§14-1614. Cecil B. Moore Avenue Special District Controls. [347]


(1) Legislative Findings. The Council finds that:

(a) Major public and private investments have been made and continue to be made along Cecil B. Moore avenue to prevent declining property values, enhance residential uses in and adjacent to this area of the City, and protect and promote the economic vitality of this area of Philadelphia;

(b) Substantial public investment within and immediately adjacent to Cecil B. Moore avenue includes the restoration, adaptive reuse, and reconstruction of numerous structures as well as new construction, thereby creating employment opportunities and new housing units within the area;

(c) Temple University has recently begun the construction of a multi-million dollars sports, entertainment and education complex known as "The Apollo of Temple" on Broad street between Cecil B. Moore avenue and Montgomery avenue;

(d) Therefore, special land use and zoning controls are required to protect the existing residential and commercial properties which are within and which surround this district and are critical to the vitality of this section of the City.

(2) Purpose of the District. This special district is established in order to preserve and protect this area of the City through the enactment of the Cecil B. Moore Special District Controls. It is recognized that this section of the City is unique and is a vital, mixed use district various residential uses and commercial uses. This pattern contributes to the distinctive atmosphere of this area. Council recognizes the need to establish special land use and zoning controls to protect the investment in and foster the preservation and development of this section of the City in accordance with its special character.

(3) District Boundaries. For the purposes of this section, the Cecil B. Moore Avenue Special District Controls shall apply to all commercially zoned properties with frontage on Cecil B. Moore avenue between Broad street and Eighteenth street.

(4) Prohibited Uses. Within the area subject to the Cecil B. Moore Avenue Special District Controls, and notwithstanding any other Chapter of this Title, the following uses shall be prohibited:

(a) Automobile repair shop;

(b) Automobile service station;

(c) Installation of auto, boat, motorcycle or truck parts;

(d) Retail sale of bakery goods, confectionery goods, fruits, vegetables, groceries, meat and/or seafood where the use exceeds 1,000 square feet of floor area;

(e) Retail sales of automobiles, boats, motorcycles and parts;

(f) Retail sale of drugs and cosmetics;

(g) Retail sale of variety store merchandise;

(h) Club houses, lodges and fraternity houses.

(5) Uses Prohibited on the Ground Floor. Within the area subject to the Cecil B. Moore Avenue Special District Controls, and notwithstanding any other Chapter of this Title, the following uses shall be prohibited from occupying the ground floor;

(a) Business or professional office or agency;

(b) Personal service or treatment of patients.

(6) Building Set-back Line.

(a) Newly erected buildings shall have no set back from the street line of Cecil B. Moore avenue.

(7) Conflicting Regulations. When the provisions of this section conflict with other provisions of this Title, the more restrictive provisions shall control.