Philly RSA-5 zoning and permit use question

[Eric Yee]

Hi, I’m looking for advice from a Philadelphia Zoning Attorney. I’m looking to buy a 1,115 square foot Philadelphia row home that has already been converted into 3 studio units. It’s zoned RSA-5 as a residential single family with permit use as a single family. Can I get a change of use variance to make it a LEGAL multifamily or short term rental? Or will the city/L&I not allow it due to the square footage? I couldn’t find the minimum square footage needed per unit if it’s zoned RSA-5. Any help or advice is appreciated. Thanks!

[Stuart Udis]

If the base zoning is RSA5, single family is the allowed use & lot area is not relevant. To use as a 3 family, there would have  had to be a use permit issued and a rental license active within the last 3 years. If the rental license has lapsed for more than 3 years, a new rental license may be issued but is at the sole discretion of L&I. If no historic use permit exists, a use change variance will be required. Success is circumstantial but will need to show hardship.