§ 14-312. Commercial District Rules and Exceptions for All Districts. 272

   The following shall apply to all Commercial Districts:

   (1)   Parking for Dance Halls, Night Clubs or Restaurants. The following parking requirements shall apply notwithstanding any other parking requirements in the Commercial Districts to land located within the area set forth below:

      (a)   Location. These regulations shall apply to all dance halls, night clubs or restaurants located in the following area:

         (.1)   Within the area bounded by Rhawn street, the Delaware River, the Philadelphia Naval Base and the Delaware Expressway (I-95) excluding the area bounded by the north side of Market street extended, the pierhead line of the Delaware River, the south side of South street extended and the easterly side of Christopher Columbus Boulevard (otherwise known as Penn's Landing);

         (.2)   Within the area bounded by the Schuylkill River, the Wissahickon Creek, the SEPTA Norristown Railroad, the properties fronting on Gay street and Baker street and Leverington street extended to the Schuylkill River; 273

         (.3)   On both sides of Lancaster Avenue between Sixty-Third Street and Girard Avenue. 274

      (b)   Required Parking Spaces. The number of required parking spaces for any dance hall, night club or restaurant shall be determined by the legal occupancy (pursuant to Section 806.0, "Occupant Load", of the BOCA National Building Code) of the use as follows:

         (.1)   Dance Hall. One space for every 2 occupants;

         (.2)   Night Club. One space for every 2 occupants;

         (.3)   Restaurant. One space for every 4 occupants.

      (c)   Parking for Restaurants or Nightclubs in Hotels. 275 In the case of a restaurant or a nightclub which is an accessory use to a hotel, the various parking requirements of this Title shall not be cumulative. The most restrictive provisions shall apply.

      (d)   Location of Parking. 276 All required parking shall be provided as follows:

         (.1)   For land located within the area as described in § 14-312(1)(a)(.1) above all required parking shall be located either on the same lot as the dance hall, night club or restaurant or on an abutting lot; provided that required parking may be located on a non-abutting lot (where public parking is a permitted use 277 ) within 1,000 feet of the dance hall, night club or restaurant provided a Zoning Board of Adjustment Special Use Permit is obtained;

         (.2)   For land located within the area as described in § 14-312(1)(a)(.2) and § 14-312(1)(a)(.3) above all required parking shall be located either on the same lot as the dance hall, night club or restaurant or on an abutting lot; provided that required parking may be located on a non-abutting lot (where public parking is a permitted use) within 1,000 feet of the dance hall, night club or restaurant provided a Zoning Board of Adjustment Special Use Permit is obtained; further provided, that required parking that is to be located on a lot other than the same lot as the dance hall, night club or restaurant or on an abutting lot shall also be located within the geographic boundaries set forth in § 14-312(1)(a)(.2) and § 14-312(1)(a)(.3); 278

         (.3)   In the case of parking spaces which are required for dance halls, nightclubs or restaurants that are located between Dickinson street, Christopher Columbus boulevard, Reed street and Water street, when such spaces are located within the right-of-way of I-95/Delaware Expressway between Dickinson street and Reed street and are subject to a lease with the Interstate Land Management Corporation, its 279 successors and assigns, such parking spaces shall be considered to be on an abutting lot and shall not be required to obtain a Special Use Permit as provided in § 14-312(1)(d)(.1) above. 280

   (2)   Wireless Telecommunications. 281

      (a)   In "C-2", "C-7", and "NSC", Wireless Service Facilities (Facilities) shall be permitted with the granting of a Zoning Board of Adjustment Special Use Permit, provided, all of the conditions set froth in § 14-231(8) have been met, further provided that antennas to be placed on an existing structure shall be permitted without the granting of a Zoning Board of Adjustment Special Use Permit or meeting any of the conditions set forth in § 14-231(8).

      (b)   In "C-3", "C-4", "C-5", "C-6", "OC", and "ASC", Facilities shall be permitted provided all of the following conditions have been met, further provided that antennas to be placed on an existing structure shall be permitted without meeting any of the following conditions:

         (.1)   Distance from Residential Dwelling Units. Facilities shall not be located within 250 feet of a lot line of any residential dwelling unit, provided that where a fall zone of greater than 250 feet is required the greater fall zone distance shall apply;

         (.2)   Minimum Lot Size. The minimum lot size for a newly erected Facility shall be 2000 square feet;

         (.3)   Yard Requirements. Buildings and structures which are part of a newly erected Facility shall conform to the minimum yard, set-back and height (excluding antennas, towers or support structures) requirements of the individual district in which they are located;

         (.4)   Screening.

            (.a)   Around any newly erected Facility, a continuous evergreen screen shall be required. The screen can be either a hedge or a row of evergreen trees. The evergreen screen shall be a minimum 6 feet in width with a minimum height of 6 feet at planting, and shall have the potential to grow to a minimum of 15 feet at maturity;

            (.b)   Any auxiliary structure, building or equipment accessory to antennas placed on an existing structure which is not located within the existing structure shall be screened with materials compatible with the existing structure or with a continuous evergreen screen which is at least as high as the structure, building or equipment at the time of planting;

            (.c)   The specimen of vegetation to be planted shall be selected from a list of trees recommended by the Fairmount Park Commission and the City Planning Commission. Provided, that if the Planning Commission determines that existing structures, 282 buildings, vegetation, topography, or other natural features achieves the same level of screening as required above and informs the Department of Licenses and Inspections in writing of this finding, the requirements of this paragraph may be modified or not applied;

         (.5)   Height Limit. The maximum height limit of service towers whether built on the ground or on the roof of an existing building shall be the height limit of the district in which they are located;

         (.6)   Fall Zone. Within the lot where the facility is located there shall be a fall zone around the entire tower whose radius is equal to the height of the tower above average ground level at its highest point;

         (.7)   Fencing. Unless the tower is located on an existing building, the Facility shall be completely enclosed by a six (6) foot high chain link or similar fence, provided, the entire fence shall be located behind the required landscape screen and the required set-back;

         (.8)   Guy Wires. All guy wires and all guyed towers shall be clearly marked so as to be visible at all times and all guy wires shall be a minimum 10 feet from a property line, and;

         (.9)   Lighting. All lighting, other than required by the FAA, 283 shall be shielded and reflected from adjoining properties.

   (3)   Reserved. 284

 

Notes

272	Added and former Section 14-312 renumbered to Section 14-313, 1994 Ordinances, p. 1028.
273	Added, Bill No. 950522 (approved December 12, 1995), 1995 Ordinances, p. 1303.
274	Added, Bill No. 030719 (approved December 18, 2003).
275	Added, 1994 Ordinances, p. 1028.
276	Added, 1994 Ordinances, p. 1028; amended, Bill No. 950522 (approved December 12, 1995), 1995 Ordinances, p. 1303; amended, Bill No. 960363 (approved July 8, 1996), 1996 Ordinances, p. 692.
277	Enrolled bill erroneously read "used".
278	Amended, Bill No. 030719 (approved December 18, 2003).
279	Enrolled Bill No. 000548 read "is".
280	Added, Bill No. 000548 (approved June 14, 2001).
281	Added, Bill No. 960292 (approved July 8, 1996), 1996 Ordinances, p. 664.
282	Enrolled bill contained no comma. Bill No. 960292 (approved July 8, 1996), 1996 Ordinances, p. 664.
283	Enrolled bill contained no comma. Bill No. 960292 (approved July 8, 1996), 1996 Ordinances, p. 664.
284	Provisions relating to decks and patios added by Bill No. 960311 (approved July 5, 1996), 1996 Ordinances, p. 574, were inadvertently printed in Seventh Edition as part of Section 14-312. That material now appears at Section 14-313(3).