Title
Amending Title 14 of The Philadelphia Code, entitled “Zoning and Planning” by revising and clarifying certain provisions and making technical changes, 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 14-200. DEFINITIONS
* * *
§ 14-203. Definitions.
* * *
(122.1) Flag Lot.
An irregularly shaped lot that has an unusually small amount of street frontage relative to the size of the lot. The narrow part nearest to the street, or “pole,” is typically used for vehicular access and/or utility connections. The wider part of the lot is set back further away from the street.
* * *
(241) [Pool or Billiards Room.
See § 14-601(7)(c)(.4) (Pool or Billiards Room).] Reserved.
* * *
(247.1) Promoted Event.
See § 9-703(1)(e) (Promoted Event)
(247.2) Promoter
See § 9-703(1)(f) (Promoter)
* * *
CHAPTER 14-300. ADMINISTRATION AND PROCEDURES
* * *
§ 14-301. Reviewers and Decision Makers.
* * *
(3) City Planning Commission.
* * *
(c) Review and Prerequisite Approval Authority.
(.1) The Commission provides prerequisite approvals for:
* * *
(.u) Zoning permits regarding developments earning a Mixed Income Housing floor area, height, or dwelling unit bonus. See § 14-702(7) (Mixed Income Housing).
(.v) Zoning permits regarding developments defined as a Residential Housing Project located within the /MIN, Mixed Income Neighborhoods Overlay District. See § 14-533. (/MIN, Mixed Income Neighborhoods Overlay District).
* * *
CHAPTER 14-400. BASE ZONING DISTRICTS
§ 14-404. SP-INS, Institutional (Special Purpose) District.
* * *
(10) Regulations Applicable to Germantown Avenue.
(a) The following uses shall be prohibited:
(.1) [Pool or billiards rooms;] Reserved.
* * *
CHAPTER 14-600. USE REGULATIONS
* * *
§ 14-601. Use Categories.
* * *
(8) Vehicle and Vehicular Equipment Sales and Services Use Category.
* * *
(d) Personal Vehicle Repair and Maintenance.
Uses, excluding vehicle paint finishing shops, that repair, reprogram, install, or maintain the mechanical or electrical components or the bodies of autos, small trucks or vans, motorcycles, motor homes, or recreational vehicles including recreational boats or that wash, clean, or otherwise protect the exterior or interior surfaces of these vehicles.
* * *
§ 14-602. Use Tables.
* * *
Table 14-602-1: Uses Allowed in Residential Districts
|
Previous District Name |
R1 |
R1A |
R2 |
R3 |
R4 |
R5 |
R6/7 |
R9A/10A/R20 |
New |
RSA |
R8/9/10/10B/18/19 |
R11/11A/12/13 |
R14 |
R15/16 |
RC-6 |
WRD/ITD |
RC-4 |
|
|
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 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[4] |
|
|
Drug Paraphernalia Stores |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
|
|
Gun Shop |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
|
|
Medical Marijuana Dispensary |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
|
|
* * * |
|
|
|
Commercial Services |
|
Business Support |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y[5] |
|
|
Eating and Drinking Establishment (except as noted below) |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
Y[3] |
Y[4] |
Y[5] |
|
|
Smoking Lounge |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
N |
|
|
* * * |
* * *
(6) Special Purpose Districts.
Principal uses are allowed in special purpose zoning districts in accordance with Table 14-602-4. Uses classified as accessory uses, such as home occupations, are not regulated by the use table. Accessory uses are permitted in conjunction with allowed principal uses, provided they comply with all applicable regulations of § 14-603 (Use-Specific Standards) and § 14-604 (Accessory Uses and Structures)
(a) Notes for Table 14-602-4.
(b)
* * *
[3] Adjunct residential dwellings (including dormitories) and amusement arcades [, and pool or billiards rooms] are permitted.
* * *
CHAPTER 14-700. DEVELOPMENT STANDARDS
* * *
§ 14-701. Dimensional Standards.
* * *
(2) Residential District Dimensional Tables.
* * *
(b) Notes for Table 14-701-1.
* * *
[11] In the RSA-5 district, the Minimum Lot Area (sq. ft.) is 1,440 square feet in Council Districts Nos. 4, 5, 6, 8, 9, and 10.
Table 14-701-1: Dimensional Standards for Lower Density Residential Districts
|
Previous District Name |
R3 |
R4 |
R5 |
R6/7 |
R9A/10A |
New |
|
District Name |
RSA-1 |
RSA-2 |
RSA-3 |
RSA-4 |
RSA-5 |
RSA-6 |
|
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. |
|
* * * |
|
Lot Dimensions |
|
Min Lot Area (sq. ft.) |
5,000 |
3,150 |
2,250 |
1,620 [1] |
960 [2][11] |
700 |
* * *
§ 14-702. Floor Area, Height, and Dwelling Unit Density Bonuses.
* * *
(16) Green Roof.
(a) Criteria.
* * *
[(.6) The green roof may not be used to qualify for reduced landscaping for parking lots pursuant to § 14-803(5)(e)(.2).]
[(.7)] (.6) The property is within an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district.
* * *
§ 14-704. Open Space and Natural Resources.
* * *
(2) Steep Slope Protection
* * *
(c) Review and Approval by the Commission
(.1) Applications for a permit under this Zoning Code are subject to prerequisite approval from the Commission per § 14-301(3)(c)(.1)(.j). The Department shall not issue a zoning permit for an application that is subject to these steep slope protection requirements until the Commission [approves the zoning permit] reviews and determines that the application [as meeting] meets all applicable requirements of this Zoning Code.
* * *
§ 14-705. Landscape and Trees.
(1) On-Site Landscape and Tree Requirements.
* * *
(b) Landscape and Tree Preservation Plan Required
Zoning permit applications must, if subject to the provisions of this § 14-705(1) (On-Site Landscape and Tree Requirements), include a landscape and tree preservation plan prepared by a licensed architect, licensed landscape architect, licensed professional civil engineer, or a certified arborist that demonstrates compliance with these provisions. L&I shall not issue a zoning permit for an application that is subject to the provisions of this § 14-705(1) (On-Site Landscape and Tree Requirements) unless such landscape and tree preservation plan is submitted, nor shall L&I issue a zoning permit for an application that is subject to § 14-705(1)(d) (Landscape Buffering Between Different Zoning Districts) [or], § 14-705(1)(e) (Yard Tree Requirements), § 14-705(1)(f) (Preservation of Heritage Trees), or § 14-705(1)(g) (Tree Replacement Requirements) until the Commission approves the landscape and tree preservation plan as meeting all applicable requirements of this Zoning Code and issues waivers for any requirements it deems impracticable, as authorized below. The Commission is authorized to promulgate regulations that include submission and waiver requirements for landscape and tree preservation plans.
* * *
(d) Landscape Buffering [Between Different Zoning Districts].
* * *
(.2) Buffering Requirements.
(.a) Minimum Requirements.
(i) The applicant shall provide a minimum 8-foot wide buffer along the entirety of the lot line that abuts a lot in a different zoning district from that of the subject parcel or when the lot line abuts or includes a railroad right-of-way, or a public highway and its associated exit ramps listed in § 14-705 (d)(.1)(.c).
* * *
(f) Preservation of Heritage Trees.
The location, DBH, and species of all existing trees shall be included in a landscape and tree plan. Heritage trees may not be removed from any property unless the applicant meets the standards of § 14-705(1)(f)(.1) or obtains a special exception approval in accordance with § 14-705(1)(f)(.2).
(.1) A heritage tree may be removed from a property without a special exception approval, provided that the applicant replaces the removed heritage tree in accordance with § 14-705(1)(g) (Tree Replacement Requirements); and one of the following conditions applies:
* * *
(.b) One or both of the following applies to the heritage tree:
(i) a certified arborist report, meeting Planning Commission regulations, that has determined that the tree is dead, damaged, diseased, to such an extent that the tree poses or a threat to public health or safety, or a potential danger to life or property; or
(ii) the Streets Department has determined that the tree interferes with the provision of public services or constitutes a hazard to traffic, bicyclists, or pedestrians.
* * *
(g) Tree Replacement Requirements.
* * *
(.2) As determined by a certified arborist, and pursuant to Planning Commission regulations, [Trees] trees removed under the following conditions are exempt from the replacement requirements of § 14-705(1)(g):
(.a) [As determined by a certified arborist,] the tree is dead, damaged, or diseased to such an extent that it poses a threat to public health or safety, or a potential danger to life or property.
(.b) [As determined by a certified arborist,] the tree is [an undesirable species in its present location] an invasive species identified in Planning Commission regulations.
[(.c) As determined by a certified arborist, the tree poses potential danger to life or property.]
* * *
CHAPTER 14-800. PARKING AND LOADING
* * *
§ 14-801. Purpose, Applicability, and General Standards.
* * *
(2) Applicability.
* * *
(b) Change of Use.
(.1) The parking and loading requirements of this section are applicable to any change of use that requires more parking and loading spaces than the existing use as set forth by this Zoning Code, except as set forth in § 14-801(2)(b)(.2) and [§ 14-801(2)(d)] § 14-801(2)(f), below.
(.2) The minimum parking and loading requirements listed within § 14-802 (Motor Vehicle Parking Ratios), § 14-804 (Bicycle Parking Ratios and Standards), and § 14-806 (Off-Street Loading) do not apply to any change of use within a structure constructed before the effective date of this Zoning Code, provided that the changes is to a permitted or approved special exception use for the zoning district where the lot is located.
(.3) The parking lot landscape and screening requirements of § 14-803(5) shall apply to changes of use, provided that the parcel is greater than 50,000 sq. ft. in area and the change of use affects seventy-five percent (75%) or more of the existing gross floor area.
(c) New Parking Lots.
(.1) The requirements of § 14-803(5) (Parking Landscape and Screening) shall apply to the entirety of all new principal or accessory use parking lots, loading spaces, and drive-through driveways, as well as all outdoor Personal/Commercial Vehicle Sales and Rentals uses, except for the following:
(.a) Driveways and parking spaces accessory to single-family and two-family uses.
(.b) Parking lots that are the subject of a Philadelphia Water Department stormwater retrofit grant project.
(d) Modifications to Existing Parking Lots
(.1) Modifications to existing parking lots including modifying the number of parking spaces, modifying the location of parking spaces, loading spaces, drive-throughs, or driveways, and any changes to the parking lot layout shall be subject to the parking lot landscape and screening requirements of § 14-803(5).
(.2) In cases where only a portion of the parking lot is proposed to be modified, only the modified portions will be subject to § 14-803(5).
[(c)] (e) More Specific Standards Elsewhere in the Zoning Code.
* * *
[(d)] (f) Historic Structures.
* * *
[(e) Parking Landscape and Screening.
The requirements of § 14-803(5) (Parking Landscape and Screening) shall apply to the entirety of all principal or accessory use parking lots, loading spaces, and drive-through driveways, as well as all outdoor Personal/Commercial Vehicle Sales and Rentals uses, except for any of the following:
(.a) Those accessory to single-family and two-family uses.
(.b) Where development increases by twenty-five percent (25%) or less the number of dwelling units or the gross floor area on the property.
(.c) Where there is a change of use, but no associated development:
(.1) The property is 50,000 sq. ft. or less in area; or
(.2) The property is greater than 50,000 sq. ft. in area, but the change of use affects less than seventy-five percent (75%) of existing gross floor area;
(.d) Parking lots that are the subject of a Philadelphia Water Department stormwater retrofit grant project.
(.e) In no case shall newly constructed parking spaces or lots be subject to the exemptions in (.a), (.b), or (.c), above.]
* * *
(5) Parking Landscape and Screening.
(d) Perimeter Screening from Public Streets for Parking Lots.
Where there is no structure located between a parking lot, loading space, or drive-through (including driveways and aisles) and a street frontage, a landscaped area shall be installed [so as] to screen the view of the parking area from the street, except that for the purposes of this section, a wall or fence along a street frontage shall not be considered to be a structure. The landscaped area shall be constructed along the entire length of the side of the parking lot, loading space, drive-through, driveway, or drive aisle that faces the street frontage except for any vehicle access points and shall be further provided as follows:
* * *
(.4) Decorative Walls and Ornamental Fences.
* * *
(.d) Buffer fencing shall be constructed of wood or ornamental metal; chain-link and barbed wire are prohibited as materials for any fences used to meet the requirements of this section.
* * *
(e) Interior Landscape Requirements for Parking Lots and Off-Street Loading Areas.
* * *
(.5) Shade trees, shrubs, perennials, and groundcover shall be provided as follows:
(.a) For [lots]parcels greater than or equal to 5,000 sq. ft., the applicant shall provide one shade tree per 200 sq. ft., three shrubs per 200 sq. ft., and 15 perennials or ground cover per 200 sq. ft. of interior landscaped area. A maximum of twenty percent (20%) of required shrubs may be replaced one-for-one with a tall grass species.
(.b) For [lots] parcels less than 5,000 sq. ft., the applicant shall provide one shade tree per five parking spaces.
* * *
§ 14-803. Motor Vehicle Parking Standards.
* * *
(1) Accessory Parking Standards.
* * *
(b) Location of Accessory Parking.
(.1) Residential and Commercial Districts.
* * *
(.b) Exceptions.
(i) In RSA-5 and RSA-6 districts, accessory [Residential] parking shall be permitted in the required rear yard of an attached building where the parking is accessed by a rear alley or shared driveway with a minimum width of 12 ft.
* * *
(5) Parking Landscape and Screening.
* * *
(e) Interior Landscape Requirements for Parking Lots and Off-Street Loading Areas.
(.1) Interior parking lots and off-street loading areas shall provide an interior landscaped area calculated as a minimum of ten percent (10%) of the total area of all parking spaces, loading spaces, driveways that provide access to parking spaces and loading spaces, and drive aisles. [Lots] Parcels less than 5,000 sq. ft. and uses in the Personal/Commercial Vehicle Sales and Rentals category shall be exempt from this requirement. [Lots] Parcels less than 5,000 sq. ft. are required to provide trees according to the provisions of § 14-803(5)(e)(.5)(.b).
* * *
(.4) Required interior landscape shall be planted within islands or on the perimeter of a parking lot [or loading space].
(.a) Landscape islands shall have a minimum width of 8 feet, minimum area of 100 sq. ft., and a minimum soil volume as specified in the regulations of the Commission. Where an abutting parking space is greater than 250 sq. ft. in size, islands shall have a minimum width of 15 feet, a minimum area of 225 sq. ft., and a minimum soil volume as specified in the regulations of the Commission.
(.b) A portion of each landscaped area at the perimeter of a parking lot [or loading space] shall be located within 10 feet of a parking [or loading] space or drive aisle, except where the nearest parking [or loading] space is greater than 250 sq. ft. in size. In such circumstances, a portion of the landscaped area shall be located within 20 feet, no trees shall be planted within 8 feet of that space, and no shrubs shall be planted within 5 feet of that space.
* * *
CHAPTER 14-1000. HISTORIC PRESERVATION
* * *
§ 14-1003. Historical Commission.
(1) Appointment.
The Mayor shall appoint a Philadelphia Historical Commission consisting of
(a) the following individuals:
(.1) President of City Council or [his or her] designee;
(.2) [the] Director of Commerce or designee;
(.3) Commissioner of Public Property or designee;
(.4) [the] Commissioner of Licenses and Inspections or designee;
(.5) [the Chairman] Chair of the City Planning Commission or [his or her] designee;
(.6) [the] Director of [Housing] the Department of Planning and Development or [his or her] designee; and
(b) [eight] seven other persons learned in the historic traditions of the City and interested in the preservation of the historic character of the City. At least one of the appointees shall be:
* * *
(2) Powers and Duties.
***
(d) Prepare and maintain or cause to be prepared and maintained a comprehensive inventory of designated historic buildings, structures, sites, objects, and districts;
***
§ 14-1004. Designation.
***
(2) Notice.
(a) At least 30 days before holding a public meeting to consider the proposed designation of a building, structure, site, or object as historic, the Historical Commission shall send notice to the owner of the property proposed for designation. Such notice shall indicate the date, time, and place of the public meeting at which the Historical Commission will consider the proposed designation. Notice shall be sent to the registered owner’s last known address as the same appears in the real estate tax records of the Department of Revenue and sent to [“Owner] “Current Resident” or other occupant as may be permitted by the United States Postal Service at the street address of the property in question.
***
(c) The Historical Commission shall send written notice of the designation as historic of a building, structure, site, object, or district to the owners of each separately designated building, structure, site, or object and to the owners of each building, structure, site, or object within a district designated historic, which shall include reason for the designation. Notice shall be sent to the registered owner’s last known address as the same appears in the real estate tax records of the Department of Revenue and sent to [Owner] “Current Resident” or other occupant as may be permitted by the United States Postal Service at the street and address of the property in question. The Historical Commission shall send written notice of historic designation to any person appearing at the public hearing who requests notification.
***
[§ 14-1009. Demolition Moratorium for the West Christian Street Area.
(1) Definitions
For the purposes of this Section, the following definitions apply:
(a) Moratorium Area.
All lots with street frontage on Christian Street between Broad and 20th Streets.
(b) Complete Demolition.
Removal of two thirds or more of the structural framing members when work involves the removal of any portion of the exterior wall.
(2) Moratorium Scope.
No zoning permit shall issue for a complete demolition of any building within the designated area shall be permitted, unless either:
(a) such demolition is necessary to abate an imminently dangerous condition as determined by the Department of Licenses and Inspections;
(b) such demolition is necessary to abate an unsafe condition impacting the right of way or any adjacent property as determined by the Department of Licenses and Inspections; or
(c) a permit for such demolition is obtained in accordance with the provisions of § 14-1005 ("Regulation"), applying those provisions as if the properties in the moratorium area were a designated historic district.
(3) Expiration.
This § 14-1009 shall expire at the earlier of:
(a) 12 months after it becomes law; or
(b) certification by the Historical Commission to the Chief Clerk of Council that it has made a final determination as to the proposed historic designation of the moratorium area, pursuant to § 14-1004 (Designation).]
* * *
[§ 14-1010. Demolition Moratorium in the Victorian Roxborough Area.
(1) Definition.
For purposes of this Section:
(a) Victorian Roxborough Area.
"Victorian Roxborough area" shall include the properties identified on the document attached as "Exhibit A", and generally bounded by Henry Avenue, Roxborough Avenue, Silverwood Street, and Fountain Street, to the ordinance that added this provision to the Code.
(b) Total Demolition.
"Total demolition" means removal or partial removal of structural elements for the purpose of removal of an entire structure.
(2) Moratorium Scope.
No zoning perm`45it for a total demolition of any building or other structure among the designated properties in the Victorian Roxborough area shall be permitted, unless either:
(a) such demolition is necessary to abate an imminently dangerous condition as determined by the Department of Licenses and Inspections; or
(b) a zoning permit for such demolition is obtained in accordance with the provisions of § 14-1005 ("Regulation"), applying the provisions applicable to building permits to such zoning permit as if the designated properties in the Victorian Roxborough area constituted, collectively, a designated historic district.
(3) Expiration.
The § 14-1010 shall expire at the earlier of:
(a) 12 months after it became law; or
(b) certification by the Historical Commission to the Chief Clerk of Council that it has mailed notice of the proposed historic designation of more than twenty-five percent (25%) of the properties among the designated properties in the Victorian Roxborough area to the owners of such properties pursuant to § 14-1004 ("Designation").]
* * *
§ 14-1009. [14-1011.] Demolition Moratorium in the Wissahickon Historic District.
* * *
SECTION 2. This Ordinance shall become effective immediately.
____________________________
Explanation:
Italics indicate new matter added.
[Brackets] indicate matter deleted.
End