Key Terms

The approval required from the Philadelphia Historical Commission before any alteration, demolition, or new construction affecting a designated historic building or a contributing structure in a historic district. L&I cannot issue a building permit for covered work without it. Staff approves the vast majority of applications; contested cases go to the Architectural Committee or the full commission.

A building within a designated historic district that the Historical Commission has determined contributes to the district's historical, architectural, or aesthetic character. Contributing structures face demolition restrictions even though they're not individually listed on the Philadelphia Register — owners must demonstrate economic hardship to get demolition approved. The distinction between "contributing" and "individually designated" significantly affects what rights owners have.

When a property owner allows a historic building to deteriorate through lack of maintenance to the point where demolition becomes the only viable option. Philadelphia's code (§14-1006) specifically targets this practice — the Historical Commission can require owners to stabilize and maintain at-risk structures. It comes up frequently in advocacy battles over deteriorating historic buildings.

A specific legal standard under §14-1005(6) that a property owner must meet to get Historical Commission approval for demolition of a historic structure. The bar is high: the owner must show that sale of the property is impracticable, that commercial rental can't provide a reasonable rate of return, and that other potential uses are foreclosed. This is a different and more demanding test than the ZBA's hardship standard for zoning variances.

Financial incentives that offset the cost of rehabilitating designated historic buildings. The federal Historic Tax Credit provides a 20% income tax credit for qualified rehab expenses on income-producing National Register properties. The Pennsylvania Historic Preservation Tax Credit (HPTC) provides up to 25% of qualified costs, administered by PHFA — it is competitive, and demand regularly exceeds funding. Both can be stacked on the same project, which is how most large historic rehabs in Philadelphia pencil out financially.

The federal government's official list of historically significant properties, maintained by the National Park Service. Being on the National Register alone imposes no local regulations — an owner can still demolish or alter a nationally listed building without city approval, unless it is also locally designated. The National Register matters primarily for tax credit eligibility: only listed properties qualify for the federal and Pennsylvania state historic tax credits.

The city's official list of buildings, structures, sites, and districts designated as historic by the Philadelphia Historical Commission. Local designation is what triggers regulatory consequences: owners need a Certificate of Appropriateness before altering, demolishing, or building on a designated property, and the city can block demolition if the owner can't demonstrate economic hardship. One significant adaptive reuse tool: designated historic structures that previously had at least 2,500 sq ft of non-residential use automatically qualify for the more flexible use rules of a CMX-3 district, even in a residentially zoned block (§14-602(7)).

A nonprofit model for permanent affordability in which a trust retains ownership of land while selling or leasing the buildings to lower-income residents. Because the trust controls the land, resale prices can be capped to keep homes affordable in perpetuity. Philadelphia has a handful of CLTs and the Land Bank has made some dispositions to CLT partners.

The sale or transfer of a publicly owned property to a private developer, nonprofit, or other entity. A disposition is not complete until the deed is transferred; Land Bank board approval and City Council sign-off are intermediate steps, not the finish line.

The contract between the Land Bank (or a city agency) and a buyer governing the sale of a publicly owned property. Often includes deed restrictions, development timelines, affordability covenants, and reversion clauses if conditions aren't met. Board approval of a disposition is approval of these terms, not just the transaction itself.

A public entity created in 2013 to consolidate the city's inventory of tax-delinquent and city-owned vacant properties and return them to productive use. The Land Bank can acquire properties from multiple city agencies, clear title, and sell them through competitive RFPs or direct sales. Its board approves individual dispositions, subject to City Council sign-off. Staffed by PHDC employees; distinct from but operationally linked to the Philadelphia Redevelopment Authority.

The primary mechanism by which the Land Bank and other city agencies solicit development proposals for publicly owned properties. RFPs specify the site, programmatic requirements (affordability, permitted uses), and evaluation criteria. Winning an RFP doesn't transfer the property — it begins a negotiation process that culminates in a disposition agreement and eventual board and Council approval.

A PHDC homeownership program (not a Land Bank program per se, though PHDC often works with Land Bank inventory) in which city-owned vacant properties are made available to income-qualified buyers who commit to owner-occupancy. Buyers who meet affordability thresholds and deed restrictions can acquire properties at below-market prices, sometimes with rehab financing attached. The centerpiece of Mayor Parker's H.O.M.E. initiative.

A legal restriction recorded against a property's deed that limits how it can be used, often for a set number of years. Common in affordable housing dispositions: a buyer might get a Land Bank property at a discount in exchange for a 30-year covenant requiring units be rented at affordable rates. Runs with the land, meaning future buyers are also bound.

The unwritten norm — not a law — by which Council members defer to a district colleague's position on land use in that district. Gives each district councilmember effective veto power, often exercised through inaction: a Land Bank resolution sits unsigned, a remapping bill never gets a hearing.

A second, smaller dwelling unit on the same lot as a primary home — like a garage apartment, basement unit, or backyard cottage. Philadelphia's zoning code has historically been restrictive on ADUs, limiting where and how they can be built. This has become a live policy debate as the city looks for gentle-density housing options in existing rowhouse neighborhoods.

The three-dimensional volume within which a structure must fit, defined by height limits, setbacks, and stepback requirements. Understanding the envelope helps translate abstract zoning numbers into what a building would actually look like on a specific site. When attorneys say a project "fits within the envelope," they mean no variances are needed for the building's size or position.

A project that complies with existing zoning as-of-right — no variance, special exception, or discretionary approval from ZBA or PCPC needed. By-right projects get a permit from L&I without any public hearing. In Philadelphia, relatively few projects qualify because of the proliferation of overlays and outdated base zoning.

A use permitted in a zoning district, but only with approval from the City Planning Commission — not the ZBA. Conditional uses sit between by-right development and variances: the use itself is anticipated by the code, but PCPC reviews whether the specific proposal meets certain standards. Conditional use approvals are also subject to City Council appeal, giving them a political dimension that variances don't have.

In zoning, density usually refers to the number of dwelling units per acre or per lot — which is different from FAR, which measures total floor area. A building can have high FAR but low unit density (large units) or low FAR but relatively high density (small units). These terms get conflated in neighborhood debates, but they control different things and a project could be within FAR limits while still requiring a density variance.

The ratio of a building's total floor area to its lot size. A FAR of 2.0 on a 5,000 sq ft lot allows up to 10,000 sq ft of floor area. FAR limits determine how much can legally be built on a parcel before a variance is needed. Related but distinct from lot coverage (which controls the footprint) and density (which counts units).

The legal standard an applicant must meet to obtain a variance from the ZBA. It is not enough to show that zoning makes development harder or less profitable — Pennsylvania law requires a showing of unnecessary hardship tied to conditions specific to that property. Economic hardship alone is insufficient; courts have held that difficulty or reduced profitability doesn't qualify. One of the most commonly misunderstood concepts in ZBA coverage. Note: the Historical Commission applies a separate and more demanding hardship standard for demolition approvals.

Zoning policies that require or incentivize developers to include affordable units in market-rate projects. Philadelphia's current IZO is largely voluntary — developers access bonus density in exchange for affordable units. Advocates have pushed for mandatory requirements that don't depend on a density bonus trade.

A use or building that was legal when established but no longer complies with current zoning. Commonly called "grandfathered." Nonconforming uses can continue but face restrictions on expansion or change of use. Losing nonconforming status — through abandonment or a change of use — means the property must comply with current zoning going forward, often requiring a variance.

The percentage of a lot's total area that can be covered by buildings. Related to FAR but distinct: FAR controls total floor area across all stories, while lot coverage controls the footprint. A building could stay within FAR limits but still violate lot coverage if it spreads too wide. In Philadelphia rowhouse districts, lot coverage limits typically run 75–80%.

A zoning code requirement specifying the minimum number of off-street parking spaces a new development must provide. Philadelphia has been reducing or eliminating parking minimums in transit-accessible areas — a significant and sometimes controversial policy shift. The TOD overlay reduces or eliminates minimums within 500 feet of certain transit stations. Parking minimums drive up construction costs and often dictate building form more than any other single zoning provision.

Neighborhood groups officially recognized by the city that must be notified when a property owner applies for a zoning variance or special exception. Developers are required to attend an RCO meeting before their ZBA hearing — giving neighbors a formal (if limited) say in the process. Not every civic association is an RCO, and some neighborhoods have multiple overlapping ones. The RCO must communicate the outcome of the community meeting to the ZBA, and its support or opposition can be decisive.

Changing the official zoning designation of a property or area — e.g., from residential single-family (RSA-5) to commercial mixed-use (CMX-2). Proposed by councilmembers or PCPC, reviewed by the Planning Commission, and enacted by City Council as legislation. Councilmanic prerogative means remapping in a given district is almost entirely controlled by the local councilmember.

The minimum required distance between a building and the edge of a lot — measured from the front, rear, or sides. Setbacks determine how close to the sidewalk or neighboring properties a new building can be built. In Philadelphia's rowhouse neighborhoods, front setbacks are often zero, which is why buildings come right up to the sidewalk. "Contextual setback" rules in RSA-5 require new buildings to match the setback of immediately adjacent structures.

A use permitted in a zoning district, but only if the ZBA determines certain conditions are met. Unlike a variance (which requires proving hardship), a special exception applicant just needs to show compliance with specific criteria in the code — a lower bar than a variance. Unlike a conditional use, it goes to the ZBA rather than PCPC.

When a single parcel is rezoned in a way that's inconsistent with the surrounding neighborhood's zoning, often to benefit a specific owner or developer. It is a legally disfavored practice — Pennsylvania courts can invalidate rezonings found to constitute illegal spot zoning. The term comes up frequently in remapping fights where neighbors allege a councilmember is carving out special treatment for one property.

A zoning overlay applied to parcels within 500 feet of certain transit stations in Philadelphia. The overlay reduces or eliminates parking minimums and in some cases increases allowable density, to encourage walkable, car-light development near transit. Whether a parcel falls inside or outside the 500-foot buffer can meaningfully change what can be built there by right — sometimes the difference between needing a variance and not.

ZBA approval to build or use a property in a way that doesn't comply with the Zoning Code. Use variances allow a use not permitted in the district (e.g., commercial in a residential zone). Dimensional variances allow a building that exceeds height, setback, or parking requirements. Use variances require a higher legal standard — the applicant must demonstrate unnecessary hardship specific to the property, not just economic inconvenience.

An extra layer of zoning regulations on top of the base zoning district, typically restricting what can be built. Neighborhood Conservation Overlays (NCOs) can limit building heights, require parking, or restrict uses. Philadelphia has accumulated hundreds of overlays — many passed by individual councilmembers — driving the high volume of ZBA variance requests. Always check what overlays apply before drawing conclusions about what a zoning designation means for a specific parcel.