Amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning," by providing for Adult Care, clarifying Day Care as Child Care, and related changes, under certain terms and conditions.

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Title 14 of The Philadelphia Code is hereby amended to read as follows:

Key: In Tables that contain bracketed table notes, and in the table notes, deletions are indicated by { } rather than [ ].

TITLE 14. ZONING AND PLANNING

* * *

Chapter 14-200. DEFINITIONS

* * *

§ 14-203. Definitions.

* * *

(4.1)

Adult Care.

See § 14-601(4)(q) (Adult Care).

* * *

Child

Care.

See § 14-601(4)(c) [(Day]

(Child

Care).

Child

Care Center.

See § 14-601(4)(c)(.3) [(Day]

(Child

Care).

Child

Care, Family.

See § 14-601(4)(c)(.1) (Family [Day]

Child

Care).

Child

Care, Group.

See § 14-601(4)(c)(.2) (Group [Day]

Child

Care).

* * *

Chapter 14-400. BASE ZONING DISTRICTS

* * *

§ 14-406. SP-STA, Sports Stadium (Special Purpose) District.

* * *

* * *

* * *

Child

care;

* * *

accommodations; and

* * *

§ 14-407. SP-PO, Parks and Open Space (Special Purpose) District.

* * *

* * *

* * *

Child

care

and Adult Care

in recreational buildings; and

* * *

§ 14-503. /NCA, Neighborhood Commercial Area Overlay District.

* * *

* * *

* * *

* * *

child

care.

* * *

CHAPTER 14-600. USE REGULATIONS

§ 14-601. Use Categories.

* * *

* * *

Child

Care.

Uses providing care, protection, and supervision for children [or adults] for a fee on a regular basis away from their primary residence for less than 24 hours per day. Examples include preschools, nursery schools, Head Start programs,

and

latch key [programs, and adult daycare programs]

programs

. The following are not regulated as [day]

child

care uses: (i) care given by guardians,

or

relatives [or Life Partners] of the [children or adults,]

children,

or (ii) care given away from the primary residence of the children [or adults] by babysitters or caregivers for fewer than 10 hours per week. For the purposes of the [day]

child

care use subcategory, the term “relative” shall mean a [spouse,] parent, [child,] stepparent, [stepchild,] grandparent, [grandchild,] brother, sister, half brother, half sister, aunt, [uncle, niece, or nephew.]

or uncle.

The following are [day]

child

care specific use types:

Child

Care.

The provision of care within the [day]

child

care provider’s primary residence for children who are not relatives of the provider. See also the family [day]

child

care use-specific standards of § 14-603(5) [(Day]

(Child

Care).

Child

Care.

The provision of care in a facility that is not the [day]

child

care provider’s primary residence for up to [12]

13

children [or up to 12 adults] who are not relatives of the provider. See also the group [day]

child

care use-specific standards of § 14-603(5) [(Day]

(Child

Care).

Child

Care Center.

The provision of care in a facility that is not the [day]

child

care provider’s primary residence for [13 or more adults or 13]

14

or more children who are not relatives of the provider. See also the [day]

child

care center use-specific standards of § 14-603(5) [(Day]

(Child

Care).

* * *

Uses providing care, protection, and supervision for adults for a fee on a regular basis away from their primary residence for less than 24 hours per day. The following are not regulated as adult care uses: (i) care given by guardians, relatives or Life Partners of the adults, or (ii) care given away from the primary residence of the adults by caregivers for fewer than 10 hours per week. For the purposes of the adult care use subcategory, the term “relative” shall mean a spouse, parent, child, stepparent, stepchild, grandparent, grandchild, brother, sister, half brother, half sister, aunt, uncle, niece, or nephew.

§ 14-602. Use Tables.

* * *

Building types are permitted in Residential districts in accordance with Table 14-602-1.A. Principal uses are allowed in Residential districts in accordance with Table 14-602-1. Uses classified as accessory uses, such as home occupations, are not regulated by the use table. Accessory uses are permitted in conjunction with allowed principal uses, provided they comply with all applicable regulations of § 14-603 (Use-Specific Standards) and § 14-604 (Accessory Uses and Structures).

* * *

Table 14-602-1: Uses Allowed in Residential Districts

Previous District Name

R1

R1A

R2

R3

R4

R5

R6/7

R9A/10A/R20

RSA

R8/9/10/10B/18/19

R11/11A/12/13

R14

R15/16

RC-6

WRD/ITD

RC-4

District Name

RSD-1

RSD-2

RSD-3

RSA-1

RSA-2

RSA-3

RSA-4

RSA-5

RTA-1

RM-1

RM-2

RM-3

RM-4

RMX-1

RMX-2

RMX-3

Use-Specific Standards

Y

= Yes permitted as of right |

S

= Special exception approval required

N

= Not allowed (expressly prohibited) | Uses not listed in this table are prohibited See § 14-602(3)(a) (Notes for Table 14-602-1) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells.

* * *

Public, Civic, and Institutional Use Category

Adult Care

N

N

N

N

N

N

N

N

Y

Y

Y

Y

Y

Y

Y

Y

Community Center

N

N

N

N

N

N

N

N

N

Y

Y

Y

Y

Y

Y

N

{Day}

Child

Care (as noted below)

Family {Day}

Child

Care

N

N

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

Y

§ 14-603(5)

Group {Day}

Child

Care

N

N

N

N

N

N

N

S[2]

S[2]

S[2]

S[2]

S[2]

S[2]

Y

Y

Y

§ 14-603(5)

{Day}

Child

Care Center

N

N

N

N

N

N

N

N

N

N

N

N

N

Y

Y

Y

§ 14-603(5)

* * *

Principal uses are allowed in Commercial districts in accordance with Table 14-602-2. Uses classified as accessory uses, such as home occupations, are not regulated by the use table. Accessory uses are permitted in conjunction with allowed principal uses, provided they comply with all applicable regulations of § 14-603 (Use-Specific Standards) and § 14-604 (Accessory Uses and Structures).

* * *

Table 14-602-2: Uses Allowed in Commercial Districts

Previous District Name

C-1

C-2/RC-2

(/NCC)

C-3/RC-3

C-4

C-5

C-7/NSC

ASC

District Name

CMX-1

CMX-2

CMX-2.5

CMX-3

CMX-4

CMX-5

CA-1

CA-2

Use-Specific Standards

Y

= Yes permitted as of right |

S

= Special exception approval required

N

= Not allowed (expressly prohibited) | Uses not listed in this table are prohibited See § 14-602(4)(a) (Notes for Table 14-602-2) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells.

* * *

Public, Civic, and Institutional Use Category

Adult Care

Y

Y

Y

Y

Y

Y

Y

Y

Community Center

N

Y

S

Y

Y

Y

N

N

{Day}

Child

Care (as noted below)

Family {Day}

Child

Care

Y

Y

Y

Y

Y

Y

N

N

§ 14-603(5)

Group {Day}

Child

Care

Y

Y

Y

Y

Y

Y

Y

Y

§ 14-603(5)

{Day}

Child

Care Center

S

Y

Y

Y

Y

Y

Y

Y

§ 14-603(5)

* * *

Principal uses are allowed in Industrial districts in accordance with Table 14-602-3. Uses classified as accessory uses, such as home occupations, are not regulated by the use table. Accessory uses are permitted in conjunction with allowed principal uses, provided they comply with all applicable regulations of § 14-603 (Use-Specific Standards) and § 14-604 (Accessory Uses and Structures).

* * *

Table 14-602-3: Uses Allowed in Industrial Districts

Previous District Name

New

L4/L-5

L1/L2/L3

G1/G2

LR

PI

District Name

IRMX

[3]

ICMX

I-1

I-2

I-3

I-P

Use-Specific Standards

Y

= Yes permitted as of right |

S

= Special exception approval required

N

= Not allowed (expressly prohibited) | Uses not listed in this table are prohibited See § 14-602(5)(a) (Notes for Table 14-602-3) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells.

* * *

Public, Civic, and Institutional Use Category

Adult Care

Y

Y

N

N

N

N

{Day}

Child

Care

Y

Y

N

N

N

N

§ 14-603(5)

* * *

Principal uses are allowed in special purpose zoning districts in accordance with Table 14-602-4. Uses classified as accessory uses, such as home occupations, are not regulated by the use table. Accessory uses are permitted in conjunction with allowed principal uses, provided they comply with all applicable regulations of § 14-603 (Use-Specific Standards) and § 14-604 (Accessory Uses and Structures).

[1]

In addition to the regulations of this Zoning Code, uses in the SP-PO district are subject to Pennsylvania law. Uses on City-owned park and open land are also subject to approval by DPR.

[2]

{Day}

Child

care uses shall be enclosed within a building and may be located within the terminal complex. {Day}

Child

care services may not be located within buildings containing uses listed in § 14-601(4)(a)(.4) to § 14-601(4)(a)(.17).

* * *

Table 14-602-4: Uses Allowed in Special Purpose Districts

Previous District Name

IDD

CED

SSD

REC-P

REC

New

District Name

SP-INS

SP-ENT

SP-STA

SP-PO-P

SP-PO-A

SP-AIR

Standards

Y

= Yes permitted as of right |

S

= Special exception approval required

N

= Not allowed (expressly prohibited) | Uses not listed in this table are prohibited See § 14-602(6)(a) (Notes for Table 14-602-4) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells.

* * *

Public, Civic, and Institutional Use Category

Airport-Related Facilities

N

N

N

N

N

Y

Adult Care

Y

N

Y

N

Y

N

Community Center

Y

N

N

N

Y

N

{Day}

Child

Care

Y

N

Y

N

N

S[2]

§ 14-603(5)

* * *

§ 14-603. Use-Specific Standards.

* * *

Child

Care.

Child

Care.

child

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]

child

care use must be operated by the resident owner of the residence or a resident tenant authorized by the owner.

child

care uses are limited to providing care to a maximum of six children, or, if approved by special exception, twelve children, except within “Area 3” as defined below family [day]

child

care uses are limited to providing care to a maximum of six children; and within “Area 1” and “Area 2,” as defined below and shown on the following two maps for illustrative purposes only, family [day]

child

care uses are limited to providing care to four or fewer children.

Child

Care.

child

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.

child

care is prohibited.

Child

Care Center.

[Day]

Child

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.

Family [Day]

Child

Care Area 1 (Applies to all lots)

Family [Day]

Child

Care Area 2 (Applies to all lots)

* * *

No medical marijuana dispensary use may be located:

* * *

child

care.

§ 14-604. Accessory Uses and Structures.

* * *

* * *

* * *

child

cares are not regulated as home occupations and are not subject to the regulations of this section. See § 14-603(5) [(Day]

(Child

Care).

* * *

CHAPTER 14-700. DEVELOPMENT STANDARDS

* * *

§ 14-702. Floor Area, Height, and Housing Unit Density Bonuses.

* * *

child

care, or library and cultural exhibits use category.

child

care, or library and cultural exhibits use category for a term of 15 years, or the life of the building, whichever is less.

* * *

CHAPTER 14-800. PARKING AND LOADING

* * *

§ 14-802. Motor Vehicle Parking Ratios.

* * *

Table 14-802-2 lists the parking requirements for Commercial districts, except CMX-1, CA-1, and CA-2. The CMX-1 parking requirements are set forth in § 14-802(7)(a) (CMX-1 Parking). The CA-1 and CA-2 parking requirements are set forth in § 14-802(7)(b) (CA-1 and CA-2 Parking).

Table 14-802-2: Required Parking in Commercial Districts (Except CMX-1, CA-1, and CA-2)

Minimum Required Parking Spaces

(spaces per unit/sq. ft. of gross floor area/beds/seats/room)

CMX-2/2.5

CMX-3

CMX-4/5

* * *

Commercial Services

(as noted below)

Adult Care

0

0

0

Adult-Oriented Service

0

0

0

Animal Services

0

0

0

Assembly and Entertainment

1/10 seats or 1/1,000 sq. ft., whichever is greater

1/10 seats or 1/1,000 sq. ft., whichever is greater

The greater of (a) none for the first 400 seats then 1/10 seats or (b) none for the first 10,000 sq. ft. then 1/1,000 sq. ft.

Building Services

0

0

0

Business Support

0

0

0

{Day}

Child

Care

0

0

0

* * *

SECTION 2. This Ordinance shall become effective immediately.

___________________________________

Explanation:

[Brackets] indicate matter deleted.

Italics

indicate new matter added.

End