(1) Legislative Findings. The Council finds
that:
(a) Major public and private investments have been made and
continue to be made in and around the Old City section of the City to enhance
visual aesthetics, preserve and protect the nationally registered historic
district, prevent declining property values, encourage economic investment and
tourism, promote residential uses in and adjacent to the downtown core, and
protect the economic vitality of this section of
Philadelphia;
(b) Public expenditures have included appropriations for
restoration of historic sites, improvement of vehicular access, street and
sidewalk improvements, reconstruction of Market street from Front street to
Fifth street, interstate right-of-way landscaping and sound barriers to protect
Old City;
[385] (c) Private
investment within and immediately adjacent to Old City includes the restoration,
adaptive reuse, and reconstruction of numerous historic structures, representing
upwards of five hundred million ($500,000,000) dollars of investment and
creating more than two thousand (2,000) new housing units, the new construction
within the Independence Mall Urban Renewal Area, the rehabilitation of historic
churches and the private development of City-owned piers at Penn's
Landing;
[386] (d) The large amount
of public and private investment in the areas adjacent to Old City, namely,
redevelopment within the Independence Mall Urban Renewal Area, Market Street
East Urban Renewal Area, Vine Street Expressway, Interstate 95 access ramps, and
Penn's Landing may pose a threat to the retention of the unique historic
character, cultural significance and residential viability of Old
City;
[387] (e) Old City is important
to the economic vitality and diverse character of Center City Philadelphia in
that it serves as a major tourist destination within "America's Most
Historic Square Mile," with more than 1.6 million sightseers per year visiting
Independence National Historic Park, Elfreth's Alley, Christ Church, the
Betsy Ross House, Benjamin Franklin's gravesite, the 1802 Society of
Friends Meeting House and the Museum of American Jewish
History;
(f) Old City is a neighborhood consisting of a unique
collection of 18th and 19th century structures, the great majority of which do
not exceed 5 stories in height. The area is considered one of the greatest
intact collections of 19th century cast iron facade buildings in the United
States. The district is now and has been for over 100 years essentially fully
developed, thus there are few vacant development sites. Pressure to develop
these few vacant parcels with higher density projects for greater economic
return will intensify. This will ultimately lead to construction of buildings of
a height, bulk and density that will overshadow existing historic 3 to 5 story
structures. Such higher density development may be incompatible with sensitive
historic areas such as Elfreth's Alley, the Betsy Ross House and Christ
Church;
[388] (g) Higher density
development may over burden local streets with additional vehicular traffic and
strain utility and City provided services. Structures in excess of 5 stories may
block out light and air to the predominantly lower historic buildings nearby,
now occupied by predominantly by residential uses. They may also block historic
views of important historic sites and groups of restored facades typical of the
district. This will serve to lower the quality of life for existing homeowners
and tenants and may negatively affect the property values of previously
converted residential
structures;
[389] (h) Therefore,
special land use and zoning controls providing for limitation on the height of
new construction or additions to existing buildings as well as on the size and
location of certain specific entertainment and commercial uses, are required to
protect the historic, residential, cultural and economic vitality of this
section of the
City.
[390] (2) District Boundaries.
For the purposes of this section, the Old City Residential Area Special District
regulations shall apply to all the properties within the area bounded as follows
and depicted on Map "A":
(a) On the north, the south street line of
Wood street; on the east, the west street line of the Delaware Expressway; on
the south, the north property line of all properties fronting on the north side
of Market street; and, on the west, the east street line of Fifth
street.
(3) Prohibited Uses. Within the Old City Residential Area
Special District (Map "A") and notwithstanding any other Chapter of this Title,
the following uses shall be prohibited:
(a) Amusement
Arcades;
(b) Athletic and drill hall, dance hall, and other
entertainment of guests and patrons as a main use;
(c) Automobile
repair shops, automobile service station for the retail sale of automobile
fuels, lubricants and accessories, retail sale and installation of automobile
parts, tires or audio equipment, car wash, automobile and truck sale
lots;
(d) Billiards, pool and bowling;
(e) Bottling and/or
distribution of liquids for human consumption;
(f) Central heating
plant;
(g) Courtroom and courthouse building;
(h) Garages as a
main use and public parking lots;
(i) Installations of auto, boat,
motorcycle or truck parts;
(j) Laboratories (analytical, chemical and
research) and assay offices;
(k) Penal and correctional
institutions;
(l) Restaurants and nightclubs;
(m) Theaters
with live stage performances and motion picture
auditoriums;
(n) Trolley and bus terminals and car and bus
barns.
(o) Fortune teller
establishments;
[391] (p) Tattoo and
body piercing
establishments;
[392] (q) Palm
readers, Tarot Card readers and other related types of so-called psychic
personal services;
[393] (r) Take out
restaurant;
[394] (4) Height
Regulations.
[395] (a) Within the Old
City Residential Area Special District, the maximum height of a building or an
addition to an existing building shall be 65 feet above the average ground level
at the base of the structure, provided, that this height restriction shall also
be applicable to:
(.1) Any rooftop parapet wall, mechanical or elevator
penthouse, any mechanical or building support equipment;
(.2) Cable
service equipment of any type including antennae;
(.3) Non-accessory
outdoor advertising signs.
(5) Maximum Building
Width.
[396] (a) The maximum width of
any newly erected building or existing building to which an addition is added
which increases the building's street frontage after the effective date of
this Section shall comply with the following building width
requirements:
(.1) Buildings or portions of buildings shall be
constructed so that the total width of the building at its widest point measured
on a line parallel with the street does not exceed 70 feet.