All Forum Posts by: Daniel Rowley

Timothy,

I'd need more information to give you an accurate answer for your specific property/situation, but, speaking generally, the CMX-3 Zone allows for multi-family use, such as a triplex, under the Philadelphia Zoning Code. If you are changing the property use to purely residential, you should not need a variance for the project, although you will still need to apply for the proper permitting with L&I. As I said, this is general information and may take into account your specific property/situation. If you'd like to discuss it more, feel free to reach out.

Adaugo,

I'm a real estate attorney in the Philadelphia area at a firm specializing in real estate development and would be happy to talk further with you or answer any questions you may have.

Ronesha,

I'd need more information to give you an accurate answer for your specific property/situation, but, speaking generally, first you would apply for a zoning permit with L&I. I'm not sure how many units your property has, but let's say, for example, your property has two units. If the zoning code allows for a duplex in your zoning district then L&I would issue a zoning permit and you would be able to get a rental license.

However, if a duplex was not allowed on your property by the zoning code, L&I would issue a Refusal. You could then appeal the Refusal to the Zoning Board of Adjustment. After meeting with the local neighborhood association for your property, the Zoning Board would have a hearing to decide whether to grant relief from the zoning code to allow a duplex on your property.

You are right that you would likely need a floor plan of the property in either situation. However, this can be done cheaper than you might think with the right architect.

Again, this is all hypothetical since I do not know the specifics of your situation and every property is different. This is also a very general overview of the process, which has additional requirements that I did not get into (notice, posting, etc.) If you'd like to reach out I'd be happy to discuss it with you further.

Without knowing more details about the property/space it's difficult to say, but generally I think your best bet would be to keep the duplex use and use the basement as additional space for one of the units or a common area for laundry, storage, etc.

Typically, the Philadelphia Zoning Board of Adjustment ("ZBA") and the Planning Commission do not look favorably on units located in basements and they are difficult to get approved. That being said, every property is different with a different set of circumstances, so nothing is impossible.