Floor Area, Height, and Dwelling Unit Density Bonuses.
Philadelphia Code § 14-702
in effect§ 14-702. Floor Area, Height, and Dwelling Unit Density Bonuses.
Notes
768 | Caption amended, Bill No. 130274 (approved June 25, 2013); caption amended, Bill No. 170678-AAA (approved October 17, 2018); caption amended, Bill No. 200628 (approved March 29, 2021); caption amended, Bill No. 210075 (approved March 29, 2021).
(1) Purpose.
The intent of the floor area bonus, building height bonus, and dwelling unit bonus provisions are to encourage certain types of development and the creation of specific amenities in the public interest. These floor area, building height, and dwelling unit bonuses shall be available in the areas listed, and in return for the provision of design or amenities listed.
Notes
769 | Amended, Bill No. 161003-A (approved May 8, 2017); amended, Bill No. 200628 (approved March 29, 2021).
(2) Eligibility for Floor Area Bonuses.
In order to be eligible for any floor area bonuses pursuant to this section:
(a) The property must be located in the RM-2, RM-3, RM-4, RMX-1, RMX-2, RMX-3, IRMX, CMX-3, CMX-4, or CMX-5 districts, and property located in those districts shall only be eligible for the bonuses indicated for that district in this § 14-702. 771
(b) If the property is located in the RMX-3, CMX-4, or CMX-5 districts, the property must have frontage on two streets at least 50 ft. wide or three streets at least 20 ft. wide, except for bonuses earned pursuant to § 14-702(7) (Mixed Income Housing) or § 14-702(8) (Transit Improvement), for which these street width requirements shall not apply. 772
(c) Except for bonuses earned pursuant to § 14-702(7) (Mixed Income Housing) or § 14-702(8) (Transit Improvement), if the property is located in the CMX-3 district, it must be located in: 773
(.1) The Center City Commercial District Control Area, described in § 14-502(2)(b)(.29) 774 , provided the property must have frontage on two streets at least 50 ft. wide or three streets at least 20 ft. wide;
(.2) The Old City Residential Area, Bridge Approach, described in § 14-502(2)(b)(.17); or
(.3) An area where the provisions of § 14-513, /TOC Transit Oriented Communities Overlay District apply. 774.1
(d) Projects may use more than one bonus option unless specifically stated otherwise in this section.
(e) Property located in the /CDO overlay district or the /ECO overlay district shall be eligible for floor area bonuses, provided that any bonus category used to earn additional floor area shall not be the same as any bonus category used to earn additional height. 775
Notes
770 | Amended, Bill No. 130274 (approved June 25, 2013).
771 | Amended, Bill No. 170678-AAA (approved October 17, 2018).
772 | Amended, Bill No. 170678-AAA (approved October 17, 2018); amended, Bill No. 260518 (approved June 12, 2026).
773 | Amended, Bill No. 130255-A (approved June 25, 2013); amended, Bill No. 140519-AAA (approved October 27, 2015); amended, Bill No. 170678-AAA (approved October 17, 2018); amended, Bill No. 260518 (approved June 12, 2026).
774 | Enrolled bill read § 14-502(2)(b)(.28); renumbered by Code editor.
774.1 | Amended, Bill No. 260517 (approved June 12, 2026).
775 | Added, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 150505 (approved December 1, 2015); amended, Bill No. 190811-A (approved December 30, 2019); amended, Bill No. 200628 (approved March 29, 2021).
(2.1) Eligibility for Height Bonuses.
In order to be eligible for any height bonuses pursuant to this section,
(a) The property must be located in the /ECO overlay district and be subject to the height restrictions of § 14-519(4)(b);
(b) The property must be located in the /CDO overlay district and be subject to the height restrictions of § 14-507(6)(b); 777
(c) The property must be located in the /RAN overlay district and be subject to the height restrictions of § 14-541(3)(a);
(d) The development must: 778
(.1) Result in the construction of at least three residential dwelling units;
(.2) Meet the conditions of § 14-702(7) by including affordable units on-site in a quantity that satisfies § 14-702(7)(b)(.1); and
(.3) The property must be located:
(.a) In an RM-1 or CMX-2 zoning district; or
(.b) In a CMX-1 zoning district and be subject to a base height limit of 38 ft. or less; or
(e) The property must be located in the /PCH Philadelphia Chinatown Overlay District.
Notes
776 | Added, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 150505 (approved December 1, 2015). Internal reference to § 14-518(4)(b) renumbered by Code editor. Amended, Bill No. 170678-AAA (approved October 17, 2018); amended, Bill No. 210075 (approved March 29, 2021); amended, Bill No. 240421 (approved September 4, 2024); amended, Bill No. 241062-A (approved December 23, 2024).
777 | Amended, Bill No. 210474-AA (approved October 6, 2021).
778 | Amended, Bill No. 210474-AA (approved October 6, 2021).
(2.2) Eligibility for Dwelling Unit Density Bonuses.
In order to be eligible for any dwelling unit density bonuses pursuant to this section, the property must be in an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district.
Notes
779 | Added, Bill No. 170678-AAA (approved October 17, 2018); amended, Bill No. 210075 (approved March 29, 2021).
(3) Floor Area Bonus Options Summary Table.
The following table summarizes the floor area bonus options in this section. In the event of conflict between the provisions of Table 14-702-1 and the text of this Zoning Code, the text shall govern.
Table 14-702-1: Floor Area Bonus Summary 780
{For printable PDF version, click HERE}
Bonus Category | Additional Gross Floor Area, as Percent of Lot Area (see § 14-701(2) (Residential District Dimensional Tables) and § 14-701(3) (Commercial Districts Dimensional Table) for the maximum allowed base floor area ratios for each district.)
RM-2 | RM-3, RMX-1 | RM-4 | RMX-2 | IRMX | RMX-3 | CMX-3 as provided in § 14-702(2)(c) (except in /TOC) | CMX-3 (within /TOC only) | CMX-4 | CMX-5
Public Art (§ 14-702(5)) | N/A | N/A | N/A | N/A | N/A | N/A | N/A | N/A | 50% | 100%
Public Space (§ 14-702(6)) | N/A | N/A | N/A | N/A | N/A | N/A | N/A | Up to 50% | Up to 200% | Up to 400%
Mixed Income Housing (§ 14-702(7)) | Moderate Income | 25% | 50% | 100% | 75% | 150% | 150% | 150% | 200% | 150% | 300%
Low Income | 50% | 75% | 175% | 125% | 250% | 250% | 250% | 300% | 250% | 400%
Transit Improvements (§ 14-702(8)) | N/A | N/A | N/A | Up to 100% | Up to 100% | Up to 100% | Up to 100% | Up to 200% | Up to 200% | Up to 400%
Underground Accessory Parking and Loading (§ 14-702(9)) | N/A | N/A | N/A | N/A | N/A | 100% | N/A | 50% | 200% | 200%
Green Building (§ 14-702(10)) | N/A | N/A | N/A | N/A | N/A | N/A | Up to 100% | Up to 100% | Up to 200% | Up to 400%
Notes
780 | Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 140519-AAA (approved October 27, 2015); amended, Bill No. 170162 (approved July 11, 2017); amended, Bill No. 170498 (approved August 1, 2017); amended, Bill No. 170678-AAA (approved October 17, 2018); amended, Bill No. 260517 (approved June 12, 2026); amended, Bill No. 260518 (approved June 12, 2026).
(3.1) Building Height Bonus Options Summary Table.
The following table summarizes the building height bonus options in this section. In the event of conflict between the provisions of Table 14-702-2 and the text of this Zoning Code, the text shall govern.
Table 14-702-2: Building Height Bonus Summary 782
{For printable PDF version, click HERE}
Bonus Category | Additional Building Height
/CDO | /ECO | /PCH | RM-1, CMX-1, CMX-2, CMX-2.5
Bonus Category | Additional Building Height
/CDO | /ECO | /PCH | RM-1, CMX-1, CMX-2, CMX-2.5
Public Art (§ 14-702(5)) | Up to 12 ft. | Up to 12 ft. | N/A | N/A
Public Space (§ 14-702(6)) | Up to 48 ft. | Up to 24 ft. | N/A | N/A
Mixed Income Housing (§ 14-702(7)) | Moderate Income | Up to 48 ft. | Up to 48 ft. | Up to 24 ft. | 7 ft.
Low Income | Up to 60 ft. | Up to 60 ft. | Up to 36 ft. | 7 ft.
Transit Improvements (§ 14-702(8)) | Up to 72 ft. | Up to 72 ft. | N/A | N/A
Green Building (§ 14-702(10)) | Up to 36 ft. | Up to 36 ft. | N/A | N/A
Trail (§ 14-702(11)) | Up to 72 ft. | N/A | N/A | N/A
Street Extension (§ 14-702(12)) | Up to 72 ft. | N/A | N/A | N/A
Retail Space (§ 14-702(13)) | Up to 36 ft. | Up to 48 ft. | N/A | N/A
Stormwater Management (§ 14-702(14)) | Up to 36 ft. | Up to 72 ft. | N/A | N/A
Through-Block Connection (§ 14-702(15)) | N/A | Up to 48 ft. | N/A | N/A
Notes
781 | Added, Bill No. 130274 (approved June 25, 2013).
782 | Amended, Bill No. 150505 (approved December 1, 2015); amended, Bill No. 160526 (approved June 28, 2016); amended, Bill No. 170498 (approved August 1, 2017); amended, Bill No. 170678-AAA (approved October 17, 2018); amended, Bill No. 190811-A (approved December 30, 2019); amended, Bill No. 241062-A (approved December 23, 2024); amended, Bill No. 260518 (approved June 12, 2026).
(4) Maximum Floor Area and Height Bonus Amounts.
(a) If the property is located in the RMX-3 district, the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to one hundred percent (100%) of the lot area.
(b) If the property is located in the CMX-3 district, the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to two hundred fifty percent (250%) of the lot area. 784
(c) If the property is located in the CMX-4 district, the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to seven hundred percent (700%) of the lot area.
(d) If the property is located in the CMX-5 district the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to eight hundred percent (800%) of the lot area.
(e) If the property is located in the CMX-5 district, and is included in the Center City/University City Floor Area Ratio area (see § 14-701(3) (Commercial Districts Dimensional Table), the bonuses in this § 14-702 may be used in combination to earn additional floor area ratio up to one thousand two hundred percent (1,200%) of the lot area. 785
(f) All bonus floor area earned pursuant to this section must be used so that the property (a) complies with all dimensional standards applicable to the property (other than maximum gross floor area or floor area ratio) in § 14-701 (Dimensional Standards), including without limitation the maximum height for the property established in that section, and (b) complies with all other provisions of this Zoning Code, unless a specific exception to one or more of those requirements is listed in this Zoning Code.
(g) All bonus height earned pursuant to this section must be used so that the property (a) complies with all dimensional standards applicable to the property (other than maximum height) in § 14-701 (Dimensional Standards), including without limitation the maximum gross floor area or floor area ratio for the property established in that section, and (b) complies with all other provisions of this Zoning Code, unless a specific exception to one or more of those requirements is listed in this Zoning Code. 786
(h) The height bonuses in this § 14-702 may be used in combination to earn up to: 787
(.1) 156 ft. of building height in the /CDO overlay; 788
(.2) 84 ft. of building height in the area of the /ECO overlay bounded by 2nd Street, Spring Garden Street, 9th Street, Callowhill Street, 7th Street, Willow Street, American Street, and Noble Street; 789
(.3) 240 ft. of building height in the area of the /ECO overlay bounded by 2nd Street, Noble Street, American Street, Willow Street, 7th Street, and Callowhill Street; and 790
(.4) 60 ft. of building height in the /PCH overlay.
(i) Notwithstanding the foregoing, any bonuses earned through § 14-702(7) (Mixed Income Housing) shall not apply toward, and may exceed, these maximum floor area and height bonus amounts. 791
Notes
783 | Amended, Bill No. 130274 (approved June 25, 2013).
784 | Amended, Bill No. 120774-A (approved January 14, 2013).
785 | Amended, Bill No. 140009 (approved March 31, 2014).
786 | Added, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 150505 (approved December 1, 2015).
787 | Added, Bill No. 150505 (approved December 1, 2015); amended, Bill No. 241062-A (approved December 23, 2024).
788 | Amended, Bill No. 190811-A (approved December 30, 2019).
789 | Amended, Bill No. 160920 (approved December 20, 2016).
790 | Amended, Bill No. 160920 (approved December 20, 2016).
791 | Added, Bill No. 170678-AAA (approved October 17, 2018).
(5) Public Art.
The bonus for public art is a mechanism to expand and enrich the public's experience and enjoyment of buildings and public space and to create buildings and public space that is designed and executed with diverse and high quality materials, activities, and furnishings. In order to comply with this subsection, all of the following conditions must be met:
(a) Qualifying Criteria.
(.1) Qualifying Items.
The items or programs provided to earn this bonus must meet the definition of "On-site Public Art" or "On-site Cultural Programming" in Chapter 14-200 (Definitions). It is not the intention of these requirements to allow decorative, ornamental, or functional elements of the building or public space that are not designed by an artist and created specifically for the site, nor to have landscaped areas or other furnishings or elements required by this Zoning Code, to qualify as part of the public art requirement.
(.2) Commercial Activity Does Not Qualify.
Items, functions, and events for which an admission, viewing, or participation fee is charged, such as theatrical productions, movies, commercial art galleries, exhibits of items for sale; or that are primarily designed to advertise or promote a commercial good or service, do not satisfy the requirements of this § 14-702(5) (Public Art).
(.3) Location.
Public art shall be located upon the building or within public spaces created to meet the requirements of § 14-702(6) (Public Space), § 14-702(8) (Transit Improvements), or § 14-702(9) (Underground Accessory Parking and Loading). Public art may be provided within the public sidewalk if authorization from the City is obtained and if the public art does not impair pedestrian movement within the sidewalk.
(.4) Cost.
The applicant shall provide public art at an amount equal to at least one percent (1%) of hard construction costs.
(.5) Agreement and Financial Security.
In order to expedite the development review and approval process, an applicant for a floor area bonus pursuant to this § 14-702(5) may sign an agreement with the Art Commission committing to provide, install, and endow public art as required by this § 14-702(5) and posting financial security at least equal to the cost of the required public art pursuant to § 14-702(5)(a)(.4) (Cost) above. After signing an agreement in a form acceptable to the City and posting financial security in a form acceptable to the City, the applicant shall be deemed to have satisfied the requirements of this § 14-702(5) (Public Art) subject to all other requirements of this § 14-702 (Floor Area Bonuses).
(.6) Establishment of Endowments.
The method of establishment of an endowment of a trust or other legally binding mechanism to permanently fund cultural programming to meet the requirements of this section shall be approved by the Art Commission.
(b) Approval Criteria.
(.1) In order to meet the requirements of this section, the applicant must have the proposed artist(s), and all public art and/or proposal for cultural programming approved either by the Art Commission, pursuant to its standard review and approval procedures, or through an Art Selection Committee established pursuant to § 14-702(5)(c) (Art Selection Committee).
(.2) The Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant, shall have the final approval of the artist and all public art submitted to meet the requirements of this § 14-702(5)(b) (Approval Criteria).
(.3) The Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant, may, upon request of the applicant, assist in the selection of an artist or artists for the project and/or the selection of an arts coordinator for the project.
(.4) Final determination as to what items, works, materials, media, infrastructure, support services, etc., qualify as public art or as part of the cost of public art, shall rest with the Art Selection Committee or the Art Commission, depending on the manner of review and approval chosen by the applicant.
(c) Art Selection Committee.
(.1) If the applicant chooses to use an Art Selection Committee, it shall consist of five members all of whom shall conform to one or more of the following criteria. At least two members of the committee shall be practicing artists from the visual or performing arts disciplines. All of the remaining members of the committee shall be either (i) an art educator from an accredited college or university, or (ii) a public arts administrator, or (iii) a curator of an institution of art, or (iv) a registered architect or landscape architect, but no more than one of the remaining members may be from each of those disciplines.
(.2) Upon the submission of an Art Selection Committee for review by L&I, the applicant shall also submit the list for proposed committee members to the Art Commission. The Art Commission shall then have 30 days to review the qualifications of proposed committee members and to advise L&I in writing as to its recommendations regarding the qualifications and composition of the committee.
(d) Bonus Floor Area or Building Height. 792
The additional gross floor area or building height earned for providing public art is:
Additional Gross Floor Area, as Percent of Lot Area | Additional Building Height
CMX-4 | CMX-5 | /CDO | /ECO
50% | 100% | 12 ft. | 12 ft.
Notes
792 | Amended, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 150505 (approved December 1, 2015).
(6) Public Space.
The public space bonus may be earned by providing (1) open space, public parks, or public plazas or (2) a public room. Public open space, public parks or public plazas provided to earn a floor area or height bonus shall count towards the required open area. Public space provided to earn a floor area or height bonus under this subsection shall not be counted toward a public art requirement unless it is designed by an artist and is approved through the public art process in § 14-702(5) (Public Art).
(a) Qualifying Criteria for Open Space, Public Parks, and Public Plazas.
A floor area bonus or height bonus may be earned by providing open space, public parks, or public plazas, provided they meet the following qualifying standards:
(.1) The space shall be open to the sky, except for arbors and trellises.
(.2) The space shall include a minimum of 5,000 sq. ft. of contiguous area.
(.3) The space shall meet all public access design and engineering requirements for areas required to be accessible to those with physical impairments under the Americans with Disabilities Act and any implementing regulations adopted by the City.
(.4) No more than fifty percent (50%) of the space shall be located more than three ft. above the level of the sidewalk adjacent to the lot containing the space. If the public space is located within the Special Flood Hazard Area, the Commission may waive this requirement provided that the Commission determines that the issuance of this waiver would beneficially serve the public interest. 794
(.5) The space may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.
(.6) The space shall include trees, landscaped areas, walkways, seating, water features, or similar elements. A minimum of thirty percent (30%) of the space shall be landscaped and may incorporate a water feature. All elements shall be appropriately scaled and designed to enhance the space.
(.7) Water features shall meet the following criteria:
(.a) The feature shall be located in a public space.
(.b) The feature may consist of fountains, water walls, water channels, water sculptures, pools, or ponds.
(.c) The water feature shall be appropriately scaled and designed to enhance the space.
(.d) The water feature shall be in operation from at least April 1 through October 30 each year, between the hours of 8:00 a.m. and 9:00 p.m, daily.
(.e) The water feature shall not be counted toward a public art requirement unless it is designed by an artist and is approved through the public art process in § 14-702(5) (Public Art).
(.8) Landscaped areas and trees shall be subject to the requirements of § 14-705 (Landscape and Trees). At least one tree shall be provided for every 1,000 sq. ft. of public space in addition to those required by § 14-705 (Landscape and Trees).
(.9) Lighting shall be provided in the space. The maximum height of the lighting shall be 15 ft. with a maximum illumination level of 2.0 maintained foot-candles. At least one light shall be provided for every 500 sq. ft. of public space and lighting shall be provided along walkways at 100 ft. intervals. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting). 795
(.10) The space shall be connected to a sidewalk, but may not disrupt the continuity of an existing street wall.
(.11) The space shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m. daily.
(.12) The public open space, park, or plaza shall be located so as to receive natural light during the day.
(b) Qualifying Criteria for Public Rooms.
A floor area bonus or height bonus may be earned by providing a public room, provided it meets the following minimum standards:
(.1) The space is within a building that allows for year-round, climate controlled use by the public and that has access to the public street, transit concourses or transit stations either directly or through another connecting area open to the public.
(.2) The space shall meet all public access design and engineering requirements for areas required to be accessible to those with physical impairments under the Americans with Disabilities Act and any implementing regulations adopted by the City.
(.3) The space shall include a minimum of 5,000 sq. ft. of contiguous floor area and shall have a minimum unobstructed height of 24 ft.
(.4) All or part of the space may be located at the level of any transit concourse or transit station to which it has direct access, or at any level between the level of that transit station or concourse and ground level.
(.5) The space may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.
(.6) The space must include access to a public amenity, such as retail sales, libraries and cultural exhibits, eating and drinking establishments, public restrooms, or other attraction. Spaces that simply serve as a lobby for the transit concourse or building tenants do not qualify.
(.7) Seating shall be provided within the space.
(.8) The space shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m. daily.
(c) Approval Criteria.
(.1) Planning Commission Review.
(.a) In addition to the qualifying criteria of § 14-702(6)(a) and § 14-702(6)(b), L&I shall not issue a building permit until the Commission has reviewed the proposed public open space, public park, public plaza, or public room subject to this bonus and determined that, in the opinion of the Commission:
(i) The design of the space will beneficially serve the public interest in terms of pedestrian access, overall layout, and provided amenities; and
(ii) The space includes a suitable amount of lighting, trees, landscaped areas, walkways, seating, water features, or similar elements, as applicable, and that these elements are appropriately located so as to maximize the utility of the space.
(.b) The Commission shall have 30 days upon receipt by the Commission of an application to review all proposed public open space, public parks, public plazas, or public rooms subject to this bonus; after the 30-day review period has passed, the approval of the Commission shall be presumed.
(.2) Restrictive Covenant.
The applicant must execute and record a restrictive covenant in favor of the City, acting through the Department of Planning and Development, approved as to form by the Law Department, which requires all applicable open spaces, public parks, public plazas, and public rooms to be constructed and maintained, consistent with the requirements of this § 14-702(6), for the life of the building.
(d) Bonus Floor Area or Building Height. 796
The additional gross floor area or building height earned by providing public space is:
Amount of Public Space as Percentage of Lot Area | Additional Gross Floor Area, as Percentage of Lot Area | Additional Building Height
CMX-3 (within /TOC only) | CMX-4 | CMX-5 | /CDO | /ECO
10 - 15% of lot area | 30% | 100% | 200% | N/A | N/A
16 - 20% of lot area | 40% | 150% | 300% | 12 ft. | 12 ft.
21 - 30% of lot area | 50% | 200% | 400% | 24 ft. | 24 ft.
31 - 40% of lot area | 50% | 200% | 400% | 36 ft. | 24 ft.
41 - 50% of lot area | 50% | 200% | 400% | 48 ft. | 24 ft.
Notes
793 | Amended, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 161003-A (approved May 8, 2017).
794 | Amended, Bill No. 190811-A (approved December 30, 2019).
795 | Amended, Bill No. 210075 (approved March 29, 2021).
796 | Amended, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 150505 (approved December 1, 2015); amended, Bill No. 170162 (approved July 11, 2017); amended, Bill No. 190811-A (approved December 30, 2019); amended, Bill No. 260517 (approved June 12, 2026).
(7) Mixed Income Housing.
(a) Affordability.
A floor area, height, or dwelling unit density bonus, as applicable, may be earned by providing affordable housing at the levels of affordability set out in this § 14-702(7)(a). For the purposes of § 14-702(7), a household shall consist of every person who lives or intends to live in the unit, regardless of age, dependency status, or relationship. The imputed household size for determining unit affordability and occupancy requirements of § 14-702(7) shall be equal to 1.5 people per each bedroom in the unit, except for studios and efficiencies, for which the imputed household size is 1 person. 798
(.1) Moderate Income.
(.a) Moderate Income rental units shall:
(i) Have total monthly costs (including rent and utility costs) that do not exceed thirty percent (30%) of gross monthly income for households earning up to sixty percent (60%) of the Area Median Income (AMI), adjusted for household size, as reported by the U.S. Department of Housing and Urban Development (HUD) for the Philadelphia Metropolitan Statistical Area;
(ii) Be occupied by households earning up to sixty percent (60%) of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of the household's initial occupancy of the unit; and
(iii) At no time be occupied by households earning greater than one hundred twenty percent (120%) of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area; provided that, in the event the income of a tenant is found by the Department of Planning and Development to exceed the maximum income provided for by this subsection (iii), a rental unit shall nonetheless be deemed in compliance with this subsection (iii) until the first expiration of a lease occurring after the tenant's income first exceeded the maximum permitted by this subsection (iii). In such event, the owner or their property manager may raise rent on the existing household's unit at the owner or their property manager's discretion, taking into account any applicable laws, rules, or policies regarding rent increases, provided that the owner or their property manager must make the next available unit of comparable size available to a new income-qualified household. 799
(.b) Moderate Income owner-occupied units shall:
(i) Have a maximum sale and resale price, during the term of affordability, calculated on the basis of a down payment of no more than five percent (5%) of the purchase price, a fixed rate 30 year mortgage, consistent with the average monthly rate published from time to time by Freddie Mac, and total monthly costs (including mortgage principal and interest, property taxes, property insurance, and condominium or homeowner association fees) that do not exceed thirty percent (30%) of gross monthly income for households earning up to eighty percent (80%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area;
(ii) Be sold to one or more members of a household with household earnings up to eighty percent (80%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of sale; and
(iii) Be the principal residence of at least one person who owned the unit during the period of affordability.
(.2) Low Income.
(.a) Low Income rental units shall:
(i) Have total monthly costs (including rent and utility costs) that do not exceed thirty percent (30%) of gross monthly income for households earning up to fifty percent (50%) of the Area Median Income (AMI), adjusted for household size, as, as reported by HUD for the Philadelphia Metropolitan Statistical Area;
(ii) Be occupied by households earning up to fifty percent (50%) of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of the household's initial occupancy of the unit; and
(iii) At no time be occupied by households earning greater than one hundred percent (100%) of the Area Median Income (AMI), adjusted by household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area; provided that, in the event the income of a tenant is found by the Department of Planning and Development to first exceed the maximum income provided for by this subsection (iii), a rental unit shall nonetheless be deemed in compliance with this subsection (iii) until the first expiration of a lease occurring after the tenant's income exceeded the maximum permitted by this subsection (iii). In such event, the owner or their property manager may raise rent on the existing household's unit at the owner or their property manager's discretion, taking into account any applicable laws, rules, or policies regarding rent increases, provided that the owner or their property manager must make the next available unit of comparable size available to a new income-qualified household. 800
(.b) Low Income owner-occupied units shall:
(i) Have a maximum sale and resale price, during the term of affordability, calculated on the basis of a down payment of no more than five percent (5%) of the purchase price, a fixed rate 30 year mortgage, consistent with the average monthly rate published from time to time by Freddie Mac, and total monthly costs (including mortgage principal and interest, property taxes, property insurance, and condominium or homeowner association fees) that do not exceed thirty percent (30%) of gross monthly income for households earning up to seventy percent (70%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area.
(ii) Be sold to one or more members of a household with household earnings up to seventy percent (70%) of the AMI, adjusted for household size, as reported by HUD for the Philadelphia Metropolitan Statistical Area at the time of sale; and
(iii) Be the principal residence of at least one person who owned the unit during the period of affordability.
(b) Criteria.
A floor area, height, or dwelling unit density bonus, as applicable, may be earned for developments where at least fifty percent (50%) of the gross floor area will be in residential use (i) by providing affordable housing, provided that the project meets the standards set forth in subsections (.1) through (.5), below; or (ii) if the owner of the property enters into a payment-in-lieu agreement that meets the standards set forth in subsection (.6), below, provided that no development with fewer than ten dwelling units may earn these bonuses by entering into any such payment in-lieu agreement. For any development where less than fifty percent (50%) of gross floor area will be in residential use, these bonuses may be earned, as applicable, if the owner of the property enters into a payment-in-lieu agreement that meets the standards set forth in subsection (.6), below. The bonuses provided for in this subsection (7) ("Mixed Income Housing") are not available to any development that does not meet all applicable standards of this Zoning Code that require the inclusion of one or more non-residential uses on the lot. 801
(.1) At least ten percent (10%) of residential dwelling units (rounded up, if fractional) shall be provided and maintained as affordable, as defined in § 14-702(7)(a)(.1) or § 14-702(7)(a)(.2), above. 802
(.a) For purposes of subsection (.1), “residential dwelling units” means the total number of units being provided within the development (including any dwelling units earned through bonuses including this mixed income housing bonus). 802.1
(.2) Affordable units shall be affordable, as defined in § 14-702(7)(a)(.1) or § 14-702(7)(a)(.2), for a term of not less than 50 years with future sales, affordability, compliance, and certain legal remedies within such period governed by a recorded instrument or instruments in favor of the City, in substance satisfactory to the Department of Planning and Development and in form satisfactory to the Law Department, committing to satisfy all requirements of this subsection (b).
(.3) Affordable units shall be constructed, completed, ready for occupancy, and marketed at the same time as market-rate units and reasonably dispersed on the same site as the development such that no single building or floor therein will have a disproportionate percentage of affordable units; provided, that, the Department of Planning and Development may permit some or all of such affordable units to be provided and maintained off-site, upon a showing of exceptional circumstances and a substantial public benefit deriving from the proposed off-site development and such other requirements and penalties for non-compliance as provided for by regulations of the Department of Planning and Development.
(.4) Affordable units shall be of comparable quality, in terms of the size, design, exterior appearance, energy efficiency, access to amenities, and overall construction, as the market-rate units within the development, except that the Department of Planning and Development may authorize, on a case by case basis, variation in lot size, number of stories, or whether units are attached or detached, upon good cause shown. For rental units, this requirement shall apply to any maintenance or renovations performed during the life of the affordability commitment. Where the quality of market rate units, in terms of the size, design, exterior appearance, energy efficiency, access to amenities, and overall construction varies from unit to unit, the quality of affordable units shall vary substantially to the same degree. Affordable units may have interior finishes and features that are functionally equivalent to those of any market-rate unit within the development, so long as those finishes and features are durable, of good and new quality, and consistent with any further standards which the Department of Planning and Development may establish. 802.2
(.5) For owner-occupied units, the owner and all subsequent owners during the affordability period provided for in subsection (.3), above, shall give the Department of Planning and Development a right of first refusal to purchase each affordable unit, with 90 days' notice of any sale; and shall give the Department of Planning and Development notice of any foreclosure of an affordable unit within seven days of receipt of a foreclosure notice.
(.6) The applicable bonus shall be available to a property if the owner enters into a binding agreement with the Department of Planning and Development pursuant to which the owner has tendered to the City, prior to the issuance of a building permit, a payment in lieu of providing affordable housing; and the Department of Planning and Development has agreed: (.a) for any development where at least fifty percent (50%) of the gross floor area will be in residential use, to use an equal amount of money for the purposes set forth in Section 21-1605 (“Trust Fund Assets Held in the Non-Recording Fee Sub-Fund”); (.b) for any development where less than fifty percent (50%) of the gross floor area will be in residential use, to use an equal amount of money for the purposes set forth in Section 21-1603 (“Creation, Distribution and Use of the Trust Fund’s Assets”); for either type of development, to use best efforts to use such equal amount of money within five years of the owner tendering payment to the City for a project or projects within the same Council District as the development. The payment shall be calculated as follows: 803
(.a) For properties located in an RM-2, RM-3, RM-4, RMX-1, RMX-2, RMX-3, IRMX, CMX-3, CMX-4, or CMX-5 zoning district earning a floor area or height bonus, except for properties that meet the conditions of (.b) or (.c), below: by multiplying the maximum total gross floor area allowed (measured in sq. ft. and not including any floor area earned through bonuses other than this mixed income housing bonus), by eleven dollars and thirty cents ($11.30), if the owner is seeking the moderate-income bonus, and by fourteen dollars and sixty cents ($14.60), if the owner is seeking the low-income bonus.
(.b) For properties located in an RM-2, RM-3, RM-4, RMX-1, RMX-2, RMX-3, IRMX, CMX-3, CMX-4, or CMX-5 zoning district earning a height bonus that are entirely or partially located within a Special Flood Hazard Area, the lesser of the amount reached by:
(i) Multiplying the total gross floor area of all structures on the lot (measured in sq. ft.), by eleven dollars and thirty cents ($11.30), if the owner is seeking the moderate-income bonus, and by fourteen dollars and sixty cents ($14.60), if the owner is seeking the low-income bonus.
(ii) Multiplying the maximum total gross floor area allowed (measured in sq. ft. and not including any floor area earned through bonuses other than this mixed income housing bonus), by eleven dollars and thirty cents ($11.30), if the owner is seeking the moderate-income bonus, and by fourteen dollars and sixty cents ($14.60), if the owner is seeking the low-income bonus.
(.c) For properties earning a floor area bonus pursuant to a development that is reviewed in accordance with the provisions of § 14-507(12) (Optional Special Standards, Review, and Exemptions): by multiplying the maximum additional gross floor area that would be earned through this bonus (measured in sq. ft.), by twenty-five dollars ($25), if the owner is seeking the moderate-income bonus, and by thirty dollars ($30), if the owner is seeking the low-income bonus.
(.d) For properties located in an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district, the total number of residential dwelling units allowed (not including any dwelling units earned through bonuses other than this mixed income housing bonus), multiplied by thirteen thousand six hundred dollars ($13,600), if the owner is seeking the moderate-income bonus, and by seventeen thousand seven hundred dollars ($17,700), if the owner is seeking the low-income bonus.
(c) Bonus Floor Area, Building Height, and Dwelling Unit Density. 804
(.1) The additional gross floor area or building height earned for compliance with subsection (a), above, is as set forth in the tables, below. A property may take advantage of a height bonus, a gross floor area bonus, and a dwelling unit density bonus, either alone or in combination, if so provided by the tables in subsection (.3), below. A property may not take advantage of any one of these bonuses multiple times and may not earn bonuses under both the low-income and moderate-income standards.
(.2) Dwelling Unit Density Bonuses in this § 14-702 shall be calculated without including any other dwelling unit bonuses earned. Whenever the calculation of permitted number of dwelling units, following the application of a bonus described in this § 14-702, results in a fraction of a dwelling unit, then the number of permitted dwelling units shall be rounded down to the nearest whole number. If any other dwelling unit density bonuses are earned, the total number of dwelling units permitted shall be determined by adding all such bonuses to the number of units that would otherwise be permitted under this Code, including this Mixed Income Housing Bonus. 805
(.3) Mixed Income Housing Bonus Tables. 806
Table 14-702-3: Mixed Income Housing Bonus – Additional Gross Floor Area 806.1
| Additional Gross Floor Area, as Percent of Lot Area
RM-2 | RM-3, RMX-1 | RM-4 | RMX-2 | IRMX | RMX-3 | CMX-3 as provided in § 14-702(2)(c) (except in /TOC) | CMX-3 (within /TOC only) | CMX-4 | CMX-5
Mixed Income Housing (§ 14-702(7)) | Moderate Income | 25% | 50% | 100% | 75% | 150% | 150% | 150% | 200% | 150% | 300%
Low Income | 50% | 75% | 175% | 125% | 250% | 250% | 250% | 300% | 250% | 400%
Table 14-702-4: Mixed Income Housing Bonus – Additional Building Height 806.2
| Additional Building Height 806.3
/CDO | /ECO | /PCH | RM-1, CMX-1, CMX-2
Mixed Income Housing (§ 14-702(7)) | Moderate Income | 48 ft. | 48 ft. | 24 ft. | 7 ft.
Low Income | 60 ft. | 60 ft. | 36 ft. | 7 ft.
Table 14-702-5: Mixed Income Housing Bonus – Housing Unit Density Bonuses 806.4
| Housing Unit Density Bonuses (RM-1, CMX-1, CMX-2, or CMX-2.5 only)
Mixed Income Housing (§ 14-702(7)) | Moderate Income | 25% increase in units permitted
Low Income | 50% increase in units permitted
(d) Compliance Check.
(.1) No zoning permit shall be issued pursuant to section § 14-303(6) for any project, or any portion thereof, that has been awarded bonus floor area, building height, or dwelling units pursuant to this § 14-702(7) unless the Department of Planning and Development certifies to the Department of Licenses and Inspections that the applicant has acknowledged, in form satisfactory to the Department of Planning and Development, an understanding of the requirements of this § 14-702(7). 807
(.2) No building permit shall be issued pursuant to Section A-301 of Title 4 for any project, or any portion thereof, that has been awarded bonus floor area, building height, or dwelling units pursuant to this § 14-702(7) unless the Department of Planning and Development has certified to the Department of Licenses and Inspections that the applicant has made all required payments pursuant to an agreement provided for by subsection (b)(.6) or is in compliance with all of the following: 808
(.a) The applicant has demonstrated that the applicant is capable of and prepared to actively market the affordable units to eligible tenants and eligible purchasers;
(.b) The applicant has filed an Affordable Building Plan, signed by both the applicant and the design professional responsible for the development, which specifies, to the satisfaction of the Department of Planning and Development, the quality, quantity, placement, design, and phasing of the development and of each affordable unit, and which acknowledges that the applicant is subject to penalties in the event that the development fails to conform with such Plan or any approved modifications of such Plan. Any deviation from an approved Affordable Building Plan must comply with the requirements of this Chapter and must be approved by the Department of Planning and Development; and
(.c) The property is in compliance with all requirements of this § 14-702(7), including but not limited to the recordation of an instrument pursuant to subsection (b), as well as any additional requirements that the Department of Planning and Development shall impose in order to secure and monitor the applicant's satisfaction of all obligations imposed by this Chapter.
(.3) No certificate of occupancy shall be issued pursuant to Section A-701 of Title 4 for any dwelling units included in a development, and no occupancy of such units shall be permitted, unless certificates of occupancy have also been issued for all affordable units required by this § 14-702(7) or there has been compliance with any agreement provided for by § 14-702(7)(b)(.6); provided that the Department of Planning and Development may waive this requirement upon a showing of exceptional circumstances with respect to permitted off-site affordable units only and only upon agreement by the applicant to further conditions and penalties for non-compliance, all as provided for in regulations of the Department of Planning and Development.
(e) Remedies.
(.1) Failure to comply with any provision of a recorded instrument required by this § 14-702(7) shall, in addition to any other remedies available by law, be grounds for:
(.a) Revocation of any building permit, certificate of occupancy or rental license and the prohibition of renewal of any such permits, certificates, or licenses.
(.b) A fine of five hundred dollars ($500) per day of noncompliance.
(.2) The Department of Planning and Development shall have the right to inspect such documents as may be necessary to determine continued compliance, including but not limited to financial records of any tenants or owners to confirm that they are eligible tenants or eligible purchasers.
(f) Reporting.
The Department of Planning and Development shall publish annually a Mixed Income Housing Program Report, which shall include: quantity, size, and location of affordable units; tendered payments in lieu of providing affordable units and how such payments were spent; and household size and income of eligible tenants and eligible purchasers who have either applied for or have occupied affordable units.
(g) Regulations.
The Department of Planning and Development shall have the authority to promulgate regulations to clarify, implement or administer any provision of this § 14-702(7).
(h) Applicability of /TSO, 30th Street Overlay District (/MIN). 809
The terms and conditions of this section § 14-702 (Mixed Income Housing) shall not apply to Residential Housing Projects within the /TSO, 30th Street Overlay District, as defined in § 14-528(2), except as otherwise provided by section § 14-528 (30th Street Overlay District).
(i) Applicability of Mixed Income Neighborhoods Overlay District (/MIN). 810
The terms and conditions of this § 14-702(7) (Mixed Income Housing) shall not apply to Residential Housing Projects within the /MIN, Mixed Income Neighborhoods Overlay District, as defined in § 14-533(2), except as otherwise provided by section § 14-533 (Mixed Income Neighborhoods Overlay District).
Notes
797 | Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 140519-AAA (approved October 27, 2015); amended, Bill No. 150505 (approved December 1, 2015); amended, Bill No. 161003-A (approved May 8, 2017); amended, Bill No. 170162 (approved July 11, 2017); amended, Bill No. 170498 (approved August 1, 2017); amended, Bill No. 170678-AAA (approved October 17, 2018).
798 | Amended, Bill No. 200628 (approved March 29, 2021).
799 | Amended, Bill No. 210633-A (approved January 18, 2022), effective July 18, 2022.
800 | Amended, Bill No. 210633-A (approved January 18, 2022), effective July 18, 2022.
801 | Amended, Bill No. 190443 (approved July 24, 2019). See note 351 for sunset provision. Amended, Bill No. 190859 (approved December 31, 2019); amended, Bill No. 200628 (approved March 29, 2021); amended, Bill No. 210075 (approved March 29, 2021); amended, Bill No. 210474-AA (approved October 6, 2021).
802 | Amended, Bill No. 200628 (approved March 29, 2021).
802.1 | Added, Bill No. 250810 (approved November 12, 2025).
802.2 | Amended, Bill No. 250810 (approved November 12, 2025).
803 | Amended, Bill No. 190859 (approved December 31, 2019); amended, Bill No. 200628 (approved March 29, 2021); amended, Bill No. 210474-AA (approved October 6, 2021); amended, Bill No. 240058 (became law September 5, 2024).
804 | Amended, Bill No. 210075 (approved March 29, 2021).
805 | Amended, Bill No. 210474-AA (approved October 6, 2021)
806 | Amended, Bill No. 210474-AA (approved October 6, 2021).
806.1 | Table caption added, Bill No. 250810 (approved November 12, 2025); amended, Bill No. 260517 (approved June 12, 2026).
806.2 | Table caption added, Bill No. 250810 (approved November 12, 2025).
806.3 | Amended, Bill No. 241062-A (approved December 23, 2024).
806.4 | Table caption added, Bill No. 250810 (approved November 12, 2025).
807 | Amended, Bill No. 210075 (approved March 29, 2021).
808 | Amended, Bill No. 210075 (approved March 29, 2021).
809 | Added, Bill No. 200602 (approved January 27, 2021). Enrolled bill numbered this as (g); renumbered by Code editor.
810 | Added, Bill No. 210633-A (approved January 18, 2022), effective July 18, 2022.
(8) Transit Improvements.
The bonus for transit improvements is a mechanism for expanding and improving access to and use of public transit infrastructure. Qualifying improvements encourage the increased use of public transit, not only by future occupants of the development, but also by other residents, workers, and visitors to the area.
(a) Criteria.
A floor area bonus or building height bonus, as applicable, may be earned by constructing, improving, connecting or significantly improving access to a public transit facility provided that the project meets the standards below. For the purposes of this section, a public transit facility includes any rail stop or station, including any underground concourses or connections that provide access to that station; any water taxi stop; any intercity bus station; and any bus or trolley stop that is located within 500 feet of a rail stop or station; and which includes permanent structures outside of the right-of-way, or includes dedicated passenger infrastructure.
(.1) The applicant shall submit a signed agreement from the appropriate transit authority that includes a description of the qualifying improvements, a construction schedule for such improvements by the applicant or transportation partner, the total hard costs for the development, the total cost of the qualifying improvement, and (if different from the total cost), the amount of funding that the applicant will provide toward the total cost of the project.
(.2) Qualifying improvements made by the applicant may include any of the following:
(.a) New access easements or improvements to connecting passageways, mezzanines, or concourse areas;
(.b) Constructing a new rail, transit or water taxi station;
(.c) Extending the concourse of an existing public transit facility;
(.d) Permanent structural improvements to an existing public transit facility or dedicated accessway to such a facility, including, but not limited to, the introduction of significant public amenities, as approved by the Commission, and not including routine maintenance or repairs; or
(.e) Permanent streetscape improvements or permanent roadway improvements in excess of the minimum code requirements that are explicitly designed to enhance pedestrian and bicycle connections to an existing public transit facility or improve the speed or safety of transit operations at an existing public transit facility.
(i) Streetscape improvements provided to earn the transit improvement bonus shall be approved by the Commission for the provision, or substantial enhancement, of safe and attractive pedestrian and bicycle routes to transit.
(ii) Roadway improvements provided to earn this bonus shall be approved by both the Commission, with input from the affected transit authority, for the substantial enhancement of transit access to the public transit facility.
(iii) No zoning permit shall be issued for any development that earns a bonus under the conditions of this subsection (8)(a)(.2)(.e) unless a maintenance agreement for the qualifying improvement has been entered into between the City and the entity responsible for providing the maintenance.
(iv) No zoning permit shall be issued for any development that earns a bonus under the conditions of this subsection (8)(a)(.2)(.e) unless the Art Commission either approves the permanent streetscape or roadway improvement or confirms that the improvement is not subject to its review.
(.3) Qualifying improvements must be located within 1,320 ft. of the lot, or a portion of the lot, earning this bonus, except within the /CDO overlay district, where qualifying improvements must be located within 1,320 ft. of the boundaries of the overlay district.
(.4) The applicant shall agree, in form satisfactory to the Department of Planning and Development, to post a bond or letter of credit in an amount equal to one hundred percent (100%) of the estimated cost of constructing the transit improvements. No building permit shall be issued until the applicant posts said bond or letter of credit in a form and with financial entities acceptable to the City or its designee. The Certificate of Occupancy shall not be issued for the first permanent structure on the property unless the qualifying improvement is completed, as certified by the appropriate transit authority; in such case, the bond or letter of credit must be kept in force until the completion of the required improvements. Alternatively, if the qualifying improvement is to be constructed by the transportation authority, the Certificate of Occupancy for the first permanent structure on the property shall not be issued until that authority certifies that the applicant has provided all agreed-upon funding for that project.
(.5) Failure to comply with any provision of § 14-702(8) shall, in addition to any other remedies available by law, be grounds for:
(.a) Revocation of any building permit; and
(.b) A fine of five hundred dollars ($500) per day of noncompliance.
(b) Bonus Floor Area or Building Height. 812
The additional gross floor area or building height earned by providing transit improvements is:
Additional Gross Floor Area, as Percentage of Lot Area | Additional Building Height
RMX-2, RMX-3, CMX-3 (outside /TOC only), IRMX | CMX-3 (within /TOC only), CMX-4 | CMX-5 | /CDO, /ECO
50% of lot area per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 100% of lot area | 100% of lot area per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 200% of lot area | 200% of lot area per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 400% of lot area | 24 ft. per each 1% of estimated building hard costs spent on transit improvements, up to a maximum of 72 ft.
(c) Reductions in Parking Minimums.
(.1) For any lot that earns a Transit Improvement Bonus, any minimum parking requirement otherwise applicable under § 14-802(2) (Required Parking in Residential Districts), § 14-802(3) (Required Parking in Commercial Districts), or § 14-802(4) (Required Parking in Industrial Districts) shall be reduced by five spaces or by fifty percent (50%), whichever reduction is greater.
(.2) For any lot that earns a Transit Improvement Bonus and is located within the /TOC, Transit Oriented Community Overlay District, the /MIN, Mixed-Income Neighborhoods Overlay District, or both, any minimum parking requirement otherwise applicable under § 14-802(2) (Required Parking in Residential Districts), § 14-802(3) (Required Parking in Commercial Districts), or § 14-802(4) (Required Parking in Industrial Districts) shall be zero.
Notes
811 | Amended, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 260518 (approved June 12, 2026).
812 | Amended, Bill No. 170162 (approved July 11, 2017); amended, Bill No. 260517 (approved June 12, 2026).
(9) Underground Accessory Parking.
(a) Criteria.
A floor area bonus may be earned by providing underground accessory parking, regardless of whether that accessory parking is required by Chapter 14-800 (Parking Design Standards). The intent of this section is not to expand the supply of parking in the RMX-3, CMX-4, or CMX-5 districts, but to encourage parking permitted by this Zoning Code to be constructed underground rather than at surface level or above ground. The bonus is available if the project meets the following standards:
(.1) At least seventy-five percent (75%) of the accessory parking constructed shall be for the use of residents or occupants of the project, and no more than twenty-five percent (25%) of the spaces shall be rented on a daily, weekly, monthly, long-term, or any other term to any non-resident or non-occupant of the premises. This shall not prohibit the building owner from billing building residents and occupants for parking spaces separately from rent or other expenses.
(.2) All of the accessory parking constructed shall be located below grade.
(.3) The underground parking constructed must contain a gross floor area (including ramps) equal to at least fifty percent (50%) of the gross floor area of the ground floor of the primary building on the property where the underground parking is located.
(.4) None of the bonus space gained from underground parking may be used to construct additional parking. 814
(b) Bonus Floor Area. 815
The additional gross floor area earned by providing underground accessory parking is:
Additional Gross Floor Area, as Percentage of Lot Area
RMX-3 | CMX-3 (within /TOC only) | CMX-4 | CMX-5
100% | 50% | 200% | 200%
Notes
813 | Amended, Bill No. 130764 (approved December 18, 2013).
814 | Added, Bill No. 190443 (approved July 24, 2019). See note 351 for sunset provision. Subsection (.5) deleted, Bill No. 210075 (approved March 29, 2021).
815 | Amended, Bill No. 170162 (approved July 11, 2017); amended, Bill No. 170498 (approved August 1, 2017); amended, Bill No. 260517 (approved June 12, 2026).
(10) Green Building or Site.
(a) Criteria.
(.1) The applicant has submitted documentation sealed by a LEED-AP professional confirming that the building or site has been designed for certification at the LEED Platinum or Gold levels, or certification by an equivalent green building or neighborhood development rating system as approved by the Commission, and that preliminary review of project design and elements confirm that it will earn enough points to be certified at that level by an appropriate certifying agency.
(.2) The property owner has signed an agreement with the City confirming that the building or site will complete the certification and commissioning process at the LEED Platinum or Gold level, or through an equivalent green building or neighborhood development rating system as approved by the Commission, and that if the building or site fails to be commissioned at the level for which the bonus has been awarded, the applicant will either: 817
(.a) Make improvements to the design, equipment, or operation until commissioned at that level, or
(.b) Be in violation of this Zoning Code and subject to those penalties provided in § 14-306 (Enforcement) and the agreement. 818
(b) Bonus Floor Area or Building Height. 819
The additional gross floor area or building height earned for a certified green building is:
Level of LEED Certification | Additional Gross Floor Area, as Percentage of Lot Area | Additional Building Height
CMX-3 as provided in § 14-702(2)(c) | CMX-4 | CMX-5 | /CDO | /ECO
Gold | 50% | 100% | 200% | 24 ft. | 24 ft.
Platinum | 100% | 200% | 400% | 36 ft. | 36 ft.
Notes
816 | Amended, Bill No. 130274 (approved June 25, 2013).
817 | Amended, Bill No. 210075 (approved March 29, 2021).
818 | Amended, Bill No. 210075 (approved March 29, 2021).
819 | Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 140519-AAA (approved October 27, 2015); amended, Bill No. 150505 (approved December 1, 2015).
(11) Trails.
(a) Criteria.
A building height bonus may be earned by either (1) constructing trails only or (2) constructing and dedicating trails, provided that the following minimum standards are satisfied. On-site trails that satisfy the minimum standards shall count towards required open area and lot area for the purpose of calculating floor area ratio. Off-site trails shall not count towards required open area and lot area for the purpose of calculating floor area ratio. On-site and off-site trails shall not count toward the additional building height bonus if the trails are used to qualify for the bonus for the provision of public open space in the /CDO district, as provided in § 14-702(6)(c).
(.1) Minimum standards for constructing trails:
(.a) The minimum length of the trail shall be equal to one of the following:
(i) If the trail is roughly paralleling the Delaware River, the trail must extend from the downstream to the upstream boundaries of the lot on which the trail is to be constructed.
(ii) If the trail is not roughly paralleling the Delaware River, then the trail must extend from an existing or planned publicly-accessible trail to a boundary of the lot opposite from the existing or planned publicly-accessible trail.
(.b) The trail, exclusive of buffer zones and planting strips, shall be at least 12 ft. wide.
(.c) The trail may be located on-site or off-site within the boundaries of the /CDO district; provided any off-site trails are located on land that is under the same ownership as the development property and are used to calculate a bonus for only one site.
(.d) The trail shall connect to an existing or planned publicly-accessible trail in accordance with the Comprehensive Plan, as approved by the Commission.
(.e) The trail shall have pedestrian lighting. The maximum height of the lighting shall be 15 ft. with an illumination level of 2.0 maintained foot-candles. At least one light shall be provided for each 100 ft. of trail. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting).
(.f) The trail shall be unenclosed and shall be designed and located to receive natural light during the day.
(.g) Except at intersections with driveways or streets, the trail may not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements. All intersections with driveways or streets must be marked and controlled such that pedestrians, bicyclists, and other non-motorized trail users are given priority. This subsection shall not apply to emergency vehicles. 821
(.h) The applicant shall post a bond or letter of credit in an amount equal to one hundred percent (100%) of the estimated cost of constructing the required trail improvements in a form and with financial entities acceptable to the City or its designee. The required trail improvements must be completed upon issuance of the Certificate of Occupancy for the first permanent structure on the property, and the bond or letter of credit must be kept in force until the completion of the required improvements.
(.2) Minimum standards for constructing and dedicating trails:
(.a) The trail shall satisfy all the requirements of subsection (.1), above.
(.b) The trail shall be dedicated to, and accepted by, the City or its designee, at no cost to the City, in a form acceptable to the Law Department, but may, at the applicant's request include cross-easements necessary for applicant's tenants, residents, or visitors to have free pedestrian access across the trail to and from the riverfront. After dedication and acceptance, the applicant shall not restrict access to the trail.
(b) Bonus Building Height.
The additional building height earned for trails is:
Additional Building Height
/CDO
Constructing trails only | 12 ft. for the first minimum required trail segment and 12 ft. for each improved trail segment of 200 linear ft. thereafter, up to a maximum of 48 ft.
Constructing and dedicating trails | 24 ft. for the first minimum required trail segment and 24 ft. for each improved trail segment of 200 linear ft. thereafter, up to a maximum of 72 ft.
Notes
820 | Added, Bill No. 130274 (approved June 25, 2013).
821 | Amended, Bill No. 190811-A (approved December 30, 2019).
(12) Street Extensions.
(a) Criteria.
A building height bonus may be earned by either (1) dedicating only or (2) dedicating and improving lands along the alignment of an existing street, provided that the dedication and improvements meet the following minimum standards.
(.1) For dedications:
(.a) The land must be located on the subject property between the river and the eastern or southeastern end of a river access street.
(.b) The width of the street extension land dedication must be at least equal to the confirmed right-of-way of the existing public street to be extended.
(.c) The dedication of land must be in fee simple ownership, in a form acceptable to the City or its designee, and accepted by the City, at no cost to the City.
(.2) For improvements:
(.a) Any street extension improvements shall be completed to the standards of the Streets Department.
(.b) The applicant shall post a bond or letter of credit in an amount equal to one hundred percent (100%) of the estimated cost of constructing the street improvements in a form and with financial entities acceptable to the City or its designee. The required street improvements must be constructed upon issuance of the Certificate of Occupancy for the first permanent structure on the property, and the bond or letter of credit must be kept in force until the completion of the required improvements.
(b) Bonus Building Height.
The additional building height earned for dedication of street extension lands is:
Additional Building Height
/CDO
Dedication only | 12 ft. for each land dedication of 200 linear ft. up to a maximum of 36 ft.
Dedication and Street Extension Improvement | 24 ft. for each street extension segment of 200 linear ft. up to a maximum of 72 ft.
Notes
822 | Added, Bill No. 130274 (approved June 25, 2013).
(13) Retail Space.
(a) Criteria. 824
(.1) A building height bonus may be earned for constructing ground floor retail space, provided that all portions of each ground floor facade that abuts a sidewalk or public space and that is not occupied by entrances, exits, or waiting areas shall be designed and constructed to permit a finished ceiling height of at least 10.5 ft. in order to allow occupancy by a use in the retail sales, commercial services, child care, or library and cultural exhibits use category. 825
(.2) The applicant must execute and record a restrictive covenant in favor of the City, acting through the Department of Planning and Development, approved as to form by the Law Department, which requires the space for which the bonus shall be granted to be occupied only by a use in the retail sales, commercial services, child care, or library and cultural exhibits use category for a term of 15 years, or the life of the building, whichever is less. 826
(.3) Retail space provided to satisfy the ground floor use requirements of § 14-507(4)(c) or § 14-519(3) shall not apply towards the retail space bonus.
(b) Bonus Building Height. 827
The additional building height earned for construction of retail space is:
Additional Building Height
/CDO | /ECO
12 ft. per each 5,000 sq. ft. of retail floor area provided, up to maximum of 36 ft. | 12 ft. per each 5,000 sq. ft. of retail floor area provided, up to maximum of 48 ft.
Notes
823 | Added, Bill No. 130274 (approved June 25, 2013); amended, Bill No. 150505 (approved December 1, 2015).
824 | Amended, Bill No. 161003-A (approved May 8, 2017).
825 | Amended, Bill No. 190253 (approved July 24, 2019).
826 | Amended, Bill No. 190253 (approved July 24, 2019).
827 | Amended, Bill No. 190811-A (approved December 30, 2019).
(14) Stormwater Management.
For properties that contain at least 15,000 sq. ft. of lot area, the stormwater management bonus may be earned as provided by this subsection. Within the /ECO overlay district, a stormwater management bonus may be earned by (1) providing a stormwater open space, (2) managing street drainage, or (3) providing both stormwater open space and managing street drainage. Open space provided to earn a height bonus that meets the requirements of § 14-702(14)(a) (Criteria for Open Space within the /ECO overlay district) shall count towards the required open area, but shall not be used to satisfy the bonus requirements of § 14-702(6) (Public Space). Within the /CDO overlay district a stormwater management bonus may be earned by (1) managing additional street drainage, (2) managing additional on-site stormwater runoff, (3) managing additional street drainage or additional on-site stormwater runoff in a surface feature, or (4) meeting the requirements for more than one of these three options.
(a) Criteria for Open Space within the /ECO Overlay District.
Within the /ECO overlay district, a height bonus may be earned by providing open space that manages stormwater runoff, provided that the space meets the following minimum standards:
(.1) The stormwater open space shall be located within 20 ft. of Willow Street, but may be contiguous to other integrated surface stormwater management systems.
(.2) The stormwater open space shall account for at least seventy-five percent (75%) of the lot area located within 20 ft. of Willow Street.
(.3) The stormwater open space shall be at least seventy-five percent (75%) vegetated or landscaped.
(.4) The stormwater open space shall not be more than 3 ft. above or 3 ft. below ground level.
(.5) The stormwater open space shall be open to the sky, except for arbors, trellises, trees, seating, and landscaped areas.
(.6) At least fifteen percent (15%) of the stormwater open space shall be publically accessible. In order to qualify as publicly accessible, the space must:
(.a) Include walkways, seating areas, water features, or other publicly accessible elements;
(.b) Be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m., daily; and
(.c) Have lighting with a maximum height of 15 ft. and a minimum illumination level of 2.0 maintained foot candles. One light shall be provided for every 500 sq. ft. of public space. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting).
(.7) The stormwater open space shall not be used for parking, loading, or vehicle movements, or for vehicles to access areas used for parking, loading, or other vehicle movements.
(.8) Stormwater runoff shall be managed with an integrated surface stormwater management system that includes surface features for stormwater management, promotes infiltration of stormwater runoff to the maximum degree feasible, and provides for stormwater runoff storage when infiltration is not feasible. Any on-site stormwater runoff that cannot be managed in the stormwater open space shall be managed in additional on-site stormwater management systems.
(b) Criteria for Managing Street Drainage within the /ECO Overlay District or the /CDO Overlay District. 829
Within the /ECO overlay district or /CDO overlay district, a height bonus may be earned by managing the street drainage through the installation and maintenance of one or more stormwater management systems on the property, provided that the stormwater management system maximizes the management of adjacent street drainage and manages at least 5,000 sq. ft. of impervious street drainage area in excess of applicable stormwater management requirements.
(c) Criteria for Managing Additional On-Site Stormwater within the /CDO Overlay District.
Within the /CDO overlay district, a bonus may be earned by installing and maintaining one or more stormwater management systems on the property, provided that the stormwater management system maximizes on-site stormwater management and manages at least 5,000 sq. ft. of additional stormwater runoff from the property's impervious area in excess of applicable stormwater management requirements.
(d) Criteria for Managing Additional Street Drainage and/or Additional On-Site Drainage in a surface feature within the /CDO Overlay District.
Within the /CDO overlay district, a bonus may be earned by installing and maintaining a stormwater management system that manages additional street drainage or additional on-site drainage (as defined in (b) and (c)) in a surface feature in accordance with Water Department requirements.
(e) Criteria for All Stormwater Management Bonuses.
In addition to the above criteria, all open space and stormwater management systems provided to earn a stormwater management bonus shall meet the following standards:
(.1) The Water Department shall confirm that all stormwater management systems meet the applicable stormwater management requirements of this § 14-702(14) and all other applicable stormwater management requirements.
(.2) The applicant shall execute and record a deed restriction against the property, approved as to form by the Law Department, which requires the stormwater management systems to be constructed and maintained, at a minimum, in accordance with the Water Department's stormwater management requirements for the life of the building; and which allows the City to inspect for, or demand proof of, continued compliance with those requirements. 830
(f) Bonus Building Height.
The additional building height earned by providing certain stormwater management systems is:
Open Space Management Requirements | Additional Building Height
/ECO | /CDO
The stormwater open space meets the requirements of § 14-702(14)(a) and § 14-702(14)(e) | 24 ft. | N/A
Street Drainage Management Requirements | Additional Building Height
/ECO | /CDO
The stormwater management system meets the requirements of § 14-702(14)(b) and § 14-702(14)(e) | 12 ft. for every 20% of street drainage area managed, up to a maximum of 48 ft. | 12 ft.
Additional On-Site Management Requirements | Additional Building Height
/ECO | /CDO
The stormwater management system meets the requirements of § 14-702(14)(c) and § 14-702(14)(e) | N/A | 12 ft.
Surface Feature Requirements | Additional Building Height
/ECO | /CDO
The stormwater management system meets the requirements of § 14-702(14)(d) and § 14-702(14)(e) | N/A | 12 ft.
Notes
828 | Added, Bill No. 150505 (approved December 1, 2015); amended, Bill No. 160526 (approved June 28, 2016); amended, Bill No. 190811-A (approved December 30, 2019).
829 | Amended, Bill No. 200628 (approved March 29, 2021).
830 | Amended, Bill No. 200628 (approved March 29, 2021).
(15) Through-Block Connection.
(a) Criteria.
A height bonus may be earned by creating a through-block connection within 15 ft. of the former right-of-way of Noble Street between 2nd Street and 6th Street provided that a through-block connection meets the following minimum standards. Open space provided to earn a height bonus that meets the requirements of this § 14-702(15)(a) shall count towards the required open area, but shall not be used to satisfy the bonus requirements of § 14-702(6) (Public Space).
(.1) The through-block connection shall extend between two or more public streets and shall, to the greatest extent possible, be aligned to meet existing through-block connections or public streets that exist within 15 ft. of the current or former Noble Street right-of-way.
(.2) In the event that the former right-of-way of Noble Street is not under the same ownership between two public streets, a written agreement between the record owners of the respective lots and any associated plans shall be submitted to L&I with the zoning permit application, confirming that a through-block connection will be constructed by one or more of the owners in conformance with this § 14-702(15), 832 provided that the bonus shall apply only to a single applicant's zoning permit.
(.3) The through-block connection shall be at least 24 ft. in width and unobstructed and open to the sky, not including arbors, trellises, trees, seating, and landscaped areas.
(.4) The through-block connection shall have pedestrian access and meet all public access design and engineering requirements for areas required to be accessible to those with physical impairments under the Americans with Disabilities Act and any implementing regulations adopted by the City.
(.5) Vehicular traffic and loading are allowed only if the through-block connection meets all applicable vehicular standards or regulations adopted by the City.
(.6) The through-block connection shall be open to the public at least during the hours of 8:00 a.m. to 9:00 p.m., daily.
(.7) A minimum of fifty percent (50%) of each building facade that borders the through-block connection, up to a height of at least 8 ft. above ground level, shall be improved with an active retail use or with landscaped areas, murals, or architectural details, including but not limited to windows and entrances.
(.8) Any portion of the through-block connection that abuts a surface parking area shall meet the requirements of § 14-802(5) (Parking Landscape and Screening) as though the through-block connection was a public street.
(.9) The through-block connections shall have lighting. The maximum height of the lighting shall be 15 ft. with a minimum illumination level of 2.0 maintained foot-candles. At least one light shall be provided for each 100 ft. of the through-block connection. Lighting design shall be subject to the requirements of § 14-707 (Outdoor Lighting).
(b) Bonus Building Height.
The additional building height earned by providing a through-block connection is:
Through-Block Connection Linear Footage | Additional Building Height
/ECO
200 linear ft. or less | 24 ft.
201 linear ft. to 350 linear ft. | 36 ft.
Greater than 350 linear ft. | 48 ft.
Notes
831 | Added, Bill No. 150505 (approved December 1, 2015).
832 | Enrolled bill read "...this § 15-702(15)...."; renumbered by Code editor.
(16) Green Roof.
A dwelling unit density bonus, described in § 14-702(16)(b), below, may be earned by providing a green roof on a property that meets the conditions of subsection (a) (Criteria), below.
(a) Criteria.
(.1) The building shall meet either of the following requirements:
(.a) For new buildings, the building's construction requires a minimum of 5,000 sq. ft. of earth disturbance as determined by the Water Department; or
(.b) For existing buildings or expansions of existing buildings, the building requires a minimum building footprint of 5,000 sq. ft.
(.2) The roof must be partially or completely covered with a green roof that meets the Water Department's design standards.
(.3) The applicant must execute and record a deed restriction in favor of the City, approved as to form by the Law Department, which requires the green roof to be constructed and maintained, at a minimum, in accordance with the manufacturer's guidelines, where applicable, and with Water Department standards, for the life of the building; and which allows the City to inspect the green roof for, or demand proof of, continued compliance with those requirements.
(.4) The green roof must cover at least sixty percent (60%) of the rooftop of the building wherein dwelling units are provided.
(.5) The green roof must be safely accessible and made available for inspection with reasonable notice given by the City.
(.6) The property is within an RM-1, CMX-1, CMX-2, or CMX-2.5 zoning district. 833.1
(b) Dwelling Unit Density Bonus. 834
If the conditions set forth in subsection (a), above, are met, the number of units allowed is twenty-five percent (25%) greater than would otherwise be permitted, not including any other dwelling unit density bonuses earned, then rounded down to the nearest whole number. If any other dwelling unit density bonuses are earned, the total number of dwelling units permitted shall be determined by adding all such bonuses to the number of units that would otherwise be permitted under this Code, including this Green Roof Bonus.
Notes
833 | Added, Bill No. 210075 (approved March 29, 2021).
833.1 | Renumbered and former subsection (.6) deleted, Bill No. 250523 (approved June 13, 2025).
834 | Amended, Bill No. 210474-AA (approved October 6, 2021).
(17) Public Street Enhancement Bonus.
To qualify for this bonus, a public street must meet the improvement criteria set forth in this section.
(a) Criteria.
A floor area ratio bonus may be earned for the provision of public street enhancements, provided that these enhancements meet the following minimum standards:
(.1) The street enhancements shall be located on the 1000 block of Ludlow Street between 10th Street and 11th Street and shall be aligned to meet existing public streets that exist within the current right-of-way.
(.2) The street enhancements shall be at least 30 ft. in width and unobstructed and open to the sky, not including arbors, trellises, trees, seating, and landscaped areas, notwithstanding existing building encroachments.
(.3) The street enhancements shall have pedestrian access and meet all public access design and engineering requirements adopted by the City.
(.4) Vehicular traffic and loading are allowed only if the street enhancements meet all applicable vehicular standards or regulations adopted by the City.
(.5) The street enhancements shall include:
(.a) Sidewalk Enhancements: High-quality paving materials or decorative treatments to differentiate pedestrian areas.
(.b) Pedestrian-Scale Lighting: Decorative or functional lighting to improve nighttime safety and aesthetics.
(.c) Landscaping Features: Street trees, planters, or green infrastructure to soften the streetscape.
(.d) Public Art: One or more permanent public art installations, murals, or artistic treatments shall be installed on the publicly visible facades of any parking garage located within the enhancement area.
(b) Floor Area Ratio Bonus.
(.1) In addition to the maximum floor area ratio otherwise available pursuant to this Chapter, the floor area ratio earned by providing a street enhancement is:
Street Enhancement Linear Footage | Additional FAR
/CMX-5
200 linear ft. to 249 liner ft. | 200%
Over 250 linear ft. | 300%
(c) Approval Criteria.
(.1) Streets Department Review.
(.a) In addition to the qualifying criteria of § 14-702(17), L&I shall not issue a building permit until the Street Department has reviewed and approved the street enhancements subject to this bonus.
(.b) The Department shall have 30 days upon receipt of an application to review all proposed street enhancements subject to this bonus; after the 30-day review period has passed, the approval of the Department shall be presumed.
Notes
834.1 | Added, Bill No. 250436-A (approved July 1, 2025); amended, Bill No. 260530 (approved June 23, 2026).
Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-293000Fetched: 10/27/2026