Philadelphia City Zoning Code
CHAPTER 14
500. OVERLAY ZONING DISTRICTS
§ 14-512. /ANC, Airport Noise Compatibility Overlay District.
{Reserved}
(1) Establishment.
(a) Overlay district regulations may be established or amended only in accordance with the Zoning Code text amendment procedures of § 14-304(3) (Zoning Map and Text Amendments).
(b) Overlay zoning district boundaries may be established, amended, or removed only in accordance with the zoning map amendment procedures of § 14-304(3) (Zoning Map and Text Amendments).
(c) Overlay zoning districts shall be identified in this Zoning Code by appending a forward slash (/) to the overlay district map designation.
(2) Interpretation.
(a) Overlay zoning district regulations apply in combination with underlying base zoning district regulations and all other applicable regulations of this Zoning Code. All applicable zoning code regulations apply in overlay districts, except that when overlay district standards conflict with standards that would otherwise apply under this Zoning Code, the regulations of the overlay zoning district govern. When two or more overlay district provisions conflict, the stricter provision shall govern, unless otherwise specified. 326
(b) All development within an overlay district must also comply with the requirements of Chapter 14-1000 (Historic Preservation), as applicable.
(1) Purpose.
The /CTR, Center City Overlay district is established in order to preserve the existing character and encourage the revitalization of the Center City area.
(2) Applicability.
(a) District Boundaries.
The /CTR Overlay district, beginning at its northwest boundary and proceeding east, is the area bounded by Poplar Street, 6th Street, West Girard Avenue, Frankford Avenue, North Delaware Avenue, Beach Street, East Columbia Avenue, the Delaware River, Reed Street, Front Street, Washington Avenue, Grays Ferry Avenue, Ellsworth Street, and the Schuylkill River, as shown on the /CTR Overlay district map for illustrative purposes only.
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(b) Area Boundaries.
The standards and regulations of this section apply to the areas within the /CTR Overlay district set forth as follows:
The Benjamin Franklin Parkway Area, beginning at its southwest boundary and proceeding east, is bounded by the Schuylkill River, John F. Kennedy Boulevard, North 23rd Street, Arch Street, North 22nd Street, Walden Street, North 21st Street, Cuthbert Street, North 19th Street, Arch Street, North 18th Street, Vine Street, Franklin Town Boulevard, North 17th Street, Brandywine Street, North 21st Street, Fairmount Avenue, North 22nd Street, and Aspen Street, following a line extending from the center line of Aspen Street west to the Schuylkill River.
(.2) Broad Street Area.
The Broad Street Area consists of:
(.a) South: Lots fronting on Broad Street between South Penn Square and Washington Avenue.
(.b) North: Lots fronting on Broad Street between John F. Kennedy Boulevard and Poplar Street.
(.c) Mid-North: Lots fronting on Broad Street between John F. Kennedy Boulevard and Spring Garden Street.
(.d) Central: Lots fronting on Broad Street between South Street and Spring Garden Street.
(.e) Mid-South: Lots zoned CMX-5 in the area bounded by Spruce Street, Juniper Street, Cypress Street, Watts Street, Pine Street and Broad Street. 329
(.3) Center City Commercial Area.
The Center City Commercial Area consists of any lot fronting on or located within 200 ft. of any of the following streets:
(.a) Chestnut Street between Front Street and the Schuylkill River.
(.b) Walnut Street between Front Street and the Schuylkill River.
(.c) Broad Street between South Penn Square and Washington Avenue.
(.d) Market Street between Front Street and Fifth Street.
(.4) City Hall Area.
The City Hall area is the area bounded by Arch Street, 16th Street, Chestnut Street, and 13th Street.
(.5) City Hall Sign Area.
The City Hall sign area consists of City Hall, lots fronting on any street bounding City Hall, and lots fronting on Broad Street from Arch Street to Chestnut Street.
(.6) City Hall View Corridor, Northeast.
City Hall View Corridor, Northeast is the area not more than 260 ft. on either side of the line bearing north 59 degrees 51 minutes 20 seconds east, beginning at City Hall Tower, and within the area bounded by the south side of Spring Garden street to the north and the west side of 4th street to the east.
(.a) Northeast 1: The portion of the City Hall View Corridor, Northeast within 100 ft. on either side of the line bearing north 59 degrees 51 minutes 20 seconds east as measured through the center line of City Hall Tower.
(.b) Northeast 2: The portion of the City Hall View Corridor, Northeast that is more than 100 ft. from the line bearing north 59 degrees 51 minutes 20 seconds east as measured through the center line of City Hall Tower. 330
(.7) City Hall View Corridor, Southeast.
City Hall View Corridor, Southeast is:
(.a) Southeast 1: The area which lies between the line bearing south 54 degrees 45 minutes 29 seconds east and the line bearing south 53 degrees nine minutes 45 seconds east, and which is at least 7,165 ft. from that point on the Philadelphia Museum of Art steps designated as N240740, E2719920 on the Pennsylvania State Plane Coordinate South Zone Map.
(.b) Southeast 2: The area which lies between the line bearing south 53 degrees nine minutes 45 seconds east and the line bearing south 48 degrees 49 minutes 59 seconds east, and which is at least 7,165 ft. from that point on the Philadelphia Museum of Art steps designated as N240740, E2719920 on the Pennsylvania State Plane Coordinate South Zone Map.
(.8) Chestnut and Walnut Street Area.
The Chestnut and Walnut Street Area consists of lots fronting on Chestnut or Walnut Street between Front Street and the Schuylkill River and is further subdelineated as follows:
(.a) East: The portion of the Chestnut and Walnut Street Area that is east of 7th Street.
(.b) West: The portion of the Chestnut and Walnut Street Area that is west of 7th Street.
(.10) Convention Center Area.
The Convention Center Area consists of lots fronting on Broad Street between Race Street and Arch Street.
(.11) Independence Hall Area.
The Independence Hall Area consists of Independence Mall and Independence National Historic Park, as defined by the U.S. National Park Service and shown on the following map for illustrative purposes only, and lots adjacent to the boundaries of the Independence Mall and Independence National Historic Park.
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(.12) John F. Kennedy Boulevard Area.
The John F. Kennedy Boulevard Area consists of lots fronting on John F. Kennedy Boulevard between 15th Street and the Schuylkill River.
(.13) Locust Street Area.
The Locust Street Area consists of lots fronting on Locust Street between Front Street and the Schuylkill River.
(.14) Logan Square Area.
The Logan Square area consists of Logan Square and lots fronting on any street bounding Logan Square.
(.15) Market Street Area.
The Market Street Area consists of lots fronting on Market Street between Front Street and the Schuylkill River and is further subdelineated as follows:
(.a) East: The portion of the Market Street Area between Front Street and 5th Street.
(.b) West: The portion of the Market Street Area between 15th Street and the Schuylkill River. 331
(.16) Minimum Building Height Area.
The Minimum Building Height Area consists of lots on the south side of any of the following streets:
(.a) John F. Kennedy Boulevard between 15th Street and the Schuylkill River.
(.b) Market Street between Front Street and the Schuylkill River.
(.c) Sansom Street between Front Street and the Schuylkill River, except within 130 ft. east of the east side of Broad Street or within 130 ft. west of the west side of Broad Street.
(.d) Locust Street between Front Street and the Schuylkill River, except within 100 ft. east of the east side of Broad Street or within 230 ft. west of the west side of Broad Street. 332
(.e) Spruce Street between Front Street and the Schuylkill River, except within 100 ft. east of the east side of Broad Street or within 230 ft. west of the west side of Broad Street.
(.17) Old City Residential Area.
The Old City Residential area is bounded by Spring Garden Street, 2nd Street, Callowhill Street, 6th Street, Vine Street, 5th Street, Independence Mall East, Walnut Street, Front Street, a line extending from the north street line of Market Street to the Delaware Expressway, the Delaware Expressway, Wood Street and Christopher Columbus Boulevard. The Old City Residential area is further subdelineated as follows: 333
(.a) Central: the area bounded by Wood Street, 6th Street, Vine Street, the east street line of 5th Street, the north property line of all properties fronting on the north side of Market Street, and the Delaware Expressway.
(.b) Bridge Approach: the area bounded by 3rd Street, New Street, the west side of I-95, and Race Street. 334
(.c) Core: the area bounded by the Benjamin Franklin Bridge, the Delaware Expressway, Race Street, Front Street, Walnut Street, Independence Mall East, and 5th Street. 335
(.18) Parking Garage Ground Floor Use Control Area.
The Parking Garage Ground Floor Use Control Area consists of (a) any lot with frontage on Arch Street, John F. Kennedy Boulevard, Market Street, Chestnut Street, Sansom Street, Walnut Street, Locust Street, Spruce Street, Pine Street, Lombard Street, or South Street between Front Street and the Schuylkill River; and (b) any lot with frontage on Broad Street between South Penn Square and Washington Avenue.
The Parkway Buffer area is:
(.a) Northwest: any lot where any portion of the lot is located within the boundary lines of the Benjamin Franklin Parkway (as indicated on the City Plan) or Logan Square and within 200 ft. of the Benjamin Franklin Parkway (as indicated on the City Plan) or Logan Square, between Fairmount Park and 18th Street.
(.b) Southeast: any lot where any portion of the lot is located within the boundary lines of the Benjamin Franklin Parkway (as indicated on the City Plan) and within 200 ft. of the Benjamin Franklin Parkway (as indicated on the City Plan) between Broad Street and 18th Street.
(.20) Residential Parking Control Area.
The Residential Parking Control Area is the portion of the /CTR Overlay district that is south of Chestnut Street.
(.21) Rittenhouse Square.
The Rittenhouse Square area is the area within 425 ft. of the street frontages of Rittenhouse Square. 337
(.22) South Street/Head House Square Area.
The South Street/Head House Square area consists of all lots within the area depicted on the South Street/Head House Square Area map and is further subdelineated as follows:
(.a) Central: The portion of South Street/Head House Square Area that fronts on South Street.
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(.23) Southwark National Historic District.
The Southwark National Historic District boundaries are: beginning at the southwest corner of Front and Lombard Streets and continuing south along the west side of Front Street to Catherine Street; then east on Catherine Street to the rear property lines of the houses on the east side of Front Street (from Catherine Street to Queen Street); then south along these property lines to the rear property lines of the houses on the north side of Queen Street; then extending along these lines east to Delaware Avenue; then south along Delaware Avenue to Washington Avenue; then west along Washington Avenue to the Northwest corner of 5th Street and Washington Avenue; then north along the west side of 5th Street (including all those buildings located on the west side of 5th Street) to the southwest corner of 5th Street and Lombard Street; then east along the south of Lombard Street (including all those buildings or the south side of Lombard Street) to the southwest corner of Front and Lombard Streets, the place of beginning, being that area which is designated as a historical area on the National Register of Historic Places on the 19th of May, 1972.
(.24) Spruce Street Area.
The Spruce Street Area consists of lots fronting on Spruce Street between Front Street and the Schuylkill River and is further subdelineated as follows:
(.a) East: The portion of the Spruce Street Area between Front Street and Broad Street.
(.25) Vine Street Area.
The Vine Street Area is bounded by Spring Garden Street (extended); the Schuylkill River; Race Street (extended); and the Delaware River.
(.26) Washington Square.
The Washington Square area is the area within 150 ft. of the street frontages of Washington Square.
The South Street West area is bounded by South Street, 15th Street, Kater Street, and 16th Street.
The Market Street East Retail Area is:
(.a) North: The area bounded by Market Street, 8th Street, Filbert Street, and 11th Street.
(.b) South: The area bounded by Market Street, 12th Street, Ludlow Street (extended), and 11th Street.
The Center City Commercial District Control Area shall include all lots within the area bounded by the south side of Spring Garden Street (excluding lots with street frontages on the south side of Spring Garden Street from Broad Street to the Schuylkill River), the Delaware River, both sides of South Street (extended), and the Schuylkill River.
The Center City Residential District Control Area shall include all lots within the area bounded by the south side of Spring Garden Street (excluding lots with street frontages on the south side of Spring Garden Street from Broad Street to the Schuylkill River), the Delaware River, Washington Avenue (extended), and the Schuylkill River.
The Rittenhouse Square Residential Area includes all properties on both sides of the street known as Rittenhouse Square (located between Spruce Street and Locust Street) between 20th street and 21st street.
The Society Hill Area is bounded by Walnut Street, 8th Street, Lombard Street, and the Delaware River. The Society Hill Area is further subdelineated as follows:
(.a) Northeast: The area bounded by Walnut Street, 4th Street, Willings Alley, 3rd Street, Thomas Paine Place, Dock Street and 2nd Street.
The West Chestnut Street Area shall consist of all lots with at least 80 ft. of street frontage on the south side of Chestnut Street and street frontage on the north side of Ionic Street, beginning at the corner of 20th Street and following a line running westwardly along Chestnut Street a distance of 205 ft.
The Mid-Walnut Street Area shall apply to all properties zoned CMX-5 that front on the north side of Walnut Street (extending west 135 feet from the northwest corner curb line of 11th and Walnut Streets) and front on the west side of 11th Street (extending north 70 feet from the northwest corner curb line of 11th and Walnut Streets).
(c) Additional Regulations Elsewhere.
The bulk and massing controls of § 14-701(5) (CMX-4 and CMX-5 Bulk and Massing Controls) may apply to certain CMX-4 and CMX-5-zoned lots located in the /CTR Overlay district.
(d) /CTR Summary Table.
Table 14-502-1, below, summarizes the standards and regulations of this § 14-502 (/CTR, Center City Overlay District). In the event of conflict between the provisions of Table 14-502-1 and the text of this Zoning Code, the text shall govern. 346
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Area | Height Controls | Setback/ Build-To Controls | Supplemental Use Controls | Parking & Loading Controls | Sign Controls | Special Review Controls | Bulk and Massing Controls |
Area | Height Controls | Setback/ Build-To Controls | Supplemental Use Controls | Parking & Loading Controls | Sign Controls | Special Review Controls | Bulk and Massing Controls |
Benjamin Franklin Parkway Area | § 14-502(3)(d) | § 14-502(6)(a) | § 14-502(9)(e) | ||||
Broad Street Area | |||||||
South | § 14-502(8)(a) | ||||||
North | |||||||
Mid-North | § 14-502(3)(k) | § 14-502(6)(b) | |||||
Central | § 14-502(4)(a) | § 14-502(6)(e) | |||||
Mid-South |
§ 14-502(6)(i) | ||||||
Center City Commercial Area | § 14-502(7)(b) | ||||||
Center City Commercial District Control Area | § 14-502(9)(c) | ||||||
Center City Residential District Control Area | § 14-502(4)(c) | ||||||
City Hall Area | § 14-502(3)(a) | ||||||
City Hall Sign Area | § 14-502(7)(k) | ||||||
City Hall View Corridor, Northeast | § 14-502(3)(b) | ||||||
City Hall View Corridor, Southeast | § 14-502(3)(c) | ||||||
Chestnut and Walnut Street Area | § 14-502(3)(k) | § 14-502(4)(a) | § 14-502(8)(a) | ||||
East | |||||||
West | |||||||
Convention Center Area | |||||||
Independence Hall Area | § 14-502(3)(g) | § 14-502(8)(b) | |||||
John F. Kennedy Boulevard Area | |||||||
Locust Street Area | § 14-502(6)(a) | ||||||
Logan Square Area | |||||||
Market Street Area | |||||||
East | § 14-502(8)(a) | ||||||
West | |||||||
Market Street East Retail Area | |||||||
North | |||||||
South | |||||||
Mid-Walnut Street Area | § 14-502(3)(o) | § 14-502(6)(m) | § 14-502(9)(g) | ||||
Minimum Building Height Area | § 14-502(3)(j) | ||||||
Old City Residential Area |
§ 14-502(6)(f) | ||||||
Central | § 14-502(3)(h) | ||||||
Bridge Approach | |||||||
Core | § 14-502(6)(n) | ||||||
Parking Garage Ground Floor Use Control Area | § 14-502(6)(d) | ||||||
Parkway Buffer | § 14-502(6)(f) | § 14-502(8)(b) | |||||
Northwest | § 14-502(3)(e) | ||||||
Southeast | § 14-502(3)(f) | ||||||
Residential Parking Control Area | § 14-502(6)(c) | ||||||
Rittenhouse Square | |||||||
Society Hill | |||||||
South Street/Head House Square | |||||||
Central | § 14-502(4)(a) | § 14-502(6)(a) | |||||
South Street West | § 14-502(6)(h) | § 14-502(9)(b) | |||||
Southwark National Historic District | § 14-502(7)(h) | ||||||
Spruce Street Area | § 14-502(4)(a) | ||||||
East | § 14-502(6)(a) | ||||||
Vine Street Area | § 14-502(7)(e) | ||||||
Washington Square
| § 14-502(7)(f) | ||||||
West Chestnut Street Area | § 14-502(6)(l) | § 14-502(8)(a) | § 14-502(9)(f) | ||||
(3) Height Regulations.
The following height regulations apply to the areas set forth in each subsection. To the extent a property is subject to a height maximum set forth in this § 14-502(3) (Height Regulations) and a height maximum set forth elsewhere in this Code, the smaller maximum shall apply, except the provisions of § 14-502(3)(l) (Center City Commercial District Control Area) shall supersede any height maximums set forth outside of this Chapter 14-500. Except for the City Hall area, the accompanying height control maps are for illustrative purposes only. 349
(a) City Hall.
The maximum height within the City Hall area is identified on Height Control Area Map 1.A.
(b) City Hall View Corridor Northeast.
(See Height Control Area Map 1.B.) The maximum height (measured from zero ft. City Datum) within the City Hall View Corridor Northeast area is as follows:
(.1) Northeast 1: 330 ft.
(.2) Northeast 2: The maximum height increases from 330 ft. along a 45 degree recession plane from the outer edge of Northeast View Corridor 1 to the outer edge of Northeast View Corridor 2, such that the maximum height at the outer edge of Northeast View Corridor 2 is 490 ft.
(See Height Control Area Map 1.C.) The maximum height (measured from zero ft. City Datum) within the City Hall View Corridor Southeast area shall be determined by the following formulas, where "d" is the horizontal distance in feet from the point on the Philadelphia Museum of Art steps designated as N240740, E2719920 on the Pennsylvania State Plane Coordinates South Zone Map, to the point of the building closest to such point on the steps.
(.1) Southeast 1: (d x 0.05705) + 90 ft.
(.2) Southeast 2: (d x 0.02586) + 90 ft.
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(.1) The maximum height within the Benjamin Franklin Parkway Area, except as provided in § 14-502(3)(d)(.2) and § 14-502(3)(d)(.4) below, is 125 ft. (See Height Control Area Map 2 for illustrative purposes only). This 125-foot height limit does not apply to monuments, belfries, cupolas, minarets, pinnacles, gables, spires, or ornamental towers not intended for human occupancy, provided that the total height of the structure and excepted items does not exceed a maximum height of 209 ft. 352
(.2) The maximum height within the area bounded by 23rd Street, John F. Kennedy Boulevard, the Schuylkill River, and the center line of the right-of-way of SEPTA is 500 ft. The maximum height within the area bounded by 23rd Street, the center line of the right-of-way of SEPTA, the Schuylkill River, and Cherry Street is 300 ft. These 500-foot and 300-foot height limits do not apply to penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, heating and cooling towers, or similar equipment required to operate and maintain the building.
(.3) For any proposed structure and with no residential uses, for which a building permit is issued on or before March 31, 2024, within the area bounded by 20th Street, Arch Street, Cuthbert Street and a line parallel to and 213.958 ft. west of 20th Street, the maximum height is 245 ft. This 245 foot height limit does not apply to penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, heating and cooling towers, or similar equipment required to operate and maintain the building provided that the height of a structure in the area described in the preceding sentence including such appurtenances shall not exceed 260 ft. 353
(.4) The maximum height within the area bounded by Callowhill Street, 19th Street, Vine Street, and 20th Street, is 360 ft. This 360-foot height limit does not apply to penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, heating and cooling towers, or similar equipment required to operate and maintain the building. 354
(e) Parkway Buffer Area, Northwest.
This § 14-502(3)(e) applies to the Northwest Parkway Buffer Area (See Height Control Area Map 2 for illustrative purposes only). No height limit applicable throughout the Buffer Area shall apply to a building no part of which is within the Buffer Area, notwithstanding that a portion of the lot on which the building is located is within the Buffer Area. 355
(.1) Religious Assembly.
Buildings used for religious assembly (e.g., churches and temples) fronting on or facing toward the Benjamin Franklin Parkway are exempt from this § 14-502(3)(e) (Parkway Buffer Area, Northwest).
The maximum height of the main cornice line may not exceed the width of the building facade fronting on the Parkway Drive or facing the Benjamin Franklin Parkway or Logan Square. In no case may the height of the main cornice line exceed the following:
(.a) Properties with street frontage on Parkway Drive or Logan Square: 80 ft.
(.b) Properties between 20th Street and Fairmount Park, but without frontage on Parkway Drive: 160 ft.
(.3) Above the Cornice Line.
No portion of the building, except pediment or attic wall, may exceed the height of the cornice, unless the portion above the cornice recedes from the plane of each building wall face at least as far as said portion extends above the cornice line. In no case may the height of any portion of a building exceed the following:
(.a) Properties between Fairmount Park and the Crescent: 100 ft.
(.b) Properties between the Crescent and 18th Street: 160 ft.
(.c) Properties between 20th Street and Fairmount Park: 180 ft. 357
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(f) Parkway Buffer Area, Southeast.
This § 14-502(3)(f) applies to the Southeast Parkway Buffer Area (See Height Control Area Map 2 for illustrative purposes only). No height limit applicable throughout the Buffer Area shall apply to a building no part of which is within the Buffer Area, notwithstanding that a portion of the lot on which the building is located is within the Buffer Area. 359
(.1) Religious Assembly.
Buildings used for religious assembly (e.g., churches and temples) fronting on or facing toward the Parkway are exempt from this § 14-502(3)(f) (Parkway Buffer Area, Southeast).
(.2) Main Cornice Line.
The maximum height of the main cornice line shall be three times the width of the building facade fronting on or visible at ground level within the boundaries of the Benjamin Franklin Parkway. In no case may the height of the main cornice line exceed the following:
(.a) Between Broad and 17th Streets: 230 ft.
(.b) Between 17th and 18th Streets: 200 ft.
No portion of the building, except pediment or attic wall, may exceed the height of the cornice, unless the portion above the cornice recedes from the plane of each building wall face at least as far as said portion extends above the cornice line. In no case may the height of any portion of a building exceed the following:
(.a) Between Broad and 17th Streets: 268 ft.
(.b) Between 17th and 18th Streets: 245 ft.
(g) Independence Hall Area.
This § 14-502(3)(g) applies to the Independence Hall Area (See Height Control Area Map 3 for illustrative purposes only).
(.1) The building height limitations of this subsection shall not apply to the following portions of Independence National Historical Park:
(.a) Old Christ Church;
(.b) Franklin Court; or
(.c) South of Walnut Street, between Fourth and Fifth Streets, except for any building with street frontage on Walnut Street.
(.2) No building or portion of the exterior of a building in the Independence Hall Area shall be constructed, reconstructed, erected, or altered if the proposed construction, reconstruction, erection, or alteration will exceed 45 ft. in height, measured to any cornice line within 25 ft. of the established building line. Any chimney, penthouse, or other structure, whether attached to a building by its own weight or otherwise, shall be considered to be part of that building, and, within 25 ft. of the established building line, shall not exceed in height above the cornice line of the building the amount of its setback from the established building line. 361
Except for the Bridge Approach area, as defined in subsection (2)(b)(.17)(.b), above, the maximum height within the Central Old City Residential Area shall be 65 ft.(See Height Control Area Map 3 for illustrative purposes only).
Buildings located on lots that are zoned RMX-3, CMX-4, or CMX-5 in the Minimum Building Height Area shall have a minimum height of 25 ft. (See Height Control Area Map 4 for illustrative purposes only).
(k) Chestnut/Walnut/Broad Street Cornice Controls.
The main cornice line on any building in any of the following areas may not be less than 25 ft. above the sidewalk level (See Height Control Area Map 4 for illustrative purposes only).
(.1) Chestnut and Walnut Street Area.
(.2) Commercially-zoned lots located in the Mid-North Broad Street Area.
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For lots zoned CMX-2, except for lots in the Society Hill Area, the maximum height shall be 55 ft., provided that:
(.1) The lot has frontage on at least three streets, with two intersecting streets that have a minimum width of 50 ft.; and
(.2) For portions of any structure above 38 ft. in height, the occupied area shall not exceed:
(.a) For lots that cover less than an entire block: thirty percent (30%) of the total area of the block.
(.b) For lots that cover an entire block: sixty percent (60%) of the total area of the block; and
(.3) For any lot frontage facing a street of 35 ft. or less in width, the first 9 ft. of lot depth shall have a maximum building height of 38 ft.
For lots zoned CMX-2, in the Society Hill Area, except in the Northeast Society Hill Area, the maximum height shall be 45 ft., provided that:
(.1) The lot has frontage on at least three streets, with two intersecting streets that have a minimum width of 50 ft.; and
(.2) For portions of any structure above 38 ft. in height, the occupied area shall not exceed:
(.a) For lots that cover less than an entire block: thirty percent (30%) of the total area of the block;
(.b) For lots that cover an entire block: sixty percent (60%) of the total area of the block; and
(.3) For any lot frontage facing a street of 35 ft. or less in width, the first 9 ft. of lot depth shall have a maximum building height of 38 ft.
The maximum height in the Society Hill Area, Northeast, shall be 65 ft.
(.1) The maximum height of all structures within the Mid-Walnut Street Area shall be 192.46 feet, provided that roof access structures, penthouses or roof structures for the housing of elevators, stairways, ventilating fans or similar equipment required to operate and maintain the building may be located an additional 10 feet above the stated height maximum.
(.2) The exceptions to height limits in Table 14-701-6 (Exceptions to Dimensional Standards) shall not apply.
(4) Setback/Build-To Regulations.
The following setback/build-to regulations apply to the areas described in each subsection (See Setback/Build-to Regulations Area map for illustrative purposes only.)
(a) Build-To Area.
Buildings must extend to the street line for at least sixty-five percent (65%) of the lot frontage in the following areas:
(.1) RMX-3, CMX-4, and CMX-5 lots in the:
(.a) Chestnut and Walnut Street Area;
(.b) Locust Street Area;
(.c) Spruce Street Area;
(.d) John F. Kennedy Boulevard Area;
(.e) West Market Street Area.
(.2) Commercially-zoned lots in the Central Broad Street Area.
(.3) All lots in the Central South Street/Head House Square Area.
(b) Independence Hall Area.
No building or portion of the exterior of a building in the Independence Hall Area shall be constructed, reconstructed, erected, or altered if the proposed construction, reconstruction, erection, or alteration will extend beyond any building line established as of July 29, 1954 or thereafter.
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(.1) For lots zoned RSA-5 or RM-1 the minimum lot size shall be 1,080 sq. ft., provided that:
(.a) The lot meets the minimum lot width requirement of the zoning district;
(.b) The lot does not contain a historic building and is not located within a historic district, as defined in § 14-203 (Definitions); and
(.c) The lot is not located in a Neighborhood Conservation Overlay District as provided in § 14-504 (/NCO, Neighborhood Conservation Overlay District).
(.2) Lots zoned RM-1 with a lot size of at least 1,600 sq. ft. may be divided into two lots with a minimum lot size of 800 sq. ft., provided that:
(.a) At least seventy-five percent (75%) of lots adjacent to the lot to be divided are 1,000 sq. ft. or less;
(.b) Each of the lots created meets the minimum lot width requirement of the zoning district;
(.c) There are no existing buildings on the lot;
(.d) The lot does not contain a historic building and is not located within a historic district, as defined in § 14-203 (Definitions); and
(.e) The lot is not located in a Neighborhood Conservation Overlay District as provided in § 14-504 (/NCO, Neighborhood Conservation Overlay District).
(5) Supplemental Use Controls.
For the purposes of this § 14-502(5) (Supplemental Use Controls), the following supplemental use controls apply to the areas listed in Table 14-502-2 and Table 14-502-3.
(a) Use Table 14-502-2.
Principal uses are allowed within the Center City Overlay District in accordance with the use regulations of the underlying zoning district, except as provided in Table 14-502-2 (See accompanying Supplemental Use Controls Area Map for illustrative purposes only). Uses classified as accessory uses are not regulated by the use table. Accessory uses are permitted in conjunction with allowed principal uses, provided they comply with all applicable regulations of § 14-603 (Use-Specific Standards) and § 14-604 (Accessory Uses and Structures). 370
(.1) Use Classification System.
For the purpose of this zoning code, uses are classified into use categories and subcategories. These are described and defined in § 14-601. Use categories and subcategories are identified in the first column of the use tables.
(.2) Special Exceptions.
Uses identified with an "S" in Table 14-502-2 may be allowed if reviewed and approved in accordance with the special exception procedures in § 14-303(7) (Special Exception Approval). Uses approved by special exception are subject to compliance with any use-specific standards identified in the final column of the use table and all other applicable standards of this zoning code.
(.3) Prohibited Uses.
Uses identified with an "N" are expressly prohibited.
(.4) Use-Specific Standards.
The "use-specific standards" column of the use table identifies use-specific standards that apply to some uses. Unless otherwise expressly stated, compliance with such standards is required regardless of whether the use is permitted as-of-right or requires special exception approval. Numbers in brackets [#] also refer to use-specific standards that apply to some uses. These standards are listed as table notes immediately preceding the table.
(.5) No Overlay-Specific Regulations.
A blank cell indicates that no overlay specific regulations apply to a use and the use is subject only to the use regulations of the underlying zoning district.
(.6) Notes for Table 14-502-2.
[1] Utilities and services, basic uses require special exception approval on lots fronting on Chestnut or Walnut Street between Broad Street and 20th Street.
[2] Permitted on the ground floor, provided it is staffed; otherwise prohibited. 371
[3] Prohibited on the ground floor.
[4] Does not apply to Residentially-zoned lots.
[5] Permitted for lots within the Broad Street Area, Mid-South, provided that this provision shall expire on January 1, 2020 for lots located entirely within the area bounded by Watts Street, Pine Street, Broad Street, and Cypress Street (extended). 372
[6] For lots zoned CMX-2, there shall be no maximum number of dwelling units and a minimum of 360 sq. ft. of lot area is required per dwelling unit. Whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number. 373
[7] Reserved. 374
[8] The following uses shall not be permitted in the Rittenhouse Square Residential Area: 375
(.a) Group living; provided that this prohibition shall not apply to Personal Care Homes, which use shall be controlled by the underlying zoning of a property.
(.b) Housing, not owner-occupied, rented only to students (as defined by § 14-203(325) (Student)) or the marketing of which include the phrases student housing, student living, student apartments, or other such terms suggesting rentals are available only to students or is directed primarily to students.
[9] Reserved. 376
[10] In the CMX-3 zoning district, in order to promote active uses at the street level, buildings that have frontage on any of the following streets must contain a use other than residential and other than parking along one hundred percent (100%) of the ground floor frontage and within the first 30 ft. of building depth, measured from the front building line, provided that this prohibition shall not apply to lobbies accessory to residential uses. If the property is bounded by two or more streets, only the primary frontages as designated in § 14-701(1)(d)(.4) (Primary Frontage) shall be subject to this requirement and parking access shall be provided from a frontage other than a designated primary frontage: 377
(.a) Front Street, between Walnut Street and Market Street;
(.b) 2nd Street between Walnut Street and Race Street;
(.c) 3rd Street or 4th Street, between Chestnut Street and Race Street;
(.d) Walnut Street between Front Street and 2nd Street; or
(.e) Chestnut Street, Market Street, Arch Street, or Race Street, between Front Street and 4th Street.
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Center City Commercial District Control Area
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Chestnut and Walnut Street Area, East
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Chestnut and Walnut Street Area, West
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Broad Street Area, South
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Broad Street Area, North
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Old City Residential Area
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Society Hill Area
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South Street/ Head House Square Area | Rittenhouse Square Residential Area
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Use-Specific Standards
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Center City Commercial District Control Area
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Chestnut and Walnut Street Area, East
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Chestnut and Walnut Street Area, West
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Broad Street Area, South
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Broad Street Area, North
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Old City Residential Area
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Society Hill Area
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South Street/ Head House Square Area | Rittenhouse Square Residential Area
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Use-Specific Standards
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N = Not allowed (expressly prohibited) | S = Special exception approval required | Blank = No overlay-specific regulations apply See § 14-502(5)(a)(.6) (Notes for Table 14-502-2) for information pertaining to bracketed numbers (e.g., "[2]") in table cells. | ||||||||||
Public, Civic, and Institutional Use Category
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Utilities and Services, Basic | [1] | N | N | [11] | ||||||
All Other Uses | ||||||||||
Residential Use Category
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Household Living | [6] | [10] | [11] | [8] | ||||||
All Other Uses | [11] | |||||||||
Parks and Open Space Use Category | ||||||||||
All Uses | [11] | |||||||||
Retail Sales Use Category
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Adult-oriented Merchandise | N | N | N | N | N | [11] | ||||
Retail Sales of Consumer Goods, Furniture, Appliances, and Equipment (as noted below) | [11] | |||||||||
Drug Paraphernalia Sales | N | N | N | N | N | [11] | N | |||
Gun Shop | N | N | N | N | N | [11] | N | |||
All Other Uses | [11] | |||||||||
Office Use Category | ||||||||||
All Uses | [11] | |||||||||
Commercial Services Use Category
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Adult-Oriented Service | N | N | N | N | N | [11] | ||||
Assembly and Entertainment | N | [11] | N | § 14-603(13); § 14-603(18)
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Eating and Drinking Establishments (except as noted below) | S[4] | S[4][5] | S[4] | [11] | ||||||
Take-Out Restaurant | S | S | S | N | S[4] | [11] | S | |||
Smoking Lounge | N | § 14-601 (7)(f)(.4) | ||||||||
Financial Services (except as noted below) | [2] | [11] | ||||||||
Personal Credit Establishment | N | N | N | N | N | [11] | ||||
Parking | N | N | N[5] | N | [11] | |||||
Personal Services (except as noted below) | N | [11] | ||||||||
Body Art Service | N | N | N | N | N | [11] | N | § 14-603(2); § 14-603(13)
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Fortune Telling Service | [3] | [3] | [3] | [3] | [3] | [11] | [3] | |||
All Other Uses | [11] | |||||||||
Vehicle and Vehicular Equipment Sales and Services Use Category
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All Uses | N | N | N | N | N | [11] | N | |||
Wholesale, Distribution, Storage Use Category
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All Uses | N | N | N | N | N | [11] | ||||
Industrial Use Category | ||||||||||
All Uses | [11] | |||||||||
Urban Agriculture Use Category | ||||||||||
All Uses | [11] | |||||||||
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(b) Prohibited Accessory Uses and Structures.
Accessory uses and structures identified with an "N" in Table 14-502-3 are expressly prohibited (See accompanying Supplemental Use Controls Area Map for illustrative purposes only).
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Accessory Use or Structure
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Chestnut and Walnut Street Area, East
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Chestnut and Walnut Street Area, West
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Broad Street Area, South
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Old City Residential Area
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South Street/ Head House Square Area
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Market Street Area, East
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Kiosks | N | N | N | N | N | |
Outdoor sales and storage, including outdoor use of coin-operated machines that dispense food or drink | N | N | N | N | N | |
Any accessory speaker or audio device that causes music or voices to reach the sidewalk area, public arcade, or public entranceway to a building, that is adjunct to any permitted retail use, used to advertise merchandise sold, and/or used to call public attention to the uses of the premises. | N | N | N | N |
(6) Parking and Loading Regulations.
The following parking regulations apply to the areas described in each subsection.
Vehicular ingress and egress is prohibited to and from the following: (See Parking and Loading Regulations Area Map 1 for illustrative purposes only):
(.1) Market Street within the Market Street Area;
(.2) Chestnut Street and Walnut Street within the Chestnut and Walnut Street Area;
(.3) Locust Street within the Locust Street Area, except the portion between the west side of Juniper Street and the east side of 15th Street.
(.4) Spruce Street within the Spruce Street Area, East, except for lots within the Broad Street Area, Mid-South; and 383
(.5) Benjamin Franklin Parkway.
(.6) Accessory parking and loading and trash storage areas or structures in any of the following areas: 384
(.a) South Street within the South Street/Head House Square Area, Central; and 385
(.b) Broad Street within the Broad Street Area, South, except for lots designated "CMX-5" on the east side of Broad Street, between Spruce Street and Pine Street. 386
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(See Parking and Loading Regulations Area Map 2.) Required parking for all commercially-zoned properties in the Mid-North Broad Street Area must be located either on the same lot or on a lot (where non-accessory parking is a permitted use) within 1,000 ft.
(c) Residential Parking Control Area.
(See Parking and Loading Regulations Area Map 2 for illustrative purposes only.)
(.1) Off-street parking shall not be provided for any one-family or two-family use located in the Residential Parking Control Area, except for parking accessed by a shared driveway or rear alley, which is permitted but not required. Common parking areas may be located on one or more of the properties for which parking is provided, or on a property that is separated from those properties by an alley, shared driveway, or similar kinds of passageways.
(.2) Parking garages with a capacity over 500 vehicles are prohibited on all lots except those fronting on Broad Street.
(See Parking and Loading Regulations Area Map 2 for illustrative purposes only.) The ground floor of any parking garage, other than those accessory to a single- or two-family dwelling, in the Parking Garage Ground Floor Use Control Area must be occupied by an office, retail sales, commercial services, or public, civic, and institutional use; except that regulated uses, as set forth in § 14-603(13) (Regulated Uses), shall be prohibited. This requirement applies only along these designated street frontages and does not apply to areas occupied by entrances, exits, or waiting areas.
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(e) Loading and Trash Storage Area Restrictions.
Loading and trash storage areas that are located in the Central Broad Street Area or in Market Street Area and that have vehicular ingress and/or egress on Broad Street or Market Street, are prohibited unless a special exception permit is obtained pursuant to § 14-303(7) (Special Exception Approval). (See Parking and Loading Regulations Area Map 3 for illustrative purposes only).
(f) Accessory Parking Lot Restrictions.
(.1) Accessory parking lots are prohibited in the following areas (See Parking and Loading Regulations Area Map 3 for illustrative purposes only): 388.1
(.a) Chestnut and Walnut Street Area;
(.b) Broad Street, South;
(.c) Old City Residential Area;
(.2) Accessory parking lots are prohibited in the Parkway Buffer Area unless a special exception permit is obtained pursuant to § 14-303(7) (Special Exception Approval). (See Parking and Loading Regulations Area Map 3 for illustrative purposes only).
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In the Center City Commercial Area (see Parking and Loading Regulations Area Map 4 for illustrative purposes only), movie theaters shall be exempt from minimum parking requirements.
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(.1) The requirement of § 14-803(2)(c) Motor Vehicle Parking Standards – Reservoir Space is not applicable for lots zoned CMX-3 located within the South Street West area.
(.2) The provision for off-street loading required for buildings on a property that is abutting two or more streets in accordance with Table 14-806-1 is not applicable for lots zoned CMX-3 located within the South Street West area.
(.3) The requirement of a 24 ft. wide minimum aisle width of Table 14-803-1, Dimensional Standards for Parking Spaces and Aisles, shall be reduced to 20 ft. in the South Street West area. 392
Developments on corner lots zoned CMX-4 in the Rittenhouse Square Area that include off-street loading spaces and underground parking shall provide at least one means of vehicular ingress or egress on each property frontage of 200 ft. or more along streets with a width of 40 ft. or more.
(.1) For lots zoned RM-1 in the Society Hill Area, the minimum number of parking spaces required for household living uses with more than three dwelling units shall be three parking spaces per every 10 dwelling units.
(.2) For lots within the Society Hill Area the provisions of § 14-801(2)(d) are not applicable.
(.1) Accessory parking shall be provided in the West Chestnut Street Area at a ratio of one parking space for every five dwelling units, provided that required accessory parking spaces may be located off-site within a distance of 3,000 ft., but must otherwise conform to the provisions of § 14-802(9) (Off-Site Parking).
(.2) If at least 36 months have elapsed from the date of issuance of a final Certificate of Occupancy and fewer than fifty percent (50%) of the required accessory parking spaces have been rented or sold to residents of a development covered under this West Chestnut Street Area, the applicable development will no longer be required to provide any parking, provided that the developer must be issued an amended zoning permit or a new zoning permit that removes any reference to the previously required parking. L&I shall issue such an amended zoning permit or new zoning permit only if the applicant certifies to L&I, and provides documentation demonstrating, that the 36-month time period has elapsed and that the number of off-site spaces rented or owned by residents of dwelling units in the development on an annual basis is less than fifty percent (50%) of the total number of spaces required by this West Chestnut Street Area.
(.3) There shall be no required off-street loading spaces for lots within the West Chestnut Street Area.
(.4) Off-street loading spaces provided in the West Chestnut Street Area that are not required by this Code are not subject to the provisions of § 14-806(2)(b) (Minimum Dimensions).
(.5) In the event of a conflict between any provision of this subsection (l) and any other provision of Chapter 14-500 (Overlay Zoning Districts), the provisions of this subsection (l) shall govern.
(.6) The provisions of this subsection (l) shall lapse on December 31, 2024, except as to any building permit then in effect.
Notwithstanding the requirements of § 14-802 (Motor Vehicle Parking Ratios) and the requirements of § 14-806 (Off-Street Loading), lots located within the Mid-Walnut Street Area that are used for multi-family dwelling units and that comply with all applicable bicycle parking ratios and standards of this Zoning Code, shall meet the following standard:
(.1) Accessory Parking shall be provided at a ratio of one space per seven dwelling units; and
(.a) Required off-street loading spaces shall not be required to be larger than 10 ft. wide and 30 ft. long and shall not be required to have more than 12 ft. of unobstructed height.
(.b) Required off-street loading spaces are not required to be in an enclosed structure, within the building, or enclosed by a fence or any type of screening device.
Notwithstanding any other provision of this Zoning Code, no off-street parking spaces shall be required for any lot located in this area.
(7) Sign Regulations.
The following sign regulations apply to the areas described in each subsection.
(a) Convention Center Area.
(See Sign Regulations Area Map 1 for illustrative purposes only.)
(.1) Art Commission Approval.
No person may erect or maintain any sign within this area unless approved by the Art Commission. The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed.
Buildings occupying fifty percent (50%) or more of the total area of the block and having fifty percent (50%) or more of their frontage on Broad Street are, notwithstanding any other provisions of this Zoning Code, permitted to erect a system of accessory signs, including building identification signs, directional signs, freestanding signs, and temporary signs, not to exceed a combined total of 15 sq. ft. of sign area for each lineal foot of frontage along a public street line.
(b) Center City Commercial Area.
(.1) Art Commission Approval.
No sign may be erected or maintained in the Center City Commercial Area (See Sign Regulations Area Map 1 for illustrative purposes only) unless approved by the Art Commission. The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed.
(.2) Prohibited Signs.
(.a) Non-accessory signs are prohibited.
(.b) Animated illumination is prohibited. 401
(.c) Projecting signs are prohibited except on properties fronting Market Street between Front Street and 5th Street.
(c) Parkway Buffer Area.
(.1) Review.
No person may erect or maintain any sign in the Parkway Buffer Area (See Sign Regulations Area Map 1 for illustrative purposes only) unless the sign complies with all applicable requirements of this Zoning Code and any applicable regulations of the Philadelphia Department of Parks and Recreation (DPR) and has been approved by the Art Commission. The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed.
(.2) Repair and Maintenance.
No sign may be altered or moved in any substantial manner unless it is made to comply with all the requirements of this § 14-502(7)(c) (Parkway Buffer Area).
Allowable signs in the Vine Street Area are limited to the following (See Sign Regulations Area Map 1):
(.1) Wall Signs.
Accessory and non-commercial wall signs are permitted at a ratio of two sq. ft. of sign area per lineal foot of street frontage. The top of such wall signs may not extend above the bottom of the second floor of the building on which it is located.
(.2) Freestanding Signs.
Accessory and non-commercial freestanding signs are permitted at a height not to exceed 15 ft. Freestanding signs are permitted a maximum of two sign facings and a maximum of 16 sq. ft. for each sign facing.
(.3) Building Identification Signs.
Building identification signs and non-commercial signs that are located above the bottom of the second floor are permitted upon approval by the Art Commission. The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed. The approval of the Art Commission must take into account the impact of the proposed signage on the skyline and view corridors of Center City and the visual aesthetics of the area. The Art Commission shall not approve any sign contrary to the goals and objectives of this Zoning Code.
(.4) Projecting Signs.
Within the area bounded by 9th Street, Winter Street, 11th Street, and Race Street projecting accessory and projecting non-commercial signs are permitted at a ratio of two sq. ft. of sign area per lineal foot of street frontage. Such signs are in addition to the signs permitted in § 14-502(7)(e)(.1) through § 14-502(7)(e)(.3) 404 and are subject to Art Commission approval. The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed.
(.5) Temporary Signs.
Temporary non-commercial signs and real estate signs are permitted, so long as such signs do not exceed a total gross area of 25 sq. ft.
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(f) Washington Square Area.
No sign may be erected or maintained in the Washington Square Area unless approved by the Art Commission (See Sign Regulations Area Map 2 for illustrative purposes only). The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed. This provision does not apply to signs lawfully and permanently in place before January 1, 1992.
(g) Independence Hall Area.
(.1) No sign or other advertising structure or device may be erected or maintained on or extending over any portion of a street that is contiguous to a lot located in the Independence Hall Area (See Sign Regulations Area Map 2 for illustrative purposes only). This provision does not apply to any sign placed on the front of any building giving in words and/or numerals the name and brief description of the nature of the business or businesses transacted in the building, provided that:
(.a) The sign does not exceed 10 sq. ft. in area and does not project more than 12 in. from the face of the building; or
(.b) It is expressly authorized by the Art Commission as not being inconsistent with the harmony, style, and architectural/historical character of the area.
(.2) No billboard, roof sign, or other advertising structure or device may be erected or maintained within 150 ft. of any portion of a street that is contiguous to a lot located in the Independence Hall Area unless L&I determines that the proposed sign:
(.a) Complies with all other applicable requirements of this Zoning Code, and
(.b) Has been approved by the Art Commission as complying with the intent of this subsection of insuring the preservation of the historical character of and spirit of this national shrine and a style in harmony with its buildings.
Temporary and permanent freestanding signs and sign with animated illumination or digital displays are prohibited within the Southwark National Historic District (see Sign Regulations Area Map 2 for illustrative purposes only).
No signs may be erected within the Rittenhouse Square Area (see Sign Regulations Area Map 2 for illustrative purposes only) unless approved by the Art Commission. This provision does not apply to signs in place before January 1, 1950.
(k) City Hall Sign Area.
No person shall erect or maintain any sign extending beyond the building line within the City Hall Sign Area (See Sign Regulations Area Map 2 for illustrative purposes only).
(l) Logan Square Area.
No person shall erect or maintain any sign extending beyond the building line within the Logan Square Area (See Sign Regulations Area Map 2 for illustrative purposes only).
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Notwithstanding the provisions of Table 14-904-1, the provisions of this § 14-502(7)(m) shall apply to accessory wall signs, accessory projecting signs, and accessory marquee signs in the Market Street East Retail Area, North, unless otherwise permitted by § 14-906 (Market Street East Sign Regulations).
(.1) Sign Area.
The maximum sign area for a building or several interconnected buildings shall be determined based on the frontage of the building or interconnected buildings. The area of signage allowed for a building or interconnected buildings may be combined and placed on a single frontage or multiple frontages provided:
(.a) The maximum sign area for the ground floor shall be 2 sq. ft. per linear foot of ground floor frontage.
(.b) The maximum sign area for the 2nd floor shall be 0.5 sq. ft. per linear foot of ground floor frontage, provided:
(i) Signs shall only be along the Market Street frontage or within 80 ft. of the street line of Market Street and;
(ii) Signs shall only be above a window and shall not exceed the width of the window by more than 1 ft. on either or both sides.
(.c) The maximum sign area above the 2nd floor shall be 2 sq. ft. per linear foot of ground floor frontage, provided that no portion of any sign shall be more than 50 ft. from the nearest intersection of two streets, except that:
(i) Signs along the frontage of Market Street between 9th Street and 10th Street may be located up to 200 ft. from 9th Street if an edge of each sign is no more than 100 ft. from 9th Street; and may be located up to 125 ft. from 10th Street, if an edge of each sign is no more than 20 ft. from 10th Street; and
(ii) Signs along the frontage of Market Street between 8th Street and 9th Street may be located up to 100 ft. from 9th Street.
(.2) Sign Height.
(.a) The maximum height of any sign on the ground floor shall be the 2nd floor window sill of the respective building frontage (or no more than 3 ft. above the floor line of the 2nd floor if there is no window) provided no sign shall extend above the roof line. Any sign below the 2nd floor window sill (or less than 3 ft. above the floor line of the 2nd floor if there is no window) shall be considered a ground floor sign.
(.b) The maximum height of any sign on the 2nd floor shall be the 3rd floor window sill of the respective building frontage (or no more than 3 ft. above the floor line of the 3rd floor if there is no window) provided no sign shall extend above the roof line. Any sign below the 3rd floor window sill (or less than 3 ft. above the floor line of the 3rd floor if there is no window) shall be considered a 2nd floor sign.
(.c) The maximum height of any sign above the 2nd floor shall not extend above the roof line of the respective building frontage.
(.3) Sign Size.
(.a) The maximum size of each sign located on the ground floor or 2nd floor shall be 150 sq. ft.
(.b) The maximum size of each sign above the 2nd floor shall be 500 sq. ft, except one 600 sq. ft. sign may be permitted along the frontage of Market Street between 9th Street and 10th Street.
(.4) Signs on Portions of a Building over a Street.
Signs may be located on any frontage of a portion of a building that is located over a street, provided signs meet all other applicable sign requirements of the respective floor to which that portion of the building connects. Such signs shall count toward the maximum sign area for that respective floor as provided in § 14-502(7)(m)(.1) (Sign Area). This subsection does not eliminate the need for any applicable sign approval, including an authorizing ordinance, that is otherwise required to authorize a projection or encroachment over a street on the City Plan.
Notwithstanding the provisions of Table 14-904-1, the provisions of this § 14-502(7)(n) shall apply to 2nd floor accessory wall signs, accessory projecting signs, and accessory marquee signs in the Market Street East Retail Area, South, unless otherwise permitted by § 14-906 (Market Street East Sign Regulations).
(.1) Signs shall be permitted on the 2nd floor, provided:
(.a) The maximum sign area for the 2nd floor shall be 2 sq. ft. per linear foot of ground floor frontage, but no single sign shall exceed 75 sq. ft.
(.b) The maximum height of any sign on the 2nd floor shall be the 3rd floor window sill of the respective building frontage (or no more than 3 ft. above the floor line of the 3rd floor if there is no window), provided no sign shall extend above the roof line.
(.c) No sign on the 2nd floor shall extend more than 3 ft. below the floor line of the 2nd floor.
(.1) Art Commission Approval.
No sign shall be erected or maintained in the Society Hill Area unless approved by the Art Commission. The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed.
(.2) Prohibited Signs.
In addition to the requirements of Chapter 14-900 (Signs), the following signs shall be prohibited in the Society Hill Area:
(.a) Signs with internal illumination, including signs on awnings;
(.b) Signs with animated illuminations;
(.c) Freestanding signs;
(.d) Non-accessory signs;
(.e) Projecting signs; and
(.f) Mechanical Movement Signs.
(.3) Regulations.
(.a) The maximum area of signs shall be either 30 sq. ft. per building frontage or the maximum area allowed in Table 14-904-1 (Accessory Sign Controls for Specific Zoning Districts), whichever is more restrictive;
(.b) No more than one sign shall be permitted per building frontage; and
(.c) No signs shall extend above the bottom of the second-floor window sill.
(8) Special Review Areas.
The following special review requirements apply to the areas described in each subsection below are shown on the Special Review Areas map for illustrative purposes only.
(.1) L&I shall not issue a building permit for the erection of a building or alteration of a facade in the Chestnut and Walnut Street Area, South Broad Street Area, East Market Street Area, or the Society Hill Area, Northeast, until the Commission has reviewed plans of the facade and determined that the proposed facade, in the opinion of the Commission, is in harmony with Center City's historic commercial area and pedestrian-oriented environment. The Commission has 60 days to approve or disapprove the application, after which its approval will be presumed.
(.2) West Chestnut Street Area.
(.a) In addition to the provisions of subsection (.1), above, L&I shall not issue a building permit for the erection of a building or alteration of a facade in the West Chestnut Street Area unless either:
(.i) The Commission has reviewed the plans of the facade and determined that those plans are substantially similar to the plans that were previously reviewed by the Civic Design Review Committee, pursuant to § 14-304(5) (Civic Design Review); or
(.ii) The plans of the facade are reviewed by the Civic Design Review Committee, as described in § 14-304(5) (Civic Design Review), as though the plans were filed pursuant to a new zoning permit application.
(.b) In the event of a conflict between any provision of this subsection (.2) and any other provision of Chapter 14-500 (Overlay Zoning Districts), the provisions of this subsection (.2) shall govern.
(.c) The provisions of this subsection (.2) shall lapse on December 31, 2024, except as to any building permit then in effect.
(b) Art Commission Approval Area.
(.1) Parkway Buffer.
L&I shall not issue a building permit for the erection or alteration of any building or other construction, including open spaces, in the Parkway Buffer Area until the Art Commission has approved the application. The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed.
(.2) Independence Hall Area.
L&I shall not issue a building permit for the erection or alteration of any building or other construction, including open spaces, in the Independence Hall Area until the Art Commission has reviewed the application and determined that the proposed building would, in the opinion of the Art Commission, not be contrary to the preservation of the historical character of and conformity to the style and spirit of this national shrine with respect to appearance, color, and materials and the architectural style and design of the exterior of the proposed building. The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed.
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(9) Bulk and Massing Controls.
The following bulk and massing regulations apply to the areas described in each subsection below.
(a) Old City Residential Area, Bridge Approach.
Lots zoned CMX-3 in the Old City Residential Bridge Approach:
(.1) Shall be eligible for the floor area bonuses provided in § 14-702. These bonuses may be used in combination to earn additional floor area ratio up to two hundred fifty percent (250%) of the lot area.
(.2) May be occupied by buildings up to one hundred percent (100%) of the lot area.
(.3) Shall not require side yards.
Lots zoned CMX-3 in the South Street West area:
(.1) The maximum occupied area for lots zoned CMX-3 located within the area shall be one hundred percent (100%) of the area of the lot.
(.1) Lots zoned CMX-3 in the Center City Commercial District Control Area shall be eligible for floor area bonuses as provided § 14-702 (Floor Area and Height Bonuses).
Lots zoned CMX-4 in the Rittenhouse Square Area:
(.1) Shall be eligible for the Mixed Income Housing Bonus in the amount permitted for the CMX-5 district, provided the Mixed Income Housing complies with all other standards contained in § 14-702(7) and;
(.2) Shall have a maximum allowed base floor area ratio of seven hundred fifty percent (750%) of the area of the lot; and
(.3) May include roof decks constructed up to the extreme front building line.
(.1) Notwithstanding the provisions of § 14-701(5)(b), within the area bounded by 20th Street, Arch Street, Cuthbert Street and a line parallel to and 213.958 feet west of 20th Street, an applicant electing to be subject to the sky plane standards of § 14-701(5)(b) may take the dimensional limitations necessary to comply with such standards on the 20th Street frontage and apply them instead to the entire west facade of its building in lieu of complying with sky plane as to the 20th Street frontage. This subsection (.1) shall expire on May 14, 2024, except as to any building permit then in effect.
(.2) Notwithstanding the provisions of § 14-702(9), within the area bounded by 20th Street, Arch Street, Cuthbert Street, a line parallel to 20th Street that extends north 32 feet from a point located on Cuthbert Street 282.5 feet west from the northwest corner of 20th Street and Cuthbert Street, a line beginning at the foregoing point and extending 68.54 feet to the east parallel to Arch Street to a point and a line parallel to 20th Street beginning at the foregoing point and extending north 114.5 feet to the south side of Arch Street, a development shall be eligible to earn additional gross floor area in the amount permitted under § 14-702(9) (Underground Accessory Parking) through the construction of an underground public parking garage. This subsection (.2) shall expire on May 14, 2024, except as to any building permit then in effect.
Within the area bounded by 20th Street, Arch Street, Cuthbert Street a line extending south from Arch Street parallel to and 213.958 ft. west of 20th Street for 114.5 feet to a point, a line extending west from said point parallel with Cuthbert Street 68.54 feet to a point, and a line extending south from said point 32 feet to the north side of Cuthbert Street, the provisions of Chapter 14-700 applicable to CMX-5 shall apply upon satisfaction of the following conditions:
(.1) The applicant proposes to construct a structure with no residential uses; and
(.2) Whether or not the applicant elects to use the mixed income housing bonus provided in § 14-702(7), the applicant, prior to the issuance of a zoning permit, has entered into an agreement with the Department of Planning and Development, pursuant to which such applicant shall pay to the City, prior to the issuance of a building permit, the sum of two million five hundred fifteen thousand three hundred fifty dollars ($2,515,350.00) and the Department of Planning and Development shall have agreed to use such money for the purposes set forth in Section 21-1603 ("Creation, Distribution and Use of the Trust Fund's Assets").
(.4) This subsection (9)(h) shall sunset and cease to be effective on March 31, 2024.
(.1) Lots zoned CMX-4 in the West Chestnut Street Area shall have a maximum allowed floor area ratio of twelve hundred percent (1,200%) of the lot, provided that workforce housing must be provided on the lot. In order to meet this requirement, the property owner or applicant must submit an affidavit certifying that a minimum of twenty percent (20%) of the proposed dwelling units will be provided as workforce housing. For the purposes of this subsection, workforce housing shall be defined pursuant to § 14-702(7)(a)(.1).
(.2) In the event of a conflict between any provision of this subsection (f) and any other provision of Chapter 14-500 (Overlay Zoning Districts), the provisions of this subsection (f) shall govern.
(.3) The provisions of this subsection (f) shall lapse on December 31, 2024, except as to any building permit then in effect.
(.1) Notwithstanding the provisions of § 14-701(5) (CMX-4 and CMX-5 Bulk and Massing Controls), the maximum lot coverage for portions of buildings above 65 ft. and up to 300 ft. in height shall be ninety-five percent (95%) of the lot.
(.2) The requirements of § 14-701(5)(c)(.6)(.a) are not applicable to properties located within the Mid-Walnut Street Area.
(10) Incentive Limitations.
In the Society Hill Area, the provisions of § 14-702(16) ("Green Roof") shall not apply.
(1) Purpose.
/NCA, Neighborhood Commercial Area Overlay districts are intended to preserve the integrity of neighborhood commercial areas and to promote and help guide appropriate commercial development.
(2) East Falls.
(a) Applicability.
The requirements of this East Falls /NCA overlay district apply to all properties zoned CMX-2, CMX-2.5, or CMX-3 within the area bounded by the former Weightman Street, Ridge Avenue, School House Lane, SEPTA Railroad, Calumet Street, Warden Drive, Midvale Avenue, Cresson Street, Indian Queen Lane, SEPTA Railroad, the Roosevelt Boulevard Extension, and the Schuylkill River, as shown on the following map for illustrative purposes only.
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(b) Use Regulations.
(.1) In addition to any uses prohibited by the underlying zoning, the following uses are prohibited:
(.a) Nightclubs and Public Entertainment Venues. 423
(.b) All uses within the Vehicle and Vehicular Equipment Sales and Services Use Category.
(.c) All uses within the Wholesale, Distribution, and Storage Use Category.
(.2) Take-Out Restaurants shall require a special exception in the CMX-3 district.
(.3) Buildings in the CMX-2.5 district with frontage along Midvale Avenue or Ridge Avenue must contain a non-residential use along one hundred percent (100%) of the ground floor frontage within the first 30 ft. of building depth, measured from the front building line, only along the Midvale Avenue and Ridge Avenue frontages.
(.4) Buildings in the CMX-3 district with frontage along Ridge Avenue must contain a non- residential use along at least fifty percent (50%) of the ground floor frontage within the first 30 ft. of building depth, measured from the front building line, only along the Ridge Avenue frontage.
(c) Side Yard Setbacks.
(.1) Side yards must be provided, with a minimum width as set forth in Table 14-701-3, on lots that meet all of the following conditions:
(.a) The lot is in the CMX-2.5 zoning district;
(.b) The lot has frontage on Midvale Avenue between Cresson Street and Conrad Street; and
(.c) There is an existing detached building on at least one abutting lot, in which case the side yard must be provided between the structure and that abutting lot or those abutting lots.
(d) Building Height.
Buildings in the CMX-3 district must have a minimum building height of 35 ft. or three stories.
(e) Building Width.
On lots with frontage on Ridge Avenue and located within the CMX-3 zoning district, open area may abut no more than twenty-five percent (25%) of that frontage.
(f) Setback from Kelly Drive.
For lots with street frontage on Kelly Drive, buildings shall be set back a minimum of 25 ft. from the street line of Kelly Drive. Such set back area shall include a landscape area along the entire Kelly Drive frontage that complies with all of the following requirements:
(.1) The landscape area must be at least 18 ft. wide;
(.2) Plants in the landscape area shall be installed in conformance with § 14-705(1)(.c);
(.3) The required number of plantings shall be consistent with the requirements set forth in § 14-803(5)(e)(.5)(.a); and
(.4) The required landscape will be reviewed for conformance with these standards by the Planning Commission and will require the submission of a landscape and tree preservation plan prepared by a licensed architect, licensed landscape architect, licensed professional civil engineer, or a certified arborist that demonstrates compliance with these provisions.
(g) Curb Cuts.
(.1) Curb cuts are prohibited on Kelly Drive; and
(.2) The total number of permitted curb cuts shall not exceed one per 100 lineal ft. of lot frontage.
(h) Parking.
(.1) All required parking for non-residential uses must be located either on:
(.a) the same lot as the principal use;
(.b) on a lot abutting the principal use; or
(.c) on a non-abutting lot that is within 1,000 ft.
(.2) Off-street parking is not allowed between any building line and the street line on lots fronting Ridge Avenue, Kelly Drive, Calumet Street, or Midvale Avenue.
(.3) The provisions of subsection (b) of § 14-802(9) (Off-Site Parking) shall not apply.
(i) Signs.
(.1) No sign may be erected or maintained in the East Falls /NCA unless approved by the Art Commission. The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed.
(j) Facade Review.
(.1) L&I shall not issue a building permit for the erection of a building or the alteration of facade until the Planning Commission has reviewed the plans of all proposed facades and determined that the proposed facades, in the opinion of the Commission, are in harmony with the commercial area and pedestrian-oriented environment. The Commission shall have 60 days to approve or disapprove the application, after which its approval will be presumed.
(3) Germantown Avenue.
(a) Applicability.
The requirements of this Germantown Avenue /NCA overlay district apply to the subareas within that district set forth as follows and as shown on the following graphic for illustrative purposes only:
(.1) Chestnut Hill Subarea.
All commercially-zoned properties (except for properties zoned CMX-1) fronting on Germantown Avenue between Chestnut Hill Avenue and Cresheim Valley Drive.
All properties fronting on Germantown Avenue between Cresheim Valley Drive and Chelten Avenue.
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(b) Chestnut Hill Subarea.
The following standards apply in the Chestnut Hill Subarea:
(.1) Height.
Buildings may not exceed 38 ft. in height, except that buildings on corner lots with frontage on two or more streets may be up to 45 ft. in height.
(.2) Limitations on Floor Area Used For Commercial Purposes.
The maximum amount of net leasable area for uses other than residential, parks and open space, and public, civic, and institutional uses shall be:
(.a) In buildings erected after December 28, 1995: 4,000 sq. ft.
(.b) In buildings erected on or before December 28, 1995: The greater of 4,000 sq. ft. and the amount of net leasable area existing on December 28, 1995. Any net leasable area used for commercial purposes in excess of 4,000 sq. ft. shall be considered nonconforming.
The maximum width of a building frontage along Germantown Avenue for any newly erected building or existing building to which an addition is added shall be 30 ft.
The following standards apply within the Mount Airy and Germantown North Subarea:
(.1) Facade Review.
L&I shall not issue a building permit for the erection of a building or the alteration of facade until the Planning Commission has reviewed the plans of all proposed facades and determined that the proposed facades, in the opinion of the Commission, are in harmony with the Mount Airy and Germantown North Subarea's historic commercial area and pedestrian-oriented environment. The Commission shall have 60 days to approve or disapprove the application, after which its approval will be presumed.
(.2) Signs.
No sign may be erected or maintained in the Mount Airy and Germantown North Subarea unless approved by the Art Commission. The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed.
(.3) Prohibited Uses.
In addition to uses otherwise prohibited by the Zoning Code, the following uses shall be prohibited:
(.a) Drive-throughs.
(.b) Vehicle Equipment and Supplies Sales and Rentals.
(.4) Ground Floor Uses.
In the CMX-2 and CMX-2.5 district, buildings that are designated as historic by the Philadelphia Historical Commission and added to the Philadelphia Register of Historic Places shall not be subject to the provisions set forth in Table Note [3] of Table 14-602-2, which otherwise requires that buildings in CMX-2 or CMX-2.5 zoning districts contain a use other than residential and other than parking along one hundred percent (100%) of the ground floor frontage and within the first 30 ft. of building depth, measured from the front building line.
(.5) Parking.
(.b) Parking for residential uses shall meet the following standards:
(i) For lots between Cresheim Valley Drive and Washington Lane, no accessory parking is required for buildings with fewer than 20 dwelling units. On lots with 20 or more dwelling units, accessory parking shall be provided at a minimum ratio of three parking spaces for every ten dwelling units.
(ii) For lots between Washington Lane and Chelten Avenue, no accessory parking is required for buildings with fewer than 10 dwelling units. On lots with 10 or more dwelling units, accessory parking shall be provided at a minimum ratio of three parking spaces for every ten dwelling units.
(.c) Off-street surface parking and loading shall not be located between the building line and street line along Germantown Avenue.
(4) Main Street/Manayunk and Venice Island.
The Main Street/Manayunk and Venice Island /NCA district applies to the four subareas set forth below, as shown on the following map for illustrative purposes only.
(.1) Subarea A.
All lots located in the area bounded by Shurs Lane, the rear property line of the properties fronting on the northeast side of Cresson Street, Gay Street, the rear property line of the properties fronting on the northeast side of Baker Street, Leverington Avenue, and the Manayunk Canal.
(.2) Subarea B.
All lots located in the area bounded by the SEPTA Norristown Railroad, Shurs Lane, the Schuylkill River, and a line described as follows: beginning at a point on easterly side of the Schuylkill River; then extending from said point north 29 degrees 47 minutes 19 seconds east, the distance of 105 ft. 3-1/2 in. to a point, then extending north 60 degrees 12 minutes 41 seconds west, the distance of 46 ft. 7-3/4 in. to a point, then extending north 29 degrees 47 minutes 19 seconds east, the distance of 140 ft. 10 in. to a point, then extending south 60 degrees 12 minutes 41 seconds east, the distance of 92 ft. 0 in. to a point, then extending north 29 degrees 47 minutes 19 seconds east, the distance of 60 ft. 0 in. to a point, then extending north 29 degrees 47 minutes 19 seconds east, the distance of 92 ft. zero in. to a point, then extending north 60 degrees 12 minutes 41 seconds east, the distance of 57 ft. 0 in. to a point located on the westerly side of Main Street, then extending north 60 degrees 12 minutes 41 seconds east and crossing the bed of Main Street to a point on the SEPTA Norristown Railroad.
All lots located southeast of a line beginning at a point located along the southeasterly side of the Manayunk Canal measuring approximately 540 ft. northwest of the northwesterly side of Leverington Street then extending the following bearings and distances: south 44 degrees 12 minutes 50 seconds east 107 and seven-tenths ft. and south 49 degrees 25 minutes 50 seconds west 57 and three-tenths ft. to the northeasterly side of Flat Rock Road; then along that side of Flat Rock Road approximately 88 ft.; then south 59 degrees 7 minutes 50 seconds west to the northeasterly bank of the Schuylkill River; and bounded by the Schuylkill River and the Manayunk Canal; excluding all lots located in Subarea D.
All lots governed by that certain approved RMX-2 Master Plan for 1 Leverington Avenue on Venice Island for the area generally bounded on the northeast by the Manayunk Canal, on the southeast by Green Lane, on the southwest by the Schuylkill River, and on the northwest by Leverington Avenue with a straight line extending from Leverington Avenue to the Schuylkill River, which Master Plan is on file with the Chief Clerk's Office.
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(b) Height.
The following standards apply in Subareas A and B:
(.1) The height of a building may not exceed 38 ft. 431
(.2) Additions to buildings in existence on July 1, 1997 that do not increase the gross floor area of the building by more than ten percent (10%) may be built to a height not to exceed the existing building.
(c) Setbacks.
(.1) Any building erected on or after July 1, 1997 on Main Street or Ridge Avenue within Subarea B shall have no building setback, but when a retaining wall already exists, a setback for the purpose of preserving such a wall is allowed.
(.2) The following setback requirements apply within Subarea C:
(.a) All structures less than 25 ft. in height must set back from the railroad right-of-way a distance at least equal to the height of the structure but in no case less than 10 ft.
(.b) All structures 25 ft. or more in height must set back from the Manayunk Canal no less than 25 ft. and from the railroad right-of-way no less than 10 ft.
(.c) All open air parking, loading or driveways must set back from the railroad right-of-way no less than 10 ft.
(.d) All lots must provide an unencumbered waterfront setback with a minimum average width of eight ft. but in no case less than five ft. in width from the top of the bank of the Schuylkill River to allow for unrestricted public access to the river's edge.
(.e) Within the required setback from the top of the bank of the Schuylkill River, all newly erected buildings must provide a public access trail for the entire river frontage of the lot. L&I shall not issue a zoning permit until the Planning Commission has reviewed the plans of the trail and determined that the proposed trail is consistent with the character of the adjacent area and promotes pedestrian safety and accessibility. Upon completion of construction, the trail must be dedicated to the City, which will be responsible for its ownership and maintenance as a public pedestrian right-of-way.
Parking for eating and drinking establishments and nightclubs and public entertainment venues in Commercial districts located in Subareas A and B shall meet the following standards notwithstanding any other parking requirements set forth in this Zoning Code.
(.1) The number of required parking spaces shall be determined by the legal occupancy (pursuant to the Philadelphia Building Construction and Occupancy Code) of the use as follows:
Use
|
Spaces Required
|
Eating and Drinking establishments | 1 space per 4 occupants |
Nightclubs and public entertainment venues | 1 space per 2 occupants |
(.a) the same lot as the eating and drinking establishment or nightclub and public entertainment venues; or
(.b) a different lot provided that a special exception approval is obtained from the Zoning Board pursuant to § 14-303(7) (Special Exception Approval) and (i) the lot is located within Subarea A or Subarea B; (ii) parking is a permitted non-accessory use; (iii) the lot is located within 1,000 ft. of the eating and drinking establishment, nightclub or public entertainment venues; and (iv) the applicant has entered into a signed agreement with the lot owner to use the lot for non-accessory parking.
(e) Parking in Subarea C.
For every dwelling unit created in Subarea C after December 30, 1999, there must be provided one off-street parking space in accordance with the following schedule:
Unit
|
Spaces Required
|
Efficiency and 1-bedroom Units | 1 space per unit |
Additional Bedrooms | 1 space per bedroom |
(.1) All lots must provide an unencumbered waterfront setback with a minimum average width of eight ft. but in no case less than five ft. in width from the top of the bank of the Schuylkill River to allow for unrestricted public access to the river's edge; and the provisions of § 14-704(5) (Waterfront Setbacks) shall not apply.
(.2) Landscaping shall be governed by the provisions of the applicable Master Plan; and the provisions of § 14-705 (Landscaping and Trees) shall not apply.
Section PM-804.2 of the Property Maintenance Code sets forth historic area standards for substantial portions of the Main Street/Manayunk and Venice Island /NCA district, as delineated by Section PM-803.1.2 of the Property Maintenance Code.
(5) Logan Triangle.
(a) Applicability.
The Logan Triangle /NCA district applies to two subareas set forth below, as shown on the following map for illustrative purposes only.
(.1) Subarea A.
All lots located in the area bounded by Roosevelt Boulevard, Wingohocking Street, 11th Street, and Courtland Street.
(.2) Subarea B.
All lots located in the area bounded by Roosevelt Boulevard, 9th Street, Wyoming Street, and 7th Street.
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(b) Use Regulations.
(.1) In Subarea A, Assembly and Entertainment Uses shall be permitted by right, except for Amusement Arcades, Casinos, Nightclubs and Public Entertainment Venues, and Pool or Billiards Rooms. 437
(.2) In Subarea B, Vehicle Fueling Stations shall be permitted by right.
(c) Parking and Loading.
(.1) In Subarea B, notwithstanding any maximum width set forth elsewhere in this Code, including the provisions of § 14-603(8)(h), § 14-803(4)(a), and § 14-803(4)(b), the width of any curb cut along 9th Street or Wyoming Street may be up to 24 ft. and such curb cuts may be for ingress, egress or both.
(.2) In Subarea B, a minimum of 100 linear ft. shall be provided between curb cuts.
(7) Lower and Central Germantown.
(a) Applicability.
The requirements of this Lower and Central Germantown /NCA Overlay district apply to the area bounded by Old Stenton Avenue, Logan Street, Belfield Avenue, Baynton Street, Walnut Lane, Wayne Avenue, Rittenhouse Street, Morris Street, and Berkley Street, as shown on the following Lower and Central Germantown map for illustrative purposes only.
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(b) Prohibited Uses.
(.1) The following uses shall be prohibited in Commercial districts:
(.a) Barber and/or beauty shops;
(.b) Manicure/nail salons;
(.c) Retail sales of beauty products and/or wigs;
(.d) Retail sales of telecommunications equipment as a principal use, including, but not limited to, retail sales of cellular phones and pagers;
(.e) Retail sales of variety/general store merchandise in a store less than 7,500 sq. ft. in size; and
(.f) Furniture stores.
(.2) The following uses shall be prohibited as a principal use in any Residential district and as an accessory home occupation in any zoning district: 444
(.a) Barber and/or beauty shops;
(.b) Manicure/nail salons.
(8) North Delaware Avenue.
The requirements of this North Delaware Avenue /NCA Overlay district apply to commercially zoned properties within the area bounded by Spring Garden Street, the Delaware River, Lehigh Avenue, Frankford Avenue, Girard Avenue, and 5th Street, as shown on the following North Delaware Avenue map for illustrative purposes only.
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(b) Use Regulations.
(.1) Assembly and entertainment uses and the expansion or extension of assembly and entertainment uses shall be prohibited.
(.2) Eating and drinking establishments shall be permitted by special exception, except within the area bounded by Spring Garden Street, Front Street, the Delaware Expressway (I-95), Lehigh Avenue, and the Delaware River, where the underlying zoning shall control. 446
(9) East Mount Airy.
(a) Applicability.
The requirements of this East Mount Airy /NCA Overlay district apply to all properties zoned CMX-1 within the area bounded by Fayette Street, East Vernon Road, Michener Avenue, and Greenwood Street.
(b) Use Regulations.
(.1) Medical, Dental, and Health Practitioner uses are prohibited.
(.2) Sundries, Pharmaceutical, and Convenience Sales uses are prohibited.
(10) Spring Garden.
(a) District Boundaries.
The requirements of this Spring Garden /NCA Overlay district apply to all properties in the area bounded by Spring Garden Street, Broad Street, Callowhill Street, and 18th Street, including properties on both sides of such streets.
(b) Use Regulations.
(.1) Personal Credit Establishment uses and the expansion or extension of such uses shall be prohibited.
(1) Purposes.
The /NCO, Neighborhood Conservation Overlay district is intended to:
(a) Promote the public welfare of the City by encouraging conservation and preservation through the revitalization of the physical environment that is unique to a specific neighborhood;
(b) Provide a reasonable degree of control over the alteration and improvement of the exterior facades of existing buildings and the design of new construction to preserve the aesthetic fabric of these areas;
(c) Enhance the City's attractiveness as a place to live, work, and enjoy its cultural, social, and historical opportunities and also to foster a renewed feeling of pride in one's neighborhood;
(d) Complement the goals of the Commission and the Historical Commission as they seek to develop, revitalize, preserve, and conserve the many diverse and historic neighborhoods of the City; and
(e) Promote building improvements and maximize the economic, social, and educational value of neighborhood transformation.
(1.1) Permits.
(a) The regulations applicable to each /NCO district are divided into zoning regulations and design standards. Compliance with the provisions of the zoning regulations shall be a prerequisite to the issuance of a zoning permit. Compliance with the provisions of the design standards shall be a prerequisite to the issuance of a building permit.
(b) No zoning permit or building permit shall be issued for the demolition of a principal building located within an /NCO district unless a building permit has been issued for the construction, expansion, or alteration of a new or existing principal building on the same lot, unless either: 452
(.1) Such demolition is necessary to abate an imminently dangerous condition as determined by the Department of Licenses and Inspections; or
(.2) Such demolition is necessary to abate an unsafe condition impacting the right of way or any adjacent property as determined by the Department of Licenses and Inspections.
(2) Design Standards.
The design standards adopted as part of each /NCO district may address building and site design, but may not address the availability of permitted and special exception uses pursuant to Chapter 14-600 (Use Regulations), related to any of the following:
(a) Alterations to architectural features of existing buildings that are visible from a public street;
(b) The new construction or expansion of a building; and
(c) Construction of a new building or use of a vacant property after substantial demolition of an existing building on a property.
(3) Planning Commission Review.
(a) No building permit shall be issued to construct a building or alter the exterior of a building that is visible from a public street until the Commission has reviewed the application and confirmed that it complies with all regulations applicable to the applicable /NCO district area, subject to the review provisions set forth in (b).
(b) An applicant who is denied approval for a building permit by the Commission may, within thirty (30) days of such denial, request in writing a review by the Commission at a regularly scheduled public meeting, subject to the following standards:
(.1) Where error is alleged in the denial of a building permit application, the Commission shall determine whether the requirements of subsection (a) above and the design standards of the applicable /NCO district area are met and shall approve such application if it determines that the initial decision of the Commission was made in error.
(.2) Where the building permit application deviates from subsection (a) above and the design standards of the applicable /NCO district area, the Commission may approve a building permit application where an application satisfies both (.a) and (.b):
(.a) Prior to the meeting of the Commission, the applicant provides written notice of the request to all RCOs whose registered boundaries include the applicant's property. Such notice must include the date of the review, time and location of the Commission meeting where the application is to be reviewed, and the requested deviation from the design standards of the applicable /NCO district area.
(.b) The Commission determines that:
(.i) Strict conformity with the design standards of the applicable /NCO district area would result in an unreasonable hardship;
(.ii) The deviation from the design standards of the applicable /NCO district area would be reasonable due to special circumstances of the lot or lots in question, including the impact upon existing structures, materials, and uses; and
(.iii) The deviation from the design standards of the applicable /NCO district area may be approved without harming the purposes of the /NCO as set forth in § 14-504(1).
(.3) The Commission may approve only deviations from the requirements of subsection (a) above and the design standards of the applicable /NCO district area. The Commission may grant a deviation that is lesser than that requested by the applicant. The Commission shall not approve any deviation from the zoning regulations of the applicable /NCO district area, any other provision of this Zoning Code, or any variance or special exception granted by the Zoning Board.
(.4) The decision of the Commission to deny approval for a deviation from design standards of the applicable /NCO district area shall be subject to an appeal to the Board of License and Inspection Review, whose review shall be limited to determining whether the decision of the Commission was clearly erroneous.
(c) If the Commission does not make a written decision to approve or deny the building permit application within 30 days of the date that it receives an application, the Commission will be deemed to have approved the application without conditions.
(d) The Commission's decision shall not be subject to appeal separately from an appeal to the Zoning Board of Adjustment on the zoning permit application.
(e) A decision by the Commission to approve a building permit shall not be subject to appeal separately from an appeal to the Board of License and Inspection Review of L&I's issuance of the building permit.
(4) Historic Designation.
(a) In the event any portion of an approved /NCO district is included in a historic district designated by the Historical Commission, or any property within an approved /NCO district is individually designated as historic pursuant to Chapter 14-1000 (Historic Preservation), all provisions of this § 14-504 (/NCO, Neighborhood Conservation Overlay District) shall be of no further force or effect for the portion of the /NCO included within the historic district or any property designated as historic, except as indicated in § 14-504(4)(b) below
(b) § 14-504(4)(a) above shall not apply to any property within the historic district that is not individually designated in the Philadelphia Register of Historic Places and upon which no building or structure (not including foundations, parking kiosks, storage sheds, fences, walls, and gates) exists at the time of designation of the historic district.
(5) Queen Village.
(a) District Boundaries.
The Queen Village /NCO district contains the area bounded by the north side of Washington Avenue, the properties on the north side of Bainbridge Street (inclusive), the east side of 6th Street and the west side of Front Street, except for any property within the South Street/Head House Square area set forth in § 14-502(2)(b)(.22), as shown on the following map for illustrative purposes only.
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(b) Zoning Regulations for Residential and Residentially-Zoned Structures..
These regulations will apply to residentially-zoned properties, regardless of use, and to properties that are permitted by L&I for exclusive residential use.
(.1) Building Setback Line.
Buildings with street frontage shall have no front setback, except that buildings with one street frontage of 20 ft. or more and buildings on corner lots may have front setbacks from all street frontages if a fence wall is constructed upon the property line where the setback is used, and the space between the fence wall and the building contains at least one tree as approved in the DPR plantings list.
(.2) Height Regulations.
On streets with a width of 21 ft. or less, including the cartway and sidewalks, new construction shall not exceed 22 ft. in height to a cornice line, before either:
(.a) Recessing on a plane, a minimum of 45 degrees, to the maximum height allowable in the underlying zoning district or any applicable zoning overlay district; or
(.b) Stepping back from the front property line eight ft. to a vertical wall that may extend to the maximum height allowable in the underlying zoning district or any applicable zoning overlay district.
(.3) Roof Decks.
Roof decks shall be setback at least eight ft. from the front property line, or a parapet at least 42 in. high shall be used to enclose the front of the deck.
(.4) Parking.
New curb cuts shall not exceed ten ft. in width for a single space, and 20 ft. for a double space.
(c) Zoning Regulations for Commercially-Zoned and Industrially-Zoned Structures.
The regulations of this § 14-504(5)(c) will apply to commercially-zoned or industrially-zoned properties other than properties permitted by L&I for exclusive residential use.
(.1) Building Setback Line.
Buildings with street frontage shall not have front setbacks.
(d) Design Standards for Residential and Residentially-Zoned Structures.
These regulations will apply to residentially-zoned properties, regardless of use, and to properties that are permitted by L&I for exclusive residential use.
(.1) Requirements for Both New Construction and Alterations.
(.a) Where street frontage of a new building exceeds 20 ft. on a single street or where an existing building is extended to exceed 20 ft. on a single street, the facade facing that street must be broken up by offset planes, roofline variations, or other architectural features including, but not limited to, bay windows or setbacks.
(.b) Residential buildings must have a habitable room on the front of the first floor. A habitable room shall be defined as in the Property Maintenance Code, Section PM-202.0.
(.c) New utility meters must be hidden from view from the street frontage.
(.2) Windows.
Windows along the street front of first floor habitable rooms shall comply with the following:
(.a) The height of the bottom windowsill shall be no more than four ft. six in. from the sidewalk;
(.b) The overall window height shall be at least four ft. from sill to head; and
(.c) The minimum aggregate width of the window, in linear feet, shall be at least thirty-three percent (33%) of the total linear frontage of the first floor.
(.3) Parking.
(.a) Vehicular entryways of private residence parking garages that front on any street shall only be permitted where there is a habitable room on the first floor and the window requirements for that habitable room are met.
(.b) Open-air parking spaces shall not be visible from the street frontage.
(.c) For new construction of two or more dwelling units within a row, parking spaces or private residence parking garages shall be placed directly adjacent to one another, except where the Commission determines it impracticable.
(.4) Materials.
(.a) Vinyl, stucco, or cement board siding may not be used on the front facade of a building, with the exception of garage doors, main doors, and fenestration.
(.b) Projecting bay windows that face a street may not be constructed of stucco.
(.c) Parking lots may not be constructed of asphalt or slab concrete paving materials.
(.d) If the rear of a structure is visible from a street, the material used must be consistent with the front facade of the building. 455
(.e) Railings for roof decks may be up to fifty percent (50%) opaque and may not be constructed of unfinished wood.
(.f) Fences may not be constructed of unfinished wood or chain link fencing materials.
(.g) A light illuminating the sidewalk must be installed adjacent to the front door of all newly constructed front facades. The illumination must be controlled via a timer.
(e) Design Standards for Commercially-Zoned and Industrially-Zoned Structures.
The regulations of this § 14-504(5)(e) will apply to commercially-zoned or industrially-zoned properties other than properties permitted by L&I for exclusive residential use. They apply to new construction and alterations.
(.1) Parking and Loading.
New off-street parking and loading areas shall not be visible from the primary street frontage.
(.2) Materials.
The materials used in the construction of a new structure or facade shall be of similar material to that used on the nearest residential structures fronting on the same street as the property under review.
(6) Overbrook Farms.
(a) Purpose.
The Overbrook Farms /NCO district is established in order to preserve and protect the area of the city within its boundaries. It is recognized that this section of the city, located primarily within the Overbrook Farms National Historic District, is a unique, mixed-use, neighborhood-oriented retail district containing residential uses and retail uses interspersed at street level with residential uses on upper floors. There is a need to establish special sign and building controls to protect the unique character of the district, foster the preservation of buildings in accordance with its special character, and encourage new development that is compatible with this character.
(b) Applicability.
The requirements of this Overbrook Farms /NCO district apply to all lots within the boundaries shown on the following map.
{For printable PDF version of image, click HERE}
(.1) Use.
(.a) On RSA-3-zoned lots fronting on 63rd Street, office and financial services uses, except for personal credit establishments, are permitted in addition to uses allowed by the underlying zoning.
(.b) No multi-family use is permitted in any single family zoning classification.
The Overbrook Farms design standards of this subsection apply to all properties within Overbrook Farms /NCO district except for those properties with frontage on City Avenue between Drexel Road and Overbrook Avenue.
(.1) Building Standards.
(.a) Original materials, including storefronts, windows, walls, cornices, bays, and roofs of buildings, shall be repaired or replaced with materials or details similar to the original materials.
(.b) The design of new buildings shall be consistent with the character defining features of the Overbrook Farms National Historic District, in terms of massing, vertical and horizontal articulation, proportion of window openings to wall area, and building materials.
(7) Central Roxborough.
(a) Purpose.
The Central Roxborough/NCO intends to protect the existing walkable character of the frontages in the Central Roxborough section of Philadelphia. Walkability serves the health, safety, and general welfare of the citizens by providing human-scaled design, interesting and pedestrian friendly facades, and "eyes on the street", all in close proximity to useful commercial destinations, parks, and transit.
These blocks and streets were selected for their relatively intact historic pattern. The design of new buildings should be consistent with the character-defining features of this overlay district, in terms of massing, vertical and horizontal articulation, fenestration proportions, and building materials.
The Central Roxborough/NCO applies to properties in the area generally bounded by Gates Street (both sides), Ridge Avenue, Hermitage Street, Manayunk Avenue (both sides), Green Lane (both sides), Dexter Street (both sides), Lyceum Avenue, Manayunk Avenue (both sides), Roxborough Avenue (both sides), Ridge Avenue, Dupont Street (both sides), Lawnton Street, Green Lane, Jannette Street, Monastery Avenue, and Henry Avenue, except for the parcels located in the /RAN Ridge Avenue Neighborhoods Overlay district, as shown on the following map for illustrative purposes only.
{For printable PDF version of image, click HERE}
These regulations shall apply to residentially-zoned properties and to properties permitted by L&I for exclusive residential use.
(.1) Building Setback Line.
The front setback shall be no further from the street than the furthest front facade of the principal building on any abutting lots on the same blockface and shall be located no closer to the primary street than the closest front facade of the principal building on any such abutting lots. If all such abutting lots are vacant, then the setback range shall be based on the building that is closest to the subject property and on the same blockface. Where there are not a sufficient number of lots that meet these criteria to establish a front setback, the front setback shall adhere to the standards set by the underlying zoning district.
(.2) Building Height.
If at least one abutting lot on either side of a house contains only two stories of habitable space, the stories above the second story of the house shall be set back an additional eight ft. from the minimum required setback; except this requirement shall not apply to corner lots.
(.3) Porches.
Porches are permitted on all blocks and may be located in the required front setback. Porches shall be required if at least one of the immediately abutting lots contains a porch. Porches shall be a minimum of 5 ft. in depth, as measured from the front wall of the enclosed main structure, out toward the front property line.
(.4) Parking.
(.a) Parking in the front yard shall be prohibited.
(.b) Vehicular entryways of private residence parking garages that front on any street shall be prohibited.
(.c) Curb cut width shall be limited to 12 ft.
(d) Design Standards for Residential and Residentially-Zoned Structures.
These regulations shall apply to residentially-zoned properties and to properties permitted by L&I for exclusive residential use.
(.1) Building Standards.
The principal building shall have a habitable room on the front of the first floor with at least one window facing the street. A habitable room shall be defined as in the Property Maintenance Code, Section PM-202.0.
(.2) New utility meters and HVAC equipment located on frontages shall be screened with landscaping, fences, or walls. Any other utility structures and their conduits facing a frontage shall be painted to match the wall or otherwise have their visibility minimized. This provision shall not apply to satellite dishes less than one meter in diameter or window air conditioning units.
(.3) Flush mounted windows shall be prohibited. Sills shall project from the wall a minimum of one inch.
The impervious coverage for front yards shall not exceed thirty percent (30%) of the area of the front yard.
(.5) Materials.
(.a) For new construction, the following front building facade materials shall be prohibited: vinyl siding, aluminum siding, and synthetic stucco.
(.b) Retaining walls and garden walls located along a street frontage shall not be constructed of concrete masonry units (CMUs) unless capped and covered with stone, cultured stone, stucco, or brick.
(.c) Fences or fence walls located along a street frontage shall be iron, stone, cultured stone, stucco, brick, painted wood, or finished wood. Chain link and vinyl fences are prohibited on frontages.
(.d) Windows in masonry, brick, brick veneer, or stone veneer walls, with or without stucco veneer, shall be inset a minimum of three inches.
These regulations shall apply to commercially-zoned or residentially-zoned properties used for retail sales or an eating and drinking establishment.
(.1) The front entrance shall have a zero-step entry at the front door.
(.2) Street frontage shall have minimum fifty percent (50%) clear glass on the facade between the area 2 ft. and 10 ft. above the sidewalk. This shall apply to the first 10 ft. horizontally from the corner of each facade of a corner property, and to the entirety of the width of a mid-block property.
(.3) Awnings, if provided, shall be a minimum of 3 ft. in depth, as measured from the front facade of the building to the curb line.
(7.1) Chestnut Hill Lower East.
(a) Applicability.
The East Mermaid Lane/NCO applies to RSA-3-zoned properties in the area bounded by the SEPTA Chestnut Hill East Line, Cresheim Valley Drive, Germantown Avenue, Winston Road, Moreland Avenue, Devon Street, Ardleigh Street, and Springfield Avenue, as shown on the following map for illustrative purposes only.
{For printable PDF version of image, click HERE}
(b) Zoning Regulations for Residential Structures.
(.1) Building Setback Line.
The front facade of a building shall be no farther from the street than the farthest front facade of the principal building on either of the two immediately abutting lots on the same block face and shall be located no closer to the primary street than the closest front facade of the principal building on either of the two immediately abutting lots on the same block face. If both immediately abutting lots on the same block face are vacant, then the setback range shall be based on the building that is closest to the subject property. Where all lots on the block face are vacant, the front setback shall adhere to the standards set by the underlying zoning district.
(.2) Building Height and Massing.
(.a) The principal building’s roof shall be sloped with a minimum pitch of 18 degrees above horizontal, except for buildings that incorporate a mansard roof at the top floor.
(.b) If at least one abutting lot on either side of a building contains only two stories of habitable space, the stories above the second story of the building shall:
(i) Be set back an additional 8 ft. from the minimum required setback; or
(ii) Incorporate a front facade mansard roof and a maximum dormer width of 7 ft. Dormers shall be aligned on-center with second story windows below.
(.c) In no instance shall the maximum height of a building be greater than any building on an abutting lot with the same frontage that contains three stories of habitable space.
(.3) Porches.
(.a) Porches shall be required if:
(i) At least one of the immediately abutting lots on the same block face contains a porch in the area between the front facade of the principal building and the front lot line;
(ii) The closest structure on the same block face contains a porch in the area between the front facade of the principal building and the front lot line; or
(iii) Two structures on the same block face are of an equal distance to the lot and at least one such structure contains a porch in the area between the front facade of the principal building and the front lot line.
(.b) If a porch is located in the area between the front facade of the principal building and the front lot line on one or more immediately abutting lots on the same street frontage, porches must match the depths, widths, setback depth, and roof heights of at least one of such porch.
(.c) Porches shall be a minimum of 6 ft. in depth, measured as the distance from the front facade of the principal building to the front lot line.
(.4) Parking.
(.a) Garages and carports attached to or included within the principal building shall be prohibited unless they can be accessed from a shared driveway, alley, or rear street.
(.b) Curb cut width shall be limited to 12 feet.
(.5) Roof Decks.
Roof decks and roof deck access structures shall be prohibited.
(c) Design Standards for Residential Structures.
(.1) Building Standards.
(.a) The principal building shall have a habitable room on the front of the first floor with at least one entryway and one window facing the street. A habitable room shall be defined as in the Property Maintenance Code, Section PM-202.
(.b) The design of new buildings shall be consistent with the character defining features of the Chestnut Hill National Historic District, in terms of massing, vertical and horizontal articulation, proportion of window openings to wall area, and building materials.
(.2) Utilities.
New utility meters and HVAC equipment shall be screened with landscaping, fences, or walls. Any other utility structures and their conduits shall be painted to match the wall or otherwise have their visibility minimized. This provision shall not apply to satellite dishes less than one meter in diameter or window air conditioning units.
(.3) Fenestration.
(.a) Flush mounted windows shall be prohibited on any facade that is visible from a public street. Windows must be inset from the exterior wall a minimum of two inches. Sills must project from the wall a minimum of two inches.
(.b) All windows on any facade that is visible from a public street shall be operable.
(.c) Shutters shall be operable. Permanently affixed shutters shall be prohibited.
(.4) Screening of Refuse Enclosures.
Refuse enclosures visible from a public right-of-way shall be screened with landscaping, fences or walls. Such enclosures shall be painted to match the wall of the residential building or otherwise have their visibility minimized.
(.5) Impervious Surface Coverage and Landscaping.
(.a) At least fifteen percent (15%) of the front yard shall be planted with trees, shrubs, perennials, or groundcover.
(.6) Porches.
(.a) Existing porches at the front of a building shall not be enclosed to make interior living space, unless enclosed with at least eighty percent (80%) of the facade consisting of transparent glass.
(.b) Accessible or visitable units are exempt from the requirements of this subsection (.6).
(.7) Materials.
(.a) Any newly constructed facade that is visible from a public street shall be entirely composed of one or more of the following materials:
(i) Wissahickon Schist stone or stone veneer,
(ii) Clay-based, non-colored, non-glazed brick
(iii) Limestone
(iv) Cast stone
(v) Traditional cementitious stucco
(vi) Painted wood
(vii) Wood shingles
(viii) Wood siding
(.b) Vinyl, aluminum siding, concrete masonry units, unpainted pressure-treated wood, and membrane roofing are expressly prohibited as finish materials on facades and porches that are visible from a public street.
(.c) Retaining walls and garden walls located along a street frontage shall not be constructed of concrete masonry units (CMUs) unless capped and covered with Wissahickon Schist stone or stone veneer, brick, or traditional cementitious stucco.
(.d) Fences or fence walls located along a street frontage shall be iron, Wissahickon Schist stone or stone veneer, stucco, brick, painted wood, or finished wood. Chain link and vinyl fences are prohibited on frontages.
(.e) Windows in masonry, brick, brick veneer, or stone veneer walls, with or without stucco veneer, shall be inset a minimum of three inches. Windows with snap-on mullions or grids shall be prohibited.
(.f) Window trim, shutters, bay windows, porch columns/trim/railings and cornices details shall be made of composite materials or wood that is finished with stain or paint.
(.g) New porches or decks erected in the front yard shall not be constructed of unpainted, pressure treated wood.
(8) Ridge Park Roxborough.
(a) Applicability.
The Ridge Park Roxborough/NCO applies to properties in the area generally bounded by Ridge Avenue, Paoli Avenue, Silverwood Street, Parker Avenue (including, for the first 1,357 ft. from Silverwood Street, both sides of Parker Avenue), Smick Street, Fountain Street, Fowler Street, Hermitage Street, Wilde Street, Leverington Street, Silverwood Street, Hermitage Street, Manayunk Avenue (extended), Gates Street, Pechin Street, and Fountain Street, except for the parcels with frontage upon Ridge Avenue, as shown on the following map for illustrative purposes only.
{For printable PDF version of image, click HERE}
(b) Zoning Regulations for Residential and Residentially-Zoned Structures.
These regulations shall apply to residentially-zoned properties and to properties permitted by L&I for exclusive residential use.
(.1) Building Setback Line.
The front setback shall be no further from the street than the furthest front facade of the principal building on any abutting lots on the same blockface and shall be located no closer to the primary street than the closest front facade of the principal building on any such abutting lots. If all such abutting lots are vacant, then the setback range shall be based on the building that is closest to the subject property and on the same blockface. Where there are not a sufficient number of lots that meet these criteria to establish a front setback, the front setback shall adhere to the standards set by the underlying zoning district.
(.2) Building Height.
If at least one abutting lot on either side of a residential building contains only two stories of habitable space, the stories above the second story of the building shall be set back an additional 8 ft. from the minimum required setback; except this requirement shall not apply to corner lots.
(.3) Porches.
Porches are permitted on all blocks and may be located in the required front setback. Porches shall be required if at least one of the immediately abutting lots contains a porch. Porches shall be a minimum of 5 ft. in depth, as measured from the front facade of the enclosed main structure, out toward the front property line.
(.4) Parking.
(.a) Parking in the front yard shall be prohibited. 463
(.b) Vehicular entryways of private residence parking garages that front on any street shall be prohibited.
(.c) Curb cut width shall be limited to 12 ft.
(c) Design Standards for Residential and Residentially-Zoned Structures.
These regulations shall apply to residentially-zoned properties and to properties permitted by L&I for exclusive residential use.
(.1) Residential buildings shall have a habitable room on the front of the first floor with at least one window facing the street. A habitable room shall be defined as in the Property Maintenance Code, Section PM-202.0.
(.2) New utility meters and HVAC equipment located on frontages shall be screened with landscaping, fences, or walls. Any other utility structures and their conduits facing a frontage shall be painted to match the wall or otherwise have their visibility minimized. This provision shall not apply to satellite dishes less than one meter in diameter or window air conditioning units.
(.3) Flush mounted windows shall be prohibited along street frontages. Sills shall project from the wall a minimum of one inch.
The impervious coverage for front yards shall not exceed thirty percent (30%) of the area of the front yard.
(.5) Materials.
(.a) For new construction, the following front building facade materials shall be prohibited: vinyl siding, aluminum siding, and synthetic stucco.
(.b) Retaining walls and garden walls located along a street frontage shall not be constructed of concrete masonry units (CMUs) unless capped and covered with stone, cultured stone, stucco, or brick.
(.c) Fences or fence walls located along a street frontage shall be iron, stone, cultured stone, stucco, brick, painted wood, or finished wood. Chain link and vinyl fences are prohibited on frontages.
(.d) Windows in masonry, brick, brick veneer, or stone veneer walls, with or without stucco veneer, shall be inset a minimum of three inches.
(9) Powelton Village.
(a) Applicability.
The Powelton Village /NCO applies to the properties bounded by 35th Street, Spring Garden Street, 31st Street, Powelton Avenue, 32nd Street, Summer Street, Natrona Street, Powelton Avenue, 34th Street, and Lancaster Avenue, as shown on the following map ("Zone 1") for illustrative purposes only; and to the properties bounded by 39th Street, Spring Garden Street, 35th Street, Lancaster Avenue, 36th Street, Warren Street, 37th Street, Lancaster Avenue, Powelton Avenue, 38th Street, and Lancaster Avenue, as shown on the following map ("Zone 2") for illustrative purposes only.
{For printable PDF version of image, click HERE}
{For printable PDF version of image, click HERE}
(b) Zoning Regulations for Residential and Residentially-Zoned Structures.
These regulations shall apply to residentially-zoned properties and to properties permitted by L&I for exclusive residential use.
(.1) Building Setback Line.
Where a new building is attached to an existing structure, the setback of the primary facade of the new structure shall match the setback of the primary facade of the existing adjacent structure, unless a greater setback is required by the Zoning Code.
(.2) Building Height.
Notwithstanding other sections of the Zoning Code, the height of a new structure shall be limited to three stories, and 35 ft.
(.3) Porches.
Where a new building is attached to an existing structure that includes a porch, the new structure shall also include a porch. The new porch must match the existing depth, roofline, and floorline of the existing adjacent porch.
(c) Design Standards for Residential and Residentially-Zoned Structures.
These regulations shall apply to residentially-zoned properties and to properties permitted by L&I for exclusive residential use.
(.1) Fenestration.
(.a) For all new construction, windows along the street frontage of the first floor shall:
(i) have an overall window height of at least 5 ft. from sill to head, and;
(ii) have a minimum aggregate width, in linear feet, of at least twenty-five percent (25%) of the total linear frontage of the first floor.
(.b) Where a building permit is required, replacement windows on existing structures facing a public right-of-way shall maintain at least ninety percent (90%) of the glazing for the windows that they replace.
(.c) Where a building permit is required, flush mounted windows shall be prohibited for all facades or portions of facades with masonry exteriors. In such facades, windows shall be inset a minimum of two inches from the exterior face. For all other facade materials, windows must either be recessed a minimum of two inches from the exterior face or they must include a head and sill or window surround of a contrasting material projecting from the adjacent exterior face of the facade by at least one inch.
(.2) Utilities.
New utility meters and HVAC equipment located on frontages shall be screened with landscaping, fences, or walls. Any other utility structures and their conduits facing a frontage shall be painted to match the wall or otherwise have their visibility minimized. This provision shall not apply to satellite dishes less than one meter in diameter or window air conditioning units.
(.3) Impervious Coverage.
The impervious coverage for front and rear yards shall not exceed fifty percent (50%). Open, roofed porches shall be excluded from this calculation.
(.4) Screening of Refuse Containers.
It is encouraged that new multifamily buildings provide interior trash storage areas, or exterior screened enclosures attached permanently to the building and installed into the ground so that waste receptacles are not visible from the public right-of-way. Such storage areas and enclosures shall not be permitted in the required front setback of a property or within the public right-of- way.
(.5) Cornices.
New semi-detached buildings shall include a cornice where the existing, attached structure includes a cornice. The depth, height and alignment of the new cornice shall match that of the existing, adjacent structure.
(.a) Existing porches at the front of a building shall not be enclosed to make interior living space, unless enclosed with at least eighty percent (80%) of facade consisting of transparent glass.
(.b) Accessible or visitable units are exempt from the requirements of this subsection (.6).
(.7) Materials.
(.a) For new construction, the following building facade materials shall be prohibited on any facade that is visible from a public right-of-way – vinyl siding, horizontal aluminum siding, highly textured stucco, exterior insulation finishing system (EIFS), and concrete masonry units (CMU).
(.b) Retaining walls and garden walls located along a street frontage shall not be constructed of concrete masonry units (CMUs) unless capped and covered with stone, cultured stone, stucco, or brick.
(.c) Fences or fence walls located along a street frontage shall not be constructed of chain link or concrete masonry units (CMU).
(.d) New porches or decks erected in the front yard shall not be constructed of unpainted, pressure treated wood.
(.e) Projecting bay windows that face a street may not be constructed of stucco.
(d) Design Standards for Commercial Structures.
These regulations shall apply to commercially-zoned properties, unless covered by subsection (c).
(.1) Building Facades.
For all new construction and for all facade alterations that require a building permit, where a street frontage of a new building or building subject to facade alteration exceeds 20 ft. on a single street, the facade facing that street shall be broken up by at least one offset plane making up at least fifteen percent (15%) of that facade. Architectural features including, but not limited to, bay windows, cornices, recesses, overhangs, and any other variations in planes with a minimum dimension of at least 18 in., from the primary facade plane, may be used to meet this requirement.
(.2) Fenestration.
(.a) For new construction, windows of first floor habitable space, as defined in the Property Maintenance Code, Section PM-202, that face a street frontage shall:
(i) have an overall window height of at least 6 ft. from sill to head, and;
(ii) at the primary facade, have a minimum aggregate width in linear feet of at least sixty- six percent (66%) of the total linear frontage of the first floor.
(.3) Utilities.
New utility meters and HVAC equipment located on frontages shall be screened with landscaping, fences, or walls. Any other utility structures and their conduits facing a frontage shall be painted to match the wall or otherwise have their visibility minimized. This provision shall not apply to satellite dishes less than one meter in diameter or window air conditioning units.
(.4) Materials.
For new construction, the following front building facade materials shall be prohibited – vinyl siding, horizontal aluminum siding, highly textured stucco, exterior insulation finishing system (EIFS), and concrete masonry units (CMU).
(10) Wissahickon.
(a) Purpose.
The Wissahickon /NCO intends to protect the existing walkable and aesthetic character of the Wissahickon section of Philadelphia. Walkability serves the health, safety, and general welfare of the citizens by providing human-scaled design, interesting and pedestrian friendly facades, and "eyes on the street", all in close proximity to useful commercial destinations, parks, and transit.
These blocks and streets were selected for their relatively intact historic pattern. The design of new buildings should be consistent with the character-defining features of this overlay district in terms of massing, vertical and horizontal articulation, fenestration proportions, and building materials.
The Wissahickon /NCO applies to properties in the area bounded by Henry Avenue, Hermit Street, Ridge Avenue, and the Wissahickon Creek, except for the parcels located in the /RAN Ridge Avenue Neighborhoods Overlay district, as shown on the following map for illustrative purposes only.
{For printable PDF version of image, click HERE}
(c) Zoning Regulations for Residential and Residentially-Zoned Structures.
These regulations shall apply to residentially-zoned properties and to properties permitted by L&I for exclusive residential use.
(.1) Building Setback line.
The front setback shall be no further from the street than the furthest front facade of the principal building on any abutting lots on the same blockface and shall be located no closer to the primary street than the closest front facade of the principal building on any such abutting lots. If all such abutting lots are vacant, then the setback range shall be based on the building that is closest to the subject property and on the same blockface. Where there are not a sufficient number of lots that meet these criteria to establish a front setback, the front setback shall adhere to the standards set by the underlying zoning district.
(.2) Building Height.
(.a) If at least one abutting lot on either side of a house contains only two stories of habitable space, the stories above the second story of the house shall:
(i) Be set back an additional eight ft. from the minimum required setback; or
(ii) Incorporate a front facade mansard roof with a minimum slope of 15 degrees measured from the vertical plane of the front facade and a maximum dormer width of 7 ft., aligned on-center with second story windows below.
(.b) In no instance shall the maximum height of a house be greater than any house on an abutting lot with the same frontage that contains three stories of habitable space.
(.3) Porches.
Porches are permitted on all blocks and may be located in the required front setback. Porches shall be required if at least one of the immediately abutting lots with the same frontage contains a porch. Porches shall be a minimum of 5 ft. in depth, as measured from the front wall of the enclosed main structure, out toward the front property line.
(.4) Parking.
(.a) Parking in the front yard shall be prohibited.
(.b) Vehicular entryways of private residence parking garages that front on any street shall be prohibited, except when all immediately abutting lots with the same frontage contain existing structures with such vehicular entryways. In such instances, a vehicular entryway of a private residence parking garage that fronts on a street shall be permitted, provided it complies with all other applicable standards of this Zoning Code.
(.c) Curb cut width shall be limited to 12 ft.
(d) Design Standards for Residential and Residentially-Zoned Structures.
These regulations shall apply to residentially-zoned properties and to properties permitted by L&I for exclusive residential use.
(.1) The principal building shall have a habitable room on the front of the first floor with at least one entryway and one window facing the street. A habitable room shall be defined as in the Property Maintenance Code, Section PM-202.0.
(.2) New utility meters and HVAC equipment located on frontages shall be screened with landscaping, fences, or walls. Any other utility structures and their conduits facing a frontage shall be painted to match the wall or otherwise have their visibility minimized. This provision shall not apply to satellite dishes less than one meter in diameter or window air conditioning units.
(.3) Flush mounted windows shall be prohibited. Sills shall project from the wall a minimum of two inches.
(.4) Impervious Surface Coverage and Landscaping.
(.a) At least seventy percent (70%) of the front yard shall be covered with pervious planted material. 468
(.b) A street tree is required, in accordance with requirements of the Streets Department and the Department of Parks and Recreation.
(.5) Materials.
(.a) For new construction, the following front facade materials shall be prohibited: vinyl siding, aluminum siding, fiber cement siding, stone veneer, metal panels, and synthetic stucco.
(.b) Retaining walls and garden walls located along a street frontage shall not be constructed of concrete masonry units (CMUs) unless capped and covered with stone, cultured stone, stucco, or brick.
(.c) Fences or fence walls located along a street frontage shall be iron, stone, cultured stone, stucco, brick, painted wood, or finished wood. Chain link and vinyl fences are prohibited on frontages.
(.d) Windows in masonry, brick, brick veneer, or stone veneer walls, with or without stucco veneer, shall be inset a minimum of three inches.
These regulations shall apply to commercially-zoned or residentially-zoned properties used for commercial purposes.
(.1) Store frontages shall have a zero-step entry at the front door.
(.2) Store frontages shall have minimum fifty percent (50%) clear glass on the facade between the area 2 ft. and 10 ft. above the sidewalk.
(.3) Awnings on store frontages, if provided, shall be a minimum of 3 ft. in depth, as measured from the front facade of the building to the curb line.
(11) Strawberry Mansion.
(a) Purpose.
The Strawberry Mansion /NCO is intended to maintain the predominantly two- and three-story rowhome neighborhood character and architectural heritage of the Strawberry Mansion section of Philadelphia. The design of the new buildings shall be consistent with the character defining features of this overlay district, in terms of height, massing, rooflines or cornices, vertical and horizontal articulation, porch construction, fenestration proportions, and building materials.
The Strawberry Mansion /NCO applies to all lots in the area bounded by Lehigh Avenue, 29th Street, Dauphin Street, and 33rd Street, as shown on the following map ("Zone 1") for illustrative purposes only; to all lots in the area bounded by Dauphin Street, 29th Street, Norris Street, and 33rd Street, as shown on the following map ("Zone 2") for illustrative purposes only; to all lots in the area bounded by Norris Street, 29th Street, Sedgley Avenue, Montgomery Avenue, Conrail Right-of-Way, Oxford Street, and 33rd Street, as shown on the following map ("Zone 3") for illustrative purposes only; to all lots in the area bounded by 29th Street, York Street, and Sedgley Avenue ("Zone 4"); and to all lots bounded by Lehigh Avenue, Sedgley Avenue, York Street and 29th Street ("Zone 5").
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(c) Zoning Regulations for Residential and Residentially-Zoned Structures.
These regulations shall apply to residentially-zoned properties, regardless of use, and to properties permitted by L&I for exclusive residential use.
(.1) Building Height.
(.a) On lots with frontage on at least one street with a width greater than or equal to 50 ft. and less than 75 ft., the height of any new structure shall not exceed 35 ft.
(.b) On lots with no frontage on streets with a width greater than or equal to 50 ft., the height of any new structure shall not exceed 25 ft.
(.2) Porches.
(.a) Porches are permitted and may be located in the required front setback. Porches shall be required if at least one of the immediately abutting lots with the same street frontage contains a porch in the area between the front facade of the primary structure and the front lot line; if the closest structure on the same street frontage contains a porch in the area between the front facade of the primary structure and the front lot line; or if two structures on the same street frontage are of an equal distance to the lot and at least one such structure contains a porch in the area between the front facade of the primary structure and the front lot line.
(.b) If a porch is located in the area between the front facade of the primary structure and the front lot line on one or more immediately abutting lot on the same street frontage, porches must match the depths, widths, setback depth, and roof heights of at least one of such porch.
(.c) Porches shall be a minimum of 6 ft. in depth, measured as the distance from the front facade of the primary structure to the front lot line.
(.3) Roof Decks.
Roof decks and roof deck access structures shall be prohibited.
(.4) Height and Density Bonuses.
Height and density bonuses and dwelling unit density bonus shall not be available to properties within the Strawberry Mansion /NCO.
(.a) Building frontages that are more than 20 ft. wide must be broken up by offset planes, roofline variations, or other architectural features that may include bay windows.
(.b) Bay windows, whether used to satisfy subsection (.6)(.a) above or otherwise, shall be substantially consistent with the predominant design of bay windows that exist on the block face including, but not limited to, form, proportions of glazed area, and exterior materials.
(.c) Bay windows shall be prohibited on block faces wherein no existing structures include bay windows, except that bay windows shall be permitted on any building frontage that exceeds 20 ft. in width.
(.a) The vertical distance between the sidewalk and the bottom of the door threshold of the front entrance shall be no greater than that of the same measurement on any principal building that includes a front entrance on the same block face and that is located on an adjacent lot, not including any structures for which that measurement is less than one foot.
(.b) If there is no principal building that includes a front entrance on the same block face and that is located on an adjacent lot, then the vertical distance between the sidewalk and the bottom of the door threshold of the front entrance shall be no greater than that of the closest building that includes a front entrance on the same block face, not including any structures for which that measurement is less than one foot. If there is no such building, then there shall be no maximum vertical distance between the sidewalk and the bottom of the door threshold of the front entrance.
(d) Design Standards for Residential and Residential-Zoned Structures.
These regulations will apply to residential-zoned properties, regardless of use, and to properties that are permitted by L&I for exclusive residential use.
(.1) Materials.
(.a) For new construction or additions, including the construction of projecting bay or box windows, the following materials shall be prohibited on any facade that is visible from a public right-of-way: vinyl; stucco; horizontal aluminum; exterior insulation finishing system (EIFS); or concrete masonry units (CMU).
(.b) If the property is bounded by two or more streets, the facade materials along each street frontage shall be the same.
(.c) Fences and fence walls shall not be constructed of unfinished wood, vinyl, chain link, or concrete masonry units.
(.d) Retaining walls and garden walls located along a street frontage shall not be constructed of concrete masonry units unless capped and covered with stone, cultured stone, stucco, or brick.
(.e) Porches erected in the front yard shall not be constructed of unpainted, pressure treated wood or concrete masonry units.
(.2) Porch enclosures.
Porches at the front of the building shall not be enclosed to make interior living space, unless enclosed with at least eighty percent (80%) of the facade consisting of transparent glass.
(.3) Utilities.
New utility meters, HVAC equipment, located along building frontages shall be screened with landscaping, fences, or walls. Any other utility structures and their conduits facing a frontage shall be painted to match the wall or otherwise have their visibility minimized. This provision shall not apply to satellite dishes less than one meter in diameter or window air conditioning units.
(.4) Screening of Trash and Recycling Enclosures.
Trash and recycling enclosures visible from a public right-of-way shall be screened with landscaping, fences, or walls. Such enclosures shall be painted to match the wall of the residential building or otherwise have their visibility minimized.
(.5) Sheds.
Accessory storage sheds located in the front yard shall be screened with landscaping, fences, or walls.
(1) Purpose.
The /ENV, Environmental Preservation Overlay District is intended to preserve certain natural and scenic areas of the City for the benefits they provide to residents, visitors, and wildlife.
(2) Roxborough.
(a) Applicability.
The boundaries of the Roxborough /ENV overlay district, as shown on the following map for illustrative purposes only, are as follows: beginning at the intersection of the Philadelphia- Montgomery County Line and Hagy's Mill Road (extended); then south 72 degrees 37 minutes one second east, the distance of 561 ft. and five and one-half in. to a point on Spring Lane; then south 39 degrees 28 minutes one second east, the distance of 66 ft. and four and three-eighths in. to a point on the northwesterly side of a 20 ft.-wide easement; then south 49 degrees 22 minutes 59 seconds west, along said easement, the distance of 845 ft. one and three-quarter in. to a point; then south 46 degrees 32 minutes 10 seconds west, the distance of 691 ft. and eight and three-eighths in. to a point; then south 44 degrees 41 minutes 14 seconds west, the distance of 432 ft. and four and one-third in. to a point; then north 76 degrees 46 minutes 23 seconds west, the distance of 29 ft. and five inches to a point; then south 50 degrees 11 minutes 30 seconds west the distance of 24 ft. eight and one- eighth in. to a point; then south 32 degrees 28 minutes 46 seconds east, the distance of 250 ft. and eight and one-eighth in. to a point; then south 57 degrees 31 minutes 14 seconds west, the distance of 278 ft. and three and five-eighths in. to a point; then south 32 degrees 28 minutes 46 seconds east, the distance of 313 ft. and one-half in. to a point; then south 52 degrees 30 minutes zero seconds west, the distance of 857 ft. and seven and seven-eighths in. to a point; then northwestwardly on an arc of a circle curving to the right with a radius of 15,547 ft. and two and three-quarters in., the distance of 145 ft. and nine and five-eighths in. to a point; then continuing northwestwardly on an arc of a circle curving to the right with a radius of 1,585 ft. and seven and three-quarters in., the arc distance of 256 ft. and 11 and one-half in. to a point; then north 57 degrees 21 minutes seven seconds east, the radial distance of nine ft. and 11 and three-quarters in. to a point; then continuing northwestwardly on an arc of a circle curving to the right with a radius of 1,575 ft. and eight in., the arc distance of 227 ft. and five in. to a point; then north zero degrees 51 minutes 33 seconds west, the distance of 51 ft. nine and three-quarters in. to a point; then continuing northwestwardly on an arc of a circle curving to the right with a radius of 1,555 ft. and eight and five-eighths in., the arc distance of 102 ft. and 11 and seven-eighths in. to a point on the Philadelphia-Montgomery County Line; then north 43 degrees 13 minutes 47 seconds east, along the Philadelphia-Montgomery County Line, the distance of 2,805 ft. and zero in. to the place of beginning.
(b) Regulations.
(.1) The uses permitted in the Roxborough /ENV overlay district shall be restricted to natural resources preservation; except non-commercial urban agriculture shall be permitted within the boundaries of the community gardens existing on November 10, 2010 which are approximately located along the Philadelphia-Montgomery County Line beginning at Hagy's Mill Road and which are depicted for illustrative purposes only on the following map.
(.2) Any increase in size of non-commercial urban agriculture uses beyond the boundaries of community gardens existing on November 10, 2010, depicted for illustrative purposes only on the following map, shall be prohibited.
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(3) Fox Chase.
(a) Applicability.
The Fox Chase /ENV overlay district shall include the area bounded by Pennypack Creek, Pine Road, Shady Lane, and the Philadelphia-Montgomery County Line, generally known as Fox Chase Farm and shown on the following map for illustrative purposes only.
(b) Regulations.
The uses permitted in the Fox Chase /ENV overlay district shall be restricted to uses in the parks and open space use category, educational facilities and non-commercial urban agriculture uses.
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(1) Subarea A.
(a) Purposes.
The /NCP, North Central Philadelphia Overlay district is established to help:
(.1) preserve and protect the area from the conversion of houses into multi-family buildings that have the potential to destabilize the area;
(.2) sustain and promote single-family residential uses;
(.3) prevent declining property values;
(.4) discourage nonresidential parking as a main use; and
(.5) foster the preservation and development of this section of the City in accordance with its special character.
The Subarea A /NCP district regulations apply to all residentially-zoned properties within the following areas, as shown on the following map for illustrative purposes only:
(.1) Beginning at its northwest boundary and proceeding east, the area bounded by Cecil B. Moore Avenue, 12th Street, Oxford Street, 11th Street, Cecil B. Moore Avenue, 9th Street, Master Street, 11th Street, Stiles Street, 12th Street, Flora Street, and 13th Street.
(.2) All properties fronting on the west side of 13th Street between Jefferson Street and Oxford Street.
(.3) The area bounded by 13th Street, Susquehanna Avenue, 11th Street, and Diamond Street.
(.4) The area bounded by Girard Avenue, Watts Street, Parish Street, Park Street, Brown Street and 12th Street. 475
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The following uses are prohibited in the Subarea A /NCP district:
(.1) Two-family buildings;
(.2) Multi-family buildings;
(.3) Rooming houses;
(.4) Boarding houses;
(.5) Housing, not owner-occupied, for students (as defined by § 14-203(325) (Student)); and
(.6) Fraternity and sorority houses.
(2) Subarea B.
The Subarea B /NCP district regulations apply to all RM-1 lots within the area bounded by 20th Street, Sedgley Avenue, Margie Street, Glenwood Avenue, 20th Street, Cumberland Street, 20th Street, Master Street, Ridge Avenue, College Avenue, 20th Street, Girard Avenue, 9th Street, and Lehigh Avenue, as shown on the following map for illustrative purposes only.
/NCP, Subarea B (Applies to RM-1 lots only)
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(b) Permitted Number of Dwelling Units.
A minimum 425 sq. ft. of lot area is required per dwelling unit. Whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number.
(c) Required Parking.
Parking shall not be required for the first three dwelling units, and thereafter, shall be required at a ratio of three parking spaces for every ten dwelling units.
(.1) All signs located on a property advertising the availability of rental units shall be removed within seven (7) days following the rental, lease, or occupancy of the last available unit in the property.
(.2) No such sign shall be artificially illuminated.
(.3) The erection of such signs on properties upon which there are no vacancies is prohibited.
(.4) No such sign shall exceed a maximum gross area of 25 sq. ft.
(1) Purpose.
The Central Delaware Riverfront Overlay District is intended to connect the public and neighborhoods to the waterfront; promote sound economic development; preserve and create jobs; support diverse, walkable neighborhoods; and preserve and renew historic and natural resources.
(2) District Boundaries.
The Central Delaware Riverfront Overlay District shall consist of all lots, except for lots zoned I-P, located in the area bounded by Allegheny Avenue; the pierhead line of the Delaware River, as established by the Secretary of War on September 10, 1940; Oregon Avenue; and the east side of Interstate 95, as shown on the following map for illustrative purposes only.
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(3) River Access Streets.
For the purposes of this § 14-507, "river access streets" shall mean the following streets:
(a) Dickinson Street.
(b) Washington Avenue.
(c) Christian Street.
(d) Race Street.
(e) Callowhill Street.
(f) Spring Garden Street.
(g) Frankford Avenue.
(h) Columbia Avenue.
(i) Tasker Street.
(j) Mifflin Street.
(k) South Street.
(l) Walnut Street.
(m) Market Street.
(n) Chestnut Street.
(o) Berks Street. 482
(4) Uses.
(a) Non-accessory surface parking lots are prohibited on lots with frontage on Delaware Avenue, Christopher Columbus Boulevard, or a river access street.
(b) Uses in the vehicle and vehicular equipment sales and services category are prohibited, except that: 483
(.1) For lots in the I-1, I-2, or I-3 zoning district, uses in the vehicle and vehicular equipment sales and services category shall be permitted as otherwise indicated in Table 14-602-3 (Uses Allowed in Industrial Districts).
(.2) Personal vehicle sales and rental shall be permitted west of Delaware Avenue or Christopher Columbus Boulevard provided that:
(.a) The use is an automobile showroom in an enclosed structure; and
(.b) Service areas for vehicle repair and maintenance shall be prohibited.
(.1) The standards of this subsection (c) shall apply to lots that are both (i) located in the CA-1, CA-2, CMX-1, CMX-2, CMX-2.5, CMX-3, CMX-4, CMX-5, IRMX, or ICMX zoning district; and (ii) have frontage along any streets and watercourses identified in subsections (.a) through (.d), below. These standards shall only apply to the frontage along such streets and watercourses; provided that, where a lot fronts on two or more of such streets or watercourses, this requirement shall apply only to the longest such building frontage.
(.a) A river access street, as set forth in § 14-507(3), above.
(.b) Christopher Columbus Boulevard and Delaware Avenue between Tasker Street and Spring Garden Street;
(.c) Delaware Avenue between Spring Garden Street and Berks Street; or
(.d) The Delaware River between Washington Avenue and Spring Garden Street.
(.2) One or more of the uses specified in subsection (d), below, shall occupy at least forty percent (40%) of the length of the ground floor of the building frontage.
(.3) No more than twenty-five percent (25%) of the length of the ground floor of the building frontage may be occupied by uses other than household living or those specified in subsection (d).
(.4) No provision of this subsection (c) shall require or permit a use not otherwise permitted on the lot.
(.1) Retail sales;
(.2) Commercial services;
(.3) Eating and drinking establishments;
(.4) Lobbies associated with multi-family household living, visitor accommodations, live theaters, movie theaters, or structured garages;
(.5) Libraries and Cultural Exhibits;
(.6) Post offices;
(.7) Public open space, enclosed public space, enclosed public gardens, public rooms, through-block pedestrian connections;
(.8) Entrances to public transit stations;
(.9) Personal vehicle sales and rental, as provided in subsection (b), above.
(5) Open Area.
The minimum open area for lots greater than 5,000 sq. ft. with frontage on the Delaware River shall be forty percent (40%) of the total lot area. Any unoccupied waterfront setback required by this Zoning Code shall count towards the required open area.
(6) Building Height and Gross Floor Area.
(a) The minimum building height shall be 25 ft.
(.1) The maximum building height shall be 84 ft., unless additional building height has been earned pursuant to § 14-702 (Floor Area and Height Bonuses).
(.2) Any public space provided to earn a height bonus must meet the following conditions, in addition to those enumerated in § 14-702(6) (Public Space):
(.a) At its narrowest point, the public space must have a minimum width of 50 ft., exclusive of any street or trail right-of-way; at its shallowest point, the public space must have a minimum depth of 50 ft. exclusive of any street or trail right-of-way.
(.b) The public space must abut a public street, river access street (as set forth in § 14-507(3)), or trail.
(.3) Notwithstanding the provisions of § 14-202(4) (Gross Floor Area), on lots located entirely or in part within the Special Flood Hazard Area, any floor area that is located above the ground floor of a building and that is primarily devoted to mechanical equipment areas shall be excluded from the measurement of gross floor area for purposes of determining floor area ratio, provided that area on only one floor of the development may be so excluded.
(7) Off-Street Parking.
(a) For lots fronting on Delaware Avenue, Christopher Columbus Boulevard, or a river access street, as set forth in subsection (3): 488
(.1) No more than one curb cut shall be permitted along any street frontage provided, that
(.2) Where a river access street has been extended to intersect with the Delaware River, such extended river access street shall not be considered a curb cut for the purposes of this § 14-507(7);
(.3) Off-street surface parking shall not be located between a street and the closest principal structure to that street. 489
(b) Non-accessory and accessory aboveground structured parking shall be permitted by right, provided that an architectural or landscaped screening device is applied to each facade that faces a public street, park, or trail and is approved by the Commission for appropriateness with the surrounding neighborhood character. 490
(c) Required accessory parking in an aboveground structure that meets the requirements of subsection (b) above, shall be excluded from the calculation of gross floor area; any parking provided in addition to the required accessory parking shall count towards the calculation of gross floor area. 491
(8) Prohibited Permanent Structures.
Where a river access street, if extended, would intersect with the Delaware River, no permanent structure shall be constructed within the right-of-way of the extension of such street. For the purposes of this section, if the right-of-way has a width of greater than 70 ft., the right-of-way shall be deemed to include only a 70 foot wide path located entirely within the boundaries of the street, as extended. If a single person or entity owns the entire extension of the street within the boundaries of this Overlay District, then such owner shall designate where the 70 foot wide path shall be located, so long as it is located entirely within the boundaries of the street, as extended, and, so far as practicable, runs parallel to such boundaries. If a single person or entity does not own the entire extension of the street, the 70 foot wide path shall be located equidistant from each of the two outer edges of the street, as extended.
(9) Form and Design.
(a) Single-story buildings containing at least 10,000 sq. ft. of gross floor area of which seventy-five percent (75%) is occupied by a single use shall comply with the following. For the purposes of this section, intermediate floor levels such as mezzanines shall not count as a story.
(.1) Facade articulation and at least one entrance is required for each building facade that faces directly onto a public street, park, or trail. Between the average ground level and a height of 25 ft., a minimum of fifty percent (50%) of the wall area must include one or more of the following features:
(.a) Ornamental and structural detail;
(.b) Projections, recesses, or other variations in planes; or
(.c) Transparent windows or other transparent glazed area.
(.2) For every 10,000 sq. ft. of building area, there shall be 500 sq. ft. of public plaza in proximity to at least one of the building entrances. Public plaza space required by this subsection (.2) shall count towards the required open area, but shall not be eligible for the additional floor area ratio or building height bonus that may be earned for the provision of additional public open space, as provided in § 14-702(6). Bicycle parking required by § 14-804(1) (Required Bicycle Parking Spaces) shall be located in the public plaza. The public plaza(s) shall have a minimum of 1 bench and 1 tree per 250 sq. ft. of public plaza. Vehicular traffic and loading are prohibited from accessing required public plazas.
(b) For lots located east of Richmond Street (north of Susquehanna Avenue), Delaware Avenue, or Columbus Boulevard, above the average ground level, no portion of any building shall be located within 35 ft. of any portion of any other building located on the same lot.
(c) For each structure on lots located east of Richmond Street (north of Susquehanna Avenue), Delaware Avenue, or Columbus Boulevard, the cumulative length of any sides that roughly parallel and face toward Delaware Avenue, Columbus Boulevard, or Richmond Street shall not exceed 200 ft., not including any portions of those sides that extend below the average ground level. L&I may refer applications to the Commission for the determination of which sides, if any, are roughly parallel to these streets.
(d) Building frontages on Richmond Street (north of Susquehanna Avenue), Delaware Avenue, or Columbus Boulevard shall have a minimum of 50 linear ft. between ground floor primary entrances for household living uses on the same lot.
(10) Civic Design Review.
For any development that fronts on Delaware Avenue, Christopher Columbus Boulevard, the Delaware River, or a river access street, as set forth in § 14-507(3), above, and is subject to civic design review under § 14-304(5)(b), the Civic Design Review Committee shall consider, in addition to the criteria set forth at § 14-304(5)(f), the criteria set forth at § 14-507(10)(b).
(b) Criteria.
(.1) Whether the building has transparent windows or other transparent glazed area covering at least fifty percent (50%) of the ground floor facade.
(.2) Whether the sidewalk widths along river access streets are consistent with the Philadelphia Pedestrian and Bicycle Plan.
(.3) Whether the project supports current or future public access to the waterfront.
(11) Conflicting Regulations.
(12) Optional Special Standards, Review, and Exemptions.
(a) Developments that meet the criteria set forth in subsection (b), below, and complete the reviews and approvals set forth in subsection (c), below, shall be exempted from certain zoning restrictions, as provided for in subsection (d), below.
(b) Criteria.
A development shall meet all the criteria of this subsection (b) in order to be eligible for the exemptions provided for in subsection (d).
(.1) Availability.
(.a) The exemptions provided in subsection (d) shall only be available to lots in the /CDO overlay district within a CMX-3, CMX-4, or CMX-5 zoning district and located:
(i) East of Richmond Street (north of Susquehanna Avenue), Delaware Avenue, or Columbus Boulevard;
(ii) West of Columbus Boulevard, between Market Street and Spring Garden Street; or
(iii) West of Delaware Avenue, between Spring Garden Street and Fairmount Avenue.
(.b) The exemptions provided in subsection (d) shall only be available to a development with respect to which no structure or use requires a variance under § 14-303; and with respect to which the owner commits, to the satisfaction of the Commission, that any subsequent, substantially related development located on the same lot will satisfy the requirements of this subsection (b) and subsection (c), below.
(.2) Uses.
(.a) For building frontages on Richmond Street (north of Susquehanna Avenue), Delaware Avenue, or Columbus Boulevard:
(i) One or more of the uses provided in § 14-507(4)(d) (Active Ground Floor Uses) shall occupy at least fifty percent (50%) of the length of ground floor of the building frontage; and
(ii) No more than twenty-five percent (25%) of the length of the ground floor of the building frontage may be occupied by uses other than household living or those specified in subsection § 14-507(4)(d).
(.b) For building frontages along one or more river access streets, as set forth in § 14-507(3), above:
(ii) No more than twenty-five percent (25%) of the length of the ground floor of the building frontage may be occupied by uses other than household living or those specified in subsection § 14-507(4)(d).
(.3) Form and Design.
For each structure, within the first 36 ft. of height above the average ground level, the cumulative length of any sides that roughly parallel and face toward Delaware Avenue, Columbus Boulevard, or Richmond Street shall not exceed 150 ft. L&I may refer applications to the Commission for the determination of which sides, if any, are roughly parallel to these streets.
(.4) Parking.
(.a) Surface parking lots shall not be located within 75 ft. of Delaware Avenue, Columbus Boulevard, or Richmond Street.
(.b) Above ground parking structures shall not be located within 50 ft. of a trail, Delaware Avenue, Columbus Boulevard, or Richmond Street unless either:
(i) At least fifty percent (50%) of the ground floor frontage of that parking structure along a trail, Delaware Avenue, Columbus Boulevard, or Richmond Street contains one or more of the uses provided in § 14-507(4)(d); or
(ii) There is direct pedestrian access from a public sidewalk or trail to a public open space, public park, or public plaza that meets the minimum standards to qualify for a floor area or height bonus set forth § 14-702(6) (Public Space) (except for § 14-702(6)(a)(.4), relating to height above sidewalk level) and that is located on the roof of the parking structure.
(.5) Stormwater.
For lots located east of Richmond Street (north of Susquehanna Avenue), Delaware Avenue, or Columbus Boulevard, the development shall be designed such that all on-site stormwater shall discharge directly to the Delaware River without the use of City infrastructure in accordance with Water Department regulations and any other applicable procedures and regulations.
(.6) Average Ground Level.
If a development is situated on or within a pier or garage that lies partially or entirely below the average elevation of its primary street frontage and is located within the Special Flood Hazard Area, the Commission may, upon a determination that to do so is consistent with the goals of this Overlay, deem the average ground level of the lot to be equal to the average level of the top of that pier or garage, for purposes of the requirements of subsection (9) ("Form and Design") and subsection (12)(b)(.3) ("Form and Design") only.
(.7) Amenities.
(.a) If the lot abuts or contains a portion of the Delaware River and the development is not located solely on a pier, the owner shall construct on the lot a trail that meets the minimum standards to qualify for a bonus set forth at § 14-702(11) (Trails) prior to the issuance of a certificate of occupancy for a development approved under this subsection (12); provided that the Commission may waive this requirement if the Commission determines that a trail on the lot will not beneficially serve the public interest in terms of pedestrian access to the Delaware River.
(.b) Should the Commission waive the requirements of subsection (.a), the owner shall provide public improvements, at a cost to the owner approximately equal to the cost that the owner would have incurred had the Commission not waived the requirements of subsection (.a), above. These improvements may include, but need not be limited to, transportation enhancements, trail enhancements or connections, public comfort stations, natural resource preservation, or environmental restoration. Such improvements are subject to approval by the Commission. To the extent possible, any such improvement shall be coordinated with a city-related agency organized to design, develop, and manage the Delaware River waterfront.
(.c) The owner shall provide on the lot a public open space, public park, or public plaza that meets the minimum standards to qualify for a floor area or height bonus set forth § 14-702(6) (Public Space), and that can be accessed by pedestrians from Delaware Avenue, Columbus Boulevard, Richmond Street, a river access street, or the trail constructed to meet the requirements of subsection (.a) above, prior to the issuance of a certificate of occupancy for a development approved under this subsection (12). The Commission may waive any requirement concerning the height of the public space relative to average ground level, if the Commission determines that the issuance of this waiver would beneficially serve the public interest.
(.8) Other Bonuses Restricted.
(c) Reviews and Approvals.
A development shall complete all of the following reviews and approvals in order to qualify for the exemptions set forth at subsection (d), below:
(.1) L&I shall not issue a zoning permit until:
(.a) The applicant attends a meeting to review the proposed development with the Commission prior to the issuance of a zoning permit.
(.b) The development completes Civic Design Review, as if the development meets the requirements of § 14-304(5)(b)(.1) (Required Review).
(.c) The Commission certifies to L&I:
(i) The application satisfies all of the requirements of subsection (b) and this subsection (c).
(ii) In the opinion of the Commission, the development advances the purpose of the /CDO overlay district,, as stated in § 14-507(1) and as directed by the regulations of the Commission.
(.2) Prior to the issuance of a building permit, the Commission certifies to L&I that, in the opinion of the Commission, all proposed facades and public spaces are in harmony with the intended character of the /CDO overlay district, as directed by the regulations of the Commission.
(d) Exemptions from Other Zoning Restrictions.
A project that satisfies the requirements of subsections (b) and (c), above, shall be entitled to the following exemptions:
(.1) Maximum building heights shall not apply, including but not limited to the maximum height provision of § 14-507(6)(b) ("Building Height").
(.2) The parking requirements of § 14-802(3) (Required Parking in Commercial Districts) shall not apply.
(.3) Any accessory parking provided in an aboveground structure that does not exceed the parking requirements of § 14-802(3) (Required Parking in Commercial Districts) that would otherwise apply, shall be excluded from the calculation of gross floor area; any parking in addition to the accessory parking that would otherwise be required shall count towards the calculation of gross floor area. 497
(13) Frontages.
For the purposes of this § 14-507 (/CDO, Central Delaware Riverfront Overlay District), a lot will be deemed to have frontage on a given street or watercourse if any portion of the lot is within 75 ft. of the given street or watercourse and there is no permanent structure on any lots located entirely or partially within any area that separates the lot from the given street or watercourse.
(1) Purpose.
The purpose of the /DRC, Delaware River Conservation Overlay district is to further enhance the quality of life in Philadelphia by promoting and protecting a system of parks and trails along the North Delaware River called the "Delaware River Greenway".
(a) Boundaries.
(.1) The boundaries of the district are the south side of Allegheny Avenue on the south; the Philadelphia/Bucks County line on the north; the western Bulkhead Line of the Delaware River as amended by the Secretary of War on September 10, 1940 on the east; and a line 50 ft. west of the eastern boundary on the west.
(.2) If, due to erosion, accretion, or human activity, the top of the west bank of the Delaware River has substantially moved away from the western Bulkhead Line, then the most westerly line along the top of the west bank is the eastern boundary of this district. Any discrepancies between the physical top of the bank and Bulkhead Line along the west bank of the Delaware River will be surveyed by the District Surveyor, and the Board of Surveyors of the Streets Department will keep the survey on file and available for public inspection.
(2) Use Regulations.
The following uses are prohibited within the /DRC Overlay district:
(a) Freestanding accessory advertising signs.
(b) Non-accessory advertising signs.
(c) Any new structures, other than as necessary to support a use permitted by § 14-704(5) (Waterfront Setbacks).
(1) Purpose.
The special land use and zoning controls of the /CAO, City Avenue Overlay district address the following specific purposes:
(a) Support new pedestrian-active and transit-friendly high density commercial, institutional, and residential uses, by requiring pedestrian-oriented access from a public street;
(b) Encourage a mix of commercial, institutional, and residential uses;
(c) Enhance the physical context of the district, for both pedestrians and transit users, by minimizing pedestrian-vehicular conflicts, by limiting the number, width, and location of driveways, and encouraging the renovation and erection of buildings that provide direct connections to the street and sidewalk;
(d) Enhance the visual character and identity of the district through appropriate design standards relating to site layout, building scale and design, landscape design, and signage;
(e) Discourage dependence on automobile use by promoting alternate modes of transportation, thereby reducing traffic congestion;
(f) Encourage the development of shared parking and attractive and convenient off-street parking facilities, to reduce on-street congestion and facilitate vehicular and pedestrian circulation; and
(g) Protect existing residential neighborhoods that abut the district.
(2) Boundaries.
(3) Regulations.
(a) Occupied Area and Impervious Cover.
(.1) The occupied area shall be limited to eighty percent (80%) of the lot area.
(.2) In the Regional Center, impervious cover shall be limited to eighty percent (80%) of the lot area.
(.3) In the Village Center, impervious cover shall be limited to eighty-five percent (85%) of the lot area.
(b) Front Setback.
The following front setback requirements apply:
(.1) The front setback line shall be situated parallel to the street frontage lot line, within the depth of the lot.
(.2) For a corner lot, the required front setback on each lot frontage that is immediately adjacent to a residential use in a Residential district shall be at least equal in depth to the required front setback on the immediately adjacent residential lot.
(.3) In the Regional Center, buildings fronting City Avenue shall be located a minimum of 25 ft. and a maximum of 40 ft. from the street curb edge. Buildings fronting other streets shall be located a minimum of 20 ft. and a maximum of 30 ft. from the street curb edge.
(.4) In the Village Center, buildings shall be located a minimum of 20 ft. and a maximum of 30 ft. from the street curb edge.
(.5) The primary pedestrian access point shall be located on street frontage.
(.6) Surface parking areas, parking structures, and driveways are prohibited between the building and the front lot line. Driveways giving access to surface parking areas or structures elsewhere on the lot may cross portions of the front setback area on either side of the front facade of the building.
(.7) Unless otherwise required by this section, fencing, hedges, and other continuous barriers are prohibited between the curbline and the front setback line.
(.8) In the Regional Center, the location of the face of the building may be extended up to 20 ft. further from the street curb if the additional area is used as a public gathering space or for outdoor dining.
(c) Side Yards.
There is no required minimum side yard. If a side yard is provided, it must be a minimum width of 10 ft.
(d) Rear Yards.
(.1) Except as provided in § 14-509(3)(d)(.2) below, for a building used for commercial purposes located on a lot that backs up to a commercially zoned lot, a rear yard is not required.
(.2) Residential buildings shall have a minimum rear yard depth of 15 ft., except where residential uses are located above parking or commercial uses, in which case the residential portion of the building shall be setback a minimum 15 ft. from the rear lot line.
(.3) For a building located on a lot that backs up to a residentially zoned lot, a rear yard setback of 15 ft. is required. The lot must also comply with the minimum buffer requirements set forth in § 14-509(3)(i) (Buffer Area) as applicable.
(e) Lot Width.
(.1) There is no minimum lot width.
(.2) Where development is proposed on any existing lot wider than 600 ft., the developer is encouraged to provide a public access vehicular and pedestrian way through the lot such that the lot frontage between each street and the public access way does not exceed 600 ft. 501
(f) Floor Area Ratio.
(.1) Basic Floor Area Ratio.
Notwithstanding the provisions of § 14-701 (Dimensional Standards) applicable to the base zoning district, the maximum floor area ratio of a building in the /CAO overlay district shall not exceed:
(.a) Three hundred seventy-five percent (375%) of the lot area for a building that contains a residential use and a retail sales, office, or commercial services use, provided that the retail sales, office, or commercial services use occupies a minimum seventy-five percent (75%) of the ground floor area of the building; or
(.b) Three hundred fifty percent (350%) of the lot area for all other buildings.
(.2) Additional Floor Area Ratio.
(.a) An additional gross floor area of up to fifty percent (50%) of the lot area may be earned for the provision of public open space that meets the criteria described in § 14-702(6)(a) (Criteria for Open Space, Public Parks, and Public Plazas).
(.b) An additional gross floor area of up to fifty percent (50%) of the lot area may be earned for the provision of underground parking and loading that meets the criteria described in § 14-702(9)(a) (Criteria).
(g) Building Height.
(.1) The minimum height of any building shall be 25 ft. above grade.
(.2) Except as provided in § 14-509(3)(g)(.2)(.d) below, the maximum height of any building in the Regional Center shall be as follows:
(.a) The maximum height of any building not within the area identified on the Maximum Height Map shall be 120 ft.
(.b) The maximum height of any building within the area identified on the Maximum Height Map shall be 300 ft.
(.c) The maximum height of any building in the Village Center shall be 65 ft., as measured from the average grade of the parcel, except as provided in § 14-509(3)(g)(.2)(.d) below.
(.d) A penthouse for elevators, stairways, or mechanical equipment shall not be included in measuring the height of a building containing both commercial and either residential or hotel uses if the enclosed area occupies less than fifty percent (50%) of the floor area of the story below and is set back a minimum of 20 ft. from the exterior walls of the building.
{For printable PDF version of image, click HERE}
(h) Building Bulk and Spacing.
(.1) Buildings that incorporate portions of varying height are encouraged.
(.2) For buildings 45 ft. or less in height, the maximum diagonal dimension of the building footprint shall be 420 ft. The minimum spacing between the building and another building that is 45 ft. or less in height shall be 30 ft.
(.3) For buildings over 45 ft. and up to 65 ft. in height, the maximum diagonal dimension of the building footprint shall be 375 ft. The spacing between the building and another building that is 65 ft. in height or less shall be no less than the height of the lower building, but in no case less than 30 ft.
(.4) For buildings over 65 ft. and up to 120 ft. in height, the maximum diagonal dimension of the building footprint shall be 320 ft. The spacing between the building and another building that is 120 ft. in height or less shall be no less than the height of the lower building, but in no case less than 60 ft.
(.5) For buildings over 120 ft. and up to 200 ft. in height, the maximum diagonal dimension of the building footprint shall be 250 ft. The spacing between the building and another building that is 200 ft. in height or less shall be no less than the height of the lower building, but in no case less than 60 ft.
(.6) For buildings over 200 ft. and up to 300 ft. in height, the maximum diagonal dimension of the building footprint shall be 210 ft. The maximum gross floor area shall be no greater than 15,000 sq. ft. The spacing between the building and another building that is 200 ft. in height or less shall be 200 ft. Minimum spacing between the building and another building that is greater than 200 ft. shall be no less than the height of the lower building, but in no case less than 60 ft.
(.7) For an "L"-shaped building, the diagonal dimension shall be measured between the two points of the "L" furthest from one another.
(.8) Minimum spacing between buildings requirements shall not apply when the two adjacent buildings are any of the following: college or university uses or in SP-INS districts.
(i) Buffer Area.
(.1) Where a development is adjacent to a residential use in a residential zoning district, there shall be a buffer area between the development and the residential use. The minimum depth of the buffer, measured between the building and the lot line, shall be as follows:
(.a) In the Regional Center, 20 ft.
(.b) In the Village Center, 10 ft.
(.2) The buffer area shall be planted with trees and shrubs.
(.3) There may not be more than one combined vehicular entrance and vehicular exit through the buffer area to any street, except for corner lots which may have one combined entrance and exit on each street.
(j) Required Amount of Parking.
Parking for new and altered structures within the City Avenue Overlay district shall be calculated by using the values noted below.
Land Use
|
Minimum Required Parking
|
Maximum Allowed Parking
|
Theater | 0 | 1 / 5 seats |
Hotel | 1 / 2 rooms | 1 / 1 room |
Residential | 1 / unit | N/A |
All Other Permitted Uses | 0 | 4 / 1,000 sq. ft. of net leasable area |
(k) On-Site Parking Standards.
(.1) Surface parking and loading shall not extend more than 60 ft. in width along any street frontage.
(.2) Only one curb cut/driveway is permitted on each street frontage of each lot. Maximum curb cut/driveway width is 24 ft. Where a lot has frontage on two streets, principal access shall not be from City Avenue.
(.3) Surface parking lots and exterior loading areas shall be placed between the structure and a rear lot line, but not located in the buffer zone. On a corner lot, if the Commission determines that it would be impractical to place surface parking or exterior loading behind the buildings, the Commission may authorize placement elsewhere, but not on City Avenue.
(.4) Where a parking garage is constructed on a lot adjacent to City Avenue and there is no primary structure between that parking garage and the City Avenue frontage, the full height of the parking garage facade facing City Avenue shall be occupied by uses in the residential, office, retail sales, commercial services or public, civic, or institutional use categories.
(l) Drive-Throughs.
(.1) In the Regional Center, drive-throughs for commercial uses shall be prohibited.
(.2) In the Village Center, drive-throughs for commercial uses shall be prohibited, except where the drive-through is located at the rear of the building, and ingress/egress to the lot is limited to one curb cut.
(m) Off-Site Parking.
Off-site parking as an accessory use is permitted in the City Avenue Overlay district subject to the regulations set forth below.
(.1) When land uses on adjacent lots within the district create shared parking areas with circulation paths and access points that are under common ownership or controlled by a reciprocal easement agreement, the collective parking requirements for development on those properties may comply with the required parking values listed in § 14-509(3)(j) (Required Amount of Parking). Documentation confirming the ownership and/or management arrangement shall be submitted to L&I at the time of zoning application. The documentation must demonstrate a commitment for the use of the off-site shared parking and the zoning permit or other City approval may be limited to the duration of that commitment.
(.2) Required parking may be provided off-site, provided:
(.a) Off-site parking must be within 1,000 ft. of the development using a sidewalk or other public pedestrian way continually accessible to the public, measured from lot line to lot line;
(.b) Both the development and the parking facility comply with the design standards within this section;
(.c) An easement agreement or other documentation that the private parking facility owner agrees to make the spaces available to the proposed off-site development shall be submitted to L&I with the zoning application. The off-site parking spaces may not be designated as required parking for some other use. The documentation must demonstrate a commitment for the use of the off-site shared parking; and
(.d) The off-site parking must be otherwise permitted as a principal use by this Code on the lot where it is located.
Auto-share parking spaces shall be provided for all developments containing over 100 residential units or 100,000 sq. ft. of commercial space at the rate of at least one auto-share space per 100 units or one auto-share space per 100,000 sq. ft. of commercial space. Such auto-share space may be counted toward meeting total parking requirements under § 14-509(3)(j) (Required Amount of Parking). For every auto-share space provided for a residential or hotel use, the total required parking under § 14-509(3)(j) (Required Amount of Parking) may be reduced by four spaces, up to forty percent (40%) of the total required spaces.
(o) Loading.
Areas used for loading or trash collection purposes shall either be:
(.1) located indoors; or
(.2) located no closer than 50 ft. from any residential zoning district and located outside of the buffer zone, provided that the area shall be screened from public view.
(p) Awnings.
These standards apply to awnings.
(.1) Length: Awnings shall not exceed 20 ft. in horizontal length and be centered within architectural elements, such as doors or columns.
(.2) Projection: Awnings shall not project more than three to six ft. into the public right-of-way. All awnings must be a minimum of three ft. from the curb line.
(.3) Mounting Height: The bottom of awnings shall be at least eight ft. above grade or sidewalk.
(.4) Design. On multi-tenant facades, awning heights, projections, and style of awning shall be similar.
(.1) Accessory wall and projecting signs shall be limited to one sign per tenant and be of the following maximum size along each building frontage:
(.a) Wall sign: 65 sq. ft. The total area of all wall signs per building on any property within the District may not exceed the limits established for CMX-2 and CMX-2.5 zones delineated in Table 14-904-1.
(.b) Projecting sign: 25 sq. ft.
(.2) Accessory Freestanding signs shall be limited to one sign of a maximum size of 50 sq. ft. along each building frontage.
No building permit shall be issued unless the site layouts and landscape plans have been reviewed and approved by the Commission for conformance with the development design standards set forth in this § 14-509(3)(r) (Development Design Standards). The Commission may grant exemptions from a strict interpretation of the design standards, where the Commission finds that conformance with the design standards is impractical. The Commission shall have 60 days to approve or disapprove the application, after which its approval shall be presumed. The Commission shall not issue any approval under this subsection unless the Art Commission has first issued any approvals required under applicable law.
(.1) Applicability.
All new, expanded and rehabilitated buildings (where such expansion or rehabilitation is equal to or exceeds fifty percent (50%) of the existing area of the building) shall comply with the design standards.
(.2) Public Walkways.
Public walkways shall have a minimum width of 14 ft. and may be provided both within the street right-of-way and within the lot line.
(.3) Street Trees.
All development in the /CAO overlay district shall satisfy the street tree requirements of § 14-705(2) (Street Tree Requirements), if applicable.
(.4) Utilities.
For all new developments, electric, cable, and telephone service connections from the main utility line shall be installed underground, from the nearest existing utility pole, unless the Commission determines that underground service would be impractical.
(1) Purpose.
Development within the Wissahickon Watershed has led to increased flooding of the Wissahickon Creek and its tributaries and has increased the hazards of erosion, siltation, and channel enlargement within the Wissahickon Watershed. To prevent such adverse conditions and the degradation of the environment, it is necessary to impose environmental regulations to protect the health, safety, and general welfare, to improve water quality, and to achieve environmentally sound land development within the Wissahickon Watershed.
(2) Applicability.
The /WWO district regulations apply during and after construction and to all construction site clearing and earth moving within the Wissahickon Watershed and will promote a regional approach to the protection of the Wissahickon Watershed.
(3) District Boundaries.
These special environmental regulations apply within the boundaries of the /WWO, Wissahickon Watershed Overlay district, encompassing the area generally bounded by Ridge Avenue, Schoolhouse lane, Germantown Avenue, Mount Airy Avenue, and the Montgomery County Line, as shown on Wissahickon Watershed Overlay Map of § 14-510(4) (Wissahickon Watershed Overlay Map).
(4) Wissahickon Watershed Overlay Map.
The Commission shall maintain the official Wissahickon Watershed Overlay map and make the map available to the public for inspection during normal business hours. The following map is provided for illustrative purposes only.
{For printable PDF version of image, click HERE}
(5) Setbacks from Watercourses.
(a) There shall be no new impervious ground cover constructed or erected within 200 ft. of the bank of a stream or within 50 ft. of the center line of a swale within the /WWO overlay district. Streams and Swales that have been buried in sewer or in embedded culverts, shall be excluded.
(b) For the purposes of this section, § 14-510 /WWO, Wissahickon Watershed Overlay District, the following terms are defined:
(.1) Culvert.
A tunnel, typically embedded so as to be surrounded by soil, carrying a stream or open drain under a road or railroad.
(.2) Sewer.
An underground conduit for carrying drainage water and waste material.
(6) Impervious Coverage Regulations.
(a) Basic Impervious Coverage.
The Commission shall establish, by regulation, an Impervious Coverage Map designating land areas within the /WWO overlay district as one of five categories of impervious coverage in order to prevent and control floods of the Wissahickon Creek. No building, paving, street, or other impervious ground cover may be constructed or placed on any property within the watershed in excess of the requirements of the following table:
Category
|
Limit of impervious ground coverage
|
1 | 20% |
2 | 27% |
3 | 35% |
4 | 45% |
5 | No limit, see § 14-510(6)(b) |
(b) Category 5 Requirements.
There is no percentage limitation of impervious ground coverage on land deemed to be developed or otherwise disturbed from its natural state, provided that lots larger than one-half acre may be further developed only as follows:
(.1) The increased surface water runoff leaving the site must not adversely affect adjacent property.
(.2) The method of handling runoff on the site must be in accord with sound engineering practices and must not significantly accelerate on-site erosion.
(.3) Such development must not significantly diminish the infiltration capacity of the site.
(c) Additional Impervious Coverage.
(.1) Stormwater leaving the property shall be substantially similar in effect to that under the basic impervious coverage limitation under § 14-510(6)(a) (Basic Impervious Coverage).
(.2) Stormwater countermeasures shall not require excessive or significant maintenance.
(.3) Design of stormwater countermeasures must take account of stormwater runoff that enters the property from adjacent land.
(.4) The method of handling runoff on the site must be in accord with sound engineering practices and must not significantly accelerate on-site erosion.
(.5) Such development must not significantly diminish the infiltration capacity of the site.
(d) Aggregate of Impervious Coverage in Subdivisions.
Coverage may be aggregated to any section of a subdivision provided that an equal amount is withdrawn from remaining sections and provided further that such aggregation will not cause any significant additional erosion or channel enlargement to any portion of a surface water body greater than that allowed prior to aggregation. Any such aggregation provisions must be included within the approved plan of subdivision (see § 14-304(7) (Subdivisions and Subdivision Plats).
(7) Earth Moving Plans.
(a) No earth moving activity will be permitted within the watershed unless done in accordance with approved earth moving plans. These plans must be prepared by a licensed professional engineer in accordance with regulations approved by the Commission and must set forth the measures by which erosion and sedimentation are controlled. Such plans must be filed with and approved by the Commission except as follows: 507
(.1) Where the site is designated as being within Category 5 on the Impervious Coverage Map; or
(.2) Where the earth moving or additional impervious coverage will be less than 500 sq. ft.
(b) A professionally-sealed earth moving plan must be maintained on site for the duration of earth moving and construction and must be available for inspection as deemed necessary by the Commission.
(c) Where the Commission finds earth moving plans are not in accordance with its regulations, it may require the filing and approval of revised plans.
(8) Certification and Enforcement.
L&I shall not issue any zoning or building permits unless the Commission has certified to L&I that the proposed development conforms to the requirements of this section. The Commission has a maximum of 45 days after all required documents are received to approve or disapprove the application, after which its approval will be presumed.
(1) Purpose.
This § 14-511 is intended to recognize the importance of preventing hazards to aircraft navigation that may result from the height of structures in areas surrounding airports within the City. The regulations create the appropriate zones and applicable boundaries where height restrictions for structures or uses of land will be limited so as not to obstruct the airspace required for aircraft landing or taking off from runways, or would otherwise be hazardous to aviation operations during landing or take-off. The limitations intended to mitigate such obstructions are established in order to protect the safety and general welfare of the traveling public, as well as to protect the safety and general welfare of property and occupants of land in the vicinity of the airports and to continue to foster economic growth for the region.
(2) Applicability.
The provisions of this § 14-511 shall apply throughout the City.
(3) Height Restrictions.
No building, structure, or other object shall exceed the height limitations as provided by Title 14 of the Code of Federal Regulations (C.F.R.) – Federal Aviation Regulations (F.A.R.) Part 77: Objects Affecting Navigable Airspace (14 C.F.R. § 77.1 to 77.75) and all of its referenced standards and Advisory Circulars, as they may be amended or added from time to time. Runways referenced in the foregoing shall include all of the following:
(a) At Philadelphia International Airport, Runway Nos. 8, 17, 26, 27L, 27R, 35.
(b) At Northeast Philadelphia Airport, Runway Nos. 6, 15, 24, 33.
(4) Nonconforming Uses.
(a) Marking and lighting: Upon notice from L&I, the owner of any nonconforming structure that has an adverse effect on air navigational safety as determined by the Federal Aviation Administration shall install obstruction markers or lights as deemed necessary by the FAA, so that the structures become more visible to pilots. All costs to maintain and operate such markers or lights shall be borne by the owner of the nonconforming structure.
(b) No person shall rebuild, replace, or substantially alter any nonconforming structure or other object if, in doing so, the new or altered structure or object would present a greater hazard to air navigation, as determined by the Chief Executive Officer of Philadelphia International Airport or his or her designee, than the prior, unaltered structure or object presented at the time of adoption of this § 14-511. 508
(5) Variances.
(.1) The applicant submits with the application for a variance:
(.a) A map or drawing showing the location of the property in relation to the airport imaginary surfaces. L&I shall provide the applicant with appropriate base maps upon which to locate the property;
(.b) Elevation profiles and a site plan, both drawn to scale, including the location and height of all existing and proposed structures, measured in feet above mean sea level;
(.c) Documentation that a completed FAA Form 7460-1 has been filed with the FAA, along with either a copy of the Form or a printout documenting the relevant information;
(.d) A determination from the Federal Aviation Administration as to the effect of the proposal on the operation of aircraft navigation facilities and the safe, efficient use of navigable airspace. In no instance shall a variance issue if it would allow for a development in violation of any applicable federal regulation; and
(.e) Notice to the Philadelphia Department of Aviation at least fifteen days prior to the public hearing on the variance request, in a form satisfactory to the Philadelphia Department of Aviation. The Zoning Board shall give substantial weight to any concerns expressed by the Philadelphia Department of Aviation regarding interference with aviation safety. 508.1
(.2) Prior to issuing any variance, the Zoning Board, through L&I, shall give the Pennsylvania Department of Transportation 30 days notice of the Zoning Board's intent to issue the variance, in such form as the Department of Transportation shall require. The Zoning Board may require further documentation from the applicant, if required by the Department of Transportation.
(6) Conflicts.
In the event of a conflict between any provision of this § 14-511 and any other provision of this Title, the more restrictive provision shall control.
(1) Purpose.
The /TOD, Transit-Oriented Development Overlay District, including the development, use, and parking standards of this section, is intended to encourage compact urban growth patterns, opportunities for increased transportation mode choice, reduced reliance on the automobile, and a safe and pleasant pedestrian environment. The regulations help ensure an attractive streetscape, a functional mix of complementary uses and provision of amenities that support the use of transit, bicycles, and pedestrian facilities.
(2) Applicability.
The /TOD, Transit-Oriented Development Overlay District standards of this section shall apply to new construction and expansions of more than thirty percent (30%) of gross floor area on lots located within the /TOD Transit-Oriented Development Overlay Districts designated in § 14-513(3) (Designation).
(3) Designation.
Any lot that meets the conditions set forth in subsection § 14-513(3)(b) shall be subject to the /TOD, Transit-Oriented Development Overlay District rules of this section.
The following transit stations are designated as Transit-Oriented Development (TOD) Transit Stations. Any renaming of a station shall not affect its designation herein.
(.1) Frankford Transportation Center (Market-Frankford Line). 512
(.2) Erie-Torresdale Station (Market-Frankford Line). 513
(.3) Tioga Station (Market-Frankford Line). 514
(.4) Allegheny Station (Market-Frankford Line). 515
(.5) Somerset Station (Market-Frankford Line). 516
(.6) Huntingdon Station (Market-Frankford Line). 517
(.7) Berks Station (Market-Frankford Line). 518
(.8) Spring Garden Station (Market-Frankford Line). 519
(.9) 46th Street Station (Market-Frankford Line).
(.10) 52nd Street Station (Market-Frankford Line).
(.11) 56th Street Station (Market-Frankford Line).
(.12) 60th Street Station (Market-Frankford Line).
(.13) 63rd Street Station (Market-Frankford Line).
(b) Transit-Oriented Development (TOD) Lots, Designated.
The /TOD Transit-Oriented Development Overlay District shall include any lot lying in whole or in part within 500 linear ft. of any entrance to, or exit from, a TOD Transit Station. The Commission shall maintain a map of all TOD Overlay Districts and shall be responsible for determining whether a given lot lies within the /TOD Overlay District.
(4) Use Regulations.
Notwithstanding the provisions of this Zoning Code, lots located in any /TOD Overlay District shall comply with the following use regulations.
(a) Non-Accessory Parking Garages.
Where non-accessory parking garages are otherwise permitted by the base zoning district, non- accessory parking garages shall require a special exception.
(b) Active Ground-Floor Uses.
If permitted under the base zoning district, at least one of the following uses is required on the ground floor of any building along the primary frontage:
(.1) Retail sales;
(.2) Commercial services;
(.3) Public, civic, and institutional uses;
(.4) Office uses; or
(.5) Enclosed public space, enclosed gardens, public rooms, through-block connections.
(c) Prohibited Uses and Development.
The following uses are prohibited:
(.1) Vehicle and vehicular equipment sales and services uses;
(.2) Wholesale, distribution, and storage uses;
(.3) Non-accessory surface parking; and
(.4) Drive-throughs.
For any lot within a CMX-1, CMX-2, CMX-2.5, or RM-1 district, the maximum number of dwelling units permitted is increased by fifty percent (50%).
(5) TOD Form and Design Standards.
(a) Dimensional Standards.
(.1) Properties in a zoning district where Table 14-701-2 (Dimensional Standards for Higher Density Residential Districts) or Table 14-701-3 (Dimensional Standards for Commercial Districts) allows a maximum height of 38 ft. are subject to a maximum height of 45 ft. 521
(.3) The minimum building height shall be 25 ft.
(.4) New buildings must be built to the street line at ground level, along at least eighty percent (80%) of the primary street frontage, excluding curb cuts.
The following standards apply in all /TOD Overlay Districts:
(.1) Accessory parking shall be required as follows: the lesser of (.a) the required minimum for the proposed use, as adjusted by subsection (.2), below; or (.b) the number of accessory parking spaces in existence prior to the proposed use.
(.2) Reductions in Parking Minimums.
(.a) For lots within a CMX-4, CMX-5, RMX-3, or RM-4 district, any parking requirement otherwise applicable under § 14-802(2) (Required Parking in Residential Districts) or § 14-802(3) (Required Parking in Commercial Districts) is reduced by five spaces or by fifty percent (50%), whichever reduction is greater.
(.b) For lots within any other base zoning district, any parking requirement otherwise applicable under § 14-802(2) (Required Parking in Residential Districts), § 14-802(3) (Required Parking in Commercial Districts) or § 14-802(4) ( Required Parking in Industrial Districts) is reduced by five spaces.
(.3) Accessory surface parking lots and accessory parking garages are prohibited between the principal structure and the street frontage.
(.4) Accessory and non-accessory parking garages must have active ground floor uses as listed in § 14-513(4)(b), above.
(.6) For residential uses, no more than one auto parking space may be provided per every two housing units, rounding up to the nearest whole number.
(.7) No more than one curb cut may be permitted along each street frontage of a property; provided, however, that a second curb cut may be permitted if a minimum of 200 linear ft. is provided between each curb cut.
(1) Boundaries.
The Far Northeast Overlay District applies to the 56th Ward, 58th Ward, 63rd Ward, and 66th Ward, as shown on the following map for illustrative purposes only
FNE Far Northeast Overlay District
{For printable PDF version of image, click HERE}
(2) Use Regulations.
(a) Commercial vehicle repair and maintenance, commercial vehicle sales and rentals, vehicle fueling station, personal vehicle repair and maintenance, personal vehicle sales and rentals, and vehicle paint finishing shop uses are prohibited within all lots zoned I-1 or I-2. 526
(b) In CA-2 districts, Visitor Accommodations is not permitted within 1,000 feet of a residential zoning district.
(c) Any use within the Code that qualifies for a special exception shall instead require a variance within this Overlay District. 527
(3) Roof Decks.
Roof decks and roof deck access structures are prohibited in all residential, CMX-1, and CMX-2 zoning districts.
(4) Height Regulations.
In residential, CMX-1 and CMX-2 zoning districts, a building may neither exceed 35 ft. in height nor contain more than three stories.
(5) Minimum Lot Area.
(a) In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.1) At least seventy-five percent (75%) of lots adjacent to the lot to be divided are 1,000 sq. ft. or less;
(.2) Each of the lots created is used for one single-family attached home; and
(.3) Each of the lots created meets the minimum lot width requirement of the zoning district.
(b) In the CMX-2 district, the number of permitted dwelling units is as follows, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number:
(.1) A maximum of two dwelling units are permitted for lots less than 1,440 sq. ft. in area;
(.2) A maximum of three dwelling units are permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and a minimum of 480 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,919 sq. ft.
(6) Accessory Dwelling Units.
Accessory dwelling units shall not be permitted.
(7) Bonuses.
Lots located in any residential, CMX-1 or CMX-2 zoning district shall not be eligible for any floor area, height or dwelling unit density bonus pursuant to § 14-702 of the Code ("Floor Area, Height, and Dwelling Unit Density Bonuses").
(8) Motor Vehicle Parking Ratios.
Notwithstanding the provisions of § 14-802(3), the minimum number of required parking spaces within CMX-1 and CMX-2 zoning districts shall be one space per dwelling unit.
(1) Boundaries.
The Northeast Overlay District applies to lots located within:
(a) All divisions of the 41st Ward; divisions 1-6 , 12, 15, 20, 23 and 25 of the 45th Ward; divisions 7-22 of the 54th Ward; all divisions of the 55th Ward; all divisions of the 57th Ward; divisions 17, 21-22, and 24-26 of the 62nd Ward; all divisions of the 64th Ward; and all divisions of the 65th Ward, as shown for illustrative purposes only on the following Map A;
(b) All divisions of the 56th Ward, 58th Ward, 63rd Ward, and 66th Ward, as shown for illustrative purposes only on the following Map B.
Map A
Map B
{For printable PDF version of image, click HERE}
{For printable PDF version of image, click HERE}
(2) Use Regulations.
(a) Medical Dental and Health Practitioner (Solo Practitioner and Group Practitioner) uses are prohibited in CMX-1, CMX-2, CMX-2.5, CMX-3, CMX-4, CMX-5, CA-1, CA-2, IRMX, ICMX, I-1, and I-2 districts.
(b) Equipment and materials storage yards and buildings uses are prohibited on lots zoned I-1.
(.1) In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.a) At least seventy-five percent (75%) of lots adjacent to the lot to be divided is 1,000 sq. ft. or less;
(.b) Each of the lots created is used for one single-family attached home; and
(.c) Each of the lots created meets the minimum lot width requirement of the zoning district.
(.2) In the CMX-2 district, the number of permitted dwelling units is as follows, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number:
(.a) A maximum of two dwelling units are permitted for lots less than 1,440 sq. ft. in area;
(.b) A maximum of three dwelling units are permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and a minimum of 480 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,919 sq. ft.
(d) Accessory dwelling units shall not be permitted.
(3) Dimensional Standards.
On lots zoned I-1:
(a) The maximum occupied area shall be seventy-five percent (75%) of the lot.
(b) The maximum floor area ratio shall be two hundred twenty-five percent (225%) of the lot area.
(c) The minimum requirements for front yards, side yards, and rear yards shall be the largest of those required for abutting residential districts or the following requirements, whichever is greater:
(.1) The minimum front yard depth shall be 50 ft. if abutting a residential or SP-PO district, otherwise the minimum front yard depth shall be 20 ft.
(.2) Two side yards shall be provided with a minimum width of 50 ft. each if abutting a residential or SP-PO district, otherwise the minimum width of each side yard shall be 12 ft.
(.3) The minimum rear yard depth shall be 50 ft. if abutting a residential or SP-PO district, otherwise the minimum rear yard depth shall be at least 12 ft.
(1) Boundaries.
The West Overlay District applies to lots located within the following subareas set forth below:
(a) Subarea A.
The area bounded by Powelton Avenue, Lancaster Avenue, 37th Street, Warren Street, 36th Street, Filbert Street and 38th Street.
(b) Subarea B.
The area bounded by 32nd Street, Market Street, 31st Street (extended), Chestnut Street, 30th Street, and Arch Street (extended), excluding all portions of the railyard currently owned by Amtrak.
(2) Subarea A.
The following standards apply to Subarea A of the West Overlay District.
(a) Use Regulations.
(.1) For properties zoned CMX-4 located in the West Overlay District, special exception approval shall not be required for portions of a parking garage that are located above ground level.
(b) Dimensional Standards.
(.1) The maximum floor area ratio for lots zoned CMX-4 located within the West Overlay District shall be seven hundred fifty percent (750%) of the area of the lot. Within this area, no floor area bonuses pursuant to § 14-702 shall be available. Notwithstanding the provisions of § 14-202(4)(a)(.9), within this area, floor area attributable to parking in above ground public and private parking garages shall not be included in the allowable gross floor area calculation of such facilities.
(.2) The maximum height for lots zoned CMX-4 and located within the West Overlay District shall be as follows:
(.a) Drawing an imaginary line from the west end of Warren Street (at the proposed extension of 37th Street) along the center of the bed of the former Warren Street to 38th Street, the maximum building height to the north of that line shall be no higher than 65 ft. for a distance of 10 ft. from and parallel to Powelton Avenue and Lancaster Avenue and thereafter, no higher than 75 ft. for the remaining portion of the area bounded by 38th Street, Powelton Avenue, Lancaster Avenue, 37th Street (and the proposed extension of 37th Street) and the bed of the former Warren Street;
(.b) For lots with frontage on the south side of Warren Street between 36th Street and 37th Street, the maximum building height shall be 65 ft. for the first 50 ft. of depth on a line measured parallel to Warren Street.
(.3) Notwithstanding the provisions of §§ 14-203(169) and 14-203(178) of this Title 14 of The Philadelphia Code, provided that all of the parcels within Subarea A are subjected to a zoning lot declaration agreement, recorded against such parcels in the Philadelphia Department of Records, wherein the legal owners of such parcels agree to treat all of such parcels as a single "Lot" for purposes of this Title 14 of The Philadelphia Code, then the Commission, the Department of Licenses and Inspections, and the Department of Planning and Development shall all treat such parcels as a single "Lot" for purposes of this Title 14 of The Philadelphia Code irrespective of the eventual construction and public dedication of North 37th Street, Warren Street and/or Cuthbert Street within or through Subarea A; provided, however, that (i) the beds of such streets (as detailed on the City Plan) within Subarea A shall not contribute to the calculation of permissible gross floor area for such "Lot"; and (ii) such treatment as a single "Lot" for purposes of this Title 14 of The Philadelphia Code shall not (and cannot) be terminated without the prior approval of the Department of Planning and Development. 537
(3) Subarea B.
The following standards apply to Subarea B of the West Overlay District.
(.1) Specifically, the purpose of this development area is to promote, encourage and increase the following: 1) public spaces that will attract pedestrian traffic; 2) sustainable development; 3) retail space for an upwards of 100,000 sq. ft.; and 4) support of public transit.
(.2) SYDA Public Amenities.
SYDA seeks the creation of the following specific amenities in the public interest in exchange for the increase in density for this development area. They include:
(.a) Public Space - The Schuylkill Yards Development Plan provides for four (4) public space areas which include a public park and 3 public areas under the highline rail, as marked on the Development Plan.
(.b) Sustainable Development - All newly constructed buildings will be LEED certified or its equivalent. Green Roofs will be added as both a design and sustainable element to enhance buildings within SYDA.
(.c) Below Grade Parking - Below grade parking will be provided for use within the SYDA.
(.d) Transit Improvements - In promoting this development area financial commitments towards transit improvements are necessary. SYDA shall have contributed to the improvements of the 30th Street substation.
(.e) Retail Space - SYDA shall have an upwards of 100,000 sq. ft. of retail space within this Subarea.
(.3) Notwithstanding the provisions with § 14-904, total signage area for each structure shall be 2,500 sq. ft. and shall include accessory digital display, wall, projecting, marquee and window signs, without limitation.
(b) Use Regulations.
(.1) For lots zoned CMX-5, special exception approval shall not be required for portions of a parking garage that are located above ground level.
(.2) Any portion of the ground floor facade of a parking garage that abuts a sidewalk or a public space along 30th Street, 31st Street north of Market Street, 32nd Street, Chestnut Street, John F. Kennedy Boulevard, or Market Street must be occupied by an office, retail sales, commercial services, or public, civic, and institutional use; except that regulated uses, as set forth in § 14-603(13) (Regulated Uses), shall be prohibited. This requirement applies only along these designated street frontages and does not apply to areas occupied by entrances, exits, or waiting areas.
(.3) For all lots zoned CMX-5, the following provisions will apply:
(.a) The maximum floor area ratio is increased to one thousand six hundred percent (1,600%) of the lot area.
(.b) The provisions for additional floor area as stated in § 14-702(4)(e) shall apply.
(c) Parking and Loading.
(.1) The limitation set forth in § 14-802(9)(a), relating to maximum distance of off-site accessory parking, shall not apply.
(.2) For properties zoned CMX-5, loading requirements under § 14-806 (Off-Street Loading) may be modified or waived upon a determination by the Streets Department and the Commission that compliance with the existing requirements is impractical. The applicant shall provide the Streets Department and the Commission with any requested documentation of those constraints that would preclude the provision of loading as required by § 14-806 (Off-Street Loading) before the approval of any modification or waiver.
(d) Signs.
(.1) Notwithstanding the provisions of § 14-904 (Accessory Sign Controls), for lots zoned CMX-5 located in the area bounded by 30th Street, Market Street, 31st Street (extended), and John F. Kennedy Boulevard, accessory digital display wall, projecting, and marquee signs shall be allowed, provided:
(.a) The sign face shall not extend higher than the height of the building facade to which the sign is attached.
(.b) Signs shall be located only on one facade of the building.
(.a) Vertical dimension of any digital display accessory sign shall not exceed 5 feet of active display area, and the top of the sign shall not exceed a height of 50 feet measured from average ground elevation.
(.b) The maximum area of digital display accessory signs on each applicable street frontage shall not exceed 5 square feet for each 1 linear foot of lot line street frontage.
(.c) The number of digital signs shall be limited to 3 accessory wall signs.
(.d) Total digital sign street frontage shall not exceed 100 feet on the western lot line frontage, and 150 feet on the southern lot line frontage.
(.e) Hours of display are limited to 6:00 a.m. and 12:00 a.m.
(.f) Primary illumination of the digital display accessory signs shall be internal and shall use ambient light sensors to automatically reduce the intensity of the illumination during periods of darkness.
(.g) Accessory digital display signs shall be made available to display time, date, temperature, weather, and similar information; and public service announcements, and messages as the National Amber Alert System.
(.1) Purpose.
The optional Unified Development Plan process is intended to encourage the development of multiple lots in a single plan to promote sound economic development, enhance economic vitality, and support diverse walkable neighborhoods.
(.2) Applicability.
(.a) The regulations of this subsection (e) apply to any area subject to a Unified Development Plan. A Unified Development Plan shall meet the criteria set forth in subsection (.3), below, complete the reviews and approvals set forth in subsection (.4), below, and shall be subject to the area regulations of subsection (.5), below.
(.b) Notwithstanding the provisions of this subsection (e) all rights of appeal under § 14-303(15)(a) (Appeals to Zoning Board of Adjustment) from any decision of L&I, including, without limitation the issuance of any zoning permit under § 14-303(6) (Zoning Permits), shall be preserved.
(.c) Should the regulations of this subsection (e) conflict with any other provision of the zoning code, the requirements of this subsection (e) shall control.
(.3) Criteria.
A Unified Development Plan shall meet all of the criteria in this subsection (.3) in order to be subject to the regulations in subsection (.5).
(.a) Plan Area and Boundaries.
The area subject to the Unified Development Plan shall contain at least 10 acres of land area and be located entirely within Subarea B of the /WST Overlay.
(.b) Ownership of Lots.
Each of the lots within the area subject to the Unified Development Plan shall be held in common ownership, subject to an agreement providing equitable title, or subject to a written legal agreement between the record owners if the respective lot or lots are not in common ownership. Any such written legal agreement shall be included with the Unified Development Plan.
(.c) Base Zoning.
The base zoning of all the lots within the area subject to the Unified Development Plan shall be CMX-5.
(.d) Uses.
At least thirty percent (30%) of the length of the ground floor of the total building street frontage of any building must be occupied by an office, retail sales, commercial services, or public, civic, and institutional use; except that regulated uses, as set forth in § 14-603(13) (Regulated Uses), shall be prohibited from the ground floor of the building frontage.
(.e) Public Space.
At least twenty-one percent (21%) of the total area subject to the Unified Development Plan, exclusive of streets, shall be a public open space, public park, or public plaza and shall be identified on the Unified Development Plan.
(.f) Parking.
No new parking lots shall be constructed and no existing parking lot shall be expanded within the area subject to the Unified Development Plan.
(.4) Review and Approvals.
A Unified Development Plan shall complete all of the reviews and approvals of this subsection (.4) to be subject to the regulations in subsection (.5).
(.a) A Unified Development Plan shall not become effective until the Unified Development Plan completes the same procedure as required for master plan districts as provided in § 14-304(3)(e)(.1).
(.b) Any amendment to a Unified Development Plan shall follow the same procedure as required for amendments to master plan districts as provided in § 14-304(4).
(.c) L&I shall not issue a zoning permit in the area subject to the Unified Development Plan until the Commission reviews the application and accompanying plans and determines the proposed development is consistent with the approved Unified Development Plan.
(.d) No zoning permit shall be issued for any development that would exceed:
(i) Fifty percent (50%) of the cumulative total gross floor area allowed within the area subject Unified Development Plan, until fifty percent (50%) of the required public space has completed construction; and
(ii) Seventy percent (70%) of the cumulative total gross floor area allowed within the area subject Unified Development Plan, until all public space required under § 14-516(3)(d)(.3)(.e) has completed construction.
(.5) Area Regulations.
A Unified Development Plan that satisfies the requirements of subsections (.3) and (.4), above, shall entitle lots in the area subject to the Unified Development Plan to the following regulations.
(.a) Gross Floor Area.
The maximum gross floor area of all buildings within the area subject to the Unified Development Plan shall not exceed two thousand one hundred percent (2,100%) of the total area subject to the Unified Development Plan, exclusive of streets.
(.b) Occupied Area.
Not more than seventy-nine percent (79%) of the area subject to the Unified Development Plan, exclusive of streets, may be occupied by buildings.
(.c) Yards.
No front, side, or rear yards are required in the area subject to the Unified Development Plan.
(.d) Height and Massing Regulations.
Regulated Height Interval (ft. above sidewalk) | Allowed Blockage of Sky Plane |
>1145 | 0% |
570 - 1145 | 75% |
285 - 570 | 85% |
125 - 285 | 90% |
<126 | 100% |
(.e) Parking.
Accessory parking shall not be required for research and development uses.
(.f) Bicycle Parking.
Notwithstanding the location of bicycle parking space provisions set forth in § 14-804(2)(c) or the type of bicycle parking spaces provisions set forth in Table 14-804-1, all required bicycle parking spaces shall be located within a 500 ft. radius of the primary building entrance and may include Class 1A, Class 1B or outdoor spaces regardless of use.
(.g) Loading.
Buildings shall meet the off-street loading requirements of § 14-806(2) (RMX-3, CMX-4, and CMX-5 Districts), except the number of loading spaces provided shall be in accordance with the following:
(i) For a building with less than 750,000 sq. ft. of gross floor area, at least two off-street loading spaces shall be provided.
(ii) For a building with 750,000 sq. ft. or more of gross floor area, at least three loading spaces shall be provided.
(.h) Signs.
Accessory signs within the area subject to the Unified Development Plan shall comply with the provisions set forth in § 14-904 (Accessory Sign Controls), except as follows:
(i) The maximum sign area for each lot shall be three sq. ft. for each linear foot of building frontage, and shall include wall, projecting, marquee, and window signs, without limitations to the provisions within § 14-904 (Accessory Sign Controls).
(A) The maximum roof sign area shall be 4,500 sq. ft.;
(B) Animated illumination shall be prohibited;
(C) The maximum sign height shall be 20 ft.; and
(D) The sign is approved by the Art Commission.
(iii) Building identification signs shall be permitted in accordance with § 14-904(3) (Building Identification Signs in CMX-4, CMX-5, IRMX, ICMX, and I-1 Districts), except that one building within the area subject to the Unified Development Plan shall be exempt from the height requirements of § 14-904(3)(b). 541
(iv) Distance limitations on sign location shall not apply.
(1) Purpose.
(a) /UED, Urban Experiential Display Overlay Control districts are intended to encourage the orderly development, placement, and usage of two and three-dimensional digital accessory, non-accessory and public service displays, including placement on individual lots, and to preserve the integrity of commercial areas and abate or reduce any detrimental impacts to residential areas and uses.
(2) Applicability.
(a) The /UED, Urban Experiential Display Overlay Control District, shall consist of the area bounded by Arch Street, Broad Street (including east side only), Race Street, Juniper Street (extended), Arch Street, 12th Street, Chestnut Street, Juniper Street, Spruce Street, Broad Street (including east side only), South Penn Square (including north side only), 15th Street (including east side only) and Arch Street, including both sides of all included and bordering streets, unless otherwise specified.
(b) Notwithstanding any other provision of this Code, to the extent any provision of this § 14-517 ("/UED, Urban Experiential Display Overlay Control District") conflicts with any other provision of this Code, the provision of this section shall control.
(c) Urban Experiential Displays are permitted only within Permitted Areas set forth in § 14-517(2)(e). Boundaries of Permitted Areas should be so designated to afford a reasonable line of division between the Permitted Area and adjacent uses consistent with carrying out the purposes and scope of the Zoning Code.
(d) Urban Experiential Displays are only permitted in the base Zoning Districts of CMX-4 and CMX-5 Commercial Zoning Districts.
(e) Permitted Areas.
Within the /UED Overlay Control District, Urban Experiential Displays are only permitted in the following specific Permitted Areas:
(.1) Convention Center Area: On the east side of North Broad Street, between Arch Street and Race Street.
(.2) Reading Terminal Area: North 12th Street, between Arch Street and Filbert Street.
(3) Sign Regulations.
(a) Urban Experiential Displays are defined at § 14-203(345.1).
(b) The following provisions of this Title shall not apply to Urban Experiential Displays within the Urban Experiential Display Overlay Control District:
(.1) Chapter 14-900 (Signs).
(.2) Any provision that restricts or otherwise regulates accessory or non-accessory signs.
(c) Urban Experiential Displays are considered a use and a structure; and are permitted on a lot in addition to any other permitted principal or accessory uses and structures; provided, however, that no more than one UED is permitted on a single lot. No UED may be placed on a vacant lot or on a lot containing as its principal use a surface parking lot.
(d) Gross Floor Area.
The spatial area of an Urban Experiential Display shall not be included when calculating gross floor area.
(e) Lot Coverage.
The spatial area of an Urban Experiential Display shall not be included when calculating lot coverage.
(f) Yards.
Front, side, and rear yard setbacks shall not apply to Urban Experiential Displays.
(g) Separation Requirements.
(.1) No Urban Experiential Display shall be located within 900 ft. of another Urban Experiential Display.
(.2) Spacing between sign structures shall be measured as a straight-line distance between the edges of each sign face closest to each other.
(h) Height.
An Urban Experiential Display shall not exceed a height of 58 ft. to the top of the Display, if attached to an existing structure; or 45 ft., if freestanding. Height shall be measured from the average ground level where the Display is located. The bottom edge of any UED that is attached to an existing structure shall not be situated less than 15 ft. above the average ground level where the Display is located.
(i) Projections and Encroachments.
(.1) Urban Experiential Displays are permitted to project over, or encroach upon, a city sidewalk or right-of-way. Such projections and encroachments must be reviewed and approved by the Streets Department.
(.2) This section does not eliminate the need for an ordinance by City Council that is otherwise required to authorize a projection or encroachment where applicable.
(.3) No UED shall obstruct, in whole or in part, any windows on any structure located on the same lot at the time of the UED's construction.
(j) Distance Requirements.
No Urban Experiential Display shall be located within the following:
(.1) 500 ft. of the Benjamin Franklin Parkway, the Vine Street Expressway, Route 76, Route I-95.
(.2) 500 ft. of any Residential or SP-PO Zoning District.
(k) Size Requirements.
An Urban Experiential Display shall have a minimum video display area of 1,500 sq. ft., and shall be limited to a maximum video display area of 2,500 sq. ft. for free standing UEDs, and 3,500 sq. ft. for UEDs attached to another structure.
(l) Urban Experiential Displays are permitted to be internally or externally illuminated (subject to subsection (p)(.2), below); have digital display; have video display or projections; contain scrolling, continuous, intermittent, flashing, illuminated, animated, video or audio streaming messages, displays, colors, figures and the like; have live video and audio feed; have changeable copy, messages and display; have interactive display video and audio; or be mechanically revolving, or moving horizontally or vertically, or have the appearance of such. Audio shall not be audible without the aid of an assistive listening device such as a smartphone.
(m) (.1) An Urban Experiential Display may be operated between the hours of 6:00 a.m. and 12:00 a.m. or at other time periods approved by the City Planning Commission.
(.2) Primary illumination of the Urban Experiential Display shall be internal and shall use ambient light sensors to automatically reduce the intensity of the illumination during periods of darkness.
(n) Illuminance Requirements.
(.1) UEDs at all times shall operate at a level that does not exceed 0.3 (fc) foot-candles of light above the ambient light levels.
(.2) The measurement of Illuminance shall be conducted by either a professional lighting consultant or an employee of The City of Philadelphia Department of Licenses and Inspections, hereinafter referred to as (Lighting Inspector) as measured using a properly calibrated low-level foot-candle metering device with two decimal place capability, hereinafter referred to as (Illuminance Meter) at a height of five ft. above the grade at a preset distance depending on the area of the UED. The distance away from the UED, hereinafter defined as the (Illuminance Measurement Distance), shall be calculated as follows:
Directional UED Area is defined as the surface area of a UED that is primarily visible from one direction. When a measurement from the required distance is obstructed by private property, a building, or other permanent structure, the measurement shall be taken from the furthest possible perpendicular extent.
(.3) In order to determine the Ambient Light Level the Lighting Inspector shall have two methodologies in order to determine the Ambient Light Level. The methodology of choice is at the sole discretion of the Lighting Inspector.
(.a) UED Inactive - The Lighting Inspector upon twenty four (24) hour notice to the UED operator can require the UED operator to extinguish the UED, defined as ceasing to display any visual communication from the UED, for one hour. With the UED extinguished the Lighting Inspector shall position the Illuminance Meter at an elevation of 5 ft. above the grade at the Illuminance Measurement Distance. Immediately following the Ambient Light Level reading the UED should be made operational so that the Lighting Inspector can take the Illuminance Measurement of the UED in order to determine compliance.
(.b) UED Active - The Lighting Inspector shall aim the Illuminance Meter toward the UED but place an opaque black sheet of material that is of an appropriate sign to obstruct the light from the UED. A material size of 12 in. high by 40 in. is recommended but subject to the discretion of the Lighting Inspector. The material should be a distance of 10 ft. away from the Lighting Inspector in between the UED and the Lighting Inspector. Please see Diagram A below.
Diagram A: Measuring Ambient Light Level
{For printable PDF version of image, click HERE}
(.4) In order to determine the UED Illuminance level the Lighting Inspector shall position the Illuminance Meter at the Measurement Distance. The Lighting Inspector shall be positioned at an angle to the display of not greater than seven (7) degrees from perpendicular to the Directional UED Area. The Lighting Inspector shall aim the Illuminance Meter towards the UED.
(.5) The Illuminance of a UED shall be considered compliant with the Illuminance requirements of this subsection if the difference between the ambient light measurement and the operating UED light measurement is 0.3 foot-candle or less.
(o) Luminance Requirements.
(.1) UEDs shall operate at a maximum of seventy five hundred (7500) nits during day time hours (dawn to dusk) and shall operate at a maximum of five hundred (500) nits during night time hours (dusk to dawn).
(.2) The measurement of Luminance shall be conducted by either a professional consultant or an employee of The City of Philadelphia Department of Licenses and Inspections, hereinafter referred to as (Lighting Inspector), as measured using a properly calibrated Luminance Meter set to measure candela per meter squared.
(.3) If measuring during day time hours (dawn to dusk), the Lighting Inspector shall conduct the measurement within a time frame of at least thirty (30) minutes after dawn and thirty (30) minutes before dusk. If measuring during night time hours (dusk to dawn), the Lighting Inspector shall conduct the measurement within a time frame of at least sixty (60) minutes after dusk but sixty (60) minutes before dawn.
(.4) The Lighting Inspector shall be positioned completely perpendicular to the surface area of the UED, defined as being located at a ninety (90) degree angle to the UED both horizontally and vertically at a distance not less than 50 ft. away from the UED and not more than 250 ft. away from the UED. Each Luminance Meter comes with a measurement area represented by two circles, a larger field of view circle and a smaller target area circle inside the view finder. The Lighting Inspector shall position the target area circle so it falls entirely within the brightest copy area of the UED that is being measured, as outlined in Diagram B below. The Lighting Inspector shall take the measurement by pulling the Luminance Meter trigger.
{For printable PDF version of image, click HERE}
(.5) In the event that the Light Inspector cannot physically position themselves perpendicular to the UED and at a distance of 250 ft. given the constraints of the built environment then the Illuminance Requirements in section (n) above shall exclusively control.
(p) The operator of an Urban Experiential Display shall not permit communication copy on the UED that utilizes a background color, defined as the color of the communication copy behind the graphics, images, and logos occupying more than fifty percent (50%) of the sign face, that is white.
(q) Each Urban Experiential Display shall be formatted and programmed to provide the following categories of communication:
(.1) City of Philadelphia communication at a minimum of eight percent (8%) of the operational hours.
(.2) Content provided by and promoting non-profit organizations at a minimum of eight percent (8%) of the operational hours.
(.3) Originally created content at a minimum of eleven percent (11%) of the operational hours. Originally Created Content shall not include any commercial messaging. Originally Created Content is defined as time sensitive information and infotainment that is relevant to the public that lives, works, and visits the City. Originally Created Content shall be updated at a minimum of once every seventy-two hours. No piece of Originally Created Content shall appear on a UED on more than one day out of every thirty days. Examples of Originally Created Content may include, but need not be limited to, the following:
(.a) local, regional, and national news;
(.b) local, regional, and national weather;
(.c) local, regional, and national financial information;
(.d) entertainment information such as television, movie, theatrical, and book reviews;
(.e) food and restaurant information including reviews, cooking tips, and recipes;
(.f) technology advancements and reviews;
(.g) travel destination information and destination compilations, e.g., top beach destinations;
(.h) local and regional job information including employment opportunities in the Philadelphia Region.
(.4) National Amber Alert System displays and messages as the National Amber Alert System provides such alerts that are applicable to the location of each UED. 543
(.5) The percentages set forth in subsections (.1), (.2) and (.3), above, shall apply on a per-hour basis. 544
(r) Each UED shall be designed and constructed utilizing a minimum of three types of Visual Communication Technology. Visual Communication Technology shall mean any type of lighting element that, when operational, is able to communicate a visual message. Visual Communication Technology may include but need not be limited to the following types:
(.1) Dual In-Line Packaged LED
(.2) Surface Mount Diode LED
(.3) Chip On Board LED
(.4) Fiber Optic LED
(.5) Internally Illuminated Lexan
(.6) Intense Pulsed Light Technology
(.7) Outdoor Projection Technology
(.8) Outdoor Projection Video-Mapping Technology
(.9) Holographic Technology
(.10) 3D Holographic Technology.
(s) Each UED operator shall be required to invest a minimum of two million dollars ($2,000,000) into the physical construction of each UED (Minimum Investment). This Minimum Investment shall not include items not part of the physical construction such as design, concept, and engineering costs.
(4) Use Regulations.
Regulated uses (as defined in § 14-603(13) (Regulated Uses)) are not permitted in the District unless otherwise expressly stated.
(5) Approval Process.
No zoning permits for Urban Experiential Displays shall be issued unless the applicant shall have first submitted to the City Planning Commission, and the City Planning Commission, after receipt of a recommendation from the Civic Design Review Committee, shall have:
(a) Submitted to the Art Commission a recommendation regarding the proposed design and placement of the UED. The City Planning Commission's recommendation shall reflect the Commission's judgment as to whether the particular proposal is appropriate in its scale, density, and character for the surrounding community.
(b) Approved an executed agreement between the Applicant and a governmental entity (e.g., the Philadelphia Authority for Industrial Development), which agreement provides for a financial contribution by the Applicant to the governmental entity in the amount of at least one hundred twenty-five thousand dollars ($125,000) per UED per annum in the Base Year, which shall increase in amount not less than four percent (4%) per annum, for so long as the UED remains in operation. The governmental entity may charge the Applicant such reasonable initial and annual administrative fees as may be necessary to administer this subsection (b). The Base Year shall be calendar year 2015. Compliance by the Applicant with the agreement shall be a continuing condition of maintaining the UED at the permitted location. The agreement shall provide to the Commission's satisfaction that:
(.1) The money is to be used exclusively to fund grants to community organizations to be used by such organizations exclusively for public improvements in the vicinity of the UED and for reasonable operating and maintenance expenses associated with such public improvements.
(.2) The grant agreements between the government entity and the community organizations shall provide for financial auditing and any other oversight of the use of the grant funds deemed necessary by the City and the government entity.
(6) Art Commission.
No UED may be erected or maintained unless approved by the Art Commission.
(7) Department of Licenses and Inspections.
(a) The Department of Licenses and Inspections (L&I) shall state on the City's website the application materials required by L&I to review a UED application for compliance with this Zoning Code. If upon review of an application, L&I determines that the application does not contain all of the required materials, L&I shall inform the applicant of the additional materials necessary to demonstrate compliance with this Zoning Code.
(b) Pursuant to § 14-103(3)(h), L&I is authorized to promulgate such regulations as are necessary and appropriate to implement this section or to produce any administrative manual or any other advisory publication necessary to implement the review and approval of a Zoning Permit Application for a UED.
(8) Pennsylvania Department of Transportation.
No UED may be erected or maintained unless the applicant first files with the Department either:
(a) A ruling from the Pennsylvania Department of Transportation stating that the erection and maintenance of the proposed UED is approved; or
(b) Only in the event the Department of Transportation concludes that it does not have jurisdiction over the proposed location or that it does not have jurisdiction over the erection and maintenance of UEDs, a ruling from the Department of Streets that the design and placement of the UED does not pose an unreasonable hazard for vehicle or pedestrian safety. The Department of Streets may require the submission of a traffic safety study and, to the extent necessary, a mitigation plan, to facilitate the Department's review.
(9) Removal or abandonment of a UED.
(a) A UED that is not in operation for a period of more than 180 days shall be considered abandoned and shall be removed by the owner or operator at the owner or operator's expense.
(b) Prior to issuance of a building permit, the owner or operator shall agree to indemnify the City and to post a bond, in amounts satisfactory to the Department and in form satisfactory to the Law Department, to cover the cost of removal in the event the owner or operator fails to comply with subsection (a), above, or in the event the UED becomes unsafe, a public nuisance or otherwise not in compliance with this Code, or to cover any other costs the City may incur as a result of the installation or maintenance of the UED.
(c) Nothing in this subsection (9) is intended to limit any enforcement authority of the Department against either the owner or operator of the UED or the owner of the premises on which the UED is situated.
(1) Boundaries.
The /WWA, West Washington Avenue Overlay District shall apply to the area bounded by Broad Street, Carpenter Street, 19th Street, Kimball Street, 23rd Street, Carpenter Street, 24th Street, Kimball Street, 25th Street, Ellsworth Street, 24th Street, Alter Street, 19th Street, Ellsworth Street, 18th Street, Alter Street, 17th Street, Ellsworth Street, 16th Street, Alter Street, 15th Street, and Ellsworth Street.
(2) Use Regulations.
The following uses are prohibited in addition to those prohibited by the base zoning district within the /WWA Overlay District:
(a) Detention and Correctional Facilities;
(b) Re-Entry Facility;
(c) Adult-Oriented Service;
(d) Personal Credit Establishment;
(e) Non-Accessory Parking;
(f) All uses in the Vehicle and Vehicular Equipment Sales and Services Use Category (see § 14-601(8));
(g) Moving and Storage Facilities;
(h) Junk and Salvage Yards and Buildings; and
(i) Trucking and Transportation Terminal.
(1) Purpose.
The East Callowhill Overlay District is intended to help guide appropriate economic development, support walkable neighborhoods, and promote environmentally sustainable practices.
(2) District Boundaries.
The East Callowhill Overlay District shall consist of all lots in the area bounded by 2nd Street, Spring Garden Street, 9th Street, and Callowhill Street as shown on the following map for illustrative purposes only:
{For printable PDF version of image, click HERE}
(3) Uses.
On lots with frontage along Spring Garden Street, at least seventy-five percent (75%) of the length of ground floor frontage along Spring Garden Street must be occupied by an office, retail sales, commercial services, or public, civic, and institutional use; except that regulated uses, as set forth in § 14-603(13) (Regulated Uses), shall be prohibited from the ground floor frontage.
(4) Building Height.
(a) The minimum building height shall be 25 ft.
(.1) 65 ft. for all lots in the area bounded by 2nd Street, Spring Garden Street, 9th Street, Callowhill Street, 7th Street, Willow Street, American Street, and Noble Street; and 551
(.2) 100 ft. for all lots in the area bounded by 2nd Street, Noble Street, American Street, Willow Street, 7th Street, and Callowhill Street. 552
(5) Parking and Loading.
(a) No more than one curb cut may be permitted along each street frontage of a property; provided, however, that:
(.1) A second curb cut may be permitted if either (A) there is a minimum of 200 linear ft. between each curb cut; or (B) one of the curb cuts will be used to create a through-block connection that meets the requirements of § 14-702(15) (Through-Block Connection).
(.2) Curb cuts are prohibited along Spring Garden Street.
(b) Off-street surface parking and loading: 553
(.1) Shall not be located between the building line and the street line along 2nd Street, 3rd Street, 4th Street, 5th Street, 6th Street, 7th Street, 8th Street, 9th Street, Callowhill Street, and Spring Garden Street; and 554
(.2) Shall not exceed the greater of:
(.a) Twenty-five percent (25%) the total lot area; or
(.b) The minimum area required to meet the parking and loading standards of the Zoning Code.
(c) Drive-throughs are prohibited.
(d) Required accessory parking in an aboveground structure shall be excluded from the calculation of gross floor area; any parking provided in addition to the required accessory parking shall count towards the calculation of gross floor area.
(6) Open Area.
For lots that include the former right of way of Noble Street, the former right of way shall be utilized as open area. If this open area would exceed the minimum open area requirements of the zoning district, the open area required shall be the maximum contiguous portion of the former right of way, extending lot line to lot line, that meets the minimum open area requirements of the zoning district.
(7) Form and Design.
Facade articulation is required for each building facade that is greater than 50 ft. wide and faces directly onto a public street, park, or trail. Between the average ground level and a height of 25 ft., a minimum of fifty percent (50%) of the wall area must include one or more of the following features:
(a) Ornamental and structural detail;
(b) Projections, recesses, or other variations in planes; or
(c) Transparent windows or other transparent glazed area.
(1) Purpose.
(a) The buildings within this Overlay are predominantly characterized by a distinctive brick or stone facade.
(b) The Council wishes to preserve the historic character of the District and the buildings therein.
(c) New construction of buildings with visible facades covered by vinyl siding, horizontal aluminum siding, or stucco are inconsistent with the distinctive characteristics in the Overlay.
(d) Preservation of the historic brick and stone facades throughout the Overlay will maintain and enhance property values and the general attractiveness of the community.
(e) The commercial areas within this Overlay are characterized by their diversity and vibrancy.
(f) Preservation of the of commercial areas throughout the overlay will maintain and enhance property values and the general attractiveness of the community.
(2) Applicability.
(a) Area Boundaries.
(.1) Ninth District Area.
All residentially and commercially zoned lots located within District No. 9, as defined in Section 20-501 (Boundaries of Districts).
(.2) Commercial Review Area.
All commercially-zoned lots in the following areas:
(.a) Castor Avenue.
Applies to all commercially zoned properties with street frontage along both sides of Castor Avenue from Cottman Avenue to Unruh Avenue and all commercially zoned properties with street frontage on the west of Castor Avenue from Unruh Avenue to Robbins Street.
(.b) Cottman Avenue.
Applies to all commercially zoned properties with street frontage along the south side of Cottman Avenue from Hasbrook Avenue to Kindred Street.
(.c) Fifth Street.
Applies to all commercially zoned properties with street frontage along both sides of Fifth Street from Spencer Avenue to Somerville Ave.
(.d) Ogontz Avenue.
Applies to all commercially zoned properties with street frontage along both sides of Ogontz Avenue from Cheltenham Avenue to 67th Avenue.
(.e) Rising Sun Avenue.
Applies to all commercially zoned properties with street frontage along both sides of Rising Sun Avenue from Fisher Avenue to Cottman Avenue.
(.f) Stenton Avenue North.
Applies to all commercially zoned properties with street frontage along the northeastern side of Stenton Avenue from Wadsworth Avenue to Sedgewick Street.
(.g) Stenton Avenue South.
Applies to all commercially zoned properties with street frontage along the northeastern side of Stenton Avenue from Barringer Street to Tulpehocken Street.
(.h) Wadsworth Avenue.
Applies to all commercially zoned properties with street frontage along both sides of Wadsworth Avenue from Cheltenham Avenue to Michener Avenue.
(.i) Washington Lane.
Applies to all commercially zoned properties with street frontage along both sides of Washington Lane from Cheltenham Avenue to Thouron Avenue.
(3) Supplemental Use Regulations.
( a) Accessory Dwelling Units.
Accessory dwelling units shall not be permitted in the RSA-5 and CMX-1 zoning districts, except within buildings or structures that meet the conditions of § 14-604(11)(d)(.1) (Historic Structures).
(b) Commercial Review Areas.
Notwithstanding the principal uses allowed within Commercial Review Areas, the following uses shall require a Special Exception:
(.1) Convenience Sales.
(.2) Vehicle and Vehicular Equipment Sales and Services.
(.3) Event Assembly Facility.
(4) Development Standards.
(a) Minimum Lot Area.
In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.1) At least seventy-five percent (75%) of lots adjacent to the lot to be divided is 1,000 sq. ft. or less;
(.2) Each of the lots created is used for one single-family attached home; and
(.3) Each of the lots created meets the minimum lot width requirement of the zoning district.
(5) Parking.
Reserved.
(6) Signs.
Reserved.
(7) Design Standards.
(a) Materials.
For new construction, the following materials shall not be used on more than fifty percent (50%) of the facade on any building frontage:
(.1) Vinyl siding.
(.2) Horizontal aluminum siding.
(.3) Stucco.
(1) Purpose.
/STM, St. Mary's Master Plan Overlay district is intended to make minor technical changes to the zoning provisions for properties in this area that are subject to an approved Master Plan.
(2) Applicability.
The provisions of this overlay only apply to properties with an approved Master Plan in the area bounded by Silverwood Street, Gay Street, Baker Street, and Carson Street.
(3) Drive Aisle Dimensions.
Notwithstanding the provisions in § 14-803(2)(b), Parking Space and Drive Aisle Dimensions, the minimum aisle width for two-way traffic for a Regular Space – Parallel, Regular Space – 90 degrees, and Compact Parking Spaces shall be 20 ft.
(1) Applicability.
The /WAH, Warrington Affordable Housing Overlay District shall apply to lots with more than 50,000 sq. ft. of land area, in the area bounded by Warrington Avenue, 50th Street, Springfield Avenue, and a Railroad Right-of-Way.
(2) Accessory Parking.
Accessory Parking lots shall be permitted.
(3) Landscaping.
(a) The provisions of § 14-803(5) (Parking Landscape and Screening) shall not apply to eligible properties within the /WAH Overlay District where the proposed development has an Occupied Area of thirty-five percent (35%) of the lot, or less.
(b) The following landscaping regulations for parking lots shall apply:
(.1) Where there is no structure located between a parking lot and a street frontage, the applicant shall provide a minimum 5-foot wide buffer. Such buffer shall consist of at least one shade tree per 20 linear feet and four shrubs per 20 linear feet and may include a fence up to six (6) feet in height.
(.2) Interior parking lots shall provide a landscaped area calculated as a minimum of five percent (5%) of the total area of all parking spaces and driveways that provide access to parking spaces and drive aisles.
(4) Vehicle Access Points.
Properties within the /WAH Overlay District, shall be permitted up to two, twenty-four (24) feet curb cuts on a single street frontage, on one street abutting the lot.
(5) Expiration.
The provisions of this § 14-522 (/WAH, Warrington Affordable Housing Overlay District) shall expire two years after becoming law.
(1) Purpose.
The /IMA, Industrial and Manufacturing Area Overlay district is intended to maintain and preserve an adequate supply of industrial land by protecting industrial areas from conversion to non-industrial related uses and encouraging industrial development.
(2) Applicability.
The requirements of /IMA, Industrial and Manufacturing Area Overlay district apply to all properties zoned I-1, I-2, or I-3, within the following areas:
(.1) Subarea A.
The area bounded by the Delaware Expressway, Devereaux Street (extended), Keystone Street, Comly Street, the Delaware Expressway, Van Kirk Street, Keystone Street, Cheltenham Avenue, Hegerman Street, Tulip Street, Harbison Avenue, Bridge Street, Eadom Street, Fraley Street, the Delaware Expressway, Bridge Street, Garden Street, Reynolds Street, Bath Street (extended), Hedley Street, Richmond Street, the Frankford Creek, Delaware Avenue, Venango Street, Edgemont Street, Schiller Street, Salmon Street, Schiller Street, Richmond Street, Ontario Street, the Delaware Expressway, Westmorland Street, Bath Street, Allegheny Avenue (extended), the Delaware River, the Tacony Palmyra Bridge, and Levick Street as shown on the following map for illustrative purposes only.
{For printable PDF version of image, click HERE}
(.2) Subarea B.
The area bounded by Tulip Street, Decatur Street, Edmund Street, Cottman Avenue (extended), the Delaware River, Pennypack Path (extended), the Delaware Expressway, and Rhawn Street as shown on the following map for illustrative purposes only.
{For printable PDF version of image, click HERE}
(.3) Subarea C.
The area bounded by Torresdale Avenue, Pennypack Street, Hegerman Street (extended), Ashburner Street, the Delaware Expressway, and Delaware Expressway Ramp F as shown on the following map for illustrative purposes only.
{For printable PDF version of image, click HERE}
(b) Reserved.
(3) Use Regulations.
Principal uses are allowed within the /IMA, Industrial and Manufacturing Area Overlay district in accordance with the use regulations of the underlying zoning district, except as provided in this subsection.
(a) The following uses shall be prohibited:
(.1) Detention and Correctional Facilities;
(.2) Re-Entry Facilities;
(.3) Group or Solo Medical, Dental, and Health Practitioner;
(.4) Adult-Oriented Merchandise;
(.5) Drug Paraphernalia Stores;
(.6) Gun Shop;
(.7) Animal Services;
(.8) Amusement Arcade;
(.9) Pool or Billiards Room;
(.10) Financial Services;
(.11) Body Art Service;
(.12) Personal Vehicle Sales and Rental;
(.13) Junk and Salvage Yards and Buildings; and
(.14) Moving and Storage Facilities.
(b) The following uses shall require special exception approval in accordance with § 14-303(7) (Special Exception Approval).
(.1) Business and Professional;
(.2) Non-Accessory Parking;
(.3) Personal Vehicle Repair and Maintenance;
(.4) Vehicle Fueling Stations;
(.5) Vehicle Paint Finishing Shops;
(.6) General Industrial within the I-1 zoning district;
(.7) Equipment and Materials Storage Yards and Buildings; and
(.8) Commercial Vehicle Sales and Rentals.
(1) Applicability.
The Fourth District Overlay District applies to lots located within the following subareas set forth below:
(a) Fourth District Area.
All lots located within District No. 4, as defined in § 20-501 (Boundaries of Districts).
(b) Commercial Review Areas.
All commercially-zoned lots in the following areas:
(.1) Allegheny West.
The area bounded by Fox Street, 24th Street, Lehigh Avenue, Ridge Avenue, and US Route 1;
(.2) Overbrook Park.
The area bounded by City Avenue, Lansdowne Avenue, Haverford Avenue, and Cobbs Creek;
(.3) Carroll Park-Haddington-Overbrook.
The area bounded by Market Street, 54th Street, Lancaster Avenue, and 63rd Street; and
The area bounded by City Avenue, Schuylkill River, Girard Avenue, Parkside Avenue, Belmont Avenue, Girard Avenue, Lancaster Avenue, 59th Street, Upland Way, and Drexel Road.
The area bounded by Malvern Avenue, 63rd Street, Lansdowne Avenue and 68th Street.
The area bounded by 33rd Street, York Street, Ridge Avenue, Lehigh Avenue.
All lots in the SP-CIV zoning district within the area bounded by Roosevelt Boulevard, Henry Avenue, Queen Lane, and the Chestnut Hill West Railroad Right-of-Way.
The area bounded by Conshohocken Avenue, Falls Road, the Schuylkill Expressway, Greenland Drive, and Ford Road.
(2) Fourth District Area.
The following standards apply to the Fourth District Area, as defined in subsection (1) (Applicability) above:
(a) Minimum Lot Area.
In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.1) At least seventy-five percent (75%) of lots adjacent to the lot to be divided is 1,000 sq. ft. or less;
(.2) Each of the lots created is used for one single-family attached home; and
(.3) Each of the lots created meets the minimum lot width requirement of the zoning district.
(b) Accessory Dwelling Units.
Accessory dwelling units shall not be permitted in the RSA-5 and CMX-1 zoning districts, except within buildings or structures that meet the conditions of § 14-604(11)(d)(.1) (Historic Structures).
(3) Commercial Review Areas.
The following standards apply to the Commercial Review Areas, as defined in subsection (1) (Applicability) above:
(a) Principal uses are allowed within Commercial Review Areas in accordance with the use regulations of the underlying zoning district, provided that the following uses shall require a Special Exception, except where they are otherwise prohibited:
(.1) Retail Sales of Consumer Goods; 567.1
(.2) Retail Sales of Food, Beverages, and Groceries; 567.2
(.3) Sundries, Pharmaceuticals, and Convenience Sales; and
(.4) Drug Paraphernalia Sales.
(b) All uses listed in § 14-524(3)(a) shall only be granted a Special Exception if the Special Exception includes a proviso prohibiting the use from operating between 11:00 p.m. and 5:00 a.m.
(4) Roof Deck Control Area.
Roof decks and roof deck access structures shall be prohibited.
(5) Queen Lane Water Treatment Plant Area.
(a) Permitted Uses.
The use regulations of § 14-602(6) (Special Purpose Districts) shall not apply. Water Treatment Facilities and accessory uses are permitted uses within the Queen Lane Water Treatment Plant Area.
(b) Landscaping.
In addition to any other landscape requirements as may apply, landscape buffers shall be provided along street frontages that are across a street right-of-way from a Residential Single-Family Attached (RSA), Residential Single-Family Detached (RSD), or Residential Two-Family (RTA) zoning district.
(.1) Except within 260 ft. of Fox Street, the provisions of § 14-705(1)(d)(.2)(.a)(i) shall not apply in the subarea along Queen Lane. Where those provisions do not apply, the landscape buffer in the subarea along Queen Lane shall extend 75 ft. from the property line.
(.2) The on-site landscape and tree requirements of § 14-705(1) shall apply within buffers in the subarea.
(c) Lighting.
(.1) Exterior lights shall be shielded through the use of full cut-off fixtures.
(.2) The maximum height of light poles or wall-mounted lights shall be 25 ft. if located within 50 ft. of any residential district and 35 ft. in all other areas.
(d) Fencing and Walls.
(.1) No new permanent cyclone or barbed wire fencing is permitted along the exterior perimeter of any lot in this subarea.
(.2) Except within 260 ft. of Fox Street, fences within this subarea along Queen Lane shall have a minimum setback of 75 ft. from the property line.
(e) Vehicle Access.
(.1) New curb cuts are prohibited on Queen Lane and Henry Avenue.
(f) Superseding Law.
If compliance with any provision of this subsection (5) would conflict with any Federal or Commonwealth laws or regulations mandated by any governmental authorities, including but not limited to the Pennsylvania Department of Environmental Protection, the U.S. Environmental Protection Agency or the U.S. Department of Homeland Security, such provision shall not apply upon demonstration of the applicability of the superseding law.
(6) Medical Facility Control Area.
In the Medical Facility Control Area, Medical, Dental, and Health Practitioner (Group Practitioner) and Hospital uses are prohibited.
(1) Applicability.
The South Ninth Street Market Overlay District shall consist of all lots located in the area bounded by 10th Street, Catherine Street, 8th Street, and Federal Street.
(2) Vehicle Access Points.
Except where a curb cut was in existence as of January 1, 2019, vehicular ingress and egress is prohibited to and from 9th Street for any lot located within this South Ninth Street Market Overlay District.
(1) Applicability.
The American Street Overlay District shall consist of all lots located in the area bounded by Lehigh Avenue, 2nd Street, Huntingdon Street, Philip Street, Berks Street, 2nd Street, Cecil B. Moore Avenue, Philip Street, Oxford Street, Bodine Street, Montgomery Avenue, 3rd Street, Norris Street, Bodine Street, Diamond Street, 3rd Street, Dauphin Street, Bodine Street, Cumberland Street, and 3rd Street.
(2) Use Regulations.
For lots with frontage along American Street, where the proposed use includes a Multi-Family Household Living use, the following standards shall apply, in addition to those of the applicable base zoning district:
(a) All of the ground floor frontage along American Street must be occupied by a use other than residential and other than parking within the first 30 ft. of building depth, measured from the front building line; provided that:
(.1) Regulated uses, as set forth in § 14-603(13) (Regulated Uses), shall be prohibited from the ground floor frontage; and
(.2) Any portion of the ground floor intended to meet the requirements of this subsection (a) shall be designed and constructed to permit a finished ceiling height of at least 14 ft., except that this requirement shall not apply to existing structures.
(b) At least twenty percent (20%) of all dwelling units on the lot shall be provided and maintained as affordable at the Moderate Income level of affordability, as defined and regulated in § 14-702(7) (Mixed-Income Housing); the provisions of § 14-702(7)(b)(.6) (payment in lieu of providing housing) shall not be used to meet this requirement.
(c) Any development shall be subject to the requirement that no zoning permit shall be issued unless an applicant has met with Registered Community Organizations ("RCOs") whose boundaries include the applicant's property to present a Marketing and Occupancy Plan and an Economic Opportunity Plan, in accordance with subsections (.1) through (.3); has subsequently filed the Plans with either a division of the Department of Commerce responsible for monitoring participation by minority, women, and disabled-owned businesses or any other City agency designated by the Mayor; and has subsequently made available a copy of the Plans to the RCOs.
(.1) A Marketing and Occupancy Plan shall describe how the permit applicant will market and occupy affordable and market-rate units within the development.
(.2) An Economic Opportunity Plan shall include a description of all efforts to be taken to foster meaningful and representative opportunities for participation by M/W/DSBEs and an appropriately diverse workforce in connection with the project. Such description shall include certification and documentation of any and all actions taken with respect to solicitation and other activities as set forth in subsections 17-1603(1)(d)(.3)(.a) - (.c) of the Code (Economic Opportunity Plan: Contents); a statement of past practices to develop diversity at any and all levels of the organization, as described in subsection 17-1603(1)(f); and a statement of equity ownership, as described in subsection 17-1603(1)(g)(.2); provided that the requirements of Chapter 17-1600 shall not otherwise apply to this § 14-526.
(.3) The applicant must meet the applicable requirements of § 14-303(12) (Neighborhood Notice and Meetings), regardless of whether those provisions would otherwise apply. The applicant may fulfill the requirement of meeting with RCOs in this subsection (c) by presenting such Plans at the Neighborhood Meeting required under § 14-303(12).
(.4) L&I and the Commission are authorized to promulgate such regulations as are necessary and appropriate to implement the provisions of this section.
(1) Applicability.
/SMH, South Philadelphia Municipal Hub Overlay District shall apply to all lots within the RMX-2 zoning district within the area bounded by 11th Street, Reed Street, 12th Street, and Wharton Street.
(2) Use Regulations.
(a) Multi-Family Household Living is permitted, provided that lots that include a Multi-Family Household Living use shall provide on-site affordable dwelling units consistent with the requirements of § 14-702(7) (Mixed-Income Housing) necessary to earn both a floor area bonus at the Moderate Income level of affordability and a floor area bonus at the Low Income level of affordability. Dwelling units approved prior to the establishment of this South Philadelphia Municipal Hub Overlay District and square footage in non-residential uses shall be exempt from this provision and shall not be included any calculation pursuant to § 14-702(7)(b).
(b) Notwithstanding the limitations provided in Table Note § 14-602(3)(a)[4], in the RMX-2 district, a cumulative total of up to 425 sq. ft. of Office, Retail, and Commercial Services floor area is allowed per dwelling unit that is included in the approved master plan. Government Office uses shall not be included in this calculation.
(c) Visitor accommodations and limited lodging uses shall not be permitted.
(3) Dimensional Standards.
Open air parking shall not be included in the maximum occupied area measurement, provided that all structures that include a Multi-Family Household Living use must meet the conditions of § 14-702(16) (Green Roof), subsections 14-702(16)(a)(.1) through 14-702(16)(a)(.6).
(4) Eligibility for Bonuses.
(.1) All lots within the RMX-2 district that include a Multi-Family Household Living use shall meet the requirements of subsection (2), above;
(.2) The additional gross floor area earned under the bonus shall be applied as a percentage of the RMX-2 district area, rather than a percentage of the lot area; and
(.3) The bonuses shall not be earned multiple times within the RMX-2 district.
(b) No bonus shall be earned for meeting green roof requirements of subsection (3), above.
(5) Parking and Loading.
(a) Curb cuts solely intended to access parking accessory to a Safety Services use; and
(b) One curb cut that provides access both to accessory parking spaces located in a parking garage and to one or more off-street loading spaces.
(1) Applicability.
The 30th Street Overlay District shall apply to Residential House Projects on lots within the CMX-5 zoning district located within the area bounded by Chestnut Street, 30th Street, Walnut Street, and 31st Lower Level Street.
(2) Definition of a Residential Housing Project.
For the purposes of this § 14-528, a Residential Housing Project is any development located within the 30th Street Overlay District where at least twenty-five percent (25%) of gross floor area will be in residential use, which for purposes of calculating total units shall also include any dwelling units provided to satisfy the requirements of § 14-528(3)(a)(.2) or § 14-528(3)(b) below. Developments with any of the following conditions shall not be deemed to meet the definition of a Residential Housing Project:
(a) Any development in which all dwelling units are developed by an educational institution for the exclusive use and occupancy of such institution's students or other institution-affiliated persons such as resident advisors or house masters;
(b) Any development in which all dwelling units are constructed fully within an existing structure; or
(c) Any development where Personal Care Home is the principal use.
(3) Use Regulations.
The following standards shall apply to all Residential Housing Projects in addition to those of the base zoning district, as indicated in § 14-602(4):
(a) At least twenty percent (20%) of all dwelling units (rounded up, if fractional) shall be provided and maintained as affordable, as regulated in § 14-528(6) (Affordability), and must meet the following conditions:
(.1) At least ten percent (10%) of all dwelling units (rounded up, if fractional) shall be provided and maintained as affordable and located on the same site as the majority of other dwelling units included in the Residential Housing Project;
(.2) All dwelling units provided to meet the requirements of this subsection (a) must be located within 1.5 miles of the majority of dwelling units included in the Residential Housing Project;
(.3) Dwelling units provided pursuant to this subsection (a) may not be used to satisfy the requirements of subsection (b), below.
(b) For each 5,000 sq. ft. of floor area of group living provided, at least one dwelling unit shall be provided and maintained as affordable, as regulated in § 14-528(6) (Affordability), within 1.5 miles of the site where the group living use is provided. Dwelling units provided pursuant to this subsection (b) may not be used to satisfy the requirements of subsection (a), above.
(c) Provided, however, subsections (3)(a) and (3)(b) shall not apply if the owner or owners of the Residential Housing Project enters into a binding agreement with the Department of Planning and Development pursuant to which the owner or owners will agree to pay the City a payment in lieu of providing affordable housing in accordance with the following requirements:
(.1) The payment shall be calculated as one percent (1%) of Hard Construction Costs (as defined in Section 17-108) for construction of the Residential Housing Project, and paid in two installments;
(.2) The first installment payment shall be equal to a good faith estimate by the owner or owners of the Residential Housing Project of eighty percent (80%) of one percent (1%) of Hard Construction Costs for the construction of the Residential Housing Project. This first payment shall be paid prior to the issuance of a building permit. At the time of the payment, the owner or owners of the Residential Housing Project shall sign a declaration of the good faith estimate of the Hard Construction Costs for the construction of the Residential Housing Project and provide a construction budget to support the calculation of the good faith estimate of Hard Construction Costs;
(.3) The second installment shall be paid prior to the issuance of a certificate of occupancy for the Residential Housing Project, and shall be equal to the difference between the first payment and one percent (1%) of the actual Hard Construction Costs incurred for the construction of the Residential Housing Project. At the time of the payment, the owner or owners of the Residential Housing Project shall sign a declaration of the actual Hard Construction Costs incurred for the construction of the Residential Housing Project, provide a construction budget to support the calculation of the actual Hard Construction Costs incurred and deliver a third-party certification, from a professional with expertise in managing construction budgets for similar projects, of the amount of the actual Hard Construction Costs incurred; and
(d) Further provided, subsections (3)(a) and (3)(b) shall not apply to any development that has received or will receive government financial assistance conditioned upon the provision of fifty-one percent (51%) or more total units in a Residential Housing Project meeting affordability standards of a government program.
(5) Motor Vehicle Parking Ratios.
(a) For household living, parking shall be provided at a rate of one parking space per five dwelling units, rounded to the nearest whole number of spaces.
(b) All other development standards are as indicated elsewhere in the Zoning Code.
(6) Affordability.
(a) The standards of § 14-702(7)(b)(.2) through (.5) shall apply in the same manner as if a bonus was earned, except that:
(.1) Off-site development pursuant to subsection of § 14-702(7)(b)(.3) shall be permitted without a showing of exceptional circumstances or a substantial public benefit; and
(b) Compliance check, remedies, and regulations of § 14-702(7)(d) through (g) shall apply in the same manner as if a bonus was earned.
(7) Applicability of the Mixed Income Housing Bonus.
(1) Applicability.
The Fifth District Overlay District applies to lots located within District No. 5, as defined in Section 20-501 (Boundaries of Districts).
(2) Minimum Lot Area.
(a) In the CMX-2 district, the number of permitted dwelling units is as follows, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number:
(.1) A maximum of two dwelling units are permitted for lots less than 1,440 sq. ft. in area;
(.2) A maximum of three dwelling units are permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and a minimum of 480 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,919 sq. ft.
(3) Accessory Dwelling Units.
Accessory dwelling units shall not be permitted in the RSA-5 and CMX-1 zoning districts, except within buildings or structures that meet the conditions of § 14-604(11)(d)(.1) (Historic Structures).
(6) Neighborhood Overlay Subareas.
(a) Brewerytown-Sharswood/Celestial Community.
(.1) Applicability.
The Brewerytown-Sharswood District Subarea shall consist of all residentially-zoned lots within the boundaries of Cecil B Moore Avenue, 25th Street, Ridge Avenue, 19th Street, Poplar Street, Poplar Drive, Girard Avenue, 33rd Street, Oxford Street and Conrail Right-of-Way.
(.2) Height Regulation.
(.a) The maximum height shall be equal to the height of the tallest building located on any abutting lot.
(.b) If there is no abutting lot, no building on any abutting lot, or the tallest building located on any abutting lot has a height greater than 35 ft., the maximum height shall be 35 ft. or a height equal to the majority of the buildings existing within that block.
(.3) Roof Decks.
Roof decks and roof deck access structures shall be prohibited.
(7) Use Regulations.
Roof decks for non-residential uses are permitted within the area bounded by Callowhill Street, 19th Street, Wood Street, 18th Street, Vine Street, and 20th Street.
(1) Applicability.
The Eighth District Overlay District applies to lots located within District No. 8, as defined in Section 20-501 (Boundaries of Districts).
(2) Minimum Lot Area.
In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(a) At least seventy-five percent (75%) of lots adjacent to the lot to be divided is 1,000 sq. ft. or less;
(b) Each of the lots created is used for one single-family attached home; and
(c) Each of the lots created meets the minimum lot width requirement of the zoning district.
(3) Accessory Dwelling Units.
Accessory dwelling units shall not be permitted in the RSA-5 and CMX-1 zoning districts, except within buildings or structures that meet the conditions of § 14-604(11)(d)(.1) (Historic Structures).
(1) Purpose.
This section is intended to recognize the importance of preventing hazards to aircraft navigation that may result from the height of structures in areas surrounding certain helipads. The regulations create the appropriate zones and applicable boundaries where height restrictions for structures or uses of land will be limited so as not to obstruct the airspace required for aircraft landing or taking off from certain helipads, or would otherwise be hazardous to aviation operations during landing or take-off. The limitations intended to mitigate such obstructions are established in order to protect the safety and general welfare of helicopter operators and passengers, as well as to protect the safety and general welfare of property and occupants of land in the vicinity of a helipad and to continue to foster economic growth for the region.
(2) Heliport Areas.
The Thomas Jefferson University Hospital Heliport Area shall be associated with Thomas Jefferson University Hospital Heliport (FAA location identifier 9PA8) and shall consist of the area bounded by Sansom Street, 10th Street, Walnut Street, 9th Street, Spruce Street, and 13th Street.
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(3) Height Restrictions.
The following standards shall apply to all lots where any portion of the lot is identified as part of a "Heliport Hazard Area" of a Heliport Hazard Area Map. The Commission is authorized to adopt by regulation height restrictions for the Thomas Jefferson University Hospital Heliport Area in a manner consistent with federal aviation law and that will promote air traffic, population and building safety in such Area. The above map is for illustrative purposes only of the Heliport Hazard Area to be established for the Thomas Jefferson University Hospital Heliport Area.
(a) The maximum height of any building or structure within a "Heliport Hazard Area" shall be the height shown on the Heliport Hazard Area Map.
(b) To the extent a property is subject to more than one height maximum set forth in Heliport Hazard Area Map, the smallest maximum to which the property is subject shall apply to the entire property.
(c) For the purposes of this section, the height of any building or structure within a "Heliport Hazard Area" shall include all rooftop structures, appurtenances, and equipment including, but not limited to, all permitted encroachments to height limits in Table 14-701-6 (Exceptions to Dimensional Standard), except that airplane beacons, obstruction markers, or lights may exceed the maximum height as deemed necessary by the Federal Aviation Administration.
(d) Within a "Heliport Hazard Area", if the height of a structure is measured on a gable wall of a structure, the height of the structure shall be considered the top of the ridge.
(e) Any deck, roof deck, roof deck access structure, or other outdoor area intended for human occupancy, other than those required to operate and maintain the building or structure, within a "Heliport Hazard Area" shall be located a minimum of 100 ft. below the maximum height shown on the Heliport Hazard Area Map.
(4) Nonconformities.
The following standards shall apply to all lots where any portion of the lot is identified as part of a "Heliport Hazard Area":
(a) Marking and lighting: Upon notice from L&I, the owner of any nonconforming structure that has an adverse effect on air navigational safety within a "Heliport Hazard Area" as determined by the Federal Aviation Administration or the Pennsylvania Department of Transportation, Bureau of Aviation, as applicable, shall install obstruction markers or lights as deemed necessary by the Federal Aviation Administration or the Pennsylvania Department of Transportation, Bureau of Aviation, as applicable, so that the structures become more visible to pilots. All costs to maintain and operate such markers or lights shall be borne by the owner of the nonconforming structure.
(b) No person shall rebuild, replace, or substantially alter any nonconforming structure or other object if, in doing so, the structure or other object would exceed the maximum height within a "Heliport Hazard Area" or otherwise increase the occupied area above the maximum height shown within a "Heliport Hazard Area".
(a) The applicant submits with the application for a variance:
(.1) A map or drawing showing the location of the property in relation to the approach and departure flight corridors as approved by the Federal Aviation Administration or the Pennsylvania Department of Transportation, Bureau of Aviation, as applicable, for the designated helipad, provided the Commission shall provide the applicant with appropriate base maps upon which to locate the property;
(.2) Elevation profiles and a site plan, both drawn to scale, including the elevation of the average grade level, and the location and height of all existing and proposed structures, all measured in feet above grade in City Datum;
(.3) Documentation that a completed Federal Aviation Administration Form 7460-1 or the Pennsylvania Department of Transportation Form AV-57, as applicable, has been filed with the Federal Aviation Administration or the Pennsylvania Department of Transportation, Bureau of Aviation, as applicable, along with either a copy of the Form or a printout documenting the relevant information;
(.4) Any determination from the Federal Aviation Administration or the Pennsylvania Department of Transportation, Bureau of Aviation, as applicable, as to the effect of the proposal on the operation of aircraft navigation facilities and the safe, efficient use of navigable airspace, provided that in no instance shall a variance be issued if it would allow for a development in violation of any applicable federal or state aviation regulation;
(.5) A study assessing the impact of the proposal on the operation of helicopter aircraft navigation and the safe, efficient use of airspace by helicopters arriving and departing from the associated heliport completed by an independent third party recognized by peers to possess extensive knowledge of aviation engineering or aviation planning; and
(.6) A notice in writing and copy of the study required by subsection (.5), above, submitted to the owner of the associated heliport at least 30 days prior to the public hearing on the variance request.
(b) Prior to issuing any variance, the Zoning Board, through L&I, shall give the Pennsylvania Department of Transportation, Bureau of Aviation, 30 days' notice of the Zoning Board's intent to issue the variance, in such form as the Department of Transportation shall require. The Zoning Board may require further documentation from the applicant, if required by the Department of Transportation.
(6) Conflicts.
In the event of a conflict between any provision of this § 14-531 and any other provision of this Title, the more restrictive provision shall control.
(1) Applicability.
The Girard Avenue Overlay District shall consist of all lots with street frontage of Girard Avenue, between Broad Street and 2nd Street.
(2) Height Regulation.
All structures shall be subject to a height limit of 38 feet.
(1) Applicability.
The Mixed Income Neighborhoods Overlay District shall apply to Residential Housing Projects on lots located in the following areas:
(a) The area bounded by Haverford Avenue, 41st Street, Olive Street, Fairmount Avenue, 40th Street, an Amtrak Rail Right-of-Way, Spring Garden Street, the Schuylkill River, Grays Ferry Avenue, 47th Street, Woodland Avenue, 49th Street, Kingsessing Avenue, 48th Street, Beaumont Ave, 49th Street, Pentridge Avenue, 50th Street, Willows Avenue, 51st Street, Hadfield Street, 52nd Street, Whitby Avenue, 53rd Street, Chestnut Street, Cobbs Creek Parkway, 63rd Street, Arch Street, 54th Street, Race Street, and 50th Street, as shown on the following map, for illustrative purposes only; 584
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(b) Any lot that is located both within the /TOD overlay district and the 7th Council District, as shown on the maps under (c) and (d) below, for illustrative purposes only;
(c) The area bounded by Westmoreland Street, Kensington Avenue, Hagert Street, Emerald Street, Boston Street, Coral Street, Front Street, Norris Street, Frankford Avenue, Oxford Street, 6th Street, Dauphin Street (extended), 4th Street (extended), Lehigh Avenue, 5th Street, Allegheny Avenue, and B Street, as shown on the following map, for illustrative purposes only; 585
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(d) The area bounded by Cheltenham Avenue, Charles Street, Pratt Street, Valley Street, Harrison Street, Tackawanna Street, Orthodox Street, Griscom Street, Wakeling Street, Castor Avenue, and Oxford Circle, as shown on the following map, for illustrative purposes only; and 586
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(e) The area bounded by Roosevelt Boulevard, a former Conrail Right-of-Way, Annsbury Street, 6th Street, and Wingohocking Street, as shown on the following map, for illustrative purposes only.
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(2) Definition of Residential Housing Project.
(a) For the purposes of this § 14-533, a Residential Housing Project is any development which itself, or in combination with any closely related development, involves the development of ten or more dwelling units, twenty or more sleeping units, or both, and that is located in whole or in part within the Mixed Income Neighborhoods Overlay District, provided a Residential Housing Project is not: 587
(.1) Any development in which all dwelling units are developed by an educational institution for the exclusive use and occupancy of such institution’s students or other institution-affiliated persons such as resident advisors or house masters; or
(.2) Any development where less than twenty-five percent (25%) of gross floor area will be in residential use.
(.3) A Personal Care Home as defined in § 14-603(11) of the Code.
(b) In determining whether a development constitutes a Residential Housing Project, the City shall consider, among other things, whether the development is marketed as a single or unified project, shares common ownership, including common membership in a corporation, mailing address and contact information for owner of record, or other elements, or is a phase of a larger development. This definition shall be interpreted broadly to achieve the purposes of this Chapter and to prevent evasion of its terms.
(3) Use Regulations.
The following standards shall apply in addition to those of the applicable base zoning district:
(a) At least fifteen percent (15%) of all dwelling units (rounded up, if fractional) shall be provided and maintained as affordable on the same site as all other dwelling units.
(b) Including dwelling units provided pursuant to subsection (a), above, a minimum of twenty percent (20%) of all dwelling units and twenty percent (20%) of all sleeping units (rounded up, if fractional) shall be provided and maintained as affordable on the same site as all other dwelling units, except as follows:
(.1) The applicant may request that the Department of Planning and Development grant a waiver, such that, in lieu of meeting the conditions of subsection (b), above, the applicant may instead meet at least one of the following conditions, in addition to the requirement of subsection (a):
(.a) Including dwelling units provided pursuant to subsection (a), above, a minimum of twenty percent (20%) of all dwelling units and twenty percent (20%) of all sleeping units (rounded up, if fractional) shall be provided and maintained as affordable within one-half mile of the remaining units included in the Residential Housing Project; or
(.b) An owner has entered into a binding agreement with the City, prior to the issuance of a building permit, pursuant to which the owner has tendered to the City a payment in lieu of providing affordable housing and the Department of Planning and Development has agreed to use such money for the purposes set forth in Section 21-1605 (Trust Fund Assets Held in the Non- Recording Fee Sub-Fund) or Section 21-1603 (Creation, Distribution and Use of the Trust Fund's Assets), and to use best efforts to use an amount equal to such payment within five years of the owner tendering payment for a project or projects within the same Council District as the development, including to defray any additional administrative costs associated with the review and enforcement of affordable housing units required by this Mixed Income Neighborhoods Overlay. The payment shall be calculated as follows: 587.1
(i) For lots located in an RM-2, RM-3, RM-4, RMX-1, RMX-2, RMX-3, IRMX, CMX-3, CMX-4, or CMX-5 zoning district: the maximum total gross floor area allowed under this § 14-533, multiplied by nine dollars ($9);
(ii) For lots located in an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district: the maximum total number of dwelling units allowed under this § 14-533, multiplied by ten thousand nine hundred dollars ($10,900); and
(iii) For lots located in any other zoning district: the sum of the number of sleeping units divided by two and the number of dwelling units, multiplied by ten thousand nine hundred dollars ($10,900).
(.2) The Department of Planning and Development shall only grant this waiver upon a demonstration of exceptional circumstances based on a particular substantial public benefit that would be derived from the proposed off-site development or that the granting of the waiver would otherwise further the general purposes of this Chapter in a particular way, as may be further defined in regulations of the Commission. This waiver may specify which of the options listed in subsection (.1), above, shall be available to the application.
(.3) An applicant may only submit a request for this waiver after having submitted an application for a zoning permit to L&I for the relevant Residential Housing Project. If the Department of Planning and Development does not respond to a written request for this waiver within 45 days of its receipt, the request will be deemed granted, provided that the waiver shall specify that only option (.b), above, shall be available to the applicant.
(.4) The Department of Planning and Development and the Commission are authorized to promulgate regulations to implement the provisions of this subsection (b). These regulations may include other requirements and penalties for non-compliance.
(c) For any lot to which this Overlay District applies that is located within the Third Councilmanic District, the requirements of §§ 14-533(3)(a) and (3)(b)(.1) shall be deemed to have been satisfied, without the requirement of the grant of a waiver, provided all the following conditions are met: 588
(.1) A portion of the lot was subdivided and transferred to the City, with respect to which portion the Director of Planning and Development has certified, in the Director's sole discretion, that the City intends to build, itself or through a third-party developer, affordable dwelling units that meet all the conditions of subsection (6) (Affordability) below, which units will satisfy affordable housing requirements in connection with the lot with respect to which zoning approval is sought (which transferred portion is referred to in this subsection (c) as the "City Lot"). Those units identified in such certification, in combination with any other affordable dwelling units to be provided on the lot with respect to which zoning approval is sought, must equal or exceed the number of affordable dwelling units that would be necessary to satisfy the requirements of § 14-533(3)(a) if all such affordable dwelling units were provided on the same lot;
(.2) At the time of the transfer, the City Lot was part of the same lot on which all other dwelling units will be provided; and
(.3) The applicant meets the conditions of § 14-533(3)(b)(.1)(.b), provided that the value of the City Lot transferred pursuant to subsection (.1) shall be deducted, on a dollar-per-dollar basis, from the payment calculated under that subsection.
(.a) The value of the City Lot shall be based on the average of (i) the City's assessed value of the original parent lot and (ii) an appraisal, identified by the applicant, by a third-party certified appraiser that was made within 18 months of the transfer, multiplied by the fraction of the size of the City Lot as the numerator and the size of the parent lot from which the City lot was subdivided out as the denominator.
(.b) If the value of the payment calculated in § 14-533(3)(b)(.1)(.b) exceeds that of the City Lot, the applicant shall tender a payment to the City in the amount of the balance pursuant to the requirements of such subsection.
(.c) If the value of the City Lot exceeds that of the payment calculated in § 14-533(3)(b)(.1)(.b), the applicant shall not be entitled to compensation or refund in any manner.
(.4) The provisions of this subsection (c) shall apply to and benefit the entire remaining lot from which the City Lot was divided, notwithstanding the future subdivision of such remaining lot; provided, however, that each affordable dwelling unit identified in the Director of Planning and Development's certification under subsection (3)(c)(.1) above shall only be credited once in connection with the affordable dwelling unit requirement applicable to such remaining lot as it may be subdivided.
(.5) Subsections (.2) and (.3) of § 14-533(3)(b) shall not apply to application of this subsection (c).
(d) Any development that meets any of the following conditions will not be required to meet the requirements of subsections (a) and (b), above: 588.1
(.1) The applicant demonstrates to the satisfaction of the Department of Planning and Development that fifty-one percent (51%) or more units will meet the definition of “Affordable Housing Property” under subsection 7-202(1); or
(.3) All units in the Residential Housing Project are part of a program, as certified by the Department of Planning and Development, designed to create owner-occupied housing for first-time home buyers in which the average monthly costs meet affordability standards set forth by HUD for the Philadelphia Metropolitan Statistical Area for households earning between up to one hundred percent (100%) of the AMI, adjusted for household size. Each unit will be bound by a restrictive covenant or regulatory agreement with the City, Commonwealth or City land-holding, or housing-financing agency commemorating on-site housing affordability requirements.
(e) Household Living is permitted in accordance with Table 14-533-1. The notes for Table 14-533-1 are as follows:
[1] In the RM-1 district, the minimum lot area required per dwelling unit is as follows, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number:
(.a) A minimum 240 sq. ft. of lot area is required per dwelling unit for the first 1,440 sq. ft. of lot area.
(.b) A minimum of 320 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,440 sq. ft
[2] In the CMX-1 and CMX-2 districts, a minimum of 320 sq. ft. of lot area is required per dwelling unit, provided that whenever the calculation of the permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number.
[3] In the CMX-2.5 district, the minimum lot area required per dwelling unit is as follows, provided that, whenever the calculation of the permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number.
(.a) A minimum of 240 sq. ft. of lot area is required per dwelling unit for buildings less than or equal to 45 ft. in height.
(.b) A minimum of 180 sq. ft. of lot area is required per dwelling unit for buildings greater than 45 ft. in height.
District Name | RSD-1/2/3; RSA-1/2/3/4/5 | RTA-1 | RM-1 | CMX-1/2 | CMX-2.5 | RM-2/3/4, RMX-1/2/3, CMX-3/4/5, IRMX, SP-ENT | CA-1/2, ICMX, I-1/2/3/P, SP-INS/STA/ PO-A/PO-P/AIR |
Y = Yes permitted as of right | N = Not allowed (expressly prohibited) See § 14-533(3)(e) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. | |||||||
Residential Use Category
| |||||||
Household Living (as noted below) | |||||||
Single-Family | Y | Y | Y | Y | Y | Y | N |
Two-Family | N | Y | Y | Y | Y | Y | N |
Multi-Family | N | N | Y [1] | Y [2] | Y [3] | Y | N |
(4) Development Standards.
The maximum occupied area, height limit, and maximum floor area ratio are as indicated in Tables 14-533-2, 14-533-3, and 14-533-4. All other development standards are as indicated elsewhere in the Zoning Code.
(a) Notes for Table 14-533-2.
[1] Maximum occupied area is as indicated in § 14-701 (Dimensional Standards).
[2] Maximum occupied area is as indicated in Chapter 14-400 (Base Zoning Districts).
District Name | RSD-1/2/3, RSA-1/2/3/4/5, RTA-1, RM-1/2, RMX-3, CMX-1/2.5/4/5, CA-1/2 ICMX, 1-1/2/3/P | RM-3 | RM-4, CMX-2/3 | RMX-1 | RMX-2 | IRMX | SP-INS/ENT/ PO-A/PO-P/AIR |
See § 14-533(4)(a) (Notes for Table 14-533-2) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. | |||||||
Lot Dimensions
| |||||||
Max. Occupied Area (% of lot) | [1] | 75 | Intermediate: 85 Corner: 90 | 65 | 85 | Intermediate: 75 Corner: 80 | [2] |
(b) Notes for Table 14-533-3.
[1] In the IRMX zoning district, the following regulations shall apply:
(.a) For any lot frontage facing a street 35 ft. or less in width, the first 8 ft. of lot depth shall have a maximum building height of 38 ft. and the second 8 ft. of lot depth shall have a maximum building height of 75 ft.;
(.b) If an industrial use accounts for a floor area equal to at least fifty percent (50%) of the ground floor area, the property may exceed the maximum occupied area set forth in the table or the maximum height set forth in the table, the maximum height shall be 79 ft., subject to compliance with (.a) above, and subject to a maximum occupied area as a percentage of the lot of fifty percent (50%) for intermediate lots and fifty five percent (55%) for corner lots for those portions of the building above 67 ft. in height.
[2] Height maximums are as indicated in Table 14-701-4: Dimensional Standards for Industrial Districts.
[3] Height maximums are as indicated in Chapter 14-400 (Base Zoning Districts).
District Name | RSD-1/2/3, RSA-1/2/3/4/5, RTA-1, CA-1/CA-2 | RM-1, CMX-1/2 | CMX-2.5 | RM-2/3/4, RMX-1/2/3, CMX-3/4/5 | IRMX | ICMX, 1-1/2/3/P | SP-INS/ENT/ PO-A/PO-P/AIR |
See § 14-533(4)(b) (Notes for Table 14-533-3) for information pertaining to bracketed numbers (e.g., "[2]") in table cells. | |||||||
Denotes zoning requirements not applicable. | |||||||
Height
| |||||||
Maximum (ft.) | 38 | 45 | 62 | [1] | [2] | [3] | |
(c) Notes for Table 14-533-4.
[1] The maximum floor area ratio is for the district area, excluding streets
[2] The maximum floor area ratio is subject to the provisions of §14-701(5) (CMX-4 and CMX-5 Bulk and Massing Controls)
[3] The maximum floor area ratio for lots zoned CMX-5 located within the boundaries of the Center City/University City Floor Area Ratio Map (as shown in §14-701(3)(a)[2]) is increased to two thousand percent (2,000%) of lot area. Such lots shall not be subject to the provisions of §14-513(5)(a)(.2).
[4] The maximum floor area ratios are as indicated in Table 14-701-4: Dimensional Standards for Industrial Districts.
[5] The maximum floor area ratios are as indicated in Chapter 14-400 (Base Zoning Districts).
District Name | RSD-1/2/3, RSA-1/2/3/4/ 5, RTA-1, RM-1, CMX-1/2/2.5 CA-1/CA-2 | RM-2 | RM-3 | RM-4 | RMX-1 | RMX-2 | RMX-3, CMX-3 (except within /TOD), IRMX | CMX-3 (within /TOD) | CMX-4 | CMX-5 | ICMX, 1-1/2/3/P | SP-INS/ ENT/ POA/ PO-P/ AIR |
See § 14-533(4)(c) (Notes for Table 14-533-4) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. | ||||||||||||
Denotes zoning requirements not applicable. | ||||||||||||
Floor Area Ratio
| ||||||||||||
Maximum FAR (% of lot area, except as otherwise provided) | 120 | 225 | 525 | 225 [1] | 375 [1] | 750 | 800 | 750 [2] | 1,600 [2][3] | [4] | [5] | |
(5) Motor Vehicle Parking Ratios.
The minimum required parking spaces for household living is as indicated in Table 14-533-5. All other parking and loading standards are as indicated elsewhere in the Zoning Code.
RSD-1/2/3 RSA-1/2/3/4/5 RTA-1 RM-1 CMX-1/2/2.5 | RM-2/3/4 RMX-2/3 CMX-3/4/5 IRMX | RMX-1
| |
Household Living | 0 | 2/10 units | 2/3 units |
(6) Affordability.
Affordable dwelling and sleeping units required shall be provided under the following standards. For the purposes of this section, a household shall consist of every person who lives or intends to live in the unit, regardless of age, dependency status, or relationship. The imputed household size for determining unit affordability and occupancy requirements of this section shall be equal to 1.5 people per each bedroom in the unit, except for studios, efficiencies, and sleeping units for which the imputed household size is 1 person.
(a) Affordable rental units shall:
(.1) Have total monthly costs (including rent and utility costs) that do not exceed thirty percent (30%) of gross monthly income for households earning up to forty percent (40%) of the Area Median Income (AMI), adjusted for household size, as reported by the U.S. Department of Housing and Urban Development (HUD) for the Philadelphia Metropolitan Statistical Area;
(.2) Be occupied by households earning up to forty percent (40%) of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of the household's initial occupancy of the unit; and
(.3) At no time be occupied by households earning greater than eighty percent (80%) of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area; provided that, in the event the income of a tenant is found by the Department of Planning and Development to exceed the maximum income provided for by this subsection (.3), a rental unit shall nonetheless be deemed in compliance with this subsection (.3), until the first expiration of a lease occurring after the tenant's income first exceeded the maximum permitted by this subsection (.3). In such event, the owner or their property manager may raise rent on the existing household's unit at the owner or their property manager’s discretion, taking into account any applicable laws, rules, or policies regarding rent increases, provided that the owner or their property manager must make the next available unit of comparable size available to a new income-qualified household.
(b) Affordable owner-occupied units shall:
(.1) Have a maximum sale and resale price, during the term of affordability, calculated on the basis of a down payment of no more than five percent (5%) of the purchase price, a fixed rate 30 year mortgage, consistent with the average monthly rate published from time to time by Freddie Mac, and total monthly costs (including mortgage principal and interest, property taxes, property insurance, and condominium or homeowner association fees) that do not exceed thirty percent (30%) of gross monthly income for households earning up to sixty percent (60%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area;
(.2) Be sold to one or more members of a household with household earnings up to sixty percent (60%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of sale; and
(.3) Be the principal residence of at least one person who owned the unit during the period of affordability.
(d) Applicants shall be encouraged to partner with community development corporations and other community-based organizations in developing and executing plans for marketing units and evaluating the qualifications of potential occupants.
(e) Compliance check, remedies, and regulations of § 14-702(7)(d) through (g) shall apply.
(7) Marketing and Equal Opportunity.
Any development shall be subject to the requirement that no zoning permit shall be issued unless an applicant has met with Registered Community Organizations (“RCOs”) whose boundaries include the applicant's property to present a Marketing and Occupancy Plan and an Economic Opportunity Plan, in accordance with subsections (a) through (c), below; has subsequently filed the Plans with either a division of the Department of Commerce responsible for monitoring participation by minority, women, and disabled-owned businesses or any other City agency designated by the Mayor; and has subsequently made available a copy of the Plans to the RCOs.
(a) A Marketing and Occupancy Plan shall describe how the permit applicant will market and occupy affordable and market-rate units within the development.
(b) An Economic Opportunity Plan shall include a description of all efforts to be taken to foster meaningful and representative opportunities for participation by M/W/DSBEs and an appropriately diverse workforce in connection with the project. Such description shall include certification and documentation of any and all actions taken with respect to solicitation and other activities as set forth in subsections (1)(d)(.3)(.a) through (.c) of Section 17-1603 of the Code (“Economic Opportunity Plan: Contents”); a statement of past practices to develop diversity at any and all levels of the organization, as described in subsection (1)(f) of Section 17-1603; and a statement of equity ownership, as described in subsection 17-1603(1)(g)(.2); provided that the requirements of Chapter 17-1600 shall not otherwise apply to this § 14-533.
(c) The applicant must meet the applicable requirements of § 14-303(12) (Neighborhood Notice and Meetings), regardless of whether those provisions would otherwise apply. The applicant may fulfill the requirement of meeting with RCOs in this subsection (c) by presenting such Plans at the Neighborhood Meeting required under § 14-303(12).
(d) L&I and the Commission are authorized to promulgate such regulations as are necessary and appropriate to implement the provisions of this section.
(8) Bonuses available under the provisions of § 14-702(7).
Bonuses available under the provisions of § 14-702(7) (Mixed Income Housing) may be earned only where a Residential Housing Project meets the requirements of § 14-702(7)(b) in addition to, and not including, any dwelling units, sleeping units, and payments in-lieu provided pursuant to the requirements of this § 14-533.
(9) Reporting.
All affordable units produced pursuant to the requirements of this overlay shall be included in the annual report published pursuant to § 14-702(7)(f) (Reporting).
(1) Applicability.
The Affordable Housing Preservation Overlay District shall apply to any lot that is, or as of March 23, 2022 was:
(a) Located in the area bounded by Filbert Street, 39th Street, Market Street and 40th Street; 593
(b) A lot with frontage on Market Street, 39th Street, and Filbert Street;
(c) Located in the area bounded by Market Street, 44th Street, Ludlow Street and 45th Street;
(d) A lot with frontage on Market Street, 45th Street, and Ludlow Street; or
(e) Located in the area bounded by Sansom Street, 45th Street, Walnut Street, and 46th Street.
(2) Exceptions to Applicability for Properties with Qualified Low-Income Housing Developments.
(a) Definition of Qualified Low-Income Housing Development.
For the purposes of this § 14-534, a Qualified Low-Income Housing Development is a housing development composed of forty or more dwelling units, all of which are under common ownership, located on the same lot as of March 23, 2022, and are leased or intended to be leased to households for occupancy as their primary residences, where all of the following conditions apply:
(.1) More than fifty percent (50%) of the dwelling units are leased to or reserved for households earning up to fifty percent (50%) of the Area Median Income, adjusted for household size, as reported by the U.S. Department of Housing and Urban Development (HUD) for the Philadelphia Metropolitan Statistical Area;
(.2) The average monthly costs (including rent and utilities) across the entire housing development at issue does not exceed thirty percent (30%) of gross monthly income for households earning up to sixty percent (60%) of the Area Median Income (AMI), adjusted for average household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area;
(.3) The property is deed restricted to maintain the affordability provisions of subsections (2)(a)(.1) and (.2), above, for at least 50 years following any application for zoning permits for the property that include a use that falls within an Office Use Category or Industrial Use Category as certified by affidavit and by submission of a copy of that deed restriction at the time of zoning permit application.
(b) For any lot that contains a Qualified Low-Income Housing Development, subsections (3) and (5) of this § 14-534 do not apply to entirely nonresidential structures, provided that the Qualified Low-Income Housing Development has been maintained with the same number of total bedrooms that were in existence as of March 23, 2022, as certified by affidavit submitted at the time of zoning permit application.
(3) Use Regulations.
Uses other than residential uses or required off-street parking may only be located on the ground floor of a building.
(4) Applicability of /MIN, Mixed Income Neighborhoods Overlay District.
(a) Notwithstanding the effective date of Bill No. 210633-A, the provisions of § 14-533 (/MIN, Mixed Income Neighborhoods Overlay District), § 14-303(8)(a), § 14-513(5)(b)(.2), § 14-702(7)(a)(.1)(.a)(iii), § 14-702(7)(a)(.2)(.a)(iii), and § 14-702(7)(i), all as set forth in Bill No. 210633-A, shall be effective immediately; and
(b) Notwithstanding § 14-533(3)(b)(.1) - (.4) and § 14-533(6)(c), all affordable dwelling units and sleeping units shall be provided and maintained on the same site as all other dwelling units. No offsite options or payment in lieu of providing onsite affordable housing shall be permitted to satisfy the affordability requirements of § 14-533(3)(a) or § 14-533(3)(b).
Eligibility for floor area and dwelling unit density bonuses shall be limited as follows:
(a) Where otherwise permitted, a lot shall be eligible to earn Mixed Income Housing bonuses, provided that:
(.1) It may only do so through the inclusion of affordable units on-site in a quantity that satisfies § 14-702(7)(b)(.1); and
(.2) If located within the /MIN, Mixed Income Neighborhoods Overlay District, it is subject to the conditions of § 14-533(8);
(b) Where otherwise permitted, a lot shall be eligible to earn floor area bonuses by meeting the conditions of § 14-702(6) (Public Space), § 14-702(8) (Transit Improvements), § 14-702(9) (Underground Accessory Parking), or any combination of these three, provided that these bonuses may only be earned where a Mixed Income Housing bonus is also earned;
(c) Where otherwise permitted, a lot shall be eligible to earn floor area bonuses by meeting the conditions of § 14-702(5) (Public Art), § 14-702(10) (Green Building or Site), or both, provided that these bonuses may only be earned where each of the three bonuses listed in (b), above, is also earned; and
(d) Where otherwise permitted, a lot shall be eligible to earn a dwelling unit density bonus by meeting the conditions of § 14-702(16) (Green Roof), provided that this bonus may only be earned where a Mixed Income Housing bonus is also earned.
(a) Temporary Demolition Moratorium.
Until March 13, 2023, no zoning permit shall issue for a complete demolition of any building being used for a residential purpose, whether in whole or in part, that is located on a lot with a Lot Area greater than 19,999 square feet or contiguous lots with a total Lot Area greater than 19,999 square feet, in either case within the /AHP Overlay.
(b) Building Requirements to Prevent Vacant Lots.
No zoning or building permit shall be issued for the demolition of a principal building located within the /AHP Overlay District unless a building permit has been issued for the construction, expansion, or alteration of a new or existing principal building on the same lot.
(c) Exceptions.
The provisions of subsection (6)(a) and (b) shall not apply if:
(.1) Such demolition is necessary to abate an imminently dangerous condition as determined by the Department of Licenses and Inspections; or
(.2) Such demolition is necessary to abate an unsafe condition impacting the right of way or any adjacent property as determined by the Department of Licenses and Inspections.
(d) Relationship With Other Ordinances.
The provisions of this subsection (6) supersede any other limitations or authorizations related to the demolition of any building located within the /AHP Overlay District.
If any paragraph, subsection, clause, provision, or exception of this Section shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Section as a whole or any part thereof. It is the intention of City Council that the remainder of this Section would have been adopted as if such invalid paragraph, subsection, clause, provision, or exception had not been enacted.
(1) Applicability.
The Yorktown Neighborhood Overlay District shall consist of all residentially-zoned lots within the area bounded by Girard Avenue, 13th Street, Cecil B. Moore Avenue, and 9th Street.
(2) Height Regulation.
(a) The maximum height shall be equal to the height of the tallest building located on any abutting lot.
(b) If there is no abutting lot, no building on any abutting lot, or the tallest building located on any abutting lot has a height greater than 38 feet, the maximum height shall be as otherwise indicated in this Zoning Code.
(c) Any building that is 25 feet or less in height shall contain no more than two stories.
(3) Roof Decks.
Roof decks and roof deck access structures shall be prohibited.
(1) Applicability.
The Nehemiah Homes Overlay District shall consist of all residentially-zoned lots within the area bounded by Girard Avenue, Watts Street, Parrish Street, Broad Street, Brown Street, and 12th Street.
(2) Height Regulation.
(a) The maximum height shall be equal to the height of the tallest building located on any abutting lot.
(b) If there is no abutting lot, no building on any abutting lot, or the tallest building located on any abutting lot has a height greater than 35 feet, the maximum height shall be 35 feet.
(c) Any building that is 25 feet or less in height shall contain no more than two stories.
(3) Roof Decks.
Roof decks and roof deck access structures shall be prohibited.
(4) Balconies.
Balconies shall be prohibited except at the second floor rear of residential structures.
(1) Applicability.
The Nelson Brown People's Village Overlay District shall consist of all residentially zoned lots within the area bounded by Susquehanna Avenue, 11th Street, Diamond Street, and 13th Street.
(2) Height Regulation.
(a) The maximum height shall be equal to the height of the tallest building located on any abutting lot.
(b) If there is no abutting lot, no building on any abutting lot, or the tallest building located on any abutting lot has a height greater than 38 feet, the maximum height shall be as otherwise indicated in this Zoning Code.
(c) Any building that is 25 feet or less in height shall contain no more than two stories.
(3) Roof Decks.
Roof decks and roof deck access structures shall be prohibited.
(4) Materials.
The ground floor front facade of new construction and additions shall be fully composed of brick, excluding doors and windows and any trim surrounding these openings.
(1) Purpose.
The purpose of the Cobbs Creek Golf Course Overlay District ("CGC District") is to encourage and accommodate the redevelopment of a first-class public course.
(2) District Boundaries.
The overlay is bounded by City Avenue, 76th Street, Brockton Road, Haverford Avenue, 67th Street, Callowhill Street, Daggett Street, Race Street, 63rd Street, Market Street, and Cobbs Creek.
(3) Application.
The overlay only applies to land that is zoned SP-PO-A, Special Purpose – Parks and Opens Space, Active.
(4) Steep Slope Protection.
Site Clearing, as defined at § 14-203, and Earth Moving Activities, as defined at § 14-203(105), impacting steep slopes shall each be temporarily exempted from the provisions of § 14-704(2) until July 15, 2024.
(5) Fencing.
Fencing bordering the golf course shall not exceed 15 feet in height, except with respect to fencing and netting located for a driving range, any golf hole or short course in which case fencing, netting, or both (together with supporting poles) shall not exceed 150 feet in height. All fencing shall be exempt from any setback requirement at the approval of adjacent neighbors. If approval cannot be obtained, the setback shall be a minimum of 20 feet from the property line and buffered by new native trees and shrubs.
(6) Building Height.
The building height for temporary structures shall not exceed 50 feet.
(7) Permanent Structure Requirements.
Construction of permanent structures is not permitted on the steep slope.
(8) Use of Pesticides.
Use of any pesticides in the area described in subsection (2) must adhere to Chapter 6-1300 of the City Code entitled Healthy Outdoor Public Spaces.
(9) Biodiversity.
Golf course operator must work with local environmental organizations to ensure biodiversity related to the species of trees planted within the overlay district and plantings shall be of plants native to the region.
(10) Monitoring.
Continuous monitoring of air and water quality, hydrology, traffic, litter, and biodiversity, must be performed in overlay area in collaboration with local environmental organizations.
(11) Community Outreach and Education.
Golf course operator must hold bi-annual environmental justice education meetings with impacted communities adjoined to overlay district.
(12) Reporting Requirements.
Golf Course operator must commission an annual report prepared by a registered professional environmental engineer outlining environmental health and impacts of water, air, land, and biodiversity of the overlay district and delivered to the Philadelphia Department of Parks and Recreation, local environment organizations, the leadership of the Overbrook Park Civic Association, and to the Councilmember of the 4th District of Philadelphia City Council.
(1) Applicability.
The East Poplar Overlay District shall consist of all residentially zoned lots within the area bounded by Girard Avenue, 6th Street, Spring Garden Street, 8th Street, Brown Street, and 9th Street.
(2) Height Regulation.
(a) The maximum height shall be equal to the height of the tallest building located on any abutting lot.
(b) If there is no abutting lot, no building on any abutting lot, or the tallest building located on any abutting lot has a height greater than 38 feet, the maximum height shall be as otherwise indicated in this Zoning Code.
(c) Any building that is 25 feet or less in height shall contain no more than two stories.
(3) Roof Decks.
Roof decks and roof deck access structures shall be prohibited.
(1) Applicability.
The Narcotics Injection Sites Overlay District shall apply to any lot in the 7th Council District, 6th Council District, 1st Council District, 10th Council District, 9th Council District, 8th Council District, 5th Council District, 4th Council District, and the 2nd Council District.
(2) Narcotics Injection Site.
A Narcotic Injection Site means a healthcare facility or establishment, with oversight provided by one or more health care professionals, that provides space for any person to inject, ingest, inhale, or otherwise introduce into the person’s body an unprescribed controlled substance as included in Schedules I through IV of the Pennsylvania Controlled Substance Drug, Device and Cosmetic Act. This does not include sites that are established solely for the purpose of dispensing or providing medication used in medically assisted drug therapy treatments.
(3) Prohibited Use.
A Narcotic Injection Site is a prohibited use in these Districts.
(1) Applicability.
The requirements of this Ridge Avenue Neighborhoods Overlay /RAN district apply to lots in commercial-mixed use, residential multifamily (RM-1), and industrial zoning districts with frontage on the following streets:
(a) Ridge Avenue between Cresson Street and Domino Lane;
(b) Pechin Street between Krams Avenue and Paoli Avenue;
(c) Mitchell Street between Hermit Street and Hermitage Street; and
(d) Green Lane between Ridge Avenue and Lawnton Street.
(2) Use Regulations.
(a) Prohibited Uses.
In addition to uses prohibited under base zoning, the following uses shall also be prohibited:
(.1) Freestanding tower wireless service facilities;
(.2) Moving and storage facilities;
(.3) Personal care homes;
(.4) Non-accessory parking;
(.5) Drive-throughs.
(b) Special Exceptions.
In addition to uses requiring a special exception under base zoning, the following uses shall also require a special exception:
(.1) Group child care;
(.2) Research and development;
(.3) Take-out restaurants;
(.4) Sales of telecommunications equipment as a main use, including, but not limited to, retail sales of cellular phones and pagers.
(c) On-Site Trash Storage.
Any proposal that will result in a total of five or more dwelling units within a building must include common, on-site trash storage. This storage may be included in a basement or designated trash storage room. Unless located in a basement, trash storage areas shall not be located within the first 30 feet of building depth.
(3) Development Standards.
(a) Height.
(.1) Unless additional height is earned pursuant to § 14-702(7) (Mixed Income Housing), buildings in a RM-1 or CMX-2 zoning district may not contain more than three stories.
(.2) Buildings in a CMX-2.5 zoning district may not exceed 45 ft. in height and may not contain more than four stories, but are eligible to earn an additional 7 ft. in height and may contain five stories if the lot meets the conditions necessary to earn a height bonus under the provisions of § 14-702(7) (Mixed Income Housing), as though it were located in a RM-1, CMX-1, or CMX-2 zoning district.
(.3) Bonus height or floors earned pursuant to § 14-702(7) (Mixed Income Housing) shall be setback 5 feet from the front facade.
(.4) First floor entrances along primary frontages shall not be lowered below grade to comply with height requirements.
(b) Bonuses.
(.2) No other Floor Area, Height, and Dwelling Unit Density bonuses may be earned.
(.3) CMX-2.5 Lots in the Ridge Avenue Neighborhoods Overlay /RAN Overlay District are eligible for the height bonus permitted in § 14-702(7).
(c) The required first floor commercial space in the CMX-2 and CMX-2.5 districts shall have a minimum 14 foot floor to floor height. Projects are exempt where there is an existing structure and the proposed development increases by twenty-five percent (25%) or less the number of dwelling units or the gross floor area.
(d) All utility equipment shall be screened with landscaping, fences, or walls. Screening fencing shall be constructed of wood or ornamental metal; chain-link and barbed wire are prohibited as a material for any fences used to meet the requirements of this section.
(e) Where a property is bounded by two or more streets, Ridge Avenue shall be considered as the primary frontage, and opposite Ridge Avenue shall be considered the rear for rear yard determinations.
(f) For lots over 5,000 square feet:
(.1) Portions of a development that are within 20 feet of a residential single family zoning district shall not exceed 38 feet in height or 3 stories.
(.2) For development projects with multiple street frontages:
(.a) Facades on streets other than Ridge Avenue shall be no less than the distance between the front facade and the front lot line of the principal building on the immediately adjacent lot. If there is no principal building on an immediately adjacent lot, then the distance between the front facade and the front lot line shall match the distance between the front facade and the front lot line on the closest building to the subject property that is on the same blockface. If there is no such building, the minimum distance between the front facade and the front lot line shall be zero.
(.b) When the Planning Commission designates a primary frontage in addition to Ridge Avenue, the first 65 feet of ground floor frontage, as measured from Ridge Avenue shall be subject to the following:
(i) It shall contain a use other than residential and other than parking within the first 30 ft. of building depth, measured from the front building line.
(ii) The front building line may be built to the property line.
The remaining ground floor frontage, past the first 65 feet measured from Ridge Ave, shall meet the contextual setback requirements of § 14-541(3)(f)(.2)(.a) above.
(.3) Side yards are required when a side lot line abuts a single-family residential zoning district.
(.4) Properties zoned RM-1 located between Domino Lane and Fountain Street shall provide a 10-foot front yard setback from Ridge Avenue. Landscape and plant materials shall be provided in the front yard setback as follows:
(.a) Plants and landscape materials shall be installed in conformance with § 14-705(1)(c);
(.b) The required number of plantings shall be consistent with the requirements set forth in § 14-705(1)(d)(.2)(.a)(ii);
(.c) This area is shall not be counted towards any yard tree obligations as required by § 14-705(1)(e); and
(.d) The required landscape will be reviewed for conformance with these standards by the Planning Commission and will require the submission of a landscape and tree preservation plan prepared by a licensed architect, licensed landscape architect, licensed professional civil engineer, or a certified arborist that demonstrates compliance with these provisions.
(g) Facade Review.
(.1) L&I shall not issue a building permit for the erection of a building or the alteration of facade until the Planning Commission has reviewed the plans of all proposed facades and determined that the proposed facades, in the opinion of the Commission, are in harmony with the surrounding commercial and residential area and pedestrian-oriented environment. The Commission shall have 60 days to approve or disapprove the application, after which its approval will be presumed.
(4) Parking and Loading.
(a) Except when 3 or fewer parking spaces are provided, accessory parking shall be provided in a parking lot, or underground parking garage. Parking spaces are not permitted under buildings.
(b) Parking for dwelling units in a RM-1, CMX-2 or a CMX-2.5 district shall be provided at a minimum of 0 spaces per dwelling unit for the first five dwelling units, then at a minimum of 1 space per each additional dwelling unit, notwithstanding any other parking requirements set forth in this Zoning Code. Any required number of affordable on-site housing units determined by § 14-702(7)(b)(.1) shall be excluded from parking requirement calculations.
(c) Off-street surface parking and loading shall not be located between the building line and street line.
(d) Curb Cuts.
(.1) If a lot has frontage on two or more streets, parking may not be accessed by Ridge Avenue, Pechin Street, Mitchell Street, or Green Lane. In cases where a lot is bounded by two streets that are named above, parking may not be accessed by the primary frontage, as designated by the Planning Commission.
(.2) No curb cuts may exceed 24 feet in width.
(.3) Lots with 150 feet or less of total linear street frontage shall have no more than one curb cut for both ingress and egress.
(5) Signs.
(a) In addition to the requirements of Chapter 14-900 (Signs), the following signs shall be prohibited:
(.1) Internally illuminated signs and awnings;
(.2) Animated illumination signs;
(.3) Digital display; and
(.4) Freestanding signs.
(b) The maximum area of signs shall be either 40 sq. ft. total per building frontage or the maximum area allowed in Table 14-904-1 (Accessory Sign Controls for Specific Zoning Districts), whichever is more restrictive.
(c) Where permitted, no more than one window sign may be placed in each window located above the first floor.
(d) The total area of window signs on doors shall not exceed ten percent (10%) of the total transparent glazed area of all glass doors.
(e) No sign may be erected or maintained in the Ridge Avenue /NCA unless approved by the Art Commission. The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed.
Section 14-542, entitled "/PAK, Packer Avenue Overlay District", has been added to this chapter by
(1) Applicability.
The requirements of this “/PAK, Packer Avenue Overlay District” apply to all properties zoned CMX-3 Commercial within the area bounded by Packer Avenue, Seventh Street, Pattison Avenue, and Darien Street, and notwithstanding all other applicable sections of this Code.
(2) Use Regulations.
In addition to the uses allowed in the underlying zoning district, the following uses are permitted:
(a) Assembly and entertainment;
(b) Non-accessory surface parking; and
(c) Roof decks for non-residential use.
(3) Expiration.
The provisions of this § 14-542, /PAK, Packer Avenue Overlay District, shall expire if a zoning permit has not been issued in connection with the area designated CMX-3 in the District within two years of the effective date of this Section.
(1) Purpose.
The /PCH, Philadelphia Chinatown Overlay District, is established in order to preserve and protect the existing character of the Chinatown neighborhood.
(2) Applicability.
The standards and regulations of the /PCH, Philadelphia Chinatown district, apply to all properties within CMX-3, CMX-4, CMX-5, and RMX-3 zoning districts located within the area bounded by Vine Street, Ninth Street, Cuthbert Street (Extended), 11th Street, Race Street, and 13th Street.
(3) Use Regulations.
(a) Prohibited Uses.
The following uses shall be prohibited within this overlay:
(.1) Adult-Oriented Services;
(.2) Assembly and Entertainment;
(.3) Smoking Lounges;
(.4) Amusement Arcades;
(.5) Fortune Telling Service; and
(.6) Vehicle and Vehicular Equipment Sales and Service.
(b) Inclusionary Housing.
(.1) Developments that meet the definition of a Residential Housing Project under § 14-533(2) (Definition of Residential Housing Project) (excepting the limitation on location stated in § 14-533(2)(a)), must include on-site affordable dwelling units consistent with and subject to the requirements necessary to earn a floor area bonus at the Moderate Income level of affordability pursuant to § 14-702(7) (Mixed Income Housing), provided that no such bonus shall be earned for the provision of such units. Dwelling units constructed or with respect to which a zoning permit has been issued prior to the establishment of this Philadelphia Chinatown Overlay District shall not be included in any calculation pursuant to § 14-702(7)(b).
(.2) Any development that meets either of the following conditions will not be required to meet the requirements of subsection (.1), above:
(.a) The Department of Planning and Development has certified that fifty-one percent (51%) or more units will meet the definition of “Affordable Housing Property” under § 7-202(1); or
(.b) The Residential Housing Project is otherwise subject to a recorded instrument such that average monthly costs for all rental units may not exceed the standards described under § 14-702(7)(a)(.1)(.a).
(4) Development Standards.
(a) Retail and Commercial Space Controls.
Eating and Drinking Establishment uses may not occupy more than 3,000 sq. ft. of gross floor area.
(b) Building Heights.
(.1) The minimum building height shall be 25 feet.
(.2) For properties that are in CMX-3, CMX-4, and RMX-3 zoning districts, the maximum building height shall be 65 feet unless additional building height has been earned pursuant to § 14-702 (Floor Area, Height, and Dwelling Unit Density Bonuses), subject to the provisions of subsection (c), below.
(c) Bonus Eligibility.
(.1) No Floor Area or height bonuses may be earned except for those earned by meeting the requirements of § 14-702(7) (Mixed Income Housing).
(.2) A property may earn one or more bonuses pursuant to the provisions of § 14-702(7) (Mixed Income Housing) only by exceeding the requirements of § 14-543(3)(b) (Inclusionary Housing), above. Any unit used to satisfy the requirements of § 14-543(3)(b) may not be used to earn a bonus under § 14-702(7).
(.3) Notwithstanding the provisions of § 14-702(7)(c)(.1), properties in the /PCH, Philadelphia Chinatown Overlay District may take advantage of Mixed-Income Housing bonuses multiple times and may earn bonuses under both the low-income and moderate-income standards.
(.4) A property that earns a floor-area bonus pursuant to § 14-702 (Floor Area, Height, and Dwelling Unit Density Bonuses) shall also earn the equivalent height bonus pursuant to that Section. However, the affordable housing units provided may only be used to earn a single set of floor area and height bonuses.
(5) Parking.
Accessory parking lots are prohibited in the /PCH, Philadelphia Chinatown Overlay District.
(6) Signs.
Non-accessory signs are prohibited in the /PCH, Philadelphia Chinatown Overlay District.
(1) Applicability.
The requirements of this /CSI, CSI Forensic Laboratory Overlay District apply to all properties zoned CMX-3, Commercial Mixed-Use within the area bounded by Powelton Avenue, Preston Street, Filbert Street, and 41st Street, and notwithstanding all other applicable sections of this Code.
(2) Supplemental Use Regulations.
(a) Non-Accessory Parking.
Non-Accessory parking is permitted on the ground floor of any parking garage structure.
(3) Development Standards.
(a) Building Setback Line.
The side yard requirements of the CMX-3 zoning district shall not apply.
(b) Fencing and Walls.
Fences on any side of a corner lot building within this overlay may be no more than eight feet in height.
(4) Parking.
(a) Notwithstanding the provisions of § 14-803(2)(b), Table 14-803-1: Dimensional Standards for Parking Spaces and Aisles, the following applies:
Parking Angle/Type
|
Min. Stall Width (ft.) [1] | Min. Stall Depth (ft.) [2] | Minimum Aisle Width (ft.) [5] |
Regular Space – 75 degrees | 8.5 | 18 | 18 |
(b) Design Standards for Garage Structures.
Garage structures along any street frontage, a parking garage shall have no more than two curb cuts for both ingress and egress, the maximum width of which shall not exceed 26 ft.
(c) Bicycle Parking.
Bicycle parking is not required for any parking garage structure.
(d) Signs.
Accessory wall signs shall be permitted provided the sign face shall not extend higher than the height of the building facade to which the sign is attached.