(a) For any individual property:
(.1) The sign shall not be erected until the applicant has received the necessary permits and approvals for the public improvement required by subsection (2)(a), above.
(.2) Reserved. 769
(.3) The provisions of subsection (3), above, shall apply only for such periods of time when sixty percent (60%) or more of the property is either occupied or, in the judgment of the Commission, is being actively marketed, provided that no space shall be considered actively marketed if vacant for more than three years.
(.4) The provisions of subsection (3), above, shall not apply if the property owner is delinquent for more than six months on any taxes relating to the subject property owing to the City or the School District, or has any outstanding Code violations relating to the subject property that remain uncured more than six months after notice. A property owner shall not be considered delinquent, and a violation shall not be considered uncured, when there is pending a bona fide legal dispute concerning the tax liability or violation.
(.5) Upon failure to comply with the provisions of subsections (.3), or (.4) above, the owner of the property shall remove any sign authorized by this § 14-906 (Market Street East Sign Regulations 770 ), or, if the owner fails to do so, the Department may remove such sign and shall place a lien on the property for the costs of removal. 771
(b) Reserved. 772
(c) The individual provisions of this § 14-906 (Market Street East Sign Regulations 773 ) are not severable from the remainder of the provisions of this Code relating to the Market Street East Advertising District. Should a court of competent jurisdiction issue an order declaring any provision of this § 14-906 invalid or unenforceable, it is the intent of Council that all provisions of this Zoning Code relating to the Market Street East Advertising District would not have been adopted without such invalid or unenforceable provision and said provisions shall be null and void.
(d) Nothing in this § 14-906 (Market Street East Sign Regulations 774 ) shall permit the erection or maintenance of a sign on any lot on which sits a building designated historic under Chapter 14-1000 (Historic Preservation) unless, in addition to any requirements imposed by Chapter 14-1000 (Historic Preservation), the Historical Commission determines that the sign is consistent with historic precedent with respect to such building and the sign does not materially obscure the view of the building's key architectural, historic or character-defining features.
(e) Other than a sign permitted by any provision of this Code other than this § 14-906 (Market Street East Sign Regulations 775 ), no person shall place or maintain, or allow to be placed or maintained, within 1,000 ft. of any school, public playground, recreation center, child-care center or library, any sign advertising any tobacco product.
(f) Nothing in this § 14-906 (Market Street East Sign Regulations 776 ) is intended to supersede any requirement of The Philadelphia Code not in conflict with the provisions of this § 14-906 (Market Street East Sign Regulations 777 ), including but not limited to the requirements of Chapter 14-1000 (Historic Preservation).
Notes
| 769 | Deleted, Bill No. 150379 (approved June 18, 2015). |
| 770 | Revised by Code editor to conform to section's caption. |
| 771 | Amended, Bill No. 150379 (approved June 18, 2015). |
| 772 | Added, Bill No. 150379 (approved June 18, 2015). |
| 773 | Revised by Code editor to conform to section's caption. |
| 774 | Revised by Code editor to conform to section's caption. |
| 775 | Revised by Code editor to conform to section's caption. |
| 776 | Revised by Code editor to conform to section's caption. |
| 777 | Revised by Code editor to conform to section's caption. |