(2) East Falls. 422

(a)   Applicability.

The requirements of this East Falls /NCA overlay district apply to all properties zoned CMX-2, CMX-2.5, or CMX-3 within the area bounded by the former Weightman Street, Ridge Avenue, School House Lane, SEPTA Railroad, Calumet Street, Warden Drive, Midvale Avenue, Cresson Street, Indian Queen Lane, SEPTA Railroad, the Roosevelt Boulevard Extension, and the Schuylkill River, as shown on the following map for illustrative purposes only.

{For printable PDF version of image, click HERE}

(b)   Use Regulations.

(.1)   In addition to any uses prohibited by the underlying zoning, the following uses are prohibited:

(.a)   Nightclubs and Public Entertainment Venues.  423

(.b)   All uses within the Vehicle and Vehicular Equipment Sales and Services Use Category.

(.c)   All uses within the Wholesale, Distribution, and Storage Use Category.

(.2)   Take-Out Restaurants shall require a special exception in the CMX-3 district.

(.3)   Buildings in the CMX-2.5 district with frontage along Midvale Avenue or Ridge Avenue must contain a non-residential use along one hundred percent (100%) of the ground floor frontage within the first 30 ft. of building depth, measured from the front building line, only along the Midvale Avenue and Ridge Avenue frontages.

(.4)   Buildings in the CMX-3 district with frontage along Ridge Avenue must contain a non- residential use along at least fifty percent (50%) of the ground floor frontage within the first 30 ft. of building depth, measured from the front building line, only along the Ridge Avenue frontage.

(c)   Side Yard Setbacks.

(.1)   Side yards must be provided, with a minimum width as set forth in Table 14-701-3, on lots that meet all of the following conditions:

(.a)   The lot is in the CMX-2.5 zoning district;

(.b)   The lot has frontage on Midvale Avenue between Cresson Street and Conrad Street; and

(.c)   There is an existing detached building on at least one abutting lot, in which case the side yard must be provided between the structure and that abutting lot or those abutting lots.

(d)   Building Height.

Buildings in the CMX-3 district must have a minimum building height of 35 ft. or three stories.

(e)   Building Width.

On lots with frontage on Ridge Avenue and located within the CMX-3 zoning district, open area may abut no more than twenty-five percent (25%) of that frontage.

(f)   Setback from Kelly Drive.

For lots with street frontage on Kelly Drive, buildings shall be set back a minimum of 25 ft. from the street line of Kelly Drive. Such set back area shall include a landscape area along the entire Kelly Drive frontage that complies with all of the following requirements:

(.1)   The landscape area must be at least 18 ft. wide;

(.2)   Plants in the landscape area shall be installed in conformance with § 14-705(1)(.c);

(.3)   The required number of plantings shall be consistent with the requirements set forth in § 14-803(5)(e)(.5)(.a); and

(.4)   The required landscape will be reviewed for conformance with these standards by the Planning Commission and will require the submission of a landscape and tree preservation plan prepared by a licensed architect, licensed landscape architect, licensed professional civil engineer, or a certified arborist that demonstrates compliance with these provisions.

(g)   Curb Cuts.

(.1)   Curb cuts are prohibited on Kelly Drive; and

(.2)   The total number of permitted curb cuts shall not exceed one per 100 lineal ft. of lot frontage.

(h)   Parking.

(.1)   All required parking for non-residential uses must be located either on:

(.a)   the same lot as the principal use;

(.b)   on a lot abutting the principal use; or

(.c)   on a non-abutting lot that is within 1,000 ft.

(.2)   Off-street parking is not allowed between any building line and the street line on lots fronting Ridge Avenue, Kelly Drive, Calumet Street, or Midvale Avenue.

(.3)   The provisions of subsection (b) of § 14-802(9) (Off-Site Parking) shall not apply.

(.4)   The parking reductions provided in § 14-802(8)(b) and § 14-802(8)(e) shall not apply.

(i)   Signs.

(.1)   No sign may be erected or maintained in the East Falls /NCA unless approved by the Art Commission. The Art Commission has 60 days to approve or disapprove the application, after which its approval will be presumed.

(j)   Facade Review.

(.1)   L&I shall not issue a building permit for the erection of a building or the alteration of facade until the Planning Commission has reviewed the plans of all proposed facades and determined that the proposed facades, in the opinion of the Commission, are in harmony with the commercial area and pedestrian-oriented environment. The Commission shall have 60 days to approve or disapprove the application, after which its approval will be presumed.

 

Notes

422	Amended, Bill No. 120430-A (approved January 14, 2013); amended, Bill No. 130804 (approved December 18, 2013); amended, Bill No. 160330-A (approved October 4, 2016); amended, Bill No. 210075 (approved March 29, 2021); amended, Bill No. 230437 (approved July 12, 2023).
423	Amended, Bill No. 230764 (approved December 20, 2023).