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§ 14-1611.  Benjamin Franklin Parkway Controls. 568
   (1)   Between Broad Street and Eighteenth Street. No building, any portion of which falls within the boundary lines of the Parkway, between Broad Street and Eighteenth Street, or within 200 feet therefrom, shall be erected, altered, or used except in conformity with the following requirements:
      (a)   The main cornice line of every such building, except a church fronting on or facing toward the Parkway shall not exceed in height above the street level three times the width of its facade fronting on or visible from any point within the boundaries of the Parkway or in any event 230 feet between Broad and Seventeenth Streets and 200 feet between Seventeenth and Eighteenth Streets, and no other portion of said building, except pediment or attic wall, shall exceed the height of said cornice, unless the portion or portions above said cornice line shall recede from the plane of each exterior wall face of said building at least as far as said portion or portions extend above said line. No portion of such building, except a church, shall in any case exceed 268 feet in height above the street level between Broad and Seventeenth Streets and 245 feet above said level between Seventeenth and Eighteenth Streets.
      (b)   No such building shall be erected or altered nor shall any permit for such erection or alteration be issued until the approval of the Art Commission has been obtained. 569
   (2)   Between Fairmount Park and Eighteenth Street, Including Logan Square. No building, any portion of which falls within the boundary lines of the Parkway or Logan Square, between Fairmount Park and Eighteenth Street, or within 200 feet therefrom, shall hereafter be erected, altered, or used except in conformity with the following requirements:
      (a)   The main cornice line of every such building, except a church, shall not exceed in height above the street level the width of its facade fronting on the Parkway drive or facing toward the Parkway or Square, or in any event 80 feet, and no other portion of said building, except pediment or attic walls, shall exceed the height of such cornice, unless the portion or portions above said cornice line shall recede from the plane of each exterior wall face of said building at least as far as said portion or portions extend above said line. No portion of such building, except a church, shall in any case exceed 100 feet in height between Fairmount Park and the Crescent or 160 feet in height between the Crescent and Eighteenth Street; Provided, however, that within 200 feet outside of the boundary line of the Parkway between Twentieth Street and Fairmount Park the main cornice line of every building, except a church, shall not exceed in height above the street level the width of its facade facing toward the Parkway, or in any event 160 feet, and no other portion of such building shall exceed the height of the cornice line unless the portion or portions above the cornice line shall recede from the plane of each exterior wall face of the building at least as far as such portion extends above such line. No portion of such building within 200 feet outside of the boundary line of the Parkway between Twentieth Street and Fairmount Park, except a church, shall in any case exceed 180 feet in height.
      (b)   No such building shall be erected or altered nor shall any permit for such erection or alteration be issued until the approval of the Art Commission has been obtained. 570
   (3)   Special Height Control District. 571
      (a)   No building within the following boundaries shall exceed one hundred twenty-five (125) feet in height:
         (.1)   The area bounded by the Schuylkill River, John F. Kennedy Boulevard, North 23rd Street, Arch Street, North 22nd Street, Walden Street, North 21st Street, Cuthbert Street, North 18th Street, Vine Street, Franklin Town Boulevard, North 17th Street, Brandywine Street, North 21st Street, Fairmount Avenue, North 22nd Street, and Aspen Street, following a line extending from the center line of Aspen Street west to the Schuylkill River. 572
            (.a)   The area bounded by Arch Street, 18th Street, Cuthbert Street, and 19th Street shall not be subject to the provisions of paragraph 14-1611(3)(a)(.1) above. 573
            (.b)   The area bounded by Vine Street, 18th Street, the former Wood Street, and Franklin Town Boulevard shall not be subject to the provisions of Section 14-1611(3)(a)(.1) above, solely with respect to any monuments, belfries, cupolas, minarets, pinnacles, gables, spires, or ornamental towers not intended for human occupancy which exceed the 125 feet height restriction; however, such monuments, belfries, cupolas, minarets, pinnacles, gables, spires, or ornamental towers not intended for human occupancy shall not exceed a maximum height of two-hundred and nine (209) feet. 574
      (b)   No building with frontage on Spring Garden Street between Pennsylvania Avenue and North 18th Street or on the north side of Spring Garden Street between North 18th Street and North Broad Street shall exceed forty-five (45) feet in height.
      (c)   Conflicting Regulations. When the provisions of this subsection conflict with other provisions of this Title, the more restrictive provisions shall control.
   (4)   Signs. No person shall erect or maintain any sign, as defined in § 14-1901, within 200 feet of any boundary line of Benjamin Franklin Parkway between Broad Street and Fairmount Park which is visible from any point within the boundaries of the Parkway unless he has first obtained a permit so to do from the Department of Licenses and Inspections.
   (5)   No permit to erect or maintain any sign in this area shall be granted unless the sign for which such permit is sought:
      (a)   complies in every respect with all other applicable requirements of the Code and with the regulations of the Fairmount Park Commission;
      (b)   has been approved by the Art Commission.
   (6)   Reserved. 575
   (7)   Subject to the provisions of § 14-1611(8), 576 a permit shall be granted for the continued maintenance of any sign lawfully in existence on December 1, 1951 without compliance being required with any of the other provisions of this Section.
   (8)   Any sign lawfully in existence on the effective date of this Section shall not be repaired, altered or moved in any substantial manner unless it be made to comply with all the requirements of this Section.

 

Notes

568
   Source: 1951 Ordinances, p. 1101; as amended, 1953 Ordinances, p. 732; amended and renumbered, 1991 Ordinances, p. 1334.
569
   Amended, 1969 Ordinances, p. 1093.
570
   Amended, 1969 Ordinances, p. 1093.
571
   Added and subsequent subsections renumbered, Bill No. 060292-A (approved January 23, 2007).
572
   Amended, Bill No. 070051 (approved March 28, 2007).
573
   Added, Bill No. 080588 (approved December 22, 2008). Bill No. 080588 contains the following, applicable to this provision: "SECTION 4. Sunset provision. (1) This Ordinance shall lapse on January 1, 2011, unless, on or before such date, either: (a) A building permit has been issued pursuant to a Plan of Development approved pursuant to Section 3 hereof; provided, further, that, should such building permit or any zoning permit issued pursuant to an approved Plan of Development expire due to a failure to construct, this Ordinance shall lapse at such time; or (b) The City Planning Commission has granted an extension of up to one (1) year upon a determination by the Commission that the applicant is making substantial progress toward implementation of the approved Plan of Development."
574
   Added, Bill No. 100253-A (approved June 16, 2010).
575
   Amended, 1973 Ordinances, p. 902; amended, 1979 Ordinances, p. 949; amended, Bill No. 000350 (approved August 11, 2000), effective July 1, 2000.
576
   Enrolled bill read "§ 14-1611(7)"; reference changed by Code editor because of renumbering by Bill No. 060292-A (approved January 23, 2007).