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File #: 241062    Version: 0 Name:
Type: Bill Status: IN COMMITTEE
File created: 11/14/2024 In control: Committee on Rules
On agenda: Final action:
Title: Amending Section 14-500 of The Philadelphia Code, entitled "Overlay Zoning Districts," by amending Section 14-502, entitled "CTR/Center City Overlay District and 14-702, Floor Area, Height, and Dwelling Unit Density Bonuses, and creating Section 14-542, entitled "/PCH, Philadelphia Chinatown Overlay District," and making related changes all under certain terms and conditions.
Sponsors: Councilmember Squilla
Code sections: 14-500 - Industrial Districts, 14-502 - CTR, Center City Overlay, 14-702 - Floor Area, Height, and Housing Unit Density Bonuses
Attachments: 1. Bill No. 24106200

Title

Amending Section 14-500 of The Philadelphia Code, entitled “Overlay Zoning Districts,” by amending Section 14-502, entitled “CTR/Center City Overlay District and 14-702, Floor Area, Height, and Dwelling Unit Density Bonuses, and creating Section 14-542, entitled “/PCH, Philadelphia Chinatown Overlay District,” and making related 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 14-500.  OVERLAY ZONING DISTRICTS

 

*     *      *

 

§ 14-502. /CTR, Center City Overlay District

 

*     *      *

 

(2)   Applicability.

*     *      *

(b)   Area Boundaries.

 

The standards and regulations of this section apply to the areas within the /CTR Overlay district set forth as follows:

 

*     *      *

(.9)  Reserved. [ Chinatown Area.]

 

[The Chinatown area is the area bounded by Vine Street, the west edge of the Center City Commuter Connection Tunnel east of Ninth Street, Arch Street, and 11th Street; and lots with frontage on Camac Street between Vine Street and Race Street. The Chinatown area is further subdelineated as follows:

(.a)   North: The portion of the Chinatown Area that is north of the rear lot lines of lots fronting on the north side of Arch Street between 9th Street and 10th Street, and north of Appletree Street between 10th Street and 11th Street.

(.b)   South: The portion of the Chinatown Area that is bounded by Race Street, the westerly edge of the Center City Commuter Connection Tunnel east of 9th Street, Arch Street, and 11th Street.]

 

*     *      *

 

Table 14-502-1: /CTR Summary Table

 

Area

Height Controls

Setback/Build-To Controls

Supplemental Use Controls

Parking & Loading Controls

Sign Controls

Special Review Controls

Bulk and Massing Controls

*     *      *

Chinatown Area

 

 

[§ 14-502(5)]

[§ 14-502(6)(f)]

 

 

 

North

[§ 14-502(3)(i)]

 

 

 

 

 

 

South

 

 

 

 

[§ 14-502(7)(i)]

 

 

*     *      *

 

*     *      *

(3) Height Regulations.

 

*     *      *

(i)  Reserved.  [Chinatown Area, North.]

 

[The maximum height within the North Chinatown Area shall be 65 ft. Additions to buildings in existence on August 8, 1989 that do not increase the gross floor area of the building by more than one hundred percent (100%) may be built to a height not to exceed the height of the existing building. (See Height Control Area Map 3 for illustrative purposes only.)]

 

(k)   Chestnut/Walnut/Broad Street Cornice Controls.

 

(.1)   Chestnut and Walnut Street Area.

 

(.2)   Commercially-zoned lots located in the Mid-North Broad Street Area.

 

 

 

 

 [

]

 

 

{Map to be added to Code:}

 

 

*     *      *

 

§ 14-502. /CTR, Center City Overlay District

 

*     *      *

 

(5)   Supplemental Use Controls.

 

*     *      *

 

(a)                     Use Table 14-502-2 <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-290100>.

 

*     *      *

 

 

Center City Commercial District Control Area

Chestnut and Walnut Street Area, East

Chestnut and Walnut Street Area, West

Broad Street Area, South

Broad Street Area, North

[Chinatown Area]

Old City Residential Area

Society Hill Area

South Street/ Head House Square Area

Rittenhouse Square Residential Area

Use-Specific Standards

N = Not allowed (expressly prohibited) | S = Special exception approval required | Blank = No overlay-specific regulations apply See § 14-502(5) <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-290100>(a)(.6) (Notes for Table 14-502-2 <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-290100>) for information pertaining to bracketed numbers (e.g., "[2]") in table cells.

*      *      *

Commercial Services Use Category

Adult-Oriented Service

 

N

N

N

N

 

N

[11]

 

 

§ 14-603(13)

Assembly and Entertainment

 

 

 

 

 

[N]

N

[11]

N

 

§ 14-603(13); § 14-603(18)

*      *      *

Parking

 

 

 

 

 

[N]

 

[11]

 

 

 

*      *      *

Vehicle and Vehicular Equipment Sales and Services Use Category

All Uses

 

N

N

N

N

[N]

N

[11]

N

 

 

Wholesale, Distribution, Storage Use Category

All Uses

 

N

N

N

N

[N]

N

[11]

N

 

 

*      *      *

 

 

 

[

]

 

 

{Map to be added to Code:}

(b)                     Prohibited Accessory Uses and Structures.

 

Accessory uses and structures identified with an "N" in Table 14-502-3 <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-290100> are expressly prohibited (See accompanying Supplemental Use Controls Area Map for illustrative purposes only).

 

Table 14-502-3: Prohibited Accessory Uses and Structures in the /CTR Overlay District

 

Accessory Use or Structure

Chestnut and Walnut Street Area, East

Chestnut and Walnut Street Area, West

Broad Street Area, South

[Chinatown Area]

Old City Residential Area

South Street/ Head House Square Area

Market Street Area, East

Kiosks

N

N

N

[N]

N

 

N

Outdoor sales and storage, including outdoor use of coin-operated machines that dispense food or drink

N

N

N

[N]

N

 

N

Any accessory speaker or audio device that causes music or voices to reach the sidewalk area, public arcade, or public entranceway to a building, that is adjunct to any permitted retail use, used to advertise merchandise sold, and/or used to call public attention to the uses of the premises.

N

N

 

 

 

N

N

 

*     *      *

 

 

(6) Parking and Loading Regulations.

 

*     *      *

 

(f)   Accessory Parking Lot Restrictions.

 

(.1)   Accessory parking lots are prohibited in the following areas (See Parking and Loading Regulations Area Map 3 for illustrative purposes only):

 

(.a)   Chestnut and Walnut Street Area;

 

(.b)   Broad Street, South;

 

[(.c)   Chinatown Area;]

 

(c)                     [(.d) ]  Old City Residential Area;

 

(.2)   Accessory parking lots are prohibited in the Parkway Buffer Area unless a special exception permit is obtained pursuant to § 14-303(7) <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-288835> (Special Exception Approval). (See Parking and Loading Regulations Area Map 3 for illustrative purposes only).

 

 

 

[

]

 

 

{Map to be added to Code:}

 

*     *      *

 

(7)   Sign Regulations.

 

*     *      *

 

(i)   Reserved. [Chinatown Area, South.]

 

[Non-accessory signs are prohibited in the South Chinatown Area (See Sign Regulations Area Map 2 for illustrative purposes only).]

 

(j)   Rittenhouse Square. 

 

No signs may be erected within the Rittenhouse Square Area (see Sign Regulations Area Map 2 for illustrative purposes only) unless approved by the Art Commission. This provision does not apply to signs in place before January 1, 1950.

 

(k)   City Hall Sign Area.

 

No person shall erect or maintain any sign extending beyond the building line within the City Hall Sign Area (See Sign Regulations Area Map 2 for illustrative purposes only).

 

(l)   Logan Square Area

 

No person shall erect or maintain any sign extending beyond the building line within the Logan Square Area (See Sign Regulations Area Map 2 for illustrative purposes only).

 

 

 

[

]

{Map to be added to Code:}

 

*     *      *

 

§ 14-542. /PCH, Philadelphia Chinatown Overlay District.

(1)                     Purpose.

(2)                     

The /PCH, Philadelphia Chinatown Overlay District, is established in order to preserve and protect the existing character of the Chinatown neighborhood.

 

(2)   Applicability.

 

The standards and regulations of the /PCH, Philadelphia Chinatown district, apply to all properties within CMX-3, CMX-4, CMX-5, and RMX-3 zoning districts located within the area bounded by Vine Street, Ninth Street, Cuthbert Street (Extended), 11th Street, Race Street, and 13th Street

 

(3)                     Use Regulations.

 

(a)                     Prohibited Uses.

 

The following uses shall be prohibited within this overlay:

 

(.1) Adult-Oriented Services

 

(.2) Assembly and Entertainment.

 

(.3) Smoking Lounges

 

(b) Inclusionary Housing.

 

(.1) Developments that meet the definition of a Residential Housing Project under § 14-533(2) (“Definition of Residential Housing Project”) (excepting the limitation on location stated in § 14-533(2)(a)), must include on-site affordable dwelling units consistent with the requirements necessary to earn a floor area bonus at the Moderate Income level of affordability pursuant to §14-702(2) (Mixed-Income Housing), provided that no such bonus shall be earned for the provision of such units.  Dwelling units approved prior to the establishment of this Philadelphia Chinatown Overlay District shall not be included in any calculation pursuant to §14-702(7)(b).

 

(.2) Any development that meets either of the following conditions will not be required to meet the requirements of subsection (.1), above:

 

(.a) The applicant demonstrates to the satisfaction of the Department of Planning and Development that fifty-one percent (51%) or more units will meet the definition of “Affordable Housing Property” under §7-202(1); or

 

(.b)   The Residential Housing Project is otherwise subject to a recorded instrument such that average monthly costs for all rental units may not exceed the standards described under § 14-702(7)(a)(.1)(.a).

 

(4)                     Development Standards.

 

(a)                     Retail and Commercial Space Controls.

 

Individual retail and commercial spaces shall not exceed 3,000 square feet of gross floor area.

 

(b)                     Building Heights

 

(.1) The minimum building height shall be 25 feet.

 

(.2) For properties that are in CMX-3, CMX-4, and RMX-3 zoning districts, the maximum building height shall be 65 feet unless additional building height has been earned pursuant to § 14-702 (Floor Area and Height Bonuses), subject to provisions of subsection (c), below.

 

(c)                     Bonus Eligibility.

 

(.1) No Floor Area or height bonuses may be earned except for those earned by meeting the requirements of § 14-702(7) (“Mixed-Income Housing”).

 

(.2) A property may earn one or more bonuses pursuant to the provisions of § 14-702(7) (“Mixed-Income Housing”) only by exceeding the requirements of § 14-542(3)(b) (“inclusionary Housing”), above.  Any unit used to satisfy the requirements of § 14-542(3)(b) may not be used to earn a bonus under § 14-702(7).

 

(.3) Notwithstanding the provisions of § 14-702(7)(c)(.1), properties in the /PCH, Philadelphia Chinatown Overlay District may take advantage of Mixed-Income Housing bonuses multiple times and may earn bonuses under both the low-income and moderate-income standards.

 

(.4)  A property that earns a floor-area bonus pursuant to § 14-702 (“Floor Area, Height, and Dwelling Unit Density Bonuses.”) shall also earn the equivalent height bonus pursuant to that section.  However, the affordable housing units provided may only be used to earn a single set of floor-area and height bonuses.

(5)                     Parking.

 

Accessory parking lots are not permitted in the /PCH, Philadelphia Chinatown Overlay District.

(6)                     Signs

 

Non-accessory signs are prohibited in the /PCH, Philadelphia Chinatown Overlay District.

 

*      *      *

 

CHAPTER 14-700. DEVELOPMENT STANDARDS

 

*      *      *

 

§ 14-702. Floor Area, Height, and Dwelling Unit Density Bonuses.

 

 

*      *      *

 

(2.1)   Eligibility for Height Bonuses.

                     

In order to be eligible for any height bonuses pursuant to this section,

 

*      *      *

(c)   The property must be located in the /RAN overlay district and be subject to the height restrictions of § 14-541(3)(a); [or]

 

(d)   The development must:

*      *      *

(.3)   The property must be located:

 

(.a)   In an RM-1 or CMX-2 zoning district; or

 

(.b)   In a CMX-1 zoning district and be subject to a base height limit of 38 ft. or [less.] less; or

                                          

(e)   The property must be located in the /PCH Philadelphia Chinatown Overlay District.

 

*      *      *

 

(3.1)   Building Height Bonus Options Summary Table.

 

The following table summarizes the building height bonus options in this section. In the event of conflict between the provisions of Table 14-702-2 and the text of this Zoning Code, the text shall govern.

 

Table 14-702-2: Building Height Bonus Summary

 

Bonus Category

Additional Building Height

 

/CDO

/ECO

/PCH

RM-1, CMX-1, CMX-2, CMX-2.5

Public Art (§ 14-702(5))

Up to 12 ft.

Up to 12 ft.

N/A

N/A

Public Space (§ 14-702(6))

Up to 48 ft.

Up to 24 ft.

N/A

N/A

Mixed Income Housing (§ 14-702(7))

Moderate Income

Up to 48 ft.

Up to 48 ft.

Up to 24 ft.

7 ft.

 

Low Income

Up to 60 ft.

Up to 60 ft.

Up to 36 ft.

7 ft.

Transit Improvements (§ 14-702(8))

Up to 72 ft.

N/A

N/A

N/A

Green Building (§ 14-702(10))

Up to 36 ft.

Up to 36 ft.

N/A

N/A

Trail (§ 14-702(11))

Up to 72 ft.

N/A

N/A

N/A

Street Extension (§ 14-702(12))

Up to 72 ft.

N/A

N/A

N/A

Retail Space (§ 14-702(13))

Up to 36 ft.

Up to 48 ft.

N/A

N/A

Stormwater Management (§ 14-702(14))

Up to 36 ft.

Up to 72 ft.

N/A

N/A

Through-Block Connection (§ 14-702(15))

N/A

Up to 48 ft.

N/A

N/A

 

(4)   Maximum Floor Area and Height Bonus Amounts.

 

*      *      *

 

(h)   The height bonuses in this § 14-702 <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-293000> may be used in combination to earn up to:

 

(.1)   156 ft. of building height in the /CDO overlay;

 

(.2)   84 ft. of building height in the area of the /ECO overlay bounded by 2nd Street, Spring Garden Street, 9th Street, Callowhill Street, 7th Street, Willow Street, American Street, and Noble Street; [and]

 

(.3)   240 ft. of building height in the area of the /ECO overlay bounded by 2nd Street, Noble Street, American Street, Willow Street, 7th Street, and Callowhill [Street.] Street; and

 

(.4)  60 ft. of building height in the /PCH overlay.

 

*      *      *

(7)   Mixed Income Housing.

 

*      *      *

 

(c)   Bonus Floor Area, Building Height, and Dwelling Unit Density.

 

*      *      *

 

                     (.3)   Mixed Income Housing Bonus Tables

 

*      *      *

 

 

Additional Building Height

 

/CDO

/ECO

/PCH

RM-1, CMX-1, CMX-2

Mixed Income Housing

Moderate Income

48 ft.

48 ft.

24 ft.

7 ft.

(§ 14-702(7)) <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-293117>Low Income60 ft.

60 ft.

36 ft.

7 ft.

 

 

 

SECTION 2.   This Ordinance shall become effective immediately.

 

_____________________________________________________________________________

Explanation:

[Brackets] indicate matter deleted, except in Zoning Code tables, only {braces} indicate matter deleted.

Italics indicate new matter added.

End