§ 14-1610. Old City Residential Area Special District Controls. 541

   (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; 542

      (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; 543

      (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; 544

      (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; 545

      (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; 546

      (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; 547

      (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; 548

      (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; 549

      (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; 550

      (l)   This 13-block area of Old City supports 91 restaurant and bar establishments, 72 of which are located south of Market Street; 551

      (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; 552

      (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; 553

      (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; 554

      (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; 555

      (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. 556

   (2)   District Boundaries. For the purposes of this Section, the Old City Residential Area Special District regulations shall apply to: 557

      (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; 558

      (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: 559

   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; 560

      (p)   Tattoo and body piercing establishments; 561

      (q)   Palm readers, Tarot Card readers and other related types of so-called psychic personal services; 562

      (r)   Take out restaurant; 563

      (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). 564

   Within the area described in subsection 14-1610(2)(b), the following uses shall be prohibited: 565

      (a)   Cabarets;

      (b)   Dance halls;

      (c)   Entertainment of guests and patrons as a main use;

      (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: 566

      (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. 567 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. 568

   (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. 569

   (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. 570

   (3)   Special Height Control District. 571

      (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. 572

            (.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. 573

            (.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. 574

      (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. 575

   (7)   Subject to the provisions of § 14-1611(8), 576 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).

§ 14-1612. South Street/HeadHouse Square Special Services District Controls. 577

   (1)   Legislative Findings. 578 The Council finds that:

      (a)   Major public and private investments have been made and continue to be made in and around the South Street/HeadHouse Square Special Services District section of the City to enhance visual aesthetics, preserve and protect the economic development potential, prevent declining property values, encourage investment and tourism, promote residential uses in and adjacent to this area of the City, and protect and promote the economic vitality of this area of Philadelphia;

      (b)   Public expenditures have included appropriations for restoration of the historic HeadHouse Square and other historic buildings and features in the area, the replacement of infrastructure, improvement of vehicular access, street and sidewalk improvements;

      (c)   Substantial private investment within and immediately adjacent to South Street/HeadHouse Square Special Services District includes the restoration, adaptive reuse, and reconstruction of numerous historic structures as well as new construction, thereby creating many employment opportunities and new housing units within the area;

      (d)   A joint public and private investment effort has created the South Street/HeadHouse Square Special Services District to provide additional private funds for the maintenance and enhancement of this area;

      (e)   South Street/HeadHouse Square Special Services District is important to the economic vitality and diverse character of Center City Philadelphia in that it serves as a major tourist destination within a short distance of "America's Most Historic Square Mile" with millions of regional, national and international sightseers and visitors per year coming to this area;

      (f)   South Street/HeadHouse Square Special Services District is a neighborhood consisting of a fragile and unique balance of residences and retail development surrounded by predominantly single-family residential areas within walking distance or a short commute of the business core;

      (g)   In addition to special use and zoning controls providing for limitation of the size and location of certain specific entertainment and commercial uses as set forth in the South Street/HeadHouse Square Special Services District, additional controls, provisions and standards are necessary to accommodate certain existing and future larger scale uses within the District that are vital to providing services to residences within and near the District, such as book stores, clothing stores, department stores and food markets, and otherwise permitted as of right under the applicable zoning classification;

      (h)   Since the enactment of the South Street/HeadHouse Square Special Services District Controls it has become apparent that certain technical amendments may be desirable;

      (i)   Therefore, special land use and zoning controls providing for limitation on the size and location of certain specific entertainment and commercial uses, as recommend in the 1988 "Plan for Center City", are required to protect the historic, residential, cultural properties which are within and which surround this district and are critical to the 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 portion of the City known as the South Street/HeadHouse Square Special Services District. It is recognized that this section of the City is unique and has developed into a vital, mixed use district containing many various retail, service and entertainment uses at street level with various residential uses interspersed at street level and on the upper floors of buildings. This pattern contributes to the distinctive atmosphere of South Street/HeadHouse Square Special Services District. Council recognizes the need to establish special land use and zoning controls to protect the investment in, and 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 South Street/Headhouse Square Special Services District regulations shall apply to: 579

      (a)   all the properties within the area depicted on Map "A" and Map "B"; and

      (b)   all properties fronting on Kenilworth Street and Bainbridge Street between 3rd Street and Reese Street; all properties fronting on 4th Street between Bainbridge Street and Christian Street; all properties fronting on 5th Street between Bainbridge Street and Fitzwater Street; and, all properties fronting on the easterly side of Randolph Street between Fitzwater Street and Kenilworth Street.

   (4)   Prohibited Uses. Within the South Street/HeadHouse Square Special Services District and notwithstanding any other Chapter of this Title, the following uses shall be prohibited:

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

      (b)   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; automobile and truck sale lots; automobile and truck rental lots;

      (c)   Car wash;

      (d)   Fortune teller establishment; 580

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

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

      (g)   Non-accessory or outdoor advertising signs;

      (h)   Outdoor sales or storage, including outdoor use of coin operated machines which dispense food or drink;

      (i)   Private clubs with a license from the Pennsylvania Liquor Control Board for the "after hours" sale of alcoholic beverages;

      (j)   Restaurants, take-out 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);

      (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)   Tattoo and body piercing establishments;

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

      (n)   Accessory curb cuts for vehicular ingress and egress along South 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 public attention to the use of the premises.

   (5)   Prohibition of Building Set-Back. Any building upon any lot abutting South Street shall not provide any front, side or rear yard which sets back from the street line of South Street.

   (6)   Signs. Signs accessory to the use on the premises shall be permitted in this district only under the following conditions;

      (a)   All signs must be attached flat against the wall of the building;

      (b)   Lots facing one street line shall be permitted a total sign area of three (3) square feet -- for each lineal foot of street line;

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

         (.1)   For the shorter street line frontage there shall be permitted a sign area of three (3) square feet for each lineal foot of street line;

         (.2)   For the longer street line frontage there shall be permitted a sign area of two (2) 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;

         (.4)   The total of the sign areas permitted in subparagraphs (.1) and (.2) may be cumulated; provided, such use is restricted to one street frontage.

   (7)   Larger Scale Uses on South Street. 581

      (a)   Lots with frontage on South Street that occupy less than 50% of the total area of a block and/or have less than 50% of the street frontage of a block shall comply with all of the coverage and set back requirements of the underlying zoning classification;

      (b)   In order to accommodate larger scale uses, lots with frontage on South Street occupying more than 50% of the total area of the block and having more than 50% of the street frontage shall, notwithstanding any other provisions of this Title, be entitled to occupy 100% of the lot and may have one vehicular access point on South Street for ingress only, to necessary parking, provided:

         (.1)   That all required loading, trash, handling and parking facilities are accommodated within a structure; and

         (.2)   The lot has a second frontage on one of the following streets: Rodman street, Lombard street, Gaskill street, Kater street or Bainbridge street;

      (c)   The provision of an accessory eat-in area in a permitted large scale use for the consumption of food and beverage otherwise available for purchase for consumption off premises shall not be considered to be a restaurant of any type, provided that the food and beverage shall be for sale only during the hours that the main use is open for business.

   (8)   Parking which is accessory to a main use and on the same lot or an abutting lot may exceed 25% of the area of the main use provided such parking is located within a parking garage structure. 582

   (9)   Conflicting Regulations. Notwithstanding subsection (6) of this Section, the specific provisions contained in subsection (7) and (8) of this Section shall control in the event that they conflict with other more restrictive provisions of this Title. 583

 

Notes

577	Added, Bill No. 960264 (approved July 8, 1996), 1996 Ordinances, p. 653; amended, Bill No. 980750 (approved December 6, 1998).
578	Bill No. 980750 (approved December 6, 1998) added subsections (g) and (h) and renumbered existing subsection (g).
579	Amended, Bill No. 030389 (approved July 31, 2003).
580	Enrolled bill omitted subsection (d); following subsections renumbered by Code editor.
581	Added, Bill No. 980750 (approved December 6, 1998).
582	Added, Bill No. 980750 (approved December 6, 1998).
583	Amended and renumbered, Bill No. 980750 (approved December 6, 1998).

§ 14-1613. Germantown Avenue Special District Controls. 584

   (1)   Legislative Findings. The Council finds that:

      (a)   Major private investments have been made and continue to be made along Germantown avenue to prevent declining property values, promote residential uses in and adjacent to this area of the City, and protect and promote the economic vitality of this area of Philadelphia;

      (b)   Substantial private investment within and immediately adjacent to Germantown avenue includes the restoration, adaptive reuse, and reconstruction of numerous historic structures as well as new construction, thereby creating employment opportunities and new housing units within the area;

      (c)   Therefore, special land use and zoning controls are required to protect the existing residential and commercial properties and the character of the neighborhood created and enhanced by such properties which are within and which surround this district and are critical to the vitality of this section of the City.

      (d)   In order to balance the needs of protecting the historical and architectural character of Germantown Avenue and adjacent residential streets, while promoting the economic viability of a critical neighborhood commercial corridor in the City of Philadelphia, special land use and zoning controls are required to allow for mixed use projects along Germantown Avenue of sufficient size and scale to achieve sustainable economic growth while being sympathetic and compatible to the existing historical and architectural fabric under the terms and conditions set forth in this Section 14-1613. 584.1

   (2)   Purpose of the District. This special district is established in order to preserve and protect this area of the City through the enactment of the Germantown Avenue Special District Controls. It is recognized that this section of the City is unique and is a vital, mixed use district containing various residential uses and retail uses interspersed at street level and on the upper floors of buildings. This pattern contributes to the distinctive atmosphere of this area. Council recognizes the need to establish special land use and zoning controls to protect the investment in and foster the preservation and development of this section of the City in accordance with its special character. Council further recognizes the need to encourage the continued vitality and historic preservation of this section of the City and therefore finds it necessary to adopt special building height, width and set-back controls to ensure the continued historic character of this area.

   (3)   District Boundaries. For the purposes of this Section the Germantown Avenue Special District Controls shall apply to all commercially zoned properties (except for properties zoned "C-1" Commercial) with frontage on Germantown avenue between Chestnut Hill avenue and Cresheim Valley road.

   (4)   Bulk and Height Controls.

      (a)   The main cornice line of any newly erected building shall not be less than 25 feet above the average sidewalk level;

      (b)   Limitations on floor area used for commercial purposes:

         (.1)   The maximum amount of net leasable floor area used for commercial purposes in buildings erected after the effective date of this Ordinance shall not exceed 4,000 square feet;

         (.2)   Buildings existing prior to the effective date of this Ordinance which contain 4,000 square feet or more of net leasable floor area used for commercial purposes may continue to be used, maintained, reconstructed or extended as non-conforming structures and/or non-conforming uses as permitted in § 14-104 of this Title;

         (.3)   Existing buildings which contain more than 4,000 square feet of floor area shall be limited in the amount of net leasable floor area used for commercial purposes to the total amount of floor area of the building existing at the time of the enactment of this Ordinance;

         (.4)   Buildings existing prior to the effective date of this Ordinance which contain less than 4,000 square feet of net leasable floor area used for commercial purposes shall be limited in the amount of net leasable floor area used for commercial purposes to 4,000 square feet; and

         (.5)   Nothing in this Section is intended to supersede the requirements of § 14-2007 entitled "Historic Buildings, Structures, Sites, Objects and Districts.

   (5)   Building Set-Back Line.

      (a)   Newly erected buildings shall have no set back from the street line of Germantown avenue.

   (6)   Maximum Building Width.

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

         (.1)   Buildings or portions of buildings with frontage on Germantown avenue shall be constructed so that the total frontage of the building along Germantown avenue and the width of the building at its widest point measured on a line parallel with Germantown avenue does not exceed 30 feet.

   (7)   Off-street Parking. In addition to the requirements set forth below, see Chapter 14-1400 of this Title:

      (a)   For lots fronting on Germantown avenue between Chestnut Hill avenue and Cresheim Valley road, off-street parking shall not be permitted between the building line and the street line.

   (8)   Mixed Use Building Along Germantown Avenue. 584.2

      (a)   Eligible Lots: To be an Eligible Lot for purposes of the special land use and zoning controls set forth in this Paragraph 8, a lot shall:

         (.1)   have continuous street frontage of at least 200 feet along Germantown Avenue between the south side of Evergreen Avenue and the north side of Willow Grove Avenue; and

         (.2)   be at least one and one-half (1.5) acres in area; and

         (.3)   not be listed, or have any buildings or structures listed, as either contributing or significant in the Chestnut Hill Historic District, as listed on the National Register of Historic Places.

      (b)   Eligible Mixed Use Buildings: To be an Eligible Mixed Use Building for purposes of the special land use and zoning controls set forth in this Paragraph 8, a building shall contain both:

         (.1)   a multifamily residential component of at least 10 dwelling units; and

         (.2)   a commercial component (e.g. office, retail or restaurant use) of at least 4,000 square feet of gross floor area.

      (c)   Special Controls for Eligible Mixed Use Buildings on Eligible Lots: Notwithstanding any other provisions of this Title to the contrary, the following special controls are applicable for Eligible Mixed Use Buildings on Eligible Lots:

         (.1)   The Subparagraph 4(b) and Paragraph (6) of this Section 14-1613 shall not be applicable to an Eligible Mixed Use Building located on an Eligible Lot; provided, however, that all other requirements of this Section 14-1613 shall apply;

         (.2)   Accessory private parking lots, including parking spaces, aisles, driveways, walkways and required screening, may be located in rear yard areas; and Section 14-1403(5)(a)(.1) (relating to location of parking in rear of building) shall not apply;

         (.3)   The gross floor area (as defined in Section 14-102(57)) of any building shall not exceed 110% of the area of the lot;

         (.4)   Subject to Section 14-313(1) of this Title, the maximum permitted height for any point on a building within 180 feet of the building line along Germantown Avenue shall be the lesser of (a) 60 feet; or (b) 45 feet + (D times 1.5), where "D" equals the distance from the point on the building to the building line along Germantown Avenue; provided, however, that no Eligible Mixed Use Building contain more than five (5) stories;

         (.5)   Section 14-1403(6)(a)(.3) Screening Along Residential Lot Lines shall not apply to a lot line abutting a property with street frontage on Germantown Avenue;

         (.6)   The sale of food and beverages prepared on premises along with the provision of an accessory eat-in area in a permitted Eligible Mixed Use Building for the consumption of food and beverage otherwise available for purchase for consumption off premises shall not be considered to be a delicatessen or a restaurant of any type, provided that (i) the food and beverages shall be for sale only during the hours that the main use is open for business, and (ii) take-out windows are prohibited; and

         (.7)   When side yards or courts are used, except inner courts and courts between wings of the same building, they shall have a minimum width of three (3) feet.

   (9)   Conflicting Regulations. 584.3 When the provisions of this Section conflict with other provisions of this Title, the provisions of this Section shall control.

 

Notes

584	Added, Bill No. 1190 (approved December 28, 1995), 1995 Ordinances, p. 1335.
584.1	Added, Bill No. 110763-A (approved December 30, 2011).
584.2	Added, Bill No. 110763-A (approved December 30, 2011).
584.3	Renumbered and amended, Bill No. 110763-A (approved December 30, 2011).

§ 14-1614. Cecil B. Moore Avenue Special District Controls. 585

   (1)   Legislative Findings. The Council finds that:

      (a)   Major public and private investments have been made and continue to be made along Cecil B. Moore avenue to prevent declining property values, enhance residential uses in and adjacent to this area of the City, and protect and promote the economic vitality of this area of Philadelphia;

      (b)   Substantial public investment within and immediately adjacent to Cecil B. Moore avenue includes the restoration, adaptive reuse, and reconstruction of numerous structures as well as new construction, thereby creating employment opportunities and new housing units within the area;

      (c)   Temple University has recently begun the construction of a multi-million dollars sports, entertainment and education complex known as "The Apollo of Temple" on Broad street between Cecil B. Moore avenue and Montgomery avenue;

      (d)   Therefore, special land use and zoning controls are required to protect the existing residential and commercial properties which are within and which surround this district and are critical to the vitality of this section of the City.

   (2)   Purpose of the District. This special district is established in order to preserve and protect this area of the City through the enactment of the Cecil B. Moore Special District Controls. It is recognized that this section of the City is unique and is a vital, mixed use district various residential uses and commercial uses. This pattern contributes to the distinctive atmosphere of this area. Council recognizes the need to establish special land use and zoning controls to protect the investment in and 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 Cecil B. Moore Avenue Special District Controls shall apply to all commercially zoned properties with frontage on Cecil B. Moore avenue between Broad street and Eighteenth street.

   (4)   Prohibited Uses. Within the area subject to the Cecil B. Moore Avenue Special District Controls, and notwithstanding any other Chapter of this Title, the following uses shall be prohibited:

      (a)   Automobile repair shop;

      (b)   Automobile service station;

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

      (d)   Retail sale of bakery goods, confectionery goods, fruits, vegetables, groceries, meat and/or seafood where the use exceeds 1,000 square feet of floor area;

      (e)   Retail sales of automobiles, boats, motorcycles and parts;

      (f)   Retail sale of drugs and cosmetics;

      (g)   Retail sale of variety store merchandise;

      (h)   Club houses, lodges and fraternity houses.

   (5)   Uses Prohibited on the Ground Floor. Within the area subject to the Cecil B. Moore Avenue Special District Controls, and notwithstanding any other Chapter of this Title, the following uses shall be prohibited from occupying the ground floor:

      (a)   Business or professional office or agency;

      (b)   Personal service or treatment of patients.

   (6)   Building Set-back Line.

      (a)   Newly erected buildings shall have no set back from the street line of Cecil B. Moore avenue.

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

 

Notes

585	Added, Bill No. 37 (approved April 29, 1996), 1996 Ordinances, p. 439. Enrolled bill erroneously numbered this as Section 14-1613; renumbered by Code editor.

§ 14-1615. Main Street/Manayunk and Venice Island Special District Controls. 586

   (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 Main Street/Manayunk section of the City to preserve and protect the economic development potential, prevent declining property values, encourage investment and tourism, promote residential uses in and adjacent to this area of the City, and protect and promote the economic vitality of this area of Philadelphia;

      (b)   Substantial private investment within and immediately adjacent to the Main Street/Manayunk area includes the restoration, adaptive reuse and reconstruction of numerous structures as well as new construction, creating employment opportunities and new housing units within the area;

      (c)   The Main Street/Manayunk District is important to the economic vitality and diverse character of Philadelphia in that it serves as a tourist destination, as well as a shopping and recreation area for residents of the Philadelphia area;

      (d)   The Main Street/Manayunk District is an area consisting of a fragile and unique balance of residences, restaurants, and other retail development and light industrial 587 businesses surrounded by predominantly single-family residential areas within walking distance or a short commute;

      (e)   The narrow streets in this community, combined with the proximity to the Manayunk Canal and the Schuylkill River, place limitations on the availability of on-street parking;

      (f)   There are severe geographic conditions which place limitations on opportunities to provide off-street parking in this area of the City. The surrounding residential community is densely developed, the southwestern edge of the community is bounded by the Manayunk Canal and the Schuylkill River and the northeastern edge is characterized by a steep slope rising toward Ridge avenue;

      (g)   Experience in Manayunk and other areas of the City has demonstrated that restaurants and other entertainment type uses exhibit a greater need for parking than other retail uses occupying the same amount of floor area. Accordingly, the City has enacted parking requirements based on the legal occupancy of restaurants and other entertainment uses;

      (h)   There are over 30 restaurants and entertainment uses within the Manayunk commercial area between Shurs lane and Leverington street with a legal occupancy of approximately 3,000 people. While promoting the economic vitality of the area, the intensity of restaurant and entertainment uses has generated traffic congestion, parking shortages, increased noise and other public nuisances which negatively impact on the adjacent residential community's quiet enjoyment of their homes and which can negatively affect the long-term economic viability of the commercial area;

      (i)   The resultant parking and traffic problems also pose a legitimate threat to the health, safety and welfare of residents, business owners and patrons by creating difficulties for police, fire, ambulances and rescue squads to maneuver and respond to emergencies;

      (j)   While the area between Shurs lane and the Ridge avenue & Main street intersection has experienced less investment and reuse, recent new construction of a high-intensity entertainment use and a restaurant at the southern end of this area 588 will generate additional traffic and congestion and may also be a catalyst for additional commercial development;

      (k)   This southern section of the Manayunk/Main street district is zoned predominantly light industrial (which allows for a variety of commercial uses), many of the properties are in or border the floodplain, and the area is adjacent to recreational uses;

      (l)   This southern section is characterized by larger buildings which may continue to be occupied with light industrial uses but which are also appropriate for commercial development and/or for development of commercial uses on the ground floors and light industrial uses on upper floors;

      (m)   The southern section also includes a number of sites where off-street parking is already provided or where off-street parking could be provided;

      (n)   It is desirable where feasible to extend the street scale, historical character and pedestrian friendly atmosphere of upper of Main street to the southern section of the Main Street/Manayunk district as development progresses to include this area;

      (o)   It is further desirable to extend the mixed commercial flavor of upper Main street to the southern section of the Main Street/Manayunk district;

      (p)   The Schuylkill River and Manayunk Canal are an important part of the historical fabric of Manayunk. It is desirable to maintain both physical and visual access for pedestrians to the Schuylkill River and Manayunk Canal;

      (q)   The city has implemented legislative and planning measures to preserve and promote the fragile and unique balance of land uses within the Manayunk/Main District including, but not limited to: acquiring land for parking lots; enacting parking requirements for certain new establishments; authorizing the creation of a special services district; and, funding a comprehensive parking and traffic flow study for the area. In addition, the preparation of a new comprehensive land use plan for the area was recently initiated and is in progress;

      (r)   Venice Island is a unique development resource with a significant historical past and a number of environmental constraints. At one time the island was home to intense industrial use. Today, with the exception of the northwesterly one-third of the island, the remainder is used for commercial parking and various recreational uses with several industrial buildings and vacant industrial land;

      (s)   Industrial reuse is unlikely on the lower two-thirds of Venice Island and any future development should be undertaken with recognition of the limited vehicular access available on the island as well as the significant amount of traffic that exists along Main street which parallels the island and which provides access to the island;

      (t)   Future development on Venice Island should only be permitted if it compliments and enhances diverse recreational use of the island and is done in a manner that allows for continuous public access to the Schuylkill River and the Manayunk Canal. Future development should also be done in a manner that protects and enhances the wildlife habitat of the island;

      (u)   Development of Venice Island is further constrained by the fact that the entire island is located within the floodway of the Schuylkill River and is therefore subject to City and Federal flood plain regulations which limit the size and type of construction and the uses that can be placed on the island;

      (v)   Because of this limited access and environmental constraints, future development should be limited to low density residential uses, which will create the least amount of traffic impact on the island, and surrounding streets. This development should be limited to a height and scale which is consistent with the larger Manayunk community and should provide off-street parking at a level that exceeds the minimum requirements of the Zoning Code so as to provide for the needs of all residents and their visitors;

      (w)   A significant residential presence on the island will serve to enhance and protect the recreational use of the remainder of the island by placing 24 hour a day activity on the island;

      (x)   Therefore, special land use and zoning controls, providing for the prohibition of certain uses within certain portions of this area of the City, are required to preserve the integrity of the residential community, promote an economically viable mix of businesses, help guide new development, mitigate development on and near the floodplain, and protect recreational uses.

   (2)   District Boundaries. For purposes of this Section, the Main Street/Manayunk and Venice Island Special District Controls shall apply to:

      (a)   all properties within the area bounded by Shurs lane, the rear property line of the properties fronting on the northeast side of Cresson street, Gay street, the rear property line of the properties fronting on the northeast side of Baker 589 street, Leverington street and the Manayunk Canal; 590

      (b)   all the properties within the area bounded by the SEPTA Norristown Railroad, Shurs lane, the Schuylkill River, and a line described as follows: beginning at a point on easterly side of the Schuylkill River; thence extending from said point of beginning north twenty-nine degrees forty-seven minutes nineteen seconds east, the distance of one hundred five feet three and one half inches to a point, thence extending north sixty degrees twelve minutes forty-one seconds west, the distance of forty-six feet seven and three-quarter inches to a point, thence extending north twenty-nine degrees forty-seven minutes nineteen seconds east, the distance of one hundred forty feet ten inches to a point, thence extending south sixty degrees twelve minutes forty-one seconds east, the distance of ninety-two feet zero inches to a point, thence extending north twenty-nine degrees forty-seven minutes nineteen seconds east, the distance of sixty feet zero inches to a point, thence extending north twenty-nine degrees forty-seven minutes nineteen seconds east, the distance of ninety-two feet zero inches to a point, thence extending north sixty degrees twelve minutes forty-one seconds east, the distance of fifty-seven feet zero inches to a point located on the westerly side of Main street, thence extending north sixty degrees twelve minutes forty-one seconds east and crossing the bed of Main street (sixty feet wide) to a point on the SEPTA Norristown Railroad;

      (c)   All properties located southeast of a line beginning at a point located along the southeasterly side of the Manayunk Canal measuring approximately five hundred forty feet northwest of the northwesterly side of Leverington street thence extending the following bearings and distances: south forty-four degrees twelve minutes fifty seconds east one hundred seven and seven tenths feet and south forty-nine degrees twenty-five minutes fifty seconds west fifty-seven and three-tenths feet to the northeasterly side of Flat Rock road; thence along that side of Flat Rock road approximately eighty-eight feet; thence south fifty-nine degrees seven minutes fifty seconds west to the northeasterly bank of the Schuylkill River; and bounded by the Schuylkill River and the Manayunk Canal.

   (3)   Use Controls. Within the Main Street/ Manayunk and Venice Island District and notwithstanding any other Section of this Title, the following uses, regulations, prohibitions and/or controls shall apply to the following noted areas:

      (a)   For the area described in paragraph (2)(a) above the following uses shall be prohibited: 591

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

         (.2)   Private clubs;

         (.3)   The expansion of existing restaurants;

         (.4)   The expansion of existing take-out 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);

         (.5)   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; and

         (.6)   Tattoo and body piercing establishments.

      (b)   For the area described in paragraph (2)(b) above the following uses shall be prohibited:

         (.1)   Any regulated use as listed under Zoning Code § 14-1605;

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

         (.3)   Automobile repair shop; automobile sales lot; automobile service station; installation of auto, boat, motorcycle or truck parts;

         (.4)   Bath house and indoor swimming pool as a main use;

         (.5)   Bottling and/or distributing of liquids for human consumption;

         (.6)   Central heating plant;

         (.7)   Courtroom or courthouse building;

         (.8)   Delicatessen; restaurant, café or soda and ice cream fountain which dispenses food at retail through a window or aperture which opens onto the sidewalk or public arcade area; restaurant which serves patrons who remain in their automobiles; take-out restaurant; restaurant which exceeds 4,000 square feet in gross floor area;

         (.9)   Motion picture theater; theater; open air motion pictures; open air theater; other open air entertainment; outdoor amusement parks, athletic and sports fields; outdoor swimming pools and day camps;

         (.10)   Night club; private clubs with a license from the Pennsylvania Liquor Control Board for the sale of alcoholic beverages;

         (.11)   Penal and correctional institutions;

         (.12)   Public garage and public parking lots as a main use except when such parking garages and/or parking lots serve uses located within 1,000 feet of the parking garage and/or parking lot;

         (.13)   Radio or television transmission tower but not including satellite dishes or telecommunications antennas;

         (.14)   Dry cleaning establishment; self-service dry cleaning establishment; self-service laundry but not including laundry pick-up agency and/or dry cleaning pick-up agency;

         (.15)   Retail sale of packaged beverages as a main use and/or the retail sale of malt beverages for take out as an accessory use;

         (.16)   Sales of live poultry, live fish, or live animals for human consumption;

         (.17)   Tattoo and body piercing establishments;

         (.18)   The use of outdoor sound systems for entertainment;

         (.19)   Trolley and cab stations, bus terminals, car and bus barns;

         (.20)   Uses customarily accessory and incidental to the uses above;

         (.21)   Uses of the same general character as the uses specified above.

      (c)   For the area described in paragraph (2)(c) above only the following uses shall be permitted:

         (.1)   Attached, semi-detached and detached dwellings;

         (.2)   Group dwellings;

         (.3)   Private dwelling garages as accessory uses;

         (.4)   Any type of recreational or cultural use subject to the use qualifications and/or restrictions of the underlying zoning classification.

   (4)   Facade Controls.

      (a)   No building shall be erected nor any facade altered on any building or land fronting on any street located within the area described in paragraph (2)(b) or (2)(c) above unless plans of the facade have been approved by the Planning Commission. The Planning Commission shall have 60 days to take action, after which its approval shall be presumed;

      (b)   Any building within the area described in paragraph (2)(b) above which is constructed to comply with the requirements of § 14-1606, (Flood Plain Controls), shall be constructed so that a building facade is maintained between the ground level and the first occupied floor along all street lines.

   (5)   Building Set-back Line.

      (a)   Any newly erected building on Main street or Ridge avenue within the area described in paragraph (2)(b) above shall have no set back from the street line.

      (b)   Notwithstanding paragraph (5)(a) above, where a retaining wall already exists, a set back for the purpose of preserving such a wall may be permitted with the approval of the Planning Commission.

      (c)   For the area described in paragraph (2)(c) above the following setback requirements shall apply:

         (.1)   Setback from the Manayunk Canal and the Conrail right-of-way.

            (.a)   All structures less than 25 feet in height above the actual ground level at the base of the structure shall set back from the Conrail right-of-way a distance equal to the height of the structure but in no case less than 10 feet;

            (.b)   All structures 25 feet or more in height above the actual ground level at the base of the structure shall set back from the Manayunk canal no less than 25 feet and from the Conrail right-of-way no less than 10 feet;

            (.c)   All open air parking, loading or driveways shall set back from the Conrail right-of-way no less than 10 feet.

         (.2)   Setback from the Schuylkill River. All lots shall provide an unencumbered set-back a minimum average width of 8 feet but in no case less than 5 feet in width from the top of the bank of the Schuylkill River to allow for unrestricted public access to the river's edge.

   (6)   Riverbank Screening. For all properties located within the area described in paragraph (2)(b) above, a landscaped area shall be maintained along the Schuylkill River frontage between the rear of any building or the edge of any parking lot, loading area or open area as follows:

      (a)   A landscaped area at least 4 feet wide and 2 feet high (or other landscaping or screening approved by the Planning Commission), shall be installed;

      (b)   The landscaped area shall be installed along the entire Schuylkill River frontage;

      (c)   The planting material shall be installed at a size and number to ensure adequate screening from the time the material is installed;

      (d)   The type of plant material shall be selected from a list of types, sizes of species of plants, and numbers of plants that are appropriate to achieve adequate screening and appropriate for the location. This list shall be prepared and maintained by the City Planning Commission, in conjunction with the Fairmount Park Commission;

      (e)   The required screening shall be maintained in a manner to ensure its survival. In the event that any landscaping dies, it shall be replaced at the required ratio;

   (7)   Maximum Building Width.

      (a)   The maximum width of any newly erected building or existing building to which an addition is added which increases the building's frontage along on Main street or Ridge avenue within the area described in paragraph (2)(b) above after the effective date of this Section shall comply with the following building width requirements:

         (.1)   Buildings or portions of buildings (except parking garages) with frontage on the west side of Main street or Ridge avenue within the area described in paragraph (2)(b) above shall be constructed so that the total frontage of the building along the street at its widest point does not exceed 75% of the width of the lot.

   (8)   Height Regulations. 592

      (a)   For the area described in paragraph (2)(a) and (b) above the following height regulations shall apply. The maximum height of a building shall be thirty-five feet above the average ground level at the base of the structure, but in no case over three stories, provided, that the thirty-five feet height restriction shall be applicable to parking garages but the three story restriction shall not be applicable to parking garages, further provided that additions to existing buildings which do not increase the gross floor area of the building by more than 10% may be built to a height (in both feet and stories) not to exceed the existing building, provided that all of the yard, set back, and building width requirements are met;

      (b)   For the area described in paragraph (2)(c) above the maximum height shall be 6 stories and no more than 55 feet above average ground level.

   (9)   Screening, landscaping, lighting. All surface parking lots shall comply with the following provisions:

      (a)   Along the street line of all public streets or along the Conrail right-of-way on Venice Island whether or not a set-back is required, a landscaped area at least four feet wide and two feet high (or other landscaping approved by the Planning Commission) shall be installed along the outward edge of the parking lot. Along the Schuylkill River Frontage of Venice Island the landscaped area shall be in addition to the 5-foot wide unencumbered setback from the river;

      (b)   The landscaped area shall be installed along the entire street frontage of all streets or Conrail right-of- way frontage, except where walkways and driveways connect to the public street;

      (c)   Within any parking lot having more than twenty-five parking spaces, an additional area shall be provided for the installation and maintenance of landscaping. The total landscaping shall not be less than 10% of the area of the parking lot, including all spaces, aisles and driveways, but excluding all walkways and screening required elsewhere herein;

      (d)   The planting material shall be installed at a size and number to ensure adequate screening from the time the material is installed;

      (e)   The type of plant material shall be selected from a list of types, sizes of species of plants, and numbers of plants that are appropriate to achieve adequate screening and appropriate for the location of the parking facility; provided, that on Venice Island the plant material shall be of species of plants indigenous to the island and/or the Schuylkill River bank. This list shall be prepared and maintained by the City Planning Commission, in conjunction with the Fairmount Park Commission;

      (f)   The landscaped area may be located within any required set-back or rear yard;

      (g)   The required screening shall be maintained in a manner to ensure its survival. In the event that any landscaping dies, it shall be replaced at the required ratio;

      (h)   Where any individual zoning district contains screening requirements which exceed the requirements contained herein, the requirements of the individual zoning district shall take precedent;

      (i)   All parking lots shall include lighting which shall illuminate the entire parking lot and walkways with an overall minimum average level of illumination of not less than 2 horizontal foot candles;

      (j)   The illumination shall be maintained throughout non-business hours with an overall minimum average level of illumination of not less than 0.3 horizontal foot candles;

      (k)   The illumination shall be focused upon the lot so as to prevent glare upon the surrounding areas.

   (10)   Signs. For the area described in paragraph (2)(c) above, signs shall be permitted only as permitted under the individual zoning classification of the lot. For the area described in paragraph 2(a) and (b) above, signs shall be permitted in this district only under the following conditions:

      (a)   Signs shall pertain to the permitted use of the building;

      (b)   Signs shall not be erected nor project above the roof line or wall coping;

      (c)   Signs shall be permitted at a ratio of two square feet per lineal foot of street frontage for buildings of three stories or less in height and 3 square feet of sign area per lineal foot of street frontage for buildings in excess of three stories, further provided such signs shall not extend above the bottom of the third floor of the building on which they are located subject to any exceptions or limitations imposed below:

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

            (.a)   Flat wall signs;

            (.b)   Projecting signs, provided that such signs shall not project:

               (i)   more than six inches when the lowest part thereof is less than seven feet above the sidewalk;

               (ii)   more than two feet when such part of the sign is between seven feet and ten feet above the sidewalk;

               (iii)   more than  the width of the sidewalk over which such sign projects to a maximum of ten feet, when such part of the sign is more than ten feet above the sidewalk;

      (d)   Signs may be illuminated; provided, the illumination shall be focused upon the sign itself, so as to prevent glare upon the surrounding areas;

      (e)   Internally illuminated signs (except for neon tubing and individual letters affixed to the building or in the windows of the building) shall be prohibited;

      (f)   Signs with flashing or intermittent illumination shall be prohibited;

      (g)   Signs which revolve shall be prohibited.

   (11)   Riverfront Public Access Trail. Within the setback from the top of the bank of the Schuylkill River required in (5)(c)(.2), all newly erected buildings shall provide a public access trail for the entire river frontage of the lot. This trail shall be constructed in accordance with standards adopted pursuant to this Ordinance by the Planning Commission in conjunction with the Fairmount Park Commission. Upon completion of construction, the trail shall be dedicated to the City who shall be responsible for its ownership and maintenance as a public pedestrian right-of-way.

   (12)   Parking on Venice Island. In order to assure an adequate number of off-street parking for newly erected dwelling units and dwelling units created by the conversion of existing buildings the following parking requirements shall apply for the area described in paragraph 2(c) above:

      (a)   For every dwelling unit created after the effective date of this Section there shall be provided one off- street parking space in accordance with the following schedule:

         (.1)   For each efficiency or one-bed room unit 1 space;

         (.2)   For each additional bedroom 1 space per bedroom;

      (b)   Notwithstanding any other provisions of this Title this off-street parking requirement shall apply to all new and existing buildings regardless of the date of construction of the building;

      (c)   Off-street parking shall be provided in accordance with Chapter 14-1400 of this Title.

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

 

Notes

586	Added, Bill No. 960848-A (approved March 19, 1997); amended, Bill No. 970398 (approved July 1, 1997); amended, Bill No. 990760 (approved December 31, 1999).
587	Enrolled bill read "indusrial". Bill No. 960848-A (approved March 19, 1997).
588	Enrolled bill read "aea". Bill No. 960848-A (approved March 19, 1997).
589	Enrolled bill read "Bake". Bill No. 020095 (approved April 3, 2002).
590	Amended, Bill No. 020095 (approved April 3, 2002).
591	Amended, Bill No. 020095 (approved April 3, 2002).
592	Enrolled bill numbered subsections as (8)(.1) and (8)(.2); renumbered as (8)(a) and (8)(b) by Code editor.

§ 14-1616. East Falls Special District Controls. 593

   (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 East Falls section of the City to preserve and protect the economic development potential, prevent declining property values, encourage investment and tourism, promote residential uses in and adjacent to this area of the City, and protect and promote the economic vitality of this area of Philadelphia;

      (b)   The revitalization of the East Falls Commercial District is important to the economic vitality and diverse character of Philadelphia in that it serves as a shopping and recreation area for residents of Philadelphia;

      (c)   The East Falls Commercial District is an area consisting of a fragile and unique balance of retail development surrounded by a predominantly single-family residential area within walking distance or a short commute;

      (d)   The narrow streets in this community, combined with the proximity of Kelly drive and the Schuylkill River, place limitations on the availability of on-street parking;

      (e)   There are certain geographic conditions that place limitations on opportunities to provide off-street parking in this area of the City. The surrounding residential community is densely developed, the southwestern edge of the community is bounded by the Schuylkill River and a slope rising toward Henry avenue characterizes the northeastern edge;

      (f)   It is desirable to maintain the street scale, historical character and pedestrian friendly atmosphere of Ridge avenue as future development and redevelopment progresses along Ridge avenue and Midvale avenue;

      (g)   It is further desirable to extend and reinforce the commercial flavor of the district, which currently exists near the intersection of Ridge avenue and Midvale avenue to the east and to the west along Ridge avenue;

      (h)   Therefore, special land use and zoning controls, providing for the prohibition of certain uses and the institution of certain development controls, are required to preserve the integrity of the residential community and to promote and help guide appropriate commercial development.

   (2)   District Boundaries. 594 For the purposes of this Section, the East Falls Special District Controls shall apply to all commercially zoned properties within an area bounded by Weightman street, Ridge avenue, a line approximately seventy-seven feet northwest of Calumet street, Cresson street, Calumet street, Conrad street, Midvale avenue, Cresson street, Indian Queen lane, Krail street, the Roosevelt Boulevard Extension and the Schuylkill River as well as all commercially zoned properties with frontage on Ridge avenue between the Roosevelt Boulevard Extension and Scotts lane.

   (3)   Prohibited Uses. Within the area subject to the East Falls Special District Controls and notwithstanding any other Chapter of this Title, the following uses shall be prohibited:

      (a)   Athletic drill hall; dance hall; theater; motion picture theater; and other entertainment of guests and patrons as a principal use;

      (b)   Automobile repair shop;

      (c)   Automobile sales lot;

      (d)   Automobile service station for the retail sale of automobile fuels, lubricants, radiator fluids and accessories, and for the performance indoors of incidental service and minor repairs to automobiles, incidental car washing indoors;

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

      (f)   Central heating plant;

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

      (h)   Outdoor amusement parks;

      (i)   Penal and correctional institutions;

      (j)   Radio or television transmission tower;

      (k)   Restaurant which serves patrons who remain in their automobiles; restaurant, café or soda and ice cream fountain which dispenses food at retail through a window or aperture which opens onto the sidewalk or public arcade area;

      (l)   Retail sale of packaged beverages as a main use and the retail sale of malt beverages for take out as an accessory use;

      (m)   Sales of live poultry, live fish, or live animals for human consumption;

      (n)   The following sales, separately or in any combination: automobiles and parts, motorcycles; boats and farm equipment;

      (o)   Trolley and cab stations, bus terminals, car and bus barns;

      (p)   Water booster or sewer sub-stations; telephone exchange buildings; railroad passenger stations; electric transforming or gas regulating sub-stations.

   (4)   The following retail sales, separately or in any combination, shall not exceed 1,500 square feet in gross floor area:

      (a)   Electric appliances;

      (b)   Floor coverings;

      (c)   Furniture;

      (d)   Garden supplies;

      (e)   Hardware;

      (f)   Household appliances;

      (g)   Office equipment and supplies;

      (h)   Radio and television sets and parts.

   (5)   Height Regulations.

      (a)   The main cornice line of any newly erected building shall not be less than 25 feet above the average sidewalk level.

   (6)   Building Setback Line.

      (a)   Newly erected buildings shall not be set back from the street line of Ridge avenue and/or Midvale avenue;

      (b)   For lots located west of Calumet street with Ridge avenue frontage which also have a secondary frontage on Kelly drive, or lots with Kelly drive frontage, all newly erected buildings shall provide a minimum 25 feet setback from the street line of Kelly drive. Such setback shall provide a landscaped area as follows:

         (.1)   A landscaped berm at least 18 feet deep and 3 feet in height;

         (.2)   The landscaped area shall be installed along the entire Kelly drive frontage;

         (.3)   The planting material shall be installed at the top of the berm and shall be at least 3 feet tall at the time of installation and shall be planted with no less than 6 feet between the centers of plantings;

         (.4)   The type of plant material shall be selected from a list of types, sizes of species of plants, and number of plants that are appropriate to achieve adequate screening and appropriate for the location. This list shall be prepared and maintained by the City Planning Commission, in conjunction with the Fairmount Park Commission;

         (.5)   The required screening shall be maintained in a manner to ensure its survival. In the event that any landscaping dies, it shall be replaced at the required ratio.

   (7)   Maximum Building Width.

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

         (.1)   Buildings or portions of buildings with frontage on Ridge avenue and/or Midvale avenue shall be constructed so that the total frontage of the building along Ridge avenue and/or Midvale avenue and the width of the building at its widest point measured on a line parallel with Ridge avenue and/or Midvale avenue does not exceed 100 feet, provided, that buildings with frontage on both Ridge avenue and Midvale avenue shall be constructed so that the total frontage of the building along each street and the width of the building at its widest point measured on a line parallel with Ridge avenue and Midvale avenue does not exceed 100 feet.

   (8)   Off-street Parking. In addition to the requirements set forth below, see Chapter 14-400 of this Title:

      (a)   There shall be provided on the same lot, at the time of the erection of any new building or structure, or for the extension of any building or structure, off-street parking spaces in accordance with the following requirements:

         (.1)   For uses other than restaurants, the number of parking spaces shall be provided in accordance with the following schedule:

 

Building's Gross Floor Area	Spaces required per 1,000 square feet of gross floor area
Up to 2,999 square feet	0
3,000 square feet and over	4

 

         (.2)   The number of required parking spaces for any 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:

            (.a)   Restaurants. One space for every 4 persons.

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

         (.1)   For lots fronting Ridge avenue and/or Midvale avenue, off-street parking shall not be permitted between any building line and the street line;

         (.2)   All required parking shall be located either on the same lot 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 provided a Zoning Board of Adjustment Special Use Permit is obtained.

      (c)   Curb Cuts.

         (.1)   All curb cuts on Kelly drive shall be prohibited;

         (.2)   Permitted curb cuts shall be limited to 1 curb cut for every 100 lineal feet of lot frontage with a maximum width of 20 feet for any curb cut.

   (9)   Trash Storage/Venting.

      (a)   Every building shall provide off-street trash storage in accordance with the following requirements:

         (.1)   All trash and garbage storage and/or disposal shall be provided within the building or within a completely enclosed trash storage area located on the same lot as the building it serves. This trash storage and disposal may include, but is not limited to, the use of garbage disposals, refrigerated trash storage and trash compactors.

      (b)   Every restaurant shall provide venting in accordance with the following requirements:

         (.1)   All cooking and other exhaust fumes shall be properly vented through the roof of the building.

   (10)   Signs. Signs shall be permitted in this district only under the following conditions:

      (a)   Signs shall be accessory to the permitted use of the building;

      (b)   Signs shall not be erected or project above the roof lines or wall coping;

      (c)   Signs may be illuminated; provided, the illumination shall be focused upon the sign itself, so as to prevent glare upon the surrounding areas;

      (d)   Signs shall be permitted at a ratio of 3 square feet per lineal foot of street frontage, subject to any exceptions or limitations imposed below;

      (e)   Internally illuminated signs shall be limited to neon tubing, individual letters affixed to the building or in the windows of the building, or internally illuminated signs with an opaque background;

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

            (.a)   Flat wall signs;

            (.b)   Projecting signs, provided that such signs not exceed one projecting sign per lot; further provided that such signs are limited to 9 square feet per face;

            (.c)   Free standing signs shall be permitted, provided that such signs not exceed a maximum of 6 feet in height and further provided that such free standing signs are attached directly to the ground and are not supported by any columns, poles or uprights. Free standing signs shall be located in a landscaped area the least dimension of which shall be no less than 6 feet and the size of which shall be no less than twice the area of the face(s) of the free standing sign;

      (f)   Signs with flashing or intermittent illumination shall be prohibited;

      (g)   Signs that revolve or are mechanically moved shall be prohibited.

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

 

Notes

593	Added, Bill No. 990642 (approved December 21, 1999).
594	Amended, Bill No. 000679 (approved January 23, 2001).