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Amending Section 14-503(4) of The Philadelphia Code, entitled “/NCA, Neighborhood Commercial Area Overlay District. Main Street/Manayunk and Venice Island” by revising boundaries, restricting additional uses, and replacing illustrative maps, 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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§ 14-503. /NCA, Neighborhood Commercial Area Overlay District.
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(4) Main Street/Manayunk and Venice Island.
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(a) Applicability.
The Main Street/Manayunk and Venice Island /NCA district applies to the [four] three [subareas] areas set forth below, as shown on the following map for illustrative purposes only.
(.1) [Subarea] Area A.
All lots located in the area bounded by Shurs Lane, the rear property line of the properties fronting on the northeast side of Cresson Street, Gay Street, the rear property line of the properties fronting on the northeast side of Baker Street, Leverington Avenue, and the Manayunk Canal.
(.2) [Subarea] Area B.
All lots located in the area bounded by the SEPTA Norristown Railroad, Shurs Lane, the Schuylkill River, [and a line described as follows: beginning at a point on easterly side of the Schuylkill River; then extending from said point north 29 degrees 47 minutes 19 seconds east, the distance of 105 ft. 3-1/2 in. to a point, then extending north 60 degrees 12 minutes 41 seconds west, the distance of 46 ft. 7-3/4 in. to a point, then extending north 29 degrees 47 minutes 19 seconds east, the distance of 140 ft. 10 in. to a point, then extending south 60 degrees 12 minutes 41 seconds east, the distance of 92 ft. 0 in. to a point, then extending north 29 degrees 47 minutes 19 seconds east, the distance of 60 ft. 0 in. to a point, then extending north 29 degrees 47 minutes 19 seconds east, the distance of 92 ft. zero in. to a point, then extending north 60 degrees 12 minutes 41 seconds east, the distance of 57 ft. 0 in. to a point located on the westerly side of Main Street, then extending north 60 degrees 12 minutes 41 seconds east and crossing the bed of Main Street to a point on the SEPTA Norristown Railroad.] and the Wissahickon Creek.
(.3) [Subarea] Area C.
All lots located [southeast of a line beginning at a point located along the southeasterly side of the Manayunk Canal measuring approximately 540 ft. northwest of the northwesterly side of Leverington Street then extending the following bearings and distances: south 44 degrees 12 minutes 50 seconds east 107 and seven-tenths ft. and south 49 degrees 25 minutes 50 seconds west 57 and three-tenths ft. to the northeasterly side of Flat Rock Road; then along that side of Flat Rock Road approximately 88 ft.; then south 59 degrees 7 minutes 50 seconds west to the northeasterly bank of the Schuylkill River] in an area bounded by the Manayunk Canal, the Schuylkill River, and Green Lane; and the area bounded by the [Schuylkill River and the] Manayunk Canal, Leverington Avenue, Leverington Avenue extended, the Schuylkill River, and [; excluding all lots located in Subarea D.] the northwest property line of 4641 Flat Rock Road extended.
[(.4) Subarea D.
All lots governed by that certain approved RMX-2 Master Plan for 1 Leverington Avenue on Venice Island for the area generally bounded on the northeast by the Manayunk Canal, on the southeast by Green Lane, on the southwest by the Schuylkill River, and on the northwest by Leverington Avenue with a straight line extending from Leverington Avenue to the Schuylkill River, which Master Plan is on file with the Chief Clerk's Office.]
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[(b) Height.
The following standards apply in Subareas A and B:
(.1) The height of a building may not exceed 38 ft.
(.2) Additions to buildings in existence on July 1, 1997 that do not increase the gross floor area of the building by more than ten percent (10%) may be built to a height not to exceed the existing building.
(c) Setbacks.
(.1) Any building erected on or after July 1, 1997 on Main Street or Ridge Avenue within Subarea B shall have no building setback, but when a retaining wall already exists, a setback for the purpose of preserving such a wall is allowed.
(.2) The following setback requirements apply within Subarea C:
(.a) All structures less than 25 ft. in height must set back from the railroad right-of-way a distance at least equal to the height of the structure but in no case less than 10 ft.
(.b) All structures 25 ft. or more in height must set back from the Manayunk Canal no less than 25 ft. and from the railroad right-of-way no less than 10 ft.
(.c) All open air parking, loading or driveways must set back from the railroad right-of-way no less than 10 ft.
(.d) All lots must provide an unencumbered waterfront setback with a minimum average width of eight ft. but in no case less than five ft. in width from the top of the bank of the Schuylkill River to allow for unrestricted public access to the river's edge.
(.e) Within the required setback from the top of the bank of the Schuylkill River, all newly erected buildings must provide a public access trail for the entire river frontage of the lot. L&I shall not issue a zoning permit until the Planning Commission has reviewed the plans of the trail and determined that the proposed trail is consistent with the character of the adjacent area and promotes pedestrian safety and accessibility. Upon completion of construction, the trail must be dedicated to the City, which will be responsible for its ownership and maintenance as a public pedestrian right-of-way.
(d) Parking in Subareas A and B.
Parking for eating and drinking establishments and nightclubs and public entertainment venues in Commercial districts located in Subareas A and B shall meet the following standards notwithstanding any other parking requirements set forth in this Zoning Code.
(.1) The number of required parking spaces shall be determined by the legal occupancy (pursuant to the Philadelphia Building Construction and Occupancy Code) of the use as follows:
|
Use |
Spaces Required |
|
Eating and Drinking establishments |
1 space per 4 occupants |
|
Nightclubs and public entertainment venues |
1 space per 2 occupants |
(.2) All required parking shall be located either on:
(.a) the same lot as the eating and drinking establishment or nightclub and public entertainment venues; or
(.b) a different lot provided that a special exception approval is obtained from the Zoning Board pursuant to § 14-303(7) (Special Exception Approval) and (i) the lot is located within Subarea A or Subarea B; (ii) parking is a permitted non-accessory use; (iii) the lot is located within 1,000 ft. of the eating and drinking establishment, nightclub or public entertainment venues; and (iv) the applicant has entered into a signed agreement with the lot owner to use the lot for non-accessory parking.
(e) Parking in Subarea C.
For every dwelling unit created in Subarea C after December 30, 1999, there must be provided one off-street parking space in accordance with the following schedule:
|
Unit |
Spaces Required |
|
Efficiency and 1-bedroom Units |
1 space per unit |
|
Additional Bedrooms |
1 space per bedroom |
(f) Setback and Landscaping in Subarea D.
(.1) All lots must provide an unencumbered waterfront setback with a minimum average width of eight ft. but in no case less than five ft. in width from the top of the bank of the Schuylkill River to allow for unrestricted public access to the river's edge; and the provisions of § 14-704(5) (Waterfront Setbacks) shall not apply.
(.2) Landscaping shall be governed by the provisions of the applicable Master Plan; and the provisions of § 14-705 (Landscaping and Trees) shall not apply.
(g) Additional Regulations.
Section PM-804.2 of the Property Maintenance Code sets forth historic area standards for substantial portions of the Main Street/Manayunk and Venice Island /NCA district, as delineated by Section PM-803.1.2 of the Property Maintenance Code.]
(b) Use Regulations.
(.1) Prohibited Uses.
In addition to uses prohibited under the base zoning, the following use shall also be prohibited:
(.a) Regulated Uses
(.b) Smoking Lounge
(.2) Allowed Uses.
In addition to uses allowed under the base zoning, the following use shall also be allowed in CMX-1, 2, and 2.5 zoning districts:
(.a) Visitor Accommodation.
(.i) Visitor Accommodation shall not count toward the required ground floor commercial use.
(c) Development Standards.
(.1) Height.
In Area A and in Area B,, the height of any building shall not exceed 38 ft., except when (.2) below applies.
(.2) Floor Area, Height, and Dwelling Unit Density Bonuses
(.a) The bonuses offered in § 14-702(7) (Mixed-Income Housing) may only be earned by including affordable units on-site in a quantity that satisfies § 14-702(7)(b)(.1). These bonuses may only be earned on the north side of Main Street, on properties that are:
(.1) outside of the Floodway, and
(.2) zoned to allow residential use or zoned to allow a combination of residential use and commercial use.
(.b) No other Floor Area, Height, and Dwelling Unit Density bonuses may be earned.
(.3) Form and Design
(.a) Buildings on Main Street or Ridge Avenue within Area B shall have no building setbacks. When a retaining wall exists, a setback to preserve such a wall shall be allowed.
(.b) The following setback requirements apply within Area C:
(.i) All structures less than 25 ft. in height must be set back from the railroad right-of-way a distance at least equal to the height of the structure but no less than 10 ft.
(.ii) All structures 25 ft. or more in height must be set back from the Manayunk Canal no less than 25 ft., and from the railroad right-of-way no less than 10 ft.
(.iii) All open-air parking, loading, or driveways must be set back from the railroad right-of-way at least 10 ft.
(.4) Open Space and Natural Resources.
Properties within the overlay must comply with § 14-704.
(d) Parking and Loading.
(.1) Parking in Areas A and B.
Parking for eating and drinking establishments and nightclubs, and public entertainment venues, in Commercial districts located in Subareas A and B shall meet the following standards notwithstanding any other parking requirements set forth in this Zoning Code.
(.a) The number of required parking spaces shall be determined by the legal occupancy (pursuant to the Philadelphia Building Construction and Occupancy Code) of the building as follows:
|
Use |
Spaces required |
|
Eating and Drinking establishments |
1 space per 4 occupants |
|
Nightclubs and public entertainment venues |
1 space per 2 occupants |
(.b) Required parking shall be located either on:
(.i) the same lot as the eating and drinking establishment or nightclub and public entertainment venue; or
(.ii) a different lot than the eating and drinking establishment or nightclub and public entertainment venue, if all of the following are true:
(.a) the lot is located within Areas A or B; and
(.b) non-accessory parking is a permitted use on the receiving lot; and
(.c) the receiving lot is located within 1,000 ft. of the eating and drinking establishment, nightclub or public entertainment venue; and
(.d) the appellant has entered into a signed agreement with the lot owner to use the lot for non-accessory parking.
(.2) Parking in Area C.
One off-street accessory parking space shall be provided per dwelling unit for each efficiency dwelling unit (as defined in § 4-PM-404.6(1)),and for each dwelling unit with only one bedroom.
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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