§14-1611. Benjamin Franklin Parkway Controls. [337]


(1) Between Broad Street and Eighteenth Street. No building, any portion of which falls within the boundary lines of the Parkway, between Broad Street and Eighteenth Street, or within 200 feet therefrom, shall be erected, altered, or used except in conformity with the following requirements:

(a) The main cornice line of every such building, except a church fronting on or facing toward the Parkway shall not exceed in height above the street level three times the width of its facade fronting on or visible from any point within the boundaries of the Parkway or in any event 230 feet between Broad and Seventeenth Streets and 200 feet between Seventeenth and Eighteenth Streets, and no other portion of said building, except pediment or attic wall, shall exceed the height of said cornice, unless the portion or portions above said cornice line shall recede from the plane of each exterior wall face of said building at least as far as said portion or portions extend above said line. No portion of such building, except a church, shall in any case exceed 268 feet in height above the street level between Broad and Seventeenth Streets and 245 feet above said level between Seventeenth and Eighteenth Streets.

(b) No such building shall be erected or altered nor shall any permit for such erection or alteration be issued until the approval of the Art Commission has been obtained.[338]

(2) Between Fairmount Park and Eighteenth Street, Including Logan Square. No building, any portion of which falls within the boundary lines of the Parkway or Logan Square, between Fairmount Park and Eighteenth Street, or within 200 feet therefrom, shall hereafter be erected, altered, or used except in conformity with the following requirements:

(a) The main cornice line of every such building, except a church, shall not exceed in height above the street level the width of its facade fronting on the Parkway drive or facing toward the Parkway or Square, or in any event 80 feet, and no other portion of said building, except pediment or attic walls, shall exceed the height of such cornice, unless the portion or portions above said cornice line shall recede from the plane of each exterior wall face of said building at least as far as said portion or portions extend above said line. No portion of such building, except a church, shall in any case exceed 100 feet in height between Fairmount Park and the Crescent or 160 feet in height between the Crescent and Eighteenth Street; Provided, however, that within 200 feet outside of the boundary line of the Parkway between Twentieth Street and Fairmount Park the main cornice line of every building, except a church, shall not exceed in height above the street level the width of its facade facing toward the Parkway, or in any event 160 feet, and no other portion of such building shall exceed the height of the cornice line unless the portion or portions above the cornice line shall recede from the plane of each exterior wall face of the building at least as far as such portion extends above such line. No portion of such building within 200 feet outside of the boundary line of the Parkway between Twentieth Street and Fairmount Park, except a church, shall in any case exceed 180 feet in height.

(b) No such building shall be erected or altered nor shall any permit for such erection or alteration be issued until the approval of the Art Commission has been obtained.[339]

(3) Signs. No person shall erect or maintain any sign, as defined in § 14-1901, within 200 feet of any boundary line of Benjamin Franklin Parkway between Broad Street and Fairmount Park which is visible from any point within the boundaries of the Parkway unless he has first obtained a permit so to do from the Department of Licenses and Inspections.

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

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

(b) has been approved by the Art Commission.

(5) Reserved.[340]

(6) Subject to the provisions of § 14-1611(7), a permit shall be granted for the continued maintenance of any sign lawfully in existence on December 1, 1951 without compliance being required with any of the other provisions of this Section.

(7) 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.