Opening a restaurant in Philadelphia can involve much more than finding the right location and negotiating a lease. Depending on the proposed use and the property's zoning classification, a restaurant operator may also need approval from the Philadelphia Zoning Board of Adjustment (ZBA).
That was the challenge facing Slider Company.
Slider Company sought approval for a new Philadelphia restaurant at an existing commercial property. Although the proposed use satisfied the applicable criteria under the Philadelphia Zoning Code, the project faced substantial neighborhood opposition involving concerns about odors, food pick-up operations, traffic, noise, hours of operation, and the potential effect on nearby residences.
Nochumson P.C. represented Slider Company before the ZBA and secured the requested special exception, allowing the restaurant project to move forward.
A special exception is different from a zoning variance. A special exception involves a use that may be permitted under the Philadelphia Zoning Code when the applicable requirements are satisfied.
That does not necessarily make the approval process simple.
In Slider Company's case, neighborhood opposition meant the zoning hearing required more than establishing that the proposed restaurant met the applicable requirements. The presentation also needed to address concerns about how the restaurant would operate and its potential effect on the surrounding community.
Those concerns included cooking odors, vehicle traffic associated with food pick-up, operating hours, noise, and impacts on nearby residential properties.
For a restaurant operator, issues like these can become significant obstacles to obtaining zoning approval, even when the proposed use otherwise satisfies the applicable zoning criteria.
Drawing on its extensive experience appearing before the ZBA, Nochumson P.C. presented testimony and documentary evidence supporting Slider Company's application.
The presentation established that the proposed restaurant satisfied the applicable zoning standards and was consistent with the surrounding mixed-use corridor. Nochumson P.C. also demonstrated that the proposed use would not adversely affect public health, safety, or welfare.
But establishing compliance with the Zoning Code was only part of the strategy.
Nochumson P.C. also addressed the concerns raised by the surrounding community. Carefully tailored operational conditions helped mitigate potential impacts while allowing Slider Company to preserve the viability of its business.
By grounding the presentation in the evidentiary record and established ZBA precedent, Nochumson P.C. demonstrated that Slider Company's proposed use satisfied the legal requirements for a special exception.
The ZBA granted the requested special exception.
The approval allowed Slider Company to move forward with its proposed restaurant despite the neighborhood opposition. It also cleared the way for the productive reuse of an existing commercial property while maintaining compatibility with surrounding residential and commercial uses.
Read the full Slider Company case study to see how Nochumson P.C. approached the zoning challenge and secured the requested special exception.
The matter illustrates an important point for restaurant operators, property owners, and developers in Philadelphia: obtaining zoning approval is not always simply a matter of showing that a proposed use appears permissible on paper.
A successful zoning strategy may also require a strong evidentiary presentation, familiarity with ZBA precedent, and a practical approach to legitimate community concerns.
Zoning issues can affect a project well before a business opens its doors. For anyone leasing, purchasing, or developing commercial property in Philadelphia, understanding the property's zoning requirements early can help identify potential obstacles before they affect a transaction or project timeline.
When ZBA approval is required, preparation matters. The applicant should understand the applicable zoning standards, anticipate issues that may arise during the hearing process, and be prepared to demonstrate why the proposed use satisfies the requirements for approval.
Community opposition can add another layer to that process. Addressing those concerns strategically can help distinguish between conditions that reasonably mitigate potential impacts and restrictions that could undermine the proposed business.
Nochumson P.C. represents property owners, developers, investors, and businesses in Philadelphia zoning and land use matters, including proceedings before the ZBA.
Negotiating a commercial lease or purchasing business property in Philadelphia?
Zoning considerations can have a significant effect on whether and how you can use a property. Nochumson P.C. can help evaluate those issues and develop a strategy for moving your project forward.
This article was prepared by a licensed Pennsylvania attorney at Nochumson P.C., a Philadelphia-based law firm with extensive experience in all thing's real estate, litigation, land use and zoning, and business counseling.