§ 11-601. Definitions.

(1) Awning. A structure made of cloth, plastic, metal or similar materials with a metal frame not of permanent construction attached to a building and not supported by the ground or sidewalk, which projects more than 18 inches over a sidewalk or other thoroughfare, but not including signs.

(2) Balcony. A platform, enclosed by a parapet or railing, projecting from the wall of a building.

(3) Bay Window. A window above the first story extending beyond the wall of the building.

(4) Bicycle Rack. A fixed rack installed on the sidewalk for parking bicycles.

(5) Bulk Window. A window on the first story extending beyond the wall of the building.

(6) Canopy. A structure made of cloth, plastic, metal or other similar materials with a metal frame not of permanent construction, extending from a building and supported by the ground or sidewalk, projecting more than 18 inches over a sidewalk or other thoroughfare, but not including signs.

(7) Electric Vehicle. Any motor vehicle that receives motive power from a battery or other storage device that receives electricity from an external source such as a charger, and includes a Plug-in Hybrid Electric Vehicle.

(8) Electric Vehicle Charger. A device which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle.

(9) Marquee. An overhanging, substantially horizontal structure of permanent construction attached to a building, whether or not supported by the ground or sidewalk, projecting more than 18 inches over a sidewalk or other thoroughfare, but not including balconies.

(10) Pedestrian Enhancement. Any of the following:

(a) Pedestrian Plaza. An area in the cartway of a street, or in the cartway at the intersection of two or more streets, or an island within the cartway, which is closed to vehicular traffic, and made available for recreational use by pedestrians pursuant to this Chapter. The term excludes any area in or surrounded by a traffic circle.

(b) Parklet. A removable platform made available for recreational use by pedestrians that occupies a portion of a parking lane that is closed to motor vehicle parking.

(c) Bike Corral. A portion of a curbside parking lane that is closed to motor vehicle parking, and equipped with fixed racks so as to permit the parking and securing of bicycles.

(10.1) Protected Walkway. A portion of a sidewalk, roadway or street open to pedestrian traffic that is bordered by barriers adequate to protect the safety of pedestrians.

(11) Sign. A structure or device, whether or not attached to a building, which is primarily intended to advertise or communicate, including ground signs, illuminated signs, projecting signs, swinging signs, temporary signs and wall signs, but excluding:

(a) advertising matter displayed on vehicles, pedestrians or newsstands;

(b) information required by law or ordinance to be placed on structures;

(11.1) Portable Signs. Any sign that is movable and not permanently attached to a structure or the ground. Portable signs include standing or upright, A-frame, feather flag, banner, pennant, inflatable, wind-activated, and other movable signs.

(12) Vault. An underground room or space.

(13) Wheelchair Elevators. An elevator or other mechanical device designed to facilitate the transfer of a person confined to a wheelchair or otherwise physically handicapped from street or sidewalk level to the entrance of a building.

Notes

71	Added and subsequent subsections renumbered, Bill No. 100312 (approved June 23, 2010); amended, Bill No. 130950-A (approved October 1, 2014). Section 2 of Bill No. 130950-A provides: "This Ordinance shall become effective upon the issuance of implementing regulations by the Department of Streets." Implementing regulations were adopted by the Department of Streets, effective January 16, 2015.
72	Added, Bill No. 170311 (approved May 22, 2017).
73	Added and subsequent subsections renumbered, Bill No. 170311 (approved May 22, 2017).
74	Added and subsequent subsections renumbered, Bill No. 130950-A (approved October 1, 2014). See note 71 for effective date provision.
75	Added, Bill No. 161108 (approved May 22, 2017). Enrolled bill numbered this as subsection (8.1); renumbered by Code editor.
76	Added, Bill No. 170820 (approved December 12, 2017).
77	Added, 1981 Ordinances, p. 895.

§ 11-602. General Provisions.

(1) No structure, fixture, excavation, obstruction or projection shall be erected or maintained over, on, in or under any street except in accordance with the provisions of this Chapter.

§ 11-603. Projections Over the Street.

(1) Awnings.

(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.

(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.

(2) Canopies.

(a) No person shall erect or maintain a canopy unless he has obtained a building permit from the Department of Licenses and Inspections.

(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.

(.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.

(a) No person shall erect or maintain a marquee unless he has obtained a building permit from the Department of Licenses and Inspections.

(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.

(4) Balconies and Bay Windows.

(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.

(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

78	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.
79	Source: 1921 Ordinances, p. 171; 1923 Ordinances, p. 159.
80	Amended, Bill No. 120754 (approved January 23, 2013), effective February 22, 2013.
81	Source: 1937 Ordinances, p. 401.
82	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).
83	Source: 1900 Ordinances, p. 75.
84	Amended, Bill No. 090782 (approved January 13, 2010).
85	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).
86	Source: 1937 Ordinances, p. 433; Statutory ref.: Act of May 1, 1929, P.L. 1063, §§ 4801 et seq.
87	Source: 1937 Ordinances, p. 433.

§ 11-604. Encroachments Upon and Obstructions of the Streets.

(1) Building Permits. No structure listed in this Section shall be erected unless a building permit has been obtained.

(2) Bicycle Rack. A bicycle rack may be installed provided:

(a) The bicycle rack shall be installed such that the rack, including attached bicycles, does not impede upon the usable sidewalk width as determined by the Department of Streets or interfere with safe egress from any building or facility;

(b) Written permission is obtained from the abutting property owner;

(c) The owner of the bicycle rack (the owner) shall, at his/her own cost or expense, maintain and perform all necessary repairs to the bicycle rack and repair all damage resulting from the installation;

(d) The owner shall remove any abandoned bicycles, bicycle locks, and chains on a regular basis;

(e) Construction of the bicycle rack and its installation shall conform to regulations promulgated by the Department of Streets;

(f) The owner shall obtain a permit from the Department of Streets prior to installation of the bicycle racks;

(g) The owner, as a condition of the permit, agrees to release, indemnify and defend the City from all damages or claims for damages, which may arise by reason of the installation of the bicycle rack in the right-of-way.

(3) Bulk Windows.

(a) No bulk window shall be constructed which:

(.1) projects more than eighteen (18) inches into the street;

(.2) projects closer than three (3) feet to the curb line;

(.3) bears upon ground supports located within the street.

(b) A bulk window shall not:

(.1) have a frontage in excess of fifteen (15) feet;

(.2) be located within two (2) feet of another bulk window;

(.3) be located within two (2) feet of a lot line, party line, or fire division wall, or an interior partition required to have a fire resistive rating;

(.4) be larger than the room to which it is attached.

(4) Cellar Doors and Steps. No cellar door or steps shall extend closer than one foot to the curb line nor more than 4 feet 6 inches onto the sidewalk of a street 50 feet or more wide, or a proportionately smaller distance onto the sidewalk of a street less than 50 feet wide; provided that if this portion of the sidewalk is, in the opinion of the Department of Streets, necessary for pedestrian or vehicular traffic, such cellar door or steps shall be removed at the expense of the owner of the premises.

(5) Fences and Railings. No fence or railing shall extend beyond the street line so as to reduce the width of the sidewalk to less than 16 feet where the width of the street is 100 feet or more; to less than 14 feet where the width of the street is between 80 and 100 feet; to less than 12 feet where the width of the street is between 50 and 60 feet; or to less than 8 feet where the width of the street is less than 50 feet.

(a) The area enclosed by fence or railing shall be graded to conform with the City Sidewalk Grades as established by the Board of Surveyors.

(6) Porches and Verandas. No porch or veranda shall project beyond the street line.

(7) Garages. No garage shall project beyond the street line.

(8) Curb or Sidewalk Posts. Curb or sidewalk posts may be installed if the Department of Streets determines that such installations are necessary to prevent possible injury to pedestrians or damage to property by motor vehicles coming upon the footway. Such installation may be made provided such posts:

(a) extend 42 inches above the footway grade, and 2 feet below such grades;

(b) are centered not more than 10 feet apart;

(c) are centered on a line parallel with the curb lines 18 inches back of the face of the curb; except on sidewalks eight (8) feet in width or less, posts shall be centered on a line parallel with the curb lines twelve (12) inches back of the face of the curb and in no event shall be installed in front of existing steps;

(d) have an inside diameter of six (6) inches, are filled with concrete and have a metal cap; except on residential streets with sidewalks eight (8) feet in width or less, posts shall have an inside diameter of four (4) inches, be filled with concrete and have a metal cap;

(e) are not set within 2 feet of any inlet or manhole; and

(f) are installed in accordance with any regulations issued by the Department of Streets.

(9) Wheelchair Elevators.

(a) Permits.

(.1) No person may install any device as defined in subsection 11-601(11) in or upon any sidewalk within the City of Philadelphia unless a permit has been obtained from the Department of Licenses and Inspections with the approval of the Department of Streets for such a period of time as they may deem necessary and reasonable.

(.2) The Department of Licenses and Inspections shall make regulations governing the erection and maintenance of wheelchair elevators, designed to ensure that all such elevators will be:

(.a) structurally safe;

(.b) not obstructive of pedestrian or other travel;

(.c) consistent with public safety;

(.d) in conformity with the general requirements of the Zoning Code, Housing Code, Building Code, Streets Department, Electrical Code and Fire Code.

(.3) No permit to erect or maintain wheelchair elevators shall be granted in the City unless:

(.a) the provisions of this Section and the regulations of the Department of Licenses and Inspections have been complied with; and

(.b) the Art Commission has approved the wheelchair elevator.

(b) Duties and Obligations.

(.1) The Grantee shall, at his own cost or expense, maintain and perform all necessary repairs to the device to ensure its safe operation.

(.2) The Grantee shall repair all damage resulting from the installation of any such device, including damage to the footway, base course and all other existing appurtenances.

(.3) The Grantee shall furnish liability insurance against any damage to property and any injury or claims for injury (including death) to any person or persons arising out of the installation, operation, maintenance, repair, construction and removal of any such device. All insurance shall be in form, content and amount satisfactory to the City Solicitor and shall name the City of Philadelphia as a named insured. All such policies of insurance shall be endorsed to provide at least ten (10) days' written notice to the City by the insurance carrier prior to any change in or cancellation of the policies. Evidence of such insurance must be presented to the City prior to the issuance of any permit.

(10) Electric Vehicle Chargers.

(a) Permits.

(.1) No person may install any device as defined in subsection 11-601(8) in or upon any sidewalk within the City of Philadelphia unless a permit has been obtained from the Department of Licenses and Inspections with the approval of the Department of Streets for such a period of time as they may deem necessary and reasonable.

(.2) The Department of Licenses and Inspections shall make regulations governing the erection and maintenance of electric vehicle chargers, designed to ensure that all such electric vehicle chargers will be:

(.a) structurally safe;

(.b) not obstructive of pedestrian or other travel;

(.c) consistent with public safety;

(.d) in conformity with the general requirements of the Zoning Code, Housing Code, Building Code, Streets Department, Electrical Code and Fire Code.

(.3) No permit to erect or maintain an electric vehicle charger shall be granted in the City unless:

(.a) the provisions of this Section and the regulations of the Department of Licenses and Inspections have been complied with; and

(.b) the Art Commission has approved the electric vehicle charger.

(b) Duties and Obligations.

(.1) The Grantee shall, at his own cost or expense, maintain and perform all necessary repairs to the electric vehicle charger to ensure its safe operation.

(.2) The Grantee shall repair all damage resulting from the installation of any such electric vehicle charger, including damage to the footway, base course and all other existing appurtenances.

(.3) The Grantee shall furnish liability insurance against any damage to property and any injury or claims for injury (including death) to any person or persons arising out of the installation, operation, maintenance, repair, construction and removal of any such electric vehicle charger. All insurance shall be in form, content and amount satisfactory to the City Solicitor and shall name the City of Philadelphia as a named insured. All such policies of insurance shall be endorsed to provide at least ten (10) days' written notice to the City by the insurance carrier prior to any change in or cancellation of the policies. Evidence of such insurance must be presented to the City prior to the issuance of any permit.

(.4) Removal.

(.a) The Department of Streets may direct removal of an electric vehicle charger at any time for any of the following reasons:

(i) The electric vehicle charger presents a safety hazard of any kind;

(ii) The electric vehicle charger unduly disrupts pedestrian or vehicular traffic in the area;

(iii) The electric vehicle charger creates a public nuisance;

(iv) The permitee has repeat violations of the terms of its permit; or

(v) Removal of the electric vehicle charger is necessary in order to perform construction, maintenance, repairs, or other work in any portion of the right-of-way, or any abutting property.

(.b) Upon the expiration and non-renewal of a electric vehicle charger permit, or upon the direction of the Department of Streets, the permitee shall be responsible for promptly removing the electric vehicle charger and for restoring the area to its former condition. If a permitee fails to comply as directed, in addition to any other remedy authorized by this Chapter, the Department of Streets is authorized to abate the violation by removing the electric vehicle charger from the area and restoring the area to its original condition. The permitee shall be liable for the costs of such removal and restoration, including administrative costs, and the Law Department may take action to collect such costs by lien or any other method permitted by law.

(11) The Department of Streets and the Department of Licenses and Inspections may issue regulations as to the extent of the encroachments upon and obstructions of the streets for the protection or facilitation of pedestrian traffic, but encroachments upon or obstructions of the streets greater than those specified in this Section shall not be permitted.

(12) Portable Signs. Portable Signs, as defined in subsection 11-601(11.1) shall not project beyond the street line or lessen the width of the sidewalk in any way.

Notes

88	Added and subsequent subsections renumbered, Bill No. 100312 (approved June 23, 2010).
89	Source: 1864 Ordinances, p. 357, § 11, revised; amended, 1966 Ordinances, p. 572.
90	Source: 1864 Ordinances, p. 357, § 10; 1886 Ordinances, p. 104; 1891 Ordinances, p. 89.
91	Source: 1864 Ordinances, p. 357, § 11.
92	Source: New.
93	Source: 1906 Ordinances, p. 22.
94	Source: New.
95	Amended, 1961 Ordinances, p. 945; amended, 1965 Ordinances, p. 1183.
96	Added, 1981 Ordinances, p. 895.
97	Cross reference had read subsection 11-601(9); revised by Code editor to conform to Bill No. 100312 (approved June 23, 2010) and Bill No. 130950-A (approved October 1, 2014).
98	Added, Bill No. 170311 (approved May 22, 2017).
99	Added, 1966 Ordinances, p. 572; amended, 1981 Ordinances, p. 895; renumbered, Bill No. 170311 (approved May 22, 2017).
100	Added, Bill No. 170820 (approved December 12, 2017).

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