Old Zoning Permits from the 40s for a duplex still valid?

Question

Hi BP'ers,

Currently in the process of submitting an offer on a Philadelphia Duplex zoned RSA5 A.K.A Single Fam. The owner lives in one of the unit and I guess his/her relative lives on the other unit. They didn't have a rental license but I was able to find an ancient zoning permit for 2 family back in the 40s on Atlas Portal. If the deal goes through, would I still need to attain a new variance? and also the dreaded Certificate of Occupancy?

Anyone have similar experience before?

Thanks! :)

Kevin M. · Answer

You should look up the current rental license and see if it's for 1 or 2 units. Philly has a 'use it or lose it' rule for variances where if you stop using the property in accordance with the variance for 3 years it's gone.

If the rental license is good for 2 units and there are no open violations I wouldn't be concerned. If the rental license only shows 1 unit or there are open violations I would worry about a variance and CO requirement that could be an administrative headache.

Slawek Jakubowski · Answer

@Lenn Lin you should be ok, just get the rental license for two units right away. This happened to me.

Forrest Hayashi · Answer

Thanks Kevin as always! glad to have you being so helpful and active here.

Unfortunately the property went under contract in 2-3 days. However, i was not comfortable with fact that the archived zoning application did not have a page indicating an approval or I could be reading it the wrong way. It also does not have any rental license on record so felt like this might be a headache to go through especially now that the city is becoming more demanding with getting the CO.

Forrest Hayashi · Answer

Thanks ! Unfortunately the property was under contract within days while I was still doing due diligences. I have heard from the forum that sometimes, those 40s variances do expired if that use is not kept and its a headache to go through the ZBA process again.