[Adopted 10-5-1978 by Ord. No. 2335 as §§ 22-26
to 22-30 of the 1978 Revised General Ordinances; amended in its entirety 6-13-2017 by Ord. No. 17-06]
As used in this article, the following terms shall have the
meanings indicated:
A light roof-like structure, supported entirely by the exterior
wall of a building, that consists of a fixed or movable frame covered
with cloth, plastic or metal and extends over doors and/or windows
with the purpose of providing protection from sun and rain and/or
embellishment of the facade.
A light, roof-like structure, other than an awning, made
of fabric, metal, or other material that is supported by columns or
posts affixed to the ground and may also be connected to a building.
A permanent structure, other than an awning or canopy, attached
to, supported by, and projecting from a building and providing protection
from the elements.
A.
Permitting requirements.
(1)
No awning of any kind shall be erected or maintained which shall
extend beyond the property line and over any street or sidewalk, or
public place, or any part thereof, unless a permit therefor shall
first have been obtained from the Construction Code Official after
the payment of a fee.
(2)
No awning, canopy, or marquee shall be erected or maintained unless
a permit therefor shall first have been obtained from the Construction
Code Official.
(3)
No permit for any such awning, canopy, or marquee shall be issued
by the Construction Code Official unless or until the proposed awning
or canopy has been reviewed and approved by the Zoning Official and
Construction Code Official.
(4)
No permit for any such awning, canopy, or marquee shall be issued
by the Construction Code Official unless such awning, canopy, or marquee
is in compliance with the applicable provisions of the uniform construction
codes.
(5)
No permit for any awning or canopy shall be issued by the Construction
Code Official unless the Construction Code Official determines, after
review by the Fire Official, that such awning or canopy will not interfere
with firefighting equipment, and specifically, if the building or
structure involved is of such height as to require the use of ladders
in the event of fire, that the location and size of the awning will
not interfere with the placement of such ladders, or that the awning
may be quickly and easily removed in such manner as not to interfere
with or delay the deployment of fire ladders.
(6)
Prior to issuing a permit for any such awning, canopy, or marquee
the applicant therefor shall submit to the Construction Code Official
a signed indemnification and hold harmless agreement, of a form approved
by the City Solicitor, in which the applicant agrees to indemnify
and hold harmless the City of Englewood, its officers, agents and
employees from any and all claims of liability, including any reasonable
attorney fees, resulting from the issuance of the permit or the erection
of any such awning.
(7)
Any permit granted hereunder may be revoked at any time by the City
of Englewood whenever, in the opinion of the Council of the City of
Englewood or the Construction Code Official, it would be in the best
interests of the citizens of Englewood to do so. Any permit issued
hereunder shall not grant to the holder thereof any permanent easement
to encroach upon the street, sidewalk or other public place but rather
shall only entitle the holder thereof to a revocable license.
(8)
Whenever the holder of the permit ceases to own or occupy the premises for which the permit is issued, the permit shall expire. Upon the expiration or revocation of the permit, any awning encroaching upon the street, sidewalk or other public place shall be removed. In the event the owner or occupant thereof fails to remove such awning after notice thereof is provided, the City may remove such awning and charge the cost of such remove as a municipal lien against the property in accordance with law. In addition, the owner of the property and the holder of the permit shall be subject to the penalties set forth in § 380-30 hereof.
(9)
The Construction Code Official shall not issue any permit hereunder
unless all of the foregoing requirements have been satisfied or unless
the City Council has, by resolution, approved such permit.
B.
Contents of application. No permit shall be issued until the applicant
therefor shall have first filed a written application setting forth
or containing the following:
(1)
Name and address of applicant.
(2)
Exact location where such awning is to be erected and maintained.
(3)
Name of the owner or lessee of the premises where such awning is
to be erected and maintained.
(4)
A statement as to whether the awning is to be a permanent or temporary
awning.
(5)
If the application is for a temporary awning, the date when the same
will be erected and removed.
(6)
A written specification describing the kind of materials to be used,
the general construction and the proposed method of anchoring the
awning.
C.
Standards.
(1)
Awnings.
(a)
Awnings shall have a minimum clearance of eight feet above the
ground.
(b)
Any awning shall not extend more than four feet from the wall
of the building or structure upon which the awning is secured.
(c)
Awnings placed on storefronts with multiple ground-floor tenants
shall be coordinated in terms of dimensions, placement, materials,
and shape.
(2)
Canopies. No portion of any canopy shall extend beyond the property
line or over any street or public sidewalk.
The Construction Code Official may issue temporary permits for
the erection and temporary maintenance of any awning and framework
designed to afford a passageway across any street or part thereof
to the property in front of which the same is erected while construction,
renovation or repair work is taking place on or near such building.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
