A complex zoning bill passed in City Council despite fierce opposition, but Mayor Parker still has to OK it

On Thursday, Councilmember Jeffery “Jay” Young passed a zoning bill he first introduced last May as part of his furious reaction to Mayor Cherelle L. Parker’s effort to establish a 90-bed homeless shelter in his district in Fairmount.

The legislation would alter an arcane section of the zoning code governing “nonconforming uses” in a way that Young’s critics believe will sow confusion and have unintended consequences. But Young’s initial proposal was so unpopular that it sat unapproved on Council’s calendar for almost a year.

Last month, Young attempted to soften his bill with an amendment that he hoped would get enough of his colleagues on board to ensure passage. Instead, almost all of the district Council members made him exempt their sections of the city from the legislation, further complicating Philadelphia’s patchwork of hyperlocal zoning rules.

“Others have a right to their opinion as to if this bill should become law in our city,” Young said in an email before Thursday’s vote. “I look forward to continuing to work with my colleagues and the administration on matters to improve the quality-of-life for the 5th District.”

The bill passed 15-2, an unusual split vote in a chamber that normally approves legislation unanimously. After most of the district Council members exempted themselves, all of Council voted for the legislation except Anthony Phillips and Rue Landau.

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The new law would apply only to Brian O’Neill’s district in Far Northeast, Cindy Bass’ Northwest Philly district, and Young’s district that spans much of North Philadelphia — if Parker signs it.

But the purpose, and perils, of Young’s bill will take some explaining.

Last May, Parker’s administration sought to address the opioid crisis in Kensington, in part, by expanding capacity at a homeless shelter at 2100 W. Girard Ave. so it could house people in addiction. Young lashed out against the plan, arguing that because the neighborhood for the proposed shelter is in his district that he should have been consulted.

Young threatened to subpoena the mayor to appear before Council and attempted to block the city’s lease of the shelter building. He also introduced an earlier version of the bill passed this week in a bid to close what he described as a loophole that allowed the project to move forward: an obscure element of the zoning code on “nonconforming uses.”

The property at 2100 W. Girard Ave. is zoned for multifamily residential development, which Young said he believed meant the shelter use wouldn’t normally be allowed under the property’s zoning. But Parker’s plans for the facility were allowed to move forward because the building’s use had been grandfathered in. It was previously used as a nursing home and then a homeless shelter.

That’s because zoning law in Philadelphia, like most other cities in Pennsylvania, allows for properties that predate existing land use laws to be allowed to operate as their current or similar uses. They revert to existing zoning laws only if the old use is abandoned for three years.

Because 2100 W. Girard had operated as a nursing home, the operators were able to reuse it as a homeless shelter under the old zoning laws. But Young didn’t think that was fair: Once the nursing home closed, he believed the new zoning should have taken effect immediately.

“In that event where you abandon your nursing home use and you use it as a shelter use, then under this legislation, you will be prohibited from trying to come back and say, ‘You know what? We’re going to still use it as some kind of medical facility,’” Young said in a City Council hearing last year.

The problem, Young’s critics said, was that there are tens of thousands of properties in Philadelphia that don’t strictly conform to existing zoning. They feared his bill would add a huge burden to anyone who, say, inherited a “nonconforming property” from a family member.

It would also flood the already overburdened zoning board with new cases and complicate operations for everyone from big developers to small-business owners. It would burden property owners who don’t have the resources to navigate the city bureaucracy.

“What we are doing with this bill is creating a citywide problem,” Rachael J. Pritzker, a zoning lawyer and board member of the Building Industry Alliance, said at a City Council hearing in June. “It is those in our city who cannot hire lawyers ... that we hurt.”

Young’s bill was unpopular with the administration, city planners, developers, and much of City Council. It received so much pushback that Young never got it passed — until now.

In February, Young circulated a tweak to his legislation called “Nonconforming Use Bill (Re-up) 11th Hour Amendment.”

Under the new language, the bill would no longer frustrate an effort like Parker’s shelter. Instead, Young said his new bill would apply only to property owners who sought to make changes illegally, without permits.

“Currently, if a property owner decides to change a grandfathered use, and L&I issues a violation, they still have a right to last permitted use,” Young said in an email. “This bill takes that ability away when a change occurs illegally.”

Young describes this as a punishment for “bad actors,” adding delay and inconvenience for those caught making changes illegally. Under current law, the property of ”bad actors” could already be fined, but Young’s bill would add another level of pain.

Young’s critics still believe the bill is written in a confusing and potentially damaging fashion. In a best-case scenario, where the amended bill does act as he intended, it will still be difficult to enforce because the city’s Department of Licenses and Inspections is already overburdened. If the new law is enforced, it could swamp Philadelphia’s zoning board and add to already lengthy delays.

“I always appreciate Councilman Young’s thoughtfulness about zoning issues; however, I would be cautious as [the city] tries to add 30,000 new units of housing to do anything that would overly increase the already full schedule of the zoning board,” said Lauren Vidas, a government affairs consultant with Enact Strategies.

Such concerns are why most district City Council members opted their districts out of Young’s bill. The Parker administration declined to comment on the legislation, although its opposition is widely known in City Hall.

It now heads to her desk for approval, although it is unknown if she will sign it. Parker has never vetoed a piece of legislation.

When asked why he voted against the bill, Phillips would only comment: “I support the mayor of the city of Philadelphia.”