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§ 14-603. Use-Specific Standards.

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Where the Pennsylvania Liquor Control Board so requires, beer distributors must be licensed.

A body art services establishment is subject to applicable regulations set forth in § 6-402(11) of The Philadelphia Code (The Health Code).

Outdoor storage of supplies, equipment, or inventory is allowed in Commercial districts provided that:

(a) outdoor storage areas may not be located in any required front setback area; and

(b) outdoor storage areas are screened from view from all public streets and from any abutting properties in residential use through the use of opaque materials, except chain link fencing with inserts, that are at least as tall as the materials being screened.

No cemetery or place for burial may be erected, kept, maintained, or established within the City unless:

(a) It was established and in use for such purpose on May 25, 1866; or

(b) It was specifically authorized by prior ordinance.

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(a) Family Day Care.

(.1) A family day care use must be located in a single-family or two-family residence and is permitted to occupy the same lot as the residence as another principal use. The family day care use must be operated by the resident owner of the residence or a resident tenant authorized by the owner.

(.2) Family day care uses are limited to providing care to a maximum of six children, or, if approved by special exception, twelve children, except within "Area 1" and "Area 2," as defined below and shown on the following two maps for illustrative purposes only, family day care uses are limited to providing care to four or fewer children.

(.a) Area 1: Forty-first Ward: All Divisions; Forty-fifth Ward: Divisions 1-6; 12; 15; 20; 23; 25; Fifty-fourth Ward: Divisions 7-22; Fifty-fifth Ward: All Divisions; Fifty-seventh Ward: All Divisions; Sixty-second Ward: Divisions 17; 21-22; 24-26; Sixty-fourth Ward: All Divisions; Sixty-fifth Ward: All Divisions.

(.b) Area 2: Fifty-sixth Ward: All Divisions; Fifty-eighth Ward: All Divisions; Sixty-third Ward: All Divisions; Sixty-sixth Ward: All Divisions.

(b) Group Day Care.

Group day cares in RSD districts shall be permitted only if accessory to a principal or accessory building used as an educational facility, hospital, library and cultural exhibit, religious assembly, or recreation building, provided that within "Area 1" and "Area 2," as defined in § 14-603(5)(a)(.2), above, the building must be publicly-owned or operated.

(c) Day Care Center.

Day care centers in RSD, RSA, RTA, and RM districts shall be permitted only if accessory to a principal or accessory building used as an educational facility, hospital, library and cultural exhibit, religious assembly, or recreation building, provided that within "Area 1" and "Area 2," as defined in § 14-603(5)(a)(.2), above, the building must be publicly-owned or operated.

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Family Day Care Area 1 (Applies to all lots)

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Family Day Care Area 2 (Applies to all lots)

The following regulations apply to all take-out restaurants that require special exception approval:

(a) In addition to any otherwise required application materials, applicants for take-out restaurants must submit a litter clean-up plan that addresses on- and off-site litter clean up, the location of trash and recycling containers, a litter clean-up schedule and a map of the off-site clean-up area.

(b) In acting on special exception applications for take-out restaurants, the Zoning Board must, in addition to the normally required special exception procedures of § 14-303(7) (Special Exception Approval), find that the proposed location of the take-out restaurant will not result in adverse impacts upon the vicinity after giving consideration to a litter clean-up plan, the hours of operation, and the site plan.

(c) In acting to approve special exception applications for take-out restaurants, the Zoning Board is expressly authorized to require that the premises be posted with signs stating that the consumption of foods or beverages on the lot must occur inside the principal building. The Zoning Board is also authorized to require that the name and address of the establishment be printed on all disposable food and beverage containers.

The incentives of this section are applicable to all new fresh food markets.

(a) Requirements.

In order to receive the incentives of this section the following requirements must be met.

(.1) A minimum of 1,200 sq ft. of gross floor area must be dedicated to the fresh food market retail use.

(.2) The fresh food market must be located on the ground floor of the structure and accessible through a separate entrance that must be located along the primary street frontage.

(b) Exemption from District Floor Area Limits.

In zoning districts with maximum floor area limits for retail uses, fresh food markets may exceed such floor area limits by up to 50% of lot area.

(c) Additional Floor Area.

For zoning districts that are regulated by a maximum floor area ratio in § 14-701 (Dimensional Standards): Buildings containing fresh food markets are allowed one additional square foot of floor area for each square foot of fresh food market floor area included within the building, up to a maximum of 25,000 sq. ft. of additional floor area.

(d) Additional Building Height.

For zoning districts that are regulated by height in § 14-701 (Dimensional Standards): Buildings containing fresh food markets may exceed the maximum building height of the subject zoning district by up to 15 ft.

(e) Reduced Parking.

The first 10,000 sq. ft. of floor area in a fresh food market is exempt from minimum off-street parking requirements.

The use-specific standards of this subsection apply to all new service stations and to all additions to existing service stations that result in the addition of two or more fuel pumps or the addition of more than 1,500 sq. ft. of floor area or paved area.

(a) The minimum required lot area is 10,000 sq. ft., with a minimum street frontage of 100 ft. These lot size requirements do not apply to remodeling or expansion of existing service stations.

(b) The following activities are permitted in association with vehicle fueling station uses:

(.1) sale and dispensing of engine fuels and lubricants;

(.2) sale and installation of tires, batteries, automotive accessories, and replacement items;

(.3) minor automotive maintenance and repair of personal vehicles that are conducted entirely indoors and do not include any body repair or painting services;

(.4) other incidental customer services and products;

(.5) sale of groceries and sundries;

(.6) automatic or manual automobile washing, waxing, interior cleaning, and detailing services if such activities are conducted entirely indoors;

(.7) sale of liquefied or pressurized butane, propane, or natural gas; and

(.8) other accessory uses similar in nature to those listed.

(c) Merchandise, material, and products for sale must be stored and displayed within an enclosed building, except that motor oil, tires, batteries, and other automotive supplies may be displayed at pump islands or within five ft. of the main building if the display or storage racks and containers are designed to appear as an integral part of the pump island or building exterior.

(d) Outdoor storage of inoperable or unlicensed vehicles is prohibited.

(e) Canopy and other outdoor lighting must comply with the regulations of § 14-707 (Outdoor Lighting).

(f) Service stations are subject to the parking lot landscape screening requirements of § 14-803(5)(d) (Perimeter Screening from Public Streets) and § 14-803(5)(c), (Perimeter Screening From Abutting Residential District) as if the service station is a parking lot.

(g) All driveways must be located and designed to ensure that they will not adversely affect motorized or nonmotorized traffic safety. Driveway spacing and circulation must comply with all applicable regulations of the Department of Streets.

(h) Along any street frontage, a lot occupied by a service station shall have no more than one curb cut for both ingress and egress, the width of which shall not exceed 24 ft., or two one-way curb cuts, the width of which shall not exceed 12 ft., providing that the curb cuts shall not occupy more than 50% of the service station lot's street frontage.

(a) The minimum required lot size for junk and salvage yards and buildings is two acres.

(b) Junk and salvage yards and buildings may not be located within 150 ft. of any Residential district.

(c) If the junk and salvage yard/building is located in any district other than the I-3 or I-P, a masonry wall, not less than eight ft. in height and not more than 12 ft. in height, shall be constructed and maintained in good condition around all property boundaries abutting a zoning district other than I-3 or I-P. All activities and stored materials must be confined to the walled-in area. There may be no stacking of material above the height of the masonry wall, but moveable equipment used in the conduct of junk or salvage activities may exceed that height.

(d) All buildings, screening, and junk or salvage materials must be set back at least 20 ft. from any public street, and that setback area shall be landscaped in accordance with § 14-705(2) (Street Tree Requirements).

(e) Open burning is prohibited.

(f) No outdoor industrial processes involving the use of equipment for cutting, shredding, compressing, or packaging may be conducted within 300 ft. of a Residential district.

(g) All roads, driveways, parking lots, and loading and unloading areas within any junk or salvage yard or building must be surfaced with a material to prevent wind-born dust from being carried outside the walled area.

(h) All fluids must be drained from junk and salvage motor vehicles or motor vehicle parts within seven days after those vehicles or parts are brought onto the site, and those fluids must be disposed of in compliance with all applicable laws.

(i) Junk and salvage yards and buildings are subject to the fencing requirements of Philadelphia Code § 9-612.

The following regulations apply to all non-accessory parking uses that require special exception approval.

(a) The applicant shall submit a pedestrian and vehicular traffic impact study that has been prepared by a licensed professional engineer, specializing in transportation, that demonstrates that the proposed parking facility:

(.1) will not materially degrade the level of service at any signalized intersection within 400 ft. of the lot during any 15-minute period between the hours of 7:30 a.m. and 9:30 a.m. and 4:00 p.m. and 6:00 p.m. to an unacceptable level of congestion as determined by professional traffic engineering standards; or

(.2) if the proposed parking facility will degrade the existing level of service to an unacceptable level, an abatement and/or mitigation plan demonstrating how any degradation in service will be mitigated has been approved by the Streets Department. The mitigation plan shall indicate any off-site public or private actions necessary for implementation.

(b) The applicant shall submit a plan and/or evidence prepared by a licensed architect or licensed professional engineer indicating that the sight lines for the driver of any vehicle exiting the parking facility are such that a proper sight triangle across both sides of the sidewalk will exist so that the driver of any vehicle will be able to see pedestrians on the sidewalk adjacent to the driveway, before any part of the vehicle exits the lot.

Where the Pennsylvania Department of Public Welfare requires, personal care homes must comply with all applicable regulations of 55 Pa. Code Chapter 2600.

Re-entry facilities shall not be located:

(a) Within 500 ft. of any Residential district, SP-INS district, or any protected use (See § 14-203(249) (Protected Use));

(b) Within 1,000 ft. of any SP-ENT district.

(a) Designation of Regulated Uses.

The following uses are designated as regulated uses:

(.1) Adult-oriented merchandise;

(.2) Adult-oriented service;

(.3) Drug paraphernalia stores;

(.4) Gun shops;

(.5) Detention and correctional facilities;

(.6) Personal credit establishments;

(.7) Amusement arcades;

(.8) Pool or billiards rooms;

(.9) Body art services.

(b) Regulations and Standards.

(.1) Separation Requirements.

No regulated use may be located:

(.a) Within a zoning district where such use is not expressly allowed;

(.b) Within 1,000 ft. of any other existing regulated use;

(.c) Within 500 ft. of any Residential district or SP-INS district;

(.d) Within 1,000 ft. of any SP-ENT zoning district; or

(.e) Within 500 ft. of the nearest lot line of a lot containing any protected use (see § 14-203(249) (Protected Use)).

(.2) Discontinuance of Operations.

If a regulated use ceases or discontinues operation for a continuous period of 90 days or more, the regulated use may not resume, or be replaced by any other regulated use unless it complies with the regulated use requirements of this section.

(a) Each stable structure (excluding fences) shall be located at least 500 ft. from each property line abutting a Residential district, and 50 ft. from the front lot line.

(b) Each stable shall be subject to all other applicable ordinances and regulations of the City, including applicable regulations on stables set forth at § 10-100 of The Philadelphia Code.

(a) General.

All urban agriculture uses are subject to the following standards:

(.1) Sales are permitted on the same lot as the urban agriculture use or in locations where retail sales are an allowed use.

(.2) The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property.

(b) Community Gardens, Market and Community-Supported Farms.

The following standards apply to community gardens, and market and community-supported farms:

(.1) For market and community-supported farm uses only: A fence or dense vegetative screen shall be provided along front, side, and rear lot lines that are adjacent to a Residential zoning district. The fence or dense vegetative screen must comply with the requirements § 14-706 (Fencing and Walls). If a fence is used, the fence shall be at least as finished in appearance as the side facing the applicant's use. Fencing shall be constructed of wood, welded wire, or ornamental metal; chain-link and barbed wire are prohibited as fencing material.

(.2) Refuse and compost bins must be rodent-resistant and located as far as practicable from abutting residential uses. Refuse must be removed from the site at least once a week.

(.3) Storage areas for tools and equipment must be enclosed and located as far as practicable from abutting residential uses.

(.4) No outdoor work activity that involves power equipment or generators may occur between sunset and sunrise.

(c) Animal Husbandry.

Animal husbandry is subject to applicable regulations on farm animals set forth at §§ 10-101(8) and 10-112 of The Philadelphia Code. Where § 10-112 of The Philadelphia Code permits the keeping of farm animals, they must be fenced or enclosed as far as practicable from abutting residential uses.

Freestanding towers shall meet the following requirements:

(a) Distance from Residential Dwelling Units.

(.1) Towers in all Residential and CMX-1 districts shall not be located within 500 ft. of a lot line of any residential dwelling unit, provided that where a fall zone of greater than 500 feet is required, the greater fall zone distance shall apply.

(.2) Towers in all Commercial districts other than CMX-1 and in all Industrial districts shall not be located within 250 feet of a lot line of any residential dwelling unit, provided that where a fall zone of greater than 250 ft. is required, the greater fall zone distance shall apply.

(b) Minimum Lot Size.

New towers may be erected only on lots with a minimum area of 2,000 sq. ft.

(c) Setback and Height Requirements.

Buildings and structures associated with a newly erected tower (excluding antennas and antenna towers or support structures) must comply with the setback and height requirements of the zoning district in which they are located.

(d) Screening.

(.1) A continuous evergreen screen must be provided around all newly erected towers. The screen may consist of a hedge or a row of evergreen trees. The evergreen screen must be a minimum of six ft. in width with a minimum height of six ft. at time of planting, with a minimum 15-foot height at maturity.

(.2) All structures, buildings and equipment accessory to antennas placed on an existing structure that is not located within the existing structure must be screened with materials compatible with the existing structures, buildings, or equipment at the time of planting.

(.3) The vegetative species to be used for required screening must be selected from a list of trees recommended by the Commission. If the Commission determines that existing structures, buildings, vegetation, topography, or other natural features achieve the same level of screening as required above and informs L&I in writing of this finding, the requirements of this paragraph may be modified or waived.

(e) Height Limit.

Ground- and building-mounted towers may not exceed the greater of 60 ft. in height above the average ground level at the base of the tower or building or the maximum building height allowed in the subject zoning district.

(f) Fall Zone.

Within the lot where the facility is located, there shall be a fall zone around the entire tower whose radius is equal to the height of the tower at its highest point.

(g) Fencing.

Unless located on an existing building, towers must be completely enclosed by a six-foot tall chain link or similar fence. The entire fence must be located behind the required landscape screen and the required setback.

(h) Guy Wires.

All guy wires and guyed towers must be clearly marked so as to be visible at all times. All guy wires shall be a minimum of 10 ft. from a property line of the facility.

(i) Lighting.

All lighting, other than required by the FAA, must be shielded and reflected away from abutting properties.

(j) Special Exception Decision-Making Criteria.

In all locations in which freestanding towers require special exception approval, the applicant must:

(.1) submit a definition of the area of service needed for coverage or capacity;

(.2) submit information showing that the proposed facility would provide the needed coverage or capacity;

(.3) submit a map showing all alternate sites from which the needed coverage could also be provided, indicating the zoning for all such sites;

(.4) show why alternate sites that would not require special exception approval have not been proposed;

(.5) demonstrate that existing facilities cannot accommodate the proposed antennas within the service area and that an existing public, community, or institutional facility cannot accommodate the proposed antennas within the service area;

(.6) demonstrate that they cannot co-locate the antenna within the service area;

(.7) demonstrate, by presenting technological evidence, that the tower must be located at the proposed site in order to satisfy the needs of the applicant's wireless grid system;

(.8) allow other wireless service providers using similar technology to co-locate on the tower;

(.9) demonstrate how the site will be designed to accommodate future multiple users; and

(.10) demonstrate that the proposed tower will preserve the preexisting character of the surrounding buildings and land use as much as possible. All components of the proposed tower must be integrated through location and design to be compatible with the existing characteristics of the site to the extent practical. Existing on-site vegetation must be preserved or improved, and the disturbance of the existing topography must be minimized, unless such disturbance would result in less visual impact on the surrounding area; and

(.11) demonstrate that the applicant has advertised in a newspaper of general circulation, at least 21 days prior to the public hearing, notice of the application, which shall, in addition to the information included on the posting notice, give notice of the pending hearing and of individuals rights to appear at the hearing to apprise the Zoning Board of their concerns regarding the proposed facility. This provision shall be satisfied by presenting to the Zoning Board, at the time of the public hearing, a copy of the newspaper containing the advertisement.

Building- or tower-mounted antennas and supporting electrical and mechanical equipment are subject to the following requirements:

(a) They are prohibited on a lot containing a single-family or two-family use.

(b) They must be painted or screened in a way to match the colors or simulate the materials of the building or tower on which they are mounted.

(c) They may not be artificially illuminated, unless required by the FAA. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding uses.

(d) They may not have signs attached to them unless required by the FAA, FCC, or other applicable authority.

(e) Building-mounted antennas may be mounted to the wall or roof. Antennas, including supporting electrical and mechanical equipment, shall not exceed 15 ft. in height.

(f) Modification of any tower to accommodate an additional antenna may not cause the height of the tower, excluding antennas, to be increased more than 10 ft. beyond the tower height originally approved.

Nightclubs and private clubs are subject to the applicable regulations set forth in § 9-703 (Special Assembly Occupancies) of The Philadelphia Code.

(a) Standards.

Bed and breakfast establishments are subject to the following standards:

(.1) the establishment must be located in the permitted areas described in subsection (b), below;

(.2) the establishment must be operated by the owner of the building, who must live on the property;

(.3) the bed and breakfast may not contain more than four guest rooms in RSD, RSA, and RTA districts or more than ten guest rooms in any RM district;

(.4) breakfast service must be provided for guests; such breakfast service shall not be provided to persons who are not guests of the bed and breakfast establishment;

(.5) bed and breakfast establishments may not be leased or offered for use as reception space, party space, meeting space, or other similar events open to nonresident guests; and

(.6) if the lot abuts an alley or shared driveway with a width of 12 ft. or more, access to guest parking spaces must come from the alley or shared driveway.

(b) Permitted Areas.

Reserved.

(a) Regulations and Standards.

(.1) Separation Requirements.

No medical marijuana dispensary use may be located:

(.a) Within a zoning district where such use is not expressly allowed;

(.b) Within 500 ft. of any regulated use (see § 14-603(13) (Regulated Use));

(.c) Within 500 ft. of any school (up to and including the 12th grade) or its adjunct recreation areas/play fields;

(.d) Within 500 ft. of any public playground;

(.e) Within 500 ft. of any public swimming pool;

(.f) Within 500 ft. of any public park;

(.g) Within 500 ft. of any public recreation center;

(.h) Within 500 ft. of any public library; or

(.i) Within 500 ft. of any day care.

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