(1)
Legislative Findings. The Council finds
that:
(a) The current system of floor area bonuses in the Zoning Code,
in many cases, has resulted in the construction of buildings with public space
that is unattractive, inaccessible and which makes little contribution to the
ambiance or the pedestrian experience of Center City.
(b) Requiring
enhanced public access, seating, landscaping, lighting, public art and other
amenities as part of high density commercial and residential developments in the
"RC-4" Residential District would have a positive impact on the appearance and
function of those developments, would provide attractive, accessible and useable
public space for the occupants of these buildings as well as for visitors and
the general public and would contribute to the economic and social vitality of
the City of Philadelphia.
(c) Philadelphia has long been recognized and
noted for encouraging public art through requirements in the City Charter and of
the Redevelopment Authority and the City’s collection of public art is a
distinctive asset. Inclusion of public art in the public space of all major new
buildings will enhance the appearance of these buildings as well as expand the
public enjoyment and experience associated with the public space. Therefore,
public art should be provided as an integral part of the public space
requirements for buildings for which additional gross floor area is
granted.
(d) The current requirements of the "RC-4" Residential
District do not include design standards which adequately address the provision
of light and air to adjacent public sidewalks and streets.
(e) Because
Philadelphia’s Center City is concentrated, is built on a grid system of
streets, and is served by accessible public transit, it has become known for
having "a walkable downtown." The retention of the ambiance of bright,
attractive streets and sidewalks is important to maintaining this image and
function. Therefore, buildings should be designed so as to minimize the adverse
impact upon the availability of light and air to the public sidewalks, and to
minimize the adverse effect upon the abutting sidewalk of other functions
related to the building, such as parking and loading.
(f) Despite the
demonstrated need for retail commercial space to serve the occupants of office
buildings and to enliven the abutting sidewalks and public spaces, such retail
space is currently not required nor encouraged under the provisions of the
Zoning Code.
(g) While loading and unloading of trucks in the public
streets and onto and across the public sidewalk often creates pedestrian and
vehicular safety hazards, congestion and other traffic problems, the current
provisions of the "RC-4" Residential District do not regulate open air loading
and unloading.
(h) The storage and disposal of trash and garbage is the
responsibility of the owner of the building. The use of the public streets and
sidewalks to store and handle the trash and garbage from Center City commercial
establishments contributes greatly to litter throughout Center City and
constitutes a threat to public health and safety. Therefore, storage of trash
and disposal of garbage should be accommodated within the
building.
(i) The demolition of buildings to allow for surface parking
lots has had a negative impact on retail continuity in Center City, has impaired
the architectural and/or historical context of many areas of Center City and has
resulted in the proliferation of curb cuts, which has had a negative impact upon
the safety and flow of pedestrian and vehicular traffic.
(j) Center
City Philadelphia is noted for the close relationship between the business core
and surrounding residential neighborhoods. These neighborhoods are predominantly
characterized by a mixture of two (2) to five (5) story houses, many of which
are more than one hundred (100) years of age. Philadelphia has had a long
tradition of historic preservation. An important element of preservation is the
retention of the historic scale of the residential neighborhoods and the scale
of development where the business core abuts the neighborhoods. Accordingly,
special bulk and height controls are desirable and necessary to control new
development south of Chestnut street.
(k) Another important element in
preserving the historic scale of the residential neighborhoods of Center City is
to discourage the destruction of historic buildings because they are believed to
be no longer economically viable. This can occur because of market forces,
because existing zoning permits a building to be replaced by a larger building
or because a building does not generate enough revenue to sustain its existence.
The sale and transfer of the excess development rights of historic properties to
other properties, located in areas of the business core where dense commercial
development is appropriate, would generate funds to make such properties more
economically viable and to permit and encourage preservation and maintenance of
historic properties.
(l) Center City Philadelphia is well served by
public transportation facilities which provide ease of access to tenants,
employees and customers of Center City buildings. Increased usage and demands
upon these facilities result from increased levels of development. In order to
maintain these facilities and to mitigate against this impact, developers of
major new buildings should be encouraged to maintain, construct, rehabilitate or
contribute to the maintenance, construction, and/or rehabilitation of public
transit facilities within close proximity to their
development.
(m) While new development contributes to the tax base of
the City and provides employment opportunities, it also places increased demands
upon the City in the form of increased pedestrian, automobile and truck traffic.
Therefore, controls upon the number and location of curb cuts are necessary to
protect the public safety and to facilitate pedestrian, automobile and truck
traffic.
(2)
Use Regulations. It is the intention of this section
to allow for types of uses that are commonly found in and compatible with, a
high-density business core. The uses permitted in this District are those which
minimize negative impact upon and which are compatible with the use and
enjoyment of the public sidewalks and public space by large numbers of people
and which enliven and enhance the public use, experience and enjoyment of these
spaces. Therefore, the specific uses permitted in this District shall be the
erection, construction, alteration or use of buildings and/or land
for:
(a) The uses permitted in "RC-3" Residential Districts subject to
all the use qualifications set forth therein except:
(.1) All
limitations on multiple buildings on a lot, whether stated or implied, shall not
apply, provided that permanent and/or portable vendor stands, vendor carts
and/or retail kiosks shall be permitted only when ancillary to the main use of
the property or as part of the required retail space. This provision is intended
to prohibit the placement of vending machines, vendor stands and/or retail
kiosks as the principal use of a lot or as a use accessory to a parking
lot;
(.2) All limitations on professional offices and other commercial
uses shall be removed and these uses shall be subject to the limitations set
forth below;
(.3) Commercial Uses. Permitted commercial uses shall be
subject to the following limitations:
(.a) Such uses shall be
permitted only on the first floor of buildings five (5) stories or less in
height, provided that such use shall be permitted on the first or second story
of buildings greater than six (6) stories in height, further provided that such
uses shall be permitted anywhere in buildings fifteen (15) stories or greater in
height;
(.b) One such use, not to exceed thirty-three percent (33%)
of the gross floor area of the ground floor, shall be permitted in any structure
containing less than twenty-five (25) dwelling units, provided that such use is
limited to the ground floor of the structure;
(.c) Such uses shall be
permitted in structures containing twenty-five (25) or more dwelling units, at
the rate of fifty square feet of commercial area for each dwelling unit actually
existing at the time of the beginning of such commercial
use;
(.d) Business or professional offices, personal services or
treatment of patients shall be permitted provided that in buildings six (6)
stories or greater in height containing twenty-five (25) or more dwelling units,
these uses shall not be located below the second story; and
(.e) Only
the following commercial uses shall be permitted:
(.i) Sales at
retail, separately or in any combination, in completely enclosed stores, shops
or structures, or from vendor carts or stands located within the public space of
the premises and dealing directly with consumers: apparel, confections, drugs,
flowers, foods, giftshop goods, greeting cards, jewelry (including watch
repair), reading material, tobacco goods and variety store
goods;
(.ii) Custom tailoring or dressmaking, laundry and/or dry
cleaning pickup agency (provided that no laundering and/or dry cleaning shall be
done on the premises);
(.iii) Restaurant, soda or ice cream
fountain, catering and outdoor café.
(.4) The following uses
shall be prohibited:
(.a) Private open-air parking lot, accessory to
any use permitted in this District, which is not on the same lot as the
permitted use or on a lot abutting the permitted use;
(.b) Private
parking lot, accessory to any use permitted in this District, which is located
on Chestnut street or Walnut street between Front street and the Schuylkill
River, or which is located within two hundred feet of the Benjamin Franklin
parkway;
(.c) Parking garages with a capacity of over five hundred
(500) cars which are on a lot which is located south of the South street line of
Chestnut street between Front street and the Schuylkill River, except garages on
lots which have frontage on Broad street;
(.d) Parking garages which
are located on Chestnut street or Walnut street between Front street and the
Schuylkill River, on Locust street between Front street and Juniper street or
between Fifteenth street and the Schuylkill River, on Spruce street east of
Broad street, or on the Benjamin Franklin parkway which have vehicular ingress
and/or egress on Chestnut street, Walnut street, Locust street or the Benjamin
Franklin parkway;
(.e) Loading and trash storage areas which have
vehicular ingress and/or egress on Chestnut street or Walnut street between
Front street and the Schuylkill River, on Locust street between Front street and
Juniper street or between Fifteenth street and the Schuylkill River, on Spruce
street east of Broad street, or on the Benjamin Franklin
parkway;
(.f) Restaurants which serve patrons who remain in their
vehicles;
(.g) Vending machines, vendor stands and/or retail kiosks
as the principal use of a lot or as a use accessory to a parking
lot;
(.h) Any permitted use within an existing building or upon a lot
for which a trash storage area, within the building and/or lot, as herein
provided, is not provided when an application for a change of use of the
building or lot requires the issuance of a new Use Registration Permit;
and,
(.i) Any restaurant, cafe, soda or ice cream fountain, catering,
or preparation and sale of food to be consumed off or on the premises and/or any
outdoor dining areas which is placed on a lot after the effective date of this
section which does not have a garbage disposal system and a trash storage area,
within the building and/or lot as herein provided.
(3)
Use
Regulations, With A Special Use Permit. The following uses shall be
permitted in this district only if a Zoning Board of Adjustment Special Use
Permit, as herein provided, is obtained:
(a) Accessory private parking
lots except as prohibited in § 14-214(2)(a)(.4)(.a) and (.b)
above;
(b) Loading and/or trash storage areas which are located on
Broad street between Pine street and Spring Garden street or on Market street
between Front street and the Schuylkill River and which have vehicular ingress
and/or egress on Broad street or Market street;
(c) Accessory parking
garage or permitted accessory parking lots which are located on Broad street
between Pine street and Spring Garden street or on Market street between Front
street and the Schuylkill River and which have vehicular ingress and/or egress
on Broad street or Market street; and,
(d) Private above ground parking
garage, incidental to any use permitted in this District.
(4)
Area
Regulations. These regulations are intended to encourage
residential/commercial development that is sympathetic to and compatible with
the existing pattern of development. Their goal is to protect and reinforce the
historic scale of certain areas and to ensure the continuity of use and
architectural scale in other areas. These regulations recognize that some areas
of Center City are more appropriate than other areas for the erection of tall,
dense buildings and, therefore, encourage such development in some areas while
discouraging it in others. These regulations are intended to ensure that new
development creates lively, well lit, attractive and useable sidewalks and
public spaces and to encourage the creation of unique and exciting new areas of
public enjoyment.
(a)
Occupied Area. Subject to all other
provisions and requirements of these districts as set forth below, buildings may
occupy up to one hundred percent (100%) of the lot area, except that buildings
of five (5) stories or less containing one (1) or more families shall not occupy
more than ninety percent (90%) of the lot area.
(b)
Open Area.
Open area shall be determined by other provisions and requirements, set forth
herein, except that buildings of five (5) stories or less containing one (1) or
more families shall have an open area of not less than ten percent (10%) of the
lot area. Yards and courts shall at least equal an area not less than the total
required open space.
(c)
Open Area Above Ground Level. In order
to prevent the entire street and adjoining sidewalks and public spaces from
being placed in constant shadow, buildings should occupy less of the area of the
lot as they become taller. These controls should be established to enhance the
utility of public space as well as the public sidewalk by providing for the
penetration of sunlight and air. Therefore, development controls which require
that the upper floors of buildings occupy no more than thirty percent (30%) to
seventy-five percent (75%) of the lot area, are imposed as follows, provided,
that when lots are located in areas which are subject to other more restrictive
height and bulk controls set forth in other sections of this title, the most
restrictive regulations shall apply.
(.1) Buildings within the basic
allowable gross floor area, as provided herein, and three hundred feet or less
in height above the average ground level:
(.a) Buildings which have a
gross floor area not exceeding a floor area ratio of five hundred percent (500%)
may occupy one hundred percent (100%) of the lot for the first sixty-five feet
of building height measured above the average ground level. Portions of a
building above this level may not occupy more than seventy-five percent (75%) of
the lot.
(.2) Buildings not within the basic allowable gross floor
area, as provided herein and/or the first three hundred feet of building
height:
(.a) From ground level to a point sixty-five feet above the
average ground level of the lot, buildings may occupy one hundred percent (100%)
of the lot;
(.b) From a point sixty-five feet above the average
ground level of the lot, buildings, including mechanical space, shall occupy no
more than seventy-five percent (75%) of the lot up to a point three hundred feet
in height above the average ground level;
(.c) From three hundred
feet above the average ground level of the lot, buildings, including mechanical
space, shall occupy no more than fifty percent (50%) of the lot up to a point
five hundred feet in height above the average ground level, or buildings,
including mechanical space, over three hundred feet but less than five hundred
feet in height above the average ground level may be constructed so that the
average lot coverage of the building above a point sixty-five feet above the
average ground level of the lot, shall not exceed sixty percent (60%) of the
lot;
(.d) From five hundred feet above the average ground level of
the lot, buildings, including mechanical space, shall occupy no more than forty
percent (40%) of the lot up to a point seven hundred feet in height above the
average ground level, or buildings, including mechanical space, over five
hundred feet but less than seven hundred feet in height above the average ground
level may be constructed so that the average lot coverage of the building above
a point sixty-five feet above the average ground level of the lot, shall not
exceed fifty percent (50%) of the lot;
(.e) From seven hundred feet
above the average ground level of the lot, buildings, including mechanical
space, shall occupy no more than thirty percent (30%) of the lot, or buildings,
including mechanical space, over seven hundred feet in height above the average
ground level may be constructed so that the average lot coverage of the building
above a point sixty-five feet above the average ground level of the lot, shall
not exceed forty percent (40%) of the lot.
(d)
Building Set-back,
Front Yards and Rear Yards. In this district, building set-backs, front
yards and rear yards shall not be required, subject to other requirements
contained herein, for legally required windows, set-backs to ensure the
penetration of sunlight, set-backs to ensure continuity of development, for the
adequate spacing of buildings, and/or for public space, provided, that when lots
are located in areas which are subject to other more restrictive set-back or
yard controls set forth in other Sections of this Title, the most restrictive
regulations shall apply.
(e)
Yards and Courts. For buildings of
four (4) stories or less with less than three (3) families the following
requirements shall apply:
(.1)
Side Yards and Courts. When side
yards and courts are provided they shall have a minimum width of five
feet.
(f)
Yards and Courts. For buildings of four (4) stories or
less with more than three (3) families the following requirements shall
apply:
(.1)
Side Yards and Courts With Legally Required
Windows. Any wall with one (1) or more legally required window shall be
located so that every point of the wall shall be a minimum horizontal distance
which is not less than the height of the wall, from:
(.a) the
opposite side of any street the wall faces;
(.b) any facing lot line
which is not a street line; and,
(.c) any opposing wall on the same
lot.
(.2)
Side Yards and Open Courts Without Legally Required
Windows. When side yards and courts are provided they shall have a minimum
width of eight feet.
(g)
Yards and Courts. For buildings of five
(5) stories or greater with more than three (3) families the following
requirements shall apply:
(.1)
Side Yards and Courts With Legally
Required Windows. Any wall with one (1) or more legally required window
shall be located so that every point of the wall shall be a minimum horizontal
distance which is not less than the following:
(.a) the distance to
the opposite side of any street the wall faces;
(.b) twenty-five feet
from any facing lot line which is not a street line, provided that this distance
may be reduced by the width of any abutting property for which the air rights
have been purchased or legally obtained (documentation as to the acquisition of
the air rights in the form of a recordable instrument which has been approved by
the Law Department and acknowledged in the deeds for both properties shall be
provided to meet this exception) so as to assure that no wall or structure could
be built, at any time in the future, which is at least as high or higher, above
ground level, than the legally required window and, within twenty-five feet or
less of the legally required windows; or,
(.c) twenty-five feet from
any opposing wall on the same lot, provided that the wall is at least as high or
higher above ground level as the legally required window.
(.2)
Side
Yards and Open Courts Without Legally Required Windows. When side yards and
courts are provided they shall have a minimum width of eight
feet.
(5)
Set-back and Maximum Building Width. The purpose of
this section is to maintain and reinforce the continuity and character of scale
of the existing pattern of development on the major east/west streets south of
Market street. These streets which are characterized by large numbers of low
scale 18th, 19th and early 20th century residential and commercial buildings
have served as traditional pedestrian links and/or retail shopping streets since
the beginning of the City’s development. The vast majority of block faces
within this area of the City are characterized by numerous narrow buildings of
diverse scale and architecture. Over eighty-five percent (85%) of the buildings
along the major east/west streets are less than sixty feet in width. An
additional twelve percent (12%) of the buildings, mostly existing on the corners
of major north/south streets, are between sixty feet and one hundred feet wide.
The major east/west streets are used daily by thousands of pedestrians moving
through and about the city who are drawn here by the pleasant ambiance created
by the richness and diversity of the buildings and the availability of a large
range of goods and services found at the street level of the buildings that line
the sun lighted sidewalks. These controls are intended to retain the
relationship between building facades and the sidewalk, by not permitting
building set-backs from certain streets, and to ensure the continued penetration
of sunlight and air to the sidewalks by imposing height restrictions along the
south sides of certain streets, and to continue the diversity of types and scale
of buildings by imposing limits on the maximum width of buildings along certain
streets. Therefore, all newly erected buildings, and additions to existing
buildings shall comply with the following
requirements:
(a)
Buildings or Portions of Buildings Fronting on
Chestnut Street. Buildings or portions of buildings fronting on Chestnut
street between Front street and the Schuylkill River shall comply with the
following requirements:
(.1)
Set-back. Set-back of buildings or
structural elements of buildings or its public space shall comply with the
following requirements, except for those portions of the building or its public
space subject to the requirements for openings and entranceways, set forth
herein:
(.a)
Chestnut Street. Buildings or portions of
buildings abutting Chestnut street shall have no set-back from the street line
of Chestnut street.
(.2)
Maximum Building Width. The maximum
width of any newly erected building or existing building to which an addition is
added which increases the building’s frontage along Chestnut street after
the effective date of this section shall comply with the following building
width requirements:
(.a)
North Side of Chestnut Street.
Buildings or portions of buildings abutting the north side of Chestnut street
shall not be subject to a maximum building width;
(.b)
Buildings
With Frontage on Broad Street. Buildings or portions of buildings abutting
Chestnut street which also have frontage on Broad street shall not be subject to
a maximum building width;
(.c)
South Side of Chestnut Street.
Buildings or portions of buildings abutting the south side of Chestnut
street which also have frontage on Front street, any numbered street (Second
street to Twenty-fourth street), or on Juniper street shall be built so that the
total frontage of the building along Chestnut street (measured on a line
parallel to Chestnut street) does not exceed one hundred feet. All other
buildings shall be built so that the total frontage of the building along
Chestnut street (measured on a line parallel to Chestnut street) does not exceed
sixty feet.
(b)
Buildings or Portions of Buildings Fronting on
Walnut Street. Buildings or portions of buildings fronting on Walnut street
between Front street and the Schuylkill River shall comply with the following
requirements:
(.1)
Set-back. Set-back of buildings or
structural elements of buildings or its public space shall comply with the
following requirements, except for those portions of the building or its public
space subject to the requirements for openings and entranceways, set forth
herein:
(.a)
Walnut Street. Buildings or portions of buildings
abutting Walnut street shall have no set-back from the street line of Walnut
street.
(.2)
Maximum Building Width. The maximum width of any
newly erected building or existing building to which an addition is added which
increases the building’s frontage along Walnut street after the effective
date of this section shall comply with the following building width
requirements:
(.a)
North Side and South Side of Walnut Street.
Buildings or portions of buildings with frontage on the south side of Walnut
street which also have frontage on Front street, any numbered street (Second
street to Twenty-fourth street) or on Juniper street shall be built so that the
total frontage of the building along Walnut street (measured on a line parallel
to Walnut street) does not exceed one hundred feet. All other buildings shall be
built so that the total frontage of the building along Walnut street (measured
on a line parallel to Walnut street) does not exceed sixty
feet;
(.b)
Buildings With Frontage on Broad Street. Buildings
or portions of buildings with frontage on Walnut street which also have frontage
on Broad street shall not be subject to a maximum building
width.
(c)
Buildings or Portions of Buildings Fronting on Locust
Street. Buildings or portions of buildings fronting on Locust street between
Front street and the Schuylkill River shall comply with the following
requirements:
(.1)
Set-back. Set-back of buildings or
structural elements of buildings or its public space shall comply with the
following requirements, except for those portions of the building or its public
space subject to the requirements for openings and entranceways, set forth
herein:
(.a)
Locust Street. Buildings or portions of buildings
with frontage on Locust street shall have no set-back from the street line of
Locust street.
(.2)
Maximum Building Width. The maximum width
of any newly erected building or existing building to which an addition is added
which increases the building’s frontage along Locust street after the
effective date of this section, shall comply with the following building width
requirements:
(.a)
North Side and South Side of Locust Street.
Buildings or portions of buildings with frontage on the south side of Locust
street which also have frontage on Front street, any numbered street (Second
street to Twenty-fourth street) or on Juniper street shall be built so that the
total frontage of the building along Locust street (measured on a line parallel
to Locust street) does not exceed one hundred feet. All other buildings shall be
built so that the total frontage of the building along Locust street (measured
on a line parallel to Locust street) does not exceed sixty
feet;
(.b)
Buildings With Frontage on Broad Street. Buildings
or portions of buildings with frontage on Locust street which also have frontage
on Broad street shall not be subject to a maximum building
width.
(d)
Buildings or Portions of Buildings Fronting on Spruce
Street. Buildings or portions of buildings fronting on Spruce street between
Front street and the Schuylkill River shall comply with the following
requirements:
(.1)
Set-back. Set-back of buildings or
structural elements of buildings or its public space shall comply with the
following requirements, except for those portions of the building or its public
space subject to the requirements for openings and entranceways, set forth
herein:
(.a)
Spruce Street. Buildings or portions of buildings
with frontage on Spruce street shall have no set-back from the street line of
Spruce street.
(.2)
Maximum Building Width. The maximum width
of any newly erected building or existing building to which an addition is added
which increases the building’s frontage along Spruce street after the
effective date of this section shall comply with the following building width
requirements:
(.a)
North Side and South Side of Spruce Street.
Buildings or portions of buildings with frontage on the south side of Spruce
street which also have frontage on Front street, any numbered street (Second
street to Twenty-fourth street) or on Juniper street shall be built so that the
total frontage of the building along Spruce street (measured on a line parallel
to Spruce street) does not exceed one hundred feet. All other buildings shall be
built so that the total frontage of the building along Spruce street (measured
on a line parallel to Spruce street) does not exceed sixty
feet;
(.b)
Buildings With Frontage on Broad Street. Buildings or
portions of buildings with frontage on Spruce street which also have frontage on
Broad street shall not be subject to a maximum building
width.
(e)
Openings and Entranceways. A major goal of the area
regulations of this District is to create a system of land use controls that
protect the public interest and historic context of Center City while at the
same time, permitting and encouraging a broad spectrum of architectural
expression. Recognizing that the way a building meets the sidewalk is of
critical importance to the ambiance, utility and public enjoyment of the
sidewalk, these regulations are intended to encourage the creation of street
level activity by requiring certain facade elements at street level along
certain streets, and to allow for architectural diversity and interest by
allowing for the articulation of building facades. Therefore, entrances, windows
and architectural recesses in building facades need not conform to the above
listed set-back regulations, but shall comply with the following requirements
for all buildings or portions of buildings with frontage on Chestnut street,
Walnut street, Locust street and Spruce street.
(.1)
Entrance
Arcades. Entry arcades that do not comply with the set-back requirements set
forth in § 14-214(5)(a) through (d) above may be incorporated into a
building facade, provided that the entrance arcade shall not exceed in height,
above the sidewalk level, more than thirty-three percent (33%) of the total
facade height, further provided that the entrance arcade shall in no case exceed
forty feet in height above the sidewalk level. In addition, entry arcades shall
not exceed thirty feet in width (measured on a line parallel to the street it
abuts), provided that all entrance arcades must provide public access to
building entrances, retail space and/or other public space; and abut active
space, as defined herein, for no less than eighty percent (80%) of the perimeter
walls creating the entrance arcade;
(.2)
Windows, Doors and
Architectural Recesses. Windows, doors and architectural recesses that do
not comply with the set-back requirements set forth in § 14-214(5)(a)
through (d) above may be incorporated into a building facade, provided that no
individual or group of windows, doors or recesses shall exceed, in width
(measured on a line parallel to the street it abuts), thirty percent (30%) of
the street frontage of the facade, further provided that the combination of all
windows, doors and architectural recesses shall not exceed, in width (measured
on a line parallel to the street it abuts), fifty percent (50%) of the street
frontage of the facade in which they are placed;
(.3)
Openings and
Entrances to Public Space. Openings and entrances to public space that do
not comply with the set-back requirements set forth in § 14-214(5)(a)
through (d) above may be incorporated into a building facade, provided that no
individual or combinations of openings or entrances exceed, in width (measured
on a line parallel to the street it abuts), thirty percent (30%) of the street
frontage of the facade in which they are placed.
(f)
Active Space
Requirements. It is recognized that buildings can enhance the public
pedestrian usage of the sidewalks by providing an interesting, lively and active
presence at street level. Certain east/west streets south of Market street in
Center City, traditionally have served as major pedestrians thoroughfares,
attracting heavy pedestrian usage because of the lively, diverse ambiance that
characterizes these streets. In addition to being comprised of a variety of
small architecturally and historically diverse buildings, these streets, at
ground level, contain uses which enliven the street. Retail shops, building
lobbies, theaters, restaurants, galleries, exhibitions, churches, etc., give
vitality to these streets which, in turn, benefits all of the workers and
visitors in Center City. It is in the interest of the City to preserve and
enhance the unique character of these streets and to continue their pleasant,
active ambiance, thereby retaining an important public asset for the residents,
users and visitors to Center City. It is important to require active street
level usage of buildings and lots along these streets. Therefore, for lots
fronting on Chestnut street, Walnut street and Locust street between Front
street and the Schuylkill River, active space shall be provided along no less
than eighty percent (80%) of the frontage along Chestnut street, Walnut street
and Locust street.
(.1) The following uses, either individually or in
any combination, shall qualify as active space in meeting requirements for such
space as set forth herein:
(.a) Retail sales areas and
restaurants;
(.b) Office, hotel and/or theater
lobbies;
(.c) Libraries, museums, galleries and exhibition
space;
(.d) Places of worship;
(.e) Enclosed public space,
enclosed gardens, public rooms, through block connections;
and,
(.f) Entrances to public transit stations and/or the public
transit concourse.
(6)
Set-back and Building Spacing
Requirements. It is recognized that buildings which deny the penetration of
light and air to the public sidewalks detract from the use of such sidewalks by
the public and sidewalks which are constantly in the twilight of building
shadows are less hospitable to pedestrian usage. Carefully designed set-back and
building spacing requirements can enhance the public pedestrian usage of the
sidewalks by providing for the adequate penetration of sunlight and air.
Therefore, these requirements are intended to ensure adequate penetration of
light and air to surrounding sidewalks, public spaces and buildings, and to
maintain the adequate spacing of buildings in areas of the City where buildings
of the greatest height and density are permitted.
(a)
John F.
Kennedy Boulevard. For lots fronting on or south of the south side of John
F. Kennedy boulevard between Fifteenth street and the Schuylkill River, the
following regulations shall
apply:
(.1)
Set-back. (.a)
John F. Kennedy
Boulevard Frontage. There shall not be a set-back
required;
(.b)
Frontage on Numbered Streets. For lots with
frontage on numbered streets and which are between John F. Kennedy boulevard and
Market street, the minimum building set-back line shall be five
feet;
(.2) Spacing of Buildings Sixty-five Feet or Greater in Height
Within the First Ninety Feet South of the South Side of John F. Kennedy
Boulevard between Fifteenth Street and Twenty-fourth Street
Inclusive:
(.a) The minimum distance between buildings, from a point
sixty-five feet or greater above the average ground level, shall be seventy-five
feet;
(.b) Along any property line which is not a street line and
which is parallel to any numbered street, the minimum distance between the
building, from a point sixty-five feet or greater above the average ground
level, and the property line shall be thirty-seven and one-half
feet.
(.3)
Aggregate Building Width For Buildings or Portions of
Buildings Over Sixty-five feet in Height. Within the first ninety
feet south of the south side of John F. Kennedy boulevard, all buildings or
portions of buildings over sixty-five feet above the average ground level,
measured along a line parallel with John F. Kennedy boulevard, shall have a
maximum aggregate width not exceeding two hundred fifty feet or sixty-six
percent (66%) (whichever is less) of the block frontage along John F. Kennedy
boulevard.
(b)
Market street. For lots fronting on or south of
the south side of Market street between Fifteenth street and the Schuylkill
River the following regulations shall
apply:
(.1)
Set-back:
(.a)
Market street
Frontage. There shall not be a set-back
required;
(.b)
Frontage on Numbered Streets. For lots with
frontage on numbered streets and which are between John F. Kennedy boulevard and
Market street, the minimum set-back line shall be five
feet;
(.2) Spacing of Buildings Sixty-five Feet or Greater in Height
Within the First Ninety Feet South of the South Side of Market Street between
Fifteenth Street and Twenty-fourth Street Inclusive:
(.a) The minimum
distance between buildings, from a point sixty-five feet or greater above the
average ground level, shall be seventy-five feet;
(.b) Along any
property line which is not a street line and which is parallel to any numbered
street, the minimum distance between the building, from a point sixty-five feet
or greater above the average ground level, and the property line shall be
thirty-seven and one-half feet.
(.3) Aggregate Building Width For
Buildings or Portions of Buildings Over Sixty-five Feet in Height. Within the
first ninety feet south of the south side of Market street, all buildings or
portions of buildings over sixty-five feet above the average ground level,
measured along a line parallel with Market street, shall have a maximum
aggregate width not exceeding two hundred fifty feet or sixty-six percent (66%)
(whichever is less) of the block frontage along Market
street.
(7)
Height Regulations. The height regulations in this
district shall be as set forth herein, provided, that when other sections of
this Title require more restrictive height regulations, the more restrictive
regulations shall take precedent.
(a)
John F. Kennedy Boulevard.
For lots fronting on and south of John F. Kennedy boulevard between Fifteenth
street and the Schuylkill River the following regulations shall
apply:
(.1)
Minimum Height. The minimum height of any building
shall be thirty-five feet above the average sidewalk level at the street
line;
(.2)
Maximum Height. There shall not be a maximum height
limit;
(.3)
Frontage On Numbered Streets. For lots with a
second frontage along a numbered street, the maximum height for the first
fifteen feet of building depth, measured back from the set-back line of the
numbered street, shall be sixty-five feet.
(b)
Market Street. For
lots fronting on and south of Market street between Front street and the
Schuylkill River the following regulations shall
apply:
(.1)
Minimum Height. The minimum height of any building
shall be thirty-five feet above the average sidewalk level at the street
line;
(.2)
Maximum Height. There shall not be a maximum height
limit;
(.3)
Frontage On Other Streets. For lots with a second
frontage along numbered streets and Juniper street, the maximum height for the
first fifteen feet of building depth, measured back from the set-back line of
Juniper street or the numbered street, shall be sixty-five
feet.
(c)
Chestnut Street. For lots fronting on and south of
Chestnut street between Front street and the Schuylkill River, except within one
hundred thirty feet of the east side of Broad street or within one hundred
thirty feet of the west side of Broad street, the following regulations shall
apply:
(.1)
Minimum Height. The minimum height of any building
or structure shall be thirty-five feet above the average sidewalk level at the
street line;
(.2)
Maximum Height. The maximum height of any
building or structure shall be as follows:
(.a)
North Side.
There shall not be a maximum height;
(.b)
South Side. Along
the south street line of Chestnut street the maximum height of any building,
building appurtenance (as permitted in §
14-313
[16] except flagpoles), or
structure shall be fifty feet above the average sidewalk level. This height
limit may be increased to a maximum height of three hundred twenty feet above
the average sidewalk level by increasing the height one foot for each foot the
building sets back (i.e., along a forty-five degree recession plane) from the
street line.
(d)
Sansom Street. For lots fronting on and south
of Sansom street between Front street and the Schuylkill River, except within
one hundred thirty feet of the east side of Broad street or within one hundred
thirty feet of the west side of Broad street, the following regulations shall
apply:
(.1)
Minimum Height. There shall not be a minimum height
limit;
(.2)
Maximum Height. The maximum height of any building
or structure shall be as follows:
(.a)
North Side. Three
hundred twenty feet above the average sidewalk level of Sansom street subject to
the height limits for buildings, building appurtenances (as permitted in §
14-313 except flagpoles) and structures built on the south side of Chestnut
street as set forth in § 14-214(7)(c) above;
(.b)
South
Side. Three hundred twenty feet above the average sidewalk level of Sansom
street.
(e)
Walnut Street. For lots fronting on and south of
Walnut street between Front street and the Schuylkill River, except within one
hundred feet of the east side of Broad street or within two hundred thirty feet
of the west side of Broad street, the following regulations shall
apply:
(.1)
Minimum Height. The minimum height of any building
or structure shall be thirty-five feet above the average sidewalk level at the
street line;
(.2)
Maximum Height. The maximum height of any
building or structure shall be as follows:
(.a)
North Side.
Three hundred twenty feet above the average sidewalk level of Walnut street
subject to the height limits for buildings, building appurtenances (as permitted
in § 14-313 except flagpoles) and structures built on the south side of
Chestnut street as set forth in § 14-214(7)(c)
above;
(.b)
South Side. Along the south street line of Walnut
street the maximum height of any building, building appurtenance (as permitted
in § 14-313
[17] except
flagpoles), or structure shall be fifty feet above the average sidewalk level.
This height limit may be increased to a maximum height of two hundred sixty feet
above the average sidewalk level by increasing the height one foot for each foot
the building sets back (i.e., along a forty-five degree recession plane) from
the street line.
(f)
Locust Street. For lots fronting on and
south of Locust street between Front street and the Schuylkill River, except
within one hundred feet of the east side of Broad street or within two hundred
thirty feet of the west side of Broad street, the following regulations shall
apply:
(.1)
Minimum Height. The minimum height of any building
or structure shall be thirty-five feet above the average sidewalk level at the
street line.
(.2)
Maximum Height. The maximum height of any
building or structure shall be as follows:
(.a)
North Side.
Two hundred sixty feet above the average sidewalk level of Locust street subject
to the height limits for buildings, building appurtenances (as permitted in
§ 14-313 except flagpoles) and structures built on the south side of Walnut
street as set forth in § 14-214(7)(e) above;
(.b)
South
Side. Along the south street line of Locust street the maximum height of any
building, building appurtenance (as permitted in §
14-313
[18] except flagpoles), or
structure shall be fifty feet above the average sidewalk level. This height
limit may be increased to a maximum height of two hundred sixty feet above the
average sidewalk level by increasing the height one foot for each foot the
building sets back (i.e., along a forty-five degree recession plane) from the
street line.
(g)
Spruce Street. For lots fronting on and south
of Spruce street between Front street and the Schuylkill River, except within
one hundred feet of the east side of Broad street or within two hundred thirty
feet of the west side of Broad street, the following regulations shall
apply:
(.1)
Minimum Height. The minimum height of any building
or structure shall be thirty-five feet above the average sidewalk level at the
street line;
(.2)
Maximum Height. The maximum height of any
building or structure shall be as follows:
(.a)
North Side.
Two hundred sixty feet above the average sidewalk level of Spruce street
subject to the height limits for buildings, building appurtenances (as permitted
in § 14-313 except flagpoles) and structures built on the south side of
Locust street as set forth in § 14-214(7)(f)
above;
(.b)
South Side. Along the south street line of Spruce
street there shall not be a maximum height limit.
(8)
Floor Area
Regulations. No building in this District shall have a gross floor area (as
defined in § 14-102(52)) greater than that permitted under the provisions
herein set forth.
(a)
Basic Floor Area. Every building in this
District shall be permitted a gross floor area of five hundred percent (500%) of
the area of the lot.
(9)
Additional Gross Floor Area Regulations.
In order to permit buildings of the appropriate scale and density while
recognizing that high density buildings place additional burdens on public
space, particularly the public sidewalk, minimum performance standards for such
buildings are needed. These standards are created as a method of ensuring that
the impact of high density buildings is appropriately mitigated. These
performance standards are needed because of increased pedestrian and vehicular
traffic generated by the occupants, customers, service providers and visitors to
these buildings as well as by the service, loading and parking needs of such
buildings. High density buildings can also impact upon the light and air
reaching public spaces and sidewalks. Performance standards are needed to ensure
that a significant amount of available, useable, accessible and inviting public
space is provided to ensure that such buildings properly relate to the sidewalk
and public transit concourse; and, to mitigate any negative impact upon the
public’s use and enjoyment of Center City, which might result from the
construction of large high density buildings. Therefore, additional gross floor
area equal to eight hundred percent (800%) of the area of the lot will be
granted, provided all of the following requirements are
met:
(a)
Minimum Street Frontage. Because of the level of
services such as deliveries, loading, trash removal and off-street parking
required to support the activities generated by a high density commercial or
mixed use building and because of the increased pedestrian and vehicular traffic
going to and from such a building, a single street frontage is insufficient to
provide minimal levels of services and pedestrian space without overly burdening
the street and therefore severely diminishing the public usage and safety at
street level. Therefore, in order to qualify for additional gross floor area, a
lot must have frontages on no less than two (2) streets confirmed on the City
Plan and physically existing at a width of no less than fifty
feet.
(b)
Public Space Objectives. In order to ensure that
sufficient, useable, accessible and inviting public space is provided on the
same lot as each high density residential or mixed use building, a critical mass
of public space should be provided as part of the development of the lot. By
requiring a property owner to provide public space within the lot, it is not the
intention of this section to abrogate or otherwise diminish the ownership rights
of the lot owner, or in any manner to imply that such public space has any legal
status other than privately owned property. This space should be designed so as
to respond to all of the following objectives and to conform to all of the
requirements imposed herein:
(.1) The space should be designed and
maintained so as to enhance the overall environment of the building of which it
is part:
(.2) The space should be easily accessible to pedestrians,
including the handicapped, and facilitate pedestrian circulation between
pedestrian destinations such as building entrances, active space, public
streets, adjacent or abutting public space including that of other buildings and
the public transportation system;
(.3) The space should provide for
the recreation, enjoyment, usage and relaxation of the public by providing
seating, public art and landscaping as required herein; and,
(.4) The
space should be open, inviting and available to the general public, without
barriers to public ingress and egress, within the limitations set forth
herein.
(c)
Minimum Size of Public Space. The total amount of
public spaces, which may include the various types of space permitted herein,
separately or in combination shall not be less than thirty percent (30%) of the
area of the lot.
(d)
Location of Public Space. In order to
assure accessibility and availability to the general public, public space shall
be located at the ground level provided, it may be located at the public transit
concourse level or at any level between ground level and the concourse level
when the lot abuts the concourse; further provided, in specific instances,
public space or portions of public space may be located above ground level as
follows:
(.1) When a lot is located within the one hundred (100) year
flood plain as defined in § 14-1606 of this Title, public space located one
foot above the regulatory flood level shall be considered to be at the average
ground level of the lot; and
(.2) When the lot is located over an
active railway right-of-way, public space may be located at any level between
the average ground level of the lot and four feet above the minimum clearance
that is required to be maintained above the rail top of the rail
elevation.
(e)
Types of Public Space. In order to encourage
diversity in design of public space, variety in the types of space available to
the public, and all weather usage by the public, various types of public space
should be permitted. Therefore, the following types of space shall fulfill the
public space requirements for lots qualifying for additional gross floor
area:
(.1)
The Plaza. The plaza is public space which is open
to the sky, directly accessible to the public street and/or the public
transportation concourse, and which meets the following
conditions:
(.a) The plaza shall be located at an elevation between
the public transportation concourse (when the lot abuts the concourse or a
transit station) and an elevation no more than three feet above the average
ground level of the lot;
(.b) The plaza shall provide direct,
unrestricted access to the general public at some point along all its bounding
edges;
(.c) When the plaza is on a lot which abuts the concourse or a
transit station, direct means of public ingress and egress between the plaza and
the concourse and/or transit stations shall be provided when such access is not
provided elsewhere in the required public space of the lot;
(.d) The
plaza shall contain public seating, trees, landscaping, lighting, and may
contain public art and/or retail space as set forth herein;
(.e) A
plaza shall consist of an area of contiguous space, the least dimension of which
shall not be less than thirty feet in length or depth and the total area of
which shall not be less than twenty-five percent (25%) of the public space
requirement of the lot; and,
(.f) The plaza shall be open to the
general public at all times.
(.2)
Enclosed Public Space.
Enclosed public space is space which may be totally or partially enclosed by
walls and which is covered by a roof so as to allow for year-round, climate
controlled, all weather use by the general public. It shall be open to the sky
above its roof (i.e., there shall be no occupied floor above the space) and
thirty-three percent (33%) of the surface of the perimeter walls, when used, and
the entire roof shall be constructed so that seventy-five percent (75%) of their
surface consists of glass or other transparent material. Enclosed public space
shall also meet all of the following conditions:
(.a) Enclosed public
space shall be located at an elevation between the public transportation
concourse (when the lot abuts the concourse or a transit station) and an
elevation no more than three feet above the average ground level of the
lot;
(.b) Enclosed public space shall provide direct, unrestricted
access to the public sidewalk as set forth in §
14-214(9)(f)(.1)(.b);
(.c) When enclosed public space is on a lot
which abuts the concourse or a transit station, direct means of public ingress
and egress between the enclosed public space and the concourse and/or transit
station shall be provided when such access is not provided elsewhere in the
required public space of the lot;
(.d) The enclosed public space
shall contain public seating, trees, landscaping, lighting, and may contain
public art and/or retail space as set forth herein;
(.e) An enclosed
public space shall consist of an area of contiguous space, the least dimension
of which shall not be less than thirty feet in length or depth and the total
area of which shall not be less than twenty-five percent (25%) of the public
space requirement of the lot; and,
(.f) The enclosed public shall be
open to the general public during the hours of the day that the building is open
to the public.
(.3)
The Public Room. The public room is space
which may be totally or partially enclosed by walls and which is covered by a
roof so as to allow for year-round, climate controlled, all weather use by the
general public. It shall be located entirely within a building (i.e., there may
be occupied floor area above the space), but must be open, inviting and
accessible to the general public. The public room shall also meet all of the
following conditions:
(.a) The public room shall be located at an
elevation between the public transportation concourse (when the lot abuts the
concourse or a transit station) and an elevation no more than one (1) story or
twenty feet, whichever is less, above the average ground level of the lot;
provided, that when the public room is located more than three feet above ground
level, escalators open to the general public must be provided between ground
level and the public room;
(.b) The public room shall consist of an
area of contiguous space, the minimum volume of which shall not be less than
sixty thousand cubic feet and the least dimension of which shall not be less
than thirty feet in length, depth or height;
(.c) The public room
shall provide direct unrestricted access to a public street and when the lot
abuts the concourse or a transit station, it shall provide direct public access
to the concourse and/or transit station when such access is not provided
elsewhere in the required public space of the lot. Such public access may be
provided directly to the street or through a plaza, enclosed public space or
connector space;
(.d) The public room shall contain public seating,
trees, landscaping, lighting, and may contain public art and/or retail space as
set forth herein;
(.e) The public room shall not account for more
than thirty-three percent (33%) of the public space requirement of the lot,
provided that the public room may account for up to sixty-six percent (66%) of
the required public space of the lot provided at least thirty-three percent
(33%) of its perimeter wall(s) abut a street or an outdoor public space, said
perimeter wall(s) is constructed of glass or other transparent material, and the
height of said wall is greater than or equal to thirty-three percent (33%) of
the length of the public room at its greatest length or width dimension. In no
case may this dimension of length or width be less than thirty
feet;
(.f) No less than fifty percent (50%) of the perimeter of the
public room shall abut retail space, public sidewalk, or other public space;
and,
(.g) The public room shall be open to the general public during
the hours of the day that the building is open to the
public.
(.4)
Connector Space. Connector space is space which is
open and available to the public, is integrated into the overall design of the
building, and which serves to connect the public space of a building with a
public street, a public transit concourse, a transit station, other public space
within the lot, the public space of another building, entrances to the building
or entrances to the retail space of a building. This space is intended to
provide open and inviting public access between a building, its public space
and/or retail space. Connector space shall meet all of the following
conditions:
(.a) Connector space may be located at any elevation
between the concourse level, when such space is directly accessible to the
public transit concourse level or a transit station, and the average ground
level of the lot; otherwise it must be located at no more than three feet above
the average ground level of the building;
(.b) The least dimension of
connector space shall be twenty feet in length and width and fifteen feet in
height;
(.c) Connector space may account for no more than twenty
percent (20%) of the total public space requirement;
and
(.d) Connector space shall be open to the public at all times,
provided that connector space which is located within the building shall be open
to the public during the hours of the day that the building is open to the
public. Connector space which is not within a building shall be open to the
public at all times.
(.5)
The Garden. The garden is public
space which is part of a residential or hotel development where over fifty
percent (50%) of the gross floor area of the building is used for residential
units or hotel rooms. Such space is designed to provide visual relief for the
public and is designed so as to provide a higher degree of landscaping,
fountains and/or public art than that found in plazas, enclosed public spaces or
public rooms. Gardens need not provide for direct public access or seating, and
may be open or partially or totally enclosed, subject to all of the following
conditions:
(.a) In order to provide unrestricted visual access to
the public and/or occupants of the building, the garden must abut the public
street or a public space for no less than twenty-five percent (25%) of its
perimeter. If enclosed by walls, seventy-five percent (75%) of the enclosing
walls and roof shall be constructed of glass or other transparent
materials;
(.b) The garden shall consist of an area of contiguous
space, the least dimension of which shall not be less than thirty feet in
length, and the least dimension in depth shall not be less than thirty-three
percent (33%) of the length of the garden;
(.c) The garden shall
contain trees, landscaping, lighting, and may contain public art and/or retail
space as set forth herein; and,
(.d) The total cost of the
construction and furnishings of the garden exclusive of the costs of the
unadorned floors, walls and ceiling (when used) shall not be less than
five-tenths percent (.5%) of the construction cost of the building; provided,
that this cost shall be in addition to the cost of public art as required in
§ 14-214(9)(g)(.1) through (.8).
(f)
Required Conditions for
Public Space. To enhance the utility, function, and availability of public
space; to expand the public’s experience, enjoyment and use of public
space; and to provide for the aesthetic, cultural and recreational impact of
public space, all public space which is provided in order to qualify for
additional gross floor area, as proscribed herein, shall comply with all of the
following conditions:
(.1)
Public Access. In order to
facilitate ease of access for all segments of the general public, including the
handicapped, public space should offer numerous opportunities for easy, direct
and unrestricted access, both physical and visual, in accordance with the
following requirements:
(.a) Where a plaza or connector space abuts
the public street, open access equal to at least twenty-five percent (25%) of
the plaza’s or connector space’s frontage along the street, but in
no case less than twenty feet, shall be provided. This access shall be at the
same grade as the public sidewalk (if steps or ramps for the handicapped are
required, they shall be provided within the plaza or connector space). Within
the first ten feet back from the street, the public access shall not contain any
physical barriers (such as, but not limited to, fences, seats, planter boxes,
planted areas, fountains, public art, bicycle racks, retail kiosks or vendor
stands) which may impede access to the plaza or connector
space;
(.b) Where enclosed public space abuts the public street, open
access equal to at least twenty-five percent (25%) of the enclosed public
space’s frontage along the street shall be provided. This access shall be
at the same grade as the public sidewalk (if steps or ramps for the handicapped
are required, they shall be provided within the plaza or connector space).
Within the first ten feet back from the street, the public access shall not
contain any physical barriers (such as, but not limited to, fences, seats,
planter boxes, planted areas, fountains, public art, bicycle racks, retail
kiosks or vendor stands) which may impede access to the plaza or connector
space;
(.c) Signage indicating to the general public that the public
space is open to the public and the hours of public access shall be provided
along each street frontage which contains access to public space or connector
space when required public space or a portion of a lot’s required public
space is not visible from the public sidewalk. Such signage shall be provided at
the building entrance, at the public sidewalk and/or within other visible public
space on the lot indicating the existence and location of the public space. This
signage shall be of sufficient size as to be easily recognized and understood by
the public and shall be in accordance with regulations adopted by the Department
of Licenses and Inspections; and,
(.d) Where gardens abut the public
street, only visual access for the general public shall be
required.
(.2)
Public Seating. In order to facilitate public
usage and to encourage the public to spend extended periods of time within
public areas, permanently available, serviceable and useable seating for use by
the general public shall be provided within all public space, except gardens, at
the following size and ratios:
(.a) For public space in excess of one
thousand square feet in area, seating must be provided at a ratio of one (1)
seat for every seventy-five square feet of public space;
(.b) Each
individual seat shall be no less than eighteen inches wide and sixteen inches
deep; provided, that flat tops of walls may be used to meet this requirement;
further provided, that seating thirty inches or more in depth shall count double
when access is provided to both sides;
(.c) Seating which is
thirty-six inches or more above the level of the adjacent walking surface or
which is less than twelve inches above the level of the adjacent walking surface
shall not be considered as conforming to the seating
requirements;
(.d) Seating restricted to the patrons of an open air
cafe shall not be considered as conforming to the seating
requirements;
(.e) Steps shall not be considered as conforming to the
seating requirements; and,
(.f) A minimum of five percent (5%) of the
required seating shall have backs.
(.3)
Trees and Landscaping.
Within public space, trees and landscaping shall be provided at the following
ratios:
(.a)
Plazas, Enclosed Public Space and Gardens. Trees
shall be provided at the following ratios: For public space of one thousand five
hundred square feet or more, four (4) four-inch caliper trees shall be provided.
For public space of five thousand square feet or more, six (6) four-inch caliper
trees shall be provided. For public space in excess of twelve thousand square
feet in area, at least one (1) four-inch caliper tree for each two thousand
square feet of public space shall be provided. Trees shall be planted in at
least two hundred cubic feet of soil with a depth of at least three feet six
inches and be planted either with gratings flush to the grade of the public
space or in a planting bed with a continuous area of at least seventy-five
square feet. Trees shall be provided at a maximum spacing of twenty-five feet.
When landscaping beds are provided, they shall have a soil depth of at least two
feet for grass or other ground cover, and three feet for
shrubs;
(.b)
Public Rooms. Landscaping beds consisting of
ground cover, shrubs and/or trees shall be provided at the following ratios: For
public rooms of one thousand five hundred square feet or more, three hundred
square feet of landscaping shall be provided. For public rooms of five thousand
square feet or more, four hundred fifty square feet of landscaping shall be
provided. For public rooms in excess of twelve thousand square feet in area, at
least seventy-five square feet of landscaping for each two thousand square feet
of public space shall be provided;
(.c)
Maintenance. All trees
and landscaping shall be maintained in a manner to ensure their survival. In the
event that any required trees and/or landscaping die, it shall be replaced at
the required ratios;
(.4)
Lighting. Plazas, exterior connector
space and gardens shall be illuminated throughout with an overall minimum
average level of illumination of not less than two (2) horizontal foot candles.
Such level of illumination shall be maintained throughout the hours of darkness.
The illumination shall be focused upon the public space so as to prevent glare
upon the surrounding areas.
(g)
Public Art. A public art
requirement is being imposed as a mechanism to expand and enrich the
public’s experience and enjoyment of buildings and public space and to
create buildings and public space that is designed and executed with diverse and
high quality materials, activities, and furnishings. It is intended to allow for
the broadest definition of public art and encourage imaginative interpretation
of media. Public art may manifest itself in two (2) basic components: on-site
art in public spaces and on-site cultural programming. Therefore, public art at
an individual or combined minimum cost as set forth below must be provided on
any lot seeking additional gross floor area. In order to comply with this
subsection, all of the following conditions must be
met:
(.1)
On-site Public Art. On-site public art is art that is
permanent (i.e., lasting the life of the building), original and created
specifically for the site. It may include, but shall not be limited to the
following separately or in combination:
(.a) Sculpture which is
free-standing, wall supported or suspended, kinetic, electronic, etc., in any
material;
(.b) Murals or paintings in any material or variety of
materials, with or without collage or additional non-traditional materials,
markings and means;
(.c) Earthworks, waterworks, fiberworks,
functional elements, furnishings, neon, glass mosaics, photography, prints,
calligraphy, etc., in any combination of forms of media including sound, film,
holographic and video systems; hybrids of any media and new genres;
and,
(.d) Lighting in any combinations of
forms.
(.2)
On-site Cultural Programming. On-site cultural
programming consists of cultural programs which are permanently established by
the endowment of a trust or other legally binding mechanism of permanent funding
(i.e., lasting the life of the building). Eligible components for on-site
cultural programs shall include:
(.a) Performing Arts: theater, dance
and music;
(.b) Literary Arts: poetry readings and story
telling;
(.c) Media Arts: film and video screening and
installations;
(.d) Education: lectures and presentations about the
arts; and,
(.e) Special Events: festivals and
celebrations.
(.3)
Commercial Activity. Items, functions and
events which are basically commercial in nature, such as theatrical production,
movies, commercial art galleries, exhibits of items for sale, etc., shall not
satisfy requirements of this section.
(.4)
Location. Public art
shall be located within the required public space, upon the building, or within
public spaces created to meet the requirements of exceptional public benefit set
forth herein. Public art may be provided within the public sidewalk, if
authorization, by ordinance, is obtained.
(.5)
Approval
Criteria. In order to meet the requirements of this section, the owner of
the lot or a designee must have the proposed artist(s), and all public art
and/or proposal for cultural programming approved in one (1) of the following
manners:
(.a) By an Art Selection Committee, chosen by the owner of
the lot or their designee and meeting the qualifications set forth herein. Upon
the submission of an Art Selection Committee for review by the Department of
Licenses and Inspections, the applicant shall also submit the list for proposed
committee members to the Art Commission. The Art Commission shall then have
thirty (30) days to review the qualifications of proposed committee members and
to advise, in writing, the Department of Licenses and Inspections as to its
recommendations regarding the qualifications and composition of the committee;
or,
(.b) By the Art Commission of the City of Philadelphia. The owner
of the lot or their designee may submit a plan for meeting the public art
requirement to the Art Commission for their review, comment and
approval;
(.c) The Art Selection Committee or the Art Commission
(depending on the manner of review and approval chosen by the owner of the lot
or their designee), shall have the final approval of the artist and all public
art submitted to meet the requirements of this section;
(.d) The Art
Selection Committee or the Art Commission (depending on the manner of review and
approval chosen by the owner of the lot or a designee) may, upon request, assist
in the selection of an artist or artists for the project and/or the selection of
an arts coordinator for the project; and,
(.e) It is not the
intention of these requirements to allow decorative, ornamental or functional
elements of the building or public space which are not designed by an artist and
created specifically for the site, nor to have landscaping or other furnishings
or elements required elsewhere herein, to qualify as part of the public art
requirement. However, final determination as to what items, works, materials,
media, infrastructure, support services, etc., qualify as public art or as part
of the cost of public art, shall rest with the Art Selection Committee or the
Art Commission (depending on the manner of review and approval chosen by the
owner of the lot or their designee).
(.6)
Art Selection Committee
Membership. If the owner of the lot or a designee chooses to use an Art
Selection Committee, it shall consist of five (5) members all of whom shall
conform to one (1) or more of the following qualifiers, provided that, at least
two (2) members of the committee shall conform to the requirements of (.a) and,
further provided, that of the other three (3) members, no more than one (1) is
selected from each of the qualifiers listed in (.b) through
(.e):
(.a) Practicing artists from the visual or performing
disciplines;
(.b) An art educator from an accredited college or
university;
(.c) A public arts administrator;
(.d) A
curator of an institution of art; or,
(.e) A registered architect or
registered landscape architect.
(.7)
Cost. Public Art as
required in this section shall be provided at an individual or combined minimum
cost in accordance with the following:
(.a) For development on a lot,
with construction costs of twenty million ($20,000,000) dollars or less, an
amount equal to one percent (1%) of the construction costs;
(.b) For
development on a lot, with construction costs of up to forty million
($40,000,000) dollars, one percent (1%) of the first twenty million
($20,000,000) dollars of construction costs and one-half percent (.5%) of the
construction costs in excess of twenty million ($20,000,000) dollars but less
than forty million ($40,000,000) dollars; and,
(.c) For construction
costs over forty million ($40,000,000) dollars, one percent (1%) for the first
twenty million ($20,000,000) dollars of construction costs, one half percent
(0.5%) of the amount of construction costs in excess of twenty million
($20,000,000) dollars but less than forty million ($40,000,000) dollars and
one-quarter percent (0.25%) of any construction costs in excess of forty million
($40,000,000) dollars.
(.8)
Establishment of Endowments. The
method of establishment of an endowment of a trust or other legally binding
mechanism to permanently fund cultural programming to meet the requirements of
this section, shall be approved by the City.
(.9)
Administrative
Regulations. Within one (1) year of the enactment of this section, the
Department of Licenses and Inspections in conjunction with the Law Department,
the Planning Commission, the Office of the Director of Commerce and City
Representative (Office of Arts and Culture), and the Art Commission shall adopt
regulations necessary to implement this subsection.
(h)
Required
Retail Space. In order to provide for a portion of the retail and service
needs of the occupants, visitors and users of large residential and mixed-use
buildings and thereby relieve the pressure to provide for these needs off-site
in retail commercial areas in Center City, new residential and mixed-use
buildings should include retail and service commercial. These requirements
should be established so as to provide for some but not all of the shopping and
services needs that can reasonably be expected to be generated by the various
people associated with a high density residential or mixed-use building. This
needs to be done because it is both necessary and desirable to maintain the
diversity of retail sales and services available in Center City and without such
requirements, the trend will continue of converting existing retail and service
space from broader based consumer goods to sales and services to meet the needs
of visitors and occupants of nearby commercial or mixed-use buildings. This
trend manifests itself in the increased number of fast-food and take-out
restaurants, quick photo and printing services, ground level offices for
delivery services, air line ticketing, and automobile rentals, etc., located
along traditional retail shopping streets in Center City. Therefore, retail
commercial space shall be provided in all newly erected buildings in accordance
with the following requirements, provided, that for the purposes of meeting
these requirements, retail shall be limited to the sale of goods directly to the
consumer, restaurants, banks and day care facilities licensed by the
Commonwealth, subject to all limitations imposed:
(.1) Every building
containing over three hundred thousand square feet of gross floor area built
after the effective date of this section shall provide a retail sales area equal
to no less than one percent (1%) of the gross floor area of the
building;
(.2) Required retail space shall not be considered as floor
area and shall be excluded from being calculated as part of the gross floor area
of a building; and,
(.3) At least seventy-five percent (75%) of the
required retail space shall be located at either the concourse level, ground
level or at the second level of the building; provided, that outdoor cafes,
retail kiosks and vendor stands within the public space of a building shall not
qualify as required retail space.
(10)
Incentive Floor Area. It
is recognized that certain areas of City Center are more appropriate as the
location for high density development. These are areas that are well served by
commuter rail, mass transit and wide streets connecting to limited access
highways. It is also recognized that very high density buildings place heavy
burdens on surrounding public streets and public spaces because of increased
pedestrian and vehicular traffic generated by the occupants, customers, service
providers and visitors to these buildings as well as by the service, loading and
parking needs of such buildings. Such high density buildings can also negatively
impact upon the light and air reaching public spaces and sidewalks and the
public usage of these spaces. Furthermore, the construction of high density
buildings in certain areas may place historically certified properties located
on similarly zoned lots in jeopardy of being demolished to make way for higher
density development. In order to further provide for expanded public benefits
and as a method of ensuring that the impact of such high density buildings is
appropriately mitigated beyond the performance standards imposed herein,
additional performance standards are needed to ensure that a significant amount
of available, useable, accessible and inviting public space that is of
exceptional public benefit is provided. Also, as a method of assuring the
maintenance of historically certified properties and to establish an alternative
method of developing the unused development rights of the lot without
demolishing the historic structure, incentive floor area should be granted for
the transfer of these development rights to areas appropriate for high density
development. These requirements for space of exceptional public benefit or for
transfer of development rights from historically certified properties are
intended to ensure that very high density buildings properly mitigate any
negative impact upon and add to the public’s use and enjoyment of Center
City. Therefore, incentive floor area shall be granted for lots on which public
space and/or amenities which are of exceptional public benefit, as set forth
herein, are provided and which are in accordance with the
following:
(a)
Conditions. In order to obtain incentive floor
area all of the following conditions must be met:
(.1) Before
incentive floor area is permitted on a lot, the requirements of §
14-214(9)(a) through (h) regarding additional gross floor area must be complied
with;
(.2) The lot must have frontage along one of the following
streets:
(.a) Market street between Sixth street and the Schuylkill
River;
(.b) John F. Kennedy boulevard between Broad street and the
Schuylkill River; or,
(.c) Broad street between John F. Kennedy
boulevard and Vine street; and,
(.d) South Penn square between
Fifteenth street and Juniper street.
(.3) Incentive gross floor area
may be aggregated by meeting more than one of the following requirements,
provided, that the amount of incentive gross floor area permitted on any lot
shall not exceed a ratio greater than four hundred percent (400%) of the lot
area.
(b)
Exceptional Public Benefit. The following listed
spaces when provided on a lot as part of the development of the lot, shall be
considered to be of exceptional public benefit when the space complies with all
of the requirements imposed upon it, as set forth herein, provided that
incentive gross floor area shall be permitted on the lot only at the ratios
listed below:
(.1)
Observation Rooms or Decks. Lots on which
observation rooms and observation decks are maintained so as to be open and
available to the public during the hours the building is open to the public, and
which are located at or above the highest occupied floor of a building or at or
above the thirtieth floor of a building thirty (30) floors or greater in height,
shall receive incentive gross floor area equal to five square feet of floor area
for each square foot of observation space greater than two thousand five hundred
square feet, but no more than ten thousand square
feet.
(.2)
Through Block Pedestrian Walkways. Through block
pedestrian walkways or corridors which connect two (2) parallel major public
streets (streets confirmed on the City Plan at 50 feet or more in width), which
are at least twenty feet in width and twenty feet in height (if enclosed), which
provide access through the building’s public space and which are open to
the public at all times (except in the case of enclosed public space which is
required to be open to the public during the hours that the building is open to
the public) shall be permitted incentive gross floor area in accordance with the
following requirements:
(.a) The walkway shall provide access to
pedestrian destinations such as building lobbies, plazas, public rooms, transit
stations, the public service concourse and/or retail areas;
(.b) The
walkway shall not abut any public street for more than twenty percent (20%) of
the distance between the two (2) streets it connects;
(.c) In order
to qualify for incentive gross floor area the area of the walkway shall be in
addition to the amount of public space required in § 14-214(9)(b) through
(g) above;
(.d) Incentive gross floor area shall be permitted at a
ratio of five square feet of gross floor area for each square foot of through
block pedestrian walkway; and,
(.e) The amount of incentive gross
floor area for any such through block pedestrian walkway or corridor shall not
exceed 50,000 square feet.
(.3)
Improvements To or Construction of
Publicly Owned Facilities. Improvements to or construction of any of the
following publicly owned facilities shall be permitted incentive gross floor
area:
(.a) Public park, playground, fountain or public art, under the
jurisdiction of the Department of Recreation or the Fairmount Park Commission;
and,
(.b) Public transit concourse, public transit station, or public
transit head house; provided that such improvements shall be in accord with the
following requirements:
(i) The cost of construction or improvements
shall be equal to or greater than one percent (1%) of the total construction
cost of the total development of the lot for which incentive gross floor area is
permitted;
(ii) The publicly owned facility shall be located within
500 feet of the lot for which incentive gross floor area is
permitted;
(iii) Transit station and/or transit concourse
construction or improvements may consist of public space, connector space,
transit platform, retail areas and/or light wells to permit natural light into
the transit station or concourse level, either separately or in combination,
provided that head house improvements shall be for head houses located in the
public sidewalk;
(iv) In order to qualify for incentive gross floor
area the area of the construction and/or improvements shall be in addition to
the amount of public space required in § 14-214(9)(b) through (g)
above;
(v) The amount of incentive gross floor area permitted on the
lot shall not exceed a ratio greater than two hundred percent (200%) of the lot
area.
(.4)
Public Museum, Meeting and/or Library Space. Museum,
meeting and/or library space which is not operated for profit, and/or
performance space shall be permitted incentive gross floor area in accordance
with the following requirements:
(.a) The space shall be open and
available to the public;
(.b) Art galleries, museums, and exhibit
space for the retail sale of works of art or items displayed shall not qualify
for incentive gross floor area;
(.c) Performance space and public
meeting space shall have a permanent seating area that is no less than
sixty-five percent (65%) of the total gross floor area devoted to this
use;
(.d) Such space shall be located between the concourse level
when the lot abuts the public service concourse and the first 50 feet of the
building above the average ground level;
(.e) Such space shall not be
less than 1,500 square feet in gross floor area; and
(.f) Such space
shall be permitted incentive gross floor area equal to 20 square feet of gross
floor area for each square foot of such space.
(.5)
Underground
Parking. Underground parking spaces at the ratios required in § 14-1402
for residential uses and/or underground parking spaces at the ratio required in
§ 14-214(13) below for commercial uses shall be permitted incentive gross
floor area in accordance with the following
requirements:
(.a) Surface or above ground parking shall not be
provided anywhere on the lot which is receiving incentive gross floor area;
and,
(.b) Such underground parking shall receive incentive gross
floor area equal to 200 square feet of gross floor area for each space
conforming to the requirements of § 14-1402 and §
14-214(13).
(.6)
Underground Loading and Trash Storage.
Underground loading and trash storage at the ratio required in § 14-214(14)
below, shall be permitted incentive gross floor area in accordance with the
following requirements:
(.a) The loading and trash storage area must
be located totally below ground level; and,
(.b) Such space shall be
permitted incentive gross floor area for each square foot of such space,
provided, that the amount of incentive gross floor area permitted on the lot
shall not exceed a ratio greater than one hundred percent (100%) of the lot
area.
(.7)
Public Restrooms. Within public space (except
gardens), or within the building at the ground level or at the concourse level
(when the required public space or a portion of the required public space is
located at the concourse level), public restrooms shall be permitted incentive
gross floor area in accordance with the following
requirements:
(.a) One (1) public restroom for each sex shall be
provided. The restroom for males shall contain two (2) water closets, one (1)
urinal and one (1) lavatory. The restroom for females shall contain three (3)
water closets and one (1) lavatory. These restrooms shall be open to the public
during the hours that the building is open to the public;
(.b) The
restrooms shall be located immediately adjacent to or within the required public
space of the building or abutting a public sidewalk;
(.c) Signage
shall be provided within the public space indicating the existence and the
location of the restrooms;
(.d) Restrooms provided pursuant to the
provisions of this subsection must be separate from and in addition to any other
restrooms required by any other section of The Philadelphia Code or any other
applicable codes, ordinances, federal laws or acts of
assembly;
(.e) Restrooms provided pursuant to the provisions of this
subsection shall generate an additional floor area ration of five-tenths (0.5)
times the area of the lot.
(c)
Transfer of Development Rights For
Historic Preservation. In order to facilitate the preservation of existing
historically certified buildings and to retain the exceptional public amenity of
these buildings, incentive gross floor area shall be permitted in accordance
with the following requirements:
(.1) Incentive gross floor area shall
be permitted at a ratio of one square foot of additional floor area for each
square foot of floor area transferred from a locally historically certified
building;
(.2) In order to qualify for the transfer of incentive gross
floor area, the historically certified building must be located within the area
bounded by Spring Garden street, the Schuylkill River, South street and the
Delaware River, must be zoned "RC-4" Residential, "C-4" or "C-5" Commercial and
must have unused floor area potential to transfer based on its existing zoning
classification and the amount of gross floor area in the historically certified
building;
(.3) The historic building shall have been certified as
historic by the Historical Commission pursuant to § 14-2007 and shall have
been designated by the Historical Commission as a threatened historic
resource;
(.4) The maximum amount of gross floor area which may be
transferred shall be determined by calculating the permitted gross floor area of
the historic lot, minus the existing gross floor area of the historic
building;
(.5) The development site which receives incentive gross
floor area must be zoned "RC-4" Residential;
(.6) The incentive gross
floor area permitted for historic preservation shall not exceed a ratio greater
than four hundred percent (400%) of the lot area of the lot which receives
incentive gross floor area, and;
(.7) The development site which
receives incentive gross floor area must have frontage along Market street
between Sixth street and the Schuylkill River, on John F. Kennedy boulevard
between Broad street and the Schuylkill River, or on Broad street between John
F. Kennedy boulevard and Vine street;
(.8) Within one (1) year of the
enactment of this ordinance, the Department of Licenses and Inspections, in
conjunction with the Law Department, the Planning Commission and the Historical
Commission shall adopt all administrative procedures necessary to implement this
subsection of the Code.
(d)
Contributions to the Housing Trust
Fund. In order to facilitate the development of low to moderate income
housing, incentive gross floor area shall be permitted in accordance with the
following requirements:
(.1) The requirements of § 14-214(9)(a)
through (h) must be complied with;
(.2) Incentive gross floor area
shall be permitted at a ratio of one square foot of additional floor area for
each twenty-five ($25.00) dollars contributed to the housing trust
fund;
(.3) The amount of the contribution which qualifies for one
square foot of additional floor area shall be adjusted every three (3) years
consistent with the Consumer Price Index for Philadelphia;
(.4) The
development site which receives incentive gross floor area must be zoned either
"C-4" or "C-5" Commercial and must have frontage along Market street between
Sixth street and the Schuylkill River, on John F. Kennedy boulevard between
Broad street and the Schuylkill River, or on Broad street between John F.
Kennedy boulevard and Vine street;
(.5) The incentive gross floor area
permitted for contributions to the housing trust fund shall not exceed a ratio
greater than four hundred percent (400%) of the lot area of the lot which
receives incentive gross floor area, and;
(.6) The City Council, under
separate legislation, will create the housing trust fund in order to facilitate
the distribution of the contributions.
(11)
Transfer of Development
Rights For Historic Preservation South of Chestnut Street. In order to
facilitate the preservation of existing historically certified buildings, to
retain the exceptional public amenity of these buildings and to retain the scale
of development in the area of Center City south of Chestnut street, incentive
gross floor area shall be permitted in accordance with the following
requirements:
(a) Incentive gross floor area shall be permitted at a
ratio of one square foot of additional floor area for each square foot of floor
area transferred from a locally historically certified building;
(b) In
order to qualify for the transfer of incentive gross floor area, the historic
building must be located within the area bounded by the rear property lines of
lots fronting on the north side of Chestnut street, Front street, the rear
property lines of lots fronting on Spruce street, and the Schuylkill River, must
be zoned "RC-4" Residential, "C-4" or "C-5" Commercial and must have unused
floor area potential to transfer based on its existing zoning classification and
the amount of gross floor area in the historically certified
building;
(c) The historic building shall have been certified as
historic by the Historical Commission pursuant to § 14-2007 and shall have
been designated by the Historical Commission as a threatened historic
resource;
(d) The maximum amount of gross floor area which may be
transferred shall be determined by calculating the permitted gross floor of the
historic lot, minus the existing gross floor area of the historic
building;
(e) The development site which receives incentive gross floor
area must be zoned either "RC-4" Residential and must be located within the area
bounded by Chestnut street, Front street, the rear property lines of lots
fronting on Spruce street, and the Schuylkill River;
(f) The incentive
gross floor area permitted for historic preservation shall not exceed the
permitted floor area ratio by more than twenty percent (20%) above that which is
otherwise permitted by other applicable paragraphs of this section, provided,
that the building to be erected upon the lot receiving incentive gross floor
area shall not exceed either the building width or building height requirements
established in § 14-214(5)(a) through (d) and § 14-214(7)(a) through
(g) above;
(g) Within one (1) year of the enactment of this section the
Department of Licenses and Inspections, in conjunction with the Law Department,
the Planning Commission and the Historical Commission shall adopt all
administrative regulations necessary to implement this
subsection.
(12)
Retail Space. In order to encourage retail
commercial space to service the needs of the occupants of and visitors to large
commercial buildings, to enliven the sidewalks and public spaces around
buildings and to relieve the pressure for service retail placed upon Center City
retail commercial areas, the following requirements for retail commercial space
are hereby imposed:
(a) For the purposes of complying with these
requirements, retail space shall be limited to the sale of goods directly to the
consumer, restaurants and banks;
(b) Retail space shall not be
considered as floor area and accordingly shall not be included in the permitted
gross floor area calculations of the lot, provided such retail space shall not
exceed twenty-five percent (25%) of the total gross floor area of the
building;
(c) Day care facilities licensed by the Commonwealth shall
also be considered as retail space and shall not be included in the permitted
gross floor area calculations of the lot;
(d) Floor area used for
business and professional offices, personal services or treatment of patients
shall not be considered as retail space and accordingly shall be included in the
permitted gross floor area calculations of the lot;
(e) Public space
may contain cafes which do not exceed thirty percent (30%) of the total public
space and/or retail kiosks or sales carts no larger than sixty square feet in
area and at a ratio of one (1) kiosk or stand for every two thousand square feet
of contiguous public space. The total area in square feet utilized for cafes,
kiosks and/or sales carts may not exceed thirty-three percent (33%) of the total
required public space.
(13)
Off-Street Parking Requirements.
Off-street parking shall be provided as required in the "RC-1" Residential
District and under the following conditions subject to all use conditions
imposed herein and imposed by Chapter 14-1400:
(a)
Parking Garages.
For all accessory parking garages, the following requirements shall
apply:
(.1) The gross floor area of all levels of a parking garage
located at or above the average ground level shall be included in the permitted
gross floor area calculations of the lot, provided that when the lot is located
within a one hundred (100) year flood plain as defined in § 14-1606, any
point located one foot above the regulatory flood level shall be considered to
be at the average ground level of the lot; further provided, when a lot is
located over an active railway right-of-way, any point located four feet above
the minimum clearance that is required to be maintained above the railway
right-of-way and within a distance of one hundred ten feet from the outward
edges of the right-of-way, shall be considered to be at the average ground level
of the lot;
(.2) The gross floor area of all levels of a parking
garage located at or above the average ground level shall not be included as
part of the permitted gross floor area calculations on lots fronting on any of
the following streets:
(.a) Vine street or Callowhill street between
Eighteenth street and Front street;
(.b) Delaware avenue or
Interstate 95 between Spring Garden street and Chestnut street;
and
(.c) Interstate 76 between Spring Garden street and Chestnut
street.
(.3) No permits for parking garages shall be issued by the
Department of Licenses and Inspections until such time as the Department has
been notified by the City Planning Commission of its comments and
recommendations. Furthermore, no permits for parking garages shall be issued
until such time that the internal circulation patterns and points of ingress and
egress have been reviewed by the Streets Department in accordance with the
following requirements:
(.a) Prior to any issuance of any permits,
zoning refusals and/or references to the Zoning Board of Adjustment, the
Department of Licenses and Inspections shall refer the plans for the proposed
garage to the Planning Commission for review and comment;
(.b) The
applicant shall provide the Planning Commission with a copy of the application
for a Zoning and/or Use Registration Permit and all information that the
Planning Commission may deem necessary to carry out the review of the proposed
garage, including but not limited to, architectural renderings and/or elevations
of the proposed facade, internal circulation plans for each floor, location and
direction of all curb cuts and traffic impact studies;
(.c) Upon the
receipt of an application and all necessary information relative to the
construction of a garage, the Planning Commission shall forward copies of all
material related to traffic circulation, curb-cuts and traffic studies to the
Department of Streets for its review and recommendation;
(.d) The
Streets Department shall have thirty days to review the information provided by
the Planning Commission and to respond, in writing, to the Department of
Licenses and Inspections, to the Planning Commission and when appropriate, to
the Zoning Board of Adjustment. After such time, the approval of the Department
of Streets shall be presumed; and
(.e) Upon the receipt of an
application and all necessary information relative to the construction of a
garage, the Planning Commission shall have forty-five (45) days to notify the
applicant and the Department of Licenses and Inspections and when appropriate,
the Zoning Board of Adjustment, in writing, of its recommendations and comments.
If after forty-five (45) days the Planning Commission has not transmitted notice
of its action, Planning Commission approval shall be
presumed.
(.4) All parking garages located north of Market street with
frontage on a southbound street shall provide ingress to the garage from that
street.
(.5) At every point where a driveway, whether for ingress or
egress, crosses a public sidewalk, the area of the sidewalk between the building
line and the curb line, equal in width to the driveway(s) shall be of a
different, color, texture or paving material, in accordance with the standards
of the Department of Streets, so as to indicate and warn pedestrians of the
existence of the driveway.
(b) Additional Requirements for Above Ground
Parking Garages. In addition to all of the requirements for parking garages
contained herein, all above ground parking garages, or above ground portions of
underground parking garages, whether accessory or non-accessory, which are
located between the Schuylkill River and Front street shall also comply with the
following requirements:
(.1) No permits for above ground parking
garages shall be issued by the Department of Licenses and Inspections until such
time as the Department has been notified by the City Planning Commission of its
approval of the facade of the proposed garage, provided, that in reviewing
facades of above ground parking garages, it is not the intention of this
provision to increase the construction cost of the garage. Further
provided:
(.a) Upon the receipt of an application and all necessary
information relative to the construction of a garage, the Planning Commission
shall have forty-five (45) days to notify the applicant and the Department of
Licenses and Inspections, in writing, of its approval, disapproval or tabling
for additional information of the facade of the proposed garage. If after
forty-five (45) days the Planning Commission has not transmitted notice of its
action, Planning Commission approval shall be presumed. Provided, that after an
action to table consideration of a facade, the Planning Commission shall act to
approve or disapprove the facade within thirty (30) days of the receipt of all
requested information.
(.2) Retail commercial uses shall be provided
at the ground level of the garage where it abuts the sidewalk or a public space
for all frontage not used for entrances, exits and waiting areas. The gross
floor area of all such retail space shall not be included as part of the
permitted gross floor area of the lot.
(c)
Surface Parking Lots.
All surface parking lots which are accessory to a permitted use shall be
permitted under the following conditions:
(.1) Where a surface parking
lot abuts the sidewalk, it must be screened for its entire frontage except for
points of ingress and egress with a minimum three-and-a-half feet high brick
wall, a minimum six feet wide and three-and-a-half feet high evergreen hedge
which at time of installation is planted so that the evergreens provide a
continuous screen from the sidewalk, or other screening approved by the Planning
Commission;
(.2) Along any street frontage, a surface parking lot
shall have no more than one curb cut for both ingress and egress, the maximum
width of which shall not exceed thirty feet, or two (2) one-way curb cuts the
maximum width of which shall not exceed sixteen feet in width, provide that the
curb cuts shall not occupy more than fifty percent (50%) of the street
frontage;
(.3) All parking lots shall be landscaped so that a minimum
of five percent (5%) of the total area of the lot shall contain landscaping
exclusive of any landscaped screening; trees shall be provided at a ratio of one
(1) three inch or greater caliper tree for every thirty (30) parking spaces;
and,
(.4) All parking lots shall contain lighting designed so as to
prevent glare on abutting properties but to provide a minimum level of light on
the lot and the abutting sidewalk equal to two (2) horizontal foot candles;
and
(.5) At every point where a driveway, whether for ingress or
egress, crosses a public sidewalk, the area of the sidewalk between the building
line and the curb line, equal in width to the driveway(s) shall be of a
different, color, texture or paving material, in accordance with the standards
of the Department of Streets, so as to indicate and warn pedestrians of the
existence of the driveway.
(d)
Reservoir Space. All garages and
parking lots shall provide off-street reservoir space between the street line
and valet pick-up point or the ticket issuing mechanisms or booths in accordance
with the following requirements, provided, that these provisions shall be
cumulative for lots with two (2) or more points of ingress, further provided,
that there shall be at least one (1) reservoir space at each point of
ingress: