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Amending Section 14-500 of The Philadelphia Code, entitled “Overlay Zoning Districts” by combining the /FNE, Far Northeast Overlay District and the /NE, Northeast Overlay District into a new /TEN, Tenth District Overlay District and making related changes all under certain terms and conditions.
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 14 of The Philadelphia Code is hereby amended to read as follows:
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TITLE 14. ZONING AND PLANNING
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CHAPTER 14-500. OVERLAY ZONING DISTRICTS
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§ 14-505. /ENV, Environmental Preservation Overlay District.
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[(3) Fox Chase.
(a) Applicability.
The Fox Chase /ENV overlay district shall include the area bounded by Pennypack Creek, Pine Road, Shady Lane, and the Philadelphia-Montgomery County Line, generally known as Fox Chase Farm and shown on the following map for illustrative purposes only.
(b) Regulations.
The uses permitted in the Fox Chase /ENV overlay district shall be restricted to uses in the parks and open space use category, educational facilities and non-commercial urban agriculture uses.]
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[§ 14-514. /FNE, Far Northeast Overlay District.
(1) Boundaries.
The Far Northeast Overlay District applies to the 56th Ward, 58th Ward, 63rd Ward, and 66th Ward, as shown on the following map for illustrative purposes only
(2) Use Regulations.
(a) Commercial vehicle repair and maintenance, commercial vehicle sales and rentals, vehicle fueling station, personal vehicle repair and maintenance, personal vehicle sales and rentals, and vehicle paint finishing shop uses are prohibited within all lots zoned I-1 or I-2.
(b) In CA-2 districts, Visitor Accommodations is not permitted within 1,000 feet of a residential zoning district.
(c) Any use within the Code that qualifies for a special exception shall instead require a variance within this Overlay District.
(d) Any Medical Marijuana Dispensary as defined in § 14-601(6)(c)(.3) shall not include a person authorized to dispense marijuana for recreational or other non-medical purposes.
(3) Roof Decks.
Roof decks and roof deck access structures are prohibited in all residential, CMX-1, and CMX-2 zoning districts.
(4) Height Regulations.
In residential, CMX-1 and CMX-2 zoning districts, a building may neither exceed 35 ft. in height nor contain more than three stories.
(5) Minimum Lot Area.
(a) In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.1) At least seventy-five percent (75%) of lots adjacent to the lot to be divided are 1,000 sq. ft. or less;
(.2) Each of the lots created is used for one single-family attached home; and
(.3) Each of the lots created meets the minimum lot width requirement of the zoning district.
(b) In the CMX-2 district, the number of permitted dwelling units 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:
(.1) A maximum of two dwelling units are permitted for lots less than 1,440 sq. ft. in area;
(.2) A maximum of three dwelling units are permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and a minimum of 480 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,919 sq. ft.
(6) Accessory Dwelling Units.
Accessory dwelling units shall not be permitted.
(7) Bonuses.
Lots located in any residential, CMX-1 or CMX-2 zoning district shall not be eligible for any floor area, height or dwelling unit density bonus pursuant to § 14-702 of the Code ("Floor Area, Height, and Dwelling Unit Density Bonuses").
(8) Motor Vehicle Parking Ratios.
Notwithstanding the provisions of § 14-802(3), the minimum number of required parking spaces within CMX-1 and CMX-2 zoning districts shall be one space per dwelling unit.]
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§ 14-515. [/NE, Northeast Overlay District.
(1) Boundaries
The Northeast Overlay District applies to lots located within all divisions of the 56th Ward, 58th Ward, 63rd Ward, and 66th Ward, as shown for illustrative purposes only on the following Map.
(2) Use Regulations.
(a) Medical Dental and Health Practitioner (Solo Practitioner and Group Practitioner) uses are prohibited in CMX-1, CMX-2, CMX-2.5, CMX-3, CMX-4, CMX-5, CA-1, CA-2, IRMX, ICMX, I-1, and I-2 districts.
(b) Equipment and materials storage yards and buildings are prohibited on lots zoned I-1.
(c) Minimum Lot Area.
(.1) In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.a) At least seventy-five percent (75%) of lots adjacent to the lot to be divided is 1,000 sq. ft. or less;
(.b) Each of the lots created is used for one single-family attached home; and
(.c) Each of the lots created meets the minimum lot width requirement of the zoning district.
(.2) In the CMX-2 district, the number of permitted dwelling units 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 maximum of two dwelling units are permitted for lots less than 1,440 sq. ft. in area;
(.b) A maximum of three dwelling units are permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and a minimum of 480 sq. ft. of lot area is required per dwelling unit for the lot area in excess of 1,919 sq. ft.
(d) Accessory dwelling units shall not be permitted.
(3) Dimensional Standards.
On lots zoned I-1:
(a) The maximum occupied area shall be seventy-five percent (75%) of the lot.
(b) The maximum floor area ratio shall be two hundred twenty-five percent (225%) of the lot area.
(c) The minimum requirements for front yards, side yards, and rear yards shall be the largest of those required for abutting residential districts or the following requirements, whichever is greater:
(.1) The minimum front yard depth shall be 50 ft. if abutting a residential or SP-PO district, otherwise the minimum front yard depth shall be 20 ft.
(.2) Two side yards shall be provided with a minimum width of 50 ft. each if abutting a residential or SP-PO district, otherwise the minimum width of each side yard shall be 12 ft.
(.3) The minimum rear yard depth shall be 50 ft. if abutting a residential or SP-PO district, otherwise the minimum rear yard depth shall be at least 12 ft.] Reserved.
§ 14-514. /TEN, Tenth District Overlay District.
(1) Applicability.
The Tenth District Overlay District applies to lots located within District No. 10, as defined in Section 20-501 (Boundaries of Districts).
(2) Supplemental Use Regulations.
(a) Any use within the Code that qualifies for a special exception shall instead require a variance within this Overlay District.
(b) Accessory dwelling units shall not be permitted in any zoning district.
(c) CMX-1 District
In the CMX-1 district, a maximum of one dwelling unit is permitted. To promote active uses at the street level, buildings must contain a use other than residential and other than parking along one hundred percent (100%) of the ground floor frontage and within the first 30 ft. of building depth, measured from the front building line.
(d) CA-2 District
In the CA-2 district, Visitor Accommodations is not permitted within 1,000 feet of a residential zoning district. Where Visitor Accommodations are permitted, they may not be used to fulfill the commercial ground floor requirement in any commercial district.
(e) I-1 and I-2 Districts
(.i) In I-1 and I-2 districts, commercial vehicle repair and maintenance, commercial vehicle sales and rentals, vehicle fueling station, personal vehicle repair and maintenance, personal vehicle sales and rentals, and vehicle paint finishing shop uses are prohibited.
(.ii) In the I-1 district, equipment and materials storage yards and buildings uses are prohibited.
(e) Any Medical Marijuana Dispensary as defined in § 14-601(6)(c)(.3) shall not include a person authorized to dispense marijuana for recreational purposes or other non-medical purposes.
(f) Medical Dental and Health Practitioner, both Sole and Group Practitioners, are prohibited in all commercial and industrial zoning districts.
(g) Municipal Services Review Area
(.1) Tomlinson Road
The area bounded by Rennard Street, Audubon Avenue, Tomlinson Road, and Greiner Road
(.i) Within the SP-CIV zoning district, all uses either allowed or allowed with a special exception shall be prohibited except for Basic Utilities and Services, Water Treatment Facilities, and Government Office Uses.
(h) Environmental Protection Review Area
(.1) Fox Chase Farm
The area bounded by Pennypack Creek, Pine Road, Shady Lane, and the Philadelphia-Montgomery County Line.
(.i) All uses other than those in the Parks and Open Space use category, educational facilities, and non-commercial urban agriculture shall be prohibited.
(3) Development Standards.
(a) Roof Decks.
In all residential, CMX-1, and CMX-2 districts, roof decks and roof deck access structures are prohibited.
(b) Height Regulations.
In all residential, CMX-1, and CMX-2 districts, no building may exceed 35 ft. in height, nor contain more than three stories.
(c) Minimum Lot Area.
(.1) In the RSA-5 district, the minimum lot area shall be 1,440 sq. ft., except that a lot containing at least 1,600 sq. ft. of land may be divided into lots with a minimum lot size of 800 sq. ft., provided that:
(.i) At least seventy-five percent (75%) of lots adjacent to the lot to be divided are 1,000 sq. ft. or less;
(.ii) Each of the lots created is used for one single-family attached home; and
(.iii) Each of the lots created meets the minimum lot width requirement of the zoning district.
(.2) In the CMX-2 district, the number of permitted dwelling units 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:
(.i) A maximum of two dwelling units is permitted for lots less than 1,440
sq. ft. in area;
(.ii) A maximum of three dwelling units is permitted for lots that are 1,440 sq. ft. to 1,919 sq. ft. in area; and a minimum of 480 sq. ft. of lot area is required per dwelling unit for the lot area exceeding 1,919 sq. ft.
(d) I-1 District.
In the I-1 district:
(.1) The maximum occupied area shall be seventy-five percent (75%) of the lot.
(.2) The maximum floor area ratio shall be two hundred twenty-five percent (225%) of the lot area.
(.3) The minimum requirements for front yards, side yards, and rear yards shall be the largest of those required for abutting residential districts or the following requirements, whichever is greater:
(.i) The minimum front yard depth shall be 50 ft. if abutting a residential or SP-PO district, otherwise the minimum front yard depth shall be 20 ft.
(.ii) Two side yards shall be provided with a minimum width of 50 ft. each if abutting a residential or SP-PO district. Otherwise, the minimum width of each side yard shall be 12 ft.
(.iii) The minimum rear yard depth shall be 50 ft. if abutting a residential or SP-PO district. Otherwise, the minimum rear yard depth shall be at least 12 ft.
(e) Bonuses.
Lots located in any residential, CMX-1 or CMX-2 zoning district shall not be eligible for any floor area, height or dwelling unit density bonus pursuant to § 14-702 of the Zoning Code
(4) Parking.
Notwithstanding the provisions of § 14-802(3), the minimum number of required parking spaces within CMX-1 and CMX-2 zoning districts shall be one space per dwelling unit.
(5) Signs.
Reserved.
(6) Design Standards.
Reserved.
SECTION 2. This Ordinance shall become effective immediately.
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Explanation:
Italics indicate new matter added.
[Brackets] indicate matter deleted.
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