§ 14-534. /AHP, Affordable Housing Preservation Overlay District. 592

 

Notes

592	Added, Bill No. 210778-AA (became law March 24, 2022); amended, Bill No. 220007 (became law October 6, 2022); amended, Bill No. 220921 (approved January 10, 2023).

(1) Applicability.

The Affordable Housing Preservation Overlay District shall apply to any lot that is, or as of March 23, 2022 was:

(a)   Located in the area bounded by Filbert Street, 39th Street, Market Street and 40th Street;  593

(b)   A lot with frontage on Market Street, 39th Street, and Filbert Street;

(c)   Located in the area bounded by Market Street, 44th Street, Ludlow Street and 45th Street;

(d)   A lot with frontage on Market Street, 45th Street, and Ludlow Street; or

(e)   Located in the area bounded by Sansom Street, 45th Street, Walnut Street, and 46th Street.

 

Notes

593	Amended, Bill No. 230322 (approved June 21, 2023).

(2) Exceptions to Applicability for Properties with Qualified Low-Income Housing Developments.

(a)   Definition of Qualified Low-Income Housing Development.

For the purposes of this § 14-534, a Qualified Low-Income Housing Development is a housing development composed of forty or more dwelling units, all of which are under common ownership, located on the same lot as of March 23, 2022, and are leased or intended to be leased to households for occupancy as their primary residences, where all of the following conditions apply:

(.1)   More than fifty percent (50%) of the dwelling units are leased to or reserved for households earning up to fifty percent (50%) of the Area Median Income, adjusted for household size, as reported by the U.S. Department of Housing and Urban Development (HUD) for the Philadelphia Metropolitan Statistical Area;

(.2)   The average monthly costs (including rent and utilities) across the entire housing development at issue does not exceed thirty percent (30%) of gross monthly income for households earning up to sixty percent (60%) of the Area Median Income (AMI), adjusted for average household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area;

(.3)   The property is deed restricted to maintain the affordability provisions of subsections (2)(a)(.1) and (.2), above, for at least 50 years following any application for zoning permits for the property that include a use that falls within an Office Use Category or Industrial Use Category as certified by affidavit and by submission of a copy of that deed restriction at the time of zoning permit application.

(b)   For any lot that contains a Qualified Low-Income Housing Development, subsections (3) and (5) of this § 14-534 do not apply to entirely nonresidential structures, provided that the Qualified Low-Income Housing Development has been maintained with the same number of total bedrooms that were in existence as of March 23, 2022, as certified by affidavit submitted at the time of zoning permit application.

(3) Use Regulations.

Uses other than residential uses or required off-street parking may only be located on the ground floor of a building.

(4) Applicability of /MIN, Mixed Income Neighborhoods Overlay District.

For any property located within both the Affordable Housing Preservation Overlay District, and the § 14-533 (/MIN, Mixed Income Neighborhoods Overlay District) as described in Bill No. 210633-A:

(a)   Notwithstanding the effective date of Bill No. 210633-A, the provisions of § 14-533 (/MIN, Mixed Income Neighborhoods Overlay District), § 14-303(8)(a), § 14-513(5)(b)(.2), § 14-702(7)(a)(.1)(.a)(iii), § 14-702(7)(a)(.2)(.a)(iii), and § 14-702(7)(i), all as set forth in Bill No. 210633-A, shall be effective immediately; and

(b)   Notwithstanding § 14-533(3)(b)(.1) - (.4) and § 14-533(6)(c), all affordable dwelling units and sleeping units shall be provided and maintained on the same site as all other dwelling units. No offsite options or payment in lieu of providing onsite affordable housing shall be permitted to satisfy the affordability requirements of § 14-533(3)(a) or § 14-533(3)(b).

(5)   Bonuses.

Eligibility for floor area and dwelling unit density bonuses shall be limited as follows:

(a)   Where otherwise permitted, a lot shall be eligible to earn Mixed Income Housing bonuses, provided that:

(.1)   It may only do so through the inclusion of affordable units on-site in a quantity that satisfies § 14-702(7)(b)(.1); and

(.2)   If located within the /MIN, Mixed Income Neighborhoods Overlay District, it is subject to the conditions of § 14-533(8);

(b)   Where otherwise permitted, a lot shall be eligible to earn floor area bonuses by meeting the conditions of § 14-702(6) (Public Space), § 14-702(8) (Transit Improvements), § 14-702(9) (Underground Accessory Parking), or any combination of these three, provided that these bonuses may only be earned where a Mixed Income Housing bonus is also earned;

(c)   Where otherwise permitted, a lot shall be eligible to earn floor area bonuses by meeting the conditions of § 14-702(5) (Public Art), § 14-702(10) (Green Building or Site), or both, provided that these bonuses may only be earned where each of the three bonuses listed in (b), above, is also earned; and

(d)   Where otherwise permitted, a lot shall be eligible to earn a dwelling unit density bonus by meeting the conditions of § 14-702(16) (Green Roof), provided that this bonus may only be earned where a Mixed Income Housing bonus is also earned.

(6)   Demolition.

(a)   Temporary Demolition Moratorium.

Until March 13, 2023, no zoning permit shall issue for a complete demolition of any building being used for a residential purpose, whether in whole or in part, that is located on a lot with a Lot Area greater than 19,999 square feet or contiguous lots with a total Lot Area greater than 19,999 square feet, in either case within the /AHP Overlay.

(b)   Building Requirements to Prevent Vacant Lots.

No zoning or building permit shall be issued for the demolition of a principal building located within the /AHP Overlay 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.

(c)   Exceptions.

The provisions of subsection (6)(a) and (b) shall not apply if:

(.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.

(d)   Relationship With Other Ordinances.

The provisions of this subsection (6) supersede any other limitations or authorizations related to the demolition of any building located within the /AHP Overlay District.

(7)   Severability.

If any paragraph, subsection, clause, provision, or exception of this Section shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Section as a whole or any part thereof. It is the intention of City Council that the remainder of this Section would have been adopted as if such invalid paragraph, subsection, clause, provision, or exception had not been enacted.

§ 14-535. /YOD, Yorktown Neighborhood Overlay District. 594

 

Notes

594	Added, Bill No. 220661 (approved November 30, 2022).

(1) Applicability.

The Yorktown Neighborhood Overlay District shall consist of all residentially-zoned lots within the area bounded by Girard Avenue, 13th Street, Cecil B. Moore Avenue, and 9th Street.

(2) Height Regulation.

(a)   The maximum height shall be equal to the height of the tallest building located on any abutting lot.

(b)   If there is no abutting lot, no building on any abutting lot, or the tallest building located on any abutting lot has a height greater than 38 feet, the maximum height shall be as otherwise indicated in this Zoning Code.

(c)   Any building that is 25 feet or less in height shall contain no more than two stories.