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(1) Legislative Findings. The Council finds that:
(a) Major public and private investments have been made and continue to be made in and around Fifth street to preserve and protect the economic development potential, and protect and promote the economic vitality of this area of Philadelphia;
(b) The revitalization of Fifth street is important to the economic vitality and diverse character of Philadelphia in that it serves as a shopping area for nearby residents;
(c) It is desirable to maintain the pedestrian friendly atmosphere of this area as future development and redevelopment progresses along Fifth street;
(d) The Zoning Code recognizes that wholesale businesses do not belong in retail areas. Wholesale sales 596 are not permitted under the provisions of the "C-1" and "C-2" Commercial zoning classifications. These zoning classifications are the categories that have been traditionally used to designate the retail areas in older areas of the City;
(e) Despite the fact that existing Zoning Code provisions would not permit wholesale businesses in this area, a number of wholesale establishments currently exist along this stretch of Fifth street;
(f) Wholesale businesses in and out of themselves are not necessarily offensive but when located in a traditionally retail area can have negative impacts on surrounding conforming businesses;
(g) The concentration of these uses causes a deleterious effect on the aesthetics and economics of the areas in which they are located;
(h) Therefore, special land use and zoning controls, providing for the prohibition of certain uses are required to preserve the integrity of this area.
(2) District Boundaries. For the purposes of this Section, the Fifth street Special District Controls shall apply to all properties with frontage on Fifth street between Cheltenham avenue on the north and Wyoming avenue on the south.
(3) Prohibited Uses. Within the area subject to the Fifth street Special District Controls and notwithstanding any other Chapter of this Title, the following uses shall be prohibited:
(a) Wholesale sales.
(4) Variances. The Zoning Board of Adjustment shall not grant variances from the provisions of § 14-1617(3)(a) except where the denial of a variance would effect an unconstitutional taking.
Notes
| 595 | Added, Bill No. 990678 (approved December 31, 1999). |
| 596 | Enrolled Bill No. 990678 read "Wholesales sales". |
(1) Legislative Findings. The Council finds that:
(a) The Logan Square community has historically been a mixed residential, institutional, business and cultural center in the City of Philadelphia;
(b) Major public and private investments have been made and continue to be made to protect and maintain the mixed use nature, economic viability, aesthetics and historic character of this area of the City;
(c) The current provisions of the Zoning Code permit buildings of a height which may be considered as being incompatible with the general character of the area to the north of Arch street;
(d) This area is important to the historic, cultural and commercial vitality of Center City Philadelphia and buildings the height of which is out of character with the remainder of the community could have a negative impact upon this area;
(e) It is in the best interest of the property owners, business operators, residents and the City of Philadelphia that this area continues to prosper;
(f) Therefore, special height controls are needed to promote and protect the viability of this area.
(2) District Boundaries. For the purposes of this Section, the Special Height Controls for Arch Street shall apply to all properties within the area bounded by Arch street, Twenty-third street, Cuthbert street, Twenty-second street, Walden street, Twenty-first street, Cuthbert street and Twentieth street.
(3) Maximum Height. The maximum height of any building or structure within the area subject to the Special Height Controls for Arch Street shall not exceed 185 feet and six inches, excluding appurtenances thereto, in height above the average sidewalk level.
(4) Conflicting Regulations. When the provisions of this Section conflict with other provisions of this Title, the more restrictive provisions shall control.
Notes
| 597 | Added, Bill No. 990496 (approved December 31, 1999). Enrolled bill numbered this as Section 14-1616; renumbered by Code editor. |
(1) Legislative Findings. The Council finds that:
(a) Major public and private investments have been made and continue to be made in and around this area of the City, to preserve and protect the economic development potential, and protect and promote the economic vitality of this area of Philadelphia;
(b) The revitalization of this area of the City is important to the economic vitality and diverse character of Philadelphia in that it serves as a shopping area for nearby residents;
(c) It is desirable to maintain the pedestrian friendly atmosphere of this area as future development and redevelopment progresses;
(d) Within the said area there has been an increased number of certain uses. 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;
(e) This area is important to the 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;
(f) Improved signage will contribute to the overall aesthetics and economics of the area;
(g) Therefore, special land use and zoning controls, providing for the prohibition of certain uses are required to preserve the integrity of this area.
(2) District Boundaries. For the purposes of this Section, the Tacony/Mayfair Special District Controls shall apply to all commercially zoned properties (except as noted in Section (5) below) located within the area bounded by (and including properties fronting on both sides of the bounding streets) Frankford avenue, Harbison avenue, Tacony street, New State road, State road and Ashburner street, as well as all commercially zoned properties with frontage on Cottman avenue between Leon street and Erdrick street.
(3) Prohibited Uses. For all commercially zoned properties with frontage on Frankford avenue between Harbison avenue and Solly avenue, as well as all commercially zoned properties with frontage on Cottman avenue between Leon street and Erdrick street, and notwithstanding any other Chapter of this Title, the following uses shall be prohibited:
(a) Barber and/or beauty shops;
(b) Bars, pubs and taverns;
(c) Consignment shops;
(d) Employment agencies;
(e) Restaurants;
(f) Retail Sales of beauty products and/or wigs;
(g) Retail sales of telecommunications equipment as a main use, including, but not limited to, retail sales of cellular phones and pagers.
(4) Off-street Parking. For all commercially zoned properties with frontage on Frankford avenue between Harbison avenue and Solly avenue, as well as all commercially zoned properties with frontage on Cottman avenue between Leon street and Erdrick street any use that would be erected, constructed, expanded or extended so that it occupies more than 10,000 square feet of gross floor area, notwithstanding any other Chapter of this Title, will be required to provide off-street parking at the ratio of one space per 1,000 square feet of Gross Floor Area. Such parking must be provided in accord with the provisions of Chapter 14-1400 of this Title. Additionally, in the case of lots with frontage on Frankford Avenue, the parking that is provided must be located to the rear of the building with no ingress or egress from Frankford Avenue.
(5) Signs. Within the area subject to the Tacony/Mayfair Special District Controls, signs which have been affixed to or printed on awnings and which are accessory to a permitted use of the property shall be permitted. Such signs shall be permitted notwithstanding signs which may be permitted under the individual zoning designation of the property or which have been authorized by the Zoning Board of Adjustment. Awning signs accessory to the use on the premises shall be permitted in this district only under the following conditions:
(a) Awnings with signage are only permitted on the building facade that houses the main entrance;
(b) The top of the awning sign shall extend no higher than the bottom of the second story of the building face; or 14 feet above the street line, whichever is lower;
(c) Awnings must function as true awnings by being placed 599 over a doorway or window, and not occupy the entire facade of the primary wall upon which the sign is mounted;
(d) The area of copy and logo on awnings shall be limited to forty (40) percent of the awning;
(e) Signs on awnings must be affixed flat to the surface thereof;
(f) Awnings shall not project more than three feet over the sidewalk;
(g) All awnings must be non-illuminated;
(h) All awnings must be fabric or canvas.
(6) Conflicting Regulations. When the provisions of this Section conflict with other provisions of this Title, the provisions of Section 14-1619 shall control.
Notes
| 598 | Added, Bill No. 000014 (approved May 31, 2000); amended, Bill No. 090348 (approved June 24, 2009). |
| 599 | Enrolled bill read "place"; corrected by Code editor. Footnotes 529 through 533 have been deleted. |
(1) Legislative Findings. The Council finds that:
(a) Major public and private investments have been made and continue to be made in this section of the City to preserve and protect the economic development potential, prevent declining property values, encourage investment and tourism, and protect and promote the economic vitality of this area of Philadelphia;
(b) Avenue of the Arts North 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) Avenue of the Arts North is an area consisting of a fragile and unique balance of retail development, educational institutions and cultural institutions surrounded by residential communities within walking distance or a short commute;
(d) It is desirable to maintain the street scale, historical character and pedestrian friendly atmosphere of Avenue of the Arts as future development and redevelopment progresses along Broad street;
(e) 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 this area and to promote and guide future development.
(2) District Boundaries. For the purpose of this Section, the Avenue of the Arts North Special District Controls shall apply to all commercially zoned properties with frontage along Broad Street between John F. Kennedy boulevard and Cambria street.
(3) Prohibited Uses. Within the area subject to the Avenue of the Arts North Special District Controls and notwithstanding any other Chapter of this Title, the following uses shall be prohibited:
(a) Any regulated use as listed under Zoning Code § 14-1605;
(b) Automobile repair shop;
(c) Automobile sales lot, except as part of a franchise new car facility;
(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) Installations of auto, motorcycle or truck parts;
(g) 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;
(h) Retail sale of packaged beverages as a main use and the retail sale of malt beverages for take out as an accessory use;
(i) The following sales, separately or in any combination: automobile parts, truck parts, motorcycles and motorcycle parts.
(4) Height Regulations.
(a) Except in the area bounded by Broad Street, 15th Street, Oxford Street and Cecil B. Moore Avenue, the main cornice line of any newly erected building shall not be less than 25 feet above the average sidewalk level. 601
(5) Building Setback Line.
(a) Except in the area bounded by Broad Street, 15th Street, Oxford Street and Cecil B. Moore Avenue, newly erected buildings shall not be set back from the street line of Broad street. 602
(6) Off-street Parking. In addition to the requirements set forth below, see Chapter 14-1400 of this Title:
(a) Location of Parking. All required parking shall be provided as follows:
(.1) For lots fronting on Broad street, off-street parking shall not be permitted between any building line and the street line of Broad Street;
(.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.
(7) Conflicting Regulations. When the provisions of this Section conflict with other provisions of this Title, the more restrictive provisions shall control.
Notes
| 600 | Added, Bill No. 000717 (approved December 19, 2001). |
| 601 | |
| 602 |
(1) Legislative Findings. The Council finds that:
(a) Major public and private investments have been made and continue to be made in and around Passyunk avenue 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) Substantial private investment within and immediately adjacent to Passyunk avenue includes the restoration, adaptive reuse, and reconstruction of numerous buildings as well as new construction, thereby creating many employment opportunities and new housing units within the area;
(c) Passyunk avenue is important to the economic vitality and diverse character of Philadelphia in that it serves as a major retail destination for a number of neighborhoods;
(d) The Passyunk avenue commercial area is an area consisting of a fragile and unique balance of retail development surrounded by predominantly single-family residential areas within walking distance or a short commute;
(e) 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. For the purposes of this Section, the Passyunk Avenue Special District Controls shall apply to all commercially zoned properties with frontage on Passyunk avenue between Washington avenue and Twenty-fifth street and to all properties located in the East Passyunk Avenue Business Improvement District as delineated in Bill No. 020431 (approved December 17, 2002). 604
(3) Prohibited Uses. Within the area subject to the Passyunk Avenue Special District Controls and notwithstanding any other Chapter of this Title, the following uses shall be prohibited: 605
(a) Athletic and drill hall, night club, 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, except as part of franchise new car facility; automobile and truck rental lots;
(c) Car wash;
(d) Installations of auto, boat, motorcycle or truck parts;
(e) Non-accessory outdoor advertising signs;
(f) Outdoor sales or storage, including outdoor use of coin operated machines that dispense food or drink, but not including open air cafés;
(g) Private clubs;
(h) 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);
(i) 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;
(j) 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.
(k) 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;
(l) 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;
(m) Sale of packaged beverages and/or malt beverages;
(n) Retail sale of variety store merchandise;
(o) Personal service or treatment of patients;
(p) Sales of live poultry, live fish, or live animals for human consumption;
(q) Hand laundry; self-service dry cleaning establishment; self-service laundry and/or dry cleaning pick- up agency;
(r) Amusement arcade;
(s) Any establishment with a license from the Pennsylvania Liquor Control Board for the "after hours" sale of alcoholic beverages;
(t) Fortune teller establishment/palmist;
(u) Tattoo and body piercing establishments;
(v) Pay phone;
(w) 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). 606
(4) Uses prohibited on ground floor. In any building or upon any land abutting East Passyunk Avenue between Federal Street and Broad Street, the following uses shall be prohibited from occupying the ground floor: 607
(a) Blueprinting, duplicating, printing, publishing, photoprocessing, and/or kindred re-production services;
(b) Laboratories for analytical, chemical and research purposes, assay offices;
(c) Repair of household appliances and fixtures, musical instruments, photographic equipment, radio and television equipment, shoes, dental or prosthetic laboratories, and optical lens grinding;
(d) Dry cleaning establishments;
(e) Financial institutions;
(f) Manicure/nail salons;
(g) Retail sale of drugs;
(h) Retail sale of groceries;
(i) Shoe repair.
(5) Prohibition of Building Set-Back. Any building upon any lot abutting Passyunk avenue shall not provide any front, side or rear yard that sets back from the street line of Passyunk avenue. 608
(6) Signs. Signs accessory to the use on the premises shall be permitted in this district only under the following conditions: 609
(a) Lots facing one street line shall be permitted a total sign area of 3 square feet for each lineal foot of street line.
(b) Lots facing more than one street line shall be permitted a total sign area as follows:
(.1) For the shorter street line frontage there shall be permitted a sign area of 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 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 2 or more short and/or 2 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 sub-paragraphs (.1) and (.2) may be cumulated; provided, such use is restricted to one street frontage.
(c) Wall signs parallel to the building face shall be permitted provided that for each building the aggregate square foot coverage shall be limited to a maximum area of one square foot for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projecting bay located on the second story of the building face or fourteen feet above the street line, whichever is lower. In no case shall any sign exceed twenty square feet in area. The copy on such signs shall not be less than six inches high. Internally illuminated box type signs and plastic faced signs shall not be permitted.
(d) One projecting sign shall be permitted for each store front business subject to the prior written approval of the Art Commission. Such sign shall occupy a maximum area of nine square feet per face and the top of such sign shall extend no higher than the window sill or projecting bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. Such signs shall be non-illuminated, and constructed of traditional materials. Plastic faced signs shall be prohibited.
(e) One storefront window sign shall be permitted, provided that it is limited to a maximum area of eight (8) square feet. Such signs shall not be illuminated.
(f) Flashing, animated or roof mounted signs shall not be permitted.
(7) Conflicting Regulations. When the provisions of this Section conflict with other provisions of this Title, more restrictive provisions shall control. 610
Notes
| 603 | Added, Bill No. 010125 (approved February 27, 2002). |
| 604 | Amended, Bill No. 050750 (approved November 10, 2005). |
| 605 | Amended, subsections (k) through (v) added, Bill No. 030657 (became law December 4, 2003). |
| 606 | Added, Bill No. 080649 (approved November 5, 2008). |
| 607 | Added, Bill No. 030657 (became law December 4, 2003). |
| 608 | Renumbered, Bill No. 030657 (became law December 4, 2003). |
| 609 | Renumbered and amended, Bill No. 030657 (became law December 4, 2003). |
| 610 | Renumbered, Bill No. 030657 (became law December 4, 2003). |
(1) Legislative Findings. The Council finds that:
(a) Major public and private investments have been made and continue to be made in this section of the City to preserve and protect the economic development potential, prevent declining property values, encourage investment and tourism, and protect and promote the economic vitality of this area of North Philadelphia;
(b) North Broad Street is important to the economic vitality and diverse character of Philadelphia in that it serves as a shopping, education and health care destination for residents of Philadelphia;
(c) North Broad Street is an area consisting of a fragile and unique balance of retail development, educational institutions and health institutions surrounded by residential communities within walking distance or a short commute;
(d) It is desirable to maintain the street scale, historical character and pedestrian friendly atmosphere of North Broad Street as future development and redevelopment progresses along Broad street;
(e) Therefore, special land use and zoning controls, providing for the prohibition of certain uses, are required to preserve the integrity of this area and to promote and guide future development.
(2) District Boundaries. For the purposes of this Section, the North Broad Street Special District Controls shall apply to all commercially zoned properties with frontage along Broad street between Cambria street and Cheltenham avenue.
(3) Prohibited Uses. Within the area subject to the North Broad Street Special District Controls and notwithstanding any other Chapter of this Title, the following uses shall be prohibited:
(a) Any regulated use as listed under Zoning Code § 14-1605;
(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) Installations of auto, motorcycle or truck parts;
(g) 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;
(h) Retail sale of packaged beverages as a main use and the retail sale of malt beverages for take out as an accessory use;
(i) The following sales, separately or in any combination: automobile parts, truck parts, motorcycles and motorcycle parts.
(4) Height Regulations.
(a) The main cornice line of any newly erected building shall not be less than 25 feet above the average sidewalk level.
(5) Building Setback Line.
(a) Newly erected buildings shall not be set back from the street line of Broad street.
(6) Off-street Parking. In addition to the requirements set forth below, see Chapter 14-1400 of this Title:
(a) Location of Parking. All required parking shall be provided as follows:
(.1) For lots fronting on Broad street, off-street parking shall not be permitted between any building line and the street line of Broad street;
(.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.
(7) Conflicting Regulations. When the provisions of this Section conflict with other provisions of this Title, the more restrictive provisions shall control.
Notes
| 611 | Added, Bill No. 010213 (approved June 14, 2001). |
(1) Legislative Findings. The Council finds that:
(a) Major public and private investments have been made and continue to be made in and around this area of the City to preserve and protect the economic development potential, prevent declining property values, encourage investment, promote residential development 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 this area includes the restoration, adaptive reuse, and reconstruction of numerous structures as well as new construction, thereby creating many employment opportunities and new housing units within the area;
(c) A joint public and private investment effort has created the Frankford Special Services District to provide additional private funds for the maintenance and enhancement of this area;
(d) The Frankford Special Services District is important to the economic vitality and diverse character of Center City Philadelphia in that it serves as a neighborhood shopping destination within walking distance or a short commute of the residential community;
(e) Therefore, special land use and zoning controls are required to protect the commercial, residential and cultural uses which are within and which surround this district and which are critical to the vitality of this section of the City.
(2) District Boundaries. For the purposes of this Section, the Frankford Special Services District Controls shall apply to all commercially zoned properties within the Frankford Special Services District as depicted on the accompanying map.
(3) Prohibited Uses. Within the area subject to the Frankford Special Services District Controls and notwithstanding any other Chapter of this Title, the following uses shall be prohibited:
(a) Any regulated use as listed under Zoning Code § 14-1605;
(b) Automobile repair shop;
(c) Automobile sales, if sales of pre-owned or used automobiles;
(d) Automobile sales lot, if for sales of pre-owned or used automobiles;
(e) Bowling alley;
(f) Car wash;
(g) Fortune teller establishment;
(h) Hand laundry;
(i) Installations of auto, motorcycle or truck parts;
(j) Outdoor sales or storage, including outdoor use of coin operated machines that dispense food or drink;
(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; take-out restaurant;
(l) Retail sale of variety store merchandise;
(m) The following sales, separately or in any combination: automobile parts, truck parts, motorcycles and motorcycle parts.
(4) Uses Prohibited on the Ground Floor. Within the area subject to the Frankford Special Services District Controls, and notwithstanding any other Chapter of this Title, the following uses shall be prohibited from occupying the ground floor:
(a) Central heating plant;
(b) Dwelling units;
(c) Water booster or sewer sub-stations.
(5) Signs. Signs accessory to the permitted use on the premises shall be permitted in the Frankford Special Services District only under the following conditions:
(a) All signs must be attached flat against the wall of the building.
(6) Conflicting Regulations. When the provisions of this Section conflict with other provisions of this Title, the more restrictive provisions shall control.
(7) Sunset Provision. The provision of this Section shall expire on the later of December 31, 2005 or the end of the term of the Frankford Special Services District of Philadelphia ("the Authority"), as such term may be extended by ordinance and amendment to the Articles of Incorporation of the Authority.
Notes
| 612 | Added, Bill No. 010557-A (approved March 20, 2002). |
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