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The comicbook Penguin had no physical deformities at all. He didn't have webbed fingers or any of that shit, he never lived in the sewers, etc. It was only like that in Batman Returns. He was only called the Penguin because of his long nose, and because he waddled when he was a kid.
I can understand how he would be better avoided, though. He's not actually supposed to be sociopathic; he is, within canon, completely aware of himself and fully competent. He's hard to portray in that context because he's... just sort of a weird character. Batman Returns had to almost totally transform him across the board to make him work at all, and I can understand why they'd rather pick a character they can use as-is instead of totally reinventing.
So far, the villains used have been pretty well in their element; actual, comicbook depictions of the Joker and the Scarecrow akin to their movie counterparts have been around forever. Part of what I loved about Dark Knight Joker was all the comic shoutouts and in-jokes. With the Penguin, though... they'd have to change him pretty heavily to make him interesting, which would alienate some fans. It'd be easier to just pick someone that doesn't need as much changing.
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