[Adopted 2-19-1987 as Part 17, Art.
1703, of the 1987 Codified Ordinances]
A.Â
In a business district or where a building extends
to the actual property line, the City Engineer may issue, in addition
to the usual permit, an additional permit for the erection of a temporary
barricade or false front which may be built on the street or sidewalk
and equipped with approved danger signals or red lights at the projecting
corners, for a period not to exceed 30 consecutive days. If a longer
period is required, such additional time may be granted by the Mayor
and Council.
B.Â
Such barricade or false front may occupy 1/3 of the
walk width or the distance between the curb and property line, not
to exceed four feet six inches. In a narrow street or alleyway where
a walk width does not exist, the barricade or false front shall not
extend into the same a greater distance than three feet.
A.Â
No porch, bay window, step or projection from any
building shall extend over the street line into any street. No basement
stairway shall be constructed in the cartway or portion of the street
used for vehicular travel, but areaways or lightways not extending
more than two feet into the cartway may be constructed when enclosed
with a wall not less than 12 inches thick and covered with an approved
grating set flush with the surface of the street. Basement stairways
or areaways, when constructed in the sidewalk, shall be covered flush
with and in all ways conform to the surface and be adequate to support
public travel.
B.Â
All porches, bay windows, steps or projections extending
over the street line into any street from the first story of any building,
and all uncovered basement stairways or areaways heretofore constructed
within the lines of any street, with or without the consent of the
City authorities, except in residence districts, where owing to grade,
terraces, supporting walls and steps, have been permitted by Council
to be constructed within the sidewalk area but not encroaching on
the actual sidewalk, are hereby declared to be obstructions to public
travel and shall be removed at the earliest practical date, taking
into consideration the character of the building, the width of the
roadway and sidewalk and the extent of public travel thereon. The
second story of a building will be construed as being at the level
of the support for the second floor of the building, which in any
event must be at least 10 feet above the sidewalk grade.
No permanent awning, shade or covering shall
be constructed and maintained from any building and extend into or
over any part of the public street or alley except awnings, the major
part of which are composed of cloth or some similar material, constructed
on a movable frame and geared to the building in such manner that
it can be raised or lowered. Such awnings may be constructed over
the sidewalk or that portion of the street between the pavement curbing
and the property line, but shall not extend farther into the same
than five feet and shall have a clearance at the lowest point thereof
at least six feet, six inches above the sidewalk. No streamer, placard
or other advertising shall be attached thereto, but a proper advertisement
may be painted thereon.
Marquees or porte-cocheres may be constructed
and maintained from the first story of commercial buildings and extend
over the street lines when constructed and maintained in the following
manner:
A.Â
They shall be supported by iron or steel beams extending
from, attached to and forming an integral part of the building and
shall also have, from the upper part of the marquee or porte-cochere
to the building, chains or rods and turnbuckles as supports or for
the purpose of ornamentation.
B.Â
Such marquee or porte-cochere at its lowest point
shall be at least 10 feet above the level of the sidewalk and shall
extend no farther over the sidewalk than three feet from the sidewalk
curb.
C.Â
The roof of a marquee or porte-cochere shall be constructed
of wire reinforced glass on a substantial metal frame.
D.Â
The marquee or porte-cochere shall be properly drained
so that the water falling on the roof thereof shall be carried back
to the building and shall be carried through the building or under
the sidewalk to the street gutter.
E.Â
The marquee or porte-cochere may be constructed over
the entire display windows or glass front, but shall in no case extend
nearer than 12 inches to the outside or partition wall.
F.Â
The outer edges or sides of each marquee or porte-cochere
shall be illuminated from dusk until 11:00 p.m. of each business day
with one 16 candle power electric light or its equivalent for each
lineal foot of border or edge. If the border is opaque, lights shall
be placed on the outside. If the border is transparent, lights may
be placed on the inside.
G.Â
Ornamental or supporting brackets may be used from
the buildings, but shall extend out on the marquee from the building
no greater distance than four feet at the top and slope back to the
building. The lowest part of the support at the building shall be
at least eight feet above the sidewalk.
[Amended 2-20-1997 by Ord. No. 1430]
Any person, firm or corporation violating any
of the provisions of this Article shall, upon conviction thereof before
a District Justice, be subject to a fine of up to $300 and costs of
prosecution and, in default of payment of such fine and costs, shall
be subject to imprisonment in the county jail for up to 90 days.