Opening a burger place in Fishtown shouldn’t be that hard | Editorial

Delaware Avenue used to be Philadelphia’s party district. During the 1990s, when nightclub culture was in full swing, people flocked to riverfront venues like Egypt and Maui. While patrons enjoyed the riverfront’s dance era, many of the people living nearby did not.

With the assistance of their district councilperson, Frank DiCicco, neighbors in Northern Liberties and Fishtown instituted restrictions in 2002 on what kind of businesses could operate in the area. This meant new bars and restaurants adjacent to the nightclub zone would have to go to the city’s zoning board for approval.

These days, club culture has faded. Young people are staying home, drinking less, and dancing is done on TikTok. Yet, the restrictive zoning rules remain — out of step with the neighborhood’s current needs and realities.

Take the new bar and restaurant proposed by the Slider Co. for a building at 2043 Frankford Ave. in Fishtown. Since the restriction affects any establishment that serves food or drinks, the business has been mired in red tape that has so far cost owners more than $40,000 in fees and six months in delays, according to reporting by The Inquirer’s Jake Blumgart.

Even after prevailing recently at the Zoning Board of Adjustment, the eatery could still face further delays — and more legal fees — if an appeal is filed.

These obstacles are a self-imposed limit on prosperity for Philadelphia.

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The city’s onerous wage and business taxes are often cited as a reason for the lack of economic growth, paucity of businesses, and stagnant job market. Having these zoning restrictions on the books contributes to these problems — without even the benefit of helping to fund city services. Instead, the tens of thousands in legal fees and rent payments go directly to local law firms and landlords.

It is also inherently unfair. With no objective standards, entrepreneurs are forced to defend themselves against vague arguments. A potential neighbor of the Slider Co. argued to the zoning board that a bar and restaurant would be out of character for the corridor. Never mind that the area is already home to LeoFigs, a winery and restaurant, St. Oner’s restaurant, and Brewery ARS. This incongruity led some neighbors to allege that opposition may be based on race. The Slider Co.’s owners are Black, and most of Fishtown is not.

Over time, maintaining these kinds of zoning restrictions incentivizes the growth of the kind of national franchises that can afford to go through the process, as opposed to the scrappy local options that lack the resources needed to wait out the delays. This board has long opposed the proliferation of these types of limits, as well as the tradition of councilmanic prerogative that makes them possible.

Given City Council is unlikely to give up prerogative — the tradition of allowing district Council members to control land use in their districts — or to stop adopting zoning restrictions anytime soon, one way they can mitigate some of the resulting bureaucratic entanglement for future Philadelphians is to enact a sunset provision.

Attaching an expiration date to zoning restrictions would change the conversation.

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Instead of asking why a zoning overlay should be repealed, policymakers would ask why it should be extended. In some cases, antiquated restrictions may simply disappear. After all, the nightclub restriction along Delaware Avenue is not the only one that could use a refresh.

In much of South Philadelphia, residents are prohibited from adding a third story to their homes without including an 8-foot setback. Beyond making for some truly ugly streetscapes, the requirement also makes the high cost of adding a floor futile by eliminating a sizable chunk of the new square footage. This restriction was passed with the aim of preventing gentrification, but instead, it just makes it harder for families to rightsize their homes for the remote work era.

Creating a sunset clause doesn’t stop Council members from protecting their communities from unwanted changes; it just allows Philadelphia the chance to evolve with the times.