City of Evanston, WY Article V Awnings

§ 7-43 Applicability of article.

This article shall regulate the use and construction of awnings within the City.

§ 7-44 Interpretation of article.

In their interpretation and application, the provisions of this article shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. To protect the public, among other purposes, such provisions are intended to provide for safe streets and walks and protection from fire.

§ 7-45 Scope of article; conflicting provisions.

It is not intended by this article to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this article, or with private restrictions placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the City is a party. Where this article imposes a greater restriction upon buildings or structures thereon that is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this article shall control.

§ 7-46 Definitions.

[Amended by Ord. No. 81-72]

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

AWNING

A fixed or retractable awning, as defined in this section.

AWNING, FIXED

A fixed, roof-like structure, supported by posts, a frame or bracketing extending outward from the face of a building and constructed so as to provide shelter or shade.

AWNING, RETRACTABLE

A structure fastened to the exterior of a building which, in a closed position, does not extend or project more than twelve inches from the face of such building and which, when opened to its functioning position by the operation of folding arms or other device, is constructed so as to provide shelter or shade.

BUILDING INSPECTOR

The building inspector of the City.

INCOMBUSTIBLE MATERIAL

Any material which will not ignite at or below a temperature of 1200° Fahrenheit and will not continue to burn or glow at that temperature.

PUBLIC WAY

Any thoroughfare or place for public vehicular or pedestrian traffic.

§ 7-47 Compliance with article.

No awning shall be erected, altered or repaired within the City, except in conformity with the provisions of this article.

§ 7-48 Enforcement.

A. Permits.

(1) When required. No person shall erect, alter or repair, or permit to be erected, altered or repaired, any awning which projects or would project over or into a public way within the City until a permit therefor has been secured from the building inspector.

(2) Revocation. Any permit granted under the provisions of this section shall be revocable by the City when the building inspector finds the awning to be unsafe and that it is for the best interest of the City that such permit be revoked.

B. Compulsory removal. The building inspector shall have the right to compel the removal of any awning erected, altered or repaired in violation of this section.

C. Bond or insurance required. Any person applying for a permit under this section shall, before the permit is granted, file with the building inspector a continuing bond in the penal sum of one hundred thousand dollars, executed by the applicant and a surety company to be approved by the City attorney and conditioned for the faithful observance of the provisions of this article and all amendments thereto, and of all laws and ordinances relating to awnings, and which shall indemnify and save harmless the City from all damages, judgments, costs or expenses which the City may incur or suffer by reason of the granting of such permit. A liability insurance policy, issued by an insurance company authorized to do business in the state and conforming to this section, may be permitted in lieu of a bond.

D. Warning signs. During the erection, alteration or repair of any awning, as permitted under the provisions of this section, warning signs shall be posted to warn passersby against danger from such operations.

E. Inspection. Each permittee under this section 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 inspector, and the building inspector shall thereupon immediately inspect the construction of such awning for the purposes of enforcing the provisions of this article and assuring that such structure is erected in a safe and workmanlike manner.

§ 7-49 Fixed awnings.

[Amended by Ord. No. 81-72]

A. Permitted locations. Fixed awnings conforming to this article shall be permitted on any building.

B. Prohibited locations.

(1) Interference with exits, etc. Every fixed awning shall be so located as not to interfere with the operation of any exterior standpipe, stairway or exit from the building.

(2) Awning as fire escape landing. No fixed awning shall be used as a landing for any fire escape or exterior stair.

(3) Protracted window coverage. No fixed awning shall extend below the upper sixty percent of any window opening.

C. Construction.

(1) Material. Fixed awnings, including supporting frames, arms, brackets, posts and other devices, shall be constructed throughout of incombustible material or other material approved by the chief engineer of the fire department. Glass or other fragile material shall not be used in any part of a fixed awning, and any shake shingles used must be treated so as to make them fire resistant.

(2) Wind pressure and dead load requirements. Fixed awnings shall be designed and constructed to withstand a combined wind and snow live load of not less than forty pounds per square foot, applied in any direction, and to receive dead loads incidental to service performed.

(3) Rigid support. Fixed awnings shall be supported by posts or by rigid attachment of frames or brackets to the building.

(4) Corrosion and mildew prevention. Fixed awnings shall be constructed only of corrosion or mildew resisting materials, or materials adequately protected against corrosion or mildew.

(5) Drainage. When the design or location of a fixed awning is such that the drainage from the structure creates or will create a nuisance or hazard to the public, such awning shall be equipped with gutters, spouting and drains adequate to eliminate such nuisance and hazard.

(6) Length and width. There shall be no limitation on the permitted length or width of fixed awnings; provided, that they conform to the other provisions of this article.

(7) Angle of slope. No fixed awning shall extend from a building with a slope exceeding an angle of forty-five degrees or less than an angle of thirty degrees from the horizontal.

D. Projection over public ways. No part of a fixed awning, less than fourteen feet above the existing or permitted grade of a public way under such awning, shall extend closer than two feet to the vertical plane passing through the nearest curb line, and in no case shall any part of a fixed awning extend beyond the vertical plane passing through the nearest curb line.

E. Clearance over public ways.

(1) With pedestrian traffic. No part of a fixed awning projecting over a public way shall be less than seven feet above the existing or finished grade under such awning where pedestrian traffic only is a consideration.

(2) With vehicular traffic. No part of a fixed awning projecting over a public way shall be less than fourteen feet above the existing or finished grade where vehicular traffic is a consideration for clearance.

§ 7-50 Retractable awnings.

A. Permitted locations. Retractable awnings conforming to this article shall be permitted on any building.

B. Prohibited locations. Every retractable awning shall be located as not to interfere with the operation of any exterior standpipe, stairway or exit from the building.

C. Construction.

(1) Incombustible material. Retractable awnings, including supporting frames, arms, brackets and other devices, shall be constructed throughout of incombustible material.

(2) Rigid support from building. Retractable awnings shall be supported entirely from the building by rigid attachment of frames or brackets thereto.

(3) Noncorrodible framework. The framework of retractable awnings shall be constructed only of corrosion or mildew resisting materials or materials adequately protected against corrosion or mildew.

(4) Length and width. There shall be no limitation on the permitted length or width of retractable awnings; provided, that they conform to the other provisions of this article.

D. Projection over public ways. No part of a retractable awning, less than fourteen feet above the grade of a public way under such awning, shall extend closer than eighteen inches to the vertical plane passing through the nearest curb line, and in no case shall any part of a retractable awning extend beyond the vertical plane passing through the nearest curb line.

E. Clearance over public ways.

(1) With pedestrian traffic. No part of a retractable awning projecting over a public way shall be less than seven feet above the existing or finished grade under such awning when pedestrian traffic only is a consideration.

(2) With vehicular traffic. No part of a retractable awning projecting over a public way shall be less than fourteen feet above the existing or finished grade when vehicular traffic is a consideration for clearance.

F. Drainage. No awning shall be maintained over a public way so as to create a drainage nuisance or hazard to the public.

§ 7-51 Advertising.

No advertising shall be placed on any awning; except, that the name of the owner and the business, industry or pursuit conducted within the premises may be painted or otherwise permanently placed in a space not exceeding twenty-four inches in height on the front and side portions thereof or hanging from the bottom thereof; provided, that any sign attached to any awning shall comply with the clearance provisions of sections 7-49 and 7-50.

§ 7-52 Penalty.

[Amended by Ord. No. 81-41]

Any person violating any of the provisions of this article containing the regulations concerning awnings shall, upon conviction, be fined in an amount not to exceed seven hundred fifty dollars.