§ 14-214. "RC-4" Residential District. 82

   (1)   Legislative Findings. The Council finds that:

      (a)   The current system of floor area bonuses in the Zoning Code, in many cases, has resulted in the construction of buildings with public space that is unattractive, inaccessible and which makes little contribution to the ambiance or the pedestrian experience of Center City.

      (b)   Requiring enhanced public access, seating, landscaping, lighting, public art and other amenities as part of high density commercial and residential developments in the "RC-4" Residential District would have a positive impact on the appearance and function of those developments, would provide attractive, accessible and useable public space for the occupants of these buildings as well as for visitors and the general public and would contribute to the economic and social vitality of the City of Philadelphia.

      (c)   Philadelphia has long been recognized and noted for encouraging public art through requirements in the City Charter and of the Redevelopment Authority and the City's collection of public art is a distinctive asset. Inclusion of public art in the public space of all major new buildings will enhance the appearance of these buildings as well as expand the public enjoyment and experience associated with the public space. Therefore, public art should be provided as an integral part of the public space requirements for buildings for which additional gross floor area is granted.

      (d)   The current requirements of the "RC-4" Residential District do not include design standards which adequately address the provision of light and air to adjacent public sidewalks and streets.

      (e)   Because Philadelphia's Center City is concentrated, is built on a grid system of streets, and is served by accessible public transit, it has become known for having "a walkable downtown". The retention of the ambiance of bright, attractive streets and sidewalks is important to maintaining this image and function. Therefore, buildings should be designed so as to minimize the adverse impact upon the availability of light and air to the public sidewalks, and to minimize the adverse effect upon the abutting sidewalk of other functions related to the building, such as parking and loading.

      (f)   Despite the demonstrated need for retail commercial space to serve the occupants of office buildings and to enliven the abutting sidewalks and public spaces, such retail space is currently not required nor encouraged under the provisions of the Zoning Code.

      (g)   While loading and unloading of trucks in the public streets and onto and across the public sidewalk often creates pedestrian and vehicular safety hazards, congestion and other traffic problems, the current provisions of the "RC-4" Residential District do not regulate open air loading and unloading.

      (h)   The storage and disposal of trash and garbage is the responsibility of the owner of the building. The use of the public streets and sidewalks to store and handle the trash and garbage from Center City commercial establishments contributes greatly to litter throughout Center City and constitutes a threat to public health and safety. Therefore, storage of trash and disposal of garbage should be accommodated within the building.

      (i)   The demolition of buildings to allow for surface parking lots has had a negative impact on retail continuity in Center City, has impaired the architectural and/or historical context of many areas of Center City and has resulted in the proliferation of curb cuts, which has had a negative impact upon the safety and flow of pedestrian and vehicular traffic.

      (j)   Center City Philadelphia is noted for the close relationship between the business core and surrounding residential neighborhoods. These neighborhoods are predominantly characterized by a mixture of two (2) to five (5) story houses, many of which are more than one hundred (100) years of age. Philadelphia has had a long tradition of historic preservation. An important element of preservation is the retention of the historic scale of the residential neighborhoods and the scale of development where the business core abuts the neighborhoods. Accordingly, special bulk and height controls are desirable and necessary to control new development south of Chestnut street.

      (k)   Another important element in preserving the historic scale of the residential neighborhoods of Center City is to discourage the destruction of historic buildings because they are believed to be no longer economically viable. This can occur because of market forces, because existing zoning permits a building to be replaced by a larger building or because a building does not generate enough revenue to sustain its existence. The sale and transfer of the excess development rights of historic properties to other properties, located in areas of the business core where dense commercial development is appropriate, would generate funds to make such properties more economically viable and to permit and encourage preservation and maintenance of historic properties.

      (l)   Center City Philadelphia is well served by public transportation facilities which provide ease of access to tenants, employees and customers of Center City buildings. Increased usage and demands upon these facilities result from increased levels of development. In order to maintain these facilities and to mitigate against this impact, developers of major new buildings should be encouraged to maintain, construct, rehabilitate or contribute to the maintenance, construction, and/or rehabilitation of public transit facilities within close proximity to their development.

      (m)   While new development contributes to the tax base of the City and provides employment opportunities, it also places increased demands upon the City in the form of increased pedestrian, automobile and truck traffic. Therefore, controls upon the number and location of curb cuts are necessary to protect the public safety and to facilitate pedestrian, automobile and truck traffic.

   (2)   Use Regulations. It is the intention of this Section to allow for types of uses that are commonly found in and compatible with, a high-density business core. The uses permitted in this District are those which minimize negative impact upon and which are compatible with the use and enjoyment of the public sidewalks and public space by large numbers of people and which enliven and enhance the public use, experience and enjoyment of these spaces. Therefore, the specific uses permitted in this District shall be the erection, construction, alteration or use of buildings and/or land for:

      (a)   The uses permitted in "RC-3" Residential Districts subject to all the use qualifications set forth therein except:

         (.1)   All limitations on multiple buildings on a lot, whether stated or implied, shall not apply, provided that permanent and/or portable vendor stands, vendor carts and/or retail kiosks shall be permitted only when ancillary to the main use of the property or as part of the required retail space. This provision is intended to prohibit the placement of vending machines, vendor stands and/or retail kiosks as the principal use of a lot or as a use accessory to a parking lot.

         (.2)   All limitations on professional offices and other commercial uses shall be removed and these uses shall be subject to the limitations set forth below.

         (.3)   Commercial Uses. Permitted commercial uses shall be subject to the following limitations:

            (.a)   Such uses shall be permitted only on the first floor of buildings five (5) stories or less in height, provided that such use shall be permitted on the first or second story of buildings greater than six (6) stories in height, further provided that such uses shall be permitted anywhere in buildings fifteen (15) stories or greater in height;

            (.b)   One such use, not to exceed thirty-three percent (33%) of the gross floor area of the ground floor, shall be permitted in any structure containing less than twenty-five (25) dwelling units, provided that such use is limited to the ground floor of the structure;

            (.c)   Such uses shall be permitted in structures containing twenty-five (25) or more dwelling units, at the rate of fifty square feet of commercial area for each dwelling unit actually existing at the time of the beginning of such commercial use;

            (.d)   Business or professional offices, personal services or treatment of patients shall be permitted provided that in buildings six (6) stories or greater in height containing twenty-five (25) or more dwelling units, these uses shall not be located below the second story; and

            (.e)   Only the following commercial uses shall be permitted:

               (.i)   Sales at retail, separately or in any combination, in completely enclosed stores, shops or structures, or from vendor carts or stands located within the public space of the premises and dealing directly with consumers: apparel, confections, drugs, flowers, foods, giftshop goods, greeting cards, jewelry (including watch repair), reading material, tobacco goods and variety store goods;

               (.ii)   Custom tailoring or dressmaking, laundry and/or dry cleaning pickup agency (provided that no laundering and/or dry cleaning shall be done on the premises);

               (.iii)   Restaurant, soda or ice cream fountain, catering and outdoor café.

         (.4)   The following uses shall be prohibited:

            (.a)   Private open-air parking lot, accessory to any use permitted in this District, which is not on the same lot as the permitted use or on a lot abutting the permitted use;

            (.b)   Private parking lot, accessory to any use permitted in this District, which is located on Chestnut street or Walnut street between Front street and the Schuylkill River, or which is located within two hundred feet of the Benjamin Franklin parkway;

            (.c)   Parking garages with a capacity of over five hundred (500) cars which are on a lot which is located south of the South street line of Chestnut street between Front street and the Schuylkill River, except garages on lots which have frontage on Broad street;

            (.d)   Parking garages which are located on Chestnut street or Walnut street between Front street and the Schuylkill River, on Locust street between Front street and Juniper street or between Fifteenth street and the Schuylkill River, on Spruce street east of Broad street, or on the Benjamin Franklin parkway which have vehicular ingress and/or egress on Chestnut street, Walnut street, Locust street or the Benjamin Franklin parkway;

            (.e)   Loading and trash storage areas which have vehicular ingress and/or egress on Chestnut street or Walnut street between Front street and the Schuylkill River, on Locust street between Front street and Juniper street or between Fifteenth street and the Schuylkill River, on Spruce street east of Broad street, or on the Benjamin Franklin parkway;

            (.f)   Restaurants which serve patrons who remain in their vehicles;

            (.g)   Vending machines, vendor stands and/or retail kiosks as the principal use of a lot or as a use accessory to a parking lot;

            (.h)   Any permitted use within an existing building or upon a lot for which a trash storage area, within the building and/or lot, as herein provided, is not provided when an application for a change of use of the building or lot requires the issuance of a new Use Registration Permit; and

            (.i)   Any restaurant, café, soda or ice cream fountain, catering, or preparation and sale of food to be consumed off or on the premises and/or any outdoor dining areas which is placed on a lot after the effective date of this Section which does not have a garbage disposal system and a trash storage area, within the building and/or lot as herein provided.

   (3)   Use Regulations, With A Special Use Permit. The following uses shall be permitted in this district only if a Zoning Board of Adjustment Special Use Permit, as herein provided, is obtained:

      (a)   Accessory private parking lots except as prohibited in § 14-214(2)(a)(.4)(.a) and (.b) above;

      (b)   Loading and/or trash storage areas which are located on Broad street between Pine street and Spring Garden street or on Market street between Front street and the Schuylkill River and which have vehicular ingress and/or egress on Broad street or Market street;

      (c)   Accessory parking garage or permitted accessory parking lots which are located on Broad street between Pine street and Spring Garden street or on Market street between Front street and the Schuylkill River and which have vehicular ingress and/or egress on Broad street or Market street; and

      (d)   Private above ground parking garage, incidental to any use permitted in this District.

   (4)   Area Regulations. These regulations are intended to encourage residential/commercial development that is sympathetic to and compatible with the existing pattern of development. Their goal is to protect and reinforce the historic scale of certain areas and to ensure the continuity of use and architectural scale in other areas. These regulations recognize that some areas of Center City are more appropriate than other areas for the erection of tall, dense buildings and, therefore, encourage such development in some areas while discouraging it in others. These regulations are intended to ensure that new development creates lively, well lit, attractive and useable sidewalks and public spaces and to encourage the creation of unique and exciting new areas of public enjoyment.

      (a)   Occupied Area. Subject to all other provisions and requirements of these districts as set forth below, buildings may occupy up to one hundred percent (100%) of the lot area, except that buildings of five (5) stories or less containing one (1) or more families shall not occupy more than ninety percent (90%) of the lot area.

      (b)   Open Area. Open area shall be determined by other provisions and requirements, set forth herein, except that buildings of five (5) stories or less containing one (1) or more families shall have an open area of not less than ten percent (10%) of the lot area. Yards and courts shall at least equal an area not less than the total required open space.

      (c)   Open Area Above Ground Level. In order to prevent the entire street and adjoining sidewalks and public spaces from being placed in constant shadow, buildings should occupy less of the area of the lot as they become taller. These controls should be established to enhance the utility of public space as well as the public sidewalk by providing for the penetration of sunlight and air. Therefore, development controls which require that the upper floors of buildings occupy no more than thirty percent (30%) to seventy-five percent (75%) of the lot area, are imposed as follows, provided, that when lots are located in areas which are subject to other more restrictive height and bulk controls set forth in other Sections of this Title, the most restrictive regulations shall apply.

         (.1)   Buildings within the basic allowable gross floor area, as provided herein, and three hundred feet or less in height above the average ground level:

            (.a)   Buildings which have a gross floor area not exceeding a floor area ratio of five hundred percent (500%) may occupy one hundred percent (100%) of the lot for the first sixty-five feet of building height measured above the average ground level. Portions of a building above this level may not occupy more than seventy- five percent (75%) of the lot.

         (.2)   Buildings not within the basic allowable gross floor area, as provided herein and/or the first three hundred feet of building height:

            (.a)   From ground level to a point sixty-five feet above the average ground level of the lot, buildings may occupy one hundred percent (100%) of the lot;

            (.b)   From a point sixty-five feet above the average ground level of the lot, buildings, including mechanical space, shall occupy no more than seventy-five percent (75%) of the lot up to a point three hundred feet in height above the average ground level;

            (.c)   From three hundred feet above the average ground level of the lot, buildings, including mechanical space, shall occupy no more than fifty percent (50%) of the lot up to a point five hundred feet in height above the average ground level, or buildings, including mechanical space, over three hundred feet but less than five hundred feet in height above the average ground level may be constructed so that the average lot coverage of the building above a point sixty-five feet above the average ground level of the lot, shall not exceed sixty percent (60%) of the lot;

            (.d)   From five hundred feet above the average ground level of the lot, buildings, including mechanical space, shall occupy no more than forty percent (40%) of the lot up to a point seven hundred feet in height above the average ground level, or buildings, including mechanical space, over five hundred feet but less than seven hundred feet in height above the average ground level may be constructed so that the average lot coverage of the building above a point sixty-five feet above the average ground level of the lot, shall not exceed fifty percent (50%) of the lot;

            (.e)   From seven hundred feet above the average ground level of the lot, buildings, including mechanical space, shall occupy no more than thirty percent (30%) of the lot, or buildings, including mechanical space, over seven hundred feet in height above the average ground level may be constructed so that the average lot coverage of the building above a point sixty-five feet above the average ground level of the lot, shall not exceed forty percent (40%) of the lot.

      (d)   Building Set-back, Front Yards and Rear Yards. In this district, building set-backs, front yards and rear yards shall not be required, subject to other requirements contained herein, for legally required windows, set- backs to ensure the penetration of sunlight, set-backs to ensure continuity of development, for the adequate spacing of buildings, and/or for public space, provided, that when lots are located in areas which are subject to other more restrictive set-back or yard controls set forth in other Sections of this Title, the most restrictive regulations shall apply.

      (e)   Yards and Courts. For buildings of four (4) stories or less with less than three (3) families the following requirements shall apply:

         (.1)   Side Yards and Courts. When side yards and courts are provided they shall have a minimum width of five feet.

      (f)   Yards and Courts. For buildings of four (4) stories or less with more than three (3) families the following requirements shall apply:

         (.1)   Side Yards and Courts With Legally Required Windows. Any wall with one (1) or more legally required window shall be located so that every point of the wall shall be a minimum horizontal distance which is not less than the height of the wall, from:

            (.a)   the opposite side of any street the wall faces;

            (.b)   any facing lot line which is not a street line; and

            (.c)   any opposing wall on the same lot.

         (.2)   Side Yards and Open Courts Without Legally Required Windows. When side yards and courts are provided they shall have a minimum width of eight feet.

      (g)   Yards and Courts. For buildings of five (5) stories or greater with more than three (3) families the following requirements shall apply:

         (.1)   Side Yards and Courts With Legally Required Windows. Any wall with one (1) or more legally required window shall be located so that every point of the wall shall be a minimum horizontal distance which is not less than the following:

            (.a)   the distance to the opposite side of any street the wall faces;

            (.b)   twenty-five feet from any facing lot line which is not a street line, provided that this distance may be reduced by the width of any abutting property for which the air rights have been purchased or legally obtained (documentation as to the acquisition of the air rights in the form of a recordable instrument which has been approved by the Law Department and acknowledged in the deeds for both properties shall be provided to meet this exception) so as to assure that no wall or structure could be built, at any time in the future, which is at least as high or higher, above ground level, than the legally required window and, within twenty-five feet or less of the legally required windows; or

            (.c)   twenty-five feet from any opposing wall on the same lot, provided that the wall is at least as high or higher above ground level as the legally required window.

         (.2)   Side Yards and Open Courts Without Legally Required Windows. When side yards and courts are provided they shall have a minimum width of eight feet.

   (5)   Set-back and Maximum Building Width. The purpose of this Section is to maintain and reinforce the continuity and character of scale of the existing pattern of development on the major east/west streets south of Market street. These streets which are characterized by large numbers of low scale 18th, 19th and early 20th century residential and commercial buildings have served as traditional pedestrian links and/or retail shopping streets since the beginning of the City's development. The vast majority of block faces within this area of the City are characterized by numerous narrow buildings of diverse scale and architecture. Over eighty-five percent (85%) of the buildings along the major east/west streets are less than sixty feet in width. An additional twelve percent (12%) of the buildings, mostly existing on the corners of major north/south streets, are between sixty feet and one hundred feet wide. The major east/west streets are used daily by thousands of pedestrians moving through and about the city who are drawn here by the pleasant ambiance created by the richness and diversity of the buildings and the availability of a large range of goods and services found at the street level of the buildings that line the sun lighted sidewalks. These controls are intended to retain the relationship between building facades and the sidewalk, by not permitting building set-backs from certain streets, and to ensure the continued penetration of sunlight and air to the sidewalks by imposing height restrictions along the south sides of certain streets, and to continue the diversity of types and scale of buildings by imposing limits on the maximum width of buildings along certain streets. Therefore, all newly erected buildings, and additions to existing buildings shall comply with the following requirements:

      (a)   Buildings or Portions of Buildings Fronting on Chestnut Street. Buildings or portions of buildings fronting on Chestnut street between Front street and the Schuylkill River shall comply with the following requirements:

         (.1)   Set-back. Set-back of buildings or structural elements of buildings or its public space shall comply with the following requirements, except for those portions of the building or its public space subject to the requirements for openings and entranceways, set forth herein:

            (.a)   Chestnut Street. Buildings or portions of buildings abutting Chestnut street shall have no set-back from the street line of Chestnut street.

         (.2)   Maximum Building Width. The maximum width of any newly erected building or existing building to which an addition is added which increases the building's frontage along Chestnut street after the effective date of this Section shall comply with the following building width requirements:

            (.a)   North Side of Chestnut Street. Buildings or portions of buildings abutting the north side of Chestnut street shall not be subject to a maximum building width;

            (.b)   Buildings With Frontage on Broad Street. Buildings or portions of buildings abutting Chestnut street which also have frontage on Broad street shall not be subject to a maximum building width;

            (.c)   South Side of Chestnut Street. Buildings or portions of buildings abutting the south side of Chestnut street which also have frontage on Front street, any numbered street (Second street to Twenty-fourth street), or on Juniper street shall be built so that the total frontage of the building along Chestnut street (measured on a line parallel to Chestnut street) does not exceed one hundred feet. All other buildings shall be built so that the total frontage of the building along Chestnut street (measured on a line parallel to Chestnut street) does not exceed sixty feet.

      (b)   Buildings or Portions of Buildings Fronting on Walnut Street. Buildings or portions of buildings fronting on Walnut street between Front street and the Schuylkill River shall comply with the following requirements:

         (.1)   Set-back. Set-back of buildings or structural elements of buildings or its public space shall comply with the following requirements, except for those portions of the building or its public space subject to the requirements for openings and entranceways, set forth herein:

            (.a)   Walnut Street. Buildings or portions of buildings abutting Walnut street shall have no set- back from the street line of Walnut street.

         (.2)   Maximum Building Width. The maximum width of any newly erected building or existing building to which an addition is added which increases the building's frontage along Walnut street after the effective date of this Section shall comply with the following building width requirements:

            (.a)   North Side and South Side of Walnut Street. Buildings or portions of buildings with frontage on the south side of Walnut street which also have frontage on Front street, any numbered street (Second street to Twenty-fourth street) or on Juniper street shall be built so that the total frontage of the building along Walnut street (measured on a line parallel to Walnut street) does not exceed one hundred feet. All other buildings shall be built so that the total frontage of the building along Walnut street (measured on a line parallel to Walnut street) does not exceed sixty feet;

            (.b)   Buildings With Frontage on Broad Street. Buildings or portions of buildings with frontage on Walnut street which also have frontage on Broad street shall not be subject to a maximum building width.

      (c)   Buildings or Portions of Buildings Fronting on Locust Street. Buildings or portions of buildings fronting on Locust street between Front street and the Schuylkill River shall comply with the following requirements:

         (.1)   Set-back. Set-back of buildings or structural elements of buildings or its public space shall comply with the following requirements, except for those portions of the building or its public space subject to the requirements for openings and entranceways, set forth herein:

            (.a)   Locust Street. Buildings or portions of buildings with frontage on Locust street shall have no set-back from the street line of Locust street.

         (.2)   Maximum Building Width. The maximum width of any newly erected building or existing building to which an addition is added which increases the building's frontage along Locust street after the effective date of this Section, shall comply with the following building width requirements:

            (.a)   North Side and South Side of Locust Street. Buildings or portions of buildings with frontage on the south side of Locust street which also have frontage on Front street, any numbered street (Second street to Twenty-fourth street) or on Juniper street shall be built so that the total frontage of the building along Locust street (measured on a line parallel to Locust street) does not exceed one hundred feet. All other buildings shall be built so that the total frontage of the building along Locust street (measured on a line parallel to Locust street) does not exceed sixty feet;

            (.b)   Buildings With Frontage on Broad Street. Buildings or portions of buildings with frontage on Locust street which also have frontage on Broad street shall not be subject to a maximum building width.

      (d)   Buildings or Portions of Buildings Fronting on Spruce Street. Buildings or portions of buildings fronting on Spruce street between Front street and the Schuylkill River shall comply with the following requirements:

         (.1)   Set-back. Set-back of buildings or structural elements of buildings or its public space shall comply with the following requirements, except for those portions of the building or its public space subject to the requirements for openings and entranceways, set forth herein:

            (.a)   Spruce Street. Buildings or portions of buildings with frontage on Spruce street shall have no set-back from the street line of Spruce street.

         (.2)   Maximum Building Width. The maximum width of any newly erected building or existing building to which an addition is added which increases the building's frontage along Spruce street after the effective date of this Section shall comply with the following building width requirements:

            (.a)   North Side and South Side of Spruce Street. Buildings or portions of buildings with frontage on the south side of Spruce street which also have frontage on Front street, any numbered street (Second street to Twenty-fourth street) or on Juniper street shall be built so that the total frontage of the building along Spruce street (measured on a line parallel to Spruce street) does not exceed one hundred feet. All other buildings shall be built so that the total frontage of the building along Spruce street (measured on a line parallel to Spruce street) does not exceed sixty feet;

            (.b)   Buildings With Frontage on Broad Street. Buildings or portions of buildings with frontage on Spruce street which also have frontage on Broad street shall not be subject to a maximum building width.

      (e)   Openings and Entranceways. A major goal of the area regulations of this District is to create a system of land use controls that protect the public interest and historic context of Center City while at the same time, permitting and encouraging a broad spectrum of architectural expression. Recognizing that the way a building meets the sidewalk is of critical importance to the ambiance, utility and public enjoyment of the sidewalk, these regulations are intended to encourage the creation of street level activity by requiring certain facade elements at street level along certain streets, and to allow for architectural diversity and interest by allowing for the articulation of building facades. Therefore, entrances, windows and architectural recesses in building facades need not conform to the above listed set-back regulations, but shall comply with the following requirements for all buildings or portions of buildings with frontage on Chestnut street, Walnut street, Locust street and Spruce street.

         (.1)   Entrance Arcades. Entry arcades that do not comply with the set-back requirements set forth in § 14-214(5)(a) through (d) above may be incorporated into a building facade, provided that the entrance arcade shall not exceed in height, above the sidewalk level, more than thirty-three percent (33%) of the total facade height, further provided that the entrance arcade shall in no case exceed forty feet in height above the sidewalk level. In addition, entry arcades shall not exceed thirty feet in width (measured on a line parallel to the street it abuts), provided that all entrance arcades must provide public access to building entrances, retail space and/or other public space; and abut active space, as defined herein, for no less than eighty percent (80%) of the perimeter walls creating the entrance arcade;

         (.2)   Windows, Doors and Architectural Recesses. Windows, doors and architectural recesses that do not comply with the set-back requirements set forth in § 14-214(5)(a) through (d) above may be incorporated into a building facade, provided that no individual or group of windows, doors or recesses shall exceed, in width (measured on a line parallel to the street it abuts), thirty percent (30%) of the street frontage of the facade, further provided that the combination of all windows, doors and architectural recesses shall not exceed, in width (measured on a line parallel to the street it abuts), fifty percent (50%) of the street frontage of the facade in which they are placed;

         (.3)   Openings and Entrances to Public Space. Openings and entrances to public space that do not comply with the set-back requirements set forth in § 14-214(5)(a) through (d) above may be incorporated into a building facade, provided that no individual or combinations of openings or entrances exceed, in width (measured on a line parallel to the street it abuts), thirty percent (30%) of the street frontage of the facade in which they are placed.

      (f)   Active Space Requirements. It is recognized that buildings can enhance the public pedestrian usage of the sidewalks by providing an interesting, lively and active presence at street level. Certain east/west streets south of Market street in Center City, traditionally have served as major pedestrians thoroughfares, attracting heavy pedestrian usage because of the lively, diverse ambiance that characterizes these streets. In addition to being comprised of a variety of small architecturally and historically diverse buildings, these streets, at ground level, contain uses which enliven the street. Retail shops, building lobbies, theaters, restaurants, galleries, exhibitions, churches, etc., give vitality to these streets which, in turn, benefits all of the workers and visitors in Center City. It is in the interest of the City to preserve and enhance the unique character of these streets and to continue their pleasant, active ambiance, thereby retaining an important public asset for the residents, users and visitors to Center City. It is important to require active street level usage of buildings and lots along these streets. Therefore, for lots fronting on Chestnut street, Walnut street and Locust street between Front street and the Schuylkill River, active space shall be provided along no less than eighty percent (80%) of the frontage along Chestnut street, Walnut street and Locust street.

         (.1)   The following uses, either individually or in any combination, shall qualify as active space in meeting requirements for such space as set forth herein:

            (.a)   Retail sales areas and restaurants;

            (.b)   Office, hotel and/or theater lobbies;

            (.c)   Libraries, museums, galleries and exhibition space;

            (.d)   Places of worship;

            (.e)   Enclosed public space, enclosed gardens, public rooms, through block connections; and

            (.f)   Entrances to public transit stations and/or the public transit concourse.

   (6)   Set-back and Building Spacing Requirements. It is recognized that buildings which deny the penetration of light and air to the public sidewalks detract from the use of such sidewalks by the public and sidewalks which are constantly in the twilight of building shadows are less hospitable to pedestrian usage. Carefully designed set- back and building spacing requirements can enhance the public pedestrian usage of the sidewalks by providing for the adequate penetration of sunlight and air. Therefore, these requirements are intended to ensure adequate penetration of light and air to surrounding sidewalks, public spaces and buildings, and to maintain the adequate spacing of buildings in areas of the City where buildings of the greatest height and density are permitted.

      (a)   John F. Kennedy Boulevard. For lots fronting on or south of the south side of John F. Kennedy boulevard between Fifteenth street and the Schuylkill River, the following regulations shall apply:

         (.1)   Set-back.

            (.a)   John F. Kennedy Boulevard Frontage. There shall not be a set-back required;

            (.b)   Frontage on Numbered Streets. For lots with frontage on numbered streets and which are between John F. Kennedy boulevard and Market street, the minimum building set-back line shall be five feet.

         (.2)   Spacing of Buildings Sixty-five Feet or Greater in Height Within the First Ninety Feet South of the South Side of John F. Kennedy Boulevard between Fifteenth Street and Twenty-fourth Street Inclusive.

            (.a)   The minimum distance between buildings, from a point sixty-five feet or greater above the average ground level, shall be seventy-five feet;

            (.b)   Along any property line which is not a street line and which is parallel to any numbered street, the minimum distance between the building, from a point sixty-five feet or greater above the average ground level, and the property line shall be thirty-seven and one-half feet.

         (.3)   Aggregate Building Width For Buildings or Portions of Buildings Over Sixty-five feet in Height. Within the first ninety feet south of the south side of John F. Kennedy boulevard, all buildings or portions of buildings over sixty-five feet above the average ground level, measured along a line parallel with John F. Kennedy boulevard, shall have a maximum aggregate width not exceeding two hundred fifty feet or sixty-six percent (66%) (whichever is less) of the block frontage along John F. Kennedy boulevard.

      (b)   Market street. For lots fronting on or south of the south side of Market street between Fifteenth street and the Schuylkill River the following regulations shall apply:

         (.1)   Set-back.

            (.a)   Market street Frontage. There shall not be a set-back required;

            (.b)   Frontage on Numbered Streets. For lots with frontage on numbered streets and which are between John F. Kennedy boulevard and Market street, the minimum set-back line shall be five feet.

         (.2)   Spacing of Buildings Sixty-five Feet or Greater in Height Within the First Ninety Feet South of the South Side of Market Street between Fifteenth Street and Twenty-fourth Street Inclusive.

            (.a)   The minimum distance between buildings, from a point sixty-five feet or greater above the average ground level, shall be seventy-five feet;

            (.b)   Along any property line which is not a street line and which is parallel to any numbered street, the minimum distance between the building, from a point sixty-five feet or greater above the average ground level, and the property line shall be thirty-seven and one-half feet.

         (.3)   Aggregate Building Width For Buildings or Portions of Buildings Over Sixty-five Feet in Height. Within the first ninety feet south of the south side of Market street, all buildings or portions of buildings over sixty- five feet above the average ground level, measured along a line parallel with Market street, shall have a maximum aggregate width not exceeding two hundred fifty feet or sixty-six percent (66%) (whichever is less) of the block frontage along Market street.

   (7)   Height Regulations. The height regulations in this district shall be as set forth herein, provided, that when other Sections of this Title require more restrictive height regulations, the more restrictive regulations shall take precedent.

      (a)   John F. Kennedy Boulevard. For lots fronting on and south of John F. Kennedy boulevard between Fifteenth street and the Schuylkill River the following regulations shall apply:

         (.1)   Minimum Height. The minimum height of any building shall be thirty-five feet above the average sidewalk level at the street line;

         (.2)   Maximum Height. There shall not be a maximum height limit;

         (.3)   Frontage On Numbered Streets. For lots with a second frontage along a numbered street, the maximum height for the first fifteen feet of building depth, measured back from the set-back line of the numbered street, shall be sixty-five feet.

      (b)   Market Street. For lots fronting on and south of Market street between Front street and the Schuylkill River the following regulations shall apply:

         (.1)   Minimum Height. The minimum height of any building shall be thirty-five feet above the average sidewalk level at the street line;

         (.2)   Maximum Height. There shall not be a maximum height limit;

         (.3)   Frontage On Other Streets. For lots with a second frontage along numbered streets and Juniper street, the maximum height for the first fifteen feet of building depth, measured back from the set-back line of Juniper street or the numbered street, shall be sixty-five feet.

      (c)   Chestnut Street. For lots fronting on and south of Chestnut street between Front street and the Schuylkill River, except within one hundred thirty feet of the east side of Broad street or within one hundred thirty feet of the west side of Broad street, the following regulations shall apply:

         (.1)   Minimum Height. The minimum height of any building or structure shall be thirty-five feet above the average sidewalk level at the street line;

         (.2)   Maximum Height. The maximum height of any building or structure shall be as follows:

            (.a)   North Side. There shall not be a maximum height;

            (.b)   South Side. Along the south street line of Chestnut street the maximum height of any building, building appurtenance (as permitted in § 14-313 83 except flagpoles), or structure shall be fifty feet above the average sidewalk level. This height limit may be increased to a maximum height of three hundred twenty feet above the average sidewalk level by increasing the height one foot for each foot the building sets back (i.e., along a forty-five degree recession plane) from the street line.

      (d)   Sansom Street. For lots fronting on and south of Sansom street between Front street and the Schuylkill River, except within one hundred thirty feet of the east side of Broad street or within one hundred thirty feet of the west side of Broad street, the following regulations shall apply:

         (.1)   Minimum Height. There shall not be a minimum height limit;

         (.2)   Maximum Height. The maximum height of any building or structure shall be as follows:

            (.a)   North Side. Three hundred twenty feet above the average sidewalk level of Sansom street subject to the height limits for buildings, building appurtenances (as permitted in § 14-313 84 except flagpoles) and structures built on the south side of Chestnut street as set forth in § 14-214(7)(c) above;

            (.b)   South Side. Three hundred twenty feet above the average sidewalk level of Sansom street.

      (e)   Walnut Street. For lots fronting on and south of Walnut street between Front street and the Schuylkill River, except within one hundred feet of the east side of Broad street or within two hundred thirty feet of the west side of Broad street, the following regulations shall apply:

         (.1)   Minimum Height. The minimum height of any building or structure shall be thirty-five feet above the average sidewalk level at the street line;

         (.2)   Maximum Height. The maximum height of any building or structure shall be as follows:

            (.a)   North Side. Three hundred twenty feet above the average sidewalk level of Walnut street subject to the height limits for buildings, building appurtenances (as permitted in § 14-313 85 except flagpoles) and structures built on the south side of Chestnut street as set forth in § 14-214(7)(c) above;

            (.b)   South Side. Along the south street line of Walnut street the maximum height of any building, building appurtenance (as permitted in § 14-313 86 except flagpoles), or structure shall be fifty feet above the average sidewalk level. This height limit may be increased to a maximum height of two hundred sixty feet above the average sidewalk level by increasing the height one foot for each foot the building sets back (i.e., along a forty- five degree recession plane) from the street line.

      (f)   Locust Street. For lots fronting on and south of Locust street between Front street and the Schuylkill River, except within one hundred feet of the east side of Broad street or within two hundred thirty feet of the west side of Broad street, the following regulations shall apply:

         (.1)   Minimum Height. The minimum height of any building or structure shall be thirty-five feet above the average sidewalk level at the street line;

         (.2)   Maximum Height. The maximum height of any building or structure shall be as follows:

            (.a)   North Side. Two hundred sixty feet above the average sidewalk level of Locust street subject to the height limits for buildings, building appurtenances (as permitted in § 14-313 87 except flagpoles) and structures built on the south side of Walnut street as set forth in § 14-214(7)(e) above;

            (.b)   South Side. Along the south street line of Locust street the maximum height of any building, building appurtenance (as permitted in § 14-313 88 except flagpoles), or structure shall be fifty feet above the average sidewalk level. This height limit may be increased to a maximum height of two hundred sixty feet above the average sidewalk level by increasing the height one foot for each foot the building sets back (i.e., along a forty- five degree recession plane) from the street line.

      (g)   Spruce Street. For lots fronting on and south of Spruce street between Front street and the Schuylkill River, except within one hundred feet of the east side of Broad street or within two hundred thirty feet of the west side of Broad street, the following regulations shall apply:

         (.1)   Minimum Height. The minimum height of any building or structure shall be thirty-five feet above the average sidewalk level at the street line;

         (.2)   Maximum Height. The maximum height of any building or structure shall be as follows:

            (.a)   North Side. Two hundred sixty feet above the average sidewalk level of Spruce street subject to the height limits for buildings, building appurtenances (as permitted in § 14-313 89 except flagpoles) and structures built on the south side of Locust street as set forth in § 14-214(7)(f) above;

            (.b)   South Side. Along the south street line of Spruce street there shall not be a maximum height limit.

   (8)   Floor Area Regulations. No building in this District shall have a gross floor area (as defined in § 14-102(52)) greater than that permitted under the provisions herein set forth.

      (a)   Basic Floor Area. Every building in this District shall be permitted a gross floor area of five hundred percent (500%) of the area of the lot.

   (9)   Additional Gross Floor Area Regulations. In order to permit buildings of the appropriate scale and density while recognizing that high density buildings place additional burdens on public space, particularly the public sidewalk, minimum performance standards for such buildings are needed. These standards are created as a method of ensuring that the impact of high density buildings is appropriately mitigated. These performance standards are needed because of increased pedestrian and vehicular traffic generated by the occupants, customers, service providers and visitors to these buildings as well as by the service, loading and parking needs of such buildings. High density buildings can also impact upon the light and air reaching public spaces and sidewalks. Performance standards are needed to ensure that a significant amount of available, useable, accessible and inviting public space is provided to ensure that such buildings properly relate to the sidewalk and public transit concourse; and, to mitigate any negative impact upon the public's use and enjoyment of Center City, which might result from the construction of large high density buildings. Therefore, additional gross floor area equal to eight hundred percent (800%) of the area of the lot will be granted, provided all of the following requirements are met:

      (a)   Minimum Street Frontage. Because of the level of services such as deliveries, loading, trash removal and off-street parking required to support the activities generated by a high density commercial or mixed use building and because of the increased pedestrian and vehicular traffic going to and from such a building, a single street frontage is insufficient to provide minimal levels of services and pedestrian space without overly burdening the street and therefore severely diminishing the public usage and safety at street level. Therefore, in order to qualify for additional gross floor area, a lot must have frontages on no less than two (2) streets confirmed on the City Plan and physically existing at a width of no less than fifty feet.

      (b)   Public Space Objectives. In order to ensure that sufficient, useable, accessible and inviting public space is provided on the same lot as each high density residential or mixed use building, a critical mass of public space should be provided as part of the development of the lot. By requiring a property owner to provide public space within the lot, it is not the intention of this Section to abrogate or otherwise diminish the ownership rights of the lot owner, or in any manner to imply that such public space has any legal status other than privately owned property. This space should be designed so as to respond to all of the following objectives and to conform to all of the requirements imposed herein:

         (.1)   The space should be designed and maintained so as to enhance the overall environment of the building of which it is part;

         (.2)   The space should be easily accessible to pedestrians, including the handicapped, and facilitate pedestrian circulation between pedestrian destinations such as building entrances, active space, public streets, adjacent or abutting public space including that of other buildings and the public transportation system;

         (.3)   The space should provide for the recreation, enjoyment, usage and relaxation of the public by providing seating, public art and landscaping as required herein; and

         (.4)   The space should be open, inviting and available to the general public, without barriers to public ingress and egress, within the limitations set forth herein.

      (c)   Minimum Size of Public Space. The total amount of public spaces, which may include the various types of space permitted herein, separately or in combination shall not be less than thirty percent (30%) of the area of the lot.

      (d)   Location of Public Space. In order to assure accessibility and availability to the general public, public space shall be located at the ground level provided, it may be located at the public transit concourse level or at any level between ground level and the concourse level when the lot abuts the concourse; further provided, in specific instances, public space or portions of public space may be located above ground level as follows:

         (.1)   When a lot is located within the one hundred (100) year flood plain as defined in § 14-1606 of this Title, public space located one foot above the regulatory flood level shall be considered to be at the average ground level of the lot; and

         (.2)   When the lot is located over an active railway right-of-way, public space may be located at any level between the average ground level of the lot and four feet above the minimum clearance that is required to be maintained above the rail top of the rail elevation.

      (e)   Types of Public Space. In order to encourage diversity in design of public space, variety in the types of space available to the public, and all weather usage by the public, various types of public space should be permitted. Therefore, the following types of space shall fulfill the public space requirements for lots qualifying for additional gross floor area:

         (.1)   The Plaza. The plaza is public space which is open to the sky, directly accessible to the public street and/or the public transportation concourse, and which meets the following conditions:

            (.a)   The plaza shall be located at an elevation between the public transportation concourse (when the lot abuts the concourse or a transit station) and an elevation no more than three feet above the average ground level of the lot;

            (.b)   The plaza shall provide direct, unrestricted access to the general public at some point along all its bounding edges;

            (.c)   When the plaza is on a lot which abuts the concourse or a transit station, direct means of public ingress and egress between the plaza and the concourse and/or transit stations shall be provided when such access is not provided elsewhere in the required public space of the lot;

            (.d)   The plaza shall contain public seating, trees, landscaping, lighting, and may contain public art and/or retail space as set forth herein;

            (.e)   A plaza shall consist of an area of contiguous space, the least dimension of which shall not be less than thirty feet in length or depth and the total area of which shall not be less than twenty-five percent (25%) of the public space requirement of the lot; and

            (.f)   The plaza shall be open to the general public at all times.

         (.2)   Enclosed Public Space. Enclosed public space is space which may be totally or partially enclosed by walls and which is covered by a roof so as to allow for year-round, climate controlled, all weather use by the general public. It shall be open to the sky above its roof (i.e., there shall be no occupied floor above the space) and thirty-three percent (33%) of the surface of the perimeter walls, when used, and the entire roof shall be constructed so that seventy-five percent (75%) of their surface consists of glass or other transparent material. Enclosed public space shall also meet all of the following conditions:

            (.a)   Enclosed public space shall be located at an elevation between the public transportation concourse (when the lot abuts the concourse or a transit station) and an elevation no more than three feet above the average ground level of the lot;

            (.b)   Enclosed public space shall provide direct, unrestricted access to the public sidewalk as set forth in § 14-214(9)(f)(.1)(.b);

            (.c)   When enclosed public space is on a lot which abuts the concourse or a transit station, direct means of public ingress and egress between the enclosed public space and the concourse and/or transit station shall be provided when such access is not provided elsewhere in the required public space of the lot;

            (.d)   The enclosed public space shall contain public seating, trees, landscaping, lighting, and may contain public art and/or retail space as set forth herein;

            (.e)   An enclosed public space shall consist of an area of contiguous space, the least dimension of which shall not be less than thirty feet in length or depth and the total area of which shall not be less than twenty- five percent (25%) of the public space requirement of the lot; and

            (.f)   The enclosed public shall be open to the general public during the hours of the day that the building is open to the public.

         (.3)   The Public Room. The public room is space which may be totally or partially enclosed by walls and which is covered by a roof so as to allow for year-round, climate controlled, all weather use by the general public. It shall be located entirely within a building (i.e., there may be occupied floor area above the space), but must be open, inviting and accessible to the general public. The public room shall also meet all of the following conditions:

            (.a)   The public room shall be located at an elevation between the public transportation concourse (when the lot abuts the concourse or a transit station) and an elevation no more than one (1) story or twenty feet, whichever is less, above the average ground level of the lot; provided, that when the public room is located more than three feet above ground level, escalators open to the general public must be provided between ground level and the public room;

            (.b)   The public room shall consist of an area of contiguous space, the minimum volume of which shall not be less than sixty thousand cubic feet and the least dimension of which shall not be less than thirty feet in length, depth or height;

            (.c)   The public room shall provide direct unrestricted access to a public street and when the lot abuts the concourse or a transit station, it shall provide direct public access to the concourse and/or transit station when such access is not provided elsewhere in the required public space of the lot. Such public access may be provided directly to the street or through a plaza, enclosed public space or connector space;

            (.d)   The public room shall contain public seating, trees, landscaping, lighting, and may contain public art and/or retail space as set forth herein;

            (.e)   The public room shall not account for more than thirty-three percent (33%) of the public space requirement of the lot, provided that the public room may account for up to sixty-six percent (66%) of the required public space of the lot provided at least thirty-three percent (33%) of its perimeter wall(s) abut a street or an outdoor public space, said perimeter wall(s) is constructed of glass or other transparent material, and the height of said wall is greater than or equal to thirty-three percent (33%) of the length of the public room at its greatest length or width dimension. In no case may this dimension of length or width be less than thirty feet;

            (.f)   No less than fifty percent (50%) of the perimeter of the public room shall abut retail space, public sidewalk, or other public space; and

            (.g)   The public room shall be open to the general public during the hours of the day that the building is open to the public.

         (.4)   Connector Space. Connector space is space which is open and available to the public, is integrated into the overall design of the building, and which serves to connect the public space of a building with a public street, a public transit concourse, a transit station, other public space within the lot, the public space of another building, entrances to the building or entrances to the retail space of a building. This space is intended to provide open and inviting public access between a building, its public space and/or retail space. Connector space shall meet all of the following conditions:

            (.a)   Connector space may be located at any elevation between the concourse level, when such space is directly accessible to the public transit concourse level or a transit station, and the average ground level of the lot; otherwise it must be located at no more than three feet above the average ground level of the building;

            (.b)   The least dimension of connector space shall be twenty feet in length and width and fifteen feet in height;

            (.c)   Connector space may account for no more than twenty percent (20%) of the total public space requirement; and

            (.d)   Connector space shall be open to the public at all times, provided that connector space which is located within the building shall be open to the public during the hours of the day that the building is open to the public. Connector space which is not within a building shall be open to the public at all times.

         (.5)   The Garden. The garden is public space which is part of a residential or hotel development where over fifty percent (50%) of the gross floor area of the building is used for residential units or hotel rooms. Such space is designed to provide visual relief for the public and is designed so as to provide a higher degree of landscaping, fountains and/or public art than that found in plazas, enclosed public spaces or public rooms. Gardens need not provide for direct public access or seating, and may be open or partially or totally enclosed, subject to all of the following conditions:

            (.a)   In order to provide unrestricted visual access to the public and/or occupants of the building, the garden must abut the public street or a public space for no less than twenty-five percent (25%) of its perimeter. If enclosed by walls, seventy-five percent (75%) of the enclosing walls and roof shall be constructed of glass or other transparent materials;

            (.b)   The garden shall consist of an area of contiguous space, the least dimension of which shall not be less than thirty feet in length, and the least dimension in depth shall not be less than thirty-three percent (33%) of the length of the garden;

            (.c)   The garden shall contain trees, landscaping, lighting, and may contain public art and/or retail space as set forth herein; and

            (.d)   The total cost of the construction and furnishings of the garden exclusive of the costs of the unadorned floors, walls and ceiling (when used) shall not be less than five-tenths percent (.5%) of the construction cost of the building; provided, that this cost shall be in addition to the cost of public art as required in § 14-214(9)(g)(.1) through (.8).

      (f)   Required Conditions for Public Space. To enhance the utility, function, and availability of public space; to expand the public's experience, enjoyment and use of public space; and to provide for the aesthetic, cultural and recreational impact of public space, all public space which is provided in order to qualify for additional gross floor area, as proscribed herein, shall comply with all of the following conditions:

         (.1)   Public Access. In order to facilitate ease of access for all segments of the general public, including the handicapped, public space should offer numerous opportunities for easy, direct and unrestricted access, both physical and visual, in accordance with the following requirements:

            (.a)   Where a plaza or connector space abuts the public street, open access equal to at least twenty-five percent (25%) of the plaza's or connector space's frontage along the street, but in no case less than twenty feet, shall be provided. This access shall be at the same grade as the public sidewalk (if steps or ramps for the handicapped are required, they shall be provided within the plaza or connector space). Within the first ten feet back from the street, the public access shall not contain any physical barriers (such as, but not limited to, fences, seats, planter boxes, planted areas, fountains, public art, bicycle racks, retail kiosks or vendor stands) which may impede access to the plaza or connector space;

            (.b)   Where enclosed public space abuts the public street, open access equal to at least twenty- five percent (25%) of the enclosed public space's frontage along the street shall be provided. This access shall be at the same grade as the public sidewalk (if steps or ramps for the handicapped are required, they shall be provided within the plaza or connector space). Within the first ten feet back from the street, the public access shall not contain any physical barriers (such as, but not limited to, fences, seats, planter boxes, planted areas, fountains, public art, bicycle racks, retail kiosks or vendor stands) which may impede access to the plaza or connector space;

            (.c)   Signage indicating to the general public that the public space is open to the public and the hours of public access shall be provided along each street frontage which contains access to public space or connector space when required public space or a portion of a lot's required public space is not visible from the public sidewalk. Such signage shall be provided at the building entrance, at the public sidewalk and/or within other visible public space on the lot indicating the existence and location of the public space. This signage shall be of sufficient size as to be easily recognized and understood by the public and shall be in accordance with regulations adopted by the Department of Licenses and Inspections; and

            (.d)   Where gardens abut the public street, only visual access for the general public shall be required.

         (.2)   Public Seating. In order to facilitate public usage and to encourage the public to spend extended periods of time within public areas, permanently available, serviceable and useable seating for use by the general public shall be provided within all public space, except gardens, at the following size and ratios:

            (.a)   For public space in excess of one thousand square feet in area, seating must be provided at a ratio of one (1) seat for every seventy-five square feet of public space;

            (.b)   Each individual seat shall be no less than eighteen inches wide and sixteen inches deep; provided, that flat tops of walls may be used to meet this requirement; further provided, that seating thirty inches or more in depth shall count double when access is provided to both sides;

            (.c)   Seating which is thirty-six inches or more above the level of the adjacent walking surface or which is less than twelve inches above the level of the adjacent walking surface shall not be considered as conforming to the seating requirements;

            (.d)   Seating restricted to the patrons of an open air café shall not be considered as conforming to the seating requirements;

            (.e)   Steps shall not be considered as conforming to the seating requirements; and

            (.f)   A minimum of five percent (5%) of the required seating shall have backs.

         (.3)   Trees and Landscaping. Within public space, trees and landscaping shall be provided at the following ratios:

            (.a)   Plazas, Enclosed Public Space and Gardens. Trees shall be provided at the following ratios: For public space of one thousand five hundred square feet or more, four (4) four-inch caliper trees shall be provided. For public space of five thousand square feet or more, six (6) four-inch caliper trees shall be provided. For public space in excess of twelve thousand square feet in area, at least one (1) four-inch caliper tree for each two thousand square feet of public space shall be provided. Trees shall be planted in at least two hundred cubic feet of soil with a depth of at least three feet six inches and be planted either with gratings flush to the grade of the public space or in a planting bed with a continuous area of at least seventy-five square feet. Trees shall be provided at a maximum spacing of twenty-five feet. When landscaping beds are provided, they shall have a soil depth of at least two feet for grass or other ground cover, and three feet for shrubs;

            (.b)   Public Rooms. Landscaping beds consisting of ground cover, shrubs and/or trees shall be provided at the following ratios: For public rooms of one thousand five hundred square feet or more, three hundred square feet of landscaping shall be provided. For public rooms of five thousand square feet or more, four hundred fifty square feet of landscaping shall be provided. For public rooms in excess of twelve thousand square feet in area, at least seventy-five square feet of landscaping for each two thousand square feet of public space shall be provided;

            (.c)   Maintenance. All trees and landscaping shall be maintained in a manner to ensure their survival. In the event that any required trees and/or landscaping die, it shall be replaced at the required ratios.

         (.4)   Lighting. Plazas, exterior connector space and gardens shall be illuminated throughout with an overall minimum average level of illumination of not less than two (2) horizontal foot candles. Such level of illumination shall be maintained throughout the hours of darkness. The illumination shall be focused upon the public space so as to prevent glare upon the surrounding areas.

      (g)   Public Art. A public art requirement is being imposed as 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. It is intended to allow for the broadest definition of public art and encourage imaginative interpretation of media. Public art may manifest itself in two (2) basic components: on-site art in public spaces and on-site cultural programming. Therefore, public art at an individual or combined minimum cost as set forth below must be provided on any lot seeking additional gross floor area. In order to comply with this subsection, all of the following conditions must be met:

         (.1)   On-site Public Art. On-site public art is art that is permanent (i.e., lasting the life of the building), original and created specifically for the site. It may include, but shall not be limited to the following separately or in combination:

            (.a)   Sculpture which is free-standing, wall supported or suspended, kinetic, electronic, etc., in any material;

            (.b)   Murals or paintings in any material or variety of materials, with or without collage or additional non-traditional materials, markings and means;

            (.c)   Earthworks, waterworks, fiberworks, functional elements, furnishings, neon, glass mosaics, photography, prints, calligraphy, etc., in any combination of forms of media including sound, film, holographic and video systems; hybrids of any media and new genres; and

            (.d)   Lighting in any combinations of forms.

         (.2)   On-site Cultural Programming. On-site cultural programming consists of cultural programs which are permanently established by the endowment of a trust or other legally binding mechanism of permanent funding (i.e., lasting the life of the building). Eligible components for on-site cultural programs shall include:

            (.a)   Performing Arts: theater, dance and music;

            (.b)   Literary Arts: poetry readings and story telling;

            (.c)   Media Arts: film and video screening and installations;

            (.d)   Education: lectures and presentations about the arts; and

            (.e)   Special Events: festivals and celebrations.

         (.3)   Commercial Activity. Items, functions and events which are basically commercial in nature, such as theatrical production, movies, commercial art galleries, exhibits of items for sale, etc., shall not satisfy requirements of this Section.

         (.4)   Location. Public art shall be located within the required public space, upon the building, or within public spaces created to meet the requirements of exceptional public benefit set forth herein. Public art may be provided within the public sidewalk, if authorization, by ordinance, is obtained.

         (.5)   Approval Criteria. In order to meet the requirements of this Section, the owner of the lot or a designee must have the proposed artist(s), and all public art and/or proposal for cultural programming approved in one (1) of the following manners:

            (.a)   By an Art Selection Committee, chosen by the owner of the lot or their designee and meeting the qualifications set forth herein. Upon the submission of an Art Selection Committee for review by the Department of Licenses and Inspections, the applicant shall also submit the list for proposed committee members to the Art Commission. The Art Commission shall then have thirty (30) days to review the qualifications of proposed committee members and to advise, in writing, the Department of Licenses and Inspections as to its recommendations regarding the qualifications and composition of the committee; or

            (.b)   By the Art Commission of the City of Philadelphia. The owner of the lot or their designee may submit a plan for meeting the public art requirement to the Art Commission for their review, comment and approval;

            (.c)   The Art Selection Committee or the Art Commission (depending on the manner of review and approval chosen by the owner of the lot or their designee), shall have the final approval of the artist and all public art submitted to meet the requirements of this Section;

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

            (.e)   It is not the intention of these requirements to allow decorative, ornamental or functional elements of the building or public space which are not designed by an artist and created specifically for the site, nor to have landscaping or other furnishings or elements required elsewhere herein, to qualify as part of the public art requirement. However, 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 owner of the lot or their designee).

         (.6)   Art Selection Committee Membership. If the owner of the lot or a designee chooses to use an Art Selection Committee, it shall consist of five (5) members all of whom shall conform to one (1) or more of the following qualifiers, provided that, at least two (2) members of the committee shall conform to the requirements of (.a) and, further provided, that of the other three (3) members, no more than one (1) is selected from each of the qualifiers listed in (.b) through (.e):

            (.a)   Practicing artists from the visual or performing disciplines;

            (.b)   An art educator from an accredited college or university;

            (.c)   A public arts administrator;

            (.d)   A curator of an institution of art; or

            (.e)   A registered architect or registered landscape architect.

         (.7)   Cost. Public Art as required in this Section shall be provided at an individual or combined minimum cost in accordance with the following:

            (.a)   For development on a lot, with construction costs of twenty million ($20,000,000) dollars or less, an amount equal to one percent (1%) of the construction costs;

            (.b)   For development on a lot, with construction costs of up to forty million ($40,000,000) dollars, one percent (1%) of the first twenty million ($20,000,000) dollars of construction costs and one-half percent (.5%) of the construction costs in excess of twenty million ($20,000,000) dollars but less than forty million ($40,000,000) dollars; and

            (.c)   For construction costs over forty million ($40,000,000) dollars, one percent (1%) for the first twenty million ($20,000,000) dollars of construction costs, one half percent (0.5%) of the amount of construction costs in excess of twenty million ($20,000,000) dollars but less than forty million ($40,000,000) dollars and one-quarter percent (0.25%) of any construction costs in excess of forty million ($40,000,000) dollars.

         (.8)   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 City.

         (.9)   Administrative Regulations. Within one (1) year of the enactment of this Section, the Department of Licenses and Inspections in conjunction with the Law Department, the Planning Commission, the Office of the Director of Commerce and City Representative (Office of Arts and Culture), and the Art Commission shall adopt regulations necessary to implement this subsection.

      (h)   Required Retail Space. In order to provide for a portion of the retail and service needs of the occupants, visitors and users of large residential and mixed-use buildings and thereby relieve the pressure to provide for these needs off-site in retail commercial areas in Center City, new residential and mixed-use buildings should include retail and service commercial. These requirements should be established so as to provide for some but not all of the shopping and services needs that can reasonably be expected to be generated by the various people associated with a high density residential or mixed-use building. This needs to be done because it is both necessary and desirable to maintain the diversity of retail sales and services available in Center City and without such requirements, the trend will continue of converting existing retail and service space from broader based consumer goods to sales and services to meet the needs of visitors and occupants of nearby commercial or mixed-use buildings. This trend manifests itself in the increased number of fast-food and take-out restaurants, quick photo and printing services, ground level offices for delivery services, air line ticketing, and automobile rentals, etc., located along traditional retail shopping streets in Center City. Therefore, retail commercial space shall be provided in all newly erected buildings in accordance with the following requirements, provided, that for the purposes of meeting these requirements, retail shall be limited to the sale of goods directly to the consumer, restaurants, banks and day care facilities licensed by the Commonwealth, subject to all limitations imposed:

         (.1)   Every building containing over three hundred thousand square feet of gross floor area built after the effective date of this Section shall provide a retail sales area equal to no less than one percent (1%) of the gross floor area of the building;

         (.2)   Required retail space shall not be considered as floor area and shall be excluded from being calculated as part of the gross floor area of a building; and

         (.3)   At least seventy-five percent (75%) of the required retail space shall be located at either the concourse level, ground level or at the second level of the building; provided, that outdoor cafés, retail kiosks and vendor stands within the public space of a building shall not qualify as required retail space.

   (10)   Incentive Floor Area. It is recognized that certain areas of City Center are more appropriate as the location for high density development. These are areas that are well served by commuter rail, mass transit and wide streets connecting to limited access highways. It is also recognized that very high density buildings place heavy burdens on surrounding public streets and public spaces because of increased pedestrian and vehicular traffic generated by the occupants, customers, service providers and visitors to these buildings as well as by the service, loading and parking needs of such buildings. Such high density buildings can also negatively impact upon the light and air reaching public spaces and sidewalks and the public usage of these spaces. Furthermore, the construction of high density buildings in certain areas may place historically certified properties located on similarly zoned lots in jeopardy of being demolished to make way for higher density development. In order to further provide for expanded public benefits and as a method of ensuring that the impact of such high density buildings is appropriately mitigated beyond the performance standards imposed herein, additional performance standards are needed to ensure that a significant amount of available, useable, accessible and inviting public space that is of exceptional public benefit is provided. Also, as a method of assuring the maintenance of historically certified properties and to establish an alternative method of developing the unused development rights of the lot without demolishing the historic structure, incentive floor area should be granted for the transfer of these development rights to areas appropriate for high density development. These requirements for space of exceptional public benefit or for transfer of development rights from historically certified properties are intended to ensure that very high density buildings properly mitigate any negative impact upon and add to the public's use and enjoyment of Center City. Therefore, incentive floor area shall be granted for lots on which public space and/or amenities which are of exceptional public benefit, as set forth herein, are provided and which are in accordance with the following:

      (a)   Conditions. In order to obtain incentive floor area all of the following conditions must be met:

         (.1)   Before incentive floor area is permitted on a lot, the requirements of § 14-214(9)(a) through (h) regarding additional gross floor area must be complied with;

         (.2)   The lot must have frontage along one of the following streets:

            (.a)   Market street between Sixth street and the Schuylkill River;

            (.b)   John F. Kennedy boulevard between Broad street and the Schuylkill River; or

            (.c)   Broad street between John F. Kennedy boulevard and Vine street; and

            (.d)   South Penn square between Fifteenth street and Juniper street.

         (.3)   Incentive gross floor area may be aggregated by meeting more than one of the following requirements, provided, that the amount of incentive gross floor area permitted on any lot shall not exceed a ratio greater than four hundred percent (400%) of the lot area.

      (b)   Exceptional Public Benefit. The following listed spaces when provided on a lot as part of the development of the lot, shall be considered to be of exceptional public benefit when the space complies with all of the requirements imposed upon it, as set forth herein, provided that incentive gross floor area shall be permitted on the lot only at the ratios listed below:

         (.1)   Observation Rooms or Decks. Lots on which observation rooms and observation decks are maintained so as to be open and available to the public during the hours the building is open to the public, and which are located at or above the highest occupied floor of a building or at or above the thirtieth floor of a building thirty (30) floors or greater in height, shall receive incentive gross floor area equal to five square feet of floor area for each square foot of observation space greater than two thousand five hundred square feet, but no more than ten thousand square feet.

         (.2)   Through Block Pedestrian Walkways. Through block pedestrian walkways or corridors which connect two (2) parallel major public streets (streets confirmed on the City Plan at 50 feet or more in width), which are at least twenty feet in width and twenty feet in height (if enclosed), which provide access through the building's public space and which are open to the public at all times (except in the case of enclosed public space which is required to be open to the public during the hours that the building is open to the public) shall be permitted incentive gross floor area in accordance with the following requirements:

            (.a)   The walkway shall provide access to pedestrian destinations such as building lobbies, plazas, public rooms, transit stations, the public service concourse and/or retail areas;

            (.b)   The walkway shall not abut any public street for more than twenty percent (20%) of the distance between the two (2) streets it connects;

            (.c)   In order to qualify for incentive gross floor area the area of the walkway shall be in addition to the amount of public space required in § 14-214(9)(b) through (g) above;

            (.d)   Incentive gross floor area shall be permitted at a ratio of five square feet of gross floor area for each square foot of through block pedestrian walkway; and

            (.e)   The amount of incentive gross floor area for any such through block pedestrian walkway or corridor shall not exceed 50,000 square feet.

         (.3)   Improvements To or Construction of Publicly Owned Facilities. Improvements to or construction of any of the following publicly owned facilities shall be permitted incentive gross floor area:

            (.a)   Public park, playground, fountain or public art, under the jurisdiction of the Department of Recreation or the Fairmount Park Commission; and

            (.b)   Public transit concourse, public transit station, or public transit head house; provided that such improvements shall be in accord with the following requirements:

               (i)   The cost of construction or improvements shall be equal to or greater than one percent (1%) of the total construction cost of the total development of the lot for which incentive gross floor area is permitted;

               (ii)   The publicly owned facility shall be located within 500 feet of the lot for which incentive gross floor area is permitted;

               (iii)   Transit station and/or transit concourse construction or improvements may consist of public space, connector space, transit platform, retail areas and/or light wells to permit natural light into the transit station or concourse level, either separately or in combination, provided that head house improvements shall be for head houses located in the public sidewalk;

               (iv)   In order to qualify for incentive gross floor area the area of the construction and/or improvements shall be in addition to the amount of public space required in § 14-214(9)(b) through (g) above;

               (v)   The amount of incentive gross floor area permitted on the lot shall not exceed a ratio greater than two hundred percent (200%) of the lot area.

         (.4)   Public Museum, Meeting and/or Library Space. Museum, meeting and/or library space which is not operated for profit, and/or performance space shall be permitted incentive gross floor area in accordance with the following requirements:

            (.a)   The space shall be open and available to the public;

            (.b)   Art galleries, museums, and exhibit space for the retail sale of works of art or items displayed shall not qualify for incentive gross floor area;

            (.c)   Performance space and public meeting space shall have a permanent seating area that is no less than sixty-five percent (65%) of the total gross floor area devoted to this use;

            (.d)   Such space shall be located between the concourse level when the lot abuts the public service concourse and the first 50 feet of the building above the average ground level;

            (.e)   Such space shall not be less than 1,500 square feet in gross floor area; and

            (.f)   Such space shall be permitted incentive gross floor area equal to 20 square feet of gross floor area for each square foot of such space.

         (.5)   Underground Parking. Underground parking spaces at the ratios required in § 14-1402 for residential uses and/or underground parking spaces at the ratio required in § 14-214(13) below for commercial uses shall be permitted incentive gross floor area in accordance with the following requirements:

            (.a)   Surface or above ground parking shall not be provided anywhere on the lot which is receiving incentive gross floor area; and

            (.b)   Such underground parking shall receive incentive gross floor area equal to 200 square feet of gross floor area for each space conforming to the requirements of § 14-1402 and § 14-214(13).

         (.6)   Underground Loading and Trash Storage. Underground loading and trash storage at the ratio required in § 14-214(14) below, shall be permitted incentive gross floor area in accordance with the following requirements:

            (.a)   The loading and trash storage area must be located totally below ground level; and

            (.b)   Such space shall be permitted incentive gross floor area for each square foot of such space, provided, that the amount of incentive gross floor area permitted on the lot shall not exceed a ratio greater than one hundred percent (100%) of the lot area.

         (.7)   Public Restrooms. Within public space (except gardens), or within the building at the ground level or at the concourse level (when the required public space or a portion of the required public space is located at the concourse level), public restrooms shall be permitted incentive gross floor area in accordance with the following requirements:

            (.a)   One (1) public restroom for each sex shall be provided. The restroom for males shall contain two (2) water closets, one (1) urinal and one (1) lavatory. The restroom for females shall contain three (3) water closets and one (1) lavatory. These restrooms shall be open to the public during the hours that the building is open to the public;

            (.b)   The restrooms shall be located immediately adjacent to or within the required public space of the building or abutting a public sidewalk;

            (.c)   Signage shall be provided within the public space indicating the existence and the location of the restrooms;

            (.d)   Restrooms provided pursuant to the provisions of this subsection must be separate from and in addition to any other restrooms required by any other Section of The Philadelphia Code or any other applicable codes, ordinances, federal laws or acts of assembly;

            (.e)   Restrooms provided pursuant to the provisions of this subsection shall generate an additional floor area ration of five-tenths (0.5) times the area of the lot.

      (c)   Transfer of Development Rights For Historic Preservation. In order to facilitate the preservation of existing historically certified buildings and to retain the exceptional public amenity of these buildings, incentive gross floor area shall be permitted in accordance with the following requirements:

         (.1)   Incentive gross floor area shall be permitted at a ratio of one square foot of additional floor area for each square foot of floor area transferred from a locally historically certified building;

         (.2)   In order to qualify for the transfer of incentive gross floor area, the historically certified building must be located within the area bounded by Spring Garden street, the Schuylkill River, South street and the Delaware River, must be zoned "RC-4" Residential, "C-4" or "C-5" Commercial and must have unused floor area potential to transfer based on its existing zoning classification and the amount of gross floor area in the historically certified building;

         (.3)   The historic building shall have been certified as historic by the Historical Commission pursuant to § 14-2007 and shall have been designated by the Historical Commission as a threatened historic resource;

         (.4)   The maximum amount of gross floor area which may be transferred shall be determined by calculating the permitted gross floor area of the historic lot, minus the existing gross floor area of the historic building;

         (.5)   The development site which receives incentive gross floor area must be zoned "RC-4" Residential;

         (.6)   The incentive gross floor area permitted for historic preservation shall not exceed a ratio greater than four hundred percent (400%) of the lot area of the lot which receives incentive gross floor area; and

         (.7)   The development site which receives incentive gross floor area must have frontage along Market street between Sixth street and the Schuylkill River, on John F. Kennedy boulevard between Broad street and the Schuylkill River, or on Broad street between John F. Kennedy boulevard and Vine street;

         (.8)   Within one (1) year of the enactment of this ordinance, the Department of Licenses and Inspections, in conjunction with the Law Department, the Planning Commission and the Historical Commission shall adopt all administrative procedures necessary to implement this subsection of the Code.

      (d)   Contributions to the Housing Trust Fund. In order to facilitate the development of low to moderate income housing, incentive gross floor area shall be permitted in accordance with the following requirements:

         (.1)   The requirements of § 14-214(9)(a) through (h) must be complied with;

         (.2)   Incentive gross floor area shall be permitted at a ratio of one square foot of additional floor area for each twenty-five ($25.00) dollars contributed to the housing trust fund;

         (.3)   The amount of the contribution which qualifies for one square foot of additional floor area shall be adjusted every three (3) years consistent with the Consumer Price Index for Philadelphia;

         (.4)   The development site which receives incentive gross floor area must be zoned either "C-4" or "C-5" Commercial and must have frontage along Market street between Sixth street and the Schuylkill River, on John F. Kennedy boulevard between Broad street and the Schuylkill River, or on Broad street between John F. Kennedy boulevard and Vine street;

         (.5)   The incentive gross floor area permitted for contributions to the housing trust fund shall not exceed a ratio greater than four hundred percent (400%) of the lot area of the lot which receives incentive gross floor area; and

         (.6)   The City Council, under separate legislation, will create the housing trust fund in order to facilitate the distribution of the contributions.

   (11)   Transfer of Development Rights For Historic Preservation South of Chestnut Street. In order to facilitate the preservation of existing historically certified buildings, to retain the exceptional public amenity of these buildings and to retain the scale of development in the area of Center City south of Chestnut street, incentive gross floor area shall be permitted in accordance with the following requirements:

      (a)   Incentive gross floor area shall be permitted at a ratio of one square foot of additional floor area for each square foot of floor area transferred from a locally historically certified building;

      (b)   In order to qualify for the transfer of incentive gross floor area, the historic building must be located within the area bounded by the rear property lines of lots fronting on the north side of Chestnut street, Front street, the rear property lines of lots fronting on Spruce street, and the Schuylkill River, must be zoned "RC-4" Residential, "C-4" or "C-5" Commercial and must have unused floor area potential to transfer based on its existing zoning classification and the amount of gross floor area in the historically certified building;

      (c)   The historic building shall have been certified as historic by the Historical Commission pursuant to § 14-2007 and shall have been designated by the Historical Commission as a threatened historic resource;

      (d)   The maximum amount of gross floor area which may be transferred shall be determined by calculating the permitted gross floor of the historic lot, minus the existing gross floor area of the historic building;

      (e)   The development site which receives incentive gross floor area must be zoned either "RC-4" Residential and must be located within the area bounded by Chestnut street, Front street, the rear property lines of lots fronting on Spruce street, and the Schuylkill River;

      (f)   The incentive gross floor area permitted for historic preservation shall not exceed the permitted floor area ratio by more than twenty percent (20%) above that which is otherwise permitted by other applicable paragraphs of this Section, provided, that the building to be erected upon the lot receiving incentive gross floor area shall not exceed either the building width or building height requirements established in § 14-214(5)(a) through (d) and § 14-214(7)(a) through (g) above;

      (g)   Within one (1) year of the enactment of this Section the Department of Licenses and Inspections, in conjunction with the Law Department, the Planning Commission and the Historical Commission shall adopt all administrative regulations necessary to implement this subsection.

   (12)   Retail Space. In order to encourage retail commercial space to service the needs of the occupants of and visitors to large commercial buildings, to enliven the sidewalks and public spaces around buildings and to relieve the pressure for service retail placed upon Center City retail commercial areas, the following requirements for retail commercial space are hereby imposed:

      (a)   For the purposes of complying with these requirements, retail space shall be limited to the sale of goods directly to the consumer, restaurants and banks;

      (b)   Retail space shall not be considered as floor area and accordingly shall not be included in the permitted gross floor area calculations of the lot, provided such retail space shall not exceed twenty-five percent (25%) of the total gross floor area of the building;

      (c)   Day care facilities licensed by the Commonwealth shall also be considered as retail space and shall not be included in the permitted gross floor area calculations of the lot;

      (d)   Floor area used for business and professional offices, personal services or treatment of patients shall not be considered as retail space and accordingly shall be included in the permitted gross floor area calculations of the lot;

      (e)   Public space may contain cafés which do not exceed thirty percent (30%) of the total public space and/or retail kiosks or sales carts no larger than sixty square feet in area and at a ratio of one (1) kiosk or stand for every two thousand square feet of contiguous public space. The total area in square feet utilized for cafés, kiosks and/or sales carts may not exceed thirty-three percent (33%) of the total required public space.

   (13)   Off-street Parking Requirements. Off-street parking shall be provided as required in the "RC-1" Residential District and under the following conditions subject to all use conditions imposed herein and imposed by Chapter 14-1400 of this Title:

      (a)   Parking Garages. For all accessory parking garages, the following requirements shall apply:

         (.1)   The gross floor area of all levels of a parking garage located at or above the average ground level shall be included in the permitted gross floor area calculations of the lot, provided that when the lot is located within a one hundred (100) year flood plain as defined in § 14-1606, any point located one foot above the regulatory flood level shall be considered to be at the average ground level of the lot; further provided, when a lot is located over an active railway right-of-way, any point located four feet above the minimum clearance that is required to be maintained above the railway right-of-way and within a distance of one hundred ten feet from the outward edges of the right-of-way, shall be considered to be at the average ground level of the lot.

         (.2)   The gross floor area of all levels of a parking garage located at or above the average ground level shall not be included as part of the permitted gross floor area calculations on lots fronting on any of the following streets:

            (.a)   Vine street or Callowhill street between Eighteenth street and Front street;

            (.b)   Delaware avenue or Interstate 95 between Spring Garden street and Chestnut street; and

            (.c)   Interstate 76 between Spring Garden street and Chestnut street.

         (.3)   No permits for parking garages shall be issued by the Department of Licenses and Inspections until such time as the Department has been notified by the City Planning Commission of its comments and recommendations. Furthermore, no permits for parking garages shall be issued until such time that the internal circulation patterns and points of ingress and egress have been reviewed by the Streets Department in accordance with the following requirements:

            (.a)   Prior to any issuance of any permits, zoning refusals and/or references to the Zoning Board of Adjustment, the Department of Licenses and Inspections shall refer the plans for the proposed garage to the Planning Commission for review and comment;

            (.b)   The applicant shall provide the Planning Commission with a copy of the application for a Zoning and/or Use Registration Permit and all information that the Planning Commission may deem necessary to carry out the review of the proposed garage, including but not limited to, architectural renderings and/or elevations of the proposed facade, internal circulation plans for each floor, location and direction of all curb cuts and traffic impact studies;

            (.c)   Upon the receipt of an application and all necessary information relative to the construction of a garage, the Planning Commission shall forward copies of all material related to traffic circulation, curb-cuts and traffic studies to the Department of Streets for its review and recommendation;

            (.d)   The Streets Department shall have thirty days to review the information provided by the Planning Commission and to respond, in writing, to the Department of Licenses and Inspections, to the Planning Commission and when appropriate, to the Zoning Board of Adjustment. After such time, the approval of the Department of Streets shall be presumed; and

            (.e)   Upon the receipt of an application and all necessary information relative to the construction of a garage, the Planning Commission shall have forty-five (45) days to notify the applicant and the Department of Licenses and Inspections and when appropriate, the Zoning Board of Adjustment, in writing, of its recommendations and comments. If after forty-five (45) days the Planning Commission has not transmitted notice of its action, Planning Commission approval shall be presumed.

         (.4)   All parking garages located north of Market street with frontage on a southbound street shall provide ingress to the garage from that street.

         (.5)   At every point where a driveway, whether for ingress or egress, crosses a public sidewalk, the area of the sidewalk between the building line and the curb line, equal in width to the driveway(s) shall be of a different, color, texture or paving material, in accordance with the standards of the Department of Streets, so as to indicate and warn pedestrians of the existence of the driveway.

      (b)   Additional Requirements for Above Ground Parking Garages. In addition to all of the requirements for parking garages contained herein, all above ground parking garages, or above ground portions of underground parking garages, whether accessory or non-accessory, which are located between the Schuylkill River and Front street shall also comply with the following requirements:

         (.1)   No permits for above ground parking garages shall be issued by the Department of Licenses and Inspections until such time as the Department has been notified by the City Planning Commission of its approval of the facade of the proposed garage, provided, that in reviewing facades of above ground parking garages, it is not the intention of this provision to increase the construction cost of the garage. Further provided:

            (.a)   Upon the receipt of an application and all necessary information relative to the construction of a garage, the Planning Commission shall have forty-five (45) days to notify the applicant and the Department of Licenses and Inspections, in writing, of its approval, disapproval or tabling for additional information of the facade of the proposed garage. If after forty-five (45) days the Planning Commission has not transmitted notice of its action, Planning Commission approval shall be presumed. Provided, that after an action to table consideration of a facade, the Planning Commission shall act to approve or disapprove the facade within thirty (30) days of the receipt of all requested information.

         (.2)   Retail commercial uses shall be provided at the ground level of the garage where it abuts the sidewalk or a public space for all frontage not used for entrances, exits and waiting areas. The gross floor area of all such retail space shall not be included as part of the permitted gross floor area of the lot.

      (c)   Surface Parking Lots. All surface parking lots which are accessory to a permitted use shall be permitted under the following conditions:

         (.1)   Where a surface parking lot abuts the sidewalk, it must be screened for its entire frontage except for points of ingress and egress with a minimum three-and-a-half feet high brick wall, a minimum six feet wide and three-and-a-half feet high evergreen hedge which at time of installation is planted so that the evergreens provide a continuous screen from the sidewalk, or other screening approved by the Planning Commission;

         (.2)   Along any street frontage, a surface parking lot shall have no more than one curb cut for both ingress and egress, the maximum width of which shall not exceed thirty feet, or two (2) one-way curb cuts the maximum width of which shall not exceed sixteen feet in width, provide that the curb cuts shall not occupy more than fifty percent (50%) of the street frontage;

         (.3)   All parking lots shall be landscaped so that a minimum of five percent (5%) of the total area of the lot shall contain landscaping exclusive of any landscaped screening; trees shall be provided at a ratio of one (1) three inch or greater caliper tree for every thirty (30) parking spaces; and

         (.4)   All parking lots shall contain lighting designed so as to prevent glare on abutting properties but to provide a minimum level of light on the lot and the abutting sidewalk equal to two (2) horizontal foot candles; and

         (.5)   At every point where a driveway, whether for ingress or egress, crosses a public sidewalk, the area of the sidewalk between the building line and the curb line, equal in width to the driveway(s) shall be of a different, color, texture or paving material, in accordance with the standards of the Department of Streets, so as to indicate and warn pedestrians of the existence of the driveway.

      (d)   Reservoir Space. All garages and parking lots shall provide off-street reservoir space between the street line and valet pick-up point or the ticket issuing mechanisms or booths in accordance with the following requirements, provided, that these provisions shall be cumulative for lots with two (2) or more points of ingress, further provided, that there shall be at least one (1) reservoir space at each point of ingress:

 

Number of Parking Spaces Provided	Off-street Reservoir Space Required at 7 ft. by 15 ft.
1 to 20	1
21 to 50	2
51 to 100	3
101 to 200	5
Over 200 spaces	5 plus 1 additional for every 10 spaces over 200

 

   (14)   Off-street Loading and Trash Storage. Off-street loading and trash storage shall be permitted subject to the following use conditions imposed herein and in § 14-1405(2):

      (a)   Off-street Loading. Every building shall provide off-street loading in accordance with the following requirements:

         (.1)   Minimum Dimensions.

First Required Space – ten feet wide, forty feet long, fourteen feet high

Second Required Space – eleven feet wide, sixty feet long, fourteen feet high

Third Required Space – ten feet wide, thirty feet long, fourteen feet high

Fourth Required Space – ten feet wide, forty foot long, fourteen feet high

Fifth Required Space – eleven feet wide, sixty feet long, fourteen feet high

Each Additional Space – ten feet wide, thirty feet long, fourteen feet high

         (.2)   Location. Every off-street loading space shall be located within a totally enclosed structure, shall be located within the building it serves, or in the case of multiple buildings, within an enclosed structure with direct access to each building the loading spaces serve;

         (.3)   Ingress and Egress. Each individual loading space or group of loading spaces shall be limited to one (1) two-way curb cut with a maximum width of thirty feet on the street frontage or two (2) one-way curb cuts with a maximum width of twenty feet on each street frontage subject to § 14-214(2)(a)(.4)(.e) and (3)(b) above, provided, that when the loading spaces or their access drives have direct access to a street of less than forty feet in width, there shall not be a limit imposed on the size of the curb cut(s) to that street; further provided, that at every point where a driveway, whether for ingress or egress, crosses a public sidewalk, the area of the sidewalk between the building line and the curb line, equal in width to the driveway(s) shall be of a different color, texture or paving material, in accordance with the standards of the Department of Streets, so as to indicate and warn pedestrians of the existence of the driveway; and

         (.4)   Common Loading. Two (2) or more buildings may share a common loading area provided that the loading area is located within a commonly accessible structure and further provided that the total number of loading spaces provided shall be calculated on the basis of the sum of the loading spaces required for each building the common spaces are intended to serve. All parties which share or will be sharing the loading area shall enter into a mutually binding agreement running with the land which is satisfactory to the Law Department of the City of Philadelphia and which indicates the rights of common usage and obligations of each party.

      (b)   Trash Storage. Every building shall provide off-street trash storage in accordance with the following requirements:

         (.1)   Location. Every off-street trash storage area shall be located within the building or within a completely enclosed trash storage area located on the same lot as the building it serves;

         (.2)   Ingress and Egress. Each individual trash storage space or group of spaces shall be limited to one (1) two-way curb cut with a maximum width of thirty feet on the street frontage or two (2) one-way curb cuts with a maximum width of twenty feet on each street frontage subject to § 14-214(2)(a)(.4)(.e) and (3)(b) above, provided, that when the trash storage spaces or their access drives have direct access to a street of less than forty feet in width, there shall not be a limit imposed on the size of the curb cut(s) to that street; further provided, that at every point where a driveway, whether for ingress or egress, crosses a public sidewalk, the area of the sidewalk between the building line and the curb line, equal in width to the driveway(s) shall be of a different color, texture or paving material, in accordance with the standards of the Department of Streets, so as to indicate and warn pedestrians of the existence of the driveway; and

         (.3)   Trash Storage for Retail Uses. All buildings which contain retail uses at the time of construction or renovation of retail space shall provide an area for off-street trash storage within the building, within a completely enclosed structure on the same lot as the building it serves, or within a common loading area as provided in § 14-214(14)(a)(.4) above; and

         (.4)   Trash Storage for Large Buildings. All buildings in excess of one hundred fifty thousand square feet in gross floor area shall provide off-street trash storage within the building or within a common loading area in accordance with the following requirements:

            (.a)   This trash storage area may be provided in the form of the permanent placement of trash dumpsters and/or trash compactors in required off-street loading spaces, provided that in commonly accessed loading areas, the amount of off-street loading area used for trash storage shall be based on the sum of the trash storage required for each building served by the common loading area, further provided, that off-street loading space may be used for trash storage space only in accordance with the following requirements:

 

Gross Floor Area	Required Trash Storage Spaces
150,001 - 500,000 sq. ft	1
For each additional 500,000 sq. ft. over 500,000 sq. ft	1 additional space

 

      (c)   Number of Spaces. All buildings shall provide off-street loading and trash storage in accordance with the following ratios:

         (.1)   Hotels.

 

Gross Floor Area	Required Spaces
100,000 - 150,000 sq. ft.	1
150,001 - 400,000 sq. ft.	2
400,001 - 660,000 sq. ft.	3
660,001 - 970,000 sq. ft.	4
970,001 - 1,300,000 sq. ft.	5
For each additional 400,000 sq. ft. over 1,300,000 sq. ft.	1 additional space

 

         (.2)   Residential Uses.

 

Gross Floor Area	Required Spaces
50,000 - 150,000 sq. ft.	1
150,001 - 500,000 sq. ft.	2
500,001 and over	3

 

         (.3)   Commercial Uses Except Hotels.

 

Gross Floor Area	Required Spaces
40,000 - 100,000 sq. ft.	1
100,001 - 160,000 sq. ft.	2
160,001 - 240,000 sq. ft.	3
240,001 - 320,000 sq. ft.	4
Each additional 90,000 sq. ft. over 320,000 sq. ft.	1 additional space

 

   (15)   Signs. Signs shall be permitted only under the following conditions subject to any more restrictive requirements set forth under other provisions of this Title.

      (a)   Permitted Signs. Only signs which are accessory to a use permitted in these districts or non- commercial signs shall be permitted subject to the following requirements:

         (.1)   Residential Uses. Signs shall be permitted to the extent provided in the "R-2" Residential District.

         (.2)   Commercial Uses and Hotels. Accessory signs shall be permitted at a ratio of two square feet of sign area per lineal foot of street frontage, provided that no single sign shall exceed an area of one hundred square feet, further provided such signs shall not extend above the bottom of the second floor of the building on which it is located subject to any exceptions or limitations imposed below.

         (.3)   Type. Only the following types of signs shall be permitted:

            (.a)   Flat wall signs;

            (.b)   Projecting signs, provided that such signs shall not extend more than twelve inches beyond the property line;

            (.c)   Signs which are free standing structures on the ground, provided that the maximum height of such signs shall not exceed ten feet, measured from the average ground level of the ground to the top of said structure and further provided that such signs shall be limited to directional signs and/or building logo signs (as defined in § 14-102).

         (.4)   Required Conditions. Permitted signs shall be erected in accordance with the following requirements:

            (.a)   Building logo signs which are to be located above the bottom of the second floor shall be permitted upon approval by the Art Commission; provided

               (.i)   Upon receipt of an application and all other pertinent information for the erection of a sign, the Art Commission shall have forty-five (45) days to notify the applicant and the Department of Licenses and Inspections, in writing, of its approval, disapproval or tabling for additional information, of the application. If after forty-five (45) days the Art Commission has not transmitted notice of its action, Art Commission approval shall be presumed;

               (.ii)   The applicant shall provide the Art Commission with a copy of its application for a Zoning and/or Use Registration Permit and all information that the Art Commission may deem necessary to carry out the review of the proposed sign, including but not limited to, architectural renderings and/or elevations;

            (.b)   Temporary signs providing notice to the public that a property is for sale or for rent signs shall be permitted so long as such signs do not exceed a total sign area of twenty-five square feet;

            (.c)   Signs may be animated or illuminated, provided that the illumination shall be focused upon the sign itself so as to prevent glare upon the surrounding area.

      (b)   Prohibited Signs. The following signs shall be prohibited:

         (.1)   Commercial non-accessory or outdoor advertising signs;

         (.2)   Any sign which revolves;

         (.3)   Signs with flashing or intermittent illumination;

         (.4)   Portable signs;

         (.5)   Roof signs.

 

Notes

82	Former Section 14-224 repealed and new Section 14-224 added, 1991 Ordinances, p. 1023. Section 2 of the Ordinance adding new Section 14-224 provides as follows: "Effective Date. This Ordinance shall be effective on January 1, 1992. In any application submitted to the Department of Licenses and Inspections between January 1, 1992 and January 1, 1993 the applicant may elect to conform to this Ordinance or to the requirements and regulations of the Zoning Code in effect prior to December 31, 1991." Amended and renumbered to Section 14-214, Bill No. 030483 (approved November 13, 2003).
83	Enrolled bill read "§ 14-312", which was subsequently renumbered by 1994 Ordinances, p. 1028.
84	Enrolled bill read "§ 14-312", which was subsequently renumbered by 1994 Ordinances, p. 1028.
85	Enrolled bill read "§ 14-312", which was subsequently renumbered by 1994 Ordinances, p. 1028.
86	Enrolled bill read "§ 14-312", which was subsequently renumbered by 1994 Ordinances, p. 1028.
87	Enrolled bill read "§ 14-312", which was subsequently renumbered by 1994 Ordinances, p. 1028.
88	Enrolled bill read "§ 14-312", which was subsequently renumbered by 1994 Ordinances, p. 1028.
89	Enrolled bill read "§ 14-312", which was subsequently renumbered by 1994 Ordinances, p. 1028.