AN ORDINANCE Amending Title 14 of The Philadelphia Code, entitled Zoning and Planning, by amending Section 14-203, entitled Definitions, and by amending Chapter 14-500, entitled Overlay Zoning Districts, to add a new Section 14-516, entitled /UED Urban Experiential Display Overlay Control District, all under certain terms and conditions. THE CITY COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Title 14 of the Philadelphia Code is hereby amended to read as follows: TITLE 14. ZONING AND PLANNING * * * CHAPTER 14-200. DEFINITIONS * * * 14-203. Definitions. * * * (345.1) Urban Experiential Display. An Urban Experiential Display (UED) is a form of Digital Display as defined at 14-203(94.1) that shall be aesthetically designed to enhance the commercial corridor where it is located and formatted to exhibit full motion video or animation by the use of lighting or otherwise to depict movement or animation or to create a special effect or scene that may include intermittent, scrolling, or changes in illumination that shall vary in intensity given ambient light level. A UED may also include Embellishments or Embellished Area areas, special effects elements, or structures that extend beyond the face of the UED and UED structure, or wall or structure to which it is attached, and may include two- and three dimensional features. * * * CHAPTER 14-500. OVERLAY ZONING DISTRICTS * * *
14-516. /UED Urban Experiential Display Overlay Control District (1) Purpose. (a) /Urban Experiential Display /UED Overlay districts are intended to encourage the orderly development, placement, and usage of two and three-dimensional digital accessory, non-accessory and public service displays in accordance with an approved master plan, including placement on City sidewalks and rights-of-way, and to preserve the integrity of commercial areas and abate or reduce any detrimental impacts to residential areas and uses. (2) Applicability. (a) The /UED Overlay Control District, as shown on the /UED Overlay District map set forth below for illustrative purposes only, beginning at its northwest boundary and proceeding east, and including both sides of all included and bordering streets, is the area bounded by Arch Street to N. 15 th Street; N. 15 th Street to Race Street; Race Street to N. Juniper Street; N. Juniper Street to Arch Street; Arch Street to N. 12 th Street; N. 12 th Street to Chestnut Street; Chestnut Street to S. Juniper Street; S. Juniper Street to Locust Street; Locust Street to S. 15 th Street; S. 15 th Street to Chestnut Street; Chestnut Street to S. 20 th Street; S. 20 th Street through to N. 20 th Street to Arch Street at the point of beginning.
(b) Urban Experiential Displays are permitted only within District Boundaries set forth in 14-516(2)(e). Boundaries should be so designated to afford a reasonable line of division between the district and adjacent uses consistent to carry out the purposes and scope of the Zoning Code. The Plan of Development required pursuant to 14-516(4) herein should also provide for reasonable, compatible
spatial relationships between buildings that are situated on the periphery of the district and abutting non-ued district areas. (c) (d) (e) Municipal Property. (.1) Urban Experiential Displays are permitted on municipal property, subject to the provisions of 14-516 herein. (.2) For the purposes of this section, municipal property is defined as any land, building, or structure (i) that is owned by the City; or (ii) in which the City possesses rights sufficient to permit it to authorize the placement of Urban Experiential Displays on such land, building, or structure. Within the /UED Overlay Control District, Urban Experiential Displays are only permitted in the base Zoning Districts of CMX-4 and CMX-5 Commercial Zoning Districts. District Boundaries. Within the /UED Overlay Control District, Urban Experiential Displays are only permitted in the following specific Area Boundaries as shown on the /UED Overlay District maps for illustrative purposes only: (.1) Convention Center Area Boundary: On the east side of North Broad Street, between Arch Street and Race Street. (.2) Reading Terminal Area Boundary: On the west and east sides of North 12 Street, between Arch Street and Filbert Street. (.3) Avenue of the Arts Area Boundary: On the west and east sides of South Broad Street between Locust Street and Walnut Street. (3) Sign Regulations.
(a) Urban Experiential Displays is defined at defined at 14-203(345.1). (b) (c) (d) (e) (f) (g) (h) (i) Accessory and non-accessory Urban Experiential Displays are permitted, notwithstanding Accessory and Non-Accessory Sign controls contained within this Chapter. Urban Experiential Displays are not subject to the Accessory, Non- Accessory, and Digital Display sign controls of this chapter. Uses are allowable in /UED Districts (as to the underlying Zoning Districts) in accordance with Table 14-602-4. Regulated uses (see, 14-603(13) (Regulated Uses)) are not allowable unless otherwise expressly stated. Urban Experiential Displays are considered a use and a structure; however Urban Experiential Displays are permitted as multiple principal or accessory uses and structures on a single lot in the /UED Districts Urban Experiential Display is a digital display as defined at 14-203(345.1) but which has an active digital display area that exceeds 1500 square feet, and is either freestanding or projects from a wall face more than 6 inches. Gross Floor Area. The spatial area of an Urban Experiential Display is not considered gross floor area. Lot Coverage. The spatial area of an Urban Experiential Display is not considered lot coverage. Yards. Front, side, and rear yard setbacks shall not apply to Urban Experiential Display in the UED district. (j) Separation Requirements. (.1) No Urban Experiential Display shall be located within 900 feet of another Urban Experiential Display. (.2) The separation distance shall be the distance measured from the shortest imaginary line between the closest edges of any existing or permitted Urban Experimental Display. (.3) Multiple Urban Experiential Displays are not permitted on a single lot.
(k) (l) Height. A Urban Experiential Display shall not exceed a height of 58 feet to the top of its structure as measured from the grade of the paved cartway to which it is intended to viewed Projections and Encroachments. (m) Distance Requirements. (.1) Urban Experiential Displays are permitted to project over, or encroach upon, a city sidewalk or right-of-way. Such projections and encroachments must be reviewed and approved by the Streets Department. (.2) This section does not eliminate the need for an Ordinance by City Council that is otherwise required to authorize a projection or encroachment where applicable. (.3) No UED which is attached to existing structure shall create a full or partial obstruction from any existing windows contained on the structure prior to the application for a construction permit for a UED. No Urban Experiential Display shall be located within the following: (.1) 500 feet of the Benjamin Franklin Parkway, the Vine Street Expressway, Route 76, Route I-95. (.2) 500 feet of the any Residential or SP-OP Zoning District.
(n) (o) An Urban Experiential Display shall have a minimum video display area of 1,500 square feet, and shall be limited to a maximum video display area of 3,500 square feet. Urban Experiential Displays are permitted to be internally illuminated; externally illuminated; have digital display; have video display or projections; contain scrolling, continuous, intermittent, flashing, illumination, animation, video and audio streaming messages, displays, colors, figures and the like, flashing; have live video and audio feed; have changeable copy, messages and display; have interactive display video and audio; be mechanically revolving, and/or moving horizontally and/or vertically, or have the appearance of such. (p) (.1) An Urban Experiential Display may be operated between the hours of 6:00 am to 12:00 am or at other time periods approved by City Planning Commission in a Plan of Development in accordance with 14-516(4). (.2) Primary illumination of the Urban Experiential Display shall be internal and shall use ambient light sensors to automatically reduce the intensity of the illumination during periods of darkness. (q) The intensity of the luminance of an Urban Experiential Display shall not exceed a maximum of 7,500 nits and shall not exceed 0.3-foot candles of light above the ambient light levels. (r) (s) The luminance of an Urban Experiential Display shall be measured by a lighting professional against a white screen displayed on the Urban Experiential Display in plain view from a distance of 250 feet perpendicular to the Urban Experiential Display by using a properly calibrated light metering device held at a height of 5 feet. The operator of an Urban Experiential Display shall not permit communication copy on the UED that utilizes a background color, defined as the color of the communication copy behind the graphics, images, and logos occupying more than 50% of the sign face that is RGB Color 255, white.
(t) Each Urban Experiential Display shall be formatted and programmed to provide the following categories of communication: (.1) City of Philadelphia communication at a minimum of 8% of the operational hours of the Urban Experiential Display. (.2) Federally registered non-profit organizations chosen by the Center City District at a minimum of 8% of the operational hours. (.3) A minimum of 11% of the operational hours of the Urban Experiential Display shall be allocated at all times to Originally Created Content. (.4) Originally Created Content shall not include any commercial messaging. Originally Created Content is defined as, and is intended to be time sensitive information and infotainment, that is relevant to the public that lives, works, and visits the City of Philadelphia. Originally Created Content shall be time sensitive and shall be updated at a minimum of once every seventy-two hours. No piece of Originally Created Content shall appear more than once every thirty days. Examples Originally Created Content may include, but shall not be limited to, the following: (.a) local, regional, and national news (.b) local, regional, and national weather (.c) local, regional, and national financial information (.d) entertainment information such as television, movie, theatrical, and book reviews (.e) food and restaurant information including reviews, cooking tips, and recipes (.f) technology advancements and reviews (.g) travel destination information and destination compilations, i.e., top Beach destinations (.h) local and regional job information including employment opportunities in the Philadelphia Region (u) (.5) National Amber Alert System displays and messages as the National Amber Alert System provides such alerts that are applicable to the locations of each UED. Each UED shall be designed and constructed utilizing a minimum of three types of Visual Communication Technology. Visual Communication Technology may include but shall not be limited to the following types: (.1) Dual In-Line Packaged
LED (.2) LED Surface Mount Diode
(.3) Chip On Board LED (.4) Fiber Optic LED (.5) Internally Illuminated Lexan (.6) Intense Pulsed Light technology (.7) Outdoor Projection Technology (.8) Outdoor Projection Video-Mapping Technology (.9) Holographic Technology (.10) 3D Holographic Technology (v) (w) Each UED operator shall be required to invest a minimum of $2,000,000.00 into the physical construction of each UED (Minimum Investment). This Minimum Investment shall not include items not part of the physical construction such as design, concept, and engineering costs. The operator of an Urban Experiential Display on municipal property shall have entered into a written agreement with the City that sets forth the operation requirements and conditions of the installation and operation of the Urban Experiential Display on municipal property, which agreement shall be subject to the approval of City Council when required under 8-201 of the Charter (relating to concessions) or any other section of the Charter. (4) Plan of Development. (a) For all properties located within promulgated District Boundaries with 14-516(2)(e), no zoning permits for Urban Experiential Displays shall be issued unless: (.1) The applicant shall have first submitted to the City Planning Commission, and the City Planning Commission shall have approved, a Plan of Development, which shall be approved by the Commission only if the Commission, in its discretion, has determined that the Plan of Development provides for development appropriate in scale, density, character and use for the surrounding community. (.2) The applicant shall submit to the City Planning Commission as part of the Plan of Development executed agreements between the Applicant and one or more non-profit community organizations that promote, maintain, and reinvest into the Councilmanic district in which the UED is to be constructed. The total annual financial consideration per UED shall be $125,000 per annum in the Base Year and shall increase in amount not less than four percent (4%) per annum. The Base Year shall be calendar year 2015. (.2) The Planning Commission determines that the requested permits are in conformity with the approved Plan of Development.
(b) (c) (d) If the Planning Commission fails to approve, disapprove, conditionally approve or table a proposed Plan of Development within seventy-five (75) days after submission or complete plans to the Commission, the approval of the Commissions shall be presumed The Planning Commission shall promulgate regulations setting forth the Plan of Development submission requirements, and its review criteria. The approval or disapproval of a Plan of Development by the Commission shall constitute the final decision of the City on the proposal, and may be challenged by direct appeal to the Court of Common Pleas; provided that any applicant may pursue a request to the Zoning Board of Adjustment for a variance, pursuant to 14-303(8) (Zoning Variances). (5) Art Commission. (6) Department of Licenses & Inspections. (1) Chapter 14-900 Signs does not apply to Urban Experiential Displays that are regulated by 14-516, et al., including requirements for Art Commission approval where otherwise applicable under Chapter 14-900. (2) Urban Experiential Displays are subject to Art Commission approval, pursuant to 5-903(1) of the Philadelphia Home Rule Charter, where applicable. (1) The Department of Licenses and Inspections (L&I) shall state on the City s website the application materials required by L&I to review an UED application for compliance with this Zoning Code. If upon review of an application, L&I determines that the application does not contain all of the required materials, L&I shall inform the applicant of the additional materials necessary to demonstrate compliance with this Zoning Code. (2) Pursuant to 14-103(3)(h) L&I is authorized to promulgate such regulations as are necessary and appropriate to implement the provisions of the Zoning Code, produce any administrative manual or any other advisory publication necessary to implement the review and approval of an Zoning Permit Application for a UED. SECTION 2. This Ordinance shall take effect immediately.