[Adopted 10-20-1988 (Ch.
233, Art. III, of the 1989 Code)]
Pursuant to the authority and power granted by General City
Law § 20, Subdivision 10, to grant rights to use the public
ways of the City of Plattsburgh, the Common Council of the City of
Plattsburgh does ordain and enact the following provisions.
As used in this article, the following terms shall have the
meanings indicated:
A structure affixed to the face of a building which projects
over property owned by the City of Plattsburgh, including sidewalks,
and which shelters persons passing under the awning from sun, rain
or snow.
A.
Awnings may be constructed of natural or synthetic fabrics and such
other materials as are specifically approved by the Building Inspector.
B.
Awnings shall be so constructed as to be capable of supporting a
minimum load of 40 pounds per square foot.
C.
Awnings shall not project more than seven feet from the face of the
building they are affixed to or beyond a point one foot from the inside
of the curb, whichever is less.
D.
The lowest part of an awning shall be a minimum of seven feet above
the grade of the sidewalk.
E.
Awnings shall be so affixed that they are not supported by posts
or columns.
F.
The Building Inspector may permit an awning to be supported by a
post or column to be located on a City sidewalk, and he may permit
an awning to extend more than seven feet beyond the face of the building,
if he finds that the awning is necessary to protect the public from
a danger of falling snow or ice; there is no other practical way of
protecting the public from such danger; and the posts or columns will
not interfere with pedestrian traffic or the removal of snow from
City sidewalks or streets.
G.
Lights may be used to illuminate awnings, provided that the lighting
fixtures are not visible on the outside of the awning, and the light
does not cause glare upon the street or adjacent property.
H.
Awnings shall be maintained in a safe and attractive condition.
Permanent lettering, logos, emblems and insignias are permitted
on awnings on the condition that the total area of such signage does
not exceed, when taken together with other building signage, the maximum
signage permitted under the City of Plattsburgh's Sign Ordinance[1] or 15% of the area of the horizontal plane covered by
the awning, whichever is less.
No permit shall be issued for the installation of an awning
on an historic site without the approval of the Planning Board of
the City of Plattsburgh. The Planning Board shall act upon such applications
in accordance with the procedures and standards set forth in § 270-30
of the Zoning Ordinance of the City of Plattsburgh.[1]
An awning shall be deemed to be owned by the owner of the structure
it is affixed to. The owner of said structure shall be responsible
for the installation and maintenance of such awnings in a safe condition.
Before a permit is issued for the installation of an awning, the owner
shall furnish the City with proof that insurance is in effect that
ensures the City against any loss or claim for damage or injury that
may be caused by such awning. Such insurance coverage may be provided
under a tenant's insurance policy. The type and amount of insurance
coverage required shall be determined in accordance with the City's
schedule of insurance requirements.
A.
The provisions of this chapter shall be enforced by the Building
Inspector of the City of Plattsburgh.
B.
The Building Inspector shall issue building permits for awnings.
C.
It shall be unlawful to erect an awning without a building permit.
D.
In applying for a permit, the applicant shall submit a scale drawing
of the building facade the awning will be attached to; a scale drawing
or sketch showing the method of construction and attachment of the
awning; the materials; the color; the exact signage, including type
style and letter size; the location, type and method of connection
of any lighting fixture; and such other information as the Building
Inspector deems necessary to review the application.
E.
The application fee for such permit shall be determined by resolution
of the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation violating the provisions of
this article shall be subject to a fine not to exceed $250 per day
for each day the violation continues from and after the date such
person is served with a notice of violation.
