Amending Title 14 of The Philadelphia Code, entitled "Zoning and Planning" by amending certain provisions of the CMX-1, Commercial Mixed Use, zoning district regarding uses, dimensional requirements, and parking, all 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:

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TITLE 14. ZONING AND PLANNING

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CHAPTER 14-600. USE REGULATIONS

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§ 14-602. Use Tables

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(4) Commercial Districts.

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[1] In the CMX-1 district, household living use regulations are as follows:

(.a) {If the lot is adjacent to a residential district, the household living regulations of the most restrictive adjacent residential district apply, except if the household living use is in an attached or semi-detached building, the household living use regulations of the residential district to which it is attached apply.} S

ingle-family and two-family household living shall be permitted.

(.b) {If the lot is not adjacent to a residential district, single-family household living shall be permitted and two-family and multi-family household living shall be prohibited.}

For any lot that meets each of the following conditions, multi-family housing shall be permitted:

(.i) The building contains a use other than residential and other than parking along one hundred percent (100%) of the ground floor frontage and within the first 30 ft. of building depth, measured from the front building line. If the property is bounded by two or more streets, only the primary frontages as designated in §

14-701(1) <https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-307388>

(d)(.4) (Primary Frontage) shall be subject to this requirement.

(.ii) The lot area is a minimum of 750 sq. ft. per dwelling unit, provided that, whenever the calculation of permitted number of dwelling units results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number.

{(.c) Notwithstanding the provisions of subsections (.a) and (.b) above, if the lot would otherwise qualify for, and an applicant chooses to earn, a dwelling unit density bonus for mixed-income housing, pursuant to § 14-702 (7) the lot shall instead be subject to Table Note [2], below, as if the lot were located in a CMX-2 district, plus any applicable housing density bonus pursuant to § 14-702 (7).}

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[5] {Office, retail, and commercial service uses located on the first floor may not occupy more than 2,000 sq. ft. of gross floor area, nor may any office, retail, or commercial service uses be located on or above the second floor.}

Reserved.

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

Previous District Name

C-1

***

District Name

CMX-1

***

* * *

Residential Use Category

Household Living (as noted below)

Single-Family

{[1]}

Y

***

Two-Family

{[1]}

Y

***

* * * *** ***

Public, Civic, and Institutional Use Category Y ***

* * * ***

***

***

Child Care Center

{S}

Y

***

Community Center

{N}

Y

***

Educational Facilities

{N}

Y

***

* * * *** *** ***

Office Use Category

Business and Professional

Y{[5]}

***

Medical, Dental, Health Practitioner (as noted below)

Sole Practitioner

Y{[5]}

***

Group Practitioner

S{[5]}

***

Government

Y{[5]}

***

Retail Sales Use Category

Building Supplies and Equipment

Y{[5]}

***

Consumer Goods (except as noted below)

Y{[5]}

***

* * * *** ***

Food, Beverages, and Groceries

Y{[5]}

***

Pets and Pet Supplies

Y{[5]}

***

Sundries, Pharmaceuticals, and Convenience Sales

Y{[5]}

***

Wearing Apparel and Accessories

Y{[5]}

***

Commercial Services Use Category

Animal Services (except as noted below)

Y{[5]}

***

* * * *** ***

Business Support

Y{[5]}

***

Eating and Drinking Establishments (as noted below)

Prepared Food Shop

{S}{[5]}

Y

***

Take-Out Restaurant

{N}

Y

***

Sit Down Restaurant

{N}

S

***

* * * *** ***

Financial Services (except as noted below)

Y{[5]}

***

Personal Credit Establishment

{N}

S

***

Funeral and Mortuary Services

S{[5]}

***

Maintenance and Repair of Consumer Goods

Y{[5]}

***

* * * ***

Personal Services (except as noted below)

Y{[5]}

***

* * * *** ***

Industrial Use Category

Artist Studios and Artisan Industrial

{N}

S

***

* * * *** ***

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CHAPTER 14-700. DEVELOPMENT STANDARDS

§ 14-701. Dimensional Standards.

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(a) Notes for Table 14-701-3.

[1] {Except with respect to front yard depths, as provided in Table Note [3], below, all buildings in any CMX-1 district shall be governed by the dimensional standards of the most restrictive adjacent district; provided, however, that when that building is attached to another building that is in another district, the dimensional standards (other than front setback requirements) of the other district shall apply.}

Reserved.

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[3] In the CMX-1 district, front yard depths shall comply with the following:

(.a) On any given street, the front yard depth shall be no deeper than the front yard depth of the principal building on the [immediately adjacent]

abutting

lot on [such street]

the same block face

with the deepest front yard depth; and shall be no shallower than the front yard depth of the principal building on the [immediately adjacent]

abutting

lot on [such street]

the same block face

with the shallowest front yard depth.

(.b) On any given street, if there is no principal building on [an immediately adjacent lot] any

abutting

lot

on the same block face,

then the front yard depth shall match the front yard depth on the closest building to the subject property that is on the same [blockface.]

block face.

If there is no such building, the minimum front yard depth shall be zero.

(.c) If the property is bounded by two or more streets,

and an abutting lot on the same block face is in the RSD-1, RSD-2, or RSD-3 zoning district, then

only the primary frontages as designated in § 14-701(1)(d)(.4) (Primary Frontage) shall be subject to the front yard depth requirements of (.a) and (.b) above.

Otherwise, the minimum front yard depth for properties bounded by two or more streets shall be zero.

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Table 14-701-3: Dimensional Standards for Commercial Districts

Previous District Name

C1

***

District Name

CMX-1

***

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District and Lot Dimensions

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Min. Street Frontage as taken from the front lot line (ft.)

{[1]}

0

***

Min. Lot Width (ft.)

{[1]}

0

***

Min. Lot Area (sq. ft.)

{[1]}

960

***

Max. Occupied Area (% of lot)

{[1]}

Intermediate: 75; Corner: 80

***

Yards

Min. Front Yard Depth (ft.)

{[1]}[3]

***

Min. Side Yard Width, Each (ft.)

{[1]}

0

***

Min. Rear Yard Depth (ft.)

{[1]}

Less than 45’ of depth: 7, Greater than 45’ of depth: 9

***

Height

Max. Height (ft.)

{[1]}

35 feet, 3 stories

***

Min. Cornice Height (ft.)

{[1]}

0

***

Floor Area Ratio

Max. Floor Area (% of lot area)

{[1]}

0

***

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CHAPTER 14-800. PARKING AND LOADING

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§ 14-802. Motor Vehicle Parking Ratios.

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(3) Required Parking in Commercial Districts.

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).

(a) Notes for Table 14-802-2.

[1] Applies notwithstanding the provisions of any overlay to the contrary.

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) See § 14-802(3)(a) (Notes for Table 14-802-2) for information pertaining to bracketed numbers (e.g., “[2]”) in table cells.

CMX-

1/

2/2.5

CMX-3

CMX-4/5

* * *

* * *

(7) Regulations Applicable to Specific Areas.

The following additional parking regulations are applicable to specific areas of the City. When the regulations of Chapter 14-800 (Parking and Loading) are inconsistent with the requirements of this § 14-802(7) (Regulations Applicable to Specific Areas), the requirements of this § 14-802(7) shall control.

[(a) CMX-1 Parking.

All buildings in the CMX-1 district shall comply with the parking requirements of the most restrictive adjacent district; provided, however, that when the proposed building is attached to another building in an adjacent district, the regulations of that district shall apply.]

[(b)]

(.1) The number of parking spaces shall be provided in accordance with the following schedule, except as provided in § 14-802(7)(b)(.1)(.a) and § 14-802(7)(b)(.1)(.b), below:

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§ 14-803. Motor Vehicle Parking Standards.

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(c) Additional Regulations Applicable to Specific Zoning Districts.

The regulations of this § 14-803(1)(c) apply to the specified zoning districts. Should these regulations conflict with any other standard of this § 14-803, the stricter provision shall apply.

(.1) Additional Regulations for RSA-5, RSA-6, RM-1,

CMX-1,

and CMX-2 Districts.

In the RSA-5, RSA-6, RM-1,

CMX-1,

and CMX-2 districts, accessory parking for any single-family, two-family or multi-family use in an attached or semi-detached building shall be prohibited unless it can be accessed from a shared driveway, alley, or rear street on which no on-street parking is permitted on the side of the rear street directly abutting the lot. In making a determination of whether on-street parking is permitted, L&I may rely on certification and documentation from the applicant.

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SECTION 2. This Ordinance shall take effect immediately

____________________________

Explanation:

[Brackets] indicate matter deleted, except in tables and notes to tables.

{Braces} indicate matter deleted within tables and notes to tables.

Italics

indicate new matter added.

End