§ 14-304. "C-3" Commercial District.

   (1)   Use Regulations. The specific uses permitted in this district shall be the erection, construction, alteration, or use of buildings and/or land for:

      (a)   Self-service laundry using residential type washing machines; provided, said use complies with the following terms and conditions: (1) Such use does not exceed 2,500 square feet in gross floor area; and (2) Such use shall be permitted only from 6 A.M. to 1 A.M.; and (3) Lights located on the outside of the premises shall not be permitted to remain lighted after 12 o'clock midnight;

      (b)   Self service dry cleaning establishment; provided

         (.1)   The Fire Marshal shall have certified that the premises, machines, equipment and materials are in compliance with the Fire Code as set forth in Chapter 5-800. 176

         (.2)   An attendant over 21 years of age and trained in the use of the equipment on the premises employed by the licensee shall be present at all times when the premises where the self service dry cleaning establishment is located is open for business.

         (.3)   No operator of any coin operated dry cleaning equipment shall use or permit to be used any solvent other than that which has been approved, by the manufacturer of the equipment, for use therein.

         (.4)   An interlock system shall be provided on the machine to prevent the loading door from being opened during the normal cycle. Said system may be electrical or mechanical and so connected as to remain effective in case of power failure.

         (.5)   The licensee shall permit only the front side of the dry cleaning machines to be accessible to the customers. The working or maintenance portion of the machines shall be so constructed, located and maintained so as to be not accessible to the customer. At no time when customers are present shall the concentration of vapors, in the customer area from the dry cleaning solvent exceed one hundred parts per million.

         (.6)   There shall be prominently posted on the premises the name, address and telephone number of the owner or operator of said business and there shall be a public telephone on the premises in a conspicuous location.

         (.7)   Such use does not exceed 2,500 square feet in gross floor area.

         (.8)   Such use shall be permitted only from 6 A.M. to 1 A.M.

         (.9)   Lights located on the outside of the premises shall not be permitted to remain lighted after 12 o'clock midnight;

      (c)   All other uses permitted in "C-2" Commercial Districts, subject to all the use qualifications set forth therein, except:

         (.1)   That all gross floor area limitations are removed;

         (.2)   That the said uses may be conducted at wholesale; and

         (.3)   That the following uses shall not require a Zoning Board of Adjustment Certificate: 177

            (.a)   amusement arcades;

            (.b)   athletic and drill hall, dance hall, theater, motion picture theater and other entertainment of guests and patrons as a main use;

            (.c)   bath house and indoor swimming pool;

            (.d)   billiards, pool and bowling;

            (.e)   central heating plant;

            (.f)   courtroom or courthouse building;

            (.g)   installation of auto, boat, motorcycle or truck parts accessory to sales of same;

            (.h)   outdoor amusement parks, athletic and sports fields, outdoor swimming pools, and day camps;

            (.i)   penal and correctional institutions (public); 178

            (.j)   retail sale of picture frames, candles, ceramics, leather goods, with accessory making or assembling of same with hand tools only, not to exceed 1,000 square feet in gross floor space; 179

            (.k)   in the area bounded by Hunting Park Avenue, Henry Avenue, Roberts Avenue, and Fox Street: the following uses, when all conducted on a single lot: retail sale of automobile fuels; retail sale of prepackaged foods; take out restaurant; provided that no more than one (1) such set of uses shall be permitted within the District within such boundaries; and provided further that no structure housing any such use shall exceed one acre in floor area at ground level. 180

      (d)   Car washing establishment, using mechanical equipment for the purpose of washing and/or polishing automobiles and other vehicles; provided, a Zoning Board of Adjustment certificate, as herein provided, is obtained. Such Zoning Board of Adjustment certificate shall only be issued where such use will have on the premises: (1) a waiting area for incoming cars accessible to the entrance end of the washing equipment, of at least 4,000 square feet, and (2) an area beyond the exit end of the washing equipment, of at least 400 square feet, so situated as to be usable for the hand finishing of the washing process;

      (e)   Heliports, provided, a Zoning Board of Adjustment certificate, as herein provided, is obtained;

      (f)   Accessory uses, customarily incidental to any of the above permitted uses; provided, that the accessory use does not occupy more than 25% of the gross floor area, and does not include open air storage of materials, equipment or merchandise;

      (g)   An outdoor advertising and/or non-accessory advertising sign as permitted in Section 14-1604. 181

   (2)   Area Regulations.

      (a)   Occupied Area.

         (.1)   Buildings containing one or more families shall not occupy more than 75% of the lot area on intermediate lots and not more than 80% on corner lots;

         (.2)   Buildings other than dwellings shall not occupy more than 90% of the lot area on intermediate lots and not more than 95% on corner lots;

         (.3)   Buildings containing one or more families shall not occupy more than 90% of the lot area on corner lots in the area bounded by Norris Street, 9th Street, Berks Street and a certain rail right-of-way located between 9th Street and 10th Street. 182

      (b)   Open Area. The open area for buildings containing one or more families shall be not less than 25% of the lot area on intermediate lots and 20% on corner lots, and for buildings other than dwellings the open area shall be not less than 10% of the lot area on intermediate lots and 5% on corner lots. Such open areas shall consist of at least the required minimum rear yards in all cases plus such other front or side yards and/or open courts as shall be required to equal an area not less than the total open area herein required.

      (c)   Building Set-back Line. No building set-back line shall be required in this district, subject to the provisions of (.2) and (.3) below. 183

      (d)   Yards and Courts.

         (.1)   Additions to Existing Buildings, and Newly Erected Buildings which Contain Less than Three Families.

            (.a)   Front Yards. No front yards shall be required.

            (.b)   Side Yards and Open Courts. When side yards or open courts are used, except open courts between wings of the same building, they shall have a minimum width of five feet for a building not over three stories in height and a minimum of eight feet for buildings over three stories (subject to exception, see § 14-104(12)).

            (.c)   Open Courts Between Wings of the Same Building. The minimum width between wings of the same buildings shall be 12 feet.

            (.d)   Inner Courts. The least dimension of an inner court shall be eight feet. Minimum area for such court shall be 100 square feet. Such court of less area than 300 square feet shall not be permitted for any building used for dwelling purposes, except when used as vent shafts.

         (.2)   Newly Erected Buildings Containing Three or More Families, and Less than Five Stories in Height. 184

            (.a)   Yards and Courts With Legally Required Windows. Any wall with one or more legally required windows 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: (1) the opposite side of any street which the wall faces, (2) any facing lot line which is not a street line, (3) any opposing wall on the same lot; provided, that every inner court shall have a minimum horizontal dimension equal to or greater than the average height of the walls forming the court.

            (.b)   Yards and Courts Without Legally Required Windows. Yards and courts without legally required windows shall be governed by the following provisions:

               Front yards and rear yards shall not be required.

               Side yards and open courts, when used, shall have a minimum width of eight feet.

               Open courts between wings of the same building shall have a minimum width of twelve feet.

               Inner courts shall have a least dimension of eight feet, and a minimum area of one hundred square feet.

         (.3)   Newly Erected Buildings Containing Three or More Families and Five Stories or Over in Height.

            (.a)   Yards and Courts With Legally Required Windows. Any wall with one or more legally required windows shall be located so that every point of the wall shall be a minimum horizontal distance of fifty feet from: (1) the opposite side of any street which the wall faces, (2) any facing lot line which is not a street line, (3) any opposing wall on the same lot; provided, that every court between wings of the same building shall have no required minimum horizontal dimension but the depth shall not be greater than the width of the court, and every inner court shall have a minimum horizontal dimension equal to or greater than the average height of the walls forming the court.

               (.i)   Yards and Courts With Legally Required Windows. In the area bounded by Norris Street, 9th Street, Berks Street and a certain rail right-of-way located between 9th Street and 10th Street, any wall with one or more legally required windows shall be located so that every point of the wall shall be a minimum horizontal distance of twenty-five (25) feet from: (1) the opposite side of any street which the wall faces, (2) any facing lot line which is not a street line, (3) any opposing wall on the same lot; provided, that every court between wings of the same building shall have no required minimum horizontal dimension. 185

            (.b)   Yards and Courts Without Legally required Windows. Yards and courts without legally required windows shall be governed by the following provisions:

               Front yards and rear yards shall not be required.

               Side yards and open courts, when used, shall have a minimum width of eight feet.

               Open courts between wings of the same building shall have a minimum width of twelve feet.

               Inner courts shall have a least dimension of eight feet, and a minimum area of one hundred square feet.

   (3)   Height Regulations. There shall be no height regulations except as height may be limited by the other applicable provisions of this district.

   (4)   Floor Area.

      (a)   The gross floor area (as defined in § 14-102(57)) of any building containing three or more families, except for the construction of new hotels, shall not exceed 450% of the area of the lot. 186

      (b)   The gross floor area (as defined in § 14-102(57)) of any building containing less than three families, and for the construction of new hotels, shall not exceed 550% of the area of the lot. 187

   (5)   Off-street Loading. Off-street loading spaces shall be provided in accordance with Section 14-1405 of this Title.

   (6)   Off-street Parking. See Chapter 14-1400 of this Title.

   (7)   Signs. Signs accessory to uses on the premises shall be permitted in this district only under the following conditions: 188

      (a)   Lots facing one street line shall be permitted a total sign area of ten square feet for each lineal foot of street line;

      (b)   Lots facing more than one street line shall be permitted a total sign area as follows:

         (.1)   For a shorter street line frontage there shall be permitted a sign area of ten square feet for each lineal foot of street line;

         (.2)   For a longer street line frontage there shall be permitted a sign area of five square feet for each lineal foot of street line; provided, that in no case shall the total sign area on the longer street line frontage be less than the equivalent sign area permitted upon the shorter street line frontage;

         (.3)   Where a lot has two or more short and/or two or more long street line frontages, the provisions of (.1) and (.2) shall apply to each of said street frontages;

      (c)   Where a building is more than three stories high, 10% of additional sign area shall be permitted for each story over three, to be calculated using the total sign area permitted by subparagraphs (a) or (b) above as the base for the 10% calculation in each case;

      (d)   The total of the sign areas permitted in subparagraphs (b) and (c) may be cumulated; provided, such use is restricted to one street frontage;

      (e)   Signs which are free-standing structures on the ground shall not exceed 20 feet in height, measured from the average level of ground of the lot to the top of said structure;

      (f)   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 areas;

      (g)   Signs with flashing or intermittent illumination shall not be erected within 150 feet of any Residential District, nor facing any Residential District within 300 feet of the sign;

      (h)   Signs which revolve shall be prohibited;

      (i)   Any revolving device which causes intermittent flashes of light to be projected shall be prohibited.

   (8)   Notwithstanding anything to the contrary in this Title, and in order to promote sustainable development, open space and ground floor retail, the following shall apply in the area bounded by 42nd Street, Walnut Street, Sansom Street and a line connecting Walnut and Sansom Streets, 156 feet west of 41st Street: 189

      (a)   Use Regulations. Multiple structures are allowed on one lot.

      (b)   Yards and Courts. For newly erected buildings containing three or more families and five stories or over in height, the following shall apply:

         (.1)   The provisions of § 14-304 (2)(d)(.3)(.a), relating to Yards and Courts With Legally Required Windows, shall not apply.

         (.2)   The provisions of § 14-304 (2)(d)(.3)(.b), relating to Yards and Courts Without Legally required Windows, shall apply, except as follows:

            (A)   Side yards and open courts, when used, shall have a minimum width of five (5) feet.

            (B)   Open courts between wings of the same building shall have a minimum width of twelve feet.

            (C)   Inner courts shall have a least dimension of five (5) feet, and a minimum area of one hundred square feet.

      (c)   Yards and Courts for Existing Buildings. Any yards or courts created by existing structures on a single lot shall not require a minimum yard or court width.

      (d)   Floor Area. The gross floor area of any building shall not exceed eight hundred percent (800%) of the area of the lot.

      (e)   Off-street Loading. Notwithstanding the provisions of Section 14-1405, for any hotel and for any newly constructed building with gross floor area in excess of 100,000 square feet, a minimum of one loading space, not smaller than sixteen (16) feet wide and forty (40) feet long shall be required.

      (f)   Off-street Parking. Notwithstanding the provisions of Chapter 14-1400, the following shall apply:

         (.1)   Hotels. Parking is not required on the lot for hotel uses so long as parking spaces are provided within 1,000 feet from the hotel at a ratio of one (1) space for each two (2) hotel units.

         (.2)   Residential Uses, Other Than Hotels. Parking is not required on the lot for residential uses other than hotels uses, so long as parking spaces are provided within 1,000 feet from the residential structure at a ratio of one (1) space for each family.

         (.3)   Commercial Uses. Parking for commercial uses shall be provided at a ratio of one (1) space for every 3,800 square feet of gross floor area.

      (g)   Ground Floor Retail. A minimum of 4,500 square feet of ground floor retail shall be required in any building with gross floor area in excess of 100,000 feet, if the building contains uses other than or in addition to a hotel use.

      (h)   Sustainable Development. No zoning permit shall issue for any newly constructed building with a gross floor area in excess of 100,000 square feet unless the plans accompanying the application contain a certification from the architect that he or she will submit the plans to the United States Green Building Council for LEED Certification.

      (i)   Public Open Space. A minimum of 6,500 square feet of public open space shall be required on any lot that contains a building that does not contain a hotel use and that has gross floor area in excess of 100,000 square feet.

   (9)   Notwithstanding anything to the contrary in this Title, for any building containing a hotel use in the area bounded by Race Street, 4th Street, 5th Street and Florist Street (as extended westward), the following shall apply: 189.1

      (a)   Use Regulations.

         (1)   The use restrictions of Section 14-1610(3), relating to prohibited uses under the Old City Residential Area Special District Controls, shall not apply.

         (2)   Restaurant, entertainment, and public assembly uses not accessory to a hotel, shall collectively occupy no more than 35,000 square feet.

      (b)   Height Regulations.

         (1)   A maximum height of 145 feet, including all rooftop mechanicals, penthouses, staircases, and appurtenances, is permitted in the area between the eastern edge of Fifth Street and a line 200 feet east of, and parallel to, the eastern edge of Fifth Street.

         (2)   A maximum height of 80 feet, including all rooftop mechanicals, penthouses, staircases, and appurtenances, is permitted in the area between a line 200 feet east of, and parallel to, the eastern edge of Fifth Street, and the western edge of Fourth Street. All rooftop mechanicals, penthouses, staircases, and appurtenances in such area shall be set back at least ten (10) feet from the cornice line of the main building along the western edge of Fourth Street and ten (10) feet from the cornice line of the main building along the northern edge of Race Street.

      (c)   Off-Street Parking.

         (1)   For hotel use, at least one (1) space for every three (3) hotel units shall be required.

         (2)   For restaurant, entertainment, and public assembly uses, at least one (1) space for every 450 square feet of gross floor area shall be required.

         (3)   For residential uses, other than hotel uses, one (1) space for each single-family dwelling unit shall be required.

         (4)   No fewer than 220 parking spaces shall be provided at all times.

         (5)   Interior valet parking areas may be tandem, stacked, or mechanical parking, and shall comply with applicable parking requirements.

         (6)   Exterior valet parking areas may be tandem or stacked parking, and shall comply with all applicable surface parking lot requirements, including screening, landscaping, lighting and striping.

 

Notes

176	Referenced material now appears in Title 4, Subcode F.
177	Amended, 1972 Ordinances, p. 570; amended, 1979 Ordinances, p. 233; amended, 1980 Ordinances, p. 32.
178	Amended, Bill No. 000337 (approved September 12, 2000).
179	Amended, 1980 Ordinances, p. 32.
180	Added, Bill No. 100222 (approved July 30, 2010). Section 4 of Bill No. 100222 provides: "The provisions of Section 2 shall expire eighteen months from the effective date of this Ordinance."
181	Added, 1977 Ordinances, p. 36.
182	Added, Bill No. 100377 (approved June 30, 2010).
183	Amended, 1963 Ordinances, p. 692.
184	Amended, 1963 Ordinances, p. 692.
185	Added, Bill No. 100377 (approved June 30, 2010).
186	Amended, Bill No. 080837 (approved December 22, 2008).
187	Amended, Bill No. 080837 (approved December 22, 2008).
188	Amended, 1977 Ordinances, p. 36.
189	Added, Bill No. 100156 (approved June 1, 2010).
189.1	Added, Bill No. 100552-AA (approved April 27, 2011). Section 3 of Bill No. 100552-AA provides: "Sunset. Section 1 of this Ordinance shall expire two (2) years from the date it is enacted."