Title
Amending Section 14-601 of The Philadelphia Code, entitled “Use Categories”, Section 14-602, entitled “Use Tables”, and Section 14-603, entitled “Use-Specific Standards” by adding a definition to the retail sales use category for tobacco sales, making changes to the use tables to reflect the updated use category definition, and adding use-specific standards, all under certain terms and conditions.
Body
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. Title 14 of The Philadelphia Code is hereby amended to read as follows:
* * *
TITLE 14. ZONING AND PLANNING
* * *
CHAPTER 14-600. USE REGULATIONS
* * *
§ 14-601. Use Categories.
* * *
(6) Retail Sales Use Category.
* * *
(c) Consumer Goods.
Uses that sell or otherwise provide furniture, appliances, equipment, and similar consumer goods, large and small, functional and decorative, for use, entertainment, comfort, or aesthetics. [This use subcategory shall include establishments that sell cigarettes and other lawful smoking tobacco products.] The following are consumer goods specific use types:
* * *
(.4) Tobacco Sales.
Retail sales or wholesale establishment engaged in selling tobacco, tobacco-related products, nicotine, or vaping products. This use shall include establishments dedicated solely to the sale of tobacco or tobacco related products, or in conjunction with the sale of other retail products.
* * *
§ 14-602. Use Tables.
* * *
Table 14-602-1: Uses Allowed in Residential Districts
|
* * * |
|
District Name |
RSD-1 |
RSD-2 |
RSD-3 |
RSA-1 |
RSA-2 |
RSA-3 |
RSA-4 |
RSA-5 |
RSA-6 |
RTA-1 |
RM-1 |
RM-2 |
RM-3 |
RM-4 |
RMX-1 |
RMX-2 |
RMX-3 |
Use-Specific Standards |
|
Y = Yes permitted as of right | S = Special exception approval required N = Not allowed (expressly prohibited) | Uses not listed in this table are prohibited See § 14-602(3)(a) (Notes for Table 14-602-1) for information pertaining to bracketed numbers (e.g., "[2]") in table cells. |
|
* * * |
|
Retail Sales Use Category |
|
Consumer Goods (except as noted below) |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y[5] |
|
|
* * * |
|
Medical Marijuana Dispensary |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
|
|
Tobacco Sales |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
§ 14-603(21) |
|
* * * |
* * *
Table 14-602-2: Uses Allowed in Commercial Districts
|
* * * |
|
District Name |
CMX-1 |
CMX-2 |
CMX-2.5 |
CMX-3 |
CMX-4 |
CMX-5 |
CA-1 |
CA-2 |
Use-Specific Standards |
|
Y = Yes permitted as of right | S = Special exception approval required N = Not allowed (expressly prohibited) | Uses not listed in this table are prohibited See § 14-602(3)(a) (Notes for Table 14-602-1) for information pertaining to bracketed numbers (e.g., "[2]") in table cells. |
|
* * * |
|
Retail Sales Use Category |
|
* * * |
|
Consumer Goods (except as noted below) |
Y[5] |
Y |
Y |
Y |
Y |
Y |
Y |
Y |
|
|
* * * |
|
Medical Marijuana Dispensary |
N |
Y |
Y |
Y |
Y |
Y |
N |
Y |
§ 14-603(20) |
|
Tobacco Sales |
N |
S |
S |
Y |
Y |
Y |
Y |
Y |
§ 14-603(21) |
|
* * * |
* * *
Table 14-602-3: Uses Allowed in Industrial Districts
|
* * * |
|
District Name |
IRMX [3] |
ICMX |
I-1 |
I-2 |
I-3 |
I-P |
Use-Specific Standards |
|
Y = Yes permitted as of right | S = Special exception approval required N = Not allowed (expressly prohibited) | Uses not listed in this table are prohibited See § 14-602(3)(a) (Notes for Table 14-602-1) for information pertaining to bracketed numbers (e.g., "[2]") in table cells. |
|
* * * |
|
Retail Sales Use Category |
|
* * * |
|
Consumer Goods (except as noted below) |
Y |
Y |
N |
N |
N |
N |
|
|
* * * |
|
Gun Shop |
N |
S |
N |
S |
Y |
N |
§ 14-603(13) |
|
Tobacco Sales |
N |
Y |
N |
N |
N |
N |
§ 14-603(21) |
|
* * * |
* * *
Table 14-602-4: Uses Allowed in Special Purpose Districts
|
* * * |
|
District Name |
SP-INS |
SP-ENT |
SP-STA |
SP-PO-P |
SP-PO-A |
SP-AIR |
SP-CIV |
Standards |
|
Y = Yes permitted as of right | S = Special exception approval required N = Not allowed (expressly prohibited) | Uses not listed in this table are prohibited See § 14-602(3)(a) (Notes for Table 14-602-1) for information pertaining to bracketed numbers (e.g., "[2]") in table cells. |
|
* * * |
|
Retail Sales Use Category |
|
* * * |
|
Consumer Goods (except as noted below) |
Y |
Y |
Y |
N |
N |
Y |
N |
|
|
* * * |
|
Gun Shop |
N |
N |
N |
N |
N |
N |
N |
§ 14-603(13) |
|
Tobacco Sales |
N |
Y |
N |
N |
N |
Y |
N |
§ 14-603(21) |
|
* * * |
* * *
§ 14-603. Use-Specific Standards.
* * *
(21) Tobacco Sales.
(a) Regulations and Standards.
(.1) Separation Requirements.
For the purposes of this subsection (.1), "public" shall be defined as owned, leased, or operated by the Commonwealth of Pennsylvania, the United States, the City, or any other public or quasi-public governmental body or agency. No Tobacco Sales use may be located:
(.a) Within a zoning district where such use is expressly prohibited;
(.b) Within 750 ft. of any existing Tobacco Sales use;
(.c) Within 750 ft. of any regulated use (see § 14603(13) (Regulated Use));
(.d) Within 750 ft. of any school (up to and including the 12th grade) or its adjunct recreation areas/play fields;
(.e) Within 750 ft. of any public playground;
(.f) Within 750 ft. of any public swimming pool;
(.g) Within 750 ft. of any public park;
(.h) Within 750 ft. of any public recreation center;
(.i) Within 750 ft. of any public library; or
(.j) Within 750 ft. of any child care.
(.2) Window Transparency.
All street‑facing windows and transparent doors shall maintain a minimum of 90% transparency, allowing no more than 10% of the total transparent glazed area to be covered by opaque materials. Opaque materials shall include signage, posters, banners, vinyl, film, paint, and shading devices.
SECTION 2. This Ordinance shall become effective immediately.
____________________________
Explanation:
Italics indicate new matter added.
[Brackets] indicate matter deleted.
End