[Adopted 3-2-1964 as § 14-4 of the 1964
Code of Ordinances; amended in its entirety 2-1-1988 by L.L.
No. 2-1988]
This article shall hereafter be known and may be cited as the "Awning
Ordinance of the Village of Cedarhurst."
The purpose of this article is to promote and protect the health, welfare
and safety by regulating existing and proposed outdoor awnings of all types
in all the business zones within the Village of Cedarhurst. It is intended
to protect property values, create a more attractive economic and business
climate, enhance and protect the physical appearance of the community, preserve
the scenic and natural beauty of designated areas and provide a more enjoyable
and pleasing community. It is further intended hereby to reduce awning distractions
and obstructions that may contribute to traffic accidents, reduce hazards
that may be caused by awnings overhanging or projecting over public rights-of-ways,
provide more open space and curb the deterioration of natural and community
environment.
As used in this article, the following terms shall have the meanings
indicated:
An awning which cannot be retracted and when in its permanent position
is of the same dimensions as a retractable awning when opened.
A structure fastened to the exterior of a building which, in a closed
position, does not extend or project more than 12 inches from the face of
such building and which, when opened to its functioning position by the operation
of folding arms or other devise, is constructed so as to provide shelter or
shade.
ROLL-UP AWNINGA retractable normal sunshade awning starting from a window box or a point directly above the window and disappearing on a roller when retracted.
PULL-UP AWNINGAny other retractable awning projecting from the building which is manually pulled up to the face of the building when retracted.
No awning shall hereafter be erected, altered or repaired within the
Village of Cedarhurst except in conformity with the provisions of this article.
[Amended 11-1-1999 by L.L. No. 14-1999]
Any person who or which shall hereafter erect, replace and/or repair
an awning or cause such awning to be erected, replaced and/or repaired shall
be required to obtain from the Building Department a written permit therefor
which shall be granted under such conditions as are set forth in the Village
Code of Ordinances. An application therefor shall be made, in writing, and
shall be signed by the person making such application, and the same shall
contain a description of the awning and plans thereof indicating the materials
used in the construction thereof, the wording used hereon and the size thereof;
upon the issuance of a permit, a permit number shall be assigned and must
appear on the inside of an awning.
The fee for any permit grantable under this section shall be as set
by the Board of Trustees by resolution of a majority vote of its members present
at a Board meeting.[1]
[1]
Editor's Note: The fee schedule is on file in the village offices.
The Building Official shall have the right to compel the removal of any awning erected, altered or repaired in violation of this article or any awning which is hazardous to public safety, as noted in § 86-5 above.
Any person applying for a permit under this article shall, before the
permit is granted, file with the Building Official a liability insurance policy
in the amount of $300,000 personal liability, executed by an insurance company
authorized to do business in the State of New York and which will name the
Village of Cedarhurst as additional insured.
During the erection, alteration or repair of any awning, as permitted
under the provisions of this article, warning signs shall be posted to warn
passersby against danger from said operations.
The permittee under this article shall, upon completion of the erection,
alteration or repair of any awning for which the permit was granted, immediately
report the same to the Building Official, and the Building Official shall
thereupon immediately inspect the construction of said awning for the purposes
of enforcing the provisions of this article and assuring that said structure
is erected in a safe and workmanlike manner.
[Amended 11-1-1999 by L.L. No. 14-1999[1]]
Every awning shall be located so as not to interfere with the operations
of any exterior standpipe, stairway or exit from any building. No awning shall
be permitted above the first story of any building located in any zoned business
district or any building used or occupied by a business as a preexisting,
nonconforming use.
[1]
Editor's Note: This local law also repealed former § 86-11,
regarding permitted locations for retractable awnings.
[Amended 6-13-1989 by L.L. No. 10-1989; 11-1-1999 by L.L. No. 14-1999]
A.
All awnings shall be constructed of fabric. Supporting
frames, arms, brackets and other devices shall be constructed of incombustible
and corrosion- and mildew-resistant materials. Awnings shall only be of those
solid colors from samples located in Village Hall. All awnings shall only
be of a triangular shape, and the edges of the valances thereof shall conform
to a straight line. All other aspects of the appearance or effect upon ambiance
of awnings shall be referred to the Architectural Review Board for approval.
B.
The sample colors shall be set by the Board of Trustees
by resolution of a majority vote of its members present at a Board meeting.
[Amended 11-1-1999 by L.L. No. 14-1999]
Awnings may extend from the face of the building or storefront, whichever
it is attached, at a pitch of nine on 12 and a maximum depth of five feet
from the face of the awning to the place of attachment. No horizontal distance
perpendicular to the building shall exceed five feet. It shall be at least
seven feet above the sidewalk at the bottom of the valance. Awnings may have
a maximum valance of nine inches. The maximum height of an awning at the building
wall or place of attachment shall be four feet not including the valance.
The awning shall be no nearer than two feet to the curbline.[1]
[1]
Editor's Note: Former Section 14-4b, dealing with retractable
awnings, which immediately followed this section, was deleted 10-6-1997 by
L.L. No. 9-1997.
No awning shall be maintained over a public way so as to create a drainage
nuisance or hazard to the public.
[Added 2-2-1998 by L.L. No. 3-1998]
A.
Lettering shall be permitted on an awning, but only on
the valance thereof. Said valance may only contain the name of the owner,
trade name, principal product sold and/or the business or activity conducted
on the premises where such awning is erected.
