(1)
Legislative Findings. The Council finds
that:
(a) Major public and private investments have been made and
continued to be made to create and maintain aesthetic enhancement, economic
viability and historic values within the Center City Commercial Area. Public
funding expenditures include appropriations for improved access, street and
sidewalk improvements, tree plantings and street
furniture;
[292] (b) Within
the said area there has been an increased number of certain uses such as
amusement arcades, surface parking lots, and take-out restaurants. Said uses
while not necessarily offensive by themselves, when concentrated in an area,
tend to contribute to the deterioration of the aesthetics and economics of that
area. There are other uses and accessory uses such as outdoor vending machines,
retail sales windows, take-out windows, outdoor speakers, outdoor advertising
signs, and flashing and animated signs, among others, which also tend to
contribute to the deterioration of the character of an area.
(c) This
area is important to the historic, cultural, and commercial vitality of
Philadelphia and these types of uses could have a negative impact upon the
City’s efforts to improve this area through planning and funding programs
of economic development, and commercial revitalization.
(d) The
pedestrian ambiance of Chestnut street and Walnut street would be enhanced by
insuring the continued penetration of sunlight and air to the sidewalk areas of
these streets by restricting building heights on the south side of these streets
in a manner that ensures this.
(e) A uniform scale of development would
enhance the aesthetic character of Chestnut street and Walnut street and Market
street between Front street and Fifth street by maintaining a cornice line or
height line of a pedestrian scale along said
streets;
[293] (f) Therefore,
special land use controls are needed to protect the historic, aesthetic and
economic viability of this area. These controls should prohibit certain uses
within the area, establish bulk and height controls along both sides of Chestnut
street and Walnut street and Market street between Front street and Fifth
street, and establish facade and sign controls for the
area;
[294] (g) Additionally
certain uses and accessory uses which contribute to the deterioration of the
aesthetic, historic and economic viability of this area, while representing a
small portion of the capital investment, existing on a rental or lease basis
rather than as permanent parts of the real property, and/or, having a short-term
usable life, should be removed from said area;
(h) The properties on
both sides of Market street between Front street and Fifth street is known as
"Historic East Market Street" and are on the National Registry of Historic
Places. This area is also an important part of the City’s historic
resources which attract tourists and visitors to the City and therefore in need
of special zoning controls to discourage demolition, new construction, or reuse
that is not of the same scale or character of these four blocks of Market
street. These zoning controls should limit the width of new buildings, additions
to existing buildings, and the attaching of existing building to a building
width that does not exceed that of buildings along these four blocks. Use
controls should prohibit and limit uses which are not compatible with a historic
tourist and visitors
area.
[295] (2)
Center
City Commercial
Area.
[296] (a) No
building shall be erected or altered, or building or land used abutting Chestnut
street or Walnut street between Front street and the Schuylkill River and Broad
street between South Penn square and Washington avenue and Market street between
Front street and Fifth street, unless there is compliance with all the
applicable requirements of this
Section.
[297] (3)
Prohibited
Uses. In any building or upon any land abutting Chestnut street or Walnut
street between Front street and the Schuylkill River and Broad street between
South Penn square and Washington avenue and Market street between Front street
and Fifth street, the following uses shall be
prohibited:
[298] (a) Amusement
arcades;
(b) Any use regulated by Section 14-1605, Regulated
Uses;
(c) Car wash;
(d) Hand
laundry;
(e) Non-accessory or outdoor advertising
signs;
(f) Open air parking lots;
(g) Outdoor sales or storage
including outdoor use of coin operated machines which dispense food or drink,
but not including open air cafes within the property line and not including any
open air cafe on Broad street between South Penn Square and Washington
avenue;
[299] (h) Parking
as the sole use of a property;
(i) Repair of motor
vehicles;
(j) Restaurants, cafes, coffee shops and other similar
establishments for the sale and consumption of food and/or beverages, with
drive-in or take-out service (sale of food and/or beverages to be consumed
outside the confines of the premises); provided that take-out restaurants with a
minimum of 20 seats for indoor dining of patrons shall not be prohibited along
Market street between Front street and Fifth
street;
[300] (k) Retail
sales of products or food through a window or aperture which opens directly onto
the sidewalk, a public arcade, or public entranceway into a
building;
(l) Retail and wholesale sales of motor
vehicles;
(m) Retail and wholesale sales of automotive parts and/or the
installation of automotive parts to include audio equipment in motor
vehicles;
(n) Accessory parking with vehicular ingress and egress from
Broad street except on the west side of Broad street between Spruce street and
Pine street;
and,
[301] (o) Any
accessory speaker or audio device that causes music or voices to reach the
sidewalk area, public arcade, or public entranceway to a building, which is
adjunct to any permitted retail use, used to advertise merchandise sold, and/or
used to call to public attention the use of the premises.
(4)
Uses
Prohibited on the Ground
Floor.[302] In any building or
upon any land abutting Chestnut street and Walnut street between Front street
and the Schuylkill River and Broad street between South Penn Square and
Washington avenue, the following uses shall be prohibited from occupying the
ground floor:
(a) Blueprinting, duplicating, printing, publishing,
photoprocessing, and kindred reproduction services;
(b) Laboratories
for analytical, chemical and research purposes, assay offices;
and,
(c) Repair of household appliances and fixtures, musical
instruments, photographic equipment, radio and television equipment, shoes,
dental or prosthetic laboratories, and optical lens
grinding.
(5)
Uses Prohibited on Market street between Front street
and Fifth street.[303] In
addition to the uses prohibited as set forth in § 14-1607(3) and §
14-1607(4), the following uses shall be prohibited on Market street between
Front street and Fifth street;
(a) Athletic and drill halls, dance
halls, nightclubs, theaters with live stage performances and fixed seating,
(provided, that theaters with live theatrical stage performances and fixed
seating shall not be prohibited), motion picture auditoriums with more than 50
seats; and other entertainment of guests and patrons as a main
use;
(b) Billiards, pool and bowling;
(c) Bottling and/or
wholesale distribution of liquids for human consumption;
(d) Central
heating plants;
(e) Laboratories (analytical, chemical and research)
and assay offices;
(f) Penal and correctional
institutions;
(g) Trolley and bus terminals and car and bus
barns.
(h) Water booster or sewer booster substations, electric
transforming or gas regulating substations.
(6)
Uses Prohibited on
Broad street between South Penn Square and Washington
avenue.
[304] In addition to
the uses prohibited as set forth in § 14-1607(3) and § 14-1607(4), the
following uses shall be prohibited on Broad street between South Penn Square and
Washington avenue:
(a) Retail sale of drugs and cosmetics as a main
use;
(b) Retail sale of groceries;
(c) Retail sale of general
merchandise;
(d) Retail sale of delicatessen goods as a main
use;
(e) Retail sale and/or preparation of bakery items as a main
use;
(f) Retail sale of variety store
merchandise;
(g) Treatment and sale of pet birds and pet animals,
including boarding of pets;
(h) Water booster or sewer booster
substations, electric transforming or gas regulating
substations.
(7)
Conditional
Uses.
[305] In any building or
upon any land abutting Chestnut street and Walnut street between Seventh street
and the Schuylkill River and Broad street between South Penn Square and
Washington avenue (except as noted in § 14-1607(6) above), the following
uses shall require a Zoning Board of Adjustment
certificate:
(a) Airline ticket offices;
(b) Restaurants,
cafes, coffee shops and other similar establishments for the sale and
consumption of food and/or beverages, without drive-in or take-out service
(service at tables or sit down counter facilities only); except for restaurants
on Broad street between South Penn Square and Washington avenue and, except for
restaurants located within hotels and, except for restaurants accessory to an
office building (intended principally to serve the occupants of the building)
provided that there shall be no ingress or egress directly from any street
(accessible solely from the interior of the building) and there shall be no
signage visible from the
street;
[306] (c) Rental
of bicycles, clothing, and consumer goods;
(d) Retail sale of
delicatessen goods as a main use;
(e) Retail sale of drugs and
cosmetics as a main use;
(f) Retail sale and/or preparation of bakery
items as a main use; and,
(g) Treatment and sale of pet birds and pet
animals, including boarding of pets;
(h) Water booster or sewer booster
substations, electric transforming or gas regulating
substations.
(8)
Use Regulations, With a Special Use
Permit.
[307] The following
uses shall be permitted only if a Zoning Board of Adjustment Special Use Permit,
as herein provided, is obtained:
(a) Restaurants when located in any
building or upon any land located on the north side of Market street between
Front street and Fifth street;
(9)
Prohibited
Buildings.[308] Upon any land
abutting Chestnut street or Walnut street between Front street and the
Schuylkill River and Broad street between South Penn Square and Washington
avenue and Market street between Front street and Fifth street, the following
buildings shall be prohibited:
(a) Kiosks, as defined in subsection
14-102(46).
(10)
Bulk and Height
Controls.
[309] (a) The
main cornice line on any building erected on land abutting Chestnut street or
Walnut street shall not be less than thirty-five feet above the average sidewalk
level.
(b) No building shall be erected which is located at a point two
hundred fifty feet south of the south side of Chestnut street between Front
street and a point one hundred thirty feet east of Broad street or two hundred
fifty feet south of the south side of Chestnut street between a point one
hundred thirty feet west of Broad street and the Schuylkill River, or within two
hundred fifty feet south of the south side of Walnut street between Front street
and Eighth street and between Ninth street and a point one hundred feet east of
Broad street, or within two hundred fifty feet south of the south side of Walnut
street between a point two hundred twenty feet west of Broad street and the
Schuylkill River, unless there is compliance with the following height and bulk
controls:
(.1) The main cornice line abutting the south side of
Chestnut street or Walnut street shall not exceed fifty feet in height above the
average sidewalk level; provided, that no portion of any building within two
hundred fifty feet south of the southerly property line of Chestnut street or
two hundred fifty feet south of the southerly property line of Walnut street
shall exceed this fifty feet height limitation unless the portion or portions
above this fifty feet height limitation recede from the plane of the cornice
line a distance equal to or greater than the distance it extends above the fifty
feet height limit; provided, further, that in no case shall any portion or
portions of a building exceed three hundred feet in
height.
(.2)
Building Width Controls. For buildings fronting on
Market street between Front street and Fifth street, the maximum width of any
building measured from Market street to the rear lot line shall not exceed 35
feet; provided, that existing buildings which exceed this width shall not be
extended in width or combined with any other building or lot so as to exceed a
combined width of thirty-five feet; further provided, that any existing building
of less than thirty-five feet in width shall not be extended in width or
combined with any other building or lot so that the total combined width exceeds
thirty-five
feet.
[310] (11)
Facade
Controls.[311] No building
shall be erected nor any facade altered on any building or land fronting on
Chestnut street or Walnut street between Front street and the Schuylkill River
and Broad street between South Penn Square and Washington avenue and Market
street between Front street and Fifth street, unless plans of the facade have
been approved by the Planning Commission. The Planning Commission shall have
sixty (60) days to take action, after which its approval shall be
presumed.
(12)
Sign
Controls.[312] No signs shall
be erected or maintained on any building or land fronting on or within 200 feet
of Chestnut street, Walnut street, Broad street or Market street between Front
street and Fifth street if said sign is visible or intended to be visible from
Chestnut street or Walnut street between Front street and the Schuylkill River
or from Broad street between South Penn Square and Washington avenue or from
Market street between Front street and Fifth street, unless approved by the Art
Commission, after consultation with the Planning Commission; provided that, the
Art Commission shall have 60 days to take action, after which its approval shall
be presumed; further provided, that flashing signs, intermittent or flashing
light sources, revolving signs, animated signs, roof signs (excluding signs
identifying the name or address of a building), and projecting signs except
along Market street between Front street and Fifth street shall be
prohibited.
(13)
Discontinuance of Non-Conforming
Uses.
[313] (a) In all
buildings and/or upon all land abutting Chestnut street or Walnut street between
Seventh street and the Schuylkill River of from Broad street between South Penn
Square and Washington avenue, and Market street between Front street and Fifth
street, the uses prohibited in § 14-1607(3), relating to prohibited uses,
subsection (g), relating to outdoor sales and storage, and (o), relating to
accessory speakers, shall be discontinued immediately and shall not be resumed
or maintained, provided, all such material and devices shall be permanently
removed within 90 days of the effective date of this ordinance; further
provided, that the uses prohibited in subsection (k), relating to retail sales
through a window, shall be discontinued immediately and shall not be resumed,
provided all such windows shall be permanently removed within one year of the
effective date of this ordinance; further provided, that the uses in subsection
(e), relating to outdoor advertising, shall be discontinued and shall not be
resumed or maintained at the expiration of 2 years from the effective date of
this
ordinance.
[314] (b) Nothing
in this section shall imply or incur any obligation on the part of the City to
compensate any person for any financial loss attributed to the discontinuance of
a non-conforming use.
(14)
Discontinuance of
Operation.[315] If in any
building and/or upon any land abutting Chestnut street or Walnut street between
Front street and the Schuylkill River and Broad street between South Penn Square
and Washington avenue or Market street between Front street and Fifth street any
use prohibited in § 14-1607(3)(a) through (o) and § 14-1607(5)(a)
through (h), above, should cease or discontinue for a period of 90 or more
consecutive days, it may not resume, or be replaced by any similar use unless it
complies with all the requirements set forth in this
Chapter.
(15) Discontinuance of Non-Conforming
Buildings:
[316] (a) Upon
all land abutting Chestnut street or Walnut street between Front street and the
Schuylkill River and Broad street between South Penn Square and Washington
avenue or Market street between Front street and Fifth street, the buildings
prohibited in § 14-1607(9), relating to prohibited buildings, shall be
permanently removed within 3 years of the effective date of this
subsection.
[317] (b) Nothing
in this section shall imply or incur any obligation on the part of the City to
compensate any person for any financial loss attributed to the discontinuance of
a non-conforming building.
(16) With respect to non-conforming uses in
buildings and/or upon land abutting Chestnut street or Walnut street between
Eighteenth street and the Schuylkill River, the time periods referred to in
subsection (13), concerning Discontinuance of Non-Conforming Uses, shall relate
to the effective date of this subsection
(16).
[318] (17) With
respect to non-conforming buildings and non-conforming uses in buildings and/or
upon land abutting Broad street between Pine street and Washington avenue, the
time periods referred to in subsection (13), concerning Discontinuance of
Non-Conforming Uses and subsection (15), concerning Discontinuance of Non-
Conforming Buildings, shall relate to the effective date of this
subsection.
[319] (18) With
respect to non-conforming uses in buildings and non-conforming uses in buildings
and/or upon land abutting Market street between Front street and Fifth street,
the time periods referred to in subsection (13), concerning Discontinuance of
Non-Conforming Uses, and subsection (15), concerning Discontinuance of
Non-Conforming Buildings shall relate to the effective date of
subsection.
[320] (19)
Conflicting
Regulations.[321] When the
provisions of this section conflict with the provisions of § 14-224,
relating to the "RC-4" Residential District, and/or the provisions of §
14-305, relating to the "C-4" and "C-5" Commercial Districts, the more
restrictive provisions shall
control.
(20)
Enforcement.[322]
No permits for any construction, alteration and/or renovation of any building or
upon any land shall be issued by the Department of Licenses and Inspections
unless there is compliance with all of the applicable sections of this Chapter;
provided, that within the specified time periods after the enactment of this
ordinance, the Department shall institute any appropriate action or proceeding
to enforce the requirements that all uses listed in § 14-1607(13),
Discontinuance of Non-Conforming Uses, and all buildings listed in §
14-1607(15), Discontinuance of Non-Conforming Buildings, have been removed;
further provided, that any person aggrieved by any decision of any officer,
department, board or commission of the City acting under the authority of this
Chapter shall have the right to take an appeal of such decision by requesting a
variance from the Zoning Board of Adjustment.
(21)
Sidewalk
Cafes.[323] Nothing in this
Section 14-1607 shall prohibit or require a Zoning Board of Adjustment
certificate for the maintenance of sidewalk cafes, if licensed in accordance
with Section 9-208 of the Code, at any of the following
locations:
(a) Chestnut street, from Front street to Broad
street;
(b) Walnut street, from Front street to Broad
street;
(c) Market street, from Front street to Fifth
street;
(d) Broad street, from South Penn square to north houseline of
Washington avenue;
(e) Chestnut street, from Broad street to Eighteenth
street;
and
(f) Walnut
[324]
street, from Broad street to Eighteenth street.