(1) Legislative Findings.
The Council finds
(a) Major public and private investments have been made and
continue to be made in and around Fifth street to preserve and protect the
economic development potential, and protect and promote the economic vitality of
this area of Philadelphia;
(b) The revitalization of Fifth street is
important to the economic vitality and diverse character of Philadelphia in that
it serves as a shopping area for nearby residents;
(c) It is desirable
to maintain the pedestrian friendly atmosphere of this area as future
development and redevelopment progresses along Fifth street;
Zoning Code recognizes that wholesale businesses do not belong in retail areas.
permitted under the provisions of the "C-1" and "C-2" Commercial zoning
classifications. These zoning classifications are the categories that have been
traditionally used to designate the retail areas in older areas of the
(e) Despite the fact that existing Zoning Code provisions would
not permit wholesale businesses in this area, a number of wholesale
establishments currently exist along this stretch of Fifth
(f) Wholesale businesses in and out of themselves are not
necessarily offensive but when located in a traditionally retail area can have
negative impacts on surrounding conforming businesses;
concentration of these uses causes a deleterious effect on the aesthetics and
economics of the areas in which they are located;
special land use and zoning controls, providing for the prohibition of certain
uses are required to preserve the integrity of this
(2) District Boundaries.
For the purposes of this Section,
the Fifth street Special District Controls shall apply to all properties with
frontage on Fifth street between Cheltenham avenue on the north and Wyoming
avenue on the south.
(3) Prohibited Uses.
Within the area subject
to the Fifth street Special District Controls and notwithstanding any other
Chapter of this Title, the following uses shall be
(a) Wholesale sales;
Zoning Board of Adjustment shall not grant variances from the provisions of
§ 14-1617(3)(a) except where the denial of a variance would effect an