§14-231. Residential District Rules and Exceptions.
(1) Courts in "R-1," "R-1A," "R-2," "R-3," "R-4," "R-5,"
"R-5A," "R-6," "R-7," "R-8," "R-9," "R-9A," "R-10," "R-10A," "R-10B," "R-17,"
"R-18," and "R-19" Residential Districts. The minimum width of an open court
between wings of a building shall be twelve (12) feet. The least dimension of an
inner court shall be eight (8) feet. Minimum area for such court shall be one
hundred (100) square feet. Such courts of less area than three hundred (300)
square feet shall not be permitted for any building used for dwelling purposes,
except when used as vent
shafts.
[69] (2) Ornamental Towers and
Belfries except in "RC-4"
Residential.
[70] (a) Monuments,
belfries, cupolas, minarets, pinnacles, church gables, spires, or ornamental
towers not for human occupancy shall not be considered part of the "height of a
building" or "gross floor area" as used in the regulations for residential
districts.
(b) Towers of mechanical or structural necessity shall not
be considered a part of the "height of the building" or "gross floor area" as
used in the regulations for residential districts except where the area of such
towers exceed 20% of the ground floor level of the building of which they are a
part, in which case they shall be considered a part of the "height of the
building" and the "gross floor area" in the same manner as any other
part.
(3) Fire Escape. Open work fire escapes are permitted when
required by law and shall not be considered as reducing the open area
required.
(4) Fences. Fences shall be permitted in residential districts
to the extent herein provided:
(a) Intermediate
Lots.
(.1) Front. Any fence located nearer to the lot line than the
required building set-back, or the actual distance of the building from the lot
line (whichever is greater), shall be no more than three and one-half feet in
height;
(.2) Side and Rear. Fences in the rear, or at the side
(located further from the front lot line than the required building set-back or
the actual distance to the building from the front lot line) may be no more than
six feet in height.
(b) Corner Lots.
(.1) Any side of a
building facing a street shall be considered in the same fashion as a front of
an intermediate lot for purposes of permitting fences. Other sides of said
building shall be considered in the same fashion as the side and rear of an
intermediate lot for purposes of permitting fences.
(c) Retaining
Walls. Retaining walls shall be considered as fences and controlled under this
paragraph to the extent that such walls protrude above the actual ground level
at the highest point of such walls. This paragraph shall not be applicable to
any retaining wall required by the provisions of any section of The Philadelphia
Code, or regulations promulgated thereunder.
(5) Street Frontage
Requirements.
(a) Single Family and Duplex Dwellings. Any lot upon
which a single family or duplex dwelling is erected after the effective date of
this ordinance shall have a street frontage not less than two-thirds of the
minimum lot width required for the district.
(b) Multiple Dwellings and
Buildings Other than Dwellings. Any lot upon which a multiple dwelling or
building other than a dwelling is erected after the effective date of this
ordinance shall have a street frontage not less than two-thirds of the width of
the lot at its widest point.
(6) Separate Buildings. See §
14-102(46).
(7) Decks and Patios.
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Decks and Patios shall be permitted only in accordance with the following
requirements:
(a) A deck or patio may not be enclosed by a fence more
than forty-two (42) inches in height;
(b) Front yard: Any deck or patio
shall be prohibited between the street line and the front wall of any
building;
(c) Side yard: Any deck or patio shall be
prohibited;
(d) Rear yard: Any deck or patio may be permitted between
the rear wall and the rear property line of any building and shall not be
considered as occupied area, provided the following conditions are
met;
(.1) Roof, walls, stairs. No deck may be enclosed by walls and/or
a roof above the usable surface of the deck, nor enclosed by walls below the
usable surface. Stairs from the ground level to the deck shall not be
permitted;
(.2) Access to garage. No patio or deck shall be
constructed and/or located so as to prevent vehicular access to any existing
garage whether or not the garage is providing required off street parking for
use of the lot;
(.3) Minimum distance from the driveway and/or rear
property line. Any deck or patio shall be constructed so that it is no closer at
any point than three (3) feet from the edge of any driveway and/or rear property
line serving two or more lots;
(.4) Minimum distance from lot lines.
Any deck or patio shall be constructed so that all vertical support elements are
located a minimum distance of one (1) foot, six (6) inches from all lot
lines.
(8) Wireless
Telecommunications.
[72] (a) In "R-2,"
"R-3," "R-4," "R-5," "R-5A," "R-6," "R-7," "R-8," "R-9," "R-9A," "R-10,"
"R-10A," "R-10B," "R-14," "R-15," "R-16," "RC-2," "RC-3," and "RC-4," Wireless
Service Facilities (Facilities) shall be prohibited except with the granting of
a Zoning Board of Adjustment Special Use Permit, provided that all of the
following conditions have been met, further provided that antennas to be placed
on an existing structure which is not located on a lot containing a one or two
family dwelling shall be permitted:
(.1) Distance from Residential
Dwelling Units. Newly erected Facilities shall not be located within 500 feet of
a lot line of any residential dwelling unit, provided that where a fall zone of
greater than 500 feet is required the greater full zone distance shall
apply;
(.2) Minimum Lot Size. The minimum lot size for a newly erected
Facility shall be 2000 square feet;
(.3) Yard Requirements. Buildings
and structures which are part of a newly erected facility shall conform to the
minimum yard, set-back, and height (excluding antennas and antenna towers or
support structures) requirements of the individual district in which they are
located;
(.4) Screening.
(.a) Around any newly erected
Facility, a continuous evergreen screen shall be required. The screen can be
either a hedge or a row of evergreen trees. The evergreen screen shall be a
minimum of 6 feet in width with a minimum height of 6 feet at plating, and shall
have the potential to grow to a minimum of 15 feet at
maturity;
(.b) Any auxiliary structure, building or equipment
accessory to antennas placed on an existing structure which is not located
within the existing structure shall be screened with materials compatible with
the existing structures, buildings or equipment at the time of
planting;
(.c) The specimen of vegetation to be planted shall be
selected from a list of trees recommended by the Fairmount Park Commission and
the City Planning Commission. Provided, that if the Planning Commission
determines that existing structures,
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buildings, vegetation, topography, or other natural features achieves the same
level of screening as required above and informs the Department of Licenses and
Inspections in writing of this finding, the requirements of this paragraph may
be modified or not applied;
(.5) Height Limit. In districts with a
maximum height limit of 35 feet service towers whether built on the ground or on
the roof of an existing building may not exceed 60 feet in height above the
average ground level at the base of the tower or building, provided, in all
other districts the maximum height limit of service towers whether built on the
ground or on the roof on an existing building shall be the height limit of the
district in which they are located;
(.6) 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 above average ground level at
its highest point;
(.7) Fencing. Unless the tower is located on an
existing building, the Facility shall be completely enclosed by a six (6) foot
high chain link or similar fence, provided, the entire fence shall be located
behind the required landscape screen and the required
set-back;
(.8) Guy Wires. All guy wires and all guyed towers shall be
clearly marked so as to be visible at all times and all guy wires shall be a
minimum 10 feet from a property line of the facility,
and;
(.9) Lighting. All lighting, other than required by the
FAA,
[74] shall be shielded and reflected from
adjoining properties.
(9) Anything to the contrary notwithstanding in
paragraph (8) above, from the date of enactment of this Ordinance until October
20, 1996 there shall be a moratorium on the construction of new wireless service
towers on any residentially zoned property or the construction of a wireless
service antenna on any existing residence which is the lesser of 4 stories or 52
feet in height.
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