[Adopted as §§ 4-601 to 4-604
of the 1963 Code (Ch. 7, Art. VIII of the 1985 Code)]
No awning or canopy shall be constructed over,
above or across any street, sidewalk, avenue, alley or other public
ground without a permit issued by the Building Inspector. No such
permit shall be issued until plans and specifications for the canopy
or awning are submitted to the Building Inspector and the Building
Inspector finds that:
A.
The canopy or awning is safe.
B.
The building from which the canopy or awning is to
be suspended is sufficiently strong to carry the weight of the canopy
or awning.
C.
The canopy or awning will not be erected in violation
of any applicable ordinance.[1]
[1]
Editor's Note: The following original sections,
which immediately followed this section, were repealed 7-7-2003 by
Ord. No. 5978: § 7-282, Prohibited in certain areas, added
10-22-1970 by Ord. No. 4187 and amended 2-6-1971 by Ord. No. 4205;
§ 7-283, Specifications for awnings; and § 7-284,
Specifications for canopies.
[Added 7-7-2003 by Ord. No. 5978]
A.
It shall be unlawful to keep, construct, erect, alter
or maintain any awning or canopy over, above or across any sidewalk,
street, avenue, alley or other public grounds in the City unless:
(1)
It will be constructed of fire-resistant material
and under the supervision of the Chief of the Fire Department so as
not to present a fire hazard.
(2)
No part of it will be less than seven feet above the
level of the sidewalk.
(3)
No part of it is more than 16 feet above the level
of the sidewalk unless the awning or canopy covers a second-story
window.
(4)
No part of it will be closer than 18 inches to the
vertical plane of the back edge of the curb of any street.
(5)
No part of it will extend more than seven feet from
the face of the building or lot line adjoining any sidewalk.
B.
Notwithstanding Subsection A, it shall be unlawful to keep, construct, erect, alter or maintain any awning or canopy over, above or across the sidewalks, street, alleys or public grounds on Main Street between 17th and Central if any part thereof extends more than four feet from the face of the building or lot line adjoining any sidewalk; or on 18th Street between Broadway and Washington Street if any part thereof extends more than 6 1/2 feet from the face of the building or lot line adjoining any sidewalk; or on Broadway between 17th and Central Street if any part thereof extends more than six feet from the face of the building or lot line adjoining any sidewalk; provided, however, that on appeal to the Building Inspector awnings or canopies on Main Street between 17th and Central Street may extend to six feet from the face of the building or lot line adjoining any sidewalk if the Building Inspector finds by clear and convincing evidence that the awning or canopy would not interfere with plantings, decorations or public structures of any kind installed by the City on the street, sidewalk or right-of-way. Decisions of the Building Inspector may be appealed to the governing body.[2]
