This article shall regulate the use and construction
of awnings within the City.
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.
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of other laws or ordinances, except those specifically repealed by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.
[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:
A fixed or retractable awning, as defined in this section.
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.
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.
The building inspector of the City.
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.
Any thoroughfare or place for public vehicular or pedestrian
traffic.
No awning shall be erected, altered or repaired
within the City, except in conformity with the provisions of this
article.
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.
[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.
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.
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.
[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.
