Philadelphia City Zoning Code

CHAPTER 14

700. DEVELOPMENT STANDARDS

(1) General Provisions.

(a) Applicability.

All primary and accessory structures must comply with the dimensional standards in this (§ 14-701). These dimensional standards may be further limited or modified by other applicable sections of this Zoning Code. General rules for measurement are in § 14-202 (Rules of Measurement).

(b) Dimensional Tables.

Basic dimensional standards for Residential, Commercial, and Industrial districts are listed in Tables 14-701-1 through 14-701-4. Dimensional standards for special purpose districts are included in § 14-404 (SP-INS, Institutional (Special Purpose) District) through § 14-408 (SP-AIR, Airport (Special Purpose) District).

Where any block frontage on one side of a street is divided into two or more districts, no structure shall be erected nearer to the street line than is permitted under the regulations for the district that covers the largest percentage of the street frontage on that block face.

(d) Requirements for Lots with Multiple Street Frontages.

For a lot fronting on more than one street, each street frontage shall be considered a front. The front yard requirements of the zoning district shall apply to those street frontages and the following side yard, rear yard, and primary frontage requirements shall apply. In all circumstances, the requirements for minimum open area and maximum occupied area remain the same. (See figure below for illustrative purposes only).

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(.1) Properties Bounded by Two Streets.

When a property is bounded by two streets:

(.a) That constitute a corner, one of the remaining lot lines shall be deemed a side and the other remaining lot line shall be deemed a rear. Where the determination of side and rear lot lines is necessary for L&I to approve or deny a zoning permit application, the Commission shall determine the side and rear lot lines based on the orientation of the lot, orientation of the primary structure, orientation of the structures on adjacent lots, orientation of structures with frontage on the same blockface, the street type designation of the bounding streets, or any additional criteria stated in the regulations of the Commission for the purposes of clarifying or implementing this determination.

(.b) That are opposite each other, the remaining two property lines shall be considered sides and the side yard requirements of the zoning district shall apply to the remaining lot lines. The rear yard requirements of the zoning district shall not apply.

(.2) Properties Bounded by Three or More Streets.

When a property is bounded by three or more streets, the remaining lot line shall be considered a rear. The rear yard requirements of the zoning district shall apply to that lot line, except a rear yard is not required for attached buildings or semi-detached buildings but the requirements for lot coverage and open space remain the same. The side yard requirements of the zoning district shall not apply.

(.3) Properties Completely Surrounded By Streets.

When a property is completely surrounded by streets, only the front yard requirements of the zoning district shall apply.

(.4) Primary Frontage.

(.a) When necessary to apply certain provisions of this Zoning Code, properties bounded by two or more streets shall have at least one street frontage designated as a primary frontage by the Commission.

(.b) The Commission shall determine which street frontages shall be designated as a primary frontage based on the orientation of the primary structure, the orientation of the structures on adjacent lots, the orientation of other structures with frontage on same block face, the street type designation of the bounding street, or any additional criteria stated in the regulations of the Commission for the purposes of clarifying or implementing this determination.

(.c) The primary frontage designation shall only apply to those provisions of this Zoning Code where specified, otherwise the front yard and front setback requirements of this Zoning Code shall apply.

(e) Using the Dimensional Tables.

All primary and accessory structures are subject to the dimensional standards set forth in the following tables.

(.1) "Y" indicates that the building type is permitted, subject to compliance with the dimensional standards set forth in the table.

(.2) "N" indicates that the building type is prohibited.

(.3) "S" indicates that the building type may be allowed if reviewed and approved in accordance with the special exception procedures of § 14-303(7) (Special Exception Approval).

(.4) A number in brackets (e.g., "[2]") is a reference to a table note that contains supplemental standards or other explanatory information. Table notes are found in § 14-701(2)(b) (Notes for Table 14-701-1); § 14-701(2)(c) (Notes for Table 14-701-2); § 14-701(3)(a) (Notes for Table 14-701-3); and § 14-701(4)(a) (Notes for Table 14-701-4).

(.5) Cross-references to other sections of this Zoning Code are indicated by the word "see" and a specific section number.

(2) Residential District Dimensional Tables.

(a) General Street Frontage Requirements for All Residential Districts.

A lot in a Residential zoning district shall have a minimum street frontage as follows:

(.1) For Residential zoning districts with a minimum lot width requirement, the lot shall have a street frontage not less than two-thirds of the minimum lot width required for the subject zoning district.

(.2) For all other Residential zoning districts, the lot shall have a street frontage not less than two- thirds of the width of the lot at its widest point.

(a.1) Reserved.

(b) Notes for Table 14-701-1.

[1] In the RSA-4 district, a group of attached buildings shall contain a maximum of four buildings, including the semi-detached buildings at either end of the group. Each semi-detached building at the end of a group shall comply with the following:

(.a) The minimum lot width shall be 30 ft.

(.b) The minimum lot area shall be 2,700 sq. ft.

(.c) The minimum required side yard width shall be a minimum average of 12 ft., not less than 8 ft. at any point.

[2] In the RSA-5 district, 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] In the RSA-5 and RSA-6 districts, buildings on lots equal to or less than 45 ft. in depth are exempt from the maximum occupied area requirement.

[4] If abutting lots on both sides of an attached building contain only two stories of enclosed area, the stories above the second story of the attached house shall be set back an additional eight ft. from the minimum distance between the front facades and the front lot line required by § 14-701(2)(b)[5] below; except this requirement shall not apply to corner lots.

[5] In the RSA-5 and RSA-6 districts, front facades shall comply with the following:

(.a) On any given street, the distance between the front facade and the front lot line shall be no greater than the distance between the front facade and the front lot line of the principal building on the immediately adjacent lot on such street with the greater distance between its front facade and its front lot line; and 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 on such street with the lesser distance between its front facade and its front lot line.

(.b) On any given street, 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.

(.c) 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 the front facade requirements of (.a) and (.b) above.

[6] Number of required yards/required width (ft). "Each" identifies that each yard must meet the required minimum size. Where each yard size is not identified, table identifies total required yard.

[7] In the RSA-5 district, the minimum rear yard depth for lots equal to or less than 45 ft. in depth shall be 7 ft.

[8] In the RSA-1, RSA-2, and RSA-3 districts, side yards shall comply with the following:

(.a) For lots bounded on only one side by the side or rear yard of a semi-detached or detached structure, any structure must be constructed with a side yard that adjoins that side and that meets this minimum size.

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(.b) For lots bounded on both sides by the side or rear yards of semi-detached or detached structures, a semi-detached structure is not permitted. Any detached structure must be constructed as stated in § 14-701(2)(b)[9].

(.c) For lots that are not bounded on any side by the side or rear yard of a semi-detached or detached structure, any structure must be constructed with a side yard that fully meets this minimum size on either side.

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[9] In the RSA-1, RSA-2, and RSA-3 districts, for lots bounded on both sides by the side yard of a semi-detached structure, any detached structure must be constructed with a side yard on both sides, each with at least fifty percent (50%) of the minimum semi-detached side yard width required for permitted residential uses.

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[10] In the RSA-6 district, parapet walls on the front and rear facades may only extend 8 in. above the maximum height. The maximum height shall be 35 ft. if any of the following conditions apply, provided that the maximum height shall be 38 ft. if no roof deck access structures are included on the lot and any of the following conditions apply:

(.a) The lot has an area of 960 sq. ft. or greater;

(.b) The applicant records an instrument, or instruments, in favor of the City, in substance satisfactory to the Department of Planning and Development and in form satisfactory to the Law Department, committing to maintain the property as affordable, as defined in § 14-702(7)(a)(.1) and as regulated by § 14-702(7)(b)(.2) and § 14-702(7)(e); or

(.c) The applicant demonstrates that at least thirty percent (30%) of lots on the same block face as the primary frontage of the applicant's property have either:

(.i) No structures; or

(.ii) A structure with a height of at least 30 feet (not including roof deck access structures, parapets, balustrades, or solar collectors).

[11] In the RTA-2 district, the maximum number of stories is three.

Table 14-701-1: Dimensional Standards for Lower Density Residential Districts

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Previous District Name	R1	R1A	R2	R3	R4	R5	R6/7	R9A/10A	New	R5A	New
District Name	RSD-1	RSD-2	RSD-3	RSA-1	RSA-2	RSA-3	RSA-4	RSA-5	RSA-6	RTA-1	RTA-2
See § 14-701(2)(b) (Notes for Table 14-701-1) for information pertaining to bracketed numbers (e.g., "[2]") in table cells.
		Denotes building type not permitted or zoning requirements not applicable.

Previous District Name	R1	R1A	R2	R3	R4	R5	R6/7	R9A/10A	New	R5A	New
District Name	RSD-1	RSD-2	RSD-3	RSA-1	RSA-2	RSA-3	RSA-4	RSA-5	RSA-6	RTA-1	RTA-2
See § 14-701(2)(b) (Notes for Table 14-701-1) for information pertaining to bracketed numbers (e.g., "[2]") in table cells.
		Denotes building type not permitted or zoning requirements not applicable.
Lot Dimensions
Min. Lot Width (ft.)	75	65	50	50	35	25	18 [1]	16	14	25	16
Min. Street Frontage as taken from the front lot line (ft.)
Min. District Area (acres)
Min. Lot Area (sq. ft.)	10,000	7,800	5,000	5,000	3,150	2,250	1,620 [1]	960 [2]	700	2,250	1,080
Max. Occupied Area (% of lot)	35	35	30	30	40	50	50	Intermediate: 75; Corner: 80 [3]	80[3]	50	Intermediate: 75; Corner: 80
Front Yard Depth
Minimum (ft)	35	35	25	25	15	8	15	[4][5]	[4][5]	8	[4][5]
Minimum Side Yard Width [6], Permitted Residential Uses as set forth in § 14-602
Detached, Intermediate Lot (ft.)	2/15 each	2/10 each	2/10 each, 25 total	2/10 each, 25 total [8][9]	2/8 each [8][9]	2/8 each [8][9]	2/8 each	2/5 each	2/5 each	2/8 each	2/5 each
Detached, Corner Lot (ft.)	15	10	7	7	6	8	6	5	5	8	5
Semi-Detached (ft.)				25 [8]	16 [8]	8 [8]	8 [1]	5	5	8	5
Attached (ft.)							[1]
Minimum Side Yard Width [6], Permitted Nonresidential Uses as set forth in § 14-602
Detached, Intermediate Lot (ft.)			2/15 each	2/15 each	2/10 each	2/8 each	2/8 each	2/8 each	2/8 each	2/8 each	2/8 each
Detached, Corner Lot (ft.)			15	15	10	8	6	8	8	8	8
Rear Yard
Min. Depth (ft.)	30	30	25	25	20	Single-Family 15; other 20	Single-Family 20; other 25	9 [7]	7	Single-Family 15; Other 20	7
Height
Maximum (ft.)	38	38	38	38	38	38	38	38	25 [10]	38	35 [11]

[1] In the RM-1 district, a lot containing at least 1,920 sq. ft. of land may be divided into lots with a minimum lot size of 960 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; and

(.b) Each of the lots created meets the minimum lot width requirement of the zoning district.

[2] In the RM-1 district, buildings on lots less than 45 ft. in depth are exempt from the maximum occupied area requirement.

[3] The occupied area shall constitute no more than fifty percent (50%) of the master plan area, except that for land containing historically significant structures, occupied area shall constitute no more than seventy-five percent (75%) of the master plan area.

[4] Open air parking shall be included in the maximum occupied area measurement in the RMX-1 and RMX-2 district.

[5] If abutting lots on both sides of an attached building contain only two stories of enclosed area, stories above the second story of the attached house shall be set back an additional eight ft. from the minimum distance between the front facade and the front lot line described in § 14-701(2)(b)[6] below; except this requirement shall not apply to corner lots.

[6] In the RM-1 district, front facades shall comply with the following:

(.b) On any given street, 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 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.

[7] For lot lines other than street lines, the minimum setback for structures from each lot line shall be equal to 3/4 of the height of the structure. For lot lines that are street lines, the minimum setback for structures, for the purposes of this subsection, shall be measured from the centerline of that street and shall be equal to 3/4 of the height of the structure.

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[8] Number of required yards/required width (ft). "Each" identifies that each yard must meet the required minimum size. Where each yard size is not identified, table identifies total required yard.

[9] In the RM-1 district, lots less than 45 ft. in depth shall be exempt from rear yard area requirements but shall provide a minimum rear yard depth of 7 ft.

Table 14-701-2: Dimensional Standards for Higher Density Residential Districts

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Previous District Name	R8/9/10/10B/18/19	R11/11A/ 12/13	R14	R15/R16	RC-6	WRD/ITD	RC-4
District Name	RM-1	RM-2	RM-3	RM-4	RMX-1	RMX-2	RMX-3
See § 14-701(2)(c) (Notes for Table 14-701-2) for information pertaining to bracketed numbers (e.g., "[2]") in table cells.
		Denotes building type not permitted or zoning requirements not applicable.

Previous District Name	R8/9/10/10B/18/19	R11/11A/ 12/13	R14	R15/R16	RC-6	WRD/ITD	RC-4
District Name	RM-1	RM-2	RM-3	RM-4	RMX-1	RMX-2	RMX-3
See § 14-701(2)(c) (Notes for Table 14-701-2) for information pertaining to bracketed numbers (e.g., "[2]") in table cells.
		Denotes building type not permitted or zoning requirements not applicable.
District and Lot Dimensions
Min. Lot Width (ft.)	16	50	50	20
Min. Street Frontage as taken from the front lot line (ft.)					50
Min. District Area (acres)					2	1
Min. Lot Area (sq. ft.)	1,440 [1]	15,000	10,000	2,500
Max. Occupied Area (% lot area, except as otherwise provided)	Intermediate: 75; Corner: 80 [2]		50	Intermediate: 75; Corner: 80	[3][4]	75% of district area [4]	Buildings ≤ 5 stories with 1 or more dwelling units: 90; Others: 100
Front Yard Depth
Minimum (ft.)	[5][6]	[7]	20
Minimum Side Yard Width [8], Permitted Residential Uses as set forth in § 14-602
Single- or Two-family Detached, Intermediate Lot (ft.)	2/5 each	[7]	2/8 each	2/5 each			If used: Buildings ≤ 4 stories with three or fewer dwelling units = 5; Others = 8
Single- or Two-Family Detached, Corner Lot (ft.)	5	[7]	6	5
Single- or Two-Family Semi-Detached (ft.)	5	[7]	10	5
Multi-Family, Detached (ft.)	2/5 each	[7]	2/8 each	2/5 each
Multi-Family, Detached Corner Lot (ft.)	8	[7]	8	5
Multi-Family, Semi-Detached (ft.)	12	[7]	16	5
Minimum Side Yard Width [8], Permitted Nonresidential Uses as set forth in § 14-602
Intermediate Lot (ft.)	2/12 each	[7]	2/8 each	2/5 each			If used: Buildings ≤ 4 stories with three or fewer dwelling units = 5; Others = 8
Corner Lot (ft.) [1]	12	[7]	8	5
Rear Yard
Min. Depth (ft.)	9 [9]	[7]	20	5 if used
Min. Area (sq. ft.)	144 [9]	[7]
Height
Maximum (ft.)	38 [5]
Floor Area Ratio
Maximum Floor Area (% of lot area, except as otherwise provided)	No Limit	70	150	350	150 of district area, excluding streets	250 of district area, excluding streets	500

(3) Commercial Districts Dimensional Table.

(a) Notes for Table 14-701-3.

[1] Except with respect to front yard depths, as provided in Table Note [3], below, all buildings in any CMX-1 district shall be governed by the dimensional standards of the most restrictive adjacent district; provided, however, that when that building is attached to another building that is in another district, the dimensional standards (other than front setback requirements) of the other district shall apply.

[2] The maximum floor area ratio for lots zoned CMX-5 located within the boundaries of the Center City/University City Floor Area Ratio Map is increased to one thousand six hundred percent (1,600%) of lot area.

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[3] In the CMX-1 district, front yard depths shall comply with the following:

(.a) On any given street, the front yard depth shall be no deeper than the front yard depth of the principal building on the immediately adjacent lot on such street with the deepest front yard depth; and shall be no shallower than the front yard depth of the principal building on the immediately adjacent lot on such street with the shallowest front yard depth.

(.b) On any given street, if there is no principal building on an immediately adjacent lot, then the front yard depth shall match the front yard depth on the closest building to the subject property that is on the same blockface. If there is no such building, the minimum front yard depth shall be zero.

(.c) 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 the front yard depth requirements of (.a) and (.b) above.

[4] In the CMX-2.5 district, buildings must be built to the lot line of any primary frontage, as designated in § 14-701(1)(d)(.4) (Primary Frontage).

Table 14-701-3: Dimensional Standards for Commercial Districts

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Previous District Name	C1	C2/RC2	Commercial Corridor Overlays	C3/RC3	C4 C5	C7/NSC	ASC
District Name	CMX-1	CMX-2	CMX-2.5	CMX-3	CMX-4/CMX-5	CA-1	CA-2
See § 14-701(3)(a) (Notes for Table 14-701-3) for information pertaining to bracketed numbers (e.g., "[2]") in table cells.

Previous District Name	C1	C2/RC2	Commercial Corridor Overlays	C3/RC3	C4 C5	C7/NSC	ASC
District Name	CMX-1	CMX-2	CMX-2.5	CMX-3	CMX-4/CMX-5	CA-1	CA-2
See § 14-701(3)(a) (Notes for Table 14-701-3) for information pertaining to bracketed numbers (e.g., "[2]") in table cells.
		Denotes zoning requirements not applicable
District and Lot Dimensions
Min. District Area (sq. ft.)							80,000
Min. Street Frontage as taken from the front lot line (ft.)	[1]					50	100
Min. Lot Width (ft.)	[1]
Min. Lot Area (sq. ft.)	[1]					5,000	15,000
Max. Occupied Area (% of lot)	[1]	Intermediate: 75 Corner: 80	Intermediate: 75 Corner: 80	Intermediate: 75 Corner: 80	Buildings 5 stories with 1 or more dwelling units: 90; Others: 100	60	100
Yards
Min. Front Yard Depth (ft.)	[1][3]		[4]
Min. Side Yard Width, Each (ft.)	[1]	5 if used	5 if used	8 if used for buildings containing dwelling units	If used: Buildings 4 stories with three or fewer dwelling units = 5; Others = 8	5 if used
Min. Rear Yard Depth (ft.)	[1]	The greater of 9 ft. or 10% of lot depth	The greater of 9 ft. or 10% of lot depth			5 if used
Height
Max. Height (ft.)	[1]	38	55			38	38
Min. Cornice Height (ft.)	[1]		25
Floor Area Ratio
Max. Floor Area (% of lot area)	[1]			500	CMX-4: 500 CMX-5: 1,200 [2] See also § 14-701(5) (CMX-4 and CMX-5 Bulk and Massing Controls)

(4) Industrial District Dimensional Table.

(a) Notes for Table 14-701-4.

[1] Reserved.

[2] Reserved.

[3] Where the lot abuts a residential district, front yards, side yards, and rear yards shall be provided on the lot on the sides abutting the residential districts. The minimum requirements for those yards shall be either those for the industrial district, or those for the residential district on the abutting side, whichever is larger.

[4] In the IRMX district, 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 60 ft.

[5] In the IRMX district, 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, but not both, as follows:

(.a) The maximum occupied area as a percentage of the lot shall be eighty-five percent (85%) for intermediate lots and ninety percent (90%) for corner lots; or

(.b) The maximum height shall be 72 ft., subject to compliance with table note [4], 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 60 ft. in height.

Table 14-701-4: Dimensional Standards for Industrial Districts

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Previous District Name	New District	L4/L5	L1/L2/L3	G1/G2	LR	PI
District Name	IRMX	ICMX	I-1	I-2	I-3	I-P [2]

Previous District Name	New District	L4/L5	L1/L2/L3	G1/G2	LR	PI
District Name	IRMX	ICMX	I-1	I-2	I-3	I-P [2]
See § 14-701(4)(a) (Notes for Table 14-701-4) for information pertaining to bracketed numbers (e.g., "[2]") in table cells.
		Denotes zoning requirements not applicable
Lot Dimensions
Max. Occupied Area (% of lot)	Intermediate: 75 Corner: 80 [5]	100	100	100	100	100
Yards
Min. Front Yard Depth (ft.)	0 [3]	0 [3]	0 [3]	0 [3]	0 [3]	0 [3]
Min. Side Yard Width, Each (ft.)	0 [3]	8 if used [3]	8 if used [3]	6 if used [3]	If used: Buildings 4 stories = 6; Others = 8 [3]	0 [3]
Min. Rear Yard Depth (ft.)	0 [3]	8 if used [3]	8 if used [3]	8 if used [3]	8 if used [3]	0 [3]
Height
Max. Height (ft.)	60 [4] [5]	60	60 if abutting a Residential or SP- PO district; otherwise no limit	60 if abutting a Residential or SP- PO district; otherwise no limit	60 if abutting a Residential or SP- PO district; otherwise no limit	60 if abutting a Residential or SP- PO district; otherwise no limit
Floor Area Ratio
Max. Floor Area (% of lot area)	500	500	500	500	500

(5) CMX-4 and CMX-5 Bulk and Massing Controls.

(a) Applicability.

(.1) Buildings on CMX-4 and CMX-5 lots shall demonstrate compliance with this § 14-701(5) (CMX-4 and CMX-5 Bulk and Massing Controls) using either Option A (Sky Plane Controls), as provided in § 14-701(5)(b), or Option B (Open Area, Building Width, Spacing, and Height Controls), as provided in § 14-701(5)(c).

(.2) If a building is subject to the provisions of both § 14-701(5)(b) and § 14-701(5)(c), the applicant may choose to demonstrate compliance in accordance with either option.

(.3) If a building is subject to the provisions of § 14-701(5)(c) only, then the building shall comply with § 14-701(5)(c).

(.4) When the bulk and massing standards of this § 14-701(5) conflict with the floor area ratio standards of § 14-701(3) (Commercial Districts Dimensional Table), the stricter standard shall govern.

(b) Option A: Sky Plane Controls.

The bulk and massing provisions of this § 14-701(5)(b) apply to any lot frontage facing a street 50 ft. or more in width, except for lots that are located across a street from a public park and where the distance from the lot frontage to the furthest boundary of the public park is greater than 200 ft. The street width shall be the width of the right-of-way as confirmed on the City Plan of streets.

(.1) Sky Plane Standards.

(.a) For the purposes of this § 14-701(5)(b) (Option A: Sky Plane Controls), the term "sky plane" shall mean the set of building bulk and massing that allows visibility of the sky from sidewalk level.

(.b) Buildings may occupy one hundred percent (100%) of the lot area below the height threshold for that street as shown in Column B of Table 14-701-5.

(.c) Any portion of a building above the height thresholds listed in Column B of Table 14-701-5 is subject to form controls that limit its massing and bulk in relation to its context so that specific amounts of sky visibility are retained.

(.d) Within each interval of building height shown in Column C of Table 14-701-5, the building may not block more than the percentage of sky plane shown in Column D of Table 14-701-5.

(.e) Sky plane is calculated in relation to a viewing line located at grade at the center of the relevant street and a vertical plotting plane located at the building line. The regulations of the Commission shall contain the method for calculating percentage block of the sky plane, as well as detailed information on materials to be submitted to demonstrate compliance with sky plane requirements (which shall include a signed and sealed statement from a licensed architect certifying compliance with sky plane requirements).

(.f) If two or more building frontages are subject to the provisions of this § 14-701(5) (CMX-4 and CMX-5 Bulk and Massing Controls), then the sky plane limits in Table 14-701-5 of the widest street fronting the lot shall apply to each facade. For example, if a lot has frontage on one street that is 70 ft. wide and a second street that is 60 ft. wide, both frontages must comply with the sky plane requirements applicable for a street 70 ft. wide.

(.g) If three or more building frontages are subject to the provisions of this § 14-701(5) (CMX-4 and CMX-5 Bulk and Massing Controls) then as an alternative to subsection (.d), above, the building's average of sky plane blockage at each regulated height level of all frontages subject to the sky plane provisions may be used to demonstrate compliance with the allowed blockage of sky plane in Column D of Table 14-701-5.

(.h) L&I shall not issue a zoning permit unless the Commission has determined compliance with this § 14-701(5)(b) (Option A: Sky Plane Controls).

Table 14-701-5: Sky Plane Requirements by Street

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A. Regulated Street Frontage	B. Height Threshold (ft. above sidewalk)	C. Regulated Height Interval (ft. above sidewalk)	D. Allowed Blockage of Sky Plane
50 - 59 ft. wide streets	65	>575	0%
		285 - 575	60%
		150 - 285	70%
		90 - 150	80%
		65 - 90	85%
		<65	100%
60 - 69 ft. wide streets	80	>690	0%
		340 - 690	60%
		175 - 340	70%
		115 - 175	80%
		80 - 115	85%
		<80	100%
70 - 79 ft. wide streets	100	>825	0%
		415 - 825	60%
		200 - 415	70%
		135 - 200	80%
		100 - 135	85%
		<100	100%
80 - 89 ft. wide streets	110	>920	0%
		460 - 920	60%
		225 - 460	70%
		150 - 225	80%
		110 - 150	85%
		<110	100%
90 - 99 ft. wide streets	120	>1030	0%
		510 - 1030	60%
		255 - 510	70%
		170 - 255	80%
		120 - 170	85%
		<120	100%
100 ft. and wider streets	125	>1145	0%
		570 - 1145	60%
		285 - 570	70%
		190 - 285	80%
		125 - 190	85%
		<125	100%

(.2) Chestnut Street and Walnut Street Regulations.

The maximum width of a building frontage located along Walnut Street or Chestnut Street shall be 100 ft. for corner lots and 60 ft. for intermediate lots.

(.1) Open Area Above Ground Level.

The following standards apply to all CMX-4 and CMX-5 lots. All height measurements shall include mechanical space:

(.a) The maximum lot coverage of buildings for the first 65 ft. of building height shall be one hundred percent (100%).

(.b) The maximum lot coverage for portions of buildings above 65 ft. and up to 300 ft. in height shall be seventy-five percent (75%) of the lot.

(.c) The maximum lot coverage for portions of buildings above 300 ft. and up to 500 ft. in height shall be fifty percent (50%) of the lot. As an alternative, buildings over 300 ft. and up to 500 ft. in height may be constructed so that the average lot coverage of the building above 65 ft. shall not exceed sixty percent (60%) of the lot.

(.d) The maximum lot coverage for portions of buildings above 500 ft. and up to 700 ft. in height shall be forty percent (40%) of the lot. As an alternative, buildings over 500 ft. and up to 700 ft. in height may be constructed so that the average lot coverage of the building above 65 ft. shall not exceed fifty percent (50%) of the lot.

(.e) The maximum lot coverage for portions of buildings, including mechanical space, above 700 ft. in height shall be thirty percent (30%) of the lot. As an alternative, buildings over 700 ft. in height may be constructed so that the average lot coverage of the building above 65 ft. shall not exceed forty percent (40%) of the lot.

(.2) John F. Kennedy Boulevard Regulations.

(.a) For buildings located within 90 ft. south of the south side of John F. Kennedy Boulevard between 15th Street and 24th Street:

(i) The minimum distance between buildings, from a height 65 ft. or greater, shall be 75 ft.

(ii) Along any lot line which is not a street line and which is parallel to any numbered street, the minimum distance between the building, from a height of 65 ft. or greater, and that lot line shall be 37.5 ft.

(.b) For buildings located within 90 ft. south of the south side of John F. Kennedy Boulevard between 15th Street and the Schuylkill River, the maximum width of the building frontage along John F. Kennedy Boulevard for portions of buildings above 65 ft. in height shall be the lesser of 250 ft. or sixty-six percent (66%) of the block frontage along John F. Kennedy Boulevard.

(.c) For lots fronting on the south side of John F. Kennedy Boulevard between 15th Street and the Schuylkill River with a second frontage along a numbered street or Juniper Street, the maximum building height along the second frontage for the first 15 ft. of building closest to that street frontage shall be 65 ft.

(.3) Market Street Regulations.

(.a) For buildings located within 90 ft. south of the south side of Market Street between 15th Street and 24th Street:

(i) The minimum distance between buildings, from a height 65 ft. or greater, shall be 75 ft.

(.b) For buildings located within 90 ft. south of the south side of Market Street between 15th Street and the Schuylkill River, the maximum width of the building frontage along John F. Kennedy Boulevard for portions of buildings above 65 ft. in height shall be the lesser of 250 ft. or sixty-six percent (66%) of the block frontage along Market Street.

(.c) For lots fronting on the south side of Market Street between Front Street and the Schuylkill River with a second frontage along a numbered street or Juniper Street, the maximum building height along the second frontage for the first 15 ft. of building depth shall be 65 ft.

(.4) Chestnut Street Regulations.

The following standards apply to lots fronting on the south side of Chestnut Street between Front Street and the Schuylkill River:

(.a) The maximum width of a building frontage along Chestnut Street shall be 100 ft. for corner lots and 60 ft. for intermediate lots.

(.b) Except within 130 ft. east of the east side of Broad Street or within 130 ft. west of the west side of Broad Street, the maximum building height shall be 50 ft. This height limit may be increased to a maximum height of 320 ft. by increasing the height one foot for each foot the building sets back (i.e. along a 45 degree recession plane) from the street line.

(.5) Sansom Street Regulations.

The following standards apply to lots with frontage on 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.

(.a) The maximum building height shall be 320 ft. including mechanical space.

(.b) The maximum width of a building frontage along Sansom Street shall be 100 ft. for corner lots and 60 ft. for intermediate lots.

(.c) The first 10 ft. of lot depth from the Sansom Street frontage shall have a maximum height of 55 ft.

(.6) Walnut Street Regulations.

The following standards apply to lots fronting on Walnut Street between Front Street and the Schuylkill River:

(.a) The maximum width of a building frontage along Walnut Street shall be 100 ft. for corner lots and 60 ft. for intermediate lots.

(.b) On the north side of Walnut Street, except within 130 ft. east of the east side of Broad Street or within 230 ft. west of the west side of Broad Street, the maximum building height shall be 320 ft.

(.c) On the south side of Walnut Street, except within 130 ft. east of the east side of Broad Street or within 230 ft. west of the west side of Broad Street, the maximum building height shall be 50 ft. This height limit may be increased to a maximum height of 260 ft. by increasing the height one foot for each foot the building sets back (i.e. along a 45 degree recession plane) from the street line.

(.7) Locust Street Regulations.

The following standards apply to lots fronting on Locust Street between Front Street and the Schuylkill River:

(.a) The maximum width of a building frontage along Locust Street shall be 100 ft. for corner lots and 60 ft. for intermediate lots.

(.b) On the north side of Locust Street, except within 100 ft. east of the east side of Broad Street or within 230 ft. west of the west side of Broad Street, the maximum building height shall be 260 ft.

(.c) On the south side of Locust Street, except within 100 ft. east of the east side of Broad Street or within 230 ft. west of the west side of Broad Street, the maximum building height shall be 50 ft. This height limit may be increased to a maximum height of 260 ft. by increasing the height one foot for each foot the building sets back (i.e., along a 45 degree recession plane) from the street line.

(.8) Spruce Street Regulations.

The following standards apply to lots fronting on Spruce Street between Front Street and the Schuylkill River:

(.a) The maximum width of a building frontage along Spruce Street shall be 100 ft. for corner lots and 60 ft. for intermediate lots.

(.b) On the north side of Spruce Street, except within 100 ft. east of the east side of Broad Street or within 230 ft. west of the west side of Broad Street, the maximum building height shall be 260 ft.

(6) Exceptions to Dimensional Standards.

The items listed in Table 14-701-6 are exceptions to the dimensional standards otherwise applicable under this § 14-701 (Dimensional Standards). In the case of exceptions to yard, setback, and open space requirements, the areas occupied by the encroachments will not be considered to reduce the amount of open space provided.

Table 14-701-6: Exceptions to Dimensional Standards

{For printable PDF version, click HERE}

Exceptions to Height Limits
Type of District	Permitted Encroachment
All Districts	Balustrades and parapet walls may extend above the height limits up to 42 in.
All Districts	Solar collectors and related support structures may extend above the height limits up to 9 ft.; see § 14-604(7) (Solar Collectors).
Residential Districts	Monuments, belfries, cupolas, minarets, pinnacles, gables, spires, chimneys, radio or television antennas, fire walls, or ornamental towers not for human occupancy.
	Towers of mechanical or structural necessity where the cross-section area of the tower at no point exceeds 20% of the gross floor area of the ground floor of the building.
	Vegetated roof structures (e.g. containers and other permanent infrastructure) that do not extend more than 30 in. above the height limit.
	Wind energy conversion systems: see § 14-604(6) (Small Wind Energy Conversion Systems).
	A roof deck and associated railings, fencing, and access structures: see § 14-604(5) (Roof Decks).
Commercial, Industrial, and Special Purpose districts, when attached to principal building	Chimneys.
	Fire escape towers.
	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.
	Fire walls.
	Radio, wireless, and television aerials.
	Flagpoles.
	Airplane beacons.
	Wind energy conversion systems; see § 14-604(6) (Small Wind Energy Conversion Systems).
	Vegetated roofs structures (e.g. containers and other permanent infrastructure) that do not extend more than 5 ft. above the height limit.
Exceptions to Yard, Setback, and Open Area Requirements
Type of District	Permitted Encroachment
Residential Districts	Fences are permitted in required front yard areas, but any fence located within a required front setback area shall be no more than 4 ft. tall and no more than 50% opaque. Fence posts and gate posts that are included as architectural features are permitted up to 6 ft. in height. This standard shall also apply to any side of a corner lot facing a street.
	Fences are permitted in the required rear yard area and in any portion of the required side yard area behind the front wall of the principal structure, but may not be more than 6 ft. tall. This standard shall also apply to any side of a corner lot that does not face a street.
	Retaining walls are subject to the restrictions on fence heights to the extent that those walls protrude above the actual ground level at the highest point of the wall, but shall not apply to any retaining wall required by the provisions of any section of The Philadelphia Code or related regulations.
	Entranceway covers, canopies, and awnings may project into required front or rear yard areas up to 5 ft., and may project into required side yard areas up to 3 ft.
	Porches may encroach into the required front setback in RSA-5, RSA-6, and RM-1 districts.
	Balustrades, chimneys, cornices, and vents may project into required front, side, or rear yard or setback areas up to 24 in.
	Pilasters may project into required front, side, or rear yard or setback areas up to 18 in.
	Moldings and belt courses may project into required front, side, or rear yard or setback areas up to 12 in.
	Solar energy collectors: see § 14-604(7) (Solar Collectors).
	Wind energy conversion systems; see § 14-604(6) (Small Wind Energy Conversion Systems).
	Geothermal energy equipment, rainwater harvesting barrels, and odorless composting equipment shall be allowed to encroach into required side yards that are at least 5 ft. wide, and into required rear yards, but not within 2 ft. of any side or rear lot line.
Commercial, Industrial, and Special Purpose districts	In all Commercial districts, areas not included in required occupied areas may not be used for permanent storage purposes, but may be used for temporary storage for up to 30 days in each calendar year. Use of areas not included in required occupied areas for storage for more than 30 days in any calendar year shall require approval of the Zoning Board through the special exception procedures of § 14-303(7) (Special Exception Approval).
	Solar energy collectors: see § 14-604(7) (Solar Collectors).
	Wind energy conversion systems; see § 14-604(6) (Small Wind Energy Conversion Systems).
	Geothermal energy equipment, rainwater harvesting barrels, and odorless composting equipment shall be allowed to encroach into required side and rear yard areas in the Commercial, Industrial, and Special Purpose districts, but not within 2 ft. of any side or rear lot line.

(1) Purpose.

The intent of the floor area bonus, building height bonus, and dwelling unit bonus provisions are to encourage certain types of development and the creation of specific amenities in the public interest. These floor area, building height, and dwelling unit bonuses shall be available in the areas listed, and in return for the provision of design or amenities listed.

(2) Eligibility for Floor Area Bonuses.

In order to be eligible for any floor area bonuses pursuant to this section:

(a) The property must be located in the RM-2, RM-3, RM-4, RMX-1, RMX-2, RMX-3, IRMX, CMX-3, CMX-4, or CMX-5 districts, and property located in those districts shall only be eligible for the bonuses indicated for that district in this § 14-702.

(b) If the property is located in the RMX-3, CMX-4, or CMX-5 districts, the property must have frontage on two streets at least 50 ft. wide or three streets at least 20 ft. wide, except for bonuses earned pursuant to § 14-702(7) (Mixed Income Housing), for which these street width requirements shall not apply.

(c) Except for bonuses earned pursuant to § 14-702(7) (Mixed Income Housing), if the property is located in the CMX-3 district, it must be located in:

(.1) The Center City Commercial District Control Area, described in § 14-502(2)(b)(.29) , provided the property must have frontage on two streets at least 50 ft. wide or three streets at least 20 ft. wide;

(.2) The Old City Residential Area, Bridge Approach, described in § 14-502(2)(b)(.17); or

(.3) An area where the Transit Oriented Development (TOD) regulations of § 14-513 apply.

(d) Projects may use more than one bonus option unless specifically stated otherwise in this section.

(e) Property located in the /CDO overlay district or the /ECO overlay district shall be eligible for floor area bonuses, provided that any bonus category used to earn additional floor area shall not be the same as any bonus category used to earn additional height.

(2.1) Eligibility for Height Bonuses.

In order to be eligible for any height bonuses pursuant to this section,

(a) The property must be located in the /ECO overlay district and be subject to the height restrictions of § 14-519(4)(b);

(b) The property must be located in the /CDO overlay district and be subject to the height restrictions of § 14-507(6)(b);

(c) The property must be located in the /RAN overlay district and be subject to the height restrictions of § 14-541(3)(a);

(d) The development must:

(.1) Result in the construction of at least three residential dwelling units;

(.2) Meet the conditions of § 14-702(7) by including affordable units on-site in a quantity that satisfies § 14-702(7)(b)(.1); and

(.3) The property must be located:

(.a) In an RM-1 or CMX-2 zoning district; or

(.b) In a CMX-1 zoning district and be subject to a base height limit of 38 ft. or less; or

(e) The property must be located in the /PCH Philadelphia Chinatown Overlay District.

(2.2) Eligibility for Dwelling Unit Density Bonuses.

In order to be eligible for any dwelling unit density bonuses pursuant to this section, the property must be in an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district.

(3) Floor Area Bonus Options Summary Table.

The following table summarizes the floor area bonus options in this section. In the event of conflict between the provisions of Table 14-702-1 and the text of this Zoning Code, the text shall govern.

Table 14-702-1: Floor Area Bonus Summary

{For printable PDF version, click HERE}

Bonus Category		Additional Gross Floor Area, as Percent of Lot Area (see § 14-701(2) (Residential District Dimensional Tables) and § 14-701(3) (Commercial Districts Dimensional Table) for the maximum allowed base floor area ratios for each district.)
Bonus Category		RM-2	RM-3, RMX-1	RM-4	RMX-2	IRMX	RMX-3	CMX-3 as provided in § 14-702(2)(c) (except in /TOD)	CMX-3 (within /TOD only)	CMX-4	CMX-5
Public Art (§ 14-702(5))		N/A	N/A	N/A	N/A	N/A	N/A	N/A	N/A	50%	100%
Public Space (§ 14-702(6))		N/A	N/A	N/A	N/A	N/A	N/A	N/A	Up to 50%	Up to 200%	Up to 400%
Mixed Income Housing (§ 14-702(7))	Moderate Income	25%	50%	100%	75%	150%	150%	150%	200%	150%	300%
Mixed Income Housing (§ 14-702(7))	Low Income	50%	75%	175%	125%	250%	250%	250%	300%	250%	400%
Transit Improvements (§ 14-702(8))		N/A	N/A	N/A	N/A	N/A	N/A	N/A	Up to 100%	Up to 200%	Up to 400%
Underground Accessory Parking and Loading (§ 14-702(9))		N/A	N/A	N/A	N/A	N/A	100%	N/A	50%	200%	200%
Green Building (§ 14-702(10))		N/A	N/A	N/A	N/A	N/A	N/A	Up to 100%	Up to 100%	Up to 200%	Up to 400%

(3.1) Building Height Bonus Options Summary Table.

The following table summarizes the building height bonus options in this section. In the event of conflict between the provisions of Table 14-702-2 and the text of this Zoning Code, the text shall govern.

Table 14-702-2: Building Height Bonus Summary

{For printable PDF version, click HERE}

Bonus Category		Additional Building Height
Bonus Category		/CDO	/ECO	/PCH	RM-1, CMX-1, CMX-2, CMX-2.5
Public Art (§ 14-702(5))		Up to 12 ft.	Up to 12 ft.	N/A	N/A
Public Space (§ 14-702(6))		Up to 48 ft.	Up to 24 ft.	N/A	N/A
Mixed Income Housing (§ 14-702(7))	Moderate Income	Up to 48 ft.	Up to 48 ft.	Up to 24 ft.	7 ft.
Mixed Income Housing (§ 14-702(7))	Low Income	Up to 60 ft.	Up to 60 ft.	Up to 36 ft.	7 ft.
Transit Improvements (§ 14-702(8))		Up to 72 ft.	N/A	N/A	N/A
Green Building (§ 14-702(10))		Up to 36 ft.	Up to 36 ft.	N/A	N/A
Trail (§ 14-702(11))		Up to 72 ft.	N/A	N/A	N/A
Street Extension (§ 14-702(12))		Up to 72 ft.	N/A	N/A	N/A
Retail Space (§ 14-702(13))		Up to 36 ft.	Up to 48 ft.	N/A	N/A
Stormwater Management (§ 14-702(14))		Up to 36 ft.	Up to 72 ft.	N/A	N/A
Through-Block Connection (§ 14-702(15))		N/A	Up to 48 ft.	N/A	N/A

(4) Maximum Floor Area and Height Bonus Amounts.

(a) If the property is located in the RMX-3 district, the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to one hundred percent (100%) of the lot area.

(b) If the property is located in the CMX-3 district, the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to two hundred fifty percent (250%) of the lot area.

(c) If the property is located in the CMX-4 district, the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to seven hundred percent (700%) of the lot area.

(d) If the property is located in the CMX-5 district the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to eight hundred percent (800%) of the lot area.

(e) If the property is located in the CMX-5 district, and is included in the Center City/University City Floor Area Ratio area (see § 14-701(3) (Commercial Districts Dimensional Table), the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to one thousand two hundred percent (1,200%) of the lot area.

(f) All bonus floor area earned pursuant to this section must be used so that the property (a) complies with all dimensional standards applicable to the property (other than maximum gross floor area or floor area ratio) in § 14-701 (Dimensional Standards), including without limitation the maximum height for the property established in that section, and (b) complies with all other provisions of this Zoning Code, unless a specific exception to one or more of those requirements is listed in this Zoning Code.

(g) All bonus height earned pursuant to this section must be used so that the property (a) complies with all dimensional standards applicable to the property (other than maximum height) in § 14-701 (Dimensional Standards), including without limitation the maximum gross floor area or floor area ratio for the property established in that section, and (b) complies with all other provisions of this Zoning Code, unless a specific exception to one or more of those requirements is listed in this Zoning Code.

(h) The height bonuses in this § 14-702 may be used in combination to earn up to:

(.1) 156 ft. of building height in the /CDO overlay;

(.2) 84 ft. of building height in the area of the /ECO overlay bounded by 2nd Street, Spring Garden Street, 9th Street, Callowhill Street, 7th Street, Willow Street, American Street, and Noble Street;

(.3) 240 ft. of building height in the area of the /ECO overlay bounded by 2nd Street, Noble Street, American Street, Willow Street, 7th Street, and Callowhill Street; and

(.4) 60 ft. of building height in the /PCH overlay.

(i) Notwithstanding the foregoing, any bonuses earned through § 14-702(7) (Mixed Income Housing) shall not apply toward, and may exceed, these maximum floor area and height bonus amounts.

(5) Public Art.

The bonus for public art is a mechanism to expand and enrich the public's experience and enjoyment of buildings and public space and to create buildings and public space that is designed and executed with diverse and high quality materials, activities, and furnishings. In order to comply with this subsection, all of the following conditions must be met:

(a) Qualifying Criteria.

(.1) Qualifying Items.

The items or programs provided to earn this bonus must meet the definition of "On-site Public Art" or "On-site Cultural Programming" in Chapter 14-200 (Definitions). It is not the intention of these requirements to allow decorative, ornamental, or functional elements of the building or public space that are not designed by an artist and created specifically for the site, nor to have landscaped areas or other furnishings or elements required by this Zoning Code, to qualify as part of the public art requirement.

(.2) Commercial Activity Does Not Qualify.

Items, functions, and events for which an admission, viewing, or participation fee is charged, such as theatrical productions, movies, commercial art galleries, exhibits of items for sale; or that are primarily designed to advertise or promote a commercial good or service, do not satisfy the requirements of this § 14-702(5) (Public Art).

(.3) Location.

Public art shall be located upon the building or within public spaces created to meet the requirements of § 14-702(6) (Public Space), § 14-702(8) (Transit Improvements), or § 14-702(9) (Underground Accessory Parking and Loading). Public art may be provided within the public sidewalk if authorization from the City is obtained and if the public art does not impair pedestrian movement within the sidewalk.

(.4) Cost.

The applicant shall provide public art at an amount equal to at least one percent (1%) of hard construction costs.

(.5) Agreement and Financial Security.

In order to expedite the development review and approval process, an applicant for a floor area bonus pursuant to this § 14-702(5) may sign an agreement with the Art Commission committing to provide, install, and endow public art as required by this § 14-702(5) and posting financial security at least equal to the cost of the required public art pursuant to § 14-702(5)(a)(.4) (Cost) above. After signing an agreement in a form acceptable to the City and posting financial security in a form acceptable to the City, the applicant shall be deemed to have satisfied the requirements of this § 14-702(5) (Public Art) subject to all other requirements of this § 14-702 (Floor Area Bonuses).

(.6) Establishment of Endowments.

The method of establishment of an endowment of a trust or other legally binding mechanism to permanently fund cultural programming to meet the requirements of this section shall be approved by the Art Commission.

(b) Approval Criteria.

(.1) In order to meet the requirements of this section, the applicant must have the proposed artist(s), and all public art and/or proposal for cultural programming approved either by the Art Commission, pursuant to its standard review and approval procedures, or through an Art Selection Committee established pursuant to § 14-702(5)(c) (Art Selection Committee).

(.2) The Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant, shall have the final approval of the artist and all public art submitted to meet the requirements of this § 14-702(5)(b) (Approval Criteria).

(.3) The Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant, may, upon request of the applicant, assist in the selection of an artist or artists for the project and/or the selection of an arts coordinator for the project.

(.4) Final determination as to what items, works, materials, media, infrastructure, support services, etc., qualify as public art or as part of the cost of public art, shall rest with the Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant.

(.1) If the applicant chooses to use an Art Selection Committee, it shall consist of five members all of whom shall conform to one or more of the following criteria. At least two members of the committee shall be practicing artists from the visual or performing arts disciplines. All of the remaining members of the committee shall be either (i) an art educator from an accredited college or university, or (ii) a public arts administrator, or (iii) a curator of an institution of art, or (iv) a registered architect or landscape architect, but no more than one of the remaining members may be from each of those disciplines.

(.2) Upon the submission of an Art Selection Committee for review by L&I, the applicant shall also submit the list for proposed committee members to the Art Commission. The Art Commission shall then have 30 days to review the qualifications of proposed committee members and to advise L&I in writing as to its recommendations regarding the qualifications and composition of the committee.

(d) Bonus Floor Area or Building Height.

The additional gross floor area or building height earned for providing public art is:

Additional Gross Floor Area, as Percent of Lot Area		Additional Building Height
CMX-4	CMX-5	/CDO	/ECO
50%	100%	12 ft.	12 ft.

(6) Public Space.

The public space bonus may be earned by providing (1) open space, public parks, or public plazas or (2) a public room. Public open space, public parks or public plazas provided to earn a floor area or height bonus shall count towards the required open area. Public space provided to earn a floor area or height bonus under this subsection shall not be counted toward a public art requirement unless it is designed by an artist and is approved through the public art process in § 14-702(5) (Public Art).

(a) Qualifying Criteria for Open Space, Public Parks, and Public Plazas.

A floor area bonus or height bonus may be earned by providing open space, public parks, or public plazas, provided they meet the following qualifying standards:

(.1) The space shall be open to the sky, except for arbors and trellises.

(.2) The space shall include a minimum of 5,000 sq. ft. of contiguous area.

(.3) The space shall meet all public access design and engineering requirements for areas required to be accessible to those with physical impairments under the Americans with Disabilities Act and any implementing regulations adopted by the City.

(.4) No more than fifty percent (50%) of the space shall be located more than three ft. above the level of the sidewalk adjacent to the lot containing the space. If the public space is located within the Special Flood Hazard Area, the Commission may waive this requirement provided that the Commission determines that the issuance of this waiver would beneficially serve the public interest.

(.5) The space may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.

(.6) The space shall include trees, landscaped areas, walkways, seating, water features, or similar elements. A minimum of thirty percent (30%) of the space shall be landscaped and may incorporate a water feature. All elements shall be appropriately scaled and designed to enhance the space.

(.7) Water features shall meet the following criteria:

(.a) The feature shall be located in a public space.

(.b) The feature may consist of fountains, water walls, water channels, water sculptures, pools, or ponds.

(.c) The water feature shall be appropriately scaled and designed to enhance the space.

(.d) The water feature shall be in operation from at least April 1 through October 30 each year, between the hours of 8:00 a.m. and 9:00 p.m, daily.

(.e) The water feature shall not be counted toward a public art requirement unless it is designed by an artist and is approved through the public art process in § 14-702(5) (Public Art).

(.8) Landscaped areas and trees shall be subject to the requirements of § 14-705 (Landscape and Trees). At least one tree shall be provided for every 1,000 sq. ft. of public space in addition to those required by § 14-705 (Landscape and Trees).

(.9) Lighting shall be provided in the space. The maximum height of the lighting shall be 15 ft. with a maximum illumination level of 2.0 maintained foot-candles. At least one light shall be provided for every 500 sq. ft. of public space and lighting shall be provided along walkways at 100 ft. intervals. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting).

(.10) The space shall be connected to a sidewalk, but may not disrupt the continuity of an existing street wall.

(.11) The space shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m. daily.

(.12) The public open space, park, or plaza shall be located so as to receive natural light during the day.

(b) Qualifying Criteria for Public Rooms.

A floor area bonus or height bonus may be earned by providing a public room, provided it meets the following minimum standards:

(.1) The space is within a building that allows for year-round, climate controlled use by the public and that has access to the public street, transit concourses or transit stations either directly or through another connecting area open to the public.

(.2) The space shall meet all public access design and engineering requirements for areas required to be accessible to those with physical impairments under the Americans with Disabilities Act and any implementing regulations adopted by the City.

(.3) The space shall include a minimum of 5,000 sq. ft. of contiguous floor area and shall have a minimum unobstructed height of 24 ft.

(.4) All or part of the space may be located at the level of any transit concourse or transit station to which it has direct access, or at any level between the level of that transit station or concourse and ground level.

(.5) The space may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.

(.6) The space must include access to a public amenity, such as retail sales, libraries and cultural exhibits, eating and drinking establishments, public restrooms, or other attraction. Spaces that simply serve as a lobby for the transit concourse or building tenants do not qualify.

(.7) Seating shall be provided within the space.

(.8) The space shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m. daily.

(.1) Planning Commission Review.

(.a) In addition to the qualifying criteria of § 14-702(6)(a) and § 14-702(6)(b), L&I shall not issue a building permit until the Commission has reviewed the proposed public open space, public park, public plaza, or public room subject to this bonus and determined that, in the opinion of the Commission:

(i) The design of the space will beneficially serve the public interest in terms of pedestrian access, overall layout, and provided amenities; and

(ii) The space includes a suitable amount of lighting, trees, landscaped areas, walkways, seating, water features, or similar elements, as applicable, and that these elements are appropriately located so as to maximize the utility of the space.

(.b) The Commission shall have 30 days upon receipt by the Commission of an application to review all proposed public open space, public parks, public plazas, or public rooms subject to this bonus; after the 30-day review period has passed, the approval of the Commission shall be presumed.

(.2) Restrictive Covenant.

The applicant must execute and record a restrictive covenant in favor of the City, acting through the Department of Planning and Development, approved as to form by the Law Department, which requires all applicable open spaces, public parks, public plazas, and public rooms to be constructed and maintained, consistent with the requirements of this § 14-702(6), for the life of the building.

(d) Bonus Floor Area or Building Height.

The additional gross floor area or building height earned by providing public space is:

Amount of Public Space as Percentage of Lot Area	Additional Gross Floor Area, as Percentage of Lot Area			Additional Building Height
Amount of Public Space as Percentage of Lot Area	CMX-3 (within /TOD only)	CMX-4	CMX-5	/CDO	/ECO
10 - 15% of lot area	30%	100%	200%	N/A	N/A
16 - 20% of lot area	40%	150%	300%	12 ft.	12 ft.
21 - 30% of lot area	50%	200%	400%	24 ft.	24 ft.
31 - 40% of lot area	50%	200%	400%	36 ft.	24 ft.
41 - 50% of lot area	50%	200%	400%	48 ft.	24 ft.

(7) Mixed Income Housing.

(a) Affordability.

A floor area, height, or dwelling unit density bonus, as applicable, may be earned by providing affordable housing at the levels of affordability set out in this § 14-702(7)(a). For the purposes of § 14-702(7), 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 § 14-702(7) shall be equal to 1.5 people per each bedroom in the unit, except for studios and efficiencies, for which the imputed household size is 1 person.

(.1) Moderate Income.

(.a) Moderate Income rental units shall:

(i) 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 sixty percent (60%) 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;

(ii) Be occupied by households earning up to sixty percent (60%) 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

(iii) At no time be occupied by households earning greater than one hundred twenty percent (120%) 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 (iii), a rental unit shall nonetheless be deemed in compliance with this subsection (iii) until the first expiration of a lease occurring after the tenant's income first exceeded the maximum permitted by this subsection (iii). 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) Moderate Income owner-occupied units shall:

(i) 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 eighty percent (80%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area;

(ii) Be sold to one or more members of a household with household earnings up to eighty percent (80%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of sale; and

(iii) Be the principal residence of at least one person who owned the unit during the period of affordability.

(.2) Low Income.

(.a) Low Income rental units shall:

(i) 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 fifty percent (50%) of the Area Median Income (AMI), adjusted for household size, as, as reported by HUD for the Philadelphia Metropolitan Statistical Area;

(ii) Be occupied by households earning up to fifty percent (50%) 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

(iii) At no time be occupied by households earning greater than one hundred percent (100%) 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 first exceed the maximum income provided for by this subsection (iii), a rental unit shall nonetheless be deemed in compliance with this subsection (iii) until the first expiration of a lease occurring after the tenant's income exceeded the maximum permitted by this subsection (iii). 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) Low Income owner-occupied units shall:

(i) 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 seventy percent (70%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area.

(ii) Be sold to one or more members of a household with household earnings up to seventy percent (70%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of sale; and

(iii) Be the principal residence of at least one person who owned the unit during the period of affordability.

(b) Criteria.

A floor area, height, or dwelling unit density bonus, as applicable, may be earned for developments where at least fifty percent (50%) of the gross floor area will be in residential use (i) by providing affordable housing, provided that the project meets the standards set forth in subsections (.1) through (.5), below; or (ii) if the owner of the property enters into a payment-in-lieu agreement that meets the standards set forth in subsection (.6), below, provided that no development with fewer than ten dwelling units may earn these bonuses by entering into any such payment in-lieu agreement. For any development where less than fifty percent (50%) of gross floor area will be in residential use, these bonuses may be earned, as applicable, if the owner of the property enters into a payment-in-lieu agreement that meets the standards set forth in subsection (.6), below. The bonuses provided for in this subsection (7) ("Mixed Income Housing") are not available to any development that does not meet all applicable standards of this Zoning Code that require the inclusion of one or more non-residential uses on the lot.

(.1) At least ten percent (10%) of residential dwelling units (rounded up, if fractional) shall be provided and maintained as affordable, as defined in § 14-702(7)(a)(.1) or § 14-702(7)(a)(.2), above.

(.a) For purposes of subsection (.1), “residential dwelling units” means the total number of units being provided within the development (including any dwelling units earned through bonuses including this mixed income housing bonus).

(.2) Affordable units shall be affordable, as defined in § 14-702(7)(a)(.1) or § 14-702(7)(a)(.2), for a term of not less than 50 years with future sales, affordability, compliance, and certain legal remedies within such period governed by a recorded instrument or instruments in favor of the City, in substance satisfactory to the Department of Planning and Development and in form satisfactory to the Law Department, committing to satisfy all requirements of this subsection (b).

(.3) Affordable units shall be constructed, completed, ready for occupancy, and marketed at the same time as market-rate units and reasonably dispersed on the same site as the development such that no single building or floor therein will have a disproportionate percentage of affordable units; provided, that, the Department of Planning and Development may permit some or all of such affordable units to be provided and maintained off-site, upon a showing of exceptional circumstances and a substantial public benefit deriving from the proposed off-site development and such other requirements and penalties for non-compliance as provided for by regulations of the Department of Planning and Development.

(.4) Affordable units shall be of comparable quality, in terms of the size, design, exterior appearance, energy efficiency, access to amenities, and overall construction, as the market-rate units within the development, except that the Department of Planning and Development may authorize, on a case by case basis, variation in lot size, number of stories, or whether units are attached or detached, upon good cause shown. For rental units, this requirement shall apply to any maintenance or renovations performed during the life of the affordability commitment. Where the quality of market rate units, in terms of the size, design, exterior appearance, energy efficiency, access to amenities, and overall construction varies from unit to unit, the quality of affordable units shall vary substantially to the same degree. Affordable units may have interior finishes and features that are functionally equivalent to those of any market-rate unit within the development, so long as those finishes and features are durable, of good and new quality, and consistent with any further standards which the Department of Planning and Development may establish.

(.5) For owner-occupied units, the owner and all subsequent owners during the affordability period provided for in subsection (.3), above, shall give the Department of Planning and Development a right of first refusal to purchase each affordable unit, with 90 days' notice of any sale; and shall give the Department of Planning and Development notice of any foreclosure of an affordable unit within seven days of receipt of a foreclosure notice.

(.6) The applicable bonus shall be available to a property if the owner enters into a binding agreement with the Department of Planning and Development pursuant to which the owner has tendered to the City, prior to the issuance of a building permit, a payment in lieu of providing affordable housing; and the Department of Planning and Development has agreed: (.a) for any development where at least fifty percent (50%) of the gross floor area will be in residential use, to use an equal amount of money for the purposes set forth in Section 21-1605 (“Trust Fund Assets Held in the Non-Recording Fee Sub-Fund”); (.b) for any development where less than fifty percent (50%) of the gross floor area will be in residential use, to use an equal amount of money for the purposes set forth in Section 21-1603 (“Creation, Distribution and Use of the Trust Fund’s Assets”); for either type of development, to use best efforts to use such equal amount of money within five years of the owner tendering payment to the City for a project or projects within the same Council District as the development. The payment shall be calculated as follows:

(.a) For properties 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 earning a floor area or height bonus, except for properties that meet the conditions of (.b) or (.c), below: by multiplying the maximum total gross floor area allowed (measured in sq. ft. and not including any floor area earned through bonuses other than this mixed income housing bonus), by eleven dollars and thirty cents ($11.30), if the owner is seeking the moderate-income bonus, and by fourteen dollars and sixty cents ($14.60), if the owner is seeking the low-income bonus.

(.b) For properties 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 earning a height bonus that are entirely or partially located within a Special Flood Hazard Area, the lesser of the amount reached by:

(i) Multiplying the total gross floor area of all structures on the lot (measured in sq. ft.), by eleven dollars and thirty cents ($11.30), if the owner is seeking the moderate-income bonus, and by fourteen dollars and sixty cents ($14.60), if the owner is seeking the low-income bonus.

(ii) Multiplying the maximum total gross floor area allowed (measured in sq. ft. and not including any floor area earned through bonuses other than this mixed income housing bonus), by eleven dollars and thirty cents ($11.30), if the owner is seeking the moderate-income bonus, and by fourteen dollars and sixty cents ($14.60), if the owner is seeking the low-income bonus.

(.c) For properties earning a floor area bonus pursuant to a development that is reviewed in accordance with the provisions of § 14-507(12) (Optional Special Standards, Review, and Exemptions): by multiplying the maximum additional gross floor area that would be earned through this bonus (measured in sq. ft.), by twenty-five dollars ($25), if the owner is seeking the moderate-income bonus, and by thirty dollars ($30), if the owner is seeking the low-income bonus.

(.d) For properties located in an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district, the total number of residential dwelling units allowed (not including any dwelling units earned through bonuses other than this mixed income housing bonus), multiplied by thirteen thousand six hundred dollars ($13,600), if the owner is seeking the moderate-income bonus, and by seventeen thousand seven hundred dollars ($17,700), if the owner is seeking the low-income bonus.

(.1) The additional gross floor area or building height earned for compliance with subsection (a), above, is as set forth in the tables, below. A property may take advantage of a height bonus, a gross floor area bonus, and a dwelling unit density bonus, either alone or in combination, if so provided by the tables in subsection (.3), below. A property may not take advantage of any one of these bonuses multiple times and may not earn bonuses under both the low-income and moderate-income standards.

(.2) Dwelling Unit Density Bonuses in this § 14-702 shall be calculated without including any other dwelling unit bonuses earned. Whenever the calculation of permitted number of dwelling units, following the application of a bonus described in this § 14-702, results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number. If any other dwelling unit density bonuses are earned, the total number of dwelling units permitted shall be determined by adding all such bonuses to the number of units that would otherwise be permitted under this Code, including this Mixed Income Housing Bonus.

(.3) Mixed Income Housing Bonus Tables.

Table 14-702-3: Mixed Income Housing Bonus – Additional Gross Floor Area

		Additional Gross Floor Area, as Percent of Lot Area
		RM-2	RM-3, RMX-1	RM-4	RMX-2	IRMX	RMX-3	CMX-3 as provided in § 14-702(2)(c) (except in /TOD)	CMX-3 (within /TOD only)	CMX-4	CMX-5
Mixed Income Housing (§ 14-702(7))	Moderate Income	25%	50%	100%	75%	150%	150%	150%	200%	150%	300%
Mixed Income Housing (§ 14-702(7))	Low Income	50%	75%	175%	125%	250%	250%	250%	300%	250%	400%

Table 14-702-4: Mixed Income Housing Bonus – Additional Building Height

		Additional Building Height 806.3
		/CDO	/ECO	/PCH	RM-1, CMX-1, CMX-2
Mixed Income Housing (§ 14-702(7))	Moderate Income	48 ft.	48 ft.	24 ft.	7 ft.
Mixed Income Housing (§ 14-702(7))	Low Income	60 ft.	60 ft.	36 ft.	7 ft.

Table 14-702-5: Mixed Income Housing Bonus – Housing Unit Density Bonuses

		Housing Unit Density Bonuses (RM-1, CMX-1, CMX-2, or CMX-2.5 only)
Mixed Income Housing (§ 14-702(7))	Moderate Income	25% increase in units permitted
Mixed Income Housing (§ 14-702(7))	Low Income	50% increase in units permitted

(d) Compliance Check.

(.1) No zoning permit shall be issued pursuant to section § 14-303(6) for any project, or any portion thereof, that has been awarded bonus floor area, building height, or dwelling units pursuant to this § 14-702(7) unless the Department of Planning and Development certifies to the Department of Licenses and Inspections that the applicant has acknowledged, in form satisfactory to the Department of Planning and Development, an understanding of the requirements of this § 14-702(7).

(.2) No building permit shall be issued pursuant to Section A-301 of Title 4 for any project, or any portion thereof, that has been awarded bonus floor area, building height, or dwelling units pursuant to this § 14-702(7) unless the Department of Planning and Development has certified to the Department of Licenses and Inspections that the applicant has made all required payments pursuant to an agreement provided for by subsection (b)(.6) or is in compliance with all of the following:

(.a) The applicant has demonstrated that the applicant is capable of and prepared to actively market the affordable units to eligible tenants and eligible purchasers;

(.b) The applicant has filed an Affordable Building Plan, signed by both the applicant and the design professional responsible for the development, which specifies, to the satisfaction of the Department of Planning and Development, the quality, quantity, placement, design, and phasing of the development and of each affordable unit, and which acknowledges that the applicant is subject to penalties in the event that the development fails to conform with such Plan or any approved modifications of such Plan. Any deviation from an approved Affordable Building Plan must comply with the requirements of this Chapter and must be approved by the Department of Planning and Development; and

(.c) The property is in compliance with all requirements of this § 14-702(7), including but not limited to the recordation of an instrument pursuant to subsection (b), as well as any additional requirements that the Department of Planning and Development shall impose in order to secure and monitor the applicant's satisfaction of all obligations imposed by this Chapter.

(.3) No certificate of occupancy shall be issued pursuant to Section A-701 of Title 4 for any dwelling units included in a development, and no occupancy of such units shall be permitted, unless certificates of occupancy have also been issued for all affordable units required by this § 14-702(7) or there has been compliance with any agreement provided for by § 14-702(7)(b)(.6); provided that the Department of Planning and Development may waive this requirement upon a showing of exceptional circumstances with respect to permitted off-site affordable units only and only upon agreement by the applicant to further conditions and penalties for non-compliance, all as provided for in regulations of the Department of Planning and Development.

(e) Remedies.

(.1) Failure to comply with any provision of a recorded instrument required by this § 14-702(7) shall, in addition to any other remedies available by law, be grounds for:

(.a) Revocation of any building permit, certificate of occupancy or rental license and the prohibition of renewal of any such permits, certificates, or licenses.

(.b) A fine of five hundred dollars ($500) per day of noncompliance.

(.2) The Department of Planning and Development shall have the right to inspect such documents as may be necessary to determine continued compliance, including but not limited to financial records of any tenants or owners to confirm that they are eligible tenants or eligible purchasers.

(f) Reporting.

The Department of Planning and Development shall publish annually a Mixed Income Housing Program Report, which shall include: quantity, size, and location of affordable units; tendered payments in lieu of providing affordable units and how such payments were spent; and household size and income of eligible tenants and eligible purchasers who have either applied for or have occupied affordable units.

(g) Regulations.

The Department of Planning and Development shall have the authority to promulgate regulations to clarify, implement or administer any provision of this § 14-702(7).

(h) Applicability of /TSO, 30th Street Overlay District (/MIN).

The terms and conditions of this section § 14-702 (Mixed Income Housing) shall not apply to Residential Housing Projects within the /TSO, 30th Street Overlay District, as defined in § 14-528(2), except as otherwise provided by section § 14-528 (30th Street Overlay District).

(i) Applicability of Mixed Income Neighborhoods Overlay District (/MIN).

The terms and conditions of this § 14-702(7) (Mixed Income Housing) shall not apply to Residential Housing Projects within the /MIN, Mixed Income Neighborhoods Overlay District, as defined in § 14-533(2), except as otherwise provided by section § 14-533 (Mixed Income Neighborhoods Overlay District).

(8) Transit Improvements.

(a) Criteria.

A floor area bonus or building height bonus, as applicable, may be earned by improving, connecting to, constructing or extending a rail, subway, or trolley transit station or stop, concourse, or water taxi station, provided that the project meets the following standards:

(.1) The applicant shall submit a letter from the appropriate transit authority confirming that the transit authority approves the portion of the project that will be constructed on its property.

(.2) Qualifying improvements made by the applicant may include any of the following:

(.a) New access easements or improvements to connecting passageways, mezzanines, or concourse areas;

(.b) Constructing a new rail, subway, trolley transit or water taxi station;

(.c) Extending the concourse of an existing rail, subway, or trolley transit station or expanding an existing water taxi station;

(.d) Permanent structural improvements, not including routine maintenance or repairs, to an existing rail, subway, trolley transit, or water taxi station or stop; or

(.e) Streetscape improvements in excess of the minimum code requirements that enhance pedestrian and bicycle connections to an existing rail, subway, trolley transit, or water taxi station or stop. Streetscape improvements provided to earn the transit improvement bonus shall be approved by the Commission for the provision of safe and attractive pedestrian and bicycle routes to transit.

(.3) For the /CDO overlay district, transit improvements may be located within 1,320 ft. of the district.

(.4) The applicant shall post a bond or letter of credit in an amount equal to one hundred percent (100%) of the estimated cost of constructing the transit improvements in a form and with financial entities acceptable to the City or its designee. The required transit improvements must be completed upon issuance of the Certificate of Occupancy for the first permanent structure on the property, and the bond or letter of credit must be kept in force until the completion of the required improvements.

(b) Bonus Floor Area or Building Height.

The additional gross floor area or building height earned by providing transit improvements is:

Additional Gross Floor Area, as Percentage of Lot Area			Additional Building Height
CMX-3 (within /TOD only)	CMX-4	CMX-5	/CDO
25% of lot area per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 100% of lot area	50% of lot area per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 200% of lot area	100% of lot area per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 400% of lot area	12 ft. per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 72 ft.

(9) Underground Accessory Parking.

(a) Criteria.

A floor area bonus may be earned by providing underground accessory parking, regardless of whether that accessory parking is required by Chapter 14-800 (Parking Design Standards). The intent of this section is not to expand the supply of parking in the RMX-3, CMX-4, or CMX-5 districts, but to encourage parking permitted by this Zoning Code to be constructed underground rather than at surface level or above ground. The bonus is available if the project meets the following standards:

(.1) At least seventy-five percent (75%) of the accessory parking constructed shall be for the use of residents or occupants of the project, and no more than twenty-five percent (25%) of the spaces shall be rented on a daily, weekly, monthly, long-term, or any other term to any non-resident or non-occupant of the premises. This shall not prohibit the building owner from billing building residents and occupants for parking spaces separately from rent or other expenses.

(.2) All of the accessory parking constructed shall be located below grade.

(.3) The underground parking constructed must contain a gross floor area (including ramps) equal to at least fifty percent (50%) of the gross floor area of the ground floor of the primary building on the property where the underground parking is located.

(.4) None of the bonus space gained from underground parking may be used to construct additional parking.

(b) Bonus Floor Area.

The additional gross floor area earned by providing underground accessory parking is:

Additional Gross Floor Area, as Percentage of Lot Area
RMX-3	CMX-3 (within /TOD only)	CMX-4	CMX-5
100%	50%	200%	200%

(10) Green Building or Site.

(a) Criteria.

(.1) The applicant has submitted documentation sealed by a LEED-AP professional confirming that the building or site has been designed for certification at the LEED Platinum or Gold levels, or certification by an equivalent green building or neighborhood development rating system as approved by the Commission, and that preliminary review of project design and elements confirm that it will earn enough points to be certified at that level by an appropriate certifying agency.

(.2) The property owner has signed an agreement with the City confirming that the building or site will complete the certification and commissioning process at the LEED Platinum or Gold level, or through an equivalent green building or neighborhood development rating system as approved by the Commission, and that if the building or site fails to be commissioned at the level for which the bonus has been awarded, the applicant will either:

(.a) Make improvements to the design, equipment, or operation until commissioned at that level, or

(.b) Be in violation of this Zoning Code and subject to those penalties provided in § 14-306 (Enforcement) and the agreement.

(b) Bonus Floor Area or Building Height.

The additional gross floor area or building height earned for a certified green building is:

Level of LEED Certification	Additional Gross Floor Area, as Percentage of Lot Area			Additional Building Height
Level of LEED Certification	CMX-3 as provided in § 14-702(2)(c)	CMX-4	CMX-5	/CDO	/ECO
Gold	50%	100%	200%	24 ft.	24 ft.
Platinum	100%	200%	400%	36 ft.	36 ft.

(11) Trails.

(a) Criteria.

A building height bonus may be earned by either (1) constructing trails only or (2) constructing and dedicating trails, provided that the following minimum standards are satisfied. On-site trails that satisfy the minimum standards shall count towards required open area and lot area for the purpose of calculating floor area ratio. Off-site trails shall not count towards required open area and lot area for the purpose of calculating floor area ratio. On-site and off-site trails shall not count toward the additional building height bonus if the trails are used to qualify for the bonus for the provision of public open space in the /CDO district, as provided in § 14-702(6)(c).

(.1) Minimum standards for constructing trails:

(.a) The minimum length of the trail shall be equal to one of the following:

(i) If the trail is roughly paralleling the Delaware River, the trail must extend from the downstream to the upstream boundaries of the lot on which the trail is to be constructed.

(ii) If the trail is not roughly paralleling the Delaware River, then the trail must extend from an existing or planned publicly-accessible trail to a boundary of the lot opposite from the existing or planned publicly-accessible trail.

(.b) The trail, exclusive of buffer zones and planting strips, shall be at least 12 ft. wide.

(.c) The trail may be located on-site or off-site within the boundaries of the /CDO district; provided any off-site trails are located on land that is under the same ownership as the development property and are used to calculate a bonus for only one site.

(.d) The trail shall connect to an existing or planned publicly-accessible trail in accordance with the Comprehensive Plan, as approved by the Commission.

(.e) The trail shall have pedestrian lighting. The maximum height of the lighting shall be 15 ft. with an illumination level of 2.0 maintained foot-candles. At least one light shall be provided for each 100 ft. of trail. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting).

(.f) The trail shall be unenclosed and shall be designed and located to receive natural light during the day.

(.g) Except at intersections with driveways or streets, the trail may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements. All intersections with driveways or streets must be marked and controlled such that pedestrians, bicyclists, and other non-motorized trail users are given priority. This subsection shall not apply to emergency vehicles.

(.h) The applicant shall post a bond or letter of credit in an amount equal to one hundred percent (100%) of the estimated cost of constructing the required trail improvements in a form and with financial entities acceptable to the City or its designee. The required trail improvements must be completed upon issuance of the Certificate of Occupancy for the first permanent structure on the property, and the bond or letter of credit must be kept in force until the completion of the required improvements.

(.2) Minimum standards for constructing and dedicating trails:

(.a) The trail shall satisfy all the requirements of subsection (.1), above.

(.b) The trail shall be dedicated to, and accepted by, the City or its designee, at no cost to the City, in a form acceptable to the Law Department, but may, at the applicant's request include cross-easements necessary for applicant's tenants, residents, or visitors to have free pedestrian access across the trail to and from the riverfront. After dedication and acceptance, the applicant shall not restrict access to the trail.

(b) Bonus Building Height.

The additional building height earned for trails is:

Additional Building Height
/CDO
Constructing trails only	12 ft. for the first minimum required trail segment and 12 ft. for each improved trail segment of 200 linear ft. thereafter, up to a maximum of 48 ft.
Constructing and dedicating trails	24 ft. for the first minimum required trail segment and 24 ft. for each improved trail segment of 200 linear ft. thereafter, up to a maximum of 72 ft.

(12) Street Extensions.

(a) Criteria.

A building height bonus may be earned by either (1) dedicating only or (2) dedicating and improving lands along the alignment of an existing street, provided that the dedication and improvements meet the following minimum standards.

(.1) For dedications:

(.a) The land must be located on the subject property between the river and the eastern or southeastern end of a river access street.

(.b) The width of the street extension land dedication must be at least equal to the confirmed right-of-way of the existing public street to be extended.

(.c) The dedication of land must be in fee simple ownership, in a form acceptable to the City or its designee, and accepted by the City, at no cost to the City.

(.2) For improvements:

(.a) Any street extension improvements shall be completed to the standards of the Streets Department.

(.b) The applicant shall post a bond or letter of credit in an amount equal to one hundred percent (100%) of the estimated cost of constructing the street improvements in a form and with financial entities acceptable to the City or its designee. The required street improvements must be constructed upon issuance of the Certificate of Occupancy for the first permanent structure on the property, and the bond or letter of credit must be kept in force until the completion of the required improvements.

(b) Bonus Building Height.

The additional building height earned for dedication of street extension lands is:

Additional Building Height
/CDO
Dedication only	12 ft. for each land dedication of 200 linear ft. up to a maximum of 36 ft.
Dedication and Street Extension Improvement	24 ft. for each street extension segment of 200 linear ft. up to a maximum of 72 ft.

(13) Retail Space.

(a) Criteria.

(.1) A building height bonus may be earned for constructing ground floor retail space, provided that all portions of each ground floor facade that abuts a sidewalk or public space and that is not occupied by entrances, exits, or waiting areas shall be designed and constructed to permit a finished ceiling height of at least 10.5 ft. in order to allow occupancy by a use in the retail sales, commercial services, child care, or library and cultural exhibits use category.

(.2) The applicant must execute and record a restrictive covenant in favor of the City, acting through the Department of Planning and Development, approved as to form by the Law Department, which requires the space for which the bonus shall be granted to be occupied only by a use in the retail sales, commercial services, child care, or library and cultural exhibits use category for a term of 15 years, or the life of the building, whichever is less.

(.3) Retail space provided to satisfy the ground floor use requirements of § 14-507(4)(c) or § 14-519(3) shall not apply towards the retail space bonus.

(b) Bonus Building Height.

The additional building height earned for construction of retail space is:

Additional Building Height
/CDO	/ECO
12 ft. per each 5,000 sq. ft. of retail floor area provided, up to maximum of 36 ft.	12 ft. per each 5,000 sq. ft. of retail floor area provided, up to maximum of 48 ft.

(14) Stormwater Management.

For properties that contain at least 15,000 sq. ft. of lot area, the stormwater management bonus may be earned as provided by this subsection. Within the /ECO overlay district, a stormwater management bonus may be earned by (1) providing a stormwater open space, (2) managing street drainage, or (3) providing both stormwater open space and managing street drainage. Open space provided to earn a height bonus that meets the requirements of § 14-702(14)(a) (Criteria for Open Space within the /ECO overlay district) shall count towards the required open area, but shall not be used to satisfy the bonus requirements of § 14-702(6) (Public Space). Within the /CDO overlay district a stormwater management bonus may be earned by (1) managing additional street drainage, (2) managing additional on-site stormwater runoff, (3) managing additional street drainage or additional on-site stormwater runoff in a surface feature, or (4) meeting the requirements for more than one of these three options.

(a) Criteria for Open Space within the /ECO Overlay District.

Within the /ECO overlay district, a height bonus may be earned by providing open space that manages stormwater runoff, provided that the space meets the following minimum standards:

(.1) The stormwater open space shall be located within 20 ft. of Willow Street, but may be contiguous to other integrated surface stormwater management systems.

(.2) The stormwater open space shall account for at least seventy-five percent (75%) of the lot area located within 20 ft. of Willow Street.

(.3) The stormwater open space shall be at least seventy-five percent (75%) vegetated or landscaped.

(.4) The stormwater open space shall not be more than 3 ft. above or 3 ft. below ground level.

(.5) The stormwater open space shall be open to the sky, except for arbors, trellises, trees, seating, and landscaped areas.

(.6) At least fifteen percent (15%) of the stormwater open space shall be publically accessible. In order to qualify as publicly accessible, the space must:

(.a) Include walkways, seating areas, water features, or other publicly accessible elements;

(.b) Be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m., daily; and

(.c) Have lighting with a maximum height of 15 ft. and a minimum illumination level of 2.0 maintained foot candles. One light shall be provided for every 500 sq. ft. of public space. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting).

(.7) The stormwater open space shall not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.

(.8) Stormwater runoff shall be managed with an integrated surface stormwater management system that includes surface features for stormwater management, promotes infiltration of stormwater runoff to the maximum degree feasible, and provides for stormwater runoff storage when infiltration is not feasible. Any on-site stormwater runoff that cannot be managed in the stormwater open space shall be managed in additional on-site stormwater management systems.

(b) Criteria for Managing Street Drainage within the /ECO Overlay District or the /CDO Overlay District.

Within the /ECO overlay district or /CDO overlay district, a height bonus may be earned by managing the street drainage through the installation and maintenance of one or more stormwater management systems on the property, provided that the stormwater management system maximizes the management of adjacent street drainage and manages at least 5,000 sq. ft. of impervious street drainage area in excess of applicable stormwater management requirements.

Within the /CDO overlay district, a bonus may be earned by installing and maintaining one or more stormwater management systems on the property, provided that the stormwater management system maximizes on-site stormwater management and manages at least 5,000 sq. ft. of additional stormwater runoff from the property's impervious area in excess of applicable stormwater management requirements.

(d) Criteria for Managing Additional Street Drainage and/or Additional On-Site Drainage in a surface feature within the /CDO Overlay District.

Within the /CDO overlay district, a bonus may be earned by installing and maintaining a stormwater management system that manages additional street drainage or additional on-site drainage (as defined in (b) and (c)) in a surface feature in accordance with Water Department requirements.

(e) Criteria for All Stormwater Management Bonuses.

In addition to the above criteria, all open space and stormwater management systems provided to earn a stormwater management bonus shall meet the following standards:

(.1) The Water Department shall confirm that all stormwater management systems meet the applicable stormwater management requirements of this § 14-702(14) and all other applicable stormwater management requirements.

(.2) The applicant shall execute and record a deed restriction against the property, approved as to form by the Law Department, which requires the stormwater management systems to be constructed and maintained, at a minimum, in accordance with the Water Department's stormwater management requirements for the life of the building; and which allows the City to inspect for, or demand proof of, continued compliance with those requirements.

(f) Bonus Building Height.

The additional building height earned by providing certain stormwater management systems is:

Open Space Management Requirements	Additional Building Height
Open Space Management Requirements	/ECO	/CDO
The stormwater open space meets the requirements of § 14-702(14)(a) and § 14-702(14)(e)	24 ft.	N/A
Street Drainage Management Requirements	Additional Building Height
Street Drainage Management Requirements	/ECO	/CDO
The stormwater management system meets the requirements of § 14-702(14)(b) and § 14-702(14)(e)	12 ft. for every 20% of street drainage area managed, up to a maximum of 48 ft.	12 ft.
Additional On-Site Management Requirements	Additional Building Height
Additional On-Site Management Requirements	/ECO	/CDO
The stormwater management system meets the requirements of § 14-702(14)(c) and § 14-702(14)(e)	N/A	12 ft.
Surface Feature Requirements	Additional Building Height
Surface Feature Requirements	/ECO	/CDO
The stormwater management system meets the requirements of § 14-702(14)(d) and § 14-702(14)(e)	N/A	12 ft.

(15) Through-Block Connection.

(a) Criteria.

A height bonus may be earned by creating a through-block connection within 15 ft. of the former right-of-way of Noble Street between 2nd Street and 6th Street provided that a through-block connection meets the following minimum standards. Open space provided to earn a height bonus that meets the requirements of this § 14-702(15)(a) shall count towards the required open area, but shall not be used to satisfy the bonus requirements of § 14-702(6) (Public Space).

(.1) The through-block connection shall extend between two or more public streets and shall, to the greatest extent possible, be aligned to meet existing through-block connections or public streets that exist within 15 ft. of the current or former Noble Street right-of-way.

(.2) In the event that the former right-of-way of Noble Street is not under the same ownership between two public streets, a written agreement between the record owners of the respective lots and any associated plans shall be submitted to L&I with the zoning permit application, confirming that a through-block connection will be constructed by one or more of the owners in conformance with this § 14-702(15), provided that the bonus shall apply only to a single applicant's zoning permit.

(.3) The through-block connection shall be at least 24 ft. in width and unobstructed and open to the sky, not including arbors, trellises, trees, seating, and landscaped areas.

(.4) The through-block connection shall have pedestrian access and meet all public access design and engineering requirements for areas required to be accessible to those with physical impairments under the Americans with Disabilities Act and any implementing regulations adopted by the City.

(.5) Vehicular traffic and loading are allowed only if the through-block connection meets all applicable vehicular standards or regulations adopted by the City.

(.6) The through-block connection shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m., daily.

(.7) A minimum of fifty percent (50%) of each building facade that borders the through-block connection, up to a height of at least 8 ft. above ground level, shall be improved with an active retail use or with landscaped areas, murals, or architectural details, including but not limited to windows and entrances.

(.8) Any portion of the through-block connection that abuts a surface parking area shall meet the requirements of § 14-802(5) (Parking Landscape and Screening) as though the through-block connection was a public street.

(.9) The through-block connections shall have lighting. The maximum height of the lighting shall be 15 ft. with a minimum illumination level of 2.0 maintained foot-candles. At least one light shall be provided for each 100 ft. of the through-block connection. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting).

(b) Bonus Building Height.

The additional building height earned by providing a through-block connection is:

Through-Block Connection Linear Footage	Additional Building Height
Through-Block Connection Linear Footage	/ECO
200 linear ft. or less	24 ft.
201 linear ft. to 350 linear ft.	36 ft.
Greater than 350 linear ft.	48 ft.

(16) Green Roof.

A dwelling unit density bonus, described in § 14-702(16)(b), below, may be earned by providing a green roof on a property that meets the conditions of subsection (a) (Criteria), below.

(a) Criteria.

(.1) The building shall meet either of the following requirements:

(.a) For new buildings, the building's construction requires a minimum of 5,000 sq. ft. of earth disturbance as determined by the Water Department; or

(.b) For existing buildings or expansions of existing buildings, the building requires a minimum building footprint of 5,000 sq. ft.

(.2) The roof must be partially or completely covered with a green roof that meets the Water Department's design standards.

(.3) The applicant must execute and record a deed restriction in favor of the City, approved as to form by the Law Department, which requires the green roof to be constructed and maintained, at a minimum, in accordance with the manufacturer's guidelines, where applicable, and with Water Department standards, for the life of the building; and which allows the City to inspect the green roof for, or demand proof of, continued compliance with those requirements.

(.4) The green roof must cover at least sixty percent (60%) of the rooftop of the building wherein dwelling units are provided.

(.5) The green roof must be safely accessible and made available for inspection with reasonable notice given by the City.

(.6) The property is within an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district.

(b) Dwelling Unit Density Bonus.

If the conditions set forth in subsection (a), above, are met, the number of units allowed is twenty-five percent (25%) greater than would otherwise be permitted, not including any other dwelling unit density bonuses earned, then rounded down to the nearest whole number. If any other dwelling unit density bonuses are earned, the total number of dwelling units permitted shall be determined by adding all such bonuses to the number of units that would otherwise be permitted under this Code, including this Green Roof Bonus.

(17) Public Street Enhancement Bonus.

To qualify for this bonus, a public street must meet the improvement criteria set forth in this section.

(a) Criteria.

A height bonus may be earned by providing public street enhancements provided that these enhancements meet the following minimum standards.

(.1) The street enhancements shall be located on the 1000 block of Ludlow Street between 10th Street and 11th Street and shall be aligned to meet existing public streets that exist within the current right-of-way.

(.2) The street enhancements shall be at least 30 ft. in width and unobstructed and open to the sky, not including arbors, trellises, trees, seating, and landscaped areas, notwithstanding existing building encroachments.

(.3) The street enhancements shall have pedestrian access and meet all public access design and engineering requirements adopted by the City.

(.4) Vehicular traffic and loading are allowed only if the street enhancements meet all applicable vehicular standards or regulations adopted by the City.

(.5) The street enhancements shall include:

(.a) Sidewalk Enhancements: High-quality paving materials or decorative treatments to differentiate pedestrian areas.

(.b) Pedestrian-Scale Lighting: Decorative or functional lighting to improve nighttime safety and aesthetics.

(.c) Landscaping Features: Street trees, planters, or green infrastructure to soften the streetscape.

(.d) Public Art: One or more permanent public art installations, murals, or artistic treatments shall be installed on the publicly visible facades of any parking garage located within the enhancement area.

(b) Bonus Building Height.

(.1) The additional building height earned by providing a street enhancement is:

Street Enhancement Linear Footage	Additional FAR
Street Enhancement Linear Footage	/CMX-5
200 linear ft. to 249 liner ft.	200
Over 250 linear ft.	300

(.1) Streets Department Review.

(.a) In addition to the qualifying criteria of § 14-702(17), L&I shall not issue a building permit until the Street Department has reviewed and approved the street enhancements subject to this bonus.

(.b) The Department shall have 30 days upon receipt of an application to review all proposed street enhancements subject to this bonus; after the 30-day review period has passed, the approval of the Department shall be presumed.

(1) General Purpose.

The general purpose of this section is to:

(a) Allow full development of properties consistent with the dimensional standards established in § 14-701 and the Floor Area Bonuses established in § 14-702, while establishing baseline requirements for building and site features that will create stable residential neighborhoods, commercial, and industrial areas.

(b) Enhance the public realm.

(d) Encourage effective development of street frontages and other public elements that enable new projects to add value to existing communities.

(e) Encourage creative and sustainable design responses to contemporary opportunities.

(f) Improve the overall design quality of the city through the use of objective standards that can be administered by L&I without the need for individualized design review of projects, except in those cases covered by § 14-304(5) (Civic Design Review).

(2) Applicability.

(a) The standards of this section shall apply to all development, except for the following:

(.1) Detached and semi-detached buildings in which the principal use is single-family or two-family residential;

(.2) A change in the principal use of an existing structure, provided that the structure is not altered; or

(.3) Structures in which the principal use is one of the following use categories or subcategories, as described in Chapter 14-600 (Use Regulations):

(.a) Park and open space;

(.b) Utilities and services, basic;

(.c) Utilities and services, major;

(.d) Wireless service facility;

(.e) Parking, non-accessory;

(.f) Urban agriculture; or

(.g) Industrial.

(b) Unless otherwise expressly stated, the standards of § 14-703(4) (Attached Building Design Standards) apply to each group of five or more attached buildings developed as part of a single development project in any zoning district.

(c) Unless otherwise expressly stated, the standards of § 14-703(5) (Multi-Family Residential, Commercial, and Institutional) apply in RM-2, RM-3, RM-4, RMX-3, and Commercial Districts to:

(.1) Multi-family buildings that contain 10 or more residential units; and to

(.2) Lots that are at least 10,000 sq. ft. or buildings with at least 10,000 sq. ft. of gross floor area.

(d) In the case of any conflict between the form and design standards of this section and designs recommended as part of the Civic Design Review process in § 14-304(5), the form and design standards of this section shall govern.

(e) In the case of any conflict between the form and design standards of this section and design standards applicable to a particular project because of its location in an overlay district listed in Chapter 14-500 (Overlay Zoning Districts) or because of a use-specific standard in § 14-603 (Use-Specific Standards) the provisions of the overlay district or use-specific standard shall govern.

(3) Certification.

Zoning permit applications must, if subject to the provisions of this § 14-703 (Form and Design), include a site plan and elevation drawings prepared by a licensed architect or a licensed professional civil engineer that demonstrates compliance with the standards of this § 14-703 (Form and Design).

(4) Attached Building Design Standards.

New utility meters must be hidden from view from the street frontage.

(5) Multi-Family Residential, Commercial, and Institutional.

The intent of these standards is to promote development of buildings that enhance their surroundings through facades that contribute to street activity, the safe circulation of pedestrians and bicycles to and around buildings, and reduced visibility of utilities and equipment related to buildings.

(a) Site Design.

(.1) Entries.

Each principal building shall have one or more entry doors facing and visible from an adjacent public street.

(.2) Screening.

Utility equipment, transformers, ground mounted chillers or cooling towers, and loading docks including trash loading facilities shall be located in areas that are not visible from adjacent public streets or nearby residential uses, or shall be screened from view. Screening shall be opaque and may include configuration of buildings, permitted fences, lattice structures, topographical changes, and/or plants. Rooftop-mounted equipment shall be screened from view from adjacent public streets, public spaces, or nearby residential uses through the use of parapet walls, roof design configuration, or equipment screens at least as tall as the equipment being screened.

(.3) Access.

(.a) When the lot abuts uses in the parks and open space use categories that are administered by DPR, the site design shall provide access for building occupants to the adjacent parks and open space use if appropriate and permitted by DPR.

(.b) Where the Commission's Philadelphia Pedestrian and Bicycle Plan show a bicycle or pedestrian path or trail abutting the application site, the site design shall provide connections to those paths or trails.

(.4) Multi-Building Projects.

The standards in this § 14-703(5) (Multi-Family Residential, Commercial, and Institutional) shall apply to each building that would be considered a principal building as if it were the only building on the lot.

(b) Building Design.

(.1) Facade Articulation.

Facade articulation is required for each building frontage that is greater than 100 ft. wide and that faces a public street 40 ft. or wider. The intent is to ensure that public streets will not be fronted by featureless, monolithic walls. Between the average ground level and a height of 25 ft., a minimum of thirty percent (30%) of the wall area must include one or more of the following features listed in subsections (.a) through (.c).

(.a) Ornamental and structural detail;

(.b) Projections, recesses, bays, overhangs, or other variations in planes; or

(.c) Transparent windows or other transparent glazed area.

(.2) Exposed Side Walls.

The following standards apply to the exposed portion of a wall abutting a side lot line.

(.a) The total height of the exposed portion of a wall abutting a side lot line may be a maximum of 25 ft. in height without any required facade articulation.

(.b) When the exposed portion of a building wall abutting a side lot line exceeds 25 ft. in height, the portion of the wall above 25 ft. must have at least fifteen percent (15%) of its total surface consisting of articulation that indicates the floor level or implied window openings or other elements and materials to provide visual relief consistent with the architecture of the building and the neighborhood. This may be accomplished by, but is not limited to:

(i) blind windows,

(ii) material color or texture change,

(iii) architectural screens, lattices, or baffles, or

(iv) articulated structural spandrels.

(1) Intent.

The open space and natural resource standards of this section are intended to promote safe and compatible development throughout the City of Philadelphia that avoids adverse impacts and degradation of the environment through open space preservation, protection of steep slopes, erosion control, and water quality protection.

(2) Steep Slope Protection.

(a) Applicability.

These steep slope protection requirements shall apply to development, earth moving activity, and site clearing within the “Steep Slope Protection Area”, as shown on the City of Philadelphia Steep Slopes Map maintained by the Commission. The steep slopes map shown below is for illustrative purposes only.

{For printable PDF version of image, click HERE}

(b) Exceptions.

These steep slope protection requirements shall not apply to the following:

(.1) Lots which do not include slopes of fifteen percent (15%) or greater.

(.2) Development, earth moving activity, or site clearing with a cumulative total limit of a disturbance area of 1,400 sq. ft. or less, excluding the earth disturbance area within the public street.

(.3) Stream restoration projects. For the purposes of this subsection, stream restoration projects are defined as activities that satisfy all of the following conditions:

(.a) The applicant has obtained a general permit or a water obstruction and encroachment permit for the project from the Pennsylvania Department of Environmental Protection pursuant to Title 25, Chapter 105 or Chapter 106 of the Pennsylvania Code or a Joint Permit pursuant to section 404 of the Federal Clean Water Act.

(.b) The project is intended to restore a watercourse’s natural forms and processes, reduce erosion and sedimentation, or mitigate the effects of erosion on water or sewer infrastructure.

(.c) The project does not increase the area of impervious coverage.

(.1) Applications for a permit under this Zoning Code are subject to prerequisite approval from the Commission per § 14-301(3)(c)(.1)(.j). The Department shall not issue a zoning permit for an application that is subject to these steep slope protection requirements until the Commission reviews and determines that the application meets all applicable requirements of this Zoning Code.

(.2) The Commission may require that the applicant submit a topographic survey, prepared by a licensed engineer or surveyor, confirming the locations of slopes of fifteen percent (15%) or greater, but less than twenty-five percent (25%) and twenty-five percent (25%) or greater, as well as a plan showing the limit of earth moving or site clearing activities.

(d) Restrictions on Disturbance.

(.1) On those portions of the lot where the slope of the land is fifteen percent (15%) or greater but less than twenty-five percent (25%), site clearing or earth moving activities shall be permitted only in conformance with an earth moving plan described in § 14-704(2)(e) below.

(.2) On those portions of the lot where the slope of land is twenty-five percent (25%) or greater, no site clearing or earth moving activity is permitted.

(e) Earth Moving Plans.

Where an earth moving plan is required pursuant to any provision of this Zoning Code, that plan must be prepared by a professional engineer who is licensed in the state of Pennsylvania, in accordance with regulations approved by the Commission, and must set forth the measures by which erosion and sedimentation are to be controlled during the earth moving and construction process. Such plans shall be filed with and approved by the Commission before the Department may issue a zoning permit. 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 by the City during normal business hours.

(3) Stormwater Management.

(a) Applicability and Exceptions.

(.1) These standards apply in all zoning districts to earth disturbances that create a significant risk of water pollution from stormwater runoff, erosion, or sedimentation. The Water Department shall establish, by regulation, the threshold of earth disturbance that constitutes a sufficient risk of water pollution requiring Water Department review.

(.2) The standards of this section do not apply to development activities on individual lots that are part of a larger subdivision that has a stormwater management system previously approved by the Water Department, provided that the construction conforms to all of the requirements of the approved system.

(.3) In addition, any development located in the /WWO Overlay district described in § 14-510 must comply with the stormwater management provisions of that overlay district.

(b) Permit Required.

(.1) No zoning or building permits shall be issued unless the Water Department confirms that the proposed activity and related stormwater management plan complies with the regulations of the Water Department designed to reduce the risk of water pollution.

(.2) The proposed stormwater management plan will be deemed to comply if the Water Department fails to approve or disapprove the plan within 45 days after it receives a copy of the application.

A stormwater management plan submitted with a permit application shall comply with the regulations of the Water Department.

(4) Flood Protection.

(a) Applicability.

These special restrictions and regulations shall apply to the Special Flood Hazard Areas along the Delaware and Schuylkill Rivers, Poquessing Creek, Byberry Creek, Walton Run, Pennypack Creek, Wooden Bridge Run, Tacony-Frankford Creek, Wissahickon Creek, Darby Creek, Cobbs Creek, and Indian Creek, more fully defined by the Flood Insurance Study and Flood Insurance Rate Maps of the U.S. Department of Homeland Security Federal Emergency Management Agency. The Commission shall make the maps available for public inspection upon request.

(b) Disclaimer of Liability.

The degree of flood protection sought by the provisions of this Zoning Code is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes, such as bridge and sewer openings restricted by debris. This Zoning Code does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood damages.

The following special regulations are imposed to regulate setbacks, construction, and earth-moving activity along watercourses subject to flooding. These regulations are in addition to the requirements of the Pennsylvania Department of Environmental Protection.

(.1) Within the Floodway.

(.a) No encroachment (including fill, new construction, or any development) is permitted; except that docks, public utilities, trails, roadways, and bridges are permitted as long as they cause no increase in the Base Flood Elevation.

(.b) Public utility companies shall not place mobile homes or offices within the floodway.

(.c) Construction or substantial improvement of any structure used for the following is prohibited:

(i) the production or storage of: acetone; ammonia; benzene; calcium carbide; carbon disulfide; celluloid; chlorine; hydrochloric acid; hydrocyanic acid; magnesium; nitric acid and oxides of nitrogen; petroleum products (gasoline, fuel oil, and the like); phosphorus; potassium; sodium; sulphur and sulphur products; pesticides (including insecticides, fungicides, and rodenticides);

(ii) any activity requiring the maintenance of a supply of any of the materials listed in § 14-704(4)(c)(.1)(.c)(i) in excess of 550 gallons or an equivalent volume; or

(iii) any purpose involving the production, storage, or use of any amount of radioactive substance.

(.2) Within the Special Flood Hazard Area.

(.a) For residential structures, any new construction or substantial improvement shall have the lowest floor elevation (including basement or cellar) elevated up to, or above, the regulatory flood elevation.

(.b) For non-residential structures, any new construction or substantial improvement shall have the lowest floor elevation (including basement or cellar) elevated up to, or above, the regulatory flood elevation of 18 in. above the Base Flood Elevation, or be designed and constructed so that the space enclosed below the regulatory flood elevation:

(i) Is floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water;

(ii) Has structural components with the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(iii) All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement. Additionally, all air ducts, air conditioning systems, utilities, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be raised to the Regulatory Flood Elevation and shall be securely anchored or affixed to prevent flotation.

(.c) Fully enclosed space that is below the lowest floor of the building and that is used solely for the parking of a vehicle, building access, or incidental storage shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term "fully enclosed space" shall include crawl spaces. For these spaces, a minimum of two openings having a total area of not less than one square inch for every square foot of enclosed space shall be included and shall be no higher than one foot above grade to provide that they permit the automatic entry and exit of flood waters.

{For printable PDF version of image, click HERE}

(.d) If fill is used to raise the elevation of the site for residential construction, the fill area shall extend out laterally at a maximum slope of one percent (1%) for the minimum required rear yard dimension but in no case less than 15 ft. beyond the proposed structure. The grade from the edge of the rear yard to the floodway line shall not exceed twenty percent (20%) unless a retaining wall is constructed.

(.e) Construction or substantial improvement of any structure used for the following is prohibited unless it is elevated or floodproofed to remain completely dry to the Regulatory Flood Elevation:

(ii) any activity requiring the maintenance of a supply of any of the materials listed in § 14-704(4)(c)(.2)(.e)(i) in excess of 550 gallons or an equivalent volume; or

(iii) any purpose involving the production, storage, or use of any amount of radioactive substance.

(.f) The following uses are prohibited within a Special Flood Hazard Area:

(i) Hospitals.

(ii) Group Living uses housing elderly or disabled persons or persons with limited mobility.

(iii) Detention or correctional facilities.

(iv) A new manufactured home park or manufactured home subdivision, or substantial improvement to an existing manufactured home park or manufactured home subdivision.

(.3) Within the Special Flood Hazard Area, Approximate Zone A.

(.a) Within the Approximate Zone A, development shall be permitted on the same conditions applicable to the Special Flood Hazard Area in subsection (.2) above, except as noted in this subsection (.3).

(.b) For Approximate Zone A areas, elevation and floodway information from other Federal, State, or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation may be determined by the Floodplain Administrator using contour interpolation, if applicable. In lieu of the above, the Floodplain Administrator may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Floodplain Administrator.

(.4) Special Requirements for Manufactured Homes.

Manufactured homes are prohibited in identified floodplain areas.

(d) Designation of the Floodplain Administrator.

The Commissioner of Licenses and Inspections is hereby appointed to administer and enforce this § 14-704(4) and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: (a) fulfill the duties and responsibilities set forth in these regulations, (b) delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or (c) enter into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the City of Philadelphia of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. § 59.22.

(e) Identification of Area.

Base elevation and floodway information shall be identified from the Flood Insurance Study (FIS) and accompanying Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA), except as follows:

(.1) For AE zones where no floodway has been identified in the FIS, floodway information from other Federal, State or other acceptable sources shall be used when available.

(.2) For Approximate A zones, elevation and floodway information from other Federal, State or other acceptable sources shall be used when available. Where other acceptable information is not available, the base flood elevation shall be determined by using the elevation of a point on the boundary of the identified floodplain area which is nearest the construction site.

(f) Changes in Identification of Area.

The identified floodplain area may be revised or modified by the Floodplain Administrator where studies or information prepared by a qualified agency or person and provided by an applicant documents the need for such revision. However, prior to any such change to the Special Flood Hazard Area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six months after the date such information becomes available, the applicant shall notify the Floodplain Administrator and FEMA of the changes to the Special Flood Hazard Area by submitting technical or scientific data.

(g) Alteration or Relocation of a Watercourse.

Prior to altering, relocating, or encroaching into a watercourse, all applicants shall obtain a permit for such action from the Pennsylvania Department of Environmental Protection Southeast Regional Office, shall notify by certified mail all adjacent municipalities which may be affected by such action, and shall submit copies of such notification to FEMA and the Pennsylvania Department of Community and Economic Development.

(h) No permit for construction within the Special Flood Hazard Area shall be issued unless the applicant has provided written confirmation that all other necessary government permits required by state and federal laws have been obtained, including but not limited to those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); the Pennsylvania Clean Streams Act (Act 1937-394, as amended); and the U.S. Clean Water Act, § 404, 33 U.S.C. § 1344.

(5) Waterfront Setbacks.

(a) Applicability.

The waterfront setback requirement shall apply to all lots sharing a boundary with any watercourse designated for protection, on the Hydrology Maps established by the Water Department and approved by the Ordinance amending this subsection (5)(a), for purposes that may include, but are not limited to, restoring and maintaining the City's water resources, restoring and maintaining drinking water sources; restoring and maintaining the base flow of streams; reducing and controlling erosion and sedimentation; reducing and controlling storm water runoff; stabilizing stream banks; and restoring and maintaining riparian habitats.

(b) General Standards.

(.1) All development shall provide a waterfront setback at least 50 ft. wide measured perpendicular to and horizontally from the top-of-bank for all watercourses identified on the Hydrology Maps established by the Water Department and approved by ordinance pursuant to § 14-704(5)(a).

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(.2) The following activities and uses are prohibited within the waterfront setback:

(.a) Permanent or temporary structures, except for docks, piers, and structures accessory to public parks and open space.

(.b) Outdoor storage of materials;

(.c) Streets and driveways, except that driveways that are necessary to access any permanent or temporary structure permitted under subsection (.a) above are permitted;

(.d) Parking lots; and

(.e) Any other directly connected impervious surface (see § 14-203(95) (Directly Connected Impervious Surface), except for recreational trails, which must conform to any design regulations adopted by the Commission.

(.3) Portions of the lot within the waterfront setback area may be counted towards any required open space on the lot.

(.4) Plantings within the waterfront setback may count toward the minimum landscape requirements required by § 14-705 (Landscape and Trees). Any new landscape within the waterfront setback shall use the plantings included on the native and non-invasive planting list in the Philadelphia Stormwater Management Guidance Manual.

(.5) Stormwater management functions, approved by the Water Department, are permitted in the waterfront setback.

(.1) Additional Permitted Uses.

Notwithstanding the provisions of subsection (b)(.2), above, the following additional activities and uses shall be permitted within the waterfront setbacks along the Delaware River and Schuylkill River provided they are permitted by the underlying zoning:

(.a) Marine-Related Industrial;

(.b) Marinas;

(.c) Airport Related Facilities;

(.d) Basic and Major Utilities and Services;

(.e) City-owned facilities of any type.

(d) Transition.

Permits and approvals that are valid on the date this subsection becomes effective shall remain valid until their expiration date. Projects with valid approvals or permits may be carried out in accordance with the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed. No provision of this subsection shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to the effective date of this subsection. Any re-application for an expired permit or approval, including special exception and regulated use approvals, shall meet the standards in effect at the time of re-application.

(1) On-Site Landscape and Tree Requirements.

(a) Applicability.

The on-site landscape and tree requirements of this § 14-705(1) (On-Site Landscape and Tree Requirements) shall apply to all site clearing and development on existing lots greater than 5,000 sq. ft. in area, except as stated below.

(.1) For development and site clearing associated with development or environmental restoration projects, § 14-705(1) (On-Site Landscape and Tree Requirements) shall not apply to:

(.a) Lots with a principal urban agricultural use;

(.b) Portions of lots that are the sites of: environmental restoration projects, such as work to implement stream bed, flood plain, or forest restoration; or wetland or meadow creation; and

(.c) Any development that meets either of the following conditions:

(i) 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

(ii) The development 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).

(.2) For all other site clearing:

(.a) § 14-705(1)(d) (Landscape Buffering Between Different Zoning Districts) and § 14-705(1)(e) (Yard Tree Requirements) shall not apply; and

(.b) No provisions of § 14-705(1) (On-Site Landscape and Tree Requirements) shall apply to lots with a principal single-family, two-family, or urban agricultural use.

(.3) Portions of lots in use as parking lots and garages, which shall comply with the landscape standards of § 14-803(5) (Parking Landscape and Screening).

(b) Landscape and Tree Preservation Plan Required.

Zoning permit applications must, if subject to the provisions of this § 14-705(1) (On-Site Landscape and Tree Requirements), include 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. L&I shall not issue a zoning permit for an application that is subject to the provisions of this § 14-705(1) (On-Site Landscape and Tree Requirements) unless such landscape and tree preservation plan is submitted, nor shall L&I issue a zoning permit for an application that is subject to § 14-705(1)(d) (Landscape Buffering Between Different Zoning Districts), § 14-705(1)(e) (Yard Tree Requirements), § 14-705(1)(f) (Preservation of Heritage Trees), or § 14-705(1)(g) (Tree Replacement Requirements) until the Commission approves the landscape and tree preservation plan as meeting all applicable requirements of this Zoning Code and issues waivers for any requirements it deems impracticable, as authorized below. The Commission is authorized to promulgate regulations that include submission and waiver requirements for landscape and tree preservation plans.

(.1) Plants.

Trees, shrubs, grasses, perennials, and groundcover installed in the required landscaped area shall be selected from the list of appropriate plantings maintained by the Commission, except for plantings intended to satisfy the requirements of § 14-705(1)(g) and no other provisions of § 14-705(1) (On-Site Landscape and Tree Requirements) or of § 14-803(5) (Parking Landscape and Screening), in which case such plantings may be selected from either the list of appropriate plantings maintained by the Commission or such list maintained by the Department of Parks and Recreation. Whenever the calculation of required number of plants results in a fraction of a number, then the number of plants shall be rounded up to the nearest whole number.

(.2) Minimum Plant Size.

Unless otherwise provided by the Department of Parks and Recreation by regulation, trees installed in the required landscaped area shall have a minimum caliper of 2.0 in., except evergreen species, which must be at least 5 feet in height.

(.3) Irrigation.

All irrigation systems for development shall be designed, installed, and operated to minimize runoff and over-spray of irrigation water onto roadways, sidewalks, and adjacent properties, and shall be installed with rain sensors to turn the system off during rainy conditions.

(.4) Sight Triangle Requirements.

Plants that exceed 2.5 ft. in height at maturity are prohibited in sight triangles.

(.5) Minimum Plant Spacing.

Trees shall have a minimum spacing of 12 ft. from other trees. Shrubs shall have a minimum spacing of 3 ft. from other shrubs and trees.

(.6) Minimum Soil Volume.

Trees and shrubs shall be planted with a minimum volume of soil, dependent on site conditions, landscaping plan, species, and other factors, as specified in the regulations of the Commission.

(.7) Shrub Replacement.

A maximum of twenty percent (20%) of required shrubs may be replaced one-for-one with a tall grass species.

(.8) Waivers.

An applicant may request that the Commissioner grant a waiver, such that, in lieu of meeting any of the on-site landscape or tree planting requirements provided in this § 14-705(1), the applicant shall instead meet the following conditions:

(.a) Demonstrate to the satisfaction of the Commission that it would be impracticable to meet such on-site landscape or tree planting requirements due to existing site conditions and constraints, as described in the regulations of the Commission; and

(.b) If the waiver results in a reduction of the number of trees to be planted, enter into a binding agreement with the City, prior to the issuance of a building permit, pursuant to which the applicant has tendered to the City a payment in lieu of meeting certain landscape and tree planting requirements, as provided in § 14-705(1)(c)(.9), and the Department of Parks and Recreation has agreed to use such amount of money for the purposes of growing, protecting, and caring for Philadelphia's tree canopy, including to defray any additional administrative costs associated with tree planting and maintenance.

(.9) In-lieu Fee.

Any trees that would be required, but for the issuance of a waiver, shall be subject to a mandatory in-lieu fee.

(.a) This in-lieu fee shall be calculated as follows:

(i) For each tree waived from the requirements of § 14-705(1)(d) (Landscape Buffering Between Different Zoning Districts), § 14-705(1)(e) (Yard Tree Requirements), and § 14-803(5) (Parking Landscape and Screening), one thousand dollars ($1,000); and

(ii) For each DBH inch of tree waived from the requirements § 14-705(1)(g) (Tree Replacement Requirements), as indicated in the following chart:

Progressive Fee Category (overall density of existing trees on lot)	Fee
Up to 75 DBH inches per acre	$400 per inch
Greater than 75 and less than 250 DBH inches per acre	$200 per inch
Greater than 250 DBH inches per acre	$50 per inch

(.b) Additional trees that will be planted on the lot and that are not otherwise required by this § 14-705(1) or § 14-803(5) (Parking Landscape or Screening) shall be deducted from the calculation derived in § 14-705(1)(c)(.9)(.a).

(.c) For lots within the Fairmount Park System, as defined in Section 15-201 (Jurisdictional Areas), additional trees planted within one mile of the lot line that are on other lots within the Fairmount Park System or within areas under Department of Parks and Recreation jurisdiction that are not otherwise required by this § 14-705(1) or § 14-803(5) (Parking Landscape or Screening) shall be deducted from the calculation derived in (.a), above.

(.d) Notwithstanding the foregoing, the total in-lieu fee shall not exceed five percent (5%) of the appraised value of the property, as shown in the average of two appraisals conducted by independent certified appraisers, when such lot meets each of the following conditions:

(i) Is less than 70 acres in total size;

(ii) Is zoned I-1, I-2, I-3, or I-P;

(iii) Has a principal Industrial or Wholesale, Distribution, and Storage Use; and

(iv) Includes no Residential uses.

(d) Landscape Buffering.

Landscape buffers are required when specific types of different zoning districts abut each other, as listed in § 14-705(1)(d)(.1) (When Buffering Is Required), below. These requirements only apply at the time a lot subject to these requirements is developed, and no existing development shall be required to install buffer landscape because of a change in the zoning district classification of an abutting lot.

(.1) When Buffering Is Required.

A landscape buffer satisfying the requirements of § 14-705(1)(d)(.2) ( Buffering Requirements) shall be provided along non-primary street frontages and the side and rear lot lines, where a yard is provided, for the following:

(.a) Side and rear lot lines of a lot in a Residential Multi-Family (RM) or Residential Mixed-Use (RMX) zoning district that abuts a lot in a Residential Single-Family Attached (RSA), Residential Single-Family Detached (RSD), or Residential Two-Family (RTA) zoning district.

(.b) Side and rear lot lines of a lot in a Commercial (CA), Commercial Mixed-Use (CMX), Industrial (I, IRMX or ICMX), or Special Purpose (SP) zoning district that abuts a lot in a Residential (RM, RMX, RSA, RSD or RTA) district.

(.c) Side and rear lot lines and non-primary street frontages of a lot that abuts or includes the right-of-way of a railroad or any of the following public highways and their associated access ramps:

(i) Delaware Expressway;

(ii) Schuylkill Expressway;

(iii) Vine Street Expressway;

(iv) Roosevelt Expressway;

(v) Roosevelt Boulevard;

(vi) Woodhaven Road, between the County Line and Evans Street;

(vii) Vare Avenue;

(viii) Walt Whitman Bridge Approach;

(ix) Passyunk Avenue, between Dover Street and 61st Street;

(x) Frontage Road, between 26th Street and the Schuylkill River;

(xi) 26th Street, between Passyunk Avenue and Penrose Avenue;

(xii) Penrose Avenue, between 26th Street and the Schuylkill River;

(xiii) Betsy Ross Bridge Approach;

(xiv) Tacony-Palmyra Bridge Approach.

(.d) Conflicts with Parking Landscape and Screening.

Where a parking lot, loading space, or drive-through landscape buffer is required in accordance with § 14-803(5)(c) (Perimeter Screening From Abutting Residential Zoning District), the provisions of § 14-705(1)(d) (Landscape Buffering Between Different Zoning Districts) shall not apply to any segments of side or rear lot lines affected by those requirements.

(.2) Buffering Requirements.

(.a) Minimum Requirements.

(i) The applicant shall provide a minimum 8-foot wide buffer along the entirety of the lot line that abuts a lot in a different zoning district from that of the subject parcel or when the lot line abuts or includes a railroad right-of-way, or a public highway and its associated exit ramps listed in § 14-705(1)(d)(.1)(.c).

(ii) All such buffers shall include at least one tree and three shrubs per 20 linear feet.

(iii) Buffers between Industrial and Residential zoning districts shall include a fence, wall, or berm at least eight feet in height.

(iv) All other landscape buffers required under this section shall include a fence, wall, or berm at least six feet in height.

(.b) Tree Selection.

A minimum of fifty percent (50%) of the required buffer trees shall be of an evergreen tree species.

(.c) Fences, Walls, and Berms.

(i) Buffer fences, walls, and berms are not required along segments of a lot line that abut a building on the adjacent lot.

(ii) Buffer 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) Yard Tree Requirements.

(.1) When Yard Trees are Required.

Trees are required to be planted in the yards of all Residential Multi-Family (RM), Commercial (CA), Commercial Mixed-Use (CMX), Industrial (I, IRMX or ICMX), and Special Purpose (SP) zoning districts. Parking lots, areas of required parking lot landscape as listed in § 14-803(5), areas of required vegetated buffer areas as listed in § 14-705(1)(d), and watercourses are excluded from yard tree requirement calculations.

(.2) The requirements of this § 14-705(1)(e) apply to the entirety of a lot, except as follows:

(.a) Where there is an existing structure and the development would not increase the number of dwelling units or the gross floor area by twenty-five percent (25%) or more; or

(.b) Where structures are destroyed and replaced, as set forth in § 14-305(10) (Reconstruction of Destroyed Structures).

(.3) Trees Required.

Yard trees must be provided at a rate of one tree per 1,600 sq. ft. of open area, not including watercourses and any open area in use as driveway access, parking, or landscape buffers necessary to satisfy the requirements of § 14-705(1)(d).

(f) Preservation of Heritage Trees.

The location, DBH, and species of all existing trees shall be included in a landscape and tree plan. Heritage trees may not be removed from any property unless the applicant meets the standards of § 14-705(1)(f)(.1) or obtains a special exception approval in accordance with § 14-705(1)(f)(.2).

(.1) A heritage tree may be removed from a property without a special exception approval, provided that the applicant replaces the removed heritage tree in accordance with § 14-705(1)(g) (Tree Replacement Requirements); and one of the following conditions applies:

(.a) The heritage tree's location meets each of the following conditions:

(i) The lot is less than 70 acres in total size; is zoned I-1, I-2, I-3, or I-P; has a principal Industrial or Wholesale, Distribution, and Storage Use; and includes no Residential uses;

(ii) The tree is at least 75 feet from the nearest street, as measured from the closest point on the tree's trunk at 4.5 feet in height; and

(iii) The tree is at least 75 feet from the nearest lot that is in a Residential (RSD, RSA, RTA, RM, RMX), Commercial (CA), Commercial Mixed-Use (CMX), Special Purpose (SP), or IRMX district, as measured from the closest point on the tree's trunk at 4.5 feet in height.

(.b) One or both of the following applies to the heritage tree:

(i) a certified arborist report, meeting Planning Commission regulations, that has determined that the tree is dead, damaged, diseased, to such an extent that the tree poses or a threat to public health or safety, or a potential danger to life or property; or

(ii) the Streets Department has determined that the tree interferes with the provision of public services or constitutes a hazard to traffic, bicyclists, or pedestrians.

(.c) The lot is held by the Philadelphia Authority for Industrial Development subject to City requirements pertaining to the Industrial and Commercial Development Fund.

(.2) If the standards of § 14-705(1)(f)(.1) are not met, a heritage tree may not be removed from any property unless the applicant obtains a special exception approval. The Zoning Board shall grant a special exception to remove a heritage tree if:

(.a) The applicant replaces the removed heritage tree in accordance with § 14-705(1)(g) (Tree Replacement Requirements);

(.b) It determines that the criteria of § 14-303(7) (Special Exception Approval) have been met; and

(.c) The applicant has demonstrated that the proposed development cannot be practically redesigned to protect the heritage tree.

(g) Tree Replacement Requirements.

(.1) Except as set forth in § 14-705(1)(g)(.2) or § 14-705(1)(g)(.3) below, all healthy trees on the lot of 2.5 in. of DBH or larger that are removed, damaged, or destroyed as a result of development, site clearing, or both shall be replaced on the same lot or an abutting lot in accordance with the following standards:

(.a) All trees proposed for removal and all proposed replacement trees shall be indicated on the site plan.

(.b) The total caliper inches of all replacement trees shall be no less than the total inches of DBH of all trees removed from the lot. Each replacement tree shall not be less than 2.5 caliper in. at planting.

(.c) In the event that the replacement trees are proposed on an abutting lot and such lot is not under the same ownership as the principal lot, a written agreement between the record owners shall be submitted to L&I with the zoning permit application.

(.2) As determined by a certified arborist, and pursuant to Planning Commission regulations, trees removed under the following conditions are exempt from the replacement requirements of § 14-705(1)(g):

(.a) the tree is dead, damaged, or diseased to such an extent that it poses a threat to public health or safety, or a potential danger to life or property.

(.b) the tree is an invasive species identified in Planning Commission regulations.

(.3) Any trees required by and provided pursuant to § 14-705(1)(d) (Landscape Buffering Between Different Zoning Districts), § 14-705(1)(e) (Yard Tree Requirements), or § 14-803(5) (Parking Landscape or Screening), shall be counted towards the total tree replacement requirement of section (.1), above.

(.4) Where total removal of healthy trees equals or exceeds 24 inches DBH, applicants must provide mailed notice of this tree removal to the district councilmember whose district includes the applicant's property and to the Director of the Office of Sustainability.

(.a) L&I shall not issue a zoning permit for an application that is subject to this section until proof of mailing, by means of a cancelled Certificate of Mailing obtained from the United States Postal Service, is submitted.

(.b) Any application that is reviewed by the Zoning Board of Adjustment, the Civic Design Review committee, or both shall be deemed to have satisfied this requirement, provided that the Director of the Office of Sustainability has been provided written notice as a condition of satisfying the requirements of § 14-303(12) (Neighborhood Notice and Meetings).

(h) Credits for Preserving Existing Trees.

Applicants who preserve mature, healthy trees as part of a development project may obtain credits toward trees required by this Zoning Code, other than those required under § 14-705(1)(g). Trees intended to be preserved shall be indicated on the site plan. To obtain credit, the preserved trees must be on the same lot, at least five in. diameter breast height (DBH) and in healthy condition as determined by a certified arborist. The credit for preserved trees shall be as shown in Table 14-705-1. Any preserved trees for which credit is given, and that are lost to damage or disease within two years after the credit is awarded, shall be replaced by the land owner with trees otherwise required.

Table 14-705-1: Tree Preservation Credits

Inches of DBH of Preserved Tree	Credit (in Total Caliper Inches)
Over 12 in.	12 in.
Over 8 in. to 12 in.	8 in.
5 in. to 8 in.	5 in.

(2) Street Tree Requirements.

(a) Applicability.

The street tree requirements of this § 14-705(2) (Street Tree Requirements) shall apply to:

(.1) All development on lots greater than 5,000 sq. ft. in area, except lots with a principal single- family, two-family, parks and open space, or urban agriculture use; and

(.2) Subdivisions of three or more lots.

(b) Certification.

Before L&I may issue a building permit, the applicant must, if subject to the provisions of this § 14-705(2) (Street Tree Requirements), submit a site plan indicating the location and number of street trees to be planted prepared by a licensed architect, licensed landscape architect, licensed professional civil engineer, or a certified arborist that demonstrates compliance with the standards of § 14-705(2) (Street Tree Requirements).

(.1) Existing street trees in healthy condition that will be preserved may be used to meet the requirements of this section.

(.2) New street tree planting shall comply with the following standards:

(.a) At least one street tree per 35 ft. of linear frontage shall be provided. Street trees may be placed at regular or irregular intervals, provided that there is at least 15 ft. of space between tree trunks. Where any of these standards conflict with the regulations of the Streets Department or the Department of Parks and Recreation, the least restrictive regulation shall govern.

(.b) To the extent possible, trees shall be planted in alignment with street trees on the same block or adjacent lots.

(.3) The applicant shall plant the required street trees and manage the tree installation.

(.4) L&I shall not grant a building permit to an applicant unless the applicant either makes a deposit into the City treasury, or posts a bond in form satisfactory to the City Solicitor, in an amount sufficient, as determined by DPR, to pay for the City's costs in purchasing and planting the required street trees in the event the applicant fails to comply with the requirements of this § 14-705(2) (Street Tree Requirements) and applicable regulations, such amount to be refunded or such bond to be marked satisfied upon compliance by the applicant with these requirements. Retention by the City of the deposit or payment on the bond shall not excuse the applicant from applicable fines or penalties.

(3) Installation and Maintenance of Landscape and Trees.

(a) All landscape and trees required to be installed or replaced by this § 14-705 (Landscape and Trees) shall be installed or replaced within two years of the issuance of a building permit for the project, or before the issuance of a certificate of occupancy for the principal building on the lot, whichever is later.

(b) The applicant or owner of each property subject to the requirements of this section is required to maintain all required landscape and trees and replace any tree that dies or is required to be removed due to damage or disease.

(c) Failure to install, replace, or maintain landscape or trees as required by this section is a violation of this Zoning Code and subject to those penalties in § 14-306 (Enforcement).

(1) Applicability.

The fence and wall regulations of this section shall apply in all zoning districts, and to all land uses, unless specifically exempted by another provision of this Zoning Code, or unless inconsistent with a more specific requirement in another provision of this Zoning Code. In addition, all development shall comply with any specific fencing or wall regulations contained in any overlay district standards in Chapter 14-500 (Overlay Zoning Districts) or any use-specific standard in § 14-603 (Use-Specific Standards).

(2) Sight Triangles.

Fences and walls over four ft. in height and more than fifty percent (50%) opaque may not be constructed or installed within any sight triangle.

(3) Residential District Standards.

Fences shall be permitted in residential districts pursuant to this § 14-706(3) (Residential District Standards).

(a) Intermediate Lots.

(.1) Front.

Any fence located nearer to the lot line than the required building setback or the actual distance of the building from the lot line (whichever is greater), shall be no more than four ft. in height and no more than fifty percent (50%) opaque.

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(.2) Side and Rear.

Fences in the rear or at the side that are located at a distance equal to or further from the front lot line than the required building setback or the actual distance to the building from the front lot line (whichever is greater) may be no more than six ft. in height.

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(b) Corner Lots.

Fences on any side of a corner lot building facing a street shall comply with the front setback rules set forth by § 14-706(3)(a)(.1) above for an intermediate lot. Fences on any side of a corner lot building not facing a street shall comply with the side and rear setback rules set forth by § 14-706(3)(a)(.2) above of a non-corner lot.

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Fence posts and gate posts that are integrated as architectural features in the fence design are permitted up to 6.5 ft. in height for side and rear fences and up to 4.5 ft. for front fences, but all portions of the fence other than fence posts and gate posts shall comply with the maximum heights stated in § 14-706(3)(a) (Intermediate Lots) and § 14-706(3)(b) (Corner Lots) above.

(d) Retaining Walls.

Any portion of a retaining wall that exists above the higher level grade shall comply with the requirements for fences. Where a fence is located on top of a retaining wall, the combined height of the retaining wall that exists above the higher level grade and fence shall not exceed the maximum height permitted for a fence. This subsection shall not apply to any retaining wall required to meet alternative standards by any provision of The Philadelphia Code, or any provision of state or federal law, or any regulations adopted to implement the code or those laws.

(e) Fences Around Decks.

Standards for fences around decks are in § 14-604(4) (Decks).

(4) Commercial District Standards.

(a) Intermediate Lots.

(.1) Front.

Any fence located nearer to the front lot line than the building, shall be no more than four ft. in height and no more than fifty percent (50%) opaque.

(.2) Side and Rear.

Fences in the rear or at the side that are located further from the front lot line than the building may be no more than eight ft. in height.

(b) Corner Lots.

Fences on any side of a corner lot building facing a street shall comply with the rules set forth by subsection (a)(.1), above, for fences facing a front lot line on an intermediate lot in that zoning district. Fences on any side of a corner lot building not facing a street shall comply with the rules set forth by subsection (a)(.2), above, for fences facing a side or rear lot line on an intermediate lot in that zoning district.

Standards for fences around decks for all Commercial districts except CMX-4 and CMX-5 are found in § 14-604(4) (Decks).

(d) Fences and Walls for Surface Parking.

Fences and walls for surface parking areas are governed by the parking lot landscape provisions of § 14-803(5) (Parking Landscape and Screening).

(1) Intent.

The outdoor lighting standards of this section are intended to protect residential uses from excessive night time light and glare and to protect motorists from glare along public rights-of-way, to reduce consumption of electricity for lighting purposes, and to assure that exterior lights are shielded through the use of full cut-off fixtures so that they do not cast direct light beyond the property line next to residential areas and public rights-of-way.

(2) Applicability.

The outdoor lighting standards of this section apply to all exterior site and parking lot lighting installed on private lots after the effective date of this Zoning Code except:

(a) Lighting for accessory and non-accessory signs.

(b) Outdoor lighting for a single-family or two-family use.

(c) Outdoor lighting used exclusively for public recreational activities, sporting events at stadiums and ball fields, concerts, plays, or other outdoor events that are open to the public.

(d) Outdoor lighting used for emergency equipment and work conducted in the interest of law enforcement or for public health, safety, or welfare.

(e) Outdoor lighting used for a temporary event lasting less than 14 days.

(f) Seasonal outdoor lighting used less than 60 days per calendar year.

(g) Outdoor parking lot lighting in Special Purpose (SP) zoning districts.

(3) Certification.

Zoning permit applications must, if subject to the provisions of this § 14-707 (Outdoor Lighting), include a lighting plan prepared by a licensed architect or a licensed professional civil engineer that demonstrates compliance with the standards of this § 14-707 (Outdoor Lighting).

(4) General Standards.

(a) Prohibited Lighting.

(.1) Strobe lights that are visible from another property may only be installed by the Philadelphia Regional Port Authority or the Philadelphia Division of Aviation.

(.2) Rotating lights may not be installed in any location where they are visible from any public street.

(.3) Awnings used for building accents over windows or similar features shall not be internally illuminated (i.e., from underneath or behind the awning). However, internal illumination of awnings over doors is permitted for safety purposes.

(b) Shielding.

All light sources shall be shielded to prevent glare and spillover beyond the property line. All light sources shall be designed, located, and installed so that the light source is not visible from any Residential district.

All exterior lighting fixtures shall produce at least 80 lumens per watt of energy consumed, as documented by manufacturer's specifications or the results of an independent testing laboratory.

(5) Parking Area Lighting.

(a) Light fixtures shall be located to provide a relatively uniform level of lighting and to avoid extreme contrasts between levels of lighting, except as necessary to prevent glare onto adjacent properties.

(b) Within any Residential district, the maximum permitted height of light poles or wall mounted lights is 20 ft.

(c) Within any Commercial or Special Purpose district, the maximum permitted height of light poles or wall mounted lights is 25 ft. within 50 ft. of any Residential district or any lot in residential use, and 35 ft. in all other areas.

(d) Within any Industrial district, the maximum permitted height of light poles or wall mounted lights is 25 ft. within 50 ft. of any Residential district or any lot in residential use, and 50 ft. in all other areas.

(6) Canopy Lighting.

(a) All canopy lighting shall use recessed luminaire fixtures and must be designed and located so as to prevent glare onto adjacent properties.

(b) As an alternative or supplement to recessed lighting, indirect lighting may be used where light is directed upward and then reflected down from the underside of the canopy. When this method is used, light fixtures must be shielded so that direct light is focused exclusively on the underside of the canopy and is not visible from any residential use adjacent to the subject property or from any public right-of-way.

(d) Highly reflective material shall not be installed on the underside of the canopy.

(1) Intent.

The subdivision standards of this § 14-708 (Subdivision Standards) are intended to achieve orderly urban development through land subdivision, to promote and develop the utilization of land to assure the best possible urban environment, to cause land subdivision to be in accordance with the adopted plans of the City, and to promote the health, safety, and general welfare of the community.

(2) Applicability.

(a) This § 14-708 (Subdivision Standards) shall apply to the activities described in § 14-304(7)(a) (Applicability).

(b) No subdivision shall be commenced and no street, driveway, sanitary sewer, stormwater sewer, water main, or public service or other facilities in connection with the subdivision shall be constructed, maintained, opened, or dedicated for public use, or for the common use of occupants of buildings on those lands, until the applicant has completed a subdivision pursuant to § 14-304(7) (Subdivisions and Subdivision Plats).

(c) No subdivider shall sell any lot in a subdivision, or erect any building upon land in a subdivision, unless and until a subdivision has been completed pursuant to § 14-304(7) (Subdivisions and Subdivision Plats).

(3) Subdivision General Design Standards.

The principles, standards, and requirements set forth in this § 14-708 (Subdivision Standards) shall be applied by the Commission in its review of proposed subdivision. These principles and standards are the minimum required and whenever they conflict with any other applicable provision of this Zoning Code, the more restrictive provision shall govern.

(a) Suitability of Land Use.

Land shall be suited to the purposes for which it is to be subdivided and all plans shall be in reasonable conformity with the applicable sections of the Comprehensive Plan and its amendments.

(b) Visitability.

In any subdivision containing 50 or more detached, semi-detached or attached houses, at least ten percent (10%) of the houses shall be visitable dwelling units, as defined in Chapter 14-200 (Definitions).

(.1) Before the Commission may approve a Preliminary Plat, the Commission shall determine that the proposed subdivision will not preclude ten percent (10%) of the houses from containing a step-free or accessible ground floor entrance on an accessible route that complies with ICC A117 as adopted in Title 4 (The Philadelphia Building Construction and Occupancy Code), and that has a maximum slope not to exceed 1:12.

(.2) Before L&I may issue a building permit, L&I shall verify that at least ten percent (10%) of the houses in the subdivision are visitable dwelling units.

If a subdivider reserves an area for community facilities, that area shall be adequate for building sites for those facilities, landscape, and off-street parking as is appropriate to the use proposed.

(d) Larger Developments.

Where development covered by § 14-708(2)(a) above is located on a gross land area of three or more acres, it shall comply with following standards.

(.1) To the maximum extent feasible, it shall connect with the existing street grid.

(.2) Each street frontage of the project site shall include at least one street stub or connection to the external street system every 1,500 ft, where feasible.

(.3) Whenever cul-de-sac streets are created, one 10 ft. wide public utility easement shall be provided between the cul-de-sac head or street turnaround and the sidewalk system of the closest adjacent street located within 300 ft. of the end of the cul-de-sac, unless (1) the Streets Department determines that public access in that location is not practicable due to site or topography constraints, and (2) the Water Department determines that public utility in that location is not practicable due to site or topography constraints.

(4) Subdivision Block and Lot Standards.

(a) The length, width, and shape of blocks shall be designed with due regard for topography and drainage, the requirements of the base and overlay zoning districts in which the property is located, suitable building sites for the land use contemplated, and safe and convenient vehicular, pedestrian, and bicycle circulation.

(b) All blocks shall be provided with a minimum three ft. wide planting strip adjacent to any public right-of-way.

(c) Reverse frontage lots shall be avoided except where essential to provide separation from traffic arteries or to provide protection for abutting properties or to overcome certain conditions of topography or orientation.

(d) Residential blocks must have sufficient depth to accommodate two tiers of lots, except where reverse frontage lots are required pursuant to § 14-708(4)(c) above.

(e) Interior walkways are required where necessary to facilitate circulation or provide access to community facilities.

(f) Side lot lines shall be substantially at right angles or radial to street lines.

(g) Depth and width of lots laid out or reserved for nonresidential use shall be adequate for the use proposed and shall be of sufficient size to provide for off-street loading, unloading, and parking.

(h) Where no off-lot sewerage or water facilities are available, the allowable lot size shall be determined by the Commission. In fixing the allowable lot size, the Commission shall give consideration to the topography of the site, the location of existing and proposed buildings on the lot and existing buildings on adjacent lots, the location of existing sewerage and water facilities on adjacent property, the water table, the geology and characteristics of the soil, the type and size of proposed sewerage and water facilities, and the estimated use of those facilities.

(5) Subdivision Street Standards.

(a) Streets shall be logically related to the topography so as to produce reasonable grades and suitable building sites and to reduce soil erosion and runoff into waterways.

(b) Proposed streets shall conform to the requirements of all adopted plans for the area and the requirements of this Zoning Code.

(d) Streets in Residential districts shall be laid out to discourage through traffic to the degree consistent with the continuation of existing or proposed major streets or highways.

(e) If lots resulting from original subdivision are large enough to permit re-subdivision, or if a portion of the lot is not subdivided, adequate street rights-of-way to permit further subdivision shall be designated on the submitted preliminary plat.

(f) Where a subdivision abuts or contains an existing or proposed major street or highway, the Commission may require marginal access streets, driveways, reverse frontage lots, or such additional treatment as will reduce the number of intersections with that street or highway, separate local and through traffic, and provide protection for abutting properties.

(g) Dead end streets shall be prohibited, except as short stubs to permit future street extension into adjoining lots, or when designed as cul-de-sacs.

(h) Cul-de-sac streets shall not exceed 500 ft. in length and shall have at the closed end a turn-around containing a right-of-way having an outside radius of not less than 50 ft., which shall be paved to a radius of not less than 40 ft.

(i) Street Widths.

(.1) Minimum street right-of-way and cartway widths shall conform to the Comprehensive Plan or, if not shown on that plan, shall conform to the following:

(.a) Two-Way Streets.

(i) A primary residential street shall have a cartway 64 ft. wide included in the right-of- way, but in no case shall the right-of-way be less than 88 ft. wide.

(ii) A secondary residential street shall have a cartway 34 ft. wide included in the right-of- way, but in no case shall the right-of-way be less than 54 ft. wide.

(iii) A tertiary residential street shall have a cartway 26 ft. wide included in the right-of- way, but in no case shall the right-of-way be less than 50 ft. wide.

(iv) A marginal access street shall have a cartway 26 ft. wide, included in a right-of-way, but in no case shall the right-of-way be less than 36 ft. wide.

(.b) One-Way Streets.

A one-way street shall have a cartway 20 ft. wide, included in the right-of-way, but in no case shall the right-of-way be less than 44 ft. wide.

(.2) Additional right-of-way and cartway requirements may be established by the Commission in order to lessen congestion in the streets, to secure safety from fire, panic, and other dangers, to facilitate the adequate provision for transportation and other public requirements and to promote the general welfare.

(.3) Short extensions of existing streets with narrower right-of-way or cartway widths may be permitted at the discretion of the Commission.

(j) Street Alignment.

(.1) Whenever street lines are deflected more than five degrees, connection shall be made by horizontal curves.

(.2) To ensure adequate sight distance, center line radii for horizontal curves shall be not less than 150 ft. on primary residential streets and 100 ft. on secondary and tertiary residential streets.

(.3) A tangent of at least 50 ft. shall be required between reverse curves.

(k) Street Grades.

(.1) Centerline grades shall, wherever possible, be not less than three-fourths of one percent (0.75%).

(.2) Centerline grades shall not exceed ten percent (10%) on primary and secondary residential streets and twelve percent (12%) on tertiary residential streets.

(.3) Vertical curves shall be used at changes of grades exceeding three percent (3%) and shall be designed in relation to the extent of the grade change and to provide sight distances of at least 200 ft. on primary residential streets, 150 ft. on secondary residential streets, and 100 ft. on tertiary residential streets.

(.4) Where the grade of any street at the approach to an intersection exceeds four percent (4%), sufficient leveling areas having a maximum grade of four percent (4%) shall be provided for a distance of 25 ft. measured from the nearest right-of-way line of the intersecting street.

(l) Street Intersections.

(.1) Streets shall be laid out to intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 75 degrees.

(.2) Intersections with major streets or major highways should be reduced to a minimum.

(.3) Streets entering opposite sides of another street shall be laid out either directly opposite one another or with a minimum offset of 125 ft. between their center lines.

(.4) Curb radii shall be provided at street intersections varying according to the types of streets intersecting and the angle at which they intersect, but none shall be less than 15 ft.

(m) Sidewalks.

Each proposed public or private street shall include a sidewalk with a clear width of at least five ft. on both sides of the street unless the Streets Department waives the requirement based on public safety or site and topography constraints.

(6) Subdivision Driveways and Easements.

(a) Where permitted, shared driveways shall have a minimum paved width of 15 ft. when serving residential properties on two sides and a minimum paved width of 12 ft. when serving residential properties on one side only.

(b) Shared driveways shall be required in nonresidential subdivisions, except where other adequate provision is made for off-street loading and parking consistent with the use proposed. Where required, shared driveways shall have a minimum paved width of 18 ft.

(c) Dead end shared driveways shall be avoided if possible, but if unavoidable they shall be terminated with a paved turning area having a minimum depth of 35 ft. and a minimum width of 10 ft.

(d) Driveway intersections and sharp changes in alignment shall be avoided. Where necessary, corners shall be rounded or cut back sufficiently to permit safe vehicular circulation.

(e) Easements shall be provided as necessary for public utilities and shall have a minimum width of 10 ft. Easements shall be located on or be adjacent to rear or side lot lines.

(f) Where a subdivision is traversed by a watercourse, a drainage easement or right-of-way conforming substantially to the line of the watercourse and of a width adequate to preserve natural drainage shall be provided. Each drainage easement or right-of-way shall not be less than 25 ft. in width.

(g) Where a subdivision adjoins a park, watercourse, or other land use different from that on the proposed lots, the Commission may require a setback from that park, watercourse, or other land use for the protection of or separation of those land uses. Each setback shall be not less than 10 ft.

Philadelphia City Zoning Code

CHAPTER 14

700. DEVELOPMENT STANDARDS

(1) General Provisions.

(a) Applicability.

(b) Dimensional Tables.

(d) Requirements for Lots with Multiple Street Frontages.