Zoning Code for RSA-3 Districts
RSA-3 districtsare primarily intended to accommodate attached and semi-detached houses on individual lots, but may be applied in areas characterized by a mix of housing types, including detached houses.
Single-family dwellings do not require zoning approval. Other uses require eithera use registration permitfrom the Department of Licenses and Inspection ora special exceptionora variancefrom the Zoning Board of Adjustment. Uses not mentioned require a variance. Properties must also conform to specific dimensions listed. Otherwise, you must obtain a variance. If you have any questions, please feel free tocontact an experienced zoning attorney.
Household Living
Household Living is defined as “Residential occupancy of a building or any portion thereof by one or more families. When a household living use is rented, tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential; they are considered a form of lodging.”
Single Familydoes not require zoning approval.
Single Family is defined as “The use of a lot as a residence for one family.”
Two-Familyrequiresa variance.
Two Family is defined as “The use of a lot as a residence for two families with each family occupying a single dwelling unit.”
Multi-Familyrequiresa variance.
Multi-Family is defined as “The use of a lot as a residence for three or more families with each family occupying a single dwelling unit.”
Group Living
Group Living is defined as “Residential occupancy of a building or any portion thereof that is not categorized as a household living use and that typically provides communal kitchen/dining facilities. Examples of group living uses include, but are not limited to, fraternities, sororities, group homes, and temporary overnight shelters.”
Personal Care Homerequiresa special exception.
Personal Care Home is defined as “Any premises in which food, shelter, and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency, or medication prescribed for self-administration.” Where the Pennsylvania Department of Public Welfare requires, personal care homes must comply with 55 Pa. Code Chapter 2600.
Single-Room Residencerequiresa variance.
Single-Room Residence is defined as “A building containing rooms rented as living quarters without private bathrooms. Examples include dormitories, rooming houses, and supported independent living.”
This category includes uses that may occur on land that has been identified for parks and recreation uses open to the public or to be left in a generally natural state.
Passive Recreationrequiresa use registration permit.
Passive Recreation is defined as “Recreational facilities associated with pastimes that are incidental to natural open space. These facilities require minor land development, require minimal maintenance, and have little impact on natural open space.”
Active Recreationrequiresa special exception.
Active Recreation is defined as “Recreational facilities that require major land development, structure construction, and a moderate- to high-level of maintenance and can accommodate large groups of people.”
Public, Civic, and Institutional Uses includes public, quasi-public, and private uses that provide unique services that are of benefit to the public as a whole.
adult care
Adult Carerequires a variance.
Adult Care is defined as “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.”
Day Care
Day Care is defined as “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, latch key programs, and adult daycare programs.” Care given by guardians or relatives of the children or adults is not regarded as day care, nor is care given away from the primary residence of the children or adults by babysitters or caregivers for fewer than 10 hours per week.
Family Day Carerequiresa use registration permit.
Family Day Care is defined as “The provision of care within the day care provider’s primary residence for children who are not relatives of the provider.” A Family Day Care is limited to providing care to six or fewer children, except in certain areas where they are limited to providing care to four or fewer children. A Family Day Care must be located in a residential dwelling operated by the resident of the dwelling.
Group Day Care requires a variance.
Group Day Care is defined as “The provision of care in a facility that is not the day care provider’s primary residence for up to 12 children or 12 adults who are not relatives of the provider.”
Day Care Centerrequiresa variance.
Day Care Center is defined as “The provision of care in a facility that is not the day care provider’s primary residence for 13 or more adults or 13 or more children who are not relatives of the provider.”
community center
Community Centerrequires a variance.
Community Center is defined as “space used for cultural, educational, recreational, or civic engagement purposes; owned and operated by a public agency or not for profit organization; and open to the general public” but not including “the following types of establishments, provided that 50 or more people congregate at such establishment primarily for social entertainment purposes at one or more times during the course of any year: (.1) nightclubs, discotheques and cabarets; (.2) taverns and bars; (.3) restaurants; (.4) private clubs; (.5) banquet halls; and (.6) similar places of assembly without primarily fixed seating.”
Educational Facility
Educational Facilityrequiresa special exception.
Educational Facility is defined as “Public and private schools at the primary, elementary, junior high, or high school level that provide basic education; or Colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree.”
Fraternal Organization
Fraternal Organizationrequiresa special exception.
Fraternal Organization is defined as “The use of a building or lot by a not-for-profit organization that restricts access to its facility to bona fide, annual dues-paying members and their occasional guests. Banquet rooms and the preparation and serving of food and beverages and occasional live entertainment are uses and activities in association with fraternal organizations.”
Hospital
Hospitalrequiresa special exception.
Hospital is defined as “Uses providing medical or surgical care to patients and offering inpatient (overnight) care.”
Library or Cultural Exhibit
Library or Cultural Exhibitrequiresa special exception.
Library or Cultural Exhibit is defined as “Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books, manuscripts, and similar materials for study and reading.”
Religious Assembly
Religious Assemblyrequiresa use registration permit.
Religious Assembly is defined as “Religious services involving public assembly that customarily occur in synagogues, temples, mosques, churches, and other facilities used for religious worship.” Religious Assembly must be in a completely enclosed detached building.
Safety Services
Safety Servicesrequirea use registration permit.
Safety Services is defined as “Establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles.”
Transit Station
Transit Stationrequiresa use registration permit.
Utilities and Services
Basic Utilities and Servicesrequirea special exception.
Basic Utilities and Services is defined as “Public and quasi-public facilities and services that need to be located in the area where the service is to be provided, such as water and sewer pump stations; electrical transforming substations; wind energy conversion systems; solar collector systems; water conveyance systems; gas regulating stations; stormwater facilities and conveyance systems; telephone switching equipment; emergency communication warning/broadcast facilities; and central heating facilities.”
Major Utilities and Servicesrequirea variance.
Major Utilities and Services is defined as “Infrastructure services that have substantial land use impacts on surrounding areas. Typical uses include but are not limited to water and wastewater treatment facilities, major water storage facilities and electric generation plants.”
Wireless Service Facility
Wireless Service Facilityrequiresa special exception.
Wireless Service Facility is defined as “Towers, antennas, equipment, equipment buildings, and other facilities used in the provision of wireless communication services.” Freestanding towers must meet the requirements of §14-603(16) of the new Zoning Code. Building- or tower-mounted antennas must meet the requirements of §14-603(17).
Office Uses includes uses in an enclosed building, customarily performed in an office, that focus on providing executive, management, administrative, government, professional, or medical services.
Business and Professional
Business and Professionalrequiresa variance.
Business and Professional is defined as “Office uses for companies and non-governmental organizations. Examples include corporate office, law offices, architectural firms, insurance companies, and other executive, management, or administrative offices for businesses and corporations.”
Medical, Dental, Health Practitioner
Medical, Dental, Health Practitioner is defined as “Office uses related to diagnosis and treatment of human patients’ illnesses, injuries, and physical malfunctions that can be performed in an office setting with no overnight care. Surgical, rehabilitation, and other medical centers that do not involve overnight patient stays are included in this subcategory, as are medical and dental laboratories, unless otherwise indicated.”
Sole Practitionerrequiresa variance.
Sole Practitioner is defined as “An office exclusively operated by one medical, dental, or health practitioner and having no more than one assistant regularly-employed there-in.”
Group Practitionerrequiresa variance.
Group Practitioner is defined as “A medical, dental, or health practitioner office that does not meet the definition of a sole medical, dental, and health practitioner.”
Government
Governmentrequiresa variance.
Office uses related to the administration of local, state, or federal government services or functions.
Retail Sales includes uses involving the sale, lease, or rental of new or used goods to the ultimate consumer. It must be in an enclosed structure unless the code states otherwise.
Consumer Goods
Consumer Goodsrequiresa variance.
Consumer Goods is defined as “Uses that sell or otherwise provide furniture, appliances, equipment, and similar consumer goods, large and small, functional and decorative, for use, entertainment, comfort, or aesthetics.”
Drug Paraphernalia
Drug Paraphernalia Storerequiresa variance.
Drug Paraphernalia Store is defined as “Any retail store selling paraphernalia commonly related to the use of any drug or narcotic of which the sale, use or possession is subject to the provisions of “The Controlled Substance, Drug, Device and Cosmetic Act,” 1972, April 14, P.L. 233, No. 64, 51 et seq., 35 P.S. Section 780-101 et seq., including, but not limited to, water pipes, pipe “screens,” hashish pipes, “roach” clips, “co*ke” spoons, “bongs,” and cigarette rolling paper, except that this term does not include the sale of cigarette rolling paper by a store that also sells loose tobacco or the sale by prescription of implements needed for the use of prescribed drugs or narcotics.”
Gun Shop
Gun Shoprequiresa variance.
Gun Shop is defined as “Any retail sales business engaged in selling, leasing, purchasing, orlending of guns, firearms, or ammunition.”
Food, Beverages, and Groceries
Food, Beverages, and Groceriesrequiresa variance.
Food, Beverages, and Groceries is defined as “Uses that sell or otherwise provide food or beverages for off-premise consumption, including grocery stores and similar uses that provideincidental and accessory food and beverage service as part of their primary retail sales business.”
Pets and Pet Supplies
Pets and Pet Suppliesrequirea variance.
Pets and Pet Supplies is defined as “Uses that sell or otherwise provide household pets and pet supplies.”
Sundries, Pharmaceuticals, and Convenience Sales
Sundries, Pharmaceuticals, and Convenience Salesrequirea variance.
Sundries, Pharmaceuticals, Convenience Sales is defined as “Uses that sell or otherwise providegoods for personal grooming and for the day-to-day maintenance of personal health and well being.”
Wearing Apparel and Accessories
Wearing Apparel and Accessoriesrequiresa variance.
Wearing Apparel and Accessories is defined as “Uses that sell or otherwise provide goods tocover, protect, or visually enhance the human form.”
Commercial Services includes uses that provide for consumer or business services, for the repair and maintenance of a wide variety of products, and for entertainment.
Business Support
Business Supportrequiresa variance.
Business Support is defined as “Uses that provide personnel services, printing, copying, photographic services, or communication services to businesses or consumers. Typical usesinclude employment agencies, copy and print shops, telephone answering services, and photodeveloping labs.”
Eating and Drinking Establishment
Eating and Drinking Establishmentrequiresa variance.
Eating and Drinking Establishment is defined as “Uses that prepare or serve food orbeverages for on- or off-premiseconsumption. Establishments that meet thedefinition of a use classified in the eatingand drinking establishments usesubcategory and that also includeoccasional live entertainment may beclassified as eating and drinking
establishment uses.”
Personal Services
Personal Servicesrequiresa variance.
Personal Services is defined as “Uses that provide a variety of services associated with personalgrooming, personal instruction, and the maintenance of fitness, health, and well-being.”
Visitor Accommodations
Visitor Accommodations requiresa variance.
Visitor Accommodations is defined as “Uses that provide temporary lodging for less than 30 dayswhere rents are charged by the day or by the week or portion thereof and may also provide foodor entertainment primarily to visitors and tourists.”
Commissaries & Catering Servicesrequires a variance.
Commissaries and Catering Services are defined as “uses that prepare food only to be sold or served off-site, provided the use does not meet the definition of an industrial use.”
Urban Agriculture includes uses such as gardens, farms, and orchards that involve the raisingand harvesting of food and non-food crops and the raising of farm animals.
Animal Husbandry
Animal Husbandryrequiresa variance.
Animal Husbandry is defined as “Uses that involve the feeding, housing, and care of farmanimals for private or commercial purposes.” Animal Husbandry is subject to §10-101(8) and§10-112 of the Philadelphia Code regarding farm animals.
Community Garden
Community Gardenrequiresa use registration permit.
Community Garden is defined as “An area managed and maintained by a group of individuals togrow and harvest food crops or non-food crops (e.g., flowers) for personal or groupconsumption, for donation, or for sale that is incidental in nature.” A community garden areamay be divided into separate garden plots or orchard areas for cultivation by one or moreindividuals or may be farmed collectively by members of the group. A community garden mayinclude common areas (e.g., hand tool storage sheds) maintained and used by the group.Community gardens may be principal or accessory uses and may be located on a roof or within abuilding.
Market or Community-Supported Farm
Market or Community-Supported Farmrequiresa use registration permit.
Market or Community-Supported Farm is defined as “An area managed and maintained by anindividual or group of individuals to grow and harvest food crops or non-food crops (e.g.,flowers) for sale or distribution that is not incidental in nature.” Market farms may be principalor accessory uses and may be located on a roof or within a building.
Horticulture Nurseries and Greenhouses
Horticulture Nurseries and Greenhousesrequiresa variance.
Horticulture Nurseries and Greenhouses is defined as “A principal use involving propagation andgrowth of plants in containers or in the ground for wholesale or retail sales and distribution.”
Roof Decksrequirea zoning permit. and must comply with the following rules unlessa varianceis obtained.
Setback
Roof decks must be set backat least five feet from the frontbuilding line. In cases wherethe top story is already setback at least5 feet, theroof deck does not requirean additional setback.
Access Structures (“Pilot Houses”)
Roof deck access structures (known as “pilothouses”) may extend above the maximumheight allowed for the building (see below) if they only serve to enclose theaccess stairs and do not exceed 10 feet inheight.
Railings
Railings are permitted up to 48 inches abovethe midway point between the highest andlowest points of the roof. Railings can extendabove the maximum height allowed for thebuilding (see below).
Buildings which do not comply with these dimensions requirea variance.
Semi-Detached Properties
Semi-detached properties mustbe residential.
Lot Width (Minimum):25 feet
Lot Area (Minimum): 2,250 square feet
Open Area (Minimum): 50 percent
Front Setback: 8 feet
Rear Yard Depth (Minimum):15 feet(Single-Family) || 20 ft.(Other)
Side Yard Width (Minimum):8 feet
Side yards shall comply with the following: a. For lots bounded on only one side by the side or rear yard of a semi-detached or detached structure, any structure must be constructed with a side yard that adjoins that side and that meets this minimum size. b. For lots bounded on both sides by the side or rear yards of semi-detached or detached structures, a semi-detached structure is not permitted. Any detached structure must be constructed as stated in § 14-701(2)(b)[9]. c. For lots that are not bounded on any side by the side or rear yard of a semi-detached or detached structure, any structure must be constructed with a side yard that fully meets this minimum size on either side.
Height (Maximum):38 feet
Detached Properties
Lot Width (Minimum):25 feet
Lot Area (Minimum): 2,250 square feet
Open Area (Minimum): 50 percent
Front Setback: 8 feet
Rear Yard Depth (Minimum):15 feet(Single Family) || 20 feet(Other)
Side Yard Width (Minimum):8 feet per yard ; or 8 feet if corner lot.
For lots bounded on both sides by the side yard of a semi-detached structure, any detached structure must be constructed with a side yard on both sides, each with at least fifty percent (50%) of the minimum semi-detached side yard width required for permitted residential uses.
Height (Maximum):38 feet
