§ 11-603.  Projections Over the Street. 75
   (1)   Awnings. 76
      (a)   A movable awning which can be raised or lowered may be erected and maintained, provided that it does not project more than 7 feet beyond the street line and the lower edge is not less than 8 feet above the sidewalk, except that the lower edge of an awning placed on a newsstand in accordance with the requirements of subsection 9-212(5)(h) shall be no less than six (6) feet above the sidewalk when fully extended. 77
      (b)   Except in that portion of the City lying between and bounded by the Delaware River, the Schuylkill River, Pine Street and Arch Street, including both sides of the boundary streets, a rigid metal awning may be erected and maintained, provided that it does not project more than 7 feet beyond the street line and the lower edge is not less than 8 feet above the sidewalk.
      (c)   No awnings may be erected and maintained other than those specified in subsections 11-603(1)(a) and (b).
   (2)   Canopies. 78
      (a)   No person shall erect or maintain a canopy unless he has obtained a building permit from the Department of Licenses and Inspections. 79
      (b)   A temporary canopy, for use in connection with a wedding or other function, shall not require a permit if it is erected and removed within 24 hours.
      (c)   No permit shall be granted for the erection or maintenance of a canopy:
         (.1)   at the intersection or corner of any streets;
         (.2)   over the sidewalk of Chestnut Street or Walnut Street, between Delaware Avenue and the Schuylkill River.
      (d)   No permit shall be granted for the erection or maintenance of a canopy over any sidewalk or thoroughfare of the City unless:
         (.1)   the provisions of this Section and the regulations of the Department of Licenses and Inspections have been complied with;
         (.2)   the Art Commission has approved the canopy; and
         (.3)   the canopy is fireproofed in accordance with regulations of the Fire Department, or constructed of incombustible material.
      (e)   The Department of Licenses and Inspections shall issue regulations governing the erection and maintenance of canopies, designed to ensure that all canopies will be:
         (.1)   primarily for the purpose of protecting persons entering and leaving buildings;
         (.2)   structurally safe;
         (.3)   not obstructive to pedestrian or other travel;
         (.4)   adequately illuminated, where necessary; and
         (.5)   consistent with public safety.
   (3)   Marquees. 80
      (a)   No person shall erect or maintain a marquee unless he has obtained a building permit from the Department of Licenses and Inspections. 81
      (b)   No permit to erect or maintain shall be granted for a marquee over a sidewalk or other thoroughfare of the City unless:
         (.1)   the provisions of this Section and the regulations of the Department of Licenses and Inspections have been complied with; and
         (.2)   the Art Commission has approved the marquee.
      (c)   The Department of Licenses and Inspections shall make regulations governing the erection and maintenance of marquees, designed to ensure that all marquees will be:
         (.1)   structurally safe;
         (.2)   constructed so as to prevent water from dripping or flowing therefrom onto the sidewalk or roadway;
         (.3)   not obstructive of pedestrian or other travel;
         (.4)   adequately illuminated; and
         (.5)   consistent with public safety.
      (d)   Marquees shall be constructed only of metal, glass or other incombustible materials.
         (.1)   The Fire Department may make regulations concerning use of such materials.
      (e)   Subject to the provisions of subsections 11-603(3)(f) and (g) and subsection 11-606(3), a permit shall be granted for the continued maintenance of any marquee lawfully in existence on the effective date of this Chapter, without requiring compliance with the other provisions of this Chapter.
      (f)   A marquee lawfully in existence on the effective date of this Chapter shall not be substantially repaired, altered or moved unless it will comply with all the requirements of this Chapter and the regulations issued hereunder. 82
   (4)   Balconies and Bay Windows. 83
      (a)   Balconies and bay windows may be constructed provided that:
         (.1)   they do not project more than 3 feet beyond the street line;
         (.2)   the lower edge is not less than 10 feet above the sidewalk, and
         (.3)   a building permit has been obtained.
      (b)   No balcony or bay window shall:
         (.1)   have a greater frontage than 15 feet;
         (.2)   be larger than the room or space to which it is attached.
      (c)   There shall be no more than one balcony or bay window for any 25 feet of frontage, two for 38 feet of frontage, three for 63 feet of frontage and four for 88 feet of frontage, and no balconies or bay windows upon the same story shall be nearer to each other than 5 feet.
      (d)   No balcony or bay window may be erected except within lines drawn from the intersection of the party lines and the street line at an angle of 20° with the latter.
      (e)   The provisions of this Section do not apply to balconies or bay windows which do not project beyond the streetline; provided, however, no balcony or bay window shall project more than 4 feet from the wall line of the building of which it is a part.
         (.1)   The size, number, construction and structural parts of balconies or bay windows which do not project beyond the street line shall be subject to the approval of the Department of Licenses and Inspections.
   (5)   Architectural Embellishments. 84
      (a)   A building permit shall be obtained for the construction of architectural embellishments.
         (.1)   Any part of a building which projects beyond the street line shall be constructed so that it may be removed without causing the building or any part thereof to become structurally unsafe.
         (.2)   The Department of Streets and the Department of Licenses and Inspections may make additional regulations regarding the construction of parts of buildings projecting beyond the street line.
         (.3)   The Department of Streets may issue regulations as to the extent of projections beyond the street line for the protection or facilitation of pedestrian traffic, but projections greater than these specified in this Section shall not be permitted.
      (b)   Base courses shall not project beyond the street line more than one and one-fourth percent (1.25%) of the width of the street, nor more than 10 inches in any case; and they shall not extend more than 5 feet above the highest point of the sidewalk.
      (c)   Columns, pilasters and ornamental projections, including their moulding and bases, erected solely for the decorative enhancement of the building, shall not project beyond the street line more than two and one-half percent (2.5%) of the width of the street, nor more than 18 inches in any case.
      (d)   Mouldings, belt courses, lintels, sills, pediments, pents, and similar projections of a decorative character, shall not project beyond the street line more than one and one-fourth percent (1.25%) of the width of the street, nor more than 10 inches in any case.
      (e)   Rustications and quoins shall not project beyond the street line more than 4 inches.
      (f)   Balustrades of an ornamental character, including the sills and brackets on which they rest, shall not project beyond the street line more than five percent (5%) of the width of the street, nor more than 22 inches in any case; and no part of the balustrade shall be less than 10 feet above the sidewalk.
      (g)   Main cornices shall not project beyond the street line more than five percent (5%) of the width of the street nor more than 5 feet in any case; and no part of a main cornice may be less than 12 feet above the sidewalk.

 

Notes

75
   Source: 1864 Ordinances, p. 357, §§ 3, 4 and 5; 1894 Ordinances, p. 237; 1915 Ordinances, p. 311; 1919 Ordinances, p. 75; 1920 Ordinances, p. 73; 1921 Ordinances, p. 171; 1949 Ordinances, p. 780.
76
   Source: 1921 Ordinances, p. 171; 1923 Ordinances, p. 159.
77
   Amended, Bill No. 120754 (approved January 23, 2013), effective February 22, 2013.
78
   Source: 1937 Ordinances, p. 401.
79
   Amended, 1957 Ordinances, p. 384; amended, 1973 Ordinances, p. 902; amended, Bill No. 000348 (approved August 11, 2000). Section 4 of Bill No. 000348 provided that the amendments were effective July 1, 2000. Amended, Bill No. 090782 (approved January 13, 2010).
80
   Source: 1900 Ordinances, p. 75.
81
   Amended, Bill No. 090782 (approved January 13, 2010).
82
   Amended, 1973 Ordinances, p. 902; amended, 1979 Ordinances, p. 949. Former subsection (f) deleted and subsection (g) renumbered as subsection (f), Bill No. 000348 (approved August 11, 2000).
83
   Source: 1937 Ordinances, p. 433; Statutory ref.: Act of May 1, 1929, P.L. 1063, §§ 4801 et seq.
84
   Source: 1937 Ordinances, p. 433.