§ 14-1608. Chinatown Special District Controls.

(1) Legislative Findings and Purpose. Council finds that development along the existing rivers and creeks within the City of Philadelphia has led to increased flooding, thereby endangering the loss of property and life, creating health and safety hazards, and causing the expenditure of public funds for protection and relief. To prevent such adverse conditions, it is necessary to impose restrictions and regulations on development along rivers and creeks that are subject to flooding.

(2) These special restrictions and regulations shall apply to the One-Hundred-Year Flood Plain along the Delaware and Schuylkill Rivers, the Poquessing Creek, the Byberry Creek, Walton Run, the Pennypack Creek, Wooden Bridge Run, the Tacony-Frankford Creek, the Wissahickon Creek, the Darby Creek, Cobbs Creek and Indian Creek, more fully defined in the Flood Insurance Study by the United States Department of Housing and Urban Development, Federal Insurance Administration dated December, 1978, or hereafter amended and approved by the Federal Insurance Administrator. The maps shall be filed with the Department of Licenses and Inspections, the Water Department and the Philadelphia City Planning Commission, and shall be available for public inspection upon request. All such controls shall supplement other provisions of this Title.

(3) Definitions.

(a) Development. See 10-1101(1) of The Philadelphia Code.

(b) FBFM. Flood Boundary and Floodway Map.

(d) Flood Plain or Flood Prone Area. Relatively flat or low land adjoining a stream, river, or watercourse, which is subject to partial or complete inundation; or, any area subject to the unusual and rapid accumulation or run-off of surface waters from any source.

(e) Floodway. The designated area of a flood plain required to carry and discharge floodwaters of a given magnitude.

(f) Floodway Fringe. That portion of the flood plain outside the floodway.

(g) One-Hundred-Year Flood. A flood that on the average, is likely to occur once every one hundred years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year); for purposes of this Section, the Regulatory Flood.

(h) Regulatory Flood. The flood which has been selected to serve as the basis upon which the flood plain management provisions of this [Section] and other ordinances have been prepared; for the purpose of this [Section], the One-Hundred-Year Flood.

(i) A Regulatory Flood Elevation. The One-Hundred-Year Flood Elevation, as defined by the Flood Insurance Study.

(j) Substantial Improvement. Any repair, reconstruction or addition to a structure which equals or exceeds fifty percent (50%) of the market value of the structure before improvement or repair commences.

(4) Applicability. These restrictions and controls shall not be applicable to construction, development or substantial improvement for which State or Federal approvals have been granted prior to the adoption of this Section.

(5) Special Controls. The following special controls are imposed to regulate setbacks in the flood plain, construction, and earth-moving activity along watercourses subject to flooding. These controls are in addition to the requirements of the Pennsylvania Department of Environmental Resources:

(a) Within the Floodway.

(.1) No encroachment (including fill, new construction, or any development) is permitted except that public utilities are permitted as long as they cause no increase in the One-Hundred (100) Year Flood level.

(.2) Public utilities shall be prohibited from placing mobile homes and/or offices within the floodway.

(.3) Construction or substantial improvement of any structure used for the production or storage of any of the following list of materials; or used for any activity requiring the maintenance of a supply in excess of five hundred fifty (550) gallons or other comparable volume; or used for any purpose involving the production, storage, or use of any amount of radioactive substance shall be prohibited; and no variances shall be granted by the Zoning Board of Adjustment:

(.a) Acetone;

(.b) Ammonia;

(.c) Benzene;

(.d) Calcium carbide;

(.e) Carbon disulfide;

(.f) Celluloid;

(.g) Chlorine;

(.h) Hydrochloric acid;

(.i) Hydrocyanic acid;

(.j) Magnesium;

(.k) Nitric acid and oxides of nitrogen;

(.l) Petroleum products – gasoline, fuel oil, and the like;

(.m) Phosphorus;

(.n) Potassium;

(.o) Sodium;

(.p) Sulphur and sulphur products;

(.q) Pesticides (including insecticides, fungicides, and rodenticides);

(.r) Radioactive substances insofar as such substances are not otherwise subject to regulation.

(b) Within the Floodway Fringe.

(.1) The development and/or use of land shall be permitted in accordance with the Zoning Code.

(.2) Construction of dwellings is permitted if the lowest floor elevation (including basements and cellars) is one foot (1') above the Regulatory Flood Elevation.

(.3) Construction of non-residential structures is permitted if the structure is floodproofed to one foot (1') above the Regulatory Flood Elevation.

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

(.5) Construction or substantial improvement of any structure used for the production or storage of any of the following list of materials; or used for any activity requiring the maintenance of a supply in excess of five hundred fifty (550) gallons or other comparable volume; or used for any purpose involving the production, storage, or use of any amount of radioactive substance shall be permitted if it is elevated or floodproofed to remain completely dry to one and one-half (1 1/2) feet above the Regulatory Flood Elevation; and no variances shall be granted by the Zoning Board of Adjustment:

(.a) Acetone;

(.b) Ammonia;

(.c) Benzene;

(.d) Calcium carbide;

(.e) Carbon disulfide;

(.f) Celluloid;

(.g) Chlorine;

(.h) Hydrochloric acid;

(.i) Hydrocyanic acid;

(.j) Magnesium;

(.k) Nitric acid and oxides of nitrogen;

(.l) Petroleum products – gasoline, fuel oil, and the like;

(.m) Phosphorus;

(.n) Potassium;

(.o) Sodium;

(.p) Sulphur and sulphur products;

(.q) Pesticides (including insecticides, fungicides, and rodenticides;

(.r) Radioactive substances insofar as such substances are not otherwise subject to regulation.

(.1) Development shall be permitted in accordance with Section 14-1606(5)(b).

(.2) The Water Department shall determine the regulatory flood elevation in accordance with standard hydrologic and hydraulic engineering methods.

(d) Prohibited Uses.

(.1) New structures or any additions to existing structures containing as the main use the following use classifications shall be prohibited within the One Hundred Year Flood Plain as defined on the FBFM Map:

(.a) Medical and surgical hospitals and medical centers, and sanitaria;

(.b) Rest, old age, nursing or convalescent homes, and nurseries;

(.c) Penal and correctional institutions;

(.d) Mobile homes.

(.2) A special permit for the uses set forth in (5)(d)(.1)(.a) through (.d) above may be obtained from the Department of Licenses and Inspections in accordance with the provisions of Act 166 of 1978, known as the "Pennsylvania Flood Plain Management Act", and the regulations promulgated thereunder, pertaining to the issuance of special permits. Special permits shall not be issued unless the criteria in the Act and regulations for the issuance of such permits have been met by the applicant and approved by the Department of Community Affairs.

Notes

495	Added, 1979 Ordinances, p. 961.
496	Enrolled bill read "FMFY".
497	Added, 1985 Ordinances, p. 1024.
498	Added, 1985 Ordinances, p. 1024.
499	Added, 1985 Ordinances, p. 1024.
500	Enrolled bill read "FMFY".
501	Added, 1985 Ordinances, p. 1024.
502	Enrolled bill read "FMFY".

§ 14-1607. Special Controls for the Center City Commercial Area.

(1) Legislative Findings. The Council finds that:

(a) Major public and private investments have been made and continued to be made to create and maintain aesthetic enhancement, economic viability and historic values within the Center City Commercial Area. Public funding expenditures include appropriations for improved access, street and sidewalk improvements, tree plantings and street furniture.

(b) Within the said area there has been an increased number of certain uses such as amusement arcades, surface parking lots, and take-out restaurants. Said uses while not necessarily offensive by themselves, when concentrated in an area, tend to contribute to the deterioration of the aesthetics and economics of that area. There are other uses and accessory uses such as outdoor vending machines, retail sales windows, take-out windows, outdoor speakers, outdoor advertising signs, and flashing and animated signs, among others, which also tend to contribute to the deterioration of the character of an area.

(c) This area is important to the historic, cultural, and commercial vitality of Philadelphia and these types of uses could have a negative impact upon the City's efforts to improve this area through planning and funding programs of economic development, and commercial revitalization.

(d) The pedestrian ambiance of Chestnut street and Walnut street would be enhanced by insuring the continued penetration of sunlight and air to the sidewalk areas of these streets by restricting building heights on the south side of these streets in a manner that ensures this.

(e) A uniform scale of development would enhance the aesthetic character of Chestnut street and Walnut street and Market street between Front street and Fifth street by maintaining a cornice line or height line of a pedestrian scale along said streets.

(f) Therefore, special land use controls are needed to protect the historic, aesthetic and economic viability of this area. These controls should prohibit certain uses within the area, establish bulk and height controls along both sides of Chestnut street and Walnut street and Market street between Front street and Fifth street, and establish facade and sign controls for the area.

(g) Additionally certain uses and accessory uses which contribute to the deterioration of the aesthetic, historic and economic viability of this area, while representing a small portion of the capital investment, existing on a rental or lease basis rather than as permanent parts of the real property, and/or, having a short-term usable life, should be removed from said area.

(h) The properties on both sides of Market street between Front street and Fifth street is known as "Historic East Market Street" and are on the National Registry of Historic Places. This area is also an important part of the City's historic resources which attract tourists and visitors to the City and therefore in need of special zoning controls to discourage demolition, new construction, or reuse that is not of the same scale or character of these four blocks of Market street. These zoning controls should limit the width of new buildings, additions to existing buildings, and the attaching of existing building to a building width that does not exceed that of buildings along these four blocks. Use controls should prohibit and limit uses which are not compatible with a historic tourist and visitors area.

(2) Center City Commercial Area.

(a) No building shall be erected or altered, or building or land used abutting Chestnut street or Walnut street between Front street and the Schuylkill River and Broad street between South Penn square and Washington avenue and Market street between Front street and Fifth street, unless there is compliance with all the applicable requirements of this Section.

(3) Prohibited Uses. In any building or upon any land abutting Chestnut street or Walnut street between Front street and the Schuylkill River and Broad street between South Penn square and Washington avenue and Market street between Front street and Fifth street, the following uses shall be prohibited:

(a) Amusement arcades;

(b) Any use regulated by Section 14-1605, Regulated Uses;

(d) Hand laundry;

(e) Non-accessory or outdoor advertising signs;

(f) Open air parking lots;

(g) Outdoor sales or storage including outdoor use of coin operated machines which dispense food or drink, but not including open air cafés within the property line and not including any open air café on Broad street between South Penn Square and Washington avenue;

(h) Parking as the sole use of a property;

(i) Repair of motor vehicles;

(j) Restaurants, cafés, coffee shops and other similar establishments for the sale and consumption of food and/or beverages, with drive-in or take-out service (sale of food and/or beverages to be consumed outside the confines of the premises); provided that take-out restaurants with a minimum of 20 seats for indoor dining of patrons shall not be prohibited along Market street between Front street and Fifth street or along Broad Street between Rodman Street and South Street;

(k) Retail sales of products or food through a window or aperture which opens directly onto the sidewalk, a public arcade, or public entranceway into a building;

(l) Retail and wholesale sales of motor vehicles;

(m) Retail and wholesale sales of automotive parts and/or the installation of automotive parts to include audio equipment in motor vehicles;

(n) Accessory parking with vehicular ingress and egress from Broad street except on the west side of Broad street between Spruce street and Pine street; and

(o) Any accessory speaker or audio device that causes music or voices to reach the sidewalk area, public arcade, or public entranceway to a building, which is adjunct to any permitted retail use, used to advertise merchandise sold, and/or used to call to public attention the use of the premises.

(4) Uses Prohibited on the Ground Floor. In any building or upon any land abutting Chestnut street and Walnut street between Front street and the Schuylkill River and Broad street between South Penn Square and Washington avenue, the following uses shall be prohibited from occupying the ground floor:

(a) Blueprinting, duplicating, printing, publishing, photoprocessing, and kindred reproduction services;

(b) Laboratories for analytical, chemical and research purposes, assay offices; and

(c) Repair of household appliances and fixtures, musical instruments, photographic equipment, radio and television equipment, shoes, dental or prosthetic laboratories, and optical lens grinding.

(5) Uses Prohibited on Market street between Front street and Fifth street. In addition to the uses prohibited as set forth in § 14-1607(3) and § 14-1607(4), the following uses shall be prohibited on Market street between Front street and Fifth street:

(a) Athletic and drill halls, dance halls, nightclubs, theaters with live stage performances and fixed seating, (provided, that theaters with live theatrical stage performances and fixed seating shall not be prohibited), motion picture auditoriums with more than 50 seats; and other entertainment of guests and patrons as a main use;

(b) Billiards, pool and bowling;

(d) Central heating plants;

(e) Laboratories (analytical, chemical and research) and assay offices;

(f) Penal and correctional institutions;

(g) Trolley and bus terminals and car and bus barns;

(h) Water booster or sewer booster substations, electric transforming or gas regulating substations.

(6) Uses Prohibited on Broad street between South Penn Square and Washington avenue. In addition to the uses prohibited as set forth in § 14-1607(3) and § 14-1607(4), the following uses shall be prohibited on Broad street between South Penn Square and Washington avenue:

(a) Retail sale of drugs and cosmetics as a main use;

(b) Retail sale of groceries except along Broad Street between Rodman Street and South Street;

(d) Retail sale of delicatessen goods as a main use except along Broad Street between Rodman Street and South Street;

(e) Retail sale and/or preparation of bakery items as a main use except along Broad Street between Rodman Street and South Street;

(f) Retail sale of variety store merchandise;

(g) Treatment and sale of pet birds and pet animals, including boarding of pets;

(h) Water booster or sewer booster substations, electric transforming or gas regulating substations.

(7) Conditional Uses. In any building or upon any land abutting Chestnut street and Walnut street between Seventh street and the Schuylkill River and Broad street between South Penn Square and Washington avenue (except as noted in § 14-1607(6) above), the following uses shall require a Zoning Board of Adjustment certificate:

(a) Airline ticket offices;

(b) Restaurants, cafés, coffee shops and other similar establishments for the sale and consumption of food and/or beverages, without drive-in or take-out service (service at tables or sit down counter facilities only); except for restaurants along the north side of Walnut Street or the south side of Sansom street between Twelfth street and Thirteenth street that are located on the ground floor of a building which has as the principal use a multi-family residence, a hotel, or both; except for restaurants on Broad street between South Penn Square and Washington avenue and, except for restaurants located within hotels and, except for restaurants accessory to an office building (intended principally to serve the occupants of the building) provided that there shall be no ingress or egress directly from any street (accessible solely from the interior of the building) and there shall be no signage visible from the street;

(d) Retail sale of delicatessen goods as a main use except along Broad Street between Rodman Street and South Street;

(e) Retail sale of drugs and cosmetics as a main use;

(f) Retail sale and/or preparation of bakery items as a main use except along Broad Street between Rodman Street and South Street; and

(g) Treatment and sale of pet birds and pet animals, including boarding of pets;

(h) Water booster or sewer booster substations, electric transforming or gas regulating substations.

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

(a) Restaurants when located in any building or upon any land located on the north side of Market street between Front street and Fifth street.

(9) Prohibited Buildings. Upon any land abutting Chestnut street or Walnut street between Front street and the Schuylkill River and Broad street between South Penn Square and Washington avenue and Market street between Front street and Fifth street, the following buildings shall be prohibited:

(a) Kiosks, as defined in subsection 14-102(46).

(10) Bulk and Height Controls.

(a) The main cornice line on any building erected on land abutting Chestnut street or Walnut street shall not be less than thirty-five feet above the average sidewalk level.

(b) No building shall be erected which is located at a point two hundred fifty feet south of the south side of Chestnut street between Front street and a point one hundred thirty feet east of Broad street or two hundred fifty feet south of the south side of Chestnut street between a point one hundred thirty feet west of Broad street and the Schuylkill River, or within two hundred fifty feet south of the south side of Walnut street between Front street and Eighth street and between Ninth street and a point one hundred feet east of Broad street, or within two hundred fifty feet south of the south side of Walnut street between a point two hundred twenty feet west of Broad street and the Schuylkill River, unless there is compliance with the following height and bulk controls:

(.1) The main cornice line abutting the south side of Chestnut street or Walnut street shall not exceed fifty feet in height above the average sidewalk level; provided, that no portion of any building within two hundred fifty feet south of the southerly property line of Chestnut street or two hundred fifty feet south of the southerly property line of Walnut street shall exceed this fifty feet height limitation unless the portion or portions above this fifty feet height limitation recede from the plane of the cornice line a distance equal to or greater than the distance it extends above the fifty feet height limit; provided, further, that in no case shall any portion or portions of a building exceed three hundred feet in height.

(.2) Building Width Controls. For buildings fronting on Market street between Front street and Fifth street, the maximum width of any building measured from Market street to the rear lot line shall not exceed 35 feet; provided, that existing buildings which exceed this width shall not be extended in width or combined with any other building or lot so as to exceed a combined width of thirty-five feet; further provided, that any existing building of less than thirty-five feet in width shall not be extended in width or combined with any other building or lot so that the total combined width exceeds thirty-five feet.

(11) Facade Controls. No building shall be erected nor any facade altered on any building or land fronting on Chestnut street or Walnut street between Front street and the Schuylkill River and Broad street between South Penn Square and Washington avenue and Market street between Front street and Fifth street, unless plans of the facade have been approved by the Planning Commission. The Planning Commission shall have sixty (60) days to take action, after which its approval shall be presumed.

(12) Sign Controls. No signs shall be erected or maintained on any building or land fronting on or within 200 feet of Chestnut street, Walnut street, Broad street or Market street between Front street and Fifth street if said sign is visible or intended to be visible from Chestnut street or Walnut street between Front street and the Schuylkill River or from Broad street between South Penn Square and Washington avenue or from Market street between Front street and Fifth street, unless approved by the Art Commission, after consultation with the Planning Commission; provided that, the Art Commission shall have 60 days to take action, after which its approval shall be presumed; further provided, that flashing signs, intermittent or flashing light sources, revolving signs, animated signs, roof signs (excluding signs identifying the name or address of a building), and projecting signs except along Market street between Front street and Fifth street shall be prohibited.

(13) Discontinuance of Non-Conforming Uses.

(a) In all buildings and/or upon all land abutting Chestnut street or Walnut street between Seventh street and the Schuylkill River of from Broad street between South Penn Square and Washington avenue, and Market street between Front street and Fifth street, the uses prohibited in § 14-1607(3), relating to prohibited uses, subsection (g), relating to outdoor sales and storage, and (o), relating to accessory speakers, shall be discontinued immediately and shall not be resumed or maintained, provided, all such material and devices shall be permanently removed within 90 days of the effective date of this ordinance; further provided, that the uses prohibited in subsection (k), relating to retail sales through a window, shall be discontinued immediately and shall not be resumed, provided all such windows shall be permanently removed within one year of the effective date of this ordinance; further provided, that the uses in subsection (e), relating to outdoor advertising, shall be discontinued and shall not be resumed or maintained at the expiration of 2 years from the effective date of this ordinance.

(b) Nothing in this Section shall imply or incur any obligation on the part of the City to compensate any person for any financial loss attributed to the discontinuance of a non-conforming use.

(14) Discontinuance of Operation. If in any building and/or upon any land abutting Chestnut street or Walnut street between Front street and the Schuylkill River and Broad street between South Penn Square and Washington avenue or Market street between Front street and Fifth street any use prohibited in § 14-1607(3)(a) through (o) and § 14-1607(5)(a) through (h), above, should cease or discontinue for a period of 90 or more consecutive days, it may not resume, or be replaced by any similar use unless it complies with all the requirements set forth in this Chapter.

(15) Discontinuance of Non-Conforming Buildings.

(a) Upon all land abutting Chestnut street or Walnut street between Front street and the Schuylkill River and Broad street between South Penn Square and Washington avenue or Market street between Front street and Fifth street, the buildings prohibited in § 14-1607(9), relating to prohibited buildings, shall be permanently removed within 3 years of the effective date of this subsection.

(b) Nothing in this Section shall imply or incur any obligation on the part of the City to compensate any person for any financial loss attributed to the discontinuance of a non-conforming building.

(16) With respect to non-conforming uses in buildings and/or upon land abutting Chestnut street or Walnut street between Eighteenth street and the Schuylkill River, the time periods referred to in subsection (13), concerning Discontinuance of Non-Conforming Uses, shall relate to the effective date of this subsection (16).

(17) With respect to non-conforming buildings and non-conforming uses in buildings and/or upon land abutting Broad street between Pine street and Washington avenue, the time periods referred to in subsection (13), concerning Discontinuance of Non-Conforming Uses and subsection (15), concerning Discontinuance of Non- Conforming Buildings, shall relate to the effective date of this subsection.

(18) With respect to non-conforming uses in buildings and non-conforming uses in buildings and/or upon land abutting Market street between Front street and Fifth street, the time periods referred to in subsection (13), concerning Discontinuance of Non-Conforming Uses, and subsection (15), concerning Discontinuance of Non- Conforming Buildings shall relate to the effective date of subsection.

(19) Conflicting Regulations. When the provisions of this Section conflict with the provisions of § 14-214, relating to the "RC-4" Residential District, and/or the provisions of § 14-305, relating to the "C-4" and "C-5" Commercial Districts, the more restrictive provisions shall control.

(20) Enforcement. No permits for any construction, alteration and/or renovation of any building or upon any land shall be issued by the Department of Licenses and Inspections unless there is compliance with all of the applicable Sections of this Chapter; provided, that within the specified time periods after the enactment of this ordinance, the Department shall institute any appropriate action or proceeding to enforce the requirements that all uses listed in § 14-1607(13), Discontinuance of Non-Conforming Uses, and all buildings listed in § 14-1607(15), Discontinuance of Non-Conforming Buildings, have been removed; further provided, that any person aggrieved by any decision of any officer, department, board or commission of the City acting under the authority of this Chapter shall have the right to take an appeal of such decision by requesting a variance from the Zoning Board of Adjustment.

(21) Sidewalk cafés. Nothing in this Section 14-1607 shall prohibit or require a Zoning Board of Adjustment certificate for the maintenance of sidewalk cafés, if licensed in accordance with Section 9-208 of the Code, at any of the following locations:

(a) Chestnut street, from Front street to Broad street;

(b) Walnut street, from Front street to Broad street;

(d) Broad street, from South Penn square to north houseline of Washington avenue;

(e) Chestnut street, from Broad street to Eighteenth street; and

(f) Walnut street, from Broad street to Eighteenth street.

(22) Additional Special Controls. In recognition of special development considerations, unique property characteristics and unparalleled access to various modes of public transportation, and to encourage the highest and best use and development of this area, the following special controls shall apply to the area bounded by Walnut Street, Twelfth Street, Thirteenth Street, and Sansom Street:

(a) Frontage along Walnut Street. The total frontage on any building along Walnut street (measured on a line parallel to Walnut Street) shall not exceed sixty feet, except that if the building provides a through-block passageway with pedestrian access between Walnut street and Sansom street, the total frontage of the building along Walnut street may not exceed one hundred ten feet;

(b) Loading spaces. The minimum dimensions for the first and second required off-street loading and trash storage spaces, if located on Sansom street, shall be as follows: ten feet wide, forty feet long, fourteen feet high.

(c) Bonus floor area for Green Buildings. In addition to the Basic Floor Area permitted under Section 14-305(8)(a)(.2) of this Title, any new building shall be permitted bonus gross floor area for committing to green building construction practices, as follows:

(.1) Criteria.

(.a) The applicant has submitted documentation sealed by a LEED-AP professional confirming that the building has been designed for certification at the LEED Silver, Gold or Platinum level, and that preliminary review of the building design and elements confirm that it will earn enough points to be certified at that level.

(.b) The applicant has signed an agreement with the City confirming that it will complete the LEED certification and commissioning process at the Silver, Gold or Platinum level, and that if the building fails to be commissioned at the level for which the bonus has been awarded, the applicant will either:

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

(ii) Be in violation of this Title and subject to applicable penalties, as set forth in the Philadelphia Administrative Code.

(.2) Bonus Floor Area. In addition to the Basic Floor Area permitted under Section 14-305(8)(a)(.2):

(.a) If the applicant is applying for certification at the LEED Silver level, the bonus floor area earned for LEED will be two hundred percent (200%) of the lot area.

(.b) If the applicant is applying for certification at the LEED Gold or Platinum level, the bonus floor area earned for LEED will be four hundred percent (400%) of the lot area.

(.3) For purposes of this Section, "LEED" refers to the Leadership in Energy and Environmental Design process.

(d) Bonus Floor Area for Public Art. In addition to the Basic Floor Area permitted under Section 14-305(8)(a)(.2) of this Title, any new building shall be permitted bonus gross floor area for committing to public art, as follows:

(.1) Criteria.

(.a) Qualifying Items: The items provided to earn this bonus must meet the definition of "On-site Public Art" under Section 14-305(9)(g)(.1) of this Title and be located on the building, or in an open area or passageway with public access. Items for which an admission fee or viewing fee is charged, such as with an art gallery, or that are primarily designed to advertise or promote a commercial good or service, shall not satisfy the requirements of this section.

(.b) Cost: The applicant shall provide public art at an amount equal to at least 1% of hard construction costs for the new building.

(.c) Agreement with Art Commission: In order to expedite the development review and approval process, an applicant for a floor area bonus pursuant to this section may sign an agreement with the Art Commission committing to provide and install public art as required by this section. After signing an agreement in a form acceptable to the City and posting financial security in a form acceptable to the City, the applicant shall be deemed to have satisfied the requirements of this section.

(.d) Approval Criteria: To meet the requirements of this section, the applicant must have the public art and proposed artist(s) approved by the Art Commission or an Art Selection Committee in one of the manners set forth in Section 14-305(9)(g)(.5), (.6).

(.2) Bonus Floor Area. In addition to the Basic Floor Area permitted under Section 14-305(8)(a)(.2), if the applicant provides and installs public art meeting the criteria set forth in this section, the bonus floor area earned for public art will be two hundred percent (200%) of the lot area.

(e) Maximum Floor Area Bonus Amounts. The floor area bonus provisions of Sections 14-1607(22)(c) and (d) for green buildings and public art may be used in combination to earn additional gross floor area up to a maximum bonus of 400% of the lot area, and may not be used in addition to any floor area bonus provided under Section 14-305(9). All bonus floor area earned pursuant to these sections must be used so that the property otherwise complies with all dimensional standards applicable to the property (other than the maximum gross floor area or floor area ratio) under this Title.

(f) When the provisions of this subsection 14-1607(22) conflict with other provisions of this Title, the provisions of this subsection shall control.

Notes

503	Added, 1981 Ordinances, p. 146; amended, 1983 Ordinances, p. 1136; amended, 1991 Ordinances, p. 1189.
504	Amended, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306.
505	Amended, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306.
506	Amended, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306.
507	Added, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306.
508	Amended by deleting former subsection (a) and renumbering (b) to (a), 1994 Ordinances, p. 876.
509	Amended, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306.
510	Amended, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306.
511	Amended, Bill No. 990425 (approved November 19, 1999).
512	Amended, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; amended, Bill No. 110670 (approved November 29, 2011). See note 193.2 for permit issuance and sunset provisions.
513	Amended, Bill No. 980779 (approved December 30, 1998).
514	Amended and renumbered, Bill No. 875 (approved December 28, 1995); renumbered from subsection (5), Bill No. 990425 (approved November 19, 1999).
515	Added, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; amended and renumbered from subsection (4), Bill No. 990425 (approved November 19, 1999).
516	Added, Bill No. 990425 (approved November 19, 1999).
516.1	Amended, Bill No. 110670 (approved November 29, 2011). See note 193.2 for permit issuance and sunset provisions.
516.2	Amended, Bill No. 110670 (approved November 29, 2011). See note 193.2 for permit issuance and sunset provisions.
516.3	Amended, Bill No. 110670 (approved November 29, 2011). See note 193.2 for permit issuance and sunset provisions.
517	Amended and renumbered, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; amended and renumbered, Bill No. 990425 (approved November 19, 1999).
518	Amended, Bill No. 990425 (approved November 19, 1999); amended, Bill No. 110083 (approved April 27, 2011); Bill No. 110083 repealed by Bill No. 110842 (approved December 21, 2011), effective June 18, 2012. Amended, Bill No. 110275 (approved December 21, 2011).
518.1	Amended, Bill No. 110670 (approved November 29, 2011). See note 193.2 for permit issuance and sunset provisions.
518.2	Amended, Bill No. 110670 (approved November 29, 2011). See note 193.2 for permit issuance and sunset provisions.
519	Added, Bill No. 980684 (approved November 19, 1999). Enrolled Bill No. 980684 numbered this as subsection (7); renumbered by Code editor to reconcile amendment from Bill No. 990425 (approved November 19, 1999).
520	Amended and renumbered, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; renumbered, Bill No. 980684 (approved November 19, 1999); amended and renumbered, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 numbered this as subsection (8); renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
521	Amended and renumbered, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; renumbered, Bill No. 980684 (approved November 19, 1999); renumbered, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 numbered this as subsection (9); renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
521.1	Amended , Bill No. 110083 (approved April 27, 2011); Bill No. 110083 repealed by Bill No. 110842 (approved December 21, 2011), effective June 18, 2012.
522	Added, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306.
523	Amended and renumbered, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; renumbered, Bill No. 980684 (approved November 19, 1999); amended and renumbered, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 numbered this as subsection (10); renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
524	Amended and renumbered, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; renumbered, Bill No. 980684 (approved November 19, 1999); amended and renumbered, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 numbered this as subsection (11); renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
525	Renumbered, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; renumbered, Bill No. 980684 (approved November 19, 1999); renumbered, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 numbered this as subsection (12); renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
526	Amended, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; amended, Bill No. 990425 (approved November 19, 1999).
527	Amended and renumbered, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; renumbered, Bill No. 980684 (approved November 19, 1999). Enrolled Bill No. 980684 read "Discontinuance of Operaion".Amended and renumbered, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 numbered this as subsection (13); renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
528	Renumbered, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; renumbered, Bill No. 980684 (approved November 19, 1999); renumbered, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 numbered this as subsection (14); renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
529	Amended, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; amended, Bill No. 980684 (approved November 19, 1999); amended, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 renumbered the internal reference as "§ 14-1607(8)"; renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
530	Amended and renumbered, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; amended and renumbered, Bill No. 980684 (approved November 19, 1999); amended and renumbered, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 numbered this as subsection (15) and renumbered the internal references as subsections (12) and (15); renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
531	Added, former subsection (16) deleted, and former subsections (14) and (15) renumbered, 1994 Ordinances, p. 876; amended and renumbered, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; amended and renumbered, Bill No. 980684 (approved November 19, 1999); amended and renumbered, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 numbered this as subsection (14) and renumbered the internal references as subsections (12) and (14); renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
532	Added, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; amended and renumbered, Bill No. 980684 (approved November 19, 1999); amended and renumbered, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 numbered this as subsection (17) and renumbered the internal references as subsections (12) and (14); renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
533	Renumbered, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; amended and renumbered, Bill No. 980684 (approved November 19, 1999); amended and renumbered, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 numbered this as subsection (18); renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
534	Enrolled bill read 14-224, which was renumbered to Section 14-214. See note 82.
535	Amended and renumbered, Bill No. 875 (approved December 28, 1995), 1995 Ordinances, p. 1306; amended and renumbered, Bill No. 980684 (approved November 19, 1999); amended and renumbered, Bill No. 990425 (approved November 19, 1999). Enrolled Bill No. 990425 numbered this as subsection (19) and renumbered the internal references as subsections (12) and (14); renumbered by Code editor to reconcile amendment from Bill No. 980684 (approved November 19, 1999).
536	Added, Bill No. 990726 (approved December 31, 1999). Enrolled Bill No. 990726 numbered this as subsection (19); renumbered by Code editor. Amended by adding subsections (21)(e) and 21(f), Bill No. 000026 (approved March 28, 2000). Enrolled bill erroneously numbered these as subsections (20)(a) and (20)(b); renumbered by Code editor. Enrolled bill did not revise punctuation in subsections (20)(c) and (20)(d) to reflect new subsections, and enrolled bill erroneously contained a semicolon at the end of subsection (20)(f); revised by Code editor.
537	Enrolled bill read "Walnuts street".
537.1	Added, Bill No. 110275 (approved December 21, 2011).

§ 14-1607.1. Special Controls for Rittenhouse Row and Chestnut Street.

(1) Legislative Findings. The Council finds that:

(a) Major public and private investments have been made and continue to be made to protect and maintain the economic viability, aesthetics and historic character of the area of Center City on Walnut Street, West of Broad, and of the area of Center City on Chestnut Street, West of Broad;

(b) These areas are two of the major shopping destinations of Center City. It is essential to the continued success of these areas to maintain the existing character of the areas and to attract and promote certain specialty retailers to locate within these areas;

(c) Within the said areas there are a number of certain uses which while not necessarily offensive by themselves, when concentrated in an area, tend to contribute to the deterioration of the economics and aesthetics of that area;

(d) The current provisions of the Zoning Code permit certain uses which may be considered as being incompatible with the general character of these areas;

(e) These areas are important to the historic, cultural and commercial vitality of Center City Philadelphia and these types of uses could have a negative impact of these areas;

(f) It is in the best interest of the property owners, business operators, shoppers and the City of Philadelphia that these areas continue to prosper;

(g) Therefore, special land use controls are needed to promote and protect the economic viability of these areas.

(2) Uses Prohibited on the Ground Floor. In addition to the use restrictions as set forth in Zoning Code Section 14-305 and Section 14-1607, in any building or upon any land abutting Walnut street between Broad street and Twentieth street, or in any building or upon any land abutting Chestnut street between Broad street and Twentieth street, the following uses shall be prohibited from occupying the ground floor:

(a) Dry cleaning establishment;

(b) Financial institution;

(d) Retail sales of drugs;

(e) Retail sales of general merchandise;

(f) Retail sales of groceries;

(g) Retail sales of major appliances;

(h) Retail sales of optical goods when such use exceeds 2,500 square feet in gross floor area;

(i) Retail sales of recorded music when such use exceeds 2,500 square feet in gross floor area;

(j) Retail sales of variety store merchandise;

(k) Shoe repair;

(l) Tanning salon or spa;

(m) Tattoo and body piercing establishment; and

(n) Fortuneteller establishment/palmist.

Notes

538	Added, Bill No. 000027 (approved May 8, 2000); amended Bill No. 030617 (approved November 13, 2003).

§ 14-1608. Chinatown Special District Controls.

(1) Legislative Findings. The Council finds that:

(a) Major public and private investments have been made and continue to be made in and around the Chinatown section of the City to enhance visual aesthetics, preserve historic and cultural amenities, prevent declining property values and encourage economic investment and tourism, and protect the economic vitality of this section of Philadelphia;

(b) Public expenditures have included appropriations for improvement of vehicular access, street and sidewalk improvements, landscaping and sound barriers to enhance and protect Chinatown;

(c) Private investment within and immediately adjacent to Chinatown includes the rehabilitation, restoration and construction of numerous properties in Chinatown, the Gallery shopping complex, the proposed Center City Convention Center, and new construction within the Independence Mall Urban Renewal Area;

(d) The large amount of public and private investment in the areas adjacent to Chinatown, namely, within the Independence Mall Urban Renewal Area, the Convention Center Urban Renewal Area, Market Street East Urban Renewal Area, and the Vine Street Parkway may pose a threat to the retention of the unique historic, cultural and aesthetic character of Chinatown;

(e) Chinatown is important to the economic vitality and diverse character of Center City Philadelphia in that it serves as a major tourist attraction and as a cultural center for Chinese and Asian Americans and immigrants within the region;

(f) Chinatown is a neighborhood consisting predominantly of residences and small scale retail development surrounded by intense commercial, industrial and institutional development and as such a community, which is home and/or place of employment to thousands of Philadelphians, it should be preserved and protected from negative influences from surrounding development activity;

(g) Therefore, special land use and zoning controls providing for limitation on commercial and industrial activity and imposing bulk and height limits are required to protect the historic, cultural, aesthetic, residential and economic vitality of this section of the City.

(2) Purpose of the District. This special district is established in order to preserve and encourage the revitalization of the section of the City known as Chinatown. It is recognized that this section of the City is unique as a cultural nucleus supported predominantly by residential, small scale commercial and light industrial activities and has developed into a vital, mixed use district containing many various uses within blocks and many various uses within buildings. As this pattern contributes to the distinctive atmosphere of Chinatown, Council recognizes the need to establish special land use and zoning controls to foster the preservation and development of this section of the City in accordance with its special character.

(3) District Boundaries. For the purposes of this Section, the Chinatown Special District regulations shall apply to all the properties within the area bounded as follows and depicted on Map "A":

(a) On the north, the south street line of Vine street; on the east, the westerly edge of the Center City Commuter Connection Tunnel east of Ninth street; on the south, the north street line of Arch street; and, on the west, the east street line of Eleventh street.

(b) Properties with frontage on Camac street between Vine street on the north, Race street on the south, Eleventh street on the east and Thirteenth street on the west.

(4) Permitted Uses. Within the Chinatown Special District (Map "A") and notwithstanding any other Chapter of this Title, properties may be used only in accordance with the following regulations:

(a) The uses permitted in the "C-2" Commercial District, subject to all use qualifications set forth therein and subject to all use prohibitions set forth below.

(5) Prohibited Uses. Within the Chinatown Special District (Map "A") and notwithstanding any other Chapter of this Title, the following uses shall be prohibited:

(a) Amusement Arcades;

(b) Athletic and drill hall, dance hall, and other entertainment of guests and patrons as a main use;

(c) Automobile repair shop, automobile service station for the retail sale of automobile fuels, lubricants and accessories, retail sale and installation of automobile parts, tires or audio equipment, car wash, automobile sale lot;

(d) Billiards, pool and bowling;

(e) Bottling and/or distribution of liquids for human consumption;

(f) Central heating plant;

(g) Courtroom and courthouse building;

(h) Garages as a main use, and public parking lot;

(i) Installation of auto, boat, motorcycle or truck parts;

(j) Laboratories (analytical, chemical and research) and assay offices;

(k) Non-accessory outdoor advertising signs and billboards;

(l) Penal and correctional institutions;

(m) Trolley and bus terminals, and car and bus barns.

(6) Bulk and Height Controls. Within a portion of the Chinatown Special District north of the rear property lines of properties fronting on Arch street between Ninth street and Tenth street and north of the north street line of Appletree street between Tenth street and Eleventh street (Map "B") and notwithstanding any other Chapter of this Title, the following bulk and height controls shall apply:

(a) Maximum Height. The maximum height of any building shall not exceed sixty feet or six stories, provided that additions to existing buildings which do not increase the gross floor area of the building by more than one hundred (100) percent may be built to a height (in both feet and stories) not to exceed the existing building, provided that all of the yard, open space, and floor area ratio requirements are met.

Notes

539	Added, 1989 Ordinances, p. 1412. Enrolled bill read "Chapter 14-1608".

§ 14-1609. Center City Height Controls.

(1) Legislative Findings. The Council finds that:

(a) The protection and enhancement of the high quality of the City's skyline is in the best interest of the City of Philadelphia.

(b) Historic views of the skyline and the City Hall Tower from Interstate 95, the Schuylkill Expressway, Broad street, the Belmont Plateau and the Benjamin Franklin Parkway contribute to the character of the City and must be retained for posterity.

(c) The City of Philadelphia has an economic interest in maintaining its skyline and views of the City Hall Tower in that these views have been traditionally identified with the City of Philadelphia and have been used to promote the City both as a tourist attraction and as an attractive location for business and industry.

(d) It is desirable to continue to promote the historic character of the City and the statue of William Penn has frequently been used as a symbol of the history of the City as well as a symbol of the history of the United States of America.

(e) At the time of its construction, the City Hall Tower was one of the tallest structures in the country. While it is not necessary for the tower to be the City's tallest structure, it is necessary to preserve its prominence on the skyline by the preservation of the traditional views of the tower.

(f) At present, only the existing Benjamin Franklin Parkway controls protect and enhance the City's skyline and traditional view corridors of the City Hall Tower.

(g) Therefore, additional special height controls are necessary to protect and enhance the City's skyline and to protect traditional view corridors of the City Hall Tower.

(h) The establishment of specific height maximums within the four zones shown on the accompanying Maps "A", "B" and "C" is necessary to accomplish the protection and enhancement of the City's skyline and traditional view corridors of the City Hall Tower.

(2) Scope.

(a) The special controls of this Section shall apply within the following zones, as defined:

(.1) Zone 1. The area which lies between the line bearing south fifty-four degrees forty-five minutes twenty-nine seconds east and the line bearing south fifty-three degrees nine minutes forty-five seconds east, and which is at least seven thousand one hundred sixty-five feet from that point on the Art Museum steps designated as N240740, E2719920 on the Pennsylvania State Plane Coordinate South Zone Map. Zone 1 generally is a corridor extending southeast from City Hall, and is illustrated in the accompanying Map "A".

(.2) Zone 2. The area which lies between the line bearing south fifty-three degrees nine minutes forty-five seconds east and the line bearing south forty-eight degrees forty-nine minutes fifty-nine seconds east, and which is at least seven thousand one hundred sixty-five feet from that point on the Art Museum steps designated as N240740, E2719920 on the Pennsylvania State Plane Coordinate South Zone Map. Zone 2 generally is a corridor extending southeast from City Hall, and is illustrated in the accompanying Map "A".

(.3) Zone 3. The area not more than two hundred sixty feet on either side of the line bearing north fifty-nine degrees fifty-one minutes twenty seconds east, beginning at City Hall Tower, and within the area bounded by the south side of Spring Garden street to the north and the west side of Fourth street to the east. Zone 3 generally is a corridor extending northeast of City Hall, and is illustrated in the accompanying Map "B".

(.4) Zone 4. The area marked "Zone 4" on the accompanying Map "C", being generally the area bounded by Arch street, Sixteenth street, Chestnut street, and Thirteenth street.

(b) All maps referenced in this Section shall be filed with the Department of Licenses and Inspections and the City Planning Commission, and shall be available for public inspection during normal business hours upon request.

(3) Maximum Heights. No building within any of the Zones listed in subsection (2) shall be erected or altered to be in excess of the following maximum heights (measured from 0 feet City Datum):

(a) Within Zone 1, the maximum height of a building at any point shall be determined by the formula (d x 0.05705) + 90 feet, where "d" is the distance in feet from any point of the building to the point on the Art Museum steps designated as N240740, E2719920 on the Pennsylvania State Plane Coordinates South Zone Map;

(b) Within Zone 2, the maximum height of a building at any point shall be determined by the formula (d x 0.02586) + 90 feet, where "d" is calculated as in subsection 3(a);

(.1) For any point of a building within one hundred feet on either side of the line bearing north fifty- nine degrees fifty-one minutes twenty seconds east as measured through the center line of City Hall Tower, the maximum height shall be three hundred thirty feet;

(.2) For any point of a building greater than one hundred feet from said line bearing north fifty-nine degrees fifty-one minutes twenty seconds east, but no more than two hundred sixty feet from said line, the maximum height shall increase above three hundred thirty feet along a forty-five degree recession plane, such that the maximum height at the outer edge of the recession plane (two hundred sixty feet from said line) shall be four hundred ninety feet;

(d) Within Zone 4, the maximum height shall be as designated on Map "C".

(4) Conflicting Height Limitations. If any part of a building is subject to more than one maximum height, whether established by this Section or established by or resulting from any other provision of this Title, the least maximum height shall control.

Notes

540	Added, 1989 Ordinances, p. 1521.

§ 14-1610. Old City Residential Area Special District Controls.

(1) Legislative Findings. The Council finds that:

(a) Major public and private investments have been made and continue to be made in and around the Old City section of the City to enhance visual aesthetics, preserve and protect the nationally registered historic district, prevent declining property values, encourage economic investment and tourism, promote residential uses in and adjacent to the downtown core, and protect the economic vitality of this section of Philadelphia;

(b) Public expenditures have included appropriations for restoration of historic sites, improvement of vehicular access, street and sidewalk improvements, reconstruction of Market street from Front street to Fifth street, interstate right-of-way landscaping and sound barriers to protect Old City;

(c) Private investment within and immediately adjacent to Old City includes the restoration, adaptive reuse, and reconstruction of numerous historic structures, representing upwards of five hundred million ($500,000,000) dollars of investment and creating more than two thousand (2,000) new housing units, the new construction within the Independence Mall Urban Renewal Area, the rehabilitation of historic churches and the private development of City-owned piers at Penn's Landing;

(d) The large amount of public and private investment in the areas adjacent to Old City, namely, redevelopment within the Independence Mall Urban Renewal Area, Market Street East Urban Renewal Area, Vine Street Expressway, Interstate 95 access ramps, and Penn's Landing may pose a threat to the retention of the unique historic character, cultural significance and residential viability of Old City;

(e) Old City is important to the economic vitality and diverse character of Center City Philadelphia in that it serves as a major tourist destination within "America's Most Historic Square Mile", with more than 1.6 million sightseers per year visiting Independence National Historic Park, Elfreth's Alley, Christ Church, the Betsy Ross House, Benjamin Franklin's gravesite, the 1802 Society of Friends Meeting House and the Museum of American Jewish History;

(f) Old City is a neighborhood consisting of a unique collection of 18th and 19th century structures, the great majority of which do not exceed 5 stories in height. The area is considered one of the greatest intact collections of 19th century cast iron facade buildings in the United States. The district is now and has been for over 100 years essentially fully developed, thus there are few vacant development sites. Pressure to develop these few vacant parcels with higher density projects for greater economic return will intensify. This will ultimately lead to construction of buildings of a height, bulk and density that will overshadow existing historic 3 to 5 story structures. Such higher density development may be incompatible with sensitive historic areas such as Elfreth's Alley, the Betsy Ross House and Christ Church;

(g) Higher density development may over burden local streets with additional vehicular traffic and strain utility and City provided services. Structures in excess of 5 stories may block out light and air to the predominantly lower historic buildings nearby, now occupied by predominantly by residential uses. They may also block historic views of important historic sites and groups of restored facades typical of the district. This will serve to lower the quality of life for existing homeowners and tenants and may negatively affect the property values of previously converted residential structures;

(h) Therefore, special land use and zoning controls providing for limitation on the height of new construction or additions to existing buildings as well as on the size and location of certain specific entertainment and commercial uses, are required to protect the historic, residential, cultural and economic vitality of this section of the City;

(i) In addition to the areas covered by the special land use and zoning controls when this Section was first added to the Code, there are equally important areas within Old City that require protection under the Code;

(j) There are over 91 restaurant, bar, or nightclub uses within a 25-square block area of Old City with a residential occupancy of over 4,000 people;

(k) Within these 25-square blocks (Front Street to Sixth Street, Wood Street to Walnut Street) seven blocks are the Independence National Historic Park. The 13 remaining blocks contain mixed-use zoning;

(l) This 13-block area of Old City supports 91 restaurant and bar establishments, 72 of which are located south of Market Street;

(m) The 72 restaurant, bar, or nightclub establishments south of Market Street operate within a 5-block area and 67 of these establishments have liquor licenses;

(n) Within an area of only 2 square blocks (Front Street to Third Street and Market Street to Chestnut Street) there are 58 restaurant, bar, or nightclub establishments, 56 of which have liquor licenses;

(o) While much of this growth is positive, some of its negative effects have been severely impacting the residents and reputable businesses in the area. Some of the existing restaurants, bars, and nightclubs have become a nuisance to the community by contributing to more crime, public intoxication, vandalism, litter, and other anti- social forms of behavior and by reducing parking spaces for residents and patrons of more reputable establishments in the area;

(p) Recent fights and shootings have been committed as a result of disputes arising within some of the restaurants, bars, or nightclubs. In response, police activity has been increased in the area;

(q) The City should protect this vital residential and commercial community from these negative influences by enacting legislation that creates a positive environment for current and future residential and commercial development.

(2) District Boundaries. For the purposes of this Section, the Old City Residential Area Special District regulations shall apply to:

(a) All the properties within the area bounded as follows and depicted on Map "A": On the north, the south street line of Wood street; on the east, the west street line of the Delaware Expressway; on the south, the north property line of all properties fronting on the north side of Market street; and, on the west, the east street line of Fifth street; and the properties bounded by the south street line of Spring Garden street on the north, the east street line of Seventh street on the west, the north street line of Wood street on the south and the west street line of Christopher Columbus boulevard on the east; and the properties bounded by the south street line of Wood street on the north, the east street line of Sixth street on the west, the north street line of Vine street on the south and the west street line of Fifth street on the east;

(b) All the properties within the area bounded by Market Street on the north, (including properties fronting on both sides of Market Street), the east street line of Fifth street on the west, the north street line of Walnut Street on the south and the west street line of Front Street on the east.

(3) Prohibited Uses. Within the Old City Residential Area Special District and notwithstanding any other Chapter of this Title, the following uses shall be prohibited as set forth below:

Within the area described in subsection 14-1610(2)(a), the following uses shall be prohibited:

(a) Amusement Arcades;

(b) Athletic and drill hall, dance hall, and other entertainment of guests and patrons as a main use;

(c) Automobile repair shops, automobile service station for the retail sale of automobile fuels, lubricants and accessories, retail sale and installation of automobile parts, tires or audio equipment, car wash, automobile and truck sale lots;

(d) Billiards, pool and bowling;

(e) Bottling and/or distribution of liquids for human consumption;

(f) Central heating plant;

(g) Courtroom and courthouse building;

(h) Garages as a main use and public parking lots;

(i) Installations of auto, boat, motorcycle or truck parts;

(j) Laboratories (analytical, chemical and research) and assay offices;

(k) Penal and correctional institutions;

(l) Restaurants and nightclubs;

(m) Theaters with live stage performances and motion picture auditoriums;

(n) Trolley and bus terminals and car and bus barns;

(o) Fortune teller establishments;

(p) Tattoo and body piercing establishments;

(q) Palm readers, Tarot Card readers and other related types of so-called psychic personal services;

(r) Take out restaurant;

(s) Telemarketing, as that term is defined in the Telemarketer Registration Act, Act of December 4, 1996, P.L. 911, No. 147, § 2, as amended (73 P.S. § 2242).

Within the area described in subsection 14-1610(2)(b), the following uses shall be prohibited:

(a) Cabarets;

(b) Dance halls;

(d) Fortune teller establishments;

(e) Nightclubs;

(f) Palm readers, Tarot Card readers and other related types of so-called psychic personal services;

(g) Private clubs;

(h) Restaurants;

(i) Take out restaurants;

(j) Tattoo and body piercing establishments;

(k) Telemarketing, as that term is defined in the Telemarketer Registration Act, Act of December 4, 1996, P.L. 911, No. 147, § 2, as amended (73 P.S. § 2242);

(l) The expansion or extension of any use listed in (a) through (k) above.

(4) Height Regulations. Within the area described in subsection 14-1610(2)(a), the following height regulations shall apply:

(a) The maximum height of a building or an addition to an existing building shall be 65 feet about the average ground level at the base of the structure, provided, that this height restriction shall also be applicable to:

(.1) Any rooftop parapet wall, mechanical or elevator penthouse, any mechanical or building support equipment;

(.2) Cable service equipment of any type including antennae;

(.3) Non-accessory outdoor advertising signs.

(5) Maximum Building Width. Within the area described in subsection 14-1610(2)(a), the following building width regulations shall apply:

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

(.1) Buildings or portions of buildings shall be constructed so that the total width of the building at its widest point measured on a line parallel with the street does not exceed 70 feet.

MAP A
SPECIAL ZONING & LAND USE CONTROLS FOR THE OLD CITY RESIDENTIAL AREA

– – – – Old City Residential Area
Special District Boundaries

Notes

541	Added, 1990 Ordinances, p. 861.
542	Amended, Bill No. 020050 (approved April 3, 2002).
543	Amended, Bill No. 020050 (approved April 3, 2002). Enrolled bill amended numerical figures (500,000,000) only and neglected to amend amount as spelled out.
544	Amended, Bill No. 020050 (approved April 3, 2002).
545	Amended, Bill No. 020050 (approved April 3, 2002).
546	Added, Bill No. 020050 (approved April 3, 2002).
547	Amended, Bill No. 020050 (approved April 3, 2002).
548	Added, Bill No. 030386 (approved July 31, 2003).
549	Added, Bill No. 030386 (approved July 31, 2003).
550	Added, Bill No. 030386 (approved July 31, 2003).
551	Added, Bill No. 030386 (approved July 31, 2003).
552	Added, Bill No. 030386 (approved July 31, 2003).
553	Added, Bill No. 030386 (approved July 31, 2003).
554	Added, Bill No. 030386 (approved July 31, 2003).
555	Added, Bill No. 030386 (approved July 31, 2003).
556	Added, Bill No. 030386 (approved July 31, 2003).
557	Amended, Bill No. 030386 (approved July 31, 2003).
558	Amended, Bill No. 051200 (approved March 16, 2006); amended, Bill No. 060116 (approved April 20, 2006).
559	Amended, Bill No. 030386 (approved July 31, 2003).
560	Added, Bill No. 010126 (approved February 27, 2002).
561	Added, Bill No. 010126 (approved February 27, 2002).
562	Added, Bill No. 020050 (approved April 3, 2002).
563	Added, Bill No. 020050 (approved April 3, 2002).
564	Added, Bill No. 030114 (became law April 3, 2003).
565	Added, Bill No. 030386 (approved July 31, 2003).
566	Added, Bill No. 020050 (approved April 3, 2002); amended, Bill No. 030386 (approved July 31, 2003).
567	Added, Bill No. 020050 (approved April 3, 2002); amended, Bill No. 030386 (approved July 31, 2003).

§ 14-1611. Benjamin Franklin Parkway Controls.

(1) Between Broad Street and Eighteenth Street. No building, any portion of which falls within the boundary lines of the Parkway, between Broad Street and Eighteenth Street, or within 200 feet therefrom, shall be erected, altered, or used except in conformity with the following requirements:

(a) The main cornice line of every such building, except a church fronting on or facing toward the Parkway shall not exceed in height above the street level three times the width of its facade fronting on or visible from any point within the boundaries of the Parkway or in any event 230 feet between Broad and Seventeenth Streets and 200 feet between Seventeenth and Eighteenth Streets, and no other portion of said building, except pediment or attic wall, shall exceed the height of said cornice, unless the portion or portions above said cornice line shall recede from the plane of each exterior wall face of said building at least as far as said portion or portions extend above said line. No portion of such building, except a church, shall in any case exceed 268 feet in height above the street level between Broad and Seventeenth Streets and 245 feet above said level between Seventeenth and Eighteenth Streets.

(b) No such building shall be erected or altered nor shall any permit for such erection or alteration be issued until the approval of the Art Commission has been obtained.

(2) Between Fairmount Park and Eighteenth Street, Including Logan Square. No building, any portion of which falls within the boundary lines of the Parkway or Logan Square, between Fairmount Park and Eighteenth Street, or within 200 feet therefrom, shall hereafter be erected, altered, or used except in conformity with the following requirements:

(a) The main cornice line of every such building, except a church, shall not exceed in height above the street level the width of its facade fronting on the Parkway drive or facing toward the Parkway or Square, or in any event 80 feet, and no other portion of said building, except pediment or attic walls, shall exceed the height of such cornice, unless the portion or portions above said cornice line shall recede from the plane of each exterior wall face of said building at least as far as said portion or portions extend above said line. No portion of such building, except a church, shall in any case exceed 100 feet in height between Fairmount Park and the Crescent or 160 feet in height between the Crescent and Eighteenth Street; Provided, however, that within 200 feet outside of the boundary line of the Parkway between Twentieth Street and Fairmount Park the main cornice line of every building, except a church, shall not exceed in height above the street level the width of its facade facing toward the Parkway, or in any event 160 feet, and no other portion of such building shall exceed the height of the cornice line unless the portion or portions above the cornice line shall recede from the plane of each exterior wall face of the building at least as far as such portion extends above such line. No portion of such building within 200 feet outside of the boundary line of the Parkway between Twentieth Street and Fairmount Park, except a church, shall in any case exceed 180 feet in height.

(b) No such building shall be erected or altered nor shall any permit for such erection or alteration be issued until the approval of the Art Commission has been obtained.

(3) Special Height Control District.

(a) No building within the following boundaries shall exceed one hundred twenty-five (125) feet in height:

(.1) The area bounded by the Schuylkill River, John F. Kennedy Boulevard, North 23rd Street, Arch Street, North 22nd Street, Walden Street, North 21st Street, Cuthbert Street, North 18th Street, Vine Street, Franklin Town Boulevard, North 17th Street, Brandywine Street, North 21st Street, Fairmount Avenue, North 22nd Street, and Aspen Street, following a line extending from the center line of Aspen Street west to the Schuylkill River.

(.a) The area bounded by Arch Street, 18th Street, Cuthbert Street, and 19th Street shall not be subject to the provisions of paragraph 14-1611(3)(a)(.1) above.

(.b) The area bounded by Vine Street, 18th Street, the former Wood Street, and Franklin Town Boulevard shall not be subject to the provisions of Section 14-1611(3)(a)(.1) above, solely with respect to any monuments, belfries, cupolas, minarets, pinnacles, gables, spires, or ornamental towers not intended for human occupancy which exceed the 125 feet height restriction; however, such monuments, belfries, cupolas, minarets, pinnacles, gables, spires, or ornamental towers not intended for human occupancy shall not exceed a maximum height of two-hundred and nine (209) feet.

(b) No building with frontage on Spring Garden Street between Pennsylvania Avenue and North 18th Street or on the north side of Spring Garden Street between North 18th Street and North Broad Street shall exceed forty-five (45) feet in height.

(c) Conflicting Regulations. When the provisions of this subsection conflict with other provisions of this Title, the more restrictive provisions shall control.

(4) Signs. No person shall erect or maintain any sign, as defined in § 14-1901, within 200 feet of any boundary line of Benjamin Franklin Parkway between Broad Street and Fairmount Park which is visible from any point within the boundaries of the Parkway unless he has first obtained a permit so to do from the Department of Licenses and Inspections.

(5) No permit to erect or maintain any sign in this area shall be granted unless the sign for which such permit is sought:

(a) complies in every respect with all other applicable requirements of the Code and with the regulations of the Fairmount Park Commission;

(b) has been approved by the Art Commission.

(6) Reserved.

(7) Subject to the provisions of § 14-1611(8), a permit shall be granted for the continued maintenance of any sign lawfully in existence on December 1, 1951 without compliance being required with any of the other provisions of this Section.

(8) Any sign lawfully in existence on the effective date of this Section shall not be repaired, altered or moved in any substantial manner unless it be made to comply with all the requirements of this Section.

Notes

568	Source: 1951 Ordinances, p. 1101; as amended, 1953 Ordinances, p. 732; amended and renumbered, 1991 Ordinances, p. 1334.
569	Amended, 1969 Ordinances, p. 1093.
570	Amended, 1969 Ordinances, p. 1093.
571	Added and subsequent subsections renumbered, Bill No. 060292-A (approved January 23, 2007).
572	Amended, Bill No. 070051 (approved March 28, 2007).
573	Added, Bill No. 080588 (approved December 22, 2008). Bill No. 080588 contains the following, applicable to this provision: "SECTION 4. Sunset provision. (1) This Ordinance shall lapse on January 1, 2011, unless, on or before such date, either: (a) A building permit has been issued pursuant to a Plan of Development approved pursuant to Section 3 hereof; provided, further, that, should such building permit or any zoning permit issued pursuant to an approved Plan of Development expire due to a failure to construct, this Ordinance shall lapse at such time; or (b) The City Planning Commission has granted an extension of up to one (1) year upon a determination by the Commission that the applicant is making substantial progress toward implementation of the approved Plan of Development."
574	Added, Bill No. 100253-A (approved June 16, 2010).
575	Amended, 1973 Ordinances, p. 902; amended, 1979 Ordinances, p. 949; amended, Bill No. 000350 (approved August 11, 2000), effective July 1, 2000.
576	Enrolled bill read "§ 14-1611(7)"; reference changed by Code editor because of renumbering by Bill No. 060292-A (approved January 23, 2007).

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