§14-306.2. "C-7" Commercial District. [158]

(1) Use Regulations -- General. The uses permitted in this district shall be:

(a) In one or more completely enclosed buildings[112] unless otherwise specified;

(b) As respects the sale of goods or merchandise, shall be at retail;

(c) As respects the rendering of services, shall be with the ultimate consumer.

(2) Uses Regulations -- Without Certificate. Subject to the provisions of (1) above, where applicable, the specific uses permitted in this district shall be the erection, construction, alteration or use of buildings and/or land for:

(a) The following sales, separately or in any combination: Antiques, art goods and artists’ supplies; automobile parts, excluding installation; bakery goods; bicycles; motorcycles; boats and farm equipment; books; photographic equipment; china; glass and metalware; confectionery goods; cosmetics; department store merchandise; draperies; drugs; dry goods; electric appliances and fixtures; floor coverings; florist merchandise; fruits and vegetables; furniture; garden supplies; gifts; groceries; hardware; hobby and handicraft merchandise; household appliances; jewelry; luggage; meat; music material and merchandise; musical instruments; newspapers and magazines; office equipment and supplies; optical and orthopedic goods; packaged paints; radio and television sets and parts; seafood except as provided in subparagraph (3)(t) below; sporting goods; stationery; variety store merchandise ("5-and-10-cent store"); wallpaper; watches and clocks; wearing apparel;[160]

(b) Art galleries, museums and libraries;

(c) Barber, beauty shop, bicycle rental, costume and clothing rental, hat cleaning, photography, tailor shop, and taxidermist;[113]

(d) Blueprinting, duplicating, and kindred reproduction services, not to exceed 2,000 square feet in gross floor area;

(e) Business or professional office or agency, financial institution, radio or television studio (for transmission towers see (3)(d) below);

(f) Central heating plant;

(g) Dental or prosthetic laboratories or optical lens grinding, not to exceed 2,000 square feet in gross floor area;

(h) Fire stations and police stations;

(i) Florist, including accessory greenhouse;

(j) Funeral parlors, including the sale of mortician’s goods;

(k) Hand laundry, laundry pick-up agency and/or dry cleaning pick-up agency and each use, singly or in any combination, not to exceed 2,000 square feet in gross floor area;

(l) Instruction in music, arts and sciences;

(m) Laboratories (analytical, chemical, and research) and assay offices, not to exceed 2,000 square feet in gross floor area;

(n) Medical and surgical hospitals and medical centers, and sanitaria; personal service or treatment of patients; rest, old age, nursing, or convalescent homes, and child care centers;

(o) Post offices;

(p) Printing, publishing, and related trades and arts, not to exceed 2,000 square feet in gross floor area;
(q) Private open-air parking lot incidental and (except as provided in (7)(b) below) contiguous to any uses permitted in this district (subject to the provisions of § 14-1400);

(r) Repair of household appliances and fixtures, jewelry, musical instruments, photographic equipment, radio and television equipment and shoes, not to exceed 2,000 square feet in gross floor area;

(s) Restaurant, cafe, soda, or ice-cream fountain, or catering, including outdoor dining areas;

(t) Retail dry cleaning establishment using nonflammable solvents as approved by the Department of Licenses and Inspections, provided such use does not exceed 2,500 square feet in gross floor area;

(u) Self service dry cleaning establishment; provided,

(.1) The Fire Marshal shall have certified that the premises, machines, equipment and materials are in compliance with the Fire Code as set forth in Chapter 5-800.[114]

(.2) An attendant over 21 years of age and trained in the use of the equipment on the premises employed by the licensee shall be present at all times when the premises where the self service dry cleaning establishment is located is open for business.

(.3) No operator of any coin operated dry cleaning equipment shall use or permit to be used any solvent other than that which has been approved, by the manufacturer of the equipment, for use therein.
(.4) An interlock system shall be provided on the machine to prevent the loading door from being opened during the normal cycle. Said system may be electrical or mechanical and so connected as to remain effective in case of power failure.

(.5) The licensee shall permit only the front side of the dry cleaning machines to be accessible to the customers. The working or maintenance portion of the machines shall be so constructed, located and maintained so as to be not accessible to the customer. At no time when customers are present shall the concentration of vapors in the customer area from the dry cleaning solvent exceed one hundred parts per million.

(.6) There shall be prominently posted on the premises the name, address and telephone number of the owner or operator of said business and there shall be a public telephone on the premises in a conspicuous location.

(.7) Such use does not exceed 2,500 square feet in gross floor area.

(.8) Such use shall be permitted only from 6 A.M. to 1 A.M.

(.9) Lights located on the outside of the premises shall not be permitted to remain lighted after 12 o’clock midnight.

(v) Self service laundry using residential type washing machines; provided, said use complies with the following terms and conditions: (1) Such use does not exceed 2,500 square feet in gross floor area; (2) Such use shall be permitted only from 6 A.M. to 1 A.M., and (3) Lights located on the outside of the premises shall not be permitted to remain lighted after closing time.

(w) Treatment and sale of pet birds and pet animals and animal hospitals, not to include dog kennels or public stables;[115]

(x) Water booster or sewer booster substations, water storage tanks or reservoirs, telephone exchange buildings, railroad passenger stations, waiting rooms or shelters for the use of bus or trolley passengers, electric transforming or gas regulating substations; provided, that any facilities used in connection with an electric transforming or gas regulating substation located in the open-air shall:

(.1) Not be within 50 feet of any Residential District.

(.2) Have a green belt planted and maintained in an area of at least 10 feet in depth around the entire inside perimeter of the lot, except at points of ingress or egress, to contain evergreens, shrubbery, and/or trees at least 4 feet in height.

(.3) Shall not be used for the storage of equipment or vehicles.

(y) Accessory uses, customarily incidental to any of the above permitted uses; provided, that the accessory use does not occupy more than 25% of the gross floor area, and does not include open air storage materials, equipment or merchandise, except as provided in subparagraph (q) above.

(3) Use Regulations - With Certificate. The following uses will be permitted in this district only if a Zoning Board of Adjustment Certificate, as hereinafter provided, is obtained, and only in completely enclosed buildings except in paragraphs (b)(.1), (c), and (d):[164]

(a) Automobile repair shop (not including body and fender work, or painting,) and repair shops not listed in § 14-306.2(2) Use Regulations--Without Certificate;

(b) Automobile service station to include:

(.1) Retail sale of automobile fuels, lubricants, radiator fluids and accessories, indoors and outdoors;

(.2) Performance indoors of incidental service and minor repairs to automobiles (not including body and fender work or painting, clutch, cylinder, differential or transmission repairs); and
(.3) Incidental car washing indoors in an area not to exceed 400 square feet; and the inspection of automobiles provided the same is licensed by the Commonwealth of Pennsylvania;

(c) Garages and parking as a main use:[164.1]

(.1) Public garage;

(.2) Private garage;

(.3) Public parking lot;

(.4) Private parking lot, except as permitted under paragraph (2)(q) above;

(d) Radio or television transmission tower;

(e) Sales of live poultry or live fish;

(f) Trolley and cab stations, bus terminals, car and bus barns;

(g) Installation of automobile, boat, motorcycle and truck parts;[116]

(h) Billiards, pool and bowling;[117]

(i) Indoor theater, bath house, and indoor swimming pool as a main use;[118]

(j) Delicatessen;[119]

(k) Take out restaurant;[120]

(l) The retail sale of malt beverages for take-out as an accessory use;[121]

(m) A use of the same general character as the uses specified in subparagraphs (a) through (l) above;[122]

(n) Uses customarily accessory and incidental to the uses specified in subparagraphs (a) through (m) above.[123]

(4) Area Regulations.

(a) Lot Width and Area. The minimum lot area shall be 5,000 square feet with a minimum frontage of 50 feet on a street.

(b) Occupied Area. Not more than 60% of the lot area shall be occupied by buildings.

(c) The open area shall be not less than 40% of the lot area.

(d) Building Set-back Line. No building set-back line shall be required in this district.

(e) Floor Area. The gross floor area shall not exceed an area equal to 75% of the area of the lot.

(f) Yards. No front, side, or rear yards shall be required, however, any building not erected on a lot line shall be erected at least five feet from such lot line.

(5) Height Regulations.

(a) The maximum height of any structure shall be 35 feet above the average ground level at the base of the structure, but in no case over three stories (subject to provisions of § 14-313(1)[124]).

(6) Off-street Loading. Off-street loading spaces shall be provided in accordance with Chapter 14-1400 of this Title.

(7) Off-street Parking.[125]

(a) Subject to the provisions of (b) below, there shall be provided on the same lot at the time of the erection of any building or structure, or for the extension of any building or structure, or for the subdivision of this district into two or more parcels, off-street parking spaces for automobiles for all new buildings or structures, for all extensions or additions, for all subdivisions as well as for all existing buildings regardless of when they were erected, and/or which zoning classification under which they were erected, in accordance with the following requirements:[126]

(.1) Each off-street parking space shall comply with all of the provisions of Section 14-1403 of this Title.

(.2) The number of parking spaces shall be provided in accordance with the following schedule:[127]
Building’s Net Leasable Area
Spaces required per 1,000 square feet of net leasable area
1-400,000 square feet
400,001 - 600,000 square feet
600,001 and over

(.3) Newly erected indoor theaters, movie theaters and/or auditoriums or existing indoor theaters, movie theaters and/or auditoriums to which new additions are added after the effective date of this section shall provide off-street parking at a ratio of one (1) parking space for every four (4) permanent seats; provided, that in the case of a building addition, this ratio shall be met by the existing indoor theater, movie theater and/or auditorium as well as the addition;

(.4) Landscaping, screening, lighting, and pedestrian walkways shall be provided in accordance with the requirements of § 14-1403(3).

(.5) Where a "C-7" Commercial District is located within the same block frontage with a Residential District, the development of any portion of the off-street parking shall be designed so that all parking spaces and aisles are located behind the minimum set-back required by the most restrictive Residential District.
(b) In the event it is impractical or infeasible to provide parking on the same lot to fulfill all of the above requirements, the Zoning Board of Adjustment may grant a certificate to permit all or part of such parking area to be provided on another lot, not more than 550 feet from the nearest lot line of property it is proposed to serve, provided such parking space is under direct ownership or control of the owner or owners of such building or buildings.

(8) Signs. Signs accessory to uses on the premises shall be permitted in this district only under the following conditions:

(a) Only one sign shall be permitted on each building and it shall not exceed 2 square feet for each linear foot of building facing any and only one street, shall be constructed facing only on the street designated for the above computation, and may be (1) attached flat against the wall of the building or marquee or, (2) upon the roof of a marquee, and may project above the roof or wall coping, but may not extend beyond the building walls. In the case of multiple users in one building, the locations and numbers of signs totaling not more than the allowable sign area set forth may be authorized by a Certificate issued by the Zoning Board of Adjustment;

(b) Signs may be animated or illuminated; provided, the illumination shall be focused upon the sign itself, so as to prevent glare upon the surrounding areas;

(c) Signs with flashing or intermittent illumination shall not be erected within 150 feet of any Residential District, nor facing any Residential District within 300 feet of the sign;

(d) Signs which revolve shall be prohibited;

(e) Any revolving device which causes intermittent flashes of light to be projected shall be prohibited.

(9) Required Conditions.

(a) Where a "C-7" Commercial District abuts a Residential District, the development of any portion of such "C-7" Commercial District abutting the residential district shall include:
(.1) Adequate screening along the boundary line between districts at least six feet in height above mean curb level;

(.2) Adequate lighting facilities for use at night, which lights shall be so focused so as to prevent glare on surrounding dwelling units.

(10) Notwithstanding the provisions of paragraphs (2) and (3) of this Section, all franchised dealers selling new automobiles, including those which also sell used automobiles, shall be and shall remain conforming uses and structures under the Philadelphia Code and shall not be restricted as non-conforming uses or structures so long as the Department of Licenses & Inspections has issued a use registration permit and a certificate of occupancy for that use prior to December 4, 2003.[176.1]