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(a) The regulations applicable to each /NCO district are divided into zoning regulations and design standards. Compliance with the provisions of the zoning regulations shall be a prerequisite to the issuance of a zoning permit. Compliance with the provisions of the design standards shall be a prerequisite to the issuance of a building permit.
(b) No zoning permit or building permit shall be issued for the demolition of a principal building located within an /NCO district unless a building permit has been issued for the construction, expansion, or alteration of a new or existing principal building on the same lot, unless either: 452
(.1) Such demolition is necessary to abate an imminently dangerous condition as determined by the Department of Licenses and Inspections; or
(.2) Such demolition is necessary to abate an unsafe condition impacting the right of way or any adjacent property as determined by the Department of Licenses and Inspections.
Notes
| 451 | Amended, Bill No. 190866 (approved December 30, 2019). |
| 452 |
The design standards adopted as part of each /NCO district may address building and site design, but may not address the availability of permitted and special exception uses pursuant to Chapter 14-600 (Use Regulations), related to any of the following:
(a) Alterations to architectural features of existing buildings that are visible from a public street;
(b) The new construction or expansion of a building; and
(c) Construction of a new building or use of a vacant property after substantial demolition of an existing building on a property.
(a) No building permit shall be issued to construct a building or alter the exterior of a building that is visible from a public street until the Commission has reviewed the application and confirmed that it complies with all regulations applicable to the applicable /NCO district area, subject to the review provisions set forth in (b).
(b) An applicant who is denied approval for a building permit by the Commission may, within thirty (30) days of such denial, request in writing a review by the Commission at a regularly scheduled public meeting, subject to the following standards:
(.1) Where error is alleged in the denial of a building permit application, the Commission shall determine whether the requirements of subsection (a) above and the design standards of the applicable /NCO district area are met and shall approve such application if it determines that the initial decision of the Commission was made in error.
(.2) Where the building permit application deviates from subsection (a) above and the design standards of the applicable /NCO district area, the Commission may approve a building permit application where an application satisfies both (.a) and (.b):
(.a) Prior to the meeting of the Commission, the applicant provides written notice of the request to all RCOs whose registered boundaries include the applicant's property. Such notice must include the date of the review, time and location of the Commission meeting where the application is to be reviewed, and the requested deviation from the design standards of the applicable /NCO district area.
(.b) The Commission determines that:
(.i) Strict conformity with the design standards of the applicable /NCO district area would result in an unreasonable hardship;
(.ii) The deviation from the design standards of the applicable /NCO district area would be reasonable due to special circumstances of the lot or lots in question, including the impact upon existing structures, materials, and uses; and
(.iii) The deviation from the design standards of the applicable /NCO district area may be approved without harming the purposes of the /NCO as set forth in § 14-504(1).
(.3) The Commission may approve only deviations from the requirements of subsection (a) above and the design standards of the applicable /NCO district area. The Commission may grant a deviation that is lesser than that requested by the applicant. The Commission shall not approve any deviation from the zoning regulations of the applicable /NCO district area, any other provision of this Zoning Code, or any variance or special exception granted by the Zoning Board.
(.4) The decision of the Commission to deny approval for a deviation from design standards of the applicable /NCO district area shall be subject to an appeal to the Board of License and Inspection Review, whose review shall be limited to determining whether the decision of the Commission was clearly erroneous.
(c) If the Commission does not make a written decision to approve or deny the building permit application within 30 days of the date that it receives an application, the Commission will be deemed to have approved the application without conditions.
(d) The Commission's decision shall not be subject to appeal separately from an appeal to the Zoning Board of Adjustment on the zoning permit application.
(e) A decision by the Commission to approve a building permit shall not be subject to appeal separately from an appeal to the Board of License and Inspection Review of L&I's issuance of the building permit.
Notes
| 453 |
(a) In the event any portion of an approved /NCO district is included in a historic district designated by the Historical Commission, or any property within an approved /NCO district is individually designated as historic pursuant to Chapter 14-1000 (Historic Preservation), all provisions of this § 14-504 (/NCO, Neighborhood Conservation Overlay District) shall be of no further force or effect for the portion of the /NCO included within the historic district or any property designated as historic, except as indicated in § 14-504(4)(b) below
(b) § 14-504(4)(a) above shall not apply to any property within the historic district that is not individually designated in the Philadelphia Register of Historic Places and upon which no building or structure (not including foundations, parking kiosks, storage sheds, fences, walls, and gates) exists at the time of designation of the historic district.
Notes
| 454 | Amended, Bill No. 200576 (approved January 20, 2021). |
(a) District Boundaries.
The Queen Village /NCO district contains the area bounded by the north side of Washington Avenue, the properties on the north side of Bainbridge Street (inclusive), the east side of 6th Street and the west side of Front Street, except for any property within the South Street/Head House Square area set forth in § 14-502(2)(b)(.22), as shown on the following map for illustrative purposes only.
{For printable PDF version of image, click HERE}
(b) Zoning Regulations for Residential and Residentially-Zoned Structures..
These regulations will apply to residentially-zoned properties, regardless of use, and to properties that are permitted by L&I for exclusive residential use.
(.1) Building Setback Line.
Buildings with street frontage shall have no front setback, except that buildings with one street frontage of 20 ft. or more and buildings on corner lots may have front setbacks from all street frontages if a fence wall is constructed upon the property line where the setback is used, and the space between the fence wall and the building contains at least one tree as approved in the DPR plantings list.
(.2) Height Regulations.
On streets with a width of 21 ft. or less, including the cartway and sidewalks, new construction shall not exceed 22 ft. in height to a cornice line, before either:
(.a) Recessing on a plane, a minimum of 45 degrees, to the maximum height allowable in the underlying zoning district or any applicable zoning overlay district; or
(.b) Stepping back from the front property line eight ft. to a vertical wall that may extend to the maximum height allowable in the underlying zoning district or any applicable zoning overlay district.
(.3) Roof Decks.
Roof decks shall be setback at least eight ft. from the front property line, or a parapet at least 42 in. high shall be used to enclose the front of the deck.
(.4) Parking.
New curb cuts shall not exceed ten ft. in width for a single space, and 20 ft. for a double space.
(c) Zoning Regulations for Commercially-Zoned and Industrially-Zoned Structures.
The regulations of this § 14-504(5)(c) will apply to commercially-zoned or industrially-zoned properties other than properties permitted by L&I for exclusive residential use.
(.1) Building Setback Line.
Buildings with street frontage shall not have front setbacks.
(d) Design Standards for Residential and Residentially-Zoned Structures.
These regulations will apply to residentially-zoned properties, regardless of use, and to properties that are permitted by L&I for exclusive residential use.
(.1) Requirements for Both New Construction and Alterations.
(.a) Where street frontage of a new building exceeds 20 ft. on a single street or where an existing building is extended to exceed 20 ft. on a single street, the facade facing that street must be broken up by offset planes, roofline variations, or other architectural features including, but not limited to, bay windows or setbacks.
(.b) Residential buildings must have a habitable room on the front of the first floor. A habitable room shall be defined as in the Property Maintenance Code, Section PM-202.0.
(.c) New utility meters must be hidden from view from the street frontage.
(.2) Windows.
Windows along the street front of first floor habitable rooms shall comply with the following:
(.a) The height of the bottom windowsill shall be no more than four ft. six in. from the sidewalk;
(.b) The overall window height shall be at least four ft. from sill to head; and
(.c) The minimum aggregate width of the window, in linear feet, shall be at least thirty-three percent (33%) of the total linear frontage of the first floor.
(.3) Parking.
(.a) Vehicular entryways of private residence parking garages that front on any street shall only be permitted where there is a habitable room on the first floor and the window requirements for that habitable room are met.
(.b) Open-air parking spaces shall not be visible from the street frontage.
(.c) For new construction of two or more dwelling units within a row, parking spaces or private residence parking garages shall be placed directly adjacent to one another, except where the Commission determines it impracticable.
(.4) Materials.
(.a) Vinyl, stucco, or cement board siding may not be used on the front facade of a building, with the exception of garage doors, main doors, and fenestration.
(.b) Projecting bay windows that face a street may not be constructed of stucco.
(.c) Parking lots may not be constructed of asphalt or slab concrete paving materials.
(.d) If the rear of a structure is visible from a street, the material used must be consistent with the front facade of the building. 455
(.e) Railings for roof decks may be up to fifty percent (50%) opaque and may not be constructed of unfinished wood.
(.f) Fences may not be constructed of unfinished wood or chain link fencing materials.
(.g) A light illuminating the sidewalk must be installed adjacent to the front door of all newly constructed front facades. The illumination must be controlled via a timer.
(e) Design Standards for Commercially-Zoned and Industrially-Zoned Structures.
The regulations of this § 14-504(5)(e) will apply to commercially-zoned or industrially-zoned properties other than properties permitted by L&I for exclusive residential use. They apply to new construction and alterations.
(.1) Parking and Loading.
New off-street parking and loading areas shall not be visible from the primary street frontage.
(.2) Materials.
The materials used in the construction of a new structure or facade shall be of similar material to that used on the nearest residential structures fronting on the same street as the property under review.
Notes
| 455 | Amended, Bill No. 200576 (approved January 20, 2021). |
(a) Purpose.
The Overbrook Farms /NCO district is established in order to preserve and protect the area of the city within its boundaries. It is recognized that this section of the city, located primarily within the Overbrook Farms National Historic District, is a unique, mixed-use, neighborhood-oriented retail district containing residential uses and retail uses interspersed at street level with residential uses on upper floors. 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 development that is compatible with this character.
(b) Applicability.
The requirements of this Overbrook Farms /NCO district apply to all lots within the boundaries shown on the following map.
{For printable PDF version of image, click HERE}
(.1) Use.
(.a) On RSA-3-zoned lots fronting on 63rd Street, office and financial services uses, except for personal credit establishments, are permitted in addition to uses allowed by the underlying zoning.
(.b) No multi-family use is permitted in any single family zoning classification.
The Overbrook Farms design standards of this subsection apply to all properties within Overbrook Farms /NCO district except for those properties with frontage on City Avenue between Drexel Road and Overbrook Avenue.
(.1) Building Standards.
(.a) Original materials, including storefronts, windows, walls, cornices, bays, and roofs of buildings, shall be repaired or replaced with materials or details similar to the original materials.
(.b) 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.
Notes
| 456 | |
| 457 | Subsection (6)(d)(.2) deleted, Bill No. 120430-A (approved January 14, 2013). |
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