(2) Body Art Service.

A body art services establishment is subject to applicable regulations set forth in subsection 6-402(11) of The Philadelphia Code (The Health Code).

(3) Retail Sales of Building Supplies and Equipment. 668

For retail sales of building supplies and equipment, outdoor storage of supplies, equipment, or inventory is allowed in Commercial districts provided that:

(a)   outdoor storage areas may not be located in any required front setback area; and

(b)   outdoor storage areas are screened from view from all public streets and from any abutting properties in residential use through the use of opaque materials, except chain link fencing with inserts, that are at least as tall as the materials being screened.

 

Notes

668	Amended, Bill No. 210075 (approved March 29, 2021).

(4) Cemetery.

No cemetery or place for burial may be erected, kept, maintained, or established within the City unless:

(a)   It was established and in use for such purpose on May 25, 1866; or

(b)   It was specifically authorized by prior ordinance.

(5) Child Care. 669

(a)   Family Child Care.

(.1)   A family child care use must be located in a single-family or two-family residence and is permitted to occupy the same lot as the residence as another principal use. The family child care use must be operated by the resident owner of the residence or a resident tenant authorized by the owner. 670

(.2)   Family child care uses are limited to providing care to a maximum of six children, or, if approved by special exception, twelve children, except within "Area 3" as defined below family child care uses are limited to providing care to a maximum of six children; and within "Area 1" and "Area 2", as defined below and shown on the following two maps for illustrative purposes only, family child care uses are limited to providing care to four or fewer children. 671

(.a)   Area 1: Forty-first Ward: All Divisions; Forty-fifth Ward: Divisions 1-6; 12; 15; 20; 23; 25; Fifty-fourth Ward: Divisions 7-22; Fifty-fifth Ward: All Divisions; Fifty-seventh Ward: All Divisions; Sixty-second Ward: Divisions 17; 21-22; 24-26; Sixty-fourth Ward: All Divisions; Sixty-fifth Ward: All Divisions. 672

(.b)   Area 2: Fifty-sixth Ward: All Divisions; Fifty-eighth Ward: All Divisions; Sixty-third Ward: All Divisions; Sixty-sixth Ward: All Divisions. 673

(.c)   Area 3: All lots within the 9th Councilmanic District. 674

(b)   Group Child Care. 675

(.1)   Group child cares in RSD districts shall be permitted only if accessory to a principal or accessory building used as an educational facility, hospital, library and cultural exhibit, religious assembly, or recreation building, provided that within "Area 1" and "Area 2", as defined in § 14-603(5)(a)(.2), above, the building must be publicly-owned or operated.

(.2)   For all lots zoned RSA-5, Single-Family Residential, located in "Area 3" as defined in § 14-603(5)(a)(.2)(.c), group child care is prohibited.

(c)   Child Care Center. 676

Child care centers in RSD, RSA, RTA, and RM districts shall be permitted only if accessory to a principal or accessory building used as an educational facility, hospital, library and cultural exhibit, religious assembly, or recreation building, provided that within "Area 1" and "Area 2", as defined in § 14-603(5)(a)(.2), above, the building must be publicly-owned or operated.

Family Child Care Area 1 (Applies to all lots) 677

{For printable PDF version of image, click HERE}

Family Child Care Area 2 (Applies to all lots) 678

{For printable PDF version of image, click HERE}

 

Notes

669	Amended, Bill No. 190253 (approved July 24, 2019).
670	Amended, Bill No. 120781 (approved November 27, 2012).
671	Amended, Bill No. 120781 (approved November 27, 2012); amended, Bill No. 170959 (approved January 23, 2018).
672	Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 140646 (approved November 12, 2014).
673	Amended, Bill No. 140646 (approved November 12, 2014).
674	Added, Bill No. 170959 (approved January 23, 2018).
675	Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 170959 (approved January 23, 2018).
676	Amended, Bill No. 120774-A (approved January 14, 2013).
677	Amended, Bill No. 140646 (approved November 12, 2014).
678	Amended, Bill No. 140646 (approved November 12, 2014).

(6) Take-Out Restaurants.

The following regulations apply to all take-out restaurants that require special exception approval:

(a)   In addition to any otherwise required application materials, applicants for take-out restaurants must submit a litter clean-up plan that addresses on- and off-site litter clean up, the location of trash and recycling containers, a litter clean-up schedule and a map of the off-site clean-up area.

(b)   In acting on special exception applications for take-out restaurants, the Zoning Board must, in addition to the normally required special exception procedures of § 14-303(7) (Special Exception Approval), find that the proposed location of the take-out restaurant will not result in adverse impacts upon the vicinity after giving consideration to a litter clean-up plan, the hours of operation, and the site plan.

(c)   In acting to approve special exception applications for take-out restaurants, the Zoning Board is expressly authorized to require that the premises be posted with signs stating that the consumption of foods or beverages on the lot must occur inside the principal building. The Zoning Board is also authorized to require that the name and address of the establishment be printed on all disposable food and beverage containers.

(7) Vehicle Repair and Maintenance. 679

The following regulations apply to personal vehicle repair and maintenance uses and commercial vehicle repair and maintenance uses:

(a)   Vehicles being repaired or undergoing maintenance shall be stored on the lot and completely within the property lines.

(b)   Vehicles shall not be parked or stored for more than 14 consecutive days, except if:

(.1)   A vehicle is abandoned by its lawful owner prior to or during the repair process and the owner or operator of the establishment can demonstrate that steps have been taken to obtain legal title to the vehicle, provided the vehicle is removed from the site no later than three days after the legal process is complete; and

(.2)   The vehicle repair and maintenance use complies with the fencing requirements of Philadelphia Code Section 9-612, as though it were a junk and salvage yard.

(c)   Areas of the lot used for vehicle repair and maintenance, storage of vehicles being repaired or undergoing maintenance, and all accessways and driveways from the street shall be covered with a hard-top surface of cement concrete, bituminous concrete, or asphalt.

 

Notes

679	Amended, Bill No. 161003-A (approved May 8, 2017); amended, Bill No. 190313 (approved July 17, 2019); amended, Bill No. 210075 (approved March 29, 2021).

(8) Vehicle Fueling Station. 680

The use-specific standards of this subsection apply to all new service stations and to all additions to existing service stations that result in the addition of two or more fuel pumps or the addition of more than 1,500 sq. ft. of floor area or paved area.

(a)   The minimum required lot area is 10,000 sq. ft., with a minimum street frontage of 100 ft. These lot size requirements do not apply to remodeling or expansion of existing service stations.

(b)   The following activities are permitted in association with vehicle fueling station uses:

(.1)   sale and dispensing of engine fuels and lubricants;

(.2)   sale and installation of tires, batteries, automotive accessories, and replacement items;

(.3)   minor automotive maintenance and repair of personal vehicles that are conducted entirely indoors and do not include any body repair or painting services;

(.4)   other incidental customer services and products;

(.5)   sale of groceries and sundries;

(.6)   automatic or manual automobile washing, waxing, interior cleaning, and detailing services if such activities are conducted entirely indoors;

(.7)   sale of liquefied or pressurized butane, propane, or natural gas; and

(.8)   other accessory uses similar in nature to those listed.

(c)   Merchandise, material, and products for sale must be stored and displayed within an enclosed building, except that motor oil, tires, batteries, and other automotive supplies may be displayed at pump islands or within five ft. of the main building if the display or storage racks and containers are designed to appear as an integral part of the pump island or building exterior.

(d)   Outdoor storage of inoperable or unlicensed vehicles is prohibited.

(e)   Canopy and other outdoor lighting must comply with the regulations of § 14-707 (Outdoor Lighting).

(f)   Service stations are subject to the parking lot landscape screening requirements of § 14-803(5)(d) (Perimeter Screening from Public Streets) and § 14-803(5)(c), (Perimeter Screening From Abutting Residential District) as if the service station is a parking lot.

(g)   All driveways must be located and designed to ensure that they will not adversely affect motorized or nonmotorized traffic safety. Driveway spacing and circulation must comply with all applicable regulations of the Department of Streets.

(h)   Along any street frontage, a lot occupied by a service station, except for service stations with 300 or more lineal ft. of street frontage on any street located within the CA-1 and CA-2 Auto-Oriented Commercial Districts, shall have no more than one curb cut for both ingress and egress, the width of which shall not exceed 24 ft., or two one-way curb cuts, the width of which shall not exceed 12 ft., provided that the curb cuts shall not occupy more than fifty percent (50%) of the service station lot's street frontage. For properties with 300 or more lineal ft. of street frontage on any street, within the CA-1 or CA-2 District, curb cuts within the same property must be separated by a minimum of 100 ft., shall have a width of no more than 24 ft. per curb cut for curb cuts for both ingress and egress, shall have a width of no more than 12 ft. per curb cut for one-way curb cuts, and shall not exceed two curb cuts for every street frontage of the property. 681

 

Notes

680	Amended, Bill No. 150264 (approved June 16, 2015).
681	Amended, Bill No. 180424 (approved July 18, 2018).