(C0100-19; C0035-20; amended as part of October 2021 update. Formerly 12-560)
(a) 
The city council may grant, by petition, permits to project on or over the public way, as the public good requires and subject to terms and conditions as it sees fit, to such parties deemed appropriate, subject to the provisions of these Revised Ordinances and applicable state statutes.
(b) 
The reasons for requiring a permit to project on or over the public way are to:
(1) 
Identify where projections over the public way in the city are located;
(2) 
Insure that all projections over the public way are properly maintained so that they do not become public nuisances or public safety hazards; and
(3) 
Indemnify the city against any and all damages, cost or expenses which it may sustain, or be required to pay due to issues associated with projections over the public way.
(C0100-19; amended as part of October 2021 update. Formerly 12-561)
(a) 
With the exception of banners hanging on a building, no party shall erect, replace or alter any sign, awning, canopy or other structure projecting into or over the public way without first obtaining a permit to project on or over the public way from the city council.
(b) 
If a projection over the public way was erected, replaced or altered in any way without first obtaining a permit to project on or over the public way from the city council, the city clerk, as the agent for the city council, shall notify the property owner of such violation in writing. The property owner or their tenant shall have five (5) days to either:
(1) 
Remove said projection; or
(2) 
File the required application for a permit to project on or over the public way. If such petition is not approved for any reason, the city clerk shall notify the property owner, in writing, that such projection must be removed in five (5) days.
(c) 
Failure to address the issues identified in the notices received from the city clerk under this subsection in a timely manner shall cause the property owner to be subject to fines in accordance with Section 12-542(g) of this Division.
(C0100-19; C0035-20; amended as part of October 2021 update. Formerly 12-562)
(a) 
Before applying for a permit to project on or over public way, the petitioner shall first receive approval to build such projection from the inspectional services department.
(b) 
All applications for permits to project on or over the public way pursuant to this division shall be completed, reviewed and processed in accordance with the provisions of Section 12-303 of this Chapter with the following additions/modifications:
(1) 
The petitioner shall also submit the following documentation with their application for a permit to project on or over the public way:
a. 
Detailed plans for the project including a sketch of the proposed structure, indicating its size, the nature of its construction and method of its support. For petitions involving awnings, a sample of the color of the awning covering shall also be provided; and
b. 
A statement from the inspectional services department that said project meets all requirements imposed on it pursuant to the state building code and these Revised Ordinances.
(c) 
Permit Conditions and Restrictions.
(1) 
All permits to project on or over the public way shall be subject to the standard license and permit conditions and restrictions for licenses and permits issued under the authority of the city council as specified in Section 12-308(a) of this Chapter.
(2) 
Construction.
a. 
Construction shall not begin until the petitioner has received:
1. 
A building permit from the inspectional services department; and
2. 
A permit to project on or over the public way from the city clerk.
b. 
Construction of all projections over the public ways shall be performed in accordance with the plans approved by inspectional services.
c. 
Upon completion of construction, the permit holder shall contact inspectional services to schedule an inspection of the projection.
(3) 
Ongoing.
a. 
The permit holder shall maintain a business liability insurance policy showing:
1. 
The city as an additional insured; and
2. 
A limit of not less than one million dollars ($1,000,000.00) per occurrence.
b. 
All projections over the public way shall be maintained in good condition to ensure public safety.
c. 
The permit holder shall conform to any directions given in regard to the projection’s maintenance by inspectional services and the city clerk.
d. 
For awnings, the covering material should be maintained as taut, not relaxed, and the covering material shall be maintained in good condition in furtherance of public aesthetics.
(4) 
The city council may impose other reasonable restrictions and conditions on individual permits to project on or over the public way as they deem necessary to protect the public safety and welfare.
(d) 
Petitions for permits to project on or over the public way shall be considered by the city council in accordance with the provisions of Section 12-309 of this Chapter with the following additions/modifications:
(1) 
Requirements for awnings projecting over the public way.
a. 
General Requirements.
1. 
Such awnings shall project a maximum of thirty-six (36) inches over the public way.
2. 
The length of such awnings shall be restricted to no more than the length of the storefront.
3. 
The scale and proportions of such awnings shall be appropriate for the building on which they are mounted as well as the adjacent structures.
4. 
When a single building has multiple awnings, such awnings shall be uniform in size, shape, material and lettering to unify the multiple storefronts within said building.
b. 
Awning Covering Colors.
Unless otherwise approved by the city council:
1. 
All such awning coverings shall be of a solid through color;
2. 
All such awning coverings shall be crimson red or black in color; and
3. 
All such awning coverings located on the same building must be the same color.
c. 
Awning Covering Materials.
1. 
Awning coverings shall not be made of shiny, high gloss, or translucent materials.
2. 
Awning-covering materials may include matte finish, vinyl coated, cotton and acrylic coated.
d. 
Signage and Graphics.
1. 
Signage and graphics applied to the awning shall be reviewed for color, scale and overall design compatibility.
2. 
Large letter sizes and messages shall not be permitted on awnings.
3. 
Lettering will only be allowed on the valance of the awning.
4. 
All lettering and logos shall not exceed eight (8) inches in height.
5. 
Lettering colors shall be black, white, gold and silver.
6. 
No advertising shall be allowed on the slope portion of the awning.
7. 
All awnings shall be restricted to cutout lettering, heat color-transfer, pressure-sensitive vinyl films or sewn appliqué signs on the apron only.
(e) 
Petitions for approved permits to project on or over the public way shall be processed in accordance with the provisions of Section 12-310 of this Chapter with the following additions/modifications:
(1) 
The city clerk shall not issue an approved permit to project on or over the public way until the petitioner has provided the city clerk with a certificate of insurance showing:
a. 
The city as an additional insured on the petitioner’s business liability insurance policy; and
b. 
A limit of not less than one million dollars ($1,000,000.00) per occurrence.
(f) 
Petitions for denied permits to project on or over the public way shall be processed in accordance with the provisions of Section 12-311 of this Chapter.
(g) 
The process used to monitor and ensure compliance with the conditions and restrictions placed on permits to project on or over the public way, as well as the possible penalties for such non-compliance, is prescribed in Section 12-313 of this Chapter with the following additions/modifications:
(1) 
All violations of this division shall be reported to the city clerk.
(2) 
No fine for a violation of this division shall be imposed until after five (5) days’ notice to correct the same has been issued, in writing, by the city clerk.
(3) 
After five (5) days, any person who violates any of the provisions of this division shall be subject to a fine in accordance with Section 1-8 of these Revised Ordinances. Each day of violation shall constitute a separate violation.
(4) 
The city clerk shall notify the city council, in writing, of all violations of this division.
(5) 
Failure to address the issues identified in the notices received from the city clerk under this division in a timely manner or repeated violations of this division may cause the city council to initiate permit revocation proceedings.
(h) 
Reviews of existing permits to project on or over the public way shall proceed in accordance with the provisions of Section 12-314 of this Chapter.
(i) 
The method used to file and process complaints regarding a permit to project over the public way is prescribed in Section 12-318.
(j) 
Revocations of existing permits to project on or over the public way shall be processed in accordance with the provisions of Section 12-316 of this Chapter with the following additions/modifications:
(1) 
If, after a duly advertised public hearing is held on such permit revocation, the city council votes to revoke a permit to project on or over the public way, the city clerk shall notify the former permit holder and the property owner in writing that said projection needs to be removed in five (5) days.
(2) 
If, after five (5) days, said projection has not been removed, the city may arrange to have said projection removed. All costs associated with such removal shall be assessed to the property owner. If the property owner fails to pay for such removal within sixty (60) days, the city may file a lien upon the property for the purpose of recovering all reasonable costs associated with such removal.