Since I began my tenure as Executive Director of the Chestnut Hill Conservancy in January, the question I hear most often is, “How was ‘that’ allowed to be built in Chestnut Hill?”

“That” refers to the new developments on either side of the Chestnut Hill Baptist Church at the “top of the hill” — the nearly complete four-story brick building south of the church at 8623 Germantown Ave., and the five-story building under construction to the north at 10 Bethlehem Pike. The historic church — the oldest in Chestnut Hill — dates to 1835, and the new buildings will sit tight to the church’s long, narrow property lines and its sanctuary windows.

How did this happen? The short answer is “by right” development. “By right” means permitted “as of right” by the Philadelphia Zoning Code, which regulates building height, setbacks, and floor area, as well as use, parking, and more. Each developer worked with design professionals to meet code requirements, and the city issued zoning permits (in the case of 10 Bethlehem Pike, as upheld in court after neighbors appealed the city’s decision), followed by building permits.

The longstanding zoning review process in Chestnut Hill — a partnership among the Conservancy and its Historic District Advisory Committee (HDAC), the Chestnut Hill Community Association and its committees, and the Chestnut Hill Business District — does not cover “by right” development. The Zoning Code primarily requires an advisory “Registered Community Organization” (RCO) review when a proposed project needs a zoning “variance” or “special exception,” requiring special permission from the City’s Zoning Board of Adjustment (ZBA).

“By right” development is common, as most owners prefer to build what is permitted by law when they buy a property, avoiding the longer and more uncertain ZBA process.

What can be done to ensure that future construction complements the architectural character of historic buildings and reflects local concerns? Below I outline some existing regulatory tools that give communities the opportunity to influence “by right” construction, followed by a new idea from the Conservancy:

Remapping. Also called “rezoning,” remapping refers to amendments to the city’s zoning map that change the zoning district designation for one or more properties. Remappings change rules for height, floor area, use, and other parameters in accordance with the new zoning district.

Overlays. Applied on top of underlying zoning districts, overlays are a more precise tool that can promote or discourage certain zoning outcomes. They can, for example, mandate reduced height limits or larger building setbacks, or allow or prohibit certain uses.

Text Amendments. These are targeted edits to the Zoning Code to enable very specific outcomes. For example, changing the number “38” to “45” for a height limit, or adding “visitor accommodation” (which actually means hotel) to a list of permitted uses.

Civic Design Review. Certain larger projects require an RCO meeting and a meeting with the Planning Commission’s CDR Committee, which makes advisory recommendations on how to improve the “public realm” aspects of projects.

Historic Districts. Philadelphia (as opposed to national) historic districts provide a layer of protection that can restrict what can be accomplished “by right.” The Philadelphia Historical Commission reviews proposed alterations in accordance with national standards in historic preservation.

Since its founding as the Chestnut Hill Historical Society in 1967, the Conservancy has encouraged property owners to incorporate historic preservation standards into both “by right” and zoning variance projects, both publicly and behind the scenes. Today, collaborating with CHCA and CHBD, we are exploring potential zoning district overlays, and, as part of our new 2025-2030 Strategic Plan, we will evaluate potential local historic district designations in collaboration with property owners and the community.

We will continue to push on these fronts, but they will take time. To enable us to act now, in response to growing concerns over development pressure, the Conservancy’s HDAC will begin to review “by right” projects that have the potential to adversely affect historic neighborhood context.

Supported by the Conservancy’s staff, the HDAC will aim to meet with developers in workshops to provide tailored feedback on project changes that could benefit the public, and, as appropriate, will hold meetings to allow direct public review and comment.

Why would a developer engage in this voluntary process? We have specific experience intervening with property owners who want to strengthen community relationships, capitalize on the value of preservation, demonstrate good stewardship of historic resources, and reduce the risk of conflict with interested parties.

As a zoning attorney, I also have personal experience working with developers and community groups, and welcome the opportunity to facilitate productive conversations. The Conservancy believes future projects will benefit from a collaborative, community-engaged process that results in contextually designed buildings, while still allowing developers to make a return on their investment.

David Gest, Esq. is Executive Director of the Chestnut Hill Conservancy. To learn more, please visit chconservancy.org.