing in the Philadelphia Inquirer, to question the policy that allows City Council members to “create carve outs within the city’s overall zoning code to appease constituents, punish enemies, and implement hyperlocal priorities.”

Blumgart explains the history of zoning overlay districts, which operate within Philadelphia’s citywide zoning codes to “create a hyperlocal set of rules for a specific corner of the city, giving every City Council district its own idiosyncratic take on zoning rules.” The article describes several existing Philadelphia overlay districts, which in some cases exclude student housing or require extra steps for new business permits.

Critics say the complicated overlays discourage newcomers and entrepreneurs with lower access to capital. As Blumgart explains, “The rules are only navigable with a zoning attorney, and connections with local officials and neighborhood groups gives the advantage to monied, or politically connected, business owners.” However, overlay districts have also created opportunities for some council members to implement affordable housing requirements in their districts. “For politicians like the Council president, the overlays are a means to address fears of neighborhood change and fight back against aspects of the new zoning code he does not like.”