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Notes
| 583 | Added, Bill No. 210633-A (approved January 18, 2022), effective July 18, 2022. Section 2 of Bill No. 210633-A provides: "Effective date. This Ordinance shall take effect six months following its enactment. Construction pursuant to a valid zoning permit application that was filed prior to the effective date shall not be counted for purposes of determining whether a project is a Residential Housing Project within the meaning of § 14-533(2) of The Philadelphia Code, as added by Section 1 of this Ordinance." |
The Mixed Income Neighborhoods Overlay District shall apply to Residential Housing Projects on lots located in the following areas:
(a) The area bounded by Haverford Avenue, 41st Street, Olive Street, Fairmount Avenue, 40th Street, an Amtrak Rail Right-of-Way, Spring Garden Street, the Schuylkill River, Grays Ferry Avenue, 47th Street, Warrington Avenue, 48th Street, Beaumont Ave, 49th Street, Pentridge Avenue, 50th Street, Willows Avenue, 51st Street, Hadfield Street, 52nd Street, Whitby Avenue, 53rd Street, Chestnut Street, Cobbs Creek Parkway, 63rd Street, Arch Street, 54th Street, Race Street, and 50th Street, as shown on the following map, for illustrative purposes only; 584
{For printable PDF version of image, click HERE}
(b) Any lot that is located both within the /TOD overlay district and the 7th Council District, as shown on the maps under (c) and (d) below, for illustrative purposes only;
(c) The area bounded by Westmoreland Street, Kensington Avenue, Hagert Street, Emerald Street, Boston Street, Coral Street, Front Street, Norris Street, Frankford Avenue, Oxford Street, 6th Street, Dauphin Street (extended), 4th Street (extended), Lehigh Avenue, 5th Street, Allegheny Avenue, and B Street, as shown on the following map, for illustrative purposes only; 585
{For printable PDF version of image, click HERE}
(d) The area bounded by Cheltenham Avenue, Charles Street, Pratt Street, Valley Street, Harrison Street, Tackawanna Street, Orthodox Street, Griscom Street, Wakeling Street, Castor Avenue, and Oxford Circle, as shown on the following map, for illustrative purposes only; and 586
{For printable PDF version of image, click HERE}
(e) The area bounded by Roosevelt Boulevard, a former Conrail Right-of-Way, Annsbury Street, 6th Street, and Wingohocking Street, as shown on the following map, for illustrative purposes only.
{For printable PDF version of image, click HERE}
Notes
| 584 | |
| 585 | |
| 586 |
(a) For the purposes of this § 14-533, a Residential Housing Project is any development which itself, or in combination with any closely related development, involves the development of ten or more dwelling units, twenty or more sleeping units, or both, and that is located in whole or in part within the Mixed Income Neighborhoods Overlay District, provided a Residential Housing Project is not: 587
(.1) Any development in which all dwelling units are developed by an educational institution for the exclusive use and occupancy of such institution’s students or other institution-affiliated persons such as resident advisors or house masters; or
(.2) Any development where less than twenty-five percent (25%) of gross floor area will be in residential use.
(.3) A Personal Care Home as defined in § 14-603(11) of the Code.
(b) In determining whether a development constitutes a Residential Housing Project, the City shall consider, among other things, whether the development is marketed as a single or unified project, shares common ownership, including common membership in a corporation, mailing address and contact information for owner of record, or other elements, or is a phase of a larger development. This definition shall be interpreted broadly to achieve the purposes of this Chapter and to prevent evasion of its terms.
Notes
| 587 |
The following standards shall apply in addition to those of the applicable base zoning district:
(a) At least fifteen percent (15%) of all dwelling units (rounded up, if fractional) shall be provided and maintained as affordable on the same site as all other dwelling units.
(b) Including dwelling units provided pursuant to subsection (a), above, a minimum of twenty percent (20%) of all dwelling units and twenty percent (20%) of all sleeping units (rounded up, if fractional) shall be provided and maintained as affordable on the same site as all other dwelling units, except as follows:
(.1) The applicant may request that the Department of Planning and Development grant a waiver, such that, in lieu of meeting the conditions of subsection (b), above, the applicant may instead meet at least one of the following conditions, in addition to the requirement of subsection (a):
(.a) Including dwelling units provided pursuant to subsection (a), above, a minimum of twenty percent (20%) of all dwelling units and twenty percent (20%) of all sleeping units (rounded up, if fractional) shall be provided and maintained as affordable within one-half mile of the remaining units included in the Residential Housing Project; or
(.b) An owner has entered into a binding agreement with the City, prior to the issuance of a building permit, pursuant to which the owner has tendered to the City a payment in lieu of providing affordable housing and the Department of Planning and Development has agreed to use such money for the purposes set forth in Section 21-1605 (Trust Fund Assets Held in the Non- Recording Fee Sub-Fund) or Section 21-1603 (Creation, Distribution and Use of the Trust Fund's Assets), and to use best efforts to use an amount equal to such payment within five years of the owner tendering payment for a project or projects within the same Council District as the development, including to defray any additional administrative costs associated with the review and enforcement of affordable housing units required by this Mixed Income Neighborhoods Overlay. The payment shall be calculated as follows: 587.1
(i) For lots located in an RM-2, RM-3, RM-4, RMX-1, RMX-2, RMX-3, IRMX, CMX-3, CMX-4, or CMX-5 zoning district: the maximum total gross floor area allowed under this § 14-533, multiplied by nine dollars ($9);
(ii) For lots located in an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district: the maximum total number of dwelling units allowed under this § 14-533, multiplied by ten thousand nine hundred dollars ($10,900); and
(iii) For lots located in any other zoning district: the sum of the number of sleeping units divided by two and the number of dwelling units, multiplied by ten thousand nine hundred dollars ($10,900).
(.2) The Department of Planning and Development shall only grant this waiver upon a demonstration of exceptional circumstances based on a particular substantial public benefit that would be derived from the proposed off-site development or that the granting of the waiver would otherwise further the general purposes of this Chapter in a particular way, as may be further defined in regulations of the Commission. This waiver may specify which of the options listed in subsection (.1), above, shall be available to the application.
(.3) An applicant may only submit a request for this waiver after having submitted an application for a zoning permit to L&I for the relevant Residential Housing Project. If the Department of Planning and Development does not respond to a written request for this waiver within 45 days of its receipt, the request will be deemed granted, provided that the waiver shall specify that only option (.b), above, shall be available to the applicant.
(.4) The Department of Planning and Development and the Commission are authorized to promulgate regulations to implement the provisions of this subsection (b). These regulations may include other requirements and penalties for non-compliance.
(c) For any lot to which this Overlay District applies that is located within the Third Councilmanic District, the requirements of §§ 14-533(3)(a) and (3)(b)(.1) shall be deemed to have been satisfied, without the requirement of the grant of a waiver, provided all the following conditions are met: 588
(.1) A portion of the lot was subdivided and transferred to the City, with respect to which portion the Director of Planning and Development has certified, in the Director's sole discretion, that the City intends to build, itself or through a third-party developer, affordable dwelling units that meet all the conditions of subsection (6) (Affordability) below, which units will satisfy affordable housing requirements in connection with the lot with respect to which zoning approval is sought (which transferred portion is referred to in this subsection (c) as the "City Lot"). Those units identified in such certification, in combination with any other affordable dwelling units to be provided on the lot with respect to which zoning approval is sought, must equal or exceed the number of affordable dwelling units that would be necessary to satisfy the requirements of § 14-533(3)(a) if all such affordable dwelling units were provided on the same lot;
(.2) At the time of the transfer, the City Lot was part of the same lot on which all other dwelling units will be provided; and
(.3) The applicant meets the conditions of § 14-533(3)(b)(.1)(.b), provided that the value of the City Lot transferred pursuant to subsection (.1) shall be deducted, on a dollar-per-dollar basis, from the payment calculated under that subsection.
(.a) The value of the City Lot shall be based on the average of (i) the City's assessed value of the original parent lot and (ii) an appraisal, identified by the applicant, by a third-party certified appraiser that was made within 18 months of the transfer, multiplied by the fraction of the size of the City Lot as the numerator and the size of the parent lot from which the City lot was subdivided out as the denominator.
(.b) If the value of the payment calculated in § 14-533(3)(b)(.1)(.b) exceeds that of the City Lot, the applicant shall tender a payment to the City in the amount of the balance pursuant to the requirements of such subsection.
(.c) If the value of the City Lot exceeds that of the payment calculated in § 14-533(3)(b)(.1)(.b), the applicant shall not be entitled to compensation or refund in any manner.
(.4) The provisions of this subsection (c) shall apply to and benefit the entire remaining lot from which the City Lot was divided, notwithstanding the future subdivision of such remaining lot; provided, however, that each affordable dwelling unit identified in the Director of Planning and Development's certification under subsection (3)(c)(.1) above shall only be credited once in connection with the affordable dwelling unit requirement applicable to such remaining lot as it may be subdivided.
(.5) Subsections (.2) and (.3) of § 14-533(3)(b) shall not apply to application of this subsection (c).
(d) Any development that meets either of the following conditions will not be required to meet the requirements of subsections (a) and (b), above:
(.1) The applicant demonstrates to the satisfaction of the Department of Planning and Development that fifty-one percent (51%) or more units will meet the definition of “Affordable Housing Property” under subsection 7-202(1); or
(e) Household Living is permitted in accordance with Table 14-533-1. The notes for Table 14-533-1 are as follows:
[1] In the RM-1 district, the minimum lot area required per dwelling unit is as follows, provided that, 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:
(.a) A minimum 240 sq. ft. of lot area is required per dwelling unit for the first 1,440 sq. ft. of lot area.
(.b) A minimum of 320 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,440 sq. ft
[2] In the CMX-1 and CMX-2 districts, a minimum of 320 sq. ft. of lot area is required per dwelling unit, provided that whenever the calculation of the 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.
[3] In the CMX-2.5 district, the minimum lot area required per dwelling unit is as follows, provided that, whenever the calculation of the 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.
(.a) A minimum of 240 sq. ft. of lot area is required per dwelling unit for buildings less than or equal to 45 ft. in height.
(.b) A minimum of 180 sq. ft. of lot area is required per dwelling unit for buildings greater than 45 ft. in height.
District Name | RSD-1/2/3; RSA-1/2/3/4/5 | RTA-1 | RM-1 | CMX-1/2 | CMX-2.5 | RM-2/3/4, RMX-1/2/3, CMX-3/4/5, IRMX, SP-ENT | CA-1/2, ICMX, I-1/2/3/P, SP-INS/STA/ PO-A/PO-P/AIR |
Y = Yes permitted as of right | N = Not allowed (expressly prohibited) See § 14-533(3)(e) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. | |||||||
Residential Use Category
| |||||||
Household Living (as noted below) | |||||||
Single-Family | Y | Y | Y | Y | Y | Y | N |
Two-Family | N | Y | Y | Y | Y | Y | N |
Multi-Family | N | N | Y [1] | Y [2] | Y [3] | Y | N |
Notes
| 587.1 | |
| 588 | Added and subsequent subsections renumbered, Bill No. 230323 (approved June 21, 2023). |
| 589 | Enrolled bill referenced "§ 14-702(7)(.1)(.a)"; reference corrected by Code editor. |
| 590 | Amended, Bill No. 230323 (approved June 21, 2023). |
The maximum occupied area, height limit, and maximum floor area ratio are as indicated in Tables 14-533-2, 14-533-3, and 14-533-4. All other development standards are as indicated elsewhere in the Zoning Code.
(a) Notes for Table 14-533-2.
[1] Maximum occupied area is as indicated in § 14-701 (Dimensional Standards).
[2] Maximum occupied area is as indicated in Chapter 14-400 (Base Zoning Districts).
District Name | RSD-1/2/3, RSA-1/2/3/4/5, RTA-1, RM-1/2, RMX-3, CMX-1/2.5/4/5, CA-1/2 ICMX, 1-1/2/3/P | RM-3 | RM-4, CMX-2/3 | RMX-1 | RMX-2 | IRMX | SP-INS/ENT/ PO-A/PO-P/AIR |
See § 14-533(4)(a) (Notes for Table 14-533-2) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. | |||||||
Lot Dimensions
| |||||||
Max. Occupied Area (% of lot) | [1] | 75 | Intermediate: 85 Corner: 90 | 65 | 85 | Intermediate: 75 Corner: 80 | [2] |
(b) Notes for Table 14-533-3.
[1] In the IRMX zoning district, the following regulations shall apply:
(.a) For any lot frontage facing a street 35 ft. or less in width, the first 8 ft. of lot depth shall have a maximum building height of 38 ft. and the second 8 ft. of lot depth shall have a maximum building height of 75 ft.;
(.b) If an industrial use accounts for a floor area equal to at least fifty percent (50%) of the ground floor area, the property may exceed the maximum occupied area set forth in the table or the maximum height set forth in the table, the maximum height shall be 79 ft., subject to compliance with (.a) above, and subject to a maximum occupied area as a percentage of the lot of fifty percent (50%) for intermediate lots and fifty five percent (55%) for corner lots for those portions of the building above 67 ft. in height.
[2] Height maximums are as indicated in Table 14-701-4: Dimensional Standards for Industrial Districts.
[3] Height maximums are as indicated in Chapter 14-400 (Base Zoning Districts).
District Name | RSD-1/2/3, RSA-1/2/3/4/5, RTA-1, CA-1/CA-2 | RM-1, CMX-1/2 | CMX-2.5 | RM-2/3/4, RMX-1/2/3, CMX-3/4/5 | IRMX | ICMX, 1-1/2/3/P | SP-INS/ENT/ PO-A/PO-P/AIR |
See § 14-533(4)(b) (Notes for Table 14-533-3) for information pertaining to bracketed numbers (e.g., "[2]") in table cells. | |||||||
Denotes zoning requirements not applicable. | |||||||
Height
| |||||||
Maximum (ft.) | 38 | 45 | 62 | [1] | [2] | [3] | |
(c) Notes for Table 14-533-4.
[1] The maximum floor area ratio is for the district area, excluding streets
[2] The maximum floor area ratio is subject to the provisions of §14-701(5) (CMX-4 and CMX-5 Bulk and Massing Controls)
[3] The maximum floor area ratio for lots zoned CMX-5 located within the boundaries of the Center City/University City Floor Area Ratio Map (as shown in §14-701(3)(a)[2]) is increased to two thousand percent (2,000%) of lot area. Such lots shall not be subject to the provisions of §14-513(5)(a)(.2).
[4] The maximum floor area ratios are as indicated in Table 14-701-4: Dimensional Standards for Industrial Districts.
[5] The maximum floor area ratios are as indicated in Chapter 14-400 (Base Zoning Districts).
District Name | RSD-1/2/3, RSA-1/2/3/4/ 5, RTA-1, RM-1, CMX-1/2/2.5 CA-1/CA-2 | RM-2 | RM-3 | RM-4 | RMX-1 | RMX-2 | RMX-3, CMX-3 (except within /TOD), IRMX | CMX-3 (within /TOD) | CMX-4 | CMX-5 | ICMX, 1-1/2/3/P | SP-INS/ ENT/ POA/ PO-P/ AIR |
See § 14-533(4)(c) (Notes for Table 14-533-4) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells. | ||||||||||||
Denotes zoning requirements not applicable. | ||||||||||||
Floor Area Ratio
| ||||||||||||
Maximum FAR (% of lot area, except as otherwise provided) | 120 | 225 | 525 | 225 [1] | 375 [1] | 750 | 800 | 750 [2] | 1,600 [2][3] | [4] | [5] | |
Notes
| 591 |
The minimum required parking spaces for household living is as indicated in Table 14-533-5. All other parking and loading standards are as indicated elsewhere in the Zoning Code.
RSD-1/2/3 RSA-1/2/3/4/5 RTA-1 RM-1 CMX-1/2/2.5 | RM-2/3/4 RMX-2/3 CMX-3/4/5 IRMX | RMX-1
| |
Household Living | 0 | 2/10 units | 2/3 units |
Affordable dwelling and sleeping units required shall be provided under the following standards. For the purposes of this section, a household shall consist of every person who lives or intends to live in the unit, regardless of age, dependency status, or relationship. The imputed household size for determining unit affordability and occupancy requirements of this section shall be equal to 1.5 people per each bedroom in the unit, except for studios, efficiencies, and sleeping units for which the imputed household size is 1 person.
(a) Affordable rental units shall:
(.1) Have total monthly costs (including rent and utility costs) that do not exceed thirty percent (30%) of gross monthly income for households earning up to forty percent (40%) of the Area Median Income (AMI), adjusted for household size, as reported by the U.S. Department of Housing and Urban Development (HUD) for the Philadelphia Metropolitan Statistical Area;
(.2) Be occupied by households earning up to forty percent (40%) of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of the household's initial occupancy of the unit; and
(.3) At no time be occupied by households earning greater than eighty percent (80%) of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area; provided that, in the event the income of a tenant is found by the Department of Planning and Development to exceed the maximum income provided for by this subsection (.3), a rental unit shall nonetheless be deemed in compliance with this subsection (.3), until the first expiration of a lease occurring after the tenant's income first exceeded the maximum permitted by this subsection (.3). In such event, the owner or their property manager may raise rent on the existing household's unit at the owner or their property manager’s discretion, taking into account any applicable laws, rules, or policies regarding rent increases, provided that the owner or their property manager must make the next available unit of comparable size available to a new income-qualified household.
(b) Affordable owner-occupied units shall:
(.1) Have a maximum sale and resale price, during the term of affordability, calculated on the basis of a down payment of no more than five percent (5%) of the purchase price, a fixed rate 30 year mortgage, consistent with the average monthly rate published from time to time by Freddie Mac, and total monthly costs (including mortgage principal and interest, property taxes, property insurance, and condominium or homeowner association fees) that do not exceed thirty percent (30%) of gross monthly income for households earning up to sixty percent (60%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area;
(.2) Be sold to one or more members of a household with household earnings up to sixty percent (60%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of sale; and
(.3) Be the principal residence of at least one person who owned the unit during the period of affordability.
(d) Applicants shall be encouraged to partner with community development corporations and other community-based organizations in developing and executing plans for marketing units and evaluating the qualifications of potential occupants.
(e) Compliance check, remedies, and regulations of § 14-702(7)(d) through (g) shall apply.
Any development shall be subject to the requirement that no zoning permit shall be issued unless an applicant has met with Registered Community Organizations (“RCOs”) whose boundaries include the applicant's property to present a Marketing and Occupancy Plan and an Economic Opportunity Plan, in accordance with subsections (a) through (c), below; has subsequently filed the Plans with either a division of the Department of Commerce responsible for monitoring participation by minority, women, and disabled-owned businesses or any other City agency designated by the Mayor; and has subsequently made available a copy of the Plans to the RCOs.
(a) A Marketing and Occupancy Plan shall describe how the permit applicant will market and occupy affordable and market-rate units within the development.
(b) An Economic Opportunity Plan shall include a description of all efforts to be taken to foster meaningful and representative opportunities for participation by M/W/DSBEs and an appropriately diverse workforce in connection with the project. Such description shall include certification and documentation of any and all actions taken with respect to solicitation and other activities as set forth in subsections (1)(d)(.3)(.a) through (.c) of Section 17-1603 of the Code (“Economic Opportunity Plan: Contents”); a statement of past practices to develop diversity at any and all levels of the organization, as described in subsection (1)(f) of Section 17-1603; and a statement of equity ownership, as described in subsection 17-1603(1)(g)(.2); provided that the requirements of Chapter 17-1600 shall not otherwise apply to this § 14-533.
(c) The applicant must meet the applicable requirements of § 14-303(12) (Neighborhood Notice and Meetings), regardless of whether those provisions would otherwise apply. The applicant may fulfill the requirement of meeting with RCOs in this subsection (c) by presenting such Plans at the Neighborhood Meeting required under § 14-303(12).
(d) L&I and the Commission are authorized to promulgate such regulations as are necessary and appropriate to implement the provisions of this section.
Bonuses available under the provisions of § 14-702(7) (Mixed Income Housing) may be earned only where a Residential Housing Project meets the requirements of § 14-702(7)(b) in addition to, and not including, any dwelling units, sleeping units, and payments in-lieu provided pursuant to the requirements of this § 14-533.
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