(5)   CMX-4 and CMX-5 Bulk and Massing Controls.
(a)   Applicability.
(.1)   Buildings on CMX-4 and CMX-5 lots shall demonstrate compliance with this § 14-701(5) (CMX-4 and CMX-5 Bulk and Massing Controls) using either Option A (Sky Plane Controls), as provided in § 14-701(5)(b), or Option B (Open Area, Building Width, Spacing, and Height Controls), as provided in § 14-701(5)(c).
(.2)   If a building is subject to the provisions of both § 14-701(5)(b) and § 14-701(5)(c), the applicant may choose to demonstrate compliance in accordance with either option.
(.3)   If a building is subject to the provisions of § 14-701(5)(c) only, then the building shall comply with § 14-701(5)(c).
(.4)   When the bulk and massing standards of this § 14-701(5) conflict with the floor area ratio standards of § 14-701(3) (Commercial Districts Dimensional Table), the stricter standard shall govern.
(b)   Option A: Sky Plane Controls.
The bulk and massing provisions of this § 14-701(5)(b) apply to any lot frontage facing a street 50 ft. or more in width, except for lots that are located across a street from a public park and where the distance from the lot frontage to the furthest boundary of the public park is greater than 200 ft. The street width shall be the width of the right-of-way as confirmed on the City Plan of streets.
(.1)   Sky Plane Standards.
(.a)   For the purposes of this § 14-701(5)(b) (Option A: Sky Plane Controls), the term "sky plane" shall mean the set of building bulk and massing that allows visibility of the sky from sidewalk level.
(.b)   Buildings may occupy one hundred percent (100%) of the lot area below the height threshold for that street as shown in Column B of Table 14-701-5.
(.c)   Any portion of a building above the height thresholds listed in Column B of Table 14-701-5 is subject to form controls that limit its massing and bulk in relation to its context so that specific amounts of sky visibility are retained.
(.d)   Within each interval of building height shown in Column C of Table 14-701-5, the building may not block more than the percentage of sky plane shown in Column D of Table 14-701-5.
(.e)   Sky plane is calculated in relation to a viewing line located at grade at the center of the relevant street and a vertical plotting plane located at the building line. The regulations of the Commission shall contain the method for calculating percentage block of the sky plane, as well as detailed information on materials to be submitted to demonstrate compliance with sky plane requirements (which shall include a signed and sealed statement from a licensed architect certifying compliance with sky plane requirements).
(.f)   If two or more building frontages are subject to the provisions of this § 14-701(5) (CMX-4 and CMX-5 Bulk and Massing Controls), then the sky plane limits in Table 14-701-5 of the widest street fronting the lot shall apply to each facade. For example, if a lot has frontage on one street that is 70 ft. wide and a second street that is 60 ft. wide, both frontages must comply with the sky plane requirements applicable for a street 70 ft. wide.
(.g)   If three or more building frontages are subject to the provisions of this § 14-701(5) (CMX-4 and CMX-5 Bulk and Massing Controls) then as an alternative to subsection (.d), above, the building's average of sky plane blockage at each regulated height level of all frontages subject to the sky plane provisions may be used to demonstrate compliance with the allowed blockage of sky plane in Column D of Table 14-701-5. 586
(.h)   L&I shall not issue a zoning permit unless the Commission has determined compliance with this § 14-701(5)(b) (Option A: Sky Plane Controls). 588
Table 14-701-5: Sky Plane Requirements by Street
{For printable PDF version, click HERE}
 
A. Regulated Street Frontage
B. Height Threshold
(ft. above sidewalk)
C. Regulated Height Interval
(ft. above sidewalk)
D. Allowed Blockage of Sky Plane
50-59 ft. wide streets
(including but not limited to Race and Locust)
65
>575
0%
285-575
60%
150-285
70%
90-150
80%
65-90
85%
<65
100%
60-69 ft. wide streets
(including but not limited to Chestnut and Walnut)
80
>690
0%
340-690
60%
175-340
70%
115-175
80%
80-115
85%
<80
100%
70-79 ft. wide streets
(including but not limited to Arch)
100
>825
0%
415-825
60%
200-415
70%
135-200
80%
100-135
85%
<100
100%
80-89 ft. wide streets
110
>920
0%
460-920
60%
225-460
70%
150-225
80%
110-150
85%
<110
100%
90-99 ft. wide streets
120
>1030
0%
510-1030
60%
255-510
70%
170-255
80%
120-170
85%
<120
100%
100 ft. and wider streets
(including but not limited to Market and John F. Kennedy)
125
>1145
0%
570-1145
60%
285-570
70%
190-285
80%
125-190
85%
<125
100%
 
(c)   Option B: Open Area, Building Width, Spacing, Height Controls.
(.1)   Open Area Above Ground Level.
The following standards apply to all CMX-4 and CMX-5 lots. All height measurements shall include mechanical space:
(.a)   The maximum lot coverage of buildings for the first 65 ft. of building height shall be one hundred percent (100%).
(.b)   The maximum lot coverage for portions of buildings above 65 ft. and up to 300 ft. in height shall be seventy-five percent (75%) of the lot.
(.c)   The maximum lot coverage for portions of buildings above 300 ft. and up to 500 ft. in height shall be fifty percent (50%) of the lot. As an alternative, buildings over 300 ft. and up to 500 ft. in height may be constructed so that the average lot coverage of the building above 65 ft. shall not exceed sixty percent (60%) of the lot.
(.d)   The maximum lot coverage for portions of buildings above 500 ft. and up to 700 ft. in height shall be forty percent (40%) of the lot. As an alternative, buildings over 500 ft. and up to 700 ft. in height may be constructed so that the average lot coverage of the building above 65 ft. shall not exceed fifty percent (50%) of the lot.
(.e)   The maximum lot coverage for portions of buildings, including mechanical space, above 700 ft. in height shall be thirty percent (30%) of the lot. As an alternative, buildings over 700 ft. in height may be constructed so that the average lot coverage of the building above 65 ft. shall not exceed forty percent (40%) of the lot.
(.2)   John F. Kennedy Boulevard Regulations.
(.a)   For buildings located within 90 ft. south of the south side of John F. Kennedy Boulevard between 15th Street and 24th Street:
(i)   The minimum distance between buildings, from a height 65 ft. or greater, shall be 75 ft.
(ii)   Along any lot line which is not a street line and which is parallel to any numbered street, the minimum distance between the building, from a height of 65 ft. or greater, and that lot line shall be 37.5 ft.
(.b)   For buildings located within 90 ft. south of the south side of John F. Kennedy Boulevard between 15th Street and the Schuylkill River, the maximum width of the building frontage along John F. Kennedy Boulevard for portions of buildings above 65 ft. in height shall be the lesser of 250 ft. or sixty-six percent (66%) of the block frontage along John F. Kennedy Boulevard.
(.c)   For lots fronting on the south side of John F. Kennedy Boulevard between 15th Street and the Schuylkill River with a second frontage along a numbered street or Juniper Street, the maximum building height along the second frontage for the first 15 ft. of building closest to that street frontage shall be 65 ft.
(.3)   Market Street Regulations.
(.a)   For buildings located within 90 ft. south of the south side of Market Street between 15th Street and 24th Street:
(i)   The minimum distance between buildings, from a height 65 ft. or greater, shall be 75 ft.
(ii)   Along any lot line which is not a street line and which is parallel to any numbered street, the minimum distance between the building, from a height of 65 ft. or greater, and that lot line shall be 37.5 ft.
(.b)   For buildings located within 90 ft. south of the south side of Market Street between 15th Street and the Schuylkill River, the maximum width of the building frontage along John F. Kennedy Boulevard for portions of buildings above 65 ft. in height shall be the lesser of 250 ft. or sixty-six percent (66%) of the block frontage along Market Street.
(.c)   For lots fronting on the south side of Market Street between Front Street and the Schuylkill River with a second frontage along a numbered street or Juniper Street, the maximum building height along the second frontage for the first 15 ft. of building depth shall be 65 ft.
(.4)   Chestnut Street Regulations.
The following standards apply to lots fronting on the south side of Chestnut Street between Front Street and the Schuylkill River:
(.a)   The maximum width of a building frontage along Chestnut Street shall be 100 ft. for corner lots and 60 ft. for intermediate lots.
(.b)   Except within 130 ft. east of the east side of Broad Street or within 130 ft. west of the west side of Broad Street, the maximum building height shall be 50 ft. This height limit may be increased to a maximum height of 320 ft. by increasing the height one foot for each foot the building sets back (i.e. along a 45 degree recession plane) from the street line. 589
(.5)   Sansom Street Regulations.
The maximum building height for lots fronting on Sansom Street between Front Street and the Schuylkill River, except within 130 ft. east of the east side of Broad Street or within 130 ft. west of the west side of Broad Street, shall be 320 ft.
(.6)   Walnut Street Regulations.
The following standards apply to lots fronting on Walnut Street between Front Street and the Schuylkill River:
(.a)   The maximum width of a building frontage along Walnut Street shall be 100 ft. for corner lots and 60 ft. for intermediate lots.
(.b)   On the north side of Walnut Street, except within 130 ft. east of the east side of Broad Street or within 230 ft. west of the west side of Broad Street, the maximum building height shall be 320 ft. 590
(.c)   On the south side of Walnut Street, except within 130 ft. east of the east side of Broad Street or within 230 ft. west of the west side of Broad Street, the maximum building height shall be 50 ft. This height limit may be increased to a maximum height of 260 ft. by increasing the height one foot for each foot the building sets back (i.e. along a 45 degree recession plane) from the street line. 591
(.7)   Locust Street Regulations.
The following standards apply to lots fronting on Locust Street between Front Street and the Schuylkill River:
(.a)   The maximum width of a building frontage along Locust Street shall be 100 ft. for corner lots and 60 ft. for intermediate lots.
(.b)   On the north side of Locust Street, except within 100 ft. east of the east side of Broad Street or within 230 ft. west of the west side of Broad Street, the maximum building height shall be 260 ft.
(.c)   On the south side of Locust Street, except within 100 ft. east of the east side of Broad Street or within 230 ft. west of the west side of Broad Street, the maximum building height shall be 50 ft. This height limit may be increased to a maximum height of 260 ft. by increasing the height one foot for each foot the building sets back (i.e., along a 45 degree recession plane) from the street line.
(.8)   Spruce Street Regulations.
The following standards apply to lots fronting on Spruce Street between Front Street and the Schuylkill River:
(.a)   The maximum width of a building frontage along Spruce Street shall be 100 ft. for corner lots and 60 ft. for intermediate lots.
(.b)   On the north side of Spruce Street, except within 100 ft. east of the east side of Broad Street or within 230 ft. west of the west side 592 of Broad Street, the maximum building height shall be 260 ft.

 

Notes

586
   Added, Bill No. 140009 (approved March 31, 2014).
588
   Renumbered, Bill No. 140009 (approved March 31, 2014); renumbered, Bill No. 190443 (approved July 24, 2019). See note 297 for sunset provision. Former subsection (.h) deleted and former subsection (i) renumbered, Bill No. 210075 (approved March 29, 2021).
589
   Amended, Bill No. 150766 (approved December 8, 2015); amended, Bill No. 161003-A (approved May 8, 2017).
590
   Amended, Bill No. 161003-A (approved May 8, 2017).
591
   Amended, Bill No. 150766 (approved December 8, 2015); amended, Bill No. 161003-A (approved May 8, 2017).
592
   Enrolled bill read "west wide".