Loading...
(a) Satellite dish antennas up to one meter in diameter are permitted as accessory uses in all Residential, CMX-1, CMX-2, and CMX-2.5 zoning districts.
(b) Satellite dish antennas up to three meters in diameter, are permitted as accessory uses in all CMX-3, CMX-4, CMX-5, CA-1, CA-2, Industrial, SP-INS, SP-ENT, and SP-STA zoning districts.
For the purposes of this § 14-604(9), an agricultural structure shall mean a structure used to grow food or non-food crops, including, but not limited to, high tunnels, cold frames, hoop houses, and green houses. L&I shall not require a zoning permit for an accessory agricultural structure erected for 180 or fewer days. All accessory agricultural structures are subject to compliance with the following:
(a) An accessory agricultural structure erected for 180 or fewer days (1) is permitted only in a side or rear yard, provided that the structure is set back at least 20 ft. from side and rear lot lines and (2) shall not exceed 18 ft. in height.
(b) An accessory agricultural structure erected for more than 180 days must comply with the requirements of this Zoning Code.
(a) General.
A home occupation is conducted as an accessory use in a residential dwelling unit. The standards of this section are intended to ensure that home occupations will not be a detriment to the character and livability of the surrounding neighborhood. The regulations recognize that many types of work can be done in a home with little or no effect on the surrounding neighborhood.
(b) Categories of Home Occupations.
Three categories of home occupations are recognized and are set forth in § 14-604(10)(b)(.1) through § 14-604(10)(b)(.3), below. Each category of home occupation is permitted in accordance with Table 14-604-1. Where a home occupation does not meet one of the categories provided in § 14-604(10)(b)(.1) through § 14-604(10)(b)(.3), below, it is prohibited by this Zoning Code in all zoning districts. All permitted home occupations shall comply with the standards provided in § 14-604(10)(d) (Standards).
A home occupation conducted solely by the residents of the dwelling unit without the employment of other persons. All sales, services or work that requires the presence of a partner, employee, or customer shall take place off the premises. Accessory signs are prohibited.
(.2) Home business, Professional.
A home occupation for a doctor of medicine, osteopathy, dentistry, chiropractic, optometry or podiatry; minister; lawyer; licensed psychologist; or architect. Each professional home business is permitted one regularly-employed assistant on the premises. Nonresident partners and colleagues shall not visit the premises to engage in the occupation.
(.3) Home business, General.
A home occupation, other than professional home businesses, where nonresident partners, employees, or customers visit the premises to engage in the occupation. Up to three persons (including one permitted employee) who are not residents of the dwelling unit in which the home business is conducted may be present on the premises at any one time in connection with the home business.
{For printable PDF version, click HERE}
Home Occupation Category
|
RSD Districts
|
RSA Districts
|
RTA Districts
|
RM Districts
|
RMX Districts
|
All other districts
|
Y = Yes permitted as of right | S = Special exception approval required N = Not allowed (expressly prohibited) | ||||||
Home office | Y | Y | Y | Y | Y | Y |
Home business, professional | N | Y | Y | Y | Y | Y |
Home business, general | N | N | N | S | S | Y |
(c) Permitted Uses.
(.1) Permitted home occupations are restricted to the following uses:
(.a) Business and professional offices;
(.b) Sole medical, dental, and health practitioners;
(.c) Business support services;
(.d) Financial services;
(.e) Personal services, limited to individual instruction of music, and individual tutoring services; and 709
(.f) Artist studios and artisan industrial.
(.2) Regulated uses, as set forth in § 14-603(13) (Regulated Uses), are expressly prohibited as home occupations.
(d) Standards.
A dwelling unit may be used for one home occupation subject to compliance with all of the following minimum requirements:
(.1) The owner of the home occupation shall reside in the dwelling unit in which the home occupation is located.
(.2) Home occupations must be accessory and secondary to the use of a dwelling unit for residential purposes.
(.3) No more than one off-street parking space shall be permitted for the home occupation.
(.4) Home occupations may not result in changes to the residential character of the residential building in which it is located. No separate building entrance that is visible from the street may be added to the residential building for the sole use of the home occupation.
(.5) Home occupations may not adversely affect the residential character of the neighborhood. Home occupations may not, for example, produce noise, vibration, glare, odors, parking/loading demands, traffic, or other effects that unreasonably interfere with any person's enjoyment of their residence.
(.6) The home occupation and all related activities must be conducted within a completely enclosed principal or accessory building.
(.7) Truck deliveries or pick-ups of supplies or products associated with a home occupation are allowed only between the hours of 8:00 a.m. and 7:00 p.m. Deliveries and pick-ups shall be limited to parcel and small freight carriers.
Notes
| 707 | Amended, Bill No. 140831-A (approved February 11, 2015). |
| 708 | Amended, Bill No. 140831-A (approved February 11, 2015). |
| 709 | Amended, Bill No. 140831-A (approved February 11, 2015). |
| 710 | Amended, Bill No. 190253 (approved July 24, 2019). |
(a) Purpose.
(.1) Accessory dwelling units help advance City policies by:
(.a) accommodating new housing units while preserving the character of existing neighborhoods;
(.b) allowing efficient use of the City's existing housing stock and infrastructure;
(.c) providing housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs;
(.d) providing a means for residents – particularly seniors, single parents, and empty-nesters – to remain in their homes and neighborhoods, and obtain extra income, security, companionship, and assistance; and
(.e) accommodating a broader range of accessible and more affordable housing.
(.2) The accessory dwelling unit regulations of this section are intended to help promote the benefits of accessory dwelling units, while also preserving neighborhood character and promoting predictability and certainty for established neighborhoods.
(b) General.
Accessory dwelling units are subject to all applicable regulations of the zoning district in which they are located, except as otherwise expressly stated in this section.
Accessory dwelling units are allowed only on lots occupied by a single-family use contained in a detached or semi-detached building in the permitted areas described in § 14-604(11)(d) (Permitted Areas), except within historic structures (as described in subsection (d)(.1) below), where accessory dwelling units are also permitted on lots occupied by a single-family use contained in an attached building. Accessory dwelling units must be located within the interior of the principal building or within the interior of a detached accessory building, such as detached garages, that are in existence as of the effective date of this Zoning Code.
(.1) Historic Structures.
Accessory Dwelling Units are permitted within any building or structure that, pursuant to Chapter 14-1000, has been designated as historic; or that is located in a district that has been designated as historic and that contributes, in the Historical Commission's opinion, to the character of such district.
In the RSA-5 and CMX-1 districts, an accessory dwelling unit is permitted, provided that:
(.a) The area of the lot is a minimum of 1,600 sq. ft.; and
(.b) No more than one dwelling unit is otherwise permitted.
(e) Owner Occupancy.
The principal dwelling unit or the accessory dwelling unit must be occupied by the owner of the subject lot. Before final occupancy of the accessory dwelling unit, the property owner shall record an affidavit and deed restriction, stating that the property owner will reside on the property, in either the principal or accessory dwelling unit. Once recorded, the deed restriction (requiring owner occupancy) may not be removed or modified without Zoning Board approval.
(f) Number.
No more than one accessory dwelling unit is allowed per lot.
(g) Density (Minimum Lot Area per Unit).
No additional land area is required for the accessory dwelling unit beyond the minimum lot size required in the subject zoning district.
Only one entrance to a building containing an accessory dwelling unit may be located on the front facade that faces a street, unless the building contained an additional street-facing entrance before the accessory dwelling unit was created.
The floor area of an accessory dwelling unit may not exceed 800 sq. ft., except in historic structures (as described in subsection (d)(.1) above).
Notes
| 711 | Amended, Bill No. 190612 (approved November 6, 2019), effective January 1, 2020. |
| 712 | Amended, Bill No. 190612 (approved November 6, 2019), effective January 1, 2020. |
| 713 | |
| 714 | Amended, Bill No. 210075 (approved March 29, 2021). |
| 715 | Amended, Bill No. 190612 (approved November 6, 2019), effective January 1, 2020. |
The following standards apply to accessory trash and recycling storage areas in all Commercial districts:
(a) The total area of trash and recycling storage areas may not exceed twenty-five percent (25%) of the gross floor area in the principal structure.
(b) The maximum height regulations of the subject zoning district apply to accessory trash and recycling storage areas.
(a) General.
Limited Lodging is the accommodation of visitors conducted by the primary resident of the dwelling unit, the main use of which is for household living, and where the provision of lodging to any particular visitor is for no more than thirty (30) consecutive days. For purposes of this subsection, the primary resident shall mean either (i) a natural person who is the owner of the dwelling unit, and is entitled to a homestead exclusion pursuant to Code Section 19-1301.2 for such dwelling unit; or (ii) a renter (a) who is a natural person and lives in the dwelling unit as the renter's primary domicile for more than half of the year and (b) who is authorized in writing by the owner to provide limited lodging. Use as Limited Lodging is subject to the applicable licensing and other requirements set forth in Section 9-3909 ("Limited Lodging Operator License").
(b) Standards.
A dwelling unit may be used for limited lodging subject to compliance with all of the following minimum requirements:
(.1) The dwelling unit shall remain as a household living unit with housekeeping facilities in common, but not to allow for occupancy by more than three persons (including the owner and lodgers) who are unrelated by blood, marriage, adoption, or foster-child status, or are not Life Partners.
(.2) Limited lodging must be accessory and secondary to the use of a dwelling unit for residential household living purposes.
(.3) Limited lodging may not result in changes to the residential character of the residential building in which it is located. No separate building entrance that is visible from the street may be provided for the sole use of the limited lodging.
(.4) The limited lodging may not adversely affect the residential character of the neighborhood. Limited lodging may not, for example, generate noise, vibration, glare, odors, or other effects that unreasonably interfere with any person's enjoyment of his or her residence.
(.5) Accessory signs are prohibited.
(.6) Guests of lodgers shall be allowed only between the hours of 8:00 a.m. and 12:00 a.m.
(.7) Smoke alarms and carbon monoxide alarms shall be installed throughout the dwelling unit per the Philadelphia Fire Code.
(.8) Lodgers shall be notified of the trash and recycle collection days for the property and any applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property. Proper containers shall be provided for the lodgers.
(.9) Lodgers shall be notified that excessive noise is prohibited per Chapter 10-400 717 of The Philadelphia Code and such violators shall be subject to fines and penalties.
(.10) The primary resident conducting the limited lodging shall maintain records for a minimum of one (1) year demonstrating primary residency (either entitlement to a Homestead Exemption or, for a renter, residence for more than half the year); the dates of limited lodging and the number of lodgers. Such records shall be made available upon request of any officer of the City responsible for enforcement of any provision of The Philadelphia Code pertaining to the use and occupancy of the dwelling for limited lodging purposes.
(.11) The owner or his/her designee shall provide contact information to the limited lodgers for the purpose of responding to complaints regarding the condition, operation or conduct of the occupants of the dwelling and have the responsibility to take action to resolve such complaints.
(.12) All limited lodging is subject to the Fair Practices Ordinance, Chapter 9-1100.
Notes
| 716 | |
| 717 | Enrolled bill read "§ 10-400". |
The following standards apply to balconies:
(a) Balconies are permitted in all residential districts, commercial mixed-use districts, and the IRMX district. 719
(b) Balconies shall be located at least 10 ft. above the average ground level and shall not be located above the highest floor level of the building, and shall not be an extension of the roof of a structure.
(c) Balconies may extend from the building line or be set back from the building line at the floor level of the building.
(d) Balconies shall not extend more than 4 ft. from the building line at the floor level of the building.
(e) Balconies are prohibited in the required front, side, and rear yards, except in the RM-2, RM-3, RM-4, RMX-3, CMX-3, CMX-4, CMX-5, and IRMX districts, where balconies may extend into the required yard area. 720
(f) A parapet, balustrade, railing, or other guard shall be located at the front of any balcony and at the sides of any balcony extending beyond the building line. The height of such guard shall be limited to a maximum of 48 in. above the floor of the balcony along the front of the balcony; minimum height shall be as provided in The Philadelphia Building Code. In no case may the front of the balcony be fully enclosed.
Notes
| 718 | Added, Bill No. 150502-AA (approved December 23, 2015). |
| 719 | Amended, Bill No. 161003-A (approved May 8, 2017). |
| 720 | Amended, Bill No. 161003-A (approved May 8, 2017). |