(5) Supplemental Use Controls.

For the purposes of this § 14-502(5) (Supplemental Use Controls), the following supplemental use controls apply to the areas listed in Table 14-502-2 and Table 14-502-3.

(a)   Use Table 14-502-2.

Principal uses are allowed within the Center City Overlay District in accordance with the use regulations of the underlying zoning district, except as provided in Table 14-502-2 (See accompanying Supplemental Use Controls Area Map for illustrative purposes only). Uses classified as accessory uses are not regulated by the use table. Accessory uses are permitted in conjunction with allowed principal uses, provided they comply with all applicable regulations of § 14-603 (Use-Specific Standards) and § 14-604 (Accessory Uses and Structures). 370

(.1)   Use Classification System.

For the purpose of this zoning code, uses are classified into use categories and subcategories. These are described and defined in § 14-601. Use categories and subcategories are identified in the first column of the use tables.

(.2)   Special Exceptions.

Uses identified with an "S" in Table 14-502-2 may be allowed if reviewed and approved in accordance with the special exception procedures in § 14-303(7) (Special Exception Approval). Uses approved by special exception are subject to compliance with any use-specific standards identified in the final column of the use table and all other applicable standards of this zoning code.

(.3)   Prohibited Uses.

Uses identified with an "N" are expressly prohibited.

(.4)   Use-Specific Standards.

The "use-specific standards" column of the use table identifies use-specific standards that apply to some uses. Unless otherwise expressly stated, compliance with such standards is required regardless of whether the use is permitted as-of-right or requires special exception approval. Numbers in brackets [#] also refer to use-specific standards that apply to some uses. These standards are listed as table notes immediately preceding the table.

(.5)   No Overlay-Specific Regulations.

A blank cell indicates that no overlay specific regulations apply to a use and the use is subject only to the use regulations of the underlying zoning district.

(.6)   Notes for Table 14-502-2.

[1]   Utilities and services, basic uses require special exception approval on lots fronting on Chestnut or Walnut Street between Broad Street and 20th Street.

[2]   Permitted on the ground floor, provided it is staffed; otherwise prohibited. 371

[3]   Prohibited on the ground floor.

[4]   Does not apply to Residentially-zoned lots.

[5]   Permitted for lots within the Broad Street Area, Mid-South, provided that this provision shall expire on January 1, 2020 for lots located entirely within the area bounded by Watts Street, Pine Street, Broad Street, and Cypress Street (extended). 372

[6]   For lots zoned CMX-2, there shall be no maximum number of dwelling units and a minimum of 360 sq. ft. of lot area is required per dwelling unit. Whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number. 373

[7]   Reserved. 374

[8]   The following uses shall not be permitted in the Rittenhouse Square Residential Area: 375

(.a)   Group living; provided that this prohibition shall not apply to Personal Care Homes, which use shall be controlled by the underlying zoning of a property.

(.b)   Housing, not owner-occupied, rented only to students (as defined by § 14-203(325) (Student)) or the marketing of which include the phrases student housing, student living, student apartments, or other such terms suggesting rentals are available only to students or is directed primarily to students.

[9]   Reserved. 376

[10]   In the CMX-3 zoning district, in order to promote active uses at the street level, buildings that have frontage on any of the following streets must contain a use other than residential and other than parking along one hundred percent (100%) of the ground floor frontage and within the first 30 ft. of building depth, measured from the front building line, provided that this prohibition shall not apply to lobbies accessory to residential uses. If the property is bounded by two or more streets, only the primary frontages as designated in § 14-701(1)(d)(.4) (Primary Frontage) shall be subject to this requirement and parking access shall be provided from a frontage other than a designated primary frontage: 377

(.a)   Front Street, between Walnut Street and Market Street;

(.b)   2nd Street between Walnut Street and Race Street;

(.c)   3rd Street or 4th Street, between Chestnut Street and Race Street;

(.d)   Walnut Street between Front Street and 2nd Street; or

(.e)   Chestnut Street, Market Street, Arch Street, or Race Street, between Front Street and 4th Street.

[11]   For lots in the Society Hill Area the provisions of § 14-602(7) shall not apply. 378

Table 14-502-2: Supplemental Use Controls in the Center City Overlay District 379

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	Center City Commercial District Control Area	Chestnut and Walnut Street Area, East	Chestnut and Walnut Street Area, West	Broad Street Area, South	Broad Street Area, North	Chinatown Area	Old City Residential Area	Society Hill Area	South Street/ Head House Square Area	Rittenhouse Square Residential Area	Use-Specific Standards
N = Not allowed (expressly prohibited) | S = Special exception approval required | Blank = No overlay-specific regulations apply See § 14-502(5)(a)(.6) (Notes for Table 14-502-2) for information pertaining to bracketed numbers (e.g., "[2]") in table cells.
Public, Civic, and Institutional Use Category
Utilities and Services, Basic			[1]	N			N	[11]
All Other Uses
Residential Use Category
Household Living	[6]						[10]	[11]		[8]
All Other Uses								[11]
Parks and Open Space Use Category
All Uses								[11]
Retail Sales Use Category
Adult-oriented Merchandise		N	N	N	N		N	[11]
Retail Sales of Consumer Goods, Furniture, Appliances, and Equipment (as noted below)								[11]
Drug Paraphernalia Sales		N	N	N	N		N	[11]	N		§ 14-603(13)
Gun Shop		N	N	N	N		N	[11]	N		§ 14-603(13)
All Other Uses								[11]
Office Use Category
All Uses								[11]
Commercial Services Use Category
Adult-Oriented Service		N	N	N	N		N	[11]			§ 14-603(13)
Assembly and Entertainment						N	N	[11]	N		§ 14-603(13); § 14-603(18)
Eating and Drinking Establishments (except as noted below)			S[4]	S[4][5]			S[4]	[11]			§ 14-603(6)
Take-Out Restaurant		S	S	S	N		S[4]	[11]	S		§ 14-603(6)
Smoking Lounge									N		§ 14-601 (7)(f)(.4)
Financial Services (except as noted below)			[2]					[11]
Personal Credit Establishment		N	N	N	N		N	[11]			§ 14-603(13)
Parking		N	N	N[5]		N	N	[11]
Personal Services (except as noted below)					N			[11]
Body Art Service		N	N	N	N		N	[11]	N		§ 14-603(2); § 14-603(13)
Fortune Telling Service		[3]	[3]	[3]	[3]		[3]	[11]	[3]
All Other Uses								[11]
Vehicle and Vehicular Equipment Sales and Services Use Category
All Uses		N	N	N	N	N	N	[11]	N
Wholesale, Distribution, Storage Use Category
All Uses		N	N	N	N	N	N	[11]
Industrial Use Category
All Uses								[11]
Urban Agriculture Use Category
All Uses								[11]

 

  380

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(b)   Prohibited Accessory Uses and Structures.

Accessory uses and structures identified with an "N" in Table 14-502-3 are expressly prohibited (See accompanying Supplemental Use Controls Area Map for illustrative purposes only).

Table 14-502-3: Prohibited Accessory Uses and Structures in the /CTR Overlay District

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Accessory Use or Structure	Chestnut and Walnut Street Area, East	Chestnut and Walnut Street Area, West	Broad Street Area, South	Chinatown Area	Old City Residential Area	South Street/ Head House Square Area	Market Street Area, East
Kiosks	N	N	N	N	N		N
Outdoor sales and storage, including outdoor use of coin-operated machines that dispense food or drink	N	N	N	N	N		N
Any accessory speaker or audio device that causes music or voices to reach the sidewalk area, public arcade, or public entranceway to a building, that is adjunct to any permitted retail use, used to advertise merchandise sold, and/or used to call public attention to the uses of the premises.	N	N				N	N

 

(c)   Permitted Accessory Uses and Structures. 381

In addition to those accessory uses and structures permitted in the underlying zoning district, roof decks shall be permitted for non-residential uses within the Broad Street Area, Mid-South, provided that this § 14-502(5)(c) shall expire on January 1, 2020.

 

Notes

370	Amended, Bill No. 150264 (approved June 16, 2015).
371	Amended, Bill No. 120774-A (approved January 14, 2013).
372	Added, Bill No. 130908-A (approved March 31, 2014); amended, Bill No. 160096 (approved May 10, 2016).
373	Added, Bill No. 140519-AAA (approved October 27, 2015); amended, Bill No. 160718 (became law May 4, 2017); amended, Bill No. 161003-A (approved May 8, 2017).
374	Added, Bill No. 140519-AAA (approved October 27, 2015); deleted, Bill No. 161003-A (approved May 8, 2017).
375	Added, Bill No. 160073 (became law May 19, 2016).
376	Added, Bill No. 160718 (became law May 4, 2017); deleted, Bill No. 210075 (approved March 29, 2021).
377	Added, Bill No. 190655-A (approved November 12, 2019).
378	Added, Bill No. 200094 (became law October 22, 2020). Enrolled bill numbered this as [10]; renumbered by Code editor. Original reference to § 14-602(8) changed to § 14-602(7) by Code editor to account for the renumbering of that subsection by Bill No. 210075 (approved March 29, 2021).
379	Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 130804 (approved December 18, 2013); amended, Bill No. 130908-A (approved March 31, 2014); amended, Bill No. 150264 (approved June 16, 2015); amended, Bill No. 140519-AAA (approved October 27, 2015); amended, Bill No. 160073 (became law May 19, 2016); amended, Bill No. 160718 (became law May 4, 2017); amended, Bill No. 161003-A (approved May 8, 2017); amended, Bill No. 190655-A (approved November 12, 2019); amended, Bill No. 200094 (became law October 22, 2020); amended, Bill No. 210075 (approved March 29, 2021); amended, Bill No. 230308 (became law June 22, 2023).
380	Amended, Bill No. 160526 (approved June 28, 2016).
381	Added, Bill No. 160096 (approved May 10, 2016).