The Mixed-Income Housing Bonus, Bill No. 210474-A01, has been amended on the floor and is likely to be passed very soon. As such, any person this bill would affect is subject to the “pending-ordinance doctrine law.” The pending-ordinance doctrine law is a judicially created principle that allows a municipality to deny an application for property use, which, even though it is in accordance with the existing law, violates a law that is pending when the application is made.
If passed, the bill would amend Title 14 of The Philadelphia Code, entitled “Zoning and Planning.” Specifically, revisions would be made to provisions of Section 14-702, entitled “Floor Area, Height, and Housing Unit Density Bonuses.”
Which Properties Are Covered by The Mixed-Income Housing Bonus?
The proposed revisions include properties located in certain zoning districts, such as:
- RM-2
- RM-3
- RM-4
- RMX-1
- RMX-2
- RMX-3
- IRMX
- CMX-3
- CMX-4
- CMX-5
These properties earn a floor area or height bonus by multiplying the maximum total gross floor area allowed (not including any floor area earned through bonuses other than this mixed-income housing bonus) (measured in sq. ft.), by $11.30 instead of the existing $25.00 if the owner is seeking the moderate-income bonus, and by $14.60, instead of the current $40.00 if the owner is seeking the low-income bonus.
If the property is located in the zoning districts listed above, it earns a height bonus that is entirely or partially located within a Special Flood Hazard Area: by multiplying the total gross floor area (measured in sq. ft.), by $11.30, if the owner is seeking the moderate-income bonus, and by $14.60, if the owner is seeking the low-income bonus.
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) can be multiplied by $13,600 if the owner is seeking the moderate-income bonus, and by $17,700 if the owner is seeking the low-income bonus. The Dwelling Unit Density Bonuses in this § 14-702 section must be calculated and applied before, not after any other bonuses are applied and rounded as indicated in the applicable sections.
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