Sec. 42-211. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building line, true building line or building line of the street mean the boundary line of the public street or highway established by the department of public works of the city.

(Code 1968, § 45-95)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 42-212. - Violations and penalties.

Every person convicted of violating any of the provisions of this article shall be punished as provided in section 1-5. Every repeated violation by such person of any provision of this article, or the continuation of the violation of any of its provisions on any one or more days succeeding the first violation thereof, shall constitute an additional violation of such provision.

(Code 1968, § 45-105)

Sec. 42-213. - Obedience to article.

No person shall place, build, erect, construct or maintain, or cause or permit to be placed, built, erected, constructed or maintained, any encroachment beyond the true building line of the streets, highways, lanes and alleys of the city, except as provided by this article.

(Code 1968, § 45-93)

Sec. 42-214. - Effect of this article on building code.

Wherever the provisions of this article are more restrictive than similar provisions of the building code of the city, the provisions of this article shall prevail.

(Code 1968, § 45-94)

Sec. 42-215. - Maintaining dangerous encroachments.

Any encroachment of any description whatsoever extending on, over, across, in, under or upon the sidewalk of any street, highway, lane or alley of the city which shall become dangerous to property or to the traveling public by reason of any cause whatsoever, shall thereby be declared a violation of this article. Any person owning or agent, lessee or tenant in charge of the premises to which such encroachment is attached shall be deemed guilty of maintaining a nuisance and of violating the provisions of this article.

(Code 1968, § 45-103)

Sec. 42-216. - Right to change, etc., permit and agreement terms.

Any permit issued by the department of licenses and inspections or any agreement entered into by the department of public works by virtue of any provisions of this article shall not constitute a binding contract upon the city, but the right is reserved to alter, change, revoke, cancel or repeal the same at all times and in any manner whatsoever.

(Code 1968, § 45-104)

Sec. 42-217. - License for erection, installation, and maintenance of encroachment beyond building line.

(a)

Upon the approval of the department of public works, the department of licenses and inspections shall issue the license or permit, as the case may be, authorizing the erection, installation, and maintenance of a fence or other encroachment beyond the building line, provided that the particular encroachment is authorized pursuant to and in accordance with the applicable provisions of this article. The department of licenses and inspections may charge a reasonable application fee, not to exceed $35.00 for the administrative costs incurred by the city in processing the application for and issuance of such a license or permit. The department of public works may adopt such rules and regulations deemed necessary to ensure that encroachments do not interfere with the safety, motor vehicle and pedestrian traffic, sanitation or adversely affect the appearance of public streets and sidewalks. An applicant for such a license or permit shall be deemed to agree to indemnify, defend, and save harmless the city from any and all claims, suits, liabilities, and costs and expenses of any kind and nature growing out of or resulting from the installation and maintenance of the encroachment. The license or permit shall be revocable by the city at will and the applicant shall obtain no rights under it. Upon notification in writing that the license or permit is revoked, the encroachment shall be removed by the licensee or permittee within 30 days, except sooner in cases of emergency as determined by the commissioner of public works, unless an extension is granted in writing; or, alternatively, the department of public works shall cause the encroachment to be removed, and any costs incurred by the city for the removal shall be collected from the owner or occupier of the abutting property, or from the licensee or permittee, as the case may be.

(b)

An annual application fee exceeding the $35.00 fee set forth in subsection (a) of this section may be charged in connection with applications to maintain an encroachment that is an outdoor dining area.

(Ord. No. 91-003(sub 1), § 1(45-95.1), 8-1-91)

Sec. 42-218. - Porches, steps, minor encroachments, etc., extending beyond building line.

(a)

No person shall erect, build, construct or maintain, or cause or permit to be erected, built, constructed or maintained, any step, porch, approach to a building, or any other inlet to a building, other than to cellars or basements as provided by this article, which shall extend more than one foot from the true building line of any street, highway, lane or alley, or portion of same, of the city lying between and including the southerly building line of Front Street and the Brandywine Creek, and the easterly building line of Walnut Street and the westerly building line of Madison Street or the Market Street Mall. Any person desiring to use the Market Street Mall or any portion thereof for a purpose not provided for by any ordinance, rule, regulation or other provision shall, not less than two weeks prior to the first day of anticipated use, request permission for such use in writing from the public works commissioner. Such request shall detail the nature of the use, the area or areas of the Market Street Mall needed, any equipment to be employed in conjunction with such use, and, if applicable, the type or types of commercial activity planned.

(b)

No person shall erect, build, construct or maintain, or cause or permit to be erected, built, constructed or maintained, any step, porch, approach to a building or any other inlet to buildings, other than to cellars or basements as provided by this article, which shall extend more than four feet from the true building line, or in any instance more than one-third of the width of the sidewalk, on any other streets, highways, lanes or alleys, or portions of same, of the city not contained within the limits set forth in subsection (a) of this section. Where steps are constructed and maintained in conformity with the provisions of this subsection, terraces covered with grass may be extended and maintained on the sidewalks beyond the building lines of the streets for like distances and conforming to the steps.

(c)

The installation, maintenance and use of an outdoor dining area is excepted from the provisions of this section, provided that prior to installation a permit is obtained in accordance with rules and regulations promulgated for their issuance.

(d)

Notwithstanding the foregoing provisions of this section, structures which are subject to review in the Market Street Mall Improvement District under article IX of this chapter, or which are located in a historic zoning district under chapter 48 of this Code, are excepted from the provisions of this section, provided that any projection extending beyond the true building line of any such structure is approved by the design review commission.

(Code 1968, § 45-96; Ord. No. 91-003(sub 1), § 2, 8-1-91; Ord. No. 92-053(sub 1), § 1(j), 7-2-92)

Sec. 42-219. - Areaways and other openings.

No person shall erect, build, construct or maintain, or cause or permit to be erected, built, constructed or maintained, any areaway, cellarway, passageway or other opening or inlet to cellars or basements, which extends beyond the true building line of any street, highway, lane or alley of the city unless a permit for the same shall have been issued by the department of licenses and inspections, and such areaway, cellarway, passageway or other opening or inlet to cellars or basements erected, built, constructed or maintained under such permit shall conform to the following regulations:

(1)

They shall not extend onto the sidewalk more than four feet from the true building line of any street, highway, lane or alley.

(2)

They shall be covered with iron doors and be so constructed as to permit closing when not in use.

(3)

When closed, the coverings, hinges and fastenings shall be flush and even with the sidewalk.

(4)

They shall not be constructed with hinges, fastenings, railings, extensions or projections of any kind that will offer obstruction to or impede public travel on and over the public sidewalks.

(5)

When open for use they shall be provided with sufficient guards to protect the public traveling on and over the public sidewalks.

(6)

They shall be kept closed at all times when not in actual use for the purpose of conveying goods, articles or merchandise to and from the cellar or basement.

(Code 1968, § 45-98)

Sec. 42-220. - Parts of buildings projecting beyond building line.

(a)

No person shall erect, build, construct or maintain, or cause or permit to be erected, built, constructed or maintained, any part of a building, or of any enlargement of a building heretofore erected, that projects beyond the building line of any street in the city, except under conditions prescribed in this section and within the limitations specified in this section or unless permission for such encroachment is granted by the department of public works. Application for permission to construct and maintain an encroachment over the public sidewalks not otherwise authorized by this section shall be made to the department of public works by the owner of the property abutting the sidewalk over which the building encroachment is desired. The permission for such construction and maintenance shall be in the form of a written agreement between the property owner and the department of public works, which agreement shall include a provision causing the property owner to indemnify the city from any and all loss, expense or damage by reason of or on account of the construction, maintenance or use of such building encroachment, and such other proper reservations as shall be required by the proper city authorities. The following projections beyond the building lines of the street shall be permissible; provided that the provisions of this article, the zoning code and building code are met:

(1)

Main cornices. The main cornice, meaning thereby a moulded projection at or near the top of a wall that faces on a street, may project beyond the building line of the street not more than three feet; provided, that such main cornice is not less than 12 feet above curb level at all points.

(2)

Window and porch cornices. Cornices of show windows and porches, including metal awning covers, may project beyond the building line of the street not more than 15 inches at a height of not less than nine feet.

(3)

Mouldings, belt courses, etc. Mouldings, belt courses, lintels, sills, architraves, quoins, rustications and similar projections of a decorative character may extend beyond the building line of the street not more than four inches when they are less than ten feet above curb level, and not more than ten inches when they are ten feet or more above curb level.

(4)

Fire escapes, etc. Fire escapes and balconies to fire towers or other required exits, constructed of steel or other incombustible materials, only when required, may project beyond the building line of the street not more than four feet; but no part of such fire escapes or balconies shall be less than ten feet above the sidewalk; provided, that nothing in this section shall prevent the use, in connection with permissible fire escapes, of movable stairs to the sidewalk, so arranged that they are more than ten feet above the sidewalk, when not in actual use. Exterior hose connections for fire extinguishing equipments or fresh air inlets for plumbing, heating, cooling or ventilating systems shall not extend beyond the building line.

(5)

Oriel or bay windows, balconies, etc. Excepting herefrom those districts that are defined in the zoning code and designated upon the zoning map for the city as commercial districts, and manufacturing districts, under conditions prescribed herein and within the limitations specified in this section, the following projections beyond the building lines of the streets shall also be permissible:

a.

Oriel or bay windows may be erected upon the front, side and rear of any building, extending beyond the building lines of the streets from any story excepting the first; provided, that in each case the outside faces thereof shall be within lines drawn from the corners of the building lot at an angle of 20 degrees with the street building line, and within a line parallel with the street building line and distant three feet therefrom.

1.

Open balconies or porches may be erected upon the front, side and rear of any building extending beyond the building lines of the streets from any story excepting the first; provided, that in each case the floor thereof shall be within lines drawn from the corners of the building lot at an angle of 20 degrees with the street building line, and where the street is not less than 60 feet in width within a line parallel with the street building line and distant five feet therefrom, and where the street is less than 60 feet in width within a line parallel with the street building line and distant 0.08 of the width of the street therefrom.

2.

Mouldings, cornices and other projections of windows, balconies or porches constructed as above shall not extend more than 12 inches beyond the lines as prescribed and the bottom of all such construction shall be at least ten feet above the sidewalk at its proper grade.

b.

Oriel or bay windows, balconies or porches may be erected on the corners of buildings extending beyond the building lines of the streets from any story excepting the first; provided, that their outside faces shall be built within a true circle, whose circumference passes within lines 18 inches outside of such building lines and parallel therewith, and all mouldings, cornices and other projections shall not extend more than 12 inches beyond such circumference; and, provided, that the bottom of such construction shall be at least ten feet above the sidewalk at its proper grade.

c.

No two bay or oriel windows upon the same story shall be built nearer to each other than five feet.

(b)

No person shall erect, build, place, construct or maintain, or cause or permit to be erected, built, placed, constructed or maintained, on, in, across, over, into or upon any street or sidewalk any bulk or projecting door, storm door, door jamb, door frame, bulk, bay, oriel or projecting window, window jamb or window frame, upon the first story of any building beyond the building line of any street in the city.

(Code 1968, § 45-99; Ord. No. 92-053(sub 1), § 32(h), 7-2-92; Ord. No. 08-003, § 1, 2-21-08)

Sec. 42-221. - Vaults under sidewalks.

No person shall open or excavate, or cause or permit to be opened or excavated, the sidewalk or footway of any street, highway, lane or alley of the city for the purpose of building or constructing any vault or space under such sidewalk unless permission for such vault or spaces is granted by the department of public works. Application for permission to construct and maintain vaults or spaces under the public sidewalks shall be made to the department of public works by the owner of the property abutting the sidewalk under which the vault or space is desired. The permission for such construction and maintenance shall be in the form of a written agreement between the property owner and the department of public works, accompanied by a satisfactory bond indemnifying the city from any and all loss, expense or damage by reason of or on account of the construction, maintenance or use of such vault or space, and such other proper reservations as shall be required by the proper city authorities.

(Code 1968, § 45-100)

Sec. 42-222. - Stepping stones.

No person shall place or maintain, or cause or permit to be placed or maintained, a stepping stone or block on the sidewalk, footway or roadway of any street, highway, lane or alley in the city.

(Code 1968, § 45-101)

Sec. 42-223. - Gates opening over sidewalks.

No person shall construct, place or maintain, or cause or permit to be constructed, placed or maintained, a fence gate, alley gate or door opening on or over the sidewalk of any street, highway, lane or alley in the city for a distance greater than two feet from the building line thereof, except where regulations of the city require such gates or doors to open outward.

(Code 1968, § 45-102)

Sec. 44-224. - Dumpsters prohibited on Shipley Street.

It shall be unlawful for any owner or agent for the owner of a property which is located along Shipley Street between 10th street and Martin Luther King Boulevard to place a dumpster on either side of the street, or on the sidewalk along either side of the street, for any purpose, further provided that:

(1)

Trash and garbage placed at curbside for collection by private collections shall be so placed no earlier than the day prior to scheduled collection.

(2)

A dumpster used in connection with a construction project for a limited period of time under a permit issued by the department of licenses and inspections shall be a lawful exception to the prohibition of this section.

Any violation of the provisions of this section shall upon conviction thereof be punishable by a fine in an amount not less than $500.00.

(Ord. No. 98-083(sub 1), § 1, 8-6-98)

Secs. 42-225—42-240. - Reserved.