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HYPERLINK "http://www.phila.gov/philacode/html/_DATA/TITLE14/CHAPTER_14_1900_SIGNS/14_1901_Definitions_.html"§14-1901. Definitions.

#HYPERLINK "http://www.phila.gov/philacode/html/_DATA/TITLE14/CHAPTER_14_1900_SIGNS/14_1902_Signs_Extending_Beyond.html"§14-1902. Signs Extending Beyond the Building Line.

#HYPERLINK "http://www.phila.gov/philacode/html/_DATA/TITLE14/CHAPTER_14_1900_SIGNS/14_1903_Permits_for_Signs_Exte.html"§14-1903. Permits for Signs Extending Beyond the Building Line.

#HYPERLINK "http://www.phila.gov/philacode/html/_DATA/TITLE14/CHAPTER_14_1900_SIGNS/14_1904_Signs_Within_the_Build.html"§14-1904. Signs Within the Building Line.

#HYPERLINK "http://www.phila.gov/philacode/html/_DATA/TITLE14/CHAPTER_14_1900_SIGNS/14_1905_Administrative_Provisi.html"§14-1905. Administrative Provisions.

#HYPERLINK "http://www.phila.gov/philacode/html/_DATA/TITLE14/CHAPTER_14_1900_SIGNS/14_1906_Regulations_.html"§14-1906. Regulations

(1) Definitions. In this Chapter, the following definitions apply:

(a) Commission. The Art Commission of the City.

(b) Department. The Department of Licenses and Inspections of the City.

(1) No person shall erect or maintain any sign, as defined in § 14-1901, within 200 feet of any boundary line of Roosevelt Boulevard or of Cobbs Creek Park or Parkway which is visible from any point within the boundaries of such areas unless he has first obtained a permit to do so from the Department of Licenses and Inspections.

(2) No permit to erect or maintain any sign in the above areas shall be granted unless the sign for which such permit is sought:

(a) complies in every respect with all other applicable requirements of this Code and with the regulations of the Fairmount Park Commission;

(b) has been approved by the Art Commission.

(3) Subject to the provisions of § 14-2003(4), a permit shall be granted for the continued maintenance of any sign lawfully in existence on the effective date of this Section without compliance required with any of the other provisions of this Section. 610

(4) 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. 611

(1) No person shall erect or maintain any sign, as defined in § 14-1901, within 200 feet of any boundary line of Fairmount Park in the area generally bounded by Northwestern Avenue (County Line), Stenton Avenue (County Line), Johnson Street, as extended to Stenton Avenue, and Wissahickon Avenue, as extended to Northwestern Avenue which is visible from any point within the boundaries of the above area unless he has first obtained a permit to do so from the Department of Licenses and Inspections.

(2) No permit to erect or maintain any sign in the above area shall be granted unless the sign for which such permit is sought:

(a) complies in every respect with all other applicable requirements of this Code and with the regulations of the Fairmount Park Commission;

(b) has been approved by the Art Commission.

(3) Subject to the provisions of § 14-2004(4) a permit shall be granted for the continued maintenance of any sign lawfully in existence on the effective date of this Section without compliance being required with any of the other provisions of this Section. 613

(4) 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. 614

(1) Legislative Findings. The purpose of this Section is to promote the public welfare, to preserve the historical character of the Independence Hall structures, Independence Mall, and Independence National Historical Park, to prevent the impairment of, or injury to their architectural and cultural value to the community and to the nation, and to provide that a reasonable degree of control may be exercised over the architectural design, construction, alteration, and repair of buildings, signs, or other advertising structures erected in the areas abutting thereon in order that they may be in harmony with the style and spirit of this national shrine.

(2) Definitions. In this Section the following definitions apply:

(a) Park. Independence Mall and Independence National Historical Park.

(3) Signs. 616

(a) No person shall erect or maintain any sign or other advertising structure or device on or extending over any street immediately bounding the Park; but, this Section shall not apply to any sign placed on the front of any building giving in words and/or numerals the name and brief description of the nature of the business or businesses transacted therein:

(.1) where such sign is not larger than ten square feet and does not project more than twelve inches from the face of the building;

(.2) where a larger sign is specifically authorized by the Commission as not being inconsistent with the purpose of this Section.

(b) No person shall erect or maintain any sign, billboard, roof sign, or other advertising structure or device elsewhere within 150 feet of any street bounding the Park and which is visible from any point within such boundary lines unless he has first obtained a permit so to do from the Department.

(c) No permit required under § 14-2005(3)(b) shall be issued unless the sign for which such permit is sought:

(.1) complies in every respect with all other applicable requirements of this Code;

(.2) has been approved by the Commission as complying with the intent and purpose of this Section of insuring the preservation of the historical character of and spirit of this national shrine and a style in harmony with its buildings.

(4) Buildings. 617

(a) No building or portion of the exterior thereof adjoining, or abutting any street immediately bounding the Park shall hereafter be constructed, reconstructed, erected, altered, or repaired unless a permit has been first obtained from the Department.

(b) No permit required under this Section shall be issued where any building for which such permit is sought:

(.1) will exceed 45 feet in height measured from the street grade to any cornice line within 25 feet of the established building line. Any chimney, penthouse, or other structure, whether attached to such building by its own weight or otherwise, shall be considered to be part of said building, and within 25 feet of the established building line, shall not exceed in height above the cornice line of the building the amount of its set-back from the established building line;

(.2) will extend beyond any building line now established or established in the future;

(.3) would, in the opinion of the Commission, be contrary to the intent and purpose of this Section of insuring the preservation of the historical character of and conformity to the style and spirit of this national shrine insofar as appearance, color, and materials and the architectural style and design of the exterior thereof;

(.4) fails to comply with any applicable provisions of this Title.

(c) The height limitation contained in § 14-2005(4)(b)(.1) shall not apply to any building adjoining or abutting any street immediately bounding the following portions of Independence National Historical Park:

(.1) Old Christ Church;

(.2) Franklin Court;

(.3) South of Walnut street, between Fourth and Fifth streets, except for any building fronting on Walnut street.

(1) No person shall erect or maintain any sign, as defined in § 14-1901, within 150 feet of the boundaries of Rittenhouse Square which is visible from any point within the boundaries of Rittenhouse Square.

(2) The provisions of § 14-2006(1) shall not apply to any sign lawfully in existence on the effective date of this Section.

(1) No person shall erect or maintain any sign, as defined in § 14-1901 within one hundred fifty feet of the boundaries of Washington square which is visible from any point within the boundaries of Washington square unless a permit to do so has first been obtained from the Department of Licenses and Inspections.

(2) No permit to erect or maintain any sign within one hundred fifty feet of the boundaries of Washington square which is visible from any point within the boundaries of Washington square shall be granted unless the sign for which such permit is sought has been approved by the Art Commission.

(3) When sign controls on any building, structure or upon any land located within one hundred fifty feet of the boundaries of Washington square are more restrictive through other provisions of this Title, this Section shall not be interpreted as superseding those provisions.

(4) The provisions of § 14-2006.1(1) shall not apply to any sign permanently and lawfully in existence on the effective date of the enactment of this Section.

(1) Declaration of Public Policy and Purposes.

(a) It is hereby declared as a matter of public policy that the preservation and protection of buildings, structures, sites, objects and districts of historic, architectural, cultural, archaeological, educational and aesthetic merit are public necessities and are in the interests of the health, prosperity and welfare of the people of Philadelphia.

(b) The purposes of this Section are to:

(.1) preserve buildings, structures, sites and objects which are important to the education, culture, traditions and economic values of the City;

(.2) establish historic districts to assure that the character of such districts is retained and enhanced;

(.3) encourage the restoration and rehabilitation of buildings, structures, sites and objects which are designated as historic or which are located within and contribute to the character of districts designated as historic without displacing elderly, long-term, and other residents living within those districts;

(.4) afford the City, interested persons, historical societies and organizations the opportunity to acquire or to arrange for the preservation of historic buildings, structures, sites and objects which are designated individually or which contribute to the character of historic districts;

(.5) strengthen the economy of the City by enhancing the City’s attractiveness to tourists and by stabilizing and improving property values; and

(.6) foster civic pride in the architectural, historical, cultural and educational accomplishments of Philadelphia.

(2) Definitions. The following words and phrases shall have the meaning ascribed to them in this Section:

(a) Alter or alteration. A change in the appearance of a building, structure, site or object which is not otherwise covered by the definition of demolition, or any other change for which a permit is required under The Philadelphia Code of General Ordinances. Alteration includes the reroofing, cleaning or pointing of a building, structure or object.

(b) Building. A structure, its site and appurtenances created to shelter any form of human activity.

(c) Commission. The Philadelphia Historical Commission.

(d) Construct or construction. The erection of a new building, structure or object upon an undeveloped site.

(e) Contributing building, structure, site or object. A building, structure, site or object within a district that reflects the historical or architectural character of the district as defined in the Commission’s designation.

(f) Demolition or demolish. The razing or destruction, whether entirely or in significant part, of a building, structure, site or object. Demolition includes the removal of a building, structure or object from its site or the removal or destruction of the facade or surface.

(g) Department. The Department of Licenses and Inspections.

(h) Design. Exterior features including mass, height, appearance and the texture, color, nature and composition of materials.

(i) District. A geographically definable area possessing a significant concentration, linkage, or continuity of buildings, structures, sites or objects united by past events, plan or physical development. A district may comprise an individual site or individual elements separated geographically but linked by association, plan, design or history.

(j) Historic building. A building or complex of buildings and site which is designated pursuant to this Section or listed by the Commission under the prior historic buildings ordinance approved December 7, 1955, as amended.

(k) Historic district, object, site or structure. A district, object, site or structure which is designated by the Commission pursuant to this Section.

(l) Object. A material thing of functional, aesthetic, cultural, historic or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.

(m) Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains, historical, cultural, or archaeological value regardless of the value of any existing structure.

(n) Structure. A work made up of interdependent and interrelated parts in a definite pattern of organization constructed by man and affixed to real property.

(3) The Commission. The Mayor shall appoint a Philadelphia Historical Commission consisting of the President of City Council or his designee, the Director of Commerce, Commissioner of Public Property, the Commissioner of Licenses and Inspections, the Chairman of the City Planning Commission or the Chairman’s designee, the Director of Housing or his designee, and eight other persons learned in the historic traditions of the City and interested in the preservation of the historic character of the City. At least one of the appointees shall be an architect experienced in the field of historic preservation; at least one of the appointees shall be an historian; at least one of the appointees shall be an architectural historian; at least one of the appointees shall be a real estate developer; at least one of the appointees shall be a representative of a Community Development Corporation; and at least one of the appointees shall be a representative of a community organization.

(4) Powers and Duties of the Commission. The powers and duties of the Philadelphia Historical Commission shall be as follows:

(a) Designate as historic those buildings, structures, sites and objects which the Commission determines, pursuant to the criteria set forth in subsection (5) of this Section, are significant to the City;

(b) Delineate the boundaries of and designate as historic those districts which the Commission determines, pursuant to the criteria set forth in subsection (5) of this Section, are significant to the City;

(c) Prepare and maintain or cause to be prepared and maintained a comprehensive inventory of historic buildings, structures, sites, objects, and districts;

(d) Review and act upon all applications for permits to alter or demolish historic buildings, structures, sites or objects; to alter or demolish buildings, structures, sites or objects located within historic districts, and to review and comment upon all applications for permits to construct buildings, structures or objects within historic districts as provided in this Section;

(e) Make recommendations to the Mayor and City Council concerning the use of grants, gifts and budgetary appropriations to promote the preservation of buildings, structures, site, objects or districts of historic importance to the City;

(f) Make recommendations to the Mayor and City Council that the City purchase any building, structure, site or object of historic significance where private preservation is not feasible, or that the City acquire facade easements, development rights, or any other property interest that would promote historic preservation;

(g) Increase public awareness of the value of architectural, cultural and historic preservation;

(h) Adopt rules of procedure and regulations and establish such committees as the Commission deems necessary for the conduct of its business;

(i) Keep minutes and records of all proceedings, including records of public meetings during which proposed historic designations are considered.

(5) Criteria for Designation. A building, complex of buildings, structure, site, object or district may be designated for preservation if it:

(a) Has significant character, interest or value as part of the development, heritage or cultural characteristics of the City, Commonwealth or Nation or is associated with the life of a person significant in the past; or

(b) Is associated with an event of importance to the history of the City, Commonwealth or Nation; or

(c) Reflects the environment in an era characterized by a distinctive architectural style; or

(d) Embodies distinguishing characteristics of an architectural style or engineering specimen; or

(e) Is the work of a designer, architect, landscape architect or designer, or engineer whose work has significantly influenced the historical, architectural, economic, social, or cultural development of the City, Commonwealth or Nation; or

(f) Contains elements of design, detail, materials or craftsmanship which represent a significant innovation; or

(g) Is part of or related to a square, park or other distinctive area which should be preserved according to an historic, cultural or architectural motif; or

(h) Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community or City; or

(i) Has yielded, or may be likely to yield, information important in pre-history or history; or

(j) Exemplifies the cultural, political, economic, social or historical heritage of the community.

(6) Public Notice and Meeting.

(a) At least thirty (30) days before holding a public meeting to consider the proposed designation of a building, structure, site or object as historic, the Commission shall send notice to the owner of the property proposed for designation. Such notice shall indicate the date, time and place of the public meeting at which the Commission will consider the proposed designation. Notice shall be sent to the registered owner’s last known address as the same appears in the real estate tax records of the Department of Revenue and sent to "Owner" at the street address of the property in question.

(b) At least sixty (60) days before holding a public meeting to consider the proposed designation of a district as historic, the Commission shall send written notice of the proposed designation to the owners of each building, structure, site or object within the proposed district. The notice shall indicate the date, time and place of the public meeting at which the Commission will consider the proposed designation. Notice shall be sent to the registered owner’s last known address as it appears in the real estate tax records of the Department of Revenue and sent to "Owner" at the street address of the property in question. The Commission shall publish notice of the proposed designation of a district as historic in a newspaper having general circulation within the City at least sixty (60) days before the Commission holds a public meeting to consider the proposed designation. The Commission shall post notice of the proposed designation at locations within the proposed district at least sixty (60) days before the public meeting to consider the proposed designation.

(c) Any interested party may present testimony or documentary evidence regarding the proposed designation of a building, structure, site, object or district at the public meeting of the Commission.

(d) During the sixty days prior to a Commission hearing on designation of a particular historic district, the City Planning Commission shall review and comment on creation of the district and transmit its comments to the Historical Commission to assist the Commission in making its determination.

(e) The Commission shall send written notice of the designation as historic of a building, structure, site, object, or district to the owners of each separately designated building, structure, site or object and to the owners of each building, structure, site, or object within a district designated historic, which shall include reason for the designation. Notice shall be sent to the registered owner’s last known address as the same appears in the real estate tax records of the Department of Revenue and sent to the "Owner" at the street and address of the property in question. The Commission shall send written notice of historic designation to any person appearing at the public hearing who requests notification.

(f) Any designation of a building, structure, site, object or district as historic may be amended or rescinded in the same manner as is specified for designation.

(g) The Commission shall compile a register of buildings, structures, sites, objects and districts designated as historic by the Commission which shall be available for public inspection in the offices of the Commission, the Department, and the Department of Records.

(7) Permits.

(a) Unless a permit is first obtained from the Department, no person shall alter or demolish an historic building, structure, site or object, or alter, demolish, or construct any building, structure, site or object within an historic district.

(b) When a person applies for a permit to demolish an historic building, structure, site or object or a building, structure, site or object located within an historic district, the Department shall post, within seven (7) days, notice indicating that the owner has applied for a permit to demolish the property; that the property is historic or is located within an historic district; that the application has been forwarded to the Commission for review. The notice shall be posted on each street frontage of the premises with which the notice is concerned and shall be clearly visible to the public. Posting of a notice shall not be required in the event of an emergency which requires immediate action to protect the health or safety of the public. No person shall remove the notice unless the permit is denied or the owner notifies the Department that he will not demolish the property.

(c) Before the Department may issue a permit to alter or demolish an historic building, structure, site or object, or to alter, demolish or construct a building, structure, site or object within an historic district, the permit application shall be forwarded to the Commission for its review.

(d) The Commission’s scope of review of applications for permits for construction, as defined herein, shall be limited to a forty-five (45) day period of comment.

(e) At the time that a permit application is filed with the Department for alteration, demolition or construction subject to the Commission’s review, the applicant shall submit to the Commission the plans and specifications of the proposed work, including the plans and specifications for any construction proposed after demolition and such other information as the Commission may reasonably require to exercise its duties and responsibilities under this Section.

(f) In any instance where there is a claim that a building, structure, site or object cannot be used for any purpose for which it is or may be reasonably adapted, or where a permit application for alteration, or demolition is based, in whole or in part, on financial hardship, the owner shall submit, by affidavit, the following information to the Commission:

(.1) Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased;

(.2) Assessed value of the land and improvements thereon according to the most recent assessment;

(.3) Financial information for the previous two (2) years which shall include, as a minimum, annual gross income from the property, itemized operating and maintenance expenses, real estate taxes, annual debt service, annual cash flow, the amount of depreciation taken for federal income tax purposes, and other federal income tax deductions produced;

(.4) All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property;

(.5) All listings of the property for sale or rent, price asked, and offers received, if any;

(.6) Any consideration by the owner as to profitable, adaptive uses for the property;

(.7) The Commission may further require the owner to conduct, at the owner’s expense, evaluations or studies, as are reasonably necessary in the opinion of the Commission, to determine whether the building, structure, site or object has or may have alternate uses consistent with preservation.

(g) Within sixty (60) days after receipt by the Commission of a permit application, the Commission shall determine whether or not it has any objection to the proposed alteration or demolition.

(.1) where the Commission has no objection, the Department shall grant the permit subject to the requirements of any applicable provisions of the Code and regulations and subject to any conditions of the Commission pursuant to the subsection (7)(i).

(.2) where the Commission has an objection, the Department shall deny the permit.

(.3) where the Commission acts to postpone the proposed alteration or demolition pursuant to subsection (7)(h) of this Section, the Department shall defer action on the permit application pending a final determination by the Commission approving or disapproving the application. Before taking any action, the Commission shall afford the owner an opportunity to appear before the Commission to offer any evidence the owner desires to present concerning the proposed alteration or demolition. The Commission shall inform the owner in writing of the reasons for its action.

(h) Where the Commission has determined that the purpose of this Section may best be achieved by postponing the alteration or demolition of any building, structure, site or object subject to its review, the Commission may, by resolution, defer action on a permit application for a designated period not to exceed six months from the date of the resolution. During the time that action on a permit application is deferred, the Commission shall consult with the owner, civic groups, public and private agencies, and interested parties to ascertain what may be done by the City or others to preserve the building, structure, site or object which is the subject of the permit application. When appropriate, the Commission shall make recommendations to the Mayor and City Council.

(i) The Commission may require that a permit for the alteration or demolition of any building, structure, site, or object subject to its review be issued subject to such conditions as may reasonably advance the purposes of this Section. The Department shall incorporate all such requirements of the Commission into the permit at the time of issuance. In cases where the Commission, pursuant to subsection (7)(j) of this Section, agrees to the demolition of an historic building, structure, site or object, or of a building, structure, site or object located within an historic district which contributes, in the Commission’s opinion, to the character of the district, the Commission may require that the historic building, structure, site, or object be recorded, at the owner’s expense, according to the documentation standards of the Historic American Buildings Survey and the Historic American Engineering Record (HABS/HAER) for deposit with the Commission.

(j) No permit shall be issued for the demolition of an historic building, structure, site or object, or of a building, structure, site or object located within an historic district which contributes, in the Commission’s opinion, to the character of the district, unless the Commission finds that issuance of the permit is necessary in the public interest, or unless the Commission finds that the building, structure, site or object cannot be used for any purpose for which it is or may be reasonably adapted. In order to show that building, structure, site or object cannot be used for any purpose for which it is or may be reasonably adapted, the owner must demonstrate that the sale of the property is impracticable, that commercial rental cannot provide a reasonable rate of return and that other potential uses of the property are foreclosed.

(k) In making its determination as to the appropriateness of proposed alterations, demolition or construction, the Commission shall consider the following:

(.1) The purposes of this Section;

(.2) The historical, architectural or aesthetic significance of the building, structure, site or object;

(.3) The effect of the proposed work on the building, structure, site or object and its appurtenances;

(.4) The compatibility of the proposed work with the character of the historic district or with the character of its site, including the effect of the proposed work on the neighboring structures, the surroundings and the streetscape; and

(.5) The design of the proposed work.

(.6) In addition to the above, the Commission may be guided in evaluating proposals for alteration or construction by the Secretary of the Interior’s "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" or similar criteria.

(.7) In specific cases as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Section would result in unnecessary hardship so that the spirit of this Section shall be observed and substantial justice done, subject to such terms and conditions as the Commission may decide, the Commission shall by a majority vote grant an exemption from the requirements of this Section. 621

(l) The Department shall not issue any permit for the demolition, alteration or construction of any building, structure, site or object which is being considered by the Commission for designation as historic or which is located within a district being considered by the Commission for designation as historic where the permit application is filed on or after the date that notices of proposed designation have been mailed, except that the Department may issue a permit if the Commission has approved the application or has not taken final action on designation and more than ninety (90) days have elapsed from the date the permit application was filed with the Commission. Where the Commission takes final action on designation within the time allotted herein, any permit application on file with the Department shall be deemed to have been filed after the date of the Commission’s action for purposes of this Section.

(8) Performance of Work and Maintenance.

(a) The Department shall, upon the request of the Commission, examine the buildings, structures, sites and objects designated as historic by the Commission and report to the Commission on their physical condition.

(b) All work performed pursuant to the issuance of a permit for the alteration or demolition of a building, structure, site or object subject to the Commission’s review shall conform to the requirements of such permit. It shall be the duty of the Department to inspect from time to time any work performed pursuant to such permit in order to ensure compliance. In the event that work is not being performed in accordance with the permit requirements, the Department shall issue a stop work order and all work shall cease until the work is brought into conformity with the requirements of the permit.

(c) The exterior of every historic building, structure and object and of every building, structure and object located within an historic district shall be kept in good repair as shall the interior portions of such buildings, structures and objects, neglect of which may cause or tend to cause the exterior to deteriorate, decay, become damaged or otherwise fall into a state of disrepair.

(d) The provisions of Section 14-2007 shall not be construed to prevent the ordinary maintenance or repair of any building, structure, site or object where such work does not require a permit by law and where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a building, structure, site or object and to restore the same to its condition prior to the occurrence of such deterioration, decay or damage.

(9) Enforcement. 622

(a) The Department is authorized to promulgate regulations necessary to perform its duties under this Section.

(b) The Department may issue orders directing compliance with the requirements of this Section. An order shall be served upon the owners or person determined by the Department to be violating the requirements of this Section. If the person served is not the owner of the property where the violation is deemed to exist or to have occurred, a copy of the order shall be sent to the last known address of the registered owner and a copy shall be posted on the property. Where the owner’s address is unknown, a copy of the order shall be posted on the property.

(c) Any person who violates a requirement of this Section or fails to obey an order issued by the Department shall be subject to a fine of three hundred (300) dollars.

(d) Any person who alters or demolishes a building, structure, site or object in violation of the provisions of Section 14-2007 or in violation of any conditions or requirements specified in a permit shall be required to restore the building, structure, site or object involved to its appearance prior to the violation. Such restoration shall be in addition to and not in lieu of any penalty or remedy available under the Code or any other applicable law.

(10) Appeals. Any person aggrieved by the issuance or denial of any permit reviewed by the Commission may appeal such action to the Board of License and Inspection Review. Such appeal must be filed within fifteen (15) days of the date of receipt of notification of the Commission’s action. The Board of License and Inspection Review shall give written notice of any such appeal to the Commission within three (3) days of the filing of the appeal.

(1) Legislative Findings. The Council finds that:

(a) The Southwark National Historic District which has been designated as historical and placed on the National Register of Historic Places on the 19th of May 1972 in accordance with the National Historic Preservation Act of 1966, as amended, is an important and integral part of the historic and aesthetic environment of Philadelphia; and

(b) The people of Philadelphia have a right to have this aspect of their historic and aesthetic environment protected under Article I, Section 27 of the Constitution of the Commonwealth of Pennsylvania; and

(c) The Federal government and the government of the Commonwealth of Pennsylvania have both recognized the need to control the erection and maintenance of outdoor advertising signs in areas adjacent to the interstate system of highways; and

(d) A major interstate highway lies near the Southwark National Historic District; and

(e) It is hereby declared that the provisions of subsection (3) are needed to alleviate the adverse environmental effect and adverse effect on the aesthetic environment of the construction of this interstate highway adjacent to the Southwark National Historic District.

(2) Definitions. In this Section the following definitions apply:

(a) Southwark National Historic District. Beginning at the southwest corner of Front and Lombard streets and continuing south along the west side of Front street to Catherine street; thence east on Catherine to the rear property lines of the houses on the east side of Front street (from Catherine to Queen), thence south along these property lines to the rear property lines of the houses on the north side of Queen street; thence extending along these lines east to Delaware avenue; thence south along Delaware avenue to Washington avenue; thence west along Washington avenue to the Northwest corner of 5th street and Washington avenue; thence north along the west side of 5th street (including all those buildings located on the west side of 5th street) to the southwest corner of 5th and Lombard; thence east along the south of Lombard street (including all those buildings or the south side of Lombard street) to the northwest corner of Front and Lombard streets, the place of beginning, being that area which is designated as an historical area on the National Register of Historic Places on the 19th of May, 1972.

(3) Sign Controls. No person shall erect or maintain any Animated or Flashing Sign, as defined in § 14-102(49)(a), Free-Standing Sign, as defined in § 14-102(49)(b), Portable Sign, as defined in § 14-102(49)(f), Revolving Sign, as defined in § 14-102(49)(i), or Roof Sign, as defined in § 14-102(49)(j), within the Southwark National Historic District.

(1) Legislative Purpose. The purpose of this Section is to promote the public welfare by encouraging the revitalization of deteriorating neighborhood commercial areas, to improve the aesthetic quality of these areas, and to provide that a reasonable degree of control may be exercised over the design, construction, alteration and repair of signs located in designated neighborhood commercial revitalization areas, in order to prevent further deterioration and blight and to protect surrounding neighborhoods from the adverse effect of deterioration and blight.

(2) Definitions. In addition to the definitions set forth in Section 14-102, in this Section the following definitions shall apply:

(a) Department. The Department of Licenses and Inspections.

(b) Designated Areas. Any neighborhood commercial revitalization area so designated pursuant to subsection 14-2009(4).

(c) Termination of Useful Life. The useful life of a sign shall be considered terminated when 20% or more of the surface of the sign exhibits substantial deterioration, including bent, warped, split, broken, damaged or rusted finish, chipped, peeling or faded paint and broken, damaged or rusted finish, chipped, peeling or faded paint and broken or missing sign copy.

(d) Workmanlike. Reasonably skillful.

(3) Designation of Neighborhood Commercial Revitalization Areas. Subject to the approval of Council, the Department may from time to time designate certain commercial districts within the City as neighborhood commercial revitalization areas. Designation shall take into account the potential of the district for revitalization, the size and density of the commercial area, the range of store type, the size and purchasing power of the population served, the interest of merchants within the commercial area, and the degree of physical and/or economic deterioration evident in the district.

(4) Designated Neighborhood Commercial Revitalization Areas. 625

(a) Fifty-second street, both sides, between Market street and Walnut street.

(b) Sixtieth street, both sides between Market street and Chestnut street.

(c) Point Breeze avenue, both sides, between Wharton street and Dickinson street.

(d) Columbia avenue, both sides, between Twenty-first street and Twenty-third street and Ridge avenue, both sides, between Twenty-first street and Twenty-third street.

(e) Germantown avenue between Logan and Walnut Lane. 626

(f) Chelten avenue between Baynton street and Wissahickon avenue. 627

(g) Maplewood Mall, between Germantown avenue and Greene street. 628

(h) Ridge avenue, between Hermitage and Monastery avenue. 629

(i) Main Street Manayunk National Historic District: 630 Main Street Manayunk National Historic District: Beginning at a point on the northerly side of Main street, approximately three hundred seventy feet east of Shurs lane, at the eastern boundary of Littlewoods Dyers & Bleachers (4025 Main street); thence extending northwardly approximately one hundred eighty feet along said boundary to a point of the southerly boundary of the Reading Railroad right-of-way, south of Cresson street; thence extending westwardly approximately one thousand eight hundred feet along the southerly boundary of the Reading Railroad right-of-way, to the easterly side of Roxborough avenue; thence extending westwardly approximately eight hundred fifty feet along the southerly side of Cresson street to the easterly side of Levering; thence extending north to the northerly side of Cresson street (sixty feet wide); thence extending westwardly approximately two hundred sixty feet along the northerly side of Cresson street to the easterly boundary of the waiting room and public facilities building of the Manayunk passenger station of the Reading Railroad; thence extending northwardly along the eastern boundary of said facility approximately thirty feet; thence extending westwardly along the northerly boundary of said facility approximately one hundred feet; to a point of the easterly side of Carson street; thence extending southwardly one hundred feet along the easterly side of Carson street, to a point on the southerly side of Cresson street; thence extending westwardly four hundred feet along the southerly side of Cresson street to the westerly side of Green lane; thence continuing westwardly along the southern boundary of the Reading Railroad right-of-way one hundred fifty feet to a point; thence extending southwardly crossing the Pennsylvania Railroad right-of-way, following the easterly boundary of the Manayunk substation property, one hundred fifty feet to a point on the northerly side of Main street; thence extending westwardly along the northerly side of Main street one thousand one hundred feet to the westerly side of Leverington avenue; thence continuing westwardly along the southern boundary of the Reading Railroad right-of-way approximately five thousand seven hundred feet to a point adjacent to Flack Rock Dam; thence extending southwardly, crossing the canal channel and continuing along the westerly side of the dam structure to the southern bank of the Schuylkill River; thence returning along the easterly side of the dam structure to the westerly tip of Venice Island; thence extending eastwardly along the southern shore of Venice Island nine thousand eight hundred fifty feet to the easterly tip of Venice Island at the lower lock; thence crossing the lower lock channel and continuing eastwardly approximately seven hundred feet along the north bank of the Schuylkill River to the easterly property line of 4026 Main street; thence extending northwardly along said property line approximately one hundred feet to the southerly side of Main street; thence crossing Main street sixty feet wide, to a point on the northerly side of Main street; at the eastern boundary of Littlewoods Dyers & Bleachers, the first mentioned point and place of beginning.

(j) Lansdowne avenue, between Fifty-ninth street and Sixty-third street. 631

(k) Twenty-seventh and Girard Retail District: The area bounded by the north side of Poplar street to the south, the south side of Thompson street to the north, the east side of Thirty-third street to the west, and the west side of West College avenue to the east.

(l) Germantown/Lehigh Retail District: Germantown avenue, both sides, between the south side of Cambria and south side of Adler street; West Lehigh avenue, both sides, between the east side of Eleventh street and the west side of Hutchinson street.

(m) Broad and Susquehanna Retail District: Broad street, both sides, between the south side of Susquehanna avenue and the south side of Dauphin street; Susquehanna avenue, both sides, between the west side of Broad street and the east side of Eighteenth street.

(n) Ogontz avenue Retail District: Ogontz avenue, both sides, between the north side of Washington lane and the south side of Cheltenham avenue.

(o) Lancaster avenue Retail District: Lancaster avenue, both sides, between the west side of Thirty-sixth street and the east side of Belmont Avenue.

(p) Fifty-second street Retail District: Fifty-second street, both sides, between the south side of Walnut street and north side of Locust street; Market street, both sides, between the west side of Fifty-first street and the east side of Fifty-third street.

(q) Sixtieth street Retail District: Sixtieth street, both sides, between the south side of Chestnut street and north side of Walnut street; Market street, both sides, between the west side of Fifty-ninth street and the east side of Sixty-first street.

(r) Broad and Olney Retail District: Broad street both sides between north side Tabor road, and the north side of Champlost street, Old York road, both sides, between the south side of Tabor road and the north side of Champlost street and Olney avenue, both sides, between west side of Broad street and the east side of Thirteenth street.

(s) Logan Retail District: Broad street, both sides, between south side of Wyoming avenue and the north side of Wagner street, Old York road, both sides between the south side of Wyoming avenue and the north side of Wagner street, Eleventh street, both sides, between the north side of Wyoming avenue and the north side of Louden street, Louden street, both sides, between the east side of Tenth street and the west side of Marvine street.

(t) Fifth and Lehigh Retail District: Fifth street, both sides, between north side of Lehigh avenue and the south side of Indiana avenue.

(u) Frankford and Allegheny Retail District: Frankford avenue, both sides, between north side of Lehigh avenue and the south side of Allegheny avenue, Allegheny avenue, both sides, between the east side of Jasper street and the west side of Amber street.

(v) Twenty-second and Lehigh Retail District: Twenty-second street, both sides, between the north side of Lehigh avenue and the south side of Clearfield street, Fox street, both sides between the west side of Twenty-second street and the south side of Clearfield street.

(w) Greater Kensington/Harrowgate Kensington Retail Districts: Kensington avenue, both sides, between the north side of Lehigh avenue and the north side of Tioga street, Allegheny avenue, both sides, between the west side of Jasper street and the east side of "G" street.

(x) Broad and Cecil B. Moore Retail District: Cecil B. Moore avenue, both sides, between the west side of Broad street and the east side of Twentieth street.

(5) General Sign Standard Applicable to All Designated Areas. 632

(a) Signs permitted. Only business signs relating to current building use shall be permitted. Business signs no longer relating to current building use shall be removed.

(b) Number of Signs. Only two signs shall be permitted for each business.

(c) Workmanship of signs. Fabrication of signs and sign copy shall be completed in a neat and workmanlike manner. For the purposes of this subsection, "neat and workmanlike manner" shall mean that lettering and other graphic information shall be neatly and evenly formed, surfaces shall be true and properly prepared and finished and joints shall be neatly formed.

(d) Flashing, animated or roof mounted signs shall not be permitted.

(e) Outdoor advertising signs, billboards, and non-accessory signs shall be prohibited.

(f) Projecting signs, where permitted under Section 14-2009(6), shall be subject to prior written approval of the Art Commission.

(g) All conditions not conforming to the requirements of paragraphs (a), (c), or (d) shall be removed within one year of the effective date of this Section, or for additional designated areas, within one year of the effective date of their designation.

(h) All conditions not conforming to the requirements of paragraphs (b) or (e), or to the requirements of Section 14-2009(6) relating to sign standards applicable to individual designated areas, shall be removed at the termination of the useful life of the sign Any such sign lawfully in existence on the effective date of this Section shall not be repaired, altered or moved in any substantial manner.

(6) Sign Standards Applicable to Individual Designated Areas. 633 In addition to the general standards of Section 14-2009(5), the following separate standards reflecting the unique physical, economic, social and historical context of each designated area shall apply:

(a) Fifty-second street.

(i) Signs mounted on the face of any sidewalk canopy shall be permitted, provided they are mounted parallel thereto, within the sign band structure, provided that the length of the sign shall not exceed the width of the storefront; further provided that such signs may only be illuminated by interior lighting and that the copy of such signs shall not be less than eight inches in height.

(ii) Flat wall signs parallel to the building face shall be permitted, provided that the bottom of the sign begin above the top of any canopy structure and that the copy on such signs shall not be less than six inches in height.

(iii) One storefront window mounted sign shall be permitted for each business provided that it is of a maximum area of ten square feet.

(iv) New projecting signs shall not be permitted. Existing projecting signs which will interfere with the canopy to be erected by or on behalf of the City of Philadelphia on Fifty-second street, both sides, between Market and Walnut streets, excluding the east side of Fifty-second street between Chestnut and Sansom streets, shall be removed within six (6) months of the effective date of this Section. All projecting signs, the bottoms of which extend lower than thirteen (13) feet above ground level shall be considered as interfering with the canopy.

(b) Sixtieth street.

(i) Wall signs parallel to the building face shall be permitted provided that for each building the aggregate square foot coverage shall be limited to a maximum area of four square feet for each lineal foot of store frontage, further provided that the top of such signs shall extend no higher than the bottom of the windows or projecting bay located on the second story of the building face or fifteen feet above the ground level, whichever is lower, the copy of such signs shall not be less than six inches in height.

(ii) One storefront window mounted sign shall be permitted for each business provided that it is limited to a maximum area of ten square feet.

(iii) Projecting signs shall not be permitted.

(c) Point Breeze avenue, Columbia / Ridge.

(i) Wall signs parallel to the building face shall be permitted that for each building the aggregate square foot coverage shall be limited to a maximum area of four square feet for each lineal foot of store frontage, provided that such sign shall project no more than twelve inches from the principal face of the building and that the top of such sign shall extend not higher than the bottom of the windows or projecting bay located on the second story of the building face or fifteen feet above the street line, whichever is lower. The copy on signs shall be not less than six inches in height.

(ii) One projecting sign shall be permitted for each storefront business provided that it is limited to a maximum surface area of twenty-four square feet per face and that the top of such sign shall extend no higher than the bottom of the windows located on the second story of the building face or fifteen feet from the street line, whichever is lower. The copy on such sign shall not be less than six inches in height.

(iii) One storefront window mounted sign shall be permitted for each business, provided that it is limited to a maximum area of ten square feet.

(d) Germantown avenue between Ashmead place and Walnut lane, and Greene street between School House lane and Rittenhouse street. 634

(i) Wall signs parallel to the building face shall be permitted provided that for each building the aggregate square foot coverage shall be limited to a maximum area of one and one-half square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the windows sills or projected bay located on the second story of the building face or fourteen feet above the street line, whichever is lower. In no case shall any sign exceed forty square feet in area. The copy on signs shall not be less than six inches in height. Sign materials and design shall reflect the historic character of the district. Internally illuminated box type signs shall not be permitted.

(ii) One projecting sign shall be permitted for each store front business, subject to the prior written approval of the Art Commission. Such sign shall occupy a maximum area of nine square feet per face, and the top of such sign shall extend no higher than the window sill or projecting bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. Such signs shall be non-illuminated and constructed of appropriate materials in keeping with the historic character of the district.

(iii) One story front window sign shall be permitted provided that it is limited to a maximum area of ten square feet. Such sign shall not be illuminated.

(e) Chelten avenue between Baynton street and Wissahickon avenue. 635

(i) Wall signs parallel to the building face shall be permitted provided that for each building the aggregate square foot coverage shall be limited to two square feet for each lineal foot of store frontage, provided that such sign shall project no more than twelve inches from the principal face of the building, and that the top of such sign shall extend no higher than the bottom of the windows or projecting bay located on the second story of the building face or fourteen feet above the street line, whichever is lower. In no case shall any sign exceed forty square feet in area. The copy on such signs shall not be less than six inches in height.

(ii) One projecting sign shall be permitted for each store front business, subject to the prior written approval of the Art Commission. Such sign shall occupy a maximum area of nine square feet per face, and the top of such sign shall extend no higher than the window sill or projecting bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. Such signs shall be non-illuminated.

(iii) One free-standing sign shall be permitted for each property set back twenty feet or more from the property line. Such sign shall not have more than two faces, with an area of fifty square feet per face. Such sign shall not exceed fifteen feet in height from grade level to top of sign, and shall not project beyond the building line.

(f) Maplewood Mall between Germantown avenue and Greene street. 636

(i) Wall signs parallel to the building face shall be permitted provided that for each building the aggregate square foot coverage shall be limited to a maximum area of one square foot for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projecting bay located on the second story of the building face or fourteen feet above the street line, whichever is lower. In no case shall any sign exceed twenty square feet in area. The copy on such signs shall not be less than six inches high. Internally illuminated box type signs and plastic faced signs shall not be permitted.

(ii) One projecting sign shall be permitted for each store front business subject to the prior written approval of the Art Commission. Such sign shall occupy a maximum area of nine square feet per face and the top of such sign shall extend no higher than the window sill or projecting bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. Such signs shall be non-illuminated, and constructed of traditional materials. Plastic faced signs shall be prohibited.

(iii) One store front window sign shall be permitted provided that it is limited to a maximum area of ten square feet. Such sign shall not be illuminated.

(g) Ridge avenue between Hermitage and Monastery avenue. 637

(i) Wall signs parallel to the building face shall be permitted provided that for each building the aggregate square foot coverage shall be limited to a maximum area of two square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face or fourteen feet above the street line, whichever is lower. In no case shall any sign exceed forty square feet in area. The copy on such signs shall not be less than six inches in height.

(ii) New projecting signs shall not be permitted. Existing projecting signs shall be removed within six (6) months of the effective date of this Section.

(iii) One store front window sign shall be permitted provided that it is limited to a maximum area of ten square feet. Such signs shall not be illuminated.

(iv) One free-standing sign shall be permitted for each property set back twenty feet or more from the property line. Such signs shall not have more than two faces, with an area of forty square feet per face. Such signs shall not exceed fifteen feet in height from grade level to top of sign, and shall not project beyond the building line.

(h) Main Street Manayunk National Historical District. 638

(i) Wall signs parallel to the building face shall be permitted provided that for each building the aggregate square foot coverage shall be limited to a maximum area of one and a half square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face or fourteen feet above the street line, whichever is lower. In no case shall any sign exceed forty square feet in area. The copy on such signs shall not be less than six inches in height. Sign materials and design shall reflect the historic character of the district. Internally illuminated box type signs shall not be permitted.

(ii) One projecting sign shall be permitted for each business. Such sign shall occupy a maximum area of twelve square feet per face, and the top of such sign shall extend no higher than the window sill, or projecting bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. Such signs shall be constructed of appropriate materials, in keeping with the historic character of the district. Internally illuminated box type signs shall not be permitted.

(iii) One storefront window sign shall be permitted provided that it is limited to a maximum area of ten square feet. Such signs shall be constructed of appropriate materials in keeping with the historic character of the district. Internally illuminated box type signs shall not be permitted.

(i) Lansdowne avenue, between Fifty-ninth and Sixty-third streets. 639

(i) Wall signs parallel to the building face shall be permitted, provided that for each building the aggregate square foot coverage shall be limited to a maximum area of two (2) square feet for each lineal foot of store frontage, provided that such signs shall project not more than twelve (12) inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sill or projected bay located on the second story of the building face to fourteen (14) feet above the street line, whichever is lower. In no case shall any sign exceed forty (40) square feet in area. The copy on such signs shall not be less than six inches in height.

(ii) New projecting signs shall not be permitted.

(iii) One storefront window sign shall be permitted, provided that it is limited to a maximum area of eight (8) square feet. Such signs shall not be illuminated.

(j) Twenty-seventh and Girard Retail District.

(i) Wall signs parallel to the building face shall be permitted, provided that for each building the aggregate square foot coverage shall be limited to a maximum area of two and one-half square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. In no case shall any sign exceed forty square feet in area. The copy on such signs shall not be less than six inches in height.

(ii) One projecting sign shall be permitted for each store front business provided that it is limited to a maximum surface area of twelve square feet per face and the top of such signs shall extend no higher than the bottom of the window sills or projected bay located in the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. The copy on such sign shall not be less than six inches in height.

(iii) One store front window sign shall be permitted, provided that it is limited to a maximum area of ten square feet. Internally illuminated box type signs shall not be permitted.

(iv) One free standing sign shall be permitted for each property set back twenty feet or more from the property line. Such signs shall not have more than two faces, with maximum area of forty square feet per face. Such signs shall not exceed fifteen feet in height from grade level to top of sign and shall not project beyond the building line.

(k) Germantown/Lehigh Retail District.

(i) Wall signs parallel to the building face shall be permitted provided that for each building the aggregate square foot coverage shall be limited to a maximum area of two and one-half square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. In no case shall any sign exceed forty square feet in area. The copy on such signs shall not be less than six inches in height.

(ii) New projecting signs shall not be permitted.

(iii) One store front window sign shall be permitted, provided that it is limited to a maximum area of ten square feet. Such signs shall not be illuminated.

(iv) One free standing sign shall be permitted for each property set back twenty feet or more from the property line. Such signs shall not have more than two faces, with maximum area of forty square feet per face. Such signs shall not exceed fifteen feet in height from grade level to top of sign and shall not project beyond the building line.

(l) Broad and Susquehanna Retail District.

(i) Wall signs parallel to the building face shall be permitted, provided that for each building the aggregate square foot coverage shall be limited to a maximum area of three square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. In no case shall any sign exceed forty square feet in area. The copy on such signs shall not be less than six inches in height.

(ii) New projecting signs shall not be permitted.

(iii) One store front window sign shall be permitted, provided that it is limited to a maximum area of ten square feet. Such signs shall not be illuminated.

(iv) One free standing sign shall be permitted for each property set back twenty feet or more from the property line. Such signs shall not have more than two faces, 640 with maximum area of forty square feet per face. Such signs shall not exceed fifteen feet in height from grade level to top of sign and shall not project beyond the building line.

(m) Ogontz avenue Retail District.

(i) Wall signs parallel to the building face shall be permitted, provided that for each building the aggregate square foot coverage shall be limited to a maximum area of two and one-half square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. In no case shall any sign exceed forty square feet in area. The copy on such signs shall not be less than six inches in height.

(ii) One store front window sign shall be permitted, provided that it is limited to a maximum area of ten square feet. Such signs shall not be illuminated.

(n) Lancaster avenue Retail District.

(i) Wall signs parallel to the building face shall be permitted, provided that for each building the aggregate square foot coverage shall be limited to a maximum area of two and one-half square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. In no case shall any sign exceed forty square feet in area. The copy on such signs shall not be less than six inches in height.

(ii) One projecting sign shall be permitted for each store front business, provided that it is limited to a maximum surface area of twelve square feet per face and the top of such signs shall extend no higher than the bottom of the window sills or projected bay located in the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. The copy on such sign shall not be less than six inches in height.

(iii) One store front window sign shall be permitted, provided that it is limited to a maximum area of ten square feet. Such signs shall not be illuminated.

(iv) One free standing sign shall be permitted for each property set back twenty feet or more from the property line. Such signs shall not have more than two faces, with maximum area of forty square feet per face. Such signs shall not exceed fifteen feet in height from grade level to top of sign and shall not project beyond the building line.

(o) Fifty-second Street Retail District.

(i) Wall signs parallel to the building face shall be permitted, provided that for each building the aggregate square foot coverage shall be limited to a maximum area of two and one-half square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. In no case shall any sign exceed forty square feet in area. The copy on such signs shall not be less than six inches in height.

(ii) New projecting signs shall not be permitted.

(iii) One store front window sign shall be permitted, provided that it is limited to a maximum area of ten square feet. Such signs shall not be illuminated.

(iv) One free standing sign shall be permitted for each property set back twenty feet or more from the property line. Such signs shall not have more than two faces, with maximum area of forty square feet per face. Such signs shall not exceed fifteen feet in height from grade level to top of sign and shall not project beyond the building line.

(p) Sixtieth Street Retail District.

(i) Wall signs parallel to the building face shall be permitted, provided that for each building the aggregate square foot coverage shall be limited to a maximum area of two and one-half square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. In no case shall any sign exceed forty square feet in area. The copy on such signs shall not be less than six inches in height.

(ii) New projecting signs shall not be permitted.

(iii) One store front window sign shall be permitted, provided that it is limited to a maximum area of ten square feet. Such signs shall not be illuminated.

(iv) One free standing sign shall be permitted for each property set back twenty feet or more from the property line. Such signs shall not have more than two faces, with maximum area of forty square feet per face. Such signs shall not exceed fifteen feet in height from grade level to top of sign and shall not project beyond the building line.

(q) Broad and Olney Retail District. Signs accessory to uses of the premises shall be permitted only under the following conditions:

(i) Wall signs parallel to the building face shall be permitted, provided that for each building the aggregate square foot coverage shall be limited to a minimum area of four square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever, is lower. In no case shall any sign exceed forty square feet in area, the copy of such signs shall not be less than six inches in height.

(ii) New Projecting signs shall not be permitted.

(iii) One store window sign shall be permitted provided that it is limited to a maximum area of ten square feet.

(iv) One free standing sign shall be permitted for each property set back twenty feet or more from the property line. Such signs shall not have more than two (2) faces with maximum area of forty square feet per face. Such signs shall not exceed fifteen feet in height from grade level to top of sign and shall not project beyond the building line.

(r) Logan Retail District. Signs accessory to uses of the premises shall be permitted only under the following conditions:

(i) Wall signs parallel to the building face shall be permitted provided that for each building, the aggregate square foot coverage shall be limited to a maximum area of three and one-half feet for each lineal foot of store frontage.

(ii) New projecting signs shall not be permitted.

(s) Fifth and Lehigh Retail District. Signs accessory to uses of the premises shall be permitted only under the following conditions:

(i) Wall signs parallel to the building face shall be permitted, provided that for each building the aggregate square foot coverage shall be limited to a maximum of two and one-half square feet for each linear foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such sign shall project no more than twelve inches from the principal face of the building, and that the top of such sign shall extend no higher than the bottom of the window sill or projecting bay, located on the second story of the building face or fifteen feet above the sidewalk, whichever is lower.

(ii) One (1) projecting sign shall be permitted for each storefront business, provided that it is limited to a maximum area of twelve square feet per face. The top of such sign shall extend no higher than the bottom of the window sill located on the second story of the building face or fifteen feet above the sidewalk, whichever is lower.

(iii) One (1) store window sign shall be permitted for each business provided that it is limited to a maximum of ten square feet.

(t) Frankford and Allegheny Retail District. Signs accessory to uses of the premises shall be permitted only under the following conditions:

(i) Wall signs parallel to the building face shall be permitted, provided that for each building the aggregate square foot coverage shall be limited to a maximum of two and one-half square feet for each linear foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building and that the top of such signs shall project no more than twelve inches from the principal face of the building. One (1) projecting sign shall be permitted for each storefront business, provided that it is limited to a maximum area of twelve square feet per face. The top of such sign shall extend no higher than the bottom of the window sill located on the second story of the building face or fifteen feet above the sidewalk, whichever is lower.

(ii) One (1) store window sign shall be permitted for each business provided that it is limited to a maximum of ten square feet.

(u) Twenty-second and Lehigh Retail District. Signs accessory to uses of the premises shall be permitted only under the following conditions:

(i) Wall signs parallel to the building face shall be permitted provided that for each building, the aggregate square foot coverage shall be limited to a maximum area of four square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever, is lower. In no case shall any sign exceed forty square feet in area, the copy of such signs shall not be less than six inches in height.

(ii) One (1) projecting sign shall be permitted for each storefront business, provided that it is limited to a maximum area of twelve square feet per face. The top of such sign shall extend no higher than the bottom of the window sill located on the second story of the building face or fifteen feet above the sidewalk, whichever is lower.

(iii) One (1) store window sign shall be permitted for each business, provided that it is limited to a maximum area of ten square feet.

(v) Broad and Cecil B. Moore Retail District. Signs accessory to uses of the premises shall be permitted only under the following conditions:

(i) Wall signs parallel to the building face shall be permitted provided that for each building, the aggregate square foot coverage shall be limited to a maximum area of four square feet for each lineal foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such signs shall extend no higher than the bottom of the window sills or projected bay located on the second story of the building face, or fourteen feet above the sidewalk, whichever is lower. In no case shall any sign exceed forty square feet in area, the copy of such signs shall not be less than six inches in height.

(ii) New projecting signs shall not be permitted.

(iii) Flashing, animated or roof mounted signs shall not be permitted.

(w) Greater Kensington / Harrowgate Kensington Retail District. Signs accessory to uses of the premises shall be permitted only under the following conditions:

(i) Wall signs parallel to the building face shall be permitted, provided that for each building the aggregate square foot coverage shall be limited to a maximum of two and one-half square feet for each linear foot of store frontage, provided that such signs shall project no more than twelve inches from the principal face of the building, and that the top of such sign shall extend no higher than the bottom of the window sill or projecting bay, located on the second story of the building face or fifteen feet above the sidewalk, whichever is lower.

(ii) One (1) projecting sign shall be permitted for each storefront business, provided that it is limited to a maximum area of twelve square feet per face. The top of such sign shall extend no higher than the bottom of the window sill located on the second story of the building face or fifteen feet above the sidewalk, whichever is lower.

(iii) One (1) store window sign shall be permitted for each business provided that it is limited to a maximum of ten square feet.

(7) Permits. 641

(a) No person shall erect or perform any substantial maintenance on any sign or other advertising structure or device within the designated area unless he has obtained a permit to do so from the Department.

(b) No permit required under this subsection shall be issued unless the sign for which such permit is issued complies in every respect with all other applicable requirements of the Philadelphia Code.

(1) Whenever any building, sign or other advertising structure or device is erected, altered, used, or maintained in violation of this Chapter, the Department of Licenses and Inspections may serve a written notice of such violation upon the violator directing compliance within such reasonable period, not less than 10 days, as the Department shall determine.

(2) After the expiration of the time for compliance as stated in the notice of violation, if the violation is not corrected and no appeal is pending, the Department may, in addition to invoking any other sanction or remedial procedure provided:

(a) itself or by contract correct the violation and/or order the termination of such maintenance or use; charge the cost thereof to the person responsible therefor; and, with the approval of the Law Department, collect such cost by lien and/or otherwise as may be authorized by law;

(b) apply with the approval of the Law Department to any Court of Common Pleas for relief by injunction or restraining order.

(3) In addition to any other sanction or remedial procedure provided, the penalty for violation of any provision of this Chapter is a fine not exceeding $150. for each offense, together with imprisonment not exceeding 30 days if the fine is not paid within 10 days. Continuous violation of the same provision shall be a separate violation for each day.

Notes

Adams

Allegheny

Beaver

Bedford

Berks

Blair

Bradford

Bucks

Butler

Cambria

Carbon

Centre

Chester

Clarion

Clearfield

Clinton

Columbia

Crawford

Cumberland

Dauphin

Delaware

Elk

Erie

Fayette

Franklin

Greene

Huntingdon

Indiana

Juniata

Lackawanna

Lancaster

Lawrence

Lebanon

Lehigh

Luzerne

Lycoming

Mercer

Mifflin

Monroe

Montgomery

Montour

Northampton

Northumberland

Perry

Pike

Schuylkill

Snyder

Somerset

Sullivan

Susquehanna

Union

Venango

Washington

Wayne

Westmoreland

Wyoming

York

Allentown

Altoona

Bethlehem

Chester

Coatesville

Easton

Erie

Franklin

Harrisburg

Hazleton

Hermitage

Lancaster

Lock Haven

Lower Burrell

Mckeesport

Monongahela

New Castle

Philadelphia

Pittsburgh

Pottsville

Reading

St Marys

Warren

Washington

Williamsport

York

Mt. Lebanon

Murrysville

Abington

Abington

Allen

Antis

Antrim

Armstrong

Aston

Barrett

Bensalem

Bethel

Bethlehem

Blair

Boggs

Brighton

Bristol

Buckingham

Butler

Butler

Caernarvon

Caernarvon

Caln

Cheltenham

Chippewa

College

Concord

Conewago

Coolbaugh

Cooper

Covington

Cranberry

Crescent

Cumru

Damascus

Daugherty

Derry

Doylestown

East Brandywine

East Coventry

East Hempfield

East Lampeter

East Marlborough

East Norriton

East Pennsboro

East Pikeland

East Rockhill

East Whiteland

Easttown

Elizabeth

Millcreek

Monroe

Montgomery

Moon

Morris

New Britain

New Garden

New Hanover

Newtown

North Fayette

North Franklin

North Huntingdon

Northampton

O Hara

Palmer

Paradise

Patton

Penn

Penn

Penn

Penn Hills

Pennsbury

Pine

Pine

Plymouth

Pocono

Radnor

Rapho

Richland

Richland

Ross

Rye

Sadsbury

Schuylkill

Scott

Shaler

Shrewsbury

Skippack

Smith

South Coventry

South Lebanon

South Middleton

South Strabane

Spring Garden

Springettsbury

Springfield

Springfield

Stroud

Legal Rights Question: How do the First and Fourteenth Amendments affect regulation of my business sign?

To answer this question, we'll briefly review the protections provided by the Amendments:

The First Amendment The Fourteenth Amendment The First Amendment: The First Amendment contains guarantees for some of our most basic freedoms, including freedom of speech and assembly, freedom of the press, and freedom of religious expression.

The U.S. Supreme Court has ruled that the Fourteenth Amendment to the Constitution (see below) makes the First Amendment's federal constitutional guarantees enforceable against actions of state and local government. Thus, a local government's sign code must comply with the First Amendment's guarantee of freedom of expression because signs, including a business sign that does nothing more than identify a business or advertise a product, are a constitutionally protected form of expression.

The most critical legal issue raised by a sign code is whether it regulates signs based on their content. While it is not unconstitutional per se for a sign code to regulate signs based on their content, courts evaluate "content-based" regulations under a demanding test known as "strict scrutiny." Under the strict scrutiny test, a content-based sign regulation will be upheld only if it is justified by a compelling governmental interest, and is "narrowly-tailored" to achieve that interest.

The Problem with Content-Based Regulations All sign codes contain "content-neutral" provisions that define signs by their structure or location, e.g., wall-sign, pole-sign, roof-sign, and then impose regulations on the signs that meet those definitions. Some sign codes, however, also contain regulatory provisions that define signs by their use, e.g. "identification sign," "information sign." Since the only way to determine whether a particular sign falls within the definition is to analyze the content of the message on the sign, these "use definitions" are "content-based" regulations. In other words, the content of a business sign then determines whether it is allowable for display. The problem with "use definitions" in a sign code is that such codes often contain regulations that limit the content of the message on a business sign. For example, in a recent federal case that struck down a code with these kinds of provisions, the court noted that a "directional sign" in front of a business could contain words such as "Enter Here" or "Entrance," but could not display the McDonald's "Golden Arches" logo or the words "Honda Service." The court also cited the fact that the local government had interpreted another "content-based" provision of the code to prohibit a Dodge dealership from displaying on its sign a corporate logo that designated it met the manufacturer's "Five-Star" quality standard for repair service. (See the case North Olmsted Chamber of Commerce, et al v. City of North Olmsted, 86 F.Supp.2d 755 (N.D. Ohio 2000), in the Legal Resources section.)

The bottom line: While sign codes may lawfully regulate the size, height, location, and other "physical" characteristics of business signs, regulations that define business signs by reference to their content - the message they display -- are legally suspect and may be unlawful intrusions on the business owner's constitutional rights.

The Fourteenth Amendment:

As stated above, the U.S. Supreme Court has ruled that the Fourteenth Amendment to the Constitution makes the federal constitutional guarantees contained therein enforceable against actions of state and local government. In regards on-premise signage regulation, the protection provided by the Fourteenth Amendment commonly enters the picture at the sign permit application counter.

In order to pass constitutional muster, the permitting, licensing, conditional use or variance request procedure must, at minimum, be structured to assure easy understanding of objectively based requirements. In addition, reasonable application fees, speedy decision on the application by the permitting authority, and recourse to automatic and swift appeal of any denial must be provided. A failure to provide any one of these minimum procedural requirements can give rise to a claim that the process violates the due process clause of the Fourteenth Amendment.

Because a sign is essential to communicating a business's presence and effectively competing in the marketplace, in some circumstances, a failure to provide minimum due process can raise a "prior restraint" issue. A prior restraint occurs when the right to communicate is subject to the prior discretionary approval of a government official that may be exercised to censor speech.

To the degree that government regulatory decisions affecting signs are not based solely on objective, quantitative criteria, the prior restraint issue is always potentially present in the sign permitting process. This potential makes it incumbent upon the official to act pursuant to clearly defined standards that:

strictly limit the official's discretion, and guarantee resolution of application issues within a short period of time. Failure to provide these standards may render the code unenforceable.