(10) Parking, Non-Accessory.

The following regulations apply to all non-accessory parking uses that require special exception approval.

(a)   The applicant shall submit a pedestrian and vehicular traffic impact study that has been prepared by a licensed professional engineer, specializing in transportation, that demonstrates that the proposed parking facility:

(.1)   will not materially degrade the level of service at any signalized intersection within 400 ft. of the lot during any 15-minute period between the hours of 7:30 a.m. and 9:30 a.m. and 4:00 p.m. and 6:00 p.m. to an unacceptable level of congestion as determined by professional traffic engineering standards; or

(.2)   if the proposed parking facility will degrade the existing level of service to an unacceptable level, an abatement and/or mitigation plan demonstrating how any degradation in service will be mitigated has been approved by the Streets Department. The mitigation plan shall indicate any off-site public or private actions necessary for implementation.

(b)   The applicant shall submit a plan and/or evidence prepared by a licensed architect or licensed professional engineer indicating that the sight lines for the driver of any vehicle exiting the parking facility are such that a proper sight triangle across both sides of the sidewalk will exist so that the driver of any vehicle will be able to see pedestrians on the sidewalk adjacent to the driveway, before any part of the vehicle exits the lot.

(11) Personal Care Home.

Where the Pennsylvania Department of Public Welfare requires, personal care homes must comply with all applicable regulations of 55 Pa. Code Chapter 2600.

(12) Re-Entry Facility.

Re-entry facilities shall not be located:

(a)   Within 500 ft. of any Residential district, SP-INS district, or any protected use (See § 14-203(249) (Protected Use));

(b)   Within 1,000 ft. of any SP-ENT district.

(13) Regulated Uses.

(a)   Designation of Regulated Uses. 682

The following uses are designated as regulated uses:

(.1)   Adult-oriented merchandise;

(.2)   Adult-oriented service;

(.3)   Drug paraphernalia sales;  683

(.4)   Gun shops;

(.5)   Detention and correctional facilities; and

(.6)   Personal credit establishments.

(b)   Regulations and Standards.

(.1)   Separation Requirements.

No regulated use may be located:

(.a)   Within a zoning district where such use is not expressly allowed;

(.b)   Within 1,000 ft. of any other existing regulated use;

(.c)   Within 500 ft. of any Residential district or SP-INS district;

(.d)   Within 1,000 ft. of any SP-ENT zoning district; or

(.e)   Within 500 ft. of the nearest lot line of a lot containing any protected use (see § 14-203(249) (Protected Use)).

(.2)   Discontinuance of Operations.

If a regulated use ceases or discontinues operation for a continuous period of 90 days or more, the regulated use may not resume, or be replaced by any other regulated use unless it complies with the regulated use requirements of this section.

 

Notes

682	Amended and subsection (.10) deleted, Bill No. 150766 (approved December 8, 2015); amended and subsections (.7), (.8), and (.9) deleted, Bill No. 210078-A (approved April 28, 2021).
683	Amended, Bill No. 210159 (approved May 11, 2021).

(14) Stables.

(a)   Each stable structure (excluding fences) shall be located at least 500 ft. from each property line abutting a Residential district, and 50 ft. from the front lot line.

(b)   Each stable shall be subject to all other applicable ordinances and regulations of the City, including applicable regulations on stables set forth at Section 10-100 684 of The Philadelphia Code.

 

Notes

684	Editor's note: See Section 10-107 for stable regulations.

(15) Urban Agriculture.

(a)   General.

All urban agriculture uses are subject to the following standards:

(.1)   Sales are permitted on the same lot as the urban agriculture use or in locations where retail sales are an allowed use.

(.2)   The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property.

(b)   Community Gardens, Market and Community-Supported Farms.

The following standards apply to community gardens, and market and community-supported farms:

(.1)   For market and community-supported farm uses only: A fence or dense vegetative screen shall be provided along front, side, and rear lot lines that are adjacent to a Residential zoning district. The fence or dense vegetative screen must comply with the requirements § 14-706 (Fencing and Walls). If a fence is used, the fence shall be at least as finished in appearance as the side facing the applicant's use. Fencing shall be constructed of wood, welded wire, or ornamental metal; chain-link and barbed wire are prohibited as fencing material.

(.2)   Refuse and compost bins must be rodent-resistant and located as far as practicable from abutting residential uses. Refuse must be removed from the site at least once a week.

(.3)   Storage areas for tools and equipment must be enclosed and located as far as practicable from abutting residential uses.

(.4)   No outdoor work activity that involves power equipment or generators may occur between sunset and sunrise.

(c)   Animal Husbandry.

Animal husbandry is subject to applicable regulations on farm animals set forth at subsection 10-101(8) and Section 10-112 of The Philadelphia Code. Where Section 10-112 of The Philadelphia Code permits the keeping of farm animals, they must be fenced or enclosed as far as practicable from abutting residential uses.

(16) Wireless Service Facilities (Freestanding Towers).

Freestanding towers shall meet the following requirements:

(a)   Distance from Residential Dwelling Units.

(.1)   Towers in all Residential and CMX-1 districts shall not be located within 500 ft. of a lot line of any residential dwelling unit, provided that where a fall zone of greater than 500 ft. is required, the greater fall zone distance shall apply.

(.2)   Towers in all Commercial districts other than CMX-1 and in all Industrial districts shall not be located within 250 ft. of a lot line of any residential dwelling unit, provided that where a fall zone of greater than 250 ft. is required, the greater fall zone distance shall apply.

(b)   Minimum Lot Size.

New towers may be erected only on lots with a minimum area of 2,000 sq. ft.

(c)   Setback and Height Requirements.

Buildings and structures associated with a newly erected tower (excluding antennas and antenna towers or support structures) must comply with the setback and height requirements of the zoning district in which they are located.

(d)   Screening.

(.1)   A continuous evergreen screen must be provided around all newly erected towers. The screen may consist of a hedge or a row of evergreen trees. The evergreen screen must be a minimum of six ft. in width with a minimum height of six ft. at time of planting, with a minimum 15-foot height at maturity.

(.2)   All structures, buildings and equipment accessory to antennas placed on an existing structure that is not located within the existing structure must be screened with materials compatible with the existing structures, buildings, or equipment at the time of planting.

(.3)   The vegetative species to be used for required screening must be selected from a list of trees recommended by the Commission. If the Commission determines that existing structures, buildings, vegetation, topography, or other natural features achieve the same level of screening as required above and informs L&I in writing of this finding, the requirements of this subsection may be modified or waived.

(e)   Height Limit.

Ground- and building-mounted towers may not exceed the greater of 60 ft. in height above the average ground level at the base of the tower or building or the maximum building height allowed in the subject zoning district.

(f)   Fall Zone.

Within the lot where the facility is located, there shall be a fall zone around the entire tower whose radius is equal to the height of the tower at its highest point.

(g)   Fencing.

Unless located on an existing building, towers must be completely enclosed by a six-foot tall chain link or similar fence. The entire fence must be located behind the required landscape screen and the required setback.

(h)   Guy Wires.

All guy wires and guyed towers must be clearly marked so as to be visible at all times. All guy wires shall be a minimum of 10 ft. from a property line of the facility.

(i)   Lighting.

All lighting, other than required by the FAA, must be shielded and reflected away from abutting properties.

(j)   Special Exception Decision-Making Criteria.

In all locations in which freestanding towers require special exception approval, the applicant must:

(.1)   submit a definition of the area of service needed for coverage or capacity;

(.2)   submit information showing that the proposed facility would provide the needed coverage or capacity;

(.3)   submit a map showing all alternate sites from which the needed coverage could also be provided, indicating the zoning for all such sites;

(.4)   show why alternate sites that would not require special exception approval have not been proposed;

(.5)   demonstrate that existing facilities cannot accommodate the proposed antennas within the service area and that an existing public, community, or institutional facility cannot accommodate the proposed antennas within the service area;

(.6)   demonstrate that they cannot co-locate the antenna within the service area;

(.7)   demonstrate, by presenting technological evidence, that the tower must be located at the proposed site in order to satisfy the needs of the applicant's wireless grid system;

(.8)   allow other wireless service providers using similar technology to co-locate on the tower;

(.9)   demonstrate how the site will be designed to accommodate future multiple users; and

(.10)   demonstrate that the proposed tower will preserve the preexisting character of the surrounding buildings and land use as much as possible. All components of the proposed tower must be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on-site vegetation must be preserved or improved, and the disturbance of the existing topography must be minimized, unless such disturbance would result in less visual impact on the surrounding area; and

(.11)   demonstrate that the applicant has advertised in a newspaper of general circulation, at least 21 days prior to the public hearing, notice of the application, which shall, in addition to the information included on the posting notice, give notice of the pending hearing and of individuals rights to appear at the hearing to apprise the Zoning Board of their concerns regarding the proposed facility. This provision shall be satisfied by presenting to the Zoning Board, at the time of the public hearing, a copy of the newspaper containing the advertisement.