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(1) Purpose of the District.
(a) The special district is established in order to preserve and protect this area of the city through the enactment of Overbrook Farms Transit-Oriented Center District Controls. It is recognized that this section of the city, located primarily within the Overbrook Farms National Historic District, is a unique mixed-use, transit- and neighborhood-oriented retail district containing residential uses and retail uses interspersed at street level, and upper floor residential uses. There is a need to establish special sign and building controls to protect the unique character of the district, foster the preservation of buildings in accordance with its special character, and encourage new compatible development.
(2) District Boundaries. The provisions of this Section, known as the Overbrook Farms Transit-Oriented Center Special District Controls, shall apply to all properties within the area designated on Map "1", unless otherwise indicated.
(3) Prohibited Uses. Notwithstanding any other Chapter of this Title, the following uses shall be prohibited:
(a) Automobile repair shop;
(b) Automobile service station;
(c) Fortune teller establishment/palmist;
(d) Installation of auto, boat, motorcycle, or truck parts;
(e) Regulated uses as defined in § 14-1605;
(f) Restaurants, cafes, or other similar establishments for the sale or consumption of food and beverages, with drive-in service;
(g) Retail sales of automobiles, boats, motorcycles or parts;
(h) Retail sale of packaged beverages as a main use;
(i) Retail sales of products or food through a window or aperture which opens onto the sidewalk.
(4) Permitted Uses. On parcels zoned R-5 Residential that front 63rd Street, in addition to the uses permitted in the underlying zoning classification, office commercial uses, including professional and business offices and financial institutions, shall be permitted.
(5) Design Standards.
(a) The provisions of this subsection (5) shall apply to all properties as set forth in subsection (2) except properties fronting on City Avenue between Drexel Road and Overbrook Avenue.
(b) No building shall be erected, no building permit shall be issued, and no facade shall be altered on any building unless a certificate of compliance is first issued by the Planning Commission. The Planning Commission shall issue a certificate of compliance if, based on a review of such plans and materials as the Commission shall require, the proposed alterations are in conformance with the Building Design Standards set forth in subsection (c). The Planning Commission shall have 60 days to approve or refuse a certificate of compliance, after which its approval shall be presumed. The issuance or denial of a certificate of compliance shall be appealable to the Board of Licenses and Inspection Review in the same manner as the issuance or denial of a building permit.
(c) Building Standards.
(.1) Original materials, including storefronts, windows, walls, cornices, bays, and roofs of buildings, shall be repaired or replaced with matching materials or details.
(.2) The design of new buildings shall be consistent with the character defining features of the Overbrook Farms National Historic District, in terms of massing, vertical and horizontal articulation, proportion of window openings to wall area, and building materials.
(d) Property Maintenance Requirements. No property owner shall allow any exposed architectural elements or appurtenances to exhibit any "substantial conditions" of deterioration, including peeling paint, rotting wood, rusted metal, accumulated grime, or bent, broken or distorted surfaces. "Substantial conditions" shall be considered 20% or more of the surface area.
(6) Signs.
(a) Signs uses shall be permitted in the district only on properties containing the additional permitted uses identified in subsection (4) and only under the following conditions:
(.1) Non-accessory outdoor advertising signs are prohibited;
(.2) Signs shall not be erected nor project above the roof line or wall coping;
(.3) Signs shall be permitted at a ratio of one (1) square foot, per lineal foot of street frontage. For corner buildings with one side on 63rd Street, building frontage for calculation of sign area is that facing 63rd Street;
(.4) Only the following types of signs shall be permitted. A total of only three (3) signs shall be permitted for each property, from the following:
(.a) One flat wall sign per street front. The top of such sign shall extend no higher than the bottom of the window sill, or bottom of projecting bay located at the second story of the building, or fourteen feet above the street line, whichever is lowest. No sign shall obscure or extend across a glazed transom or other window opening. In no case shall any sign exceed 40 square feet in area. The copy of such signs shall not be less than six inches (6") in height;
(.b) One projecting sign, provided that it is limited to a maximum surface area of twelve (12) square feet per face, and the top of such sign shall extend no higher than the bottom of the window sill or projected bay located on the second story of the building facade, or fourteen feet above the sidewalk, whichever is lowest. The bottom of the sign shall be no lower than eight (8) feet above the sidewalk. The copy of such sign shall not be less than six inches (6") in height;
(.c) One storefront window sign provided that it is limited to a maximum area of 10% of the window area. Such sign shall be limited to individual letters or numerals on the window glass itself. Poster signs are prohibited;
(.d) Awning/canopy sign: One awning sign per street front, as an alternative to a flat wall sign. The bottom of any awning or canopy shall be at least 8 feet above grade or sidewalk. The sign copy shall be limited to the front plane of the canopy. The top of the awning or canopy may not extend above the sill line of the second floor windows, or 14 feet above grade. Backlit awnings are not permitted;
(.5) Signs may be externally illuminated; provided the illumination shall be focused upon the sign itself, so as to prevent glare upon surrounding areas;
(.6) Box type internally illuminated signs (except for backlit "halo" signs, neon tubing and individual letters affixed to the building or windows of the building) shall be prohibited;
(.7) All signs, including support hardware, shall be removed at the end of their useful life as defined in Section 14-2009(2)(c) of The Philadelphia Code;
(.8) Workmanship of Signs shall be in conformance with Section 14-2009(5)(c) of The Philadelphia Code;
(.9) Lawful pre-existing non-conforming signs shall not be repaired, altered or moved in any substantial manner, and shall be removed at the termination of their useful life.
(7) Conflicting Regulations. Where the requirements of this Section are in conflict with the underlying zoning requirements, the requirements of this Section shall apply.
Notes
| 640 | Added, Bill No. 090071 (approved December 1, 2009). Enrolled bill numbered this as Section 14-1637; renumbered by Code editor. |
(1) Legislative Findings. The Council finds that:
(a) Certain areas of the City are natural and scenic and should be preserved for the benefits they provide to residents, visitors and wildlife;
(b) One such area, located in Roxborough, is the rarest wildlife habitat in the City and connects over one thousand acres, largely comprised of fragile grasslands, that provide a vital wildlife corridor in the Schuylkill Valley;
(c) The property provides precious open space for migratory songbirds such as the meadowlark, bobolink and savannah sparrow;
(d) Geologically, it is underlaid with a serpentine rock formation, a rare feature that hosts unique plant life;
(e) The property is an intensive green environment benefitting thousands of people, including the five hundred fifty students of W.B. Saul School of Agricultural Sciences who use it for the school's livestock program;
(f) It is located between three parcels of land that have been placed under a conservation easement and is the keystone piece of a larger ecologically sensitive area;
(g) The five hundred plus garden plots currently located on the property have damaged the ecological integrity of the area with invasive plant species, animal pests and storm water run-off;
(h) Further development of the property would have a devastating effect upon the environmental integrity of the area;
(i) Therefore, special land use and zoning controls are necessary to protect the environmental and ecological balance of the area.
(2) District Boundaries. For the purposes of this Section, the boundaries of the Roxborough Environmental Control District shall include the following:
(a) The entire land area identified as Parcel 1 in Bill No. 263 (approved December 31, 1984).
(3) District Controls. Within the area of the Roxborough Environmental Control District and notwithstanding any other Chapter of this Title, the following shall be prohibited:
(a) Commercial uses, including but not limited to commercial farming, with the exception of commercial farming on plots within the footprint of the existing community gardens, the boundaries of which are approximately located along the Philadelphia - Montgomery County Line beginning at Hagy's Mill Road and which are more precisely depicted on Map "A", attached as an Exhibit to the Ordinance enacting this Section.
(b) Any increase in the size of the community gardens beyond the existing boundaries of such gardens as set forth in subsection (3)(a);
(c) Any use other than haying, wildlife preservation, or, within the area depicted on Map "A", community gardens.
(4) Conflicting Regulations. When the provisions of this Section conflict with other provisions of this Title, the provisions of this Section shall control.
Notes
| 641 | Added, Bill No. 100498 (approved November 10, 2010). |
(1) District Boundaries. For the purposes of this Section, the Fox Chase Environmental Control District shall include the approximately 34.8 acre area of the City known generally as Fox Chase Farm, and more particularly described in the Sublease Agreement dated November 1, 1999, between the Fairmount Park Historic Preservation Trust and the School District of Philadelphia.
(2) District Controls. Within the area of the Fox Chase Environmental Control District and notwithstanding any other Chapter of this Title, only the following uses shall be permitted:
(a) Educational uses, including but not limited to non-commercial agricultural activities for educational purposes; educational programs relating to horticultural, agricultural, environmental and historical studies; and programs coordinated by the School District of Philadelphia or the Department of Parks and Recreation.
(3) Conflicting Regulations. When the provisions of this Section conflict with other provisions of this Title, the provisions of this Section shall control.
Notes
| 642 | Added, Bill No. 100721 (approved January 5, 2011). |
(1) Legislative Findings. The council finds that:
(a) Major public and private investments have been made and continue to be made in and around Roxborough's Ridge Avenue section of the City to preserve and protect the economic development potential, prevent declining property values, encourage investment and commerce, 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) It is desirable to maintain the street scale, historical character, and pedestrian-friendly atmosphere of Ridge Avenue and to encourage future development and redevelopment that does not compromise these desirable qualities. Ridge Avenue in Roxborough is easily accessible by public transportation, making it a viable candidate for residential development targeting those working in Center City Philadelphia, Manayunk, and Conshohocken.
(c) The revitalization of Roxborough's Ridge Avenue is important to the economic vitality and diverse character of a stable, walkable Philadelphia neighborhood in that it (Ridge Avenue) serves as a shopping and recreation area for City residents.
(d) As Ridge Avenue businesses responded to changing needs of the residents and trends of retail developments, the larger scale and service needs created dead spaces, utility yards and loading areas abutting residential areas. Provisions are needed to improve the appearance and safety of these spaces.
(e) Lack of controls, the desire to "modernize" structures in decades past, and the efforts of private landowners to expand rentable square footage – to orient shopping centers towards the automobile rather than the pedestrian – has resulted in irreparable damage to some noteworthy buildings along the corridor. The past trend has turned a number of nearby blocks along the corridor into parking lots to the detriment of the attractiveness of the character of the corridor as a pedestrian-oriented retailing environment.
(f) The design, size, number, and placement of business identity signs is an important aspect of competitive retailing environments. Retailers need to be allowed and encouraged to present their business at a variety of scales. Excessively large, monolithic signs are detrimental to the overall retailing environment.
(g) Therefore, special land use and zoning controls, providing for prohibition of certain uses and the institution of certain development controls, are required to preserve the integrity of the residential community and to help guide appropriate commercial development.
(2) District Boundaries. Unless otherwise specified, the provisions of this Section shall apply to all properties zoned "C-2" Commercial fronting on Ridge Avenue between Hermitage Street and Monastery Avenue.
(3) Use Controls.
(a) The following uses shall be prohibited:
(.1) Automobile repair shops;
(.2) Car washes;
(.3) Gas stations;
(.4) Sales & rental of motorized vehicles;
(.5) Temporary employment agencies;
(.6) Towing services;
(.7) Warehouse or self-storage facilities;
(.8) Wholesale showrooms.
(b) It is recognized that buildings can enhance the public pedestrian usage of the sidewalks by providing an interesting, lively and active presence at street level. Therefore, only active space shall be located on the Ridge Avenue ground floor frontage of any building in the subject area. Active space refers to establishments that encourage pedestrian interaction and cater to walk-in transactions. Therefore, the following uses shall be prohibited on the ground floor of any building:
(.1) Business or professional office or agency;
(.2) Funeral parlors, including the sale of mortician's goods;
(.3) Laboratories (analytical, chemical, and research) and assay offices;
(.4) Personal service or treatment of patients;
(.5) School, radio or television studio;
(.6) Water booster or sewer substations, telephone exchange buildings, railroad passenger stations, electric transforming or gas regulating substations.
(c) The following uses shall be prohibited on the upper floors of any building:
(.1) Retail sales, except if occupied by the same operator as an extension of the ground floor business.
(4) Area Standards and Specifications.
(a) Area and Bulk Specifications.
(.1) Lot Occupation.
(.a) The maximum amount of net leasable ground floor area used for commercial purposes in buildings erected after the effective date of this Ordinance shall not exceed 8,000 square feet.
(.2) Building Height.
(.a) To top of Cornice. The main cornice line of any building shall not be less than 25 feet or more than 45 feet above the average sidewalk level.
(.b) Roof garden structures. The height of a roof garden structure, elevator or stair head house, or other small room that does not exceed 20% of the roof area and is less that 150 square feet in floor area, shall not be included in the measure of maximum building height, nor, for the purposes of zoning, shall it be considered a floor, so long as it is set back at least eight feet (8') from the edge or parapet.
(.3) Screening.
(.a) Where a property abuts a Residential District, the development of any portion of such property abutting the residential district shall include adequate screening along the boundary line between districts, consisting of dense vegetative planting with trees and/or shrubs that shall be equally effective in winter and summer or a solid fence, at least six feet in height above mean curb level.
(.4) Building Setback. Buildings shall be set back no more than five feet from the property line on Ridge Avenue. On corner lots, the side elevations shall be set back no more than five feet from the property line along any street intersecting Ridge Avenue. This applies to the first thirty feet of frontage on any street intersecting Ridge Avenue.
(5) Facade Controls.
(a) No building shall be erected nor any facade substantially altered unless plans of the facade have been approved by the Planning Commission. The Planning Commission shall have 60 days to approve, disapprove or table a request for approval, after which its approval shall be presumed. For purposes of this subsection, "substantially altered" shall mean any repairs, modifications or reconstruction where the cost of such work exceeds fifty percent (50%) of the market value of the structure before such work commences.
(b) The Planning Commission shall approve facade plans under this subsection if it finds compliance with all of the following:
(.1) At least 70% of ground floor building facades shall be clear glass. Reflective, frosted or tinted glass does not count towards this percentage.
(.2) The sill height for first floor windows on Ridge Avenue shall be no more than 2'-6" above the ground floor level.
(.3) Public entrance doors should be at least 50% glazed or transparent when fronting on a public right-of-way. In the case of corner lots, this applies to any side fronting a public right-of-way.
(6) Sign Controls.
(a) General Sign Standards.
(.1) Workmanship of signs. Fabrication of signs and sign copy shall be completed in a neat and workmanlike manner. For the purposes of this subsection, "neat and workmanlike manner" shall mean that lettering and other graphic information shall be neatly- and evenly-formed, surfaces shall be true and properly prepared and finished and joints shall be neatly formed.
(.2) Only business signs relating to current building use shall be permitted.
(.3) Non-accessory signs shall be prohibited.
(.4) Projecting signs shall be permitted subject to prior written approval of the Art Commission.
(b) Sign Types Not Permitted.
(.1) Internally-illuminated box signs.
(.2) Internally-illuminated awning signs.
(.3) Freestanding pole signs and monument signs.
(.4) Signs mounted to rooftops or that project above the main cornice line.
(.5) Signs with flashing or intermittent illumination.
(.6) Signs with digital electronic messages.
(c) Sign Types Permitted.
(.1) Wall signs consisting of a single panel or consisting of individual letterforms mounted onto the face of a building or a supporting framework. The individual letterforms may be internally-illuminated.
(.a) One wall sign is permitted for each ground floor business address.
(.b) Corner properties are permitted one wall sign for each building face facing a public street.
(.2) Projecting Signs.
(.a) One projecting sign is permitted for each ground floor business address.
(.b) Corner properties are permitted one projecting sign for each building face facing a public street.
(.3) Awnings and Awning Signs.
(.a) Letterform and logo images are permitted only on sloped surface or on the vertical front panel of an awning.
(.4) Window signs consisting of letterforms or logo art applied to the interior surface of the glass shopfront or entry door.
(.a) Neon signs consisting of letterforms or logo art are permitted behind windows.
(.b) Second floor businesses are permitted one window sign.
(.5) Temporary signs such as "grand opening" promotional signs, provided that they are removed after a period of not longer than 14 days.
(.6) Merchandise signs, which advertise specific brands or products sold.
(.a) Any number of merchandise signs is permitted. See (d)(.6)(.a) below for total permitted sign area maximum.
(d) Sign Regulations.
(.1) Wall Signs.
(.a) Dimensions. The area of a wall sign shall not exceed 1.5 sq. ft. per linear foot of street frontage, with a maximum area of 40 sq. ft. Letters shall not be taller than 18 inches in height, and not shorter than 8 inches in height. Wall signs shall not protrude more than 10 inches from the building face.
(.2) Projecting Signs.
(.a) Dimensions. Projecting signs shall not project more than 3 feet from the face of the building. The vertical dimension of projecting signs on a single story building shall not exceed 4 feet. The vertical dimension of projecting signs on multi-story buildings shall not exceed 8 feet.
(.b) Placement. The top of any projecting sign shall not be higher than the main cornice line. The lowest part of any projecting sign shall be at least 9 feet above the sidewalk.
(.3) Awnings and Awning Signs.
(.a) Dimensions. Awnings with signs shall not project more than 4 feet over the sidewalk. Letters applied to awnings shall not exceed 8 inches in height.
(.b) Placement. The top of an awning sign shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face, or 14 feet above the street line, whichever is lower.
(.4) Window Signs.
(.a) Dimensions. The total area of window signs shall not exceed 15 percent of the area of the glass panel to which they are attached. The total area of signs on clear glass door panels shall not exceed 10 percent of the area of the glass panel to which they are attached.
(.5) Temporary Signs
(.a) Dimensions. The total area of all temporary signs shall not exceed 9 sq. ft.
(.6) Merchandise Signs.
(.a) Dimensions. The total area of all merchandise signs shall not exceed 9 sq. ft.
(7) Exterior Lighting of Buildings.
(a) The following facade lighting types shall not be permitted:
(.1) Lighting attached to poles to illuminate buildings;
(.2) Floodlighting;
(.3) Unshielded light fixtures;
(.4) High-pressure sodium lamps;
(.5) Flashing lights.
(b) Facade Lighting Regulations. Lighting mounted to building facades shall comply with the following provisions:
(.1) All facade light fixtures shall be located, aimed, or shielded to minimize light trespass across property lines.
(.2) All lighting shall use cut-off type fixtures to prevent light trespass and unnecessary glare.
(.3) Lighting fixtures shall not be mounted above the cornice line of the building.
(8) Parking Standards and Specifications.
(a) Parking facilities accessory to commercial buildings and commercial buildings with residential components shall comply with the following requirements:
(.1) Curb cuts. Vehicle access from Ridge Avenue shall be prohibited.
(.2) Location of parking. Off-street surface parking shall be permitted only within the rear 50% of the lot depth.
(.3) Landscaping. Within any parking lot having more than five parking spaces, an additional area shall be provided for the installation and maintenance of landscaping. The total landscaping shall not be less than 15% of the area of the parking lot, including all spaces, aisles and driveways, but excluding walkways and existing planted areas. Parking lots with more than five spaces shall include shade trees with at least one tree for each five parking spaces.
(9) Conflicting Provisions. Where the provisions of this Section conflict with other Sections of the Code, the provisions of this Section shall control.
Notes
| 643 | Added, Bill No. 100079 (approved February 9, 2011). Enrolled bill numbered this as Section 14-1640; renumbered by Code editor. |
(1) Legislative Findings.
(a) The Pennsylvania Department of Transportation ("PennDOT") has announced a road-widening project for portions of I-95 that pass through the City of Philadelphia. PennDOT's plans indicate that properties contiguous to I-95 will be acquired, in whole or in part, in order to complete this road-widening project.
(b) According to the PennDOT plans, numerous properties with structures and outdoor advertising signs within the I-95 project area will be affected.
(c) This Special District is established to minimize the impacts on those properties that are located within the I-95 Acquisition Corridor.
(d) The purpose of this Special District is to encourage and permit the continuation of business and uses within the Special District with minimal dislocation and interruption.
(2) District Boundaries. For purposes of this Section, the "I-95 Acquisition Corridor" shall include all areas within 200 feet of the PennDOT right-of-way (as that right-of-way may change from time to time) from Rhawn Street to Arch Street. 643.2
(3) Permitted Uses. A structure or outdoor advertising sign that is a lawful use located within the I-95 Acquisition Corridor shall be permitted if relocated within the I-95 Acquisition Corridor, notwithstanding any contrary provisions of this Title, provided all of the following apply:
(a) The owner or tenant of the structure or outdoor advertising sign has received a Declaration of Taking, a Notice of Acquisition or a Notice of Relocation Eligibility from PennDOT or its agent with respect to such structure or outdoor advertising sign, or has moved its structure or outdoor advertising sign as a result of receiving one of the aforesaid notices;
(b) The owner or tenant files an Application for Relocation, in a form required by the Department of Licenses and Inspections, within three years after receiving such Declaration of Taking, Notice of Acquisition or Notice of Relocation Eligibility or has moved its structure or outdoor advertising sign as a result of receiving one of the aforesaid notices;
(c) The proposed new location of the structure or outdoor advertising sign is within the I-95 Acquisition Corridor and is within 350 feet of the existing location of the structure or outdoor advertising sign;
(d) The proposed new location of the structure or outdoor advertising sign is zoned industrial or commercial;
(e) The dimensions and height of the relocated structure or outdoor advertising sign do not exceed the dimensions and height of the existing structure or sign at the time of the filing of the Application for Relocation;
(f) The size of the face of the relocated outdoor advertising sign is not greater than 1,200 square feet with a maximum height of 30 feet and a maximum length of 60 feet inclusive of any border of trim but excluding the base or apron, supports or other structural members. The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign;
(g) Where the relocated outdoor advertising sign exceeds 600 square feet in area, it is not double-faced (abutting and facing the same direction);
(h) The distance between the relocated structure or outdoor advertising sign and any residentially zoned property is not less than that required by any other applicable provision of this Title at the time of the filing of the Application for Relocation;
Exception: Where the distance between a legally existing structure or outdoor advertising sign and any residentially zoned property is less than the distance required by this Title and the proposed new location does not meet the required distance from any residentially zoned property, the relocated structure or outdoor advertising sign shall be at least the same distance from any residentially zoned property as the existing structure or outdoor advertising sign;
(i) The relocated outdoor advertising sign is not located within 500 feet of any other outdoor advertising sign as measured along the nearest edge of the pavement between points directly opposite the outdoor advertising signs along the same side of the traveled way;
(j) The relocated outdoor advertising sign does not include lights which are of such intensity or brilliance as to cause glare or impair the vision of a driver of any vehicle, interfere with any driver's operation of a motor vehicle, or are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of I-95;
(k) The relocated outdoor advertising sign is not illuminated such that it interferes with the effectiveness of or obscures an official traffic sign, device or signal;
(l) The relocated outdoor advertising sign is consistent with all other provisions relating to lighting of signs along State highways;
(m) The relocated outdoor advertising sign is not a non-accessory changeable electronic variable message sign; and
(n) The owner or tenant has not previously relocated the structure or outdoor advertising sign pursuant to the provisions of this Section.
(4) None of the provisions of this Section 14-1645 shall have any impact upon the duty of an owner or tenant to move its structure or outdoor advertising sign when given notice to vacate by PennDOT.
Notes
| 643.1 | Added, Bill No. 100678 (approved July 19, 2011). Enrolled bill numbered this as Section 14-1642; renumbered by Code editor. |
| 643.2 | Amended, Bill No. 120417 (approved July 17, 2012). |