§ 6-35. Awnings, canopies and marquees.

(a)

Definitions. Terms used in this section mean as follows:

Adjustable awning means any entrance or window covering, constructed of wood, metal, plastic, canvas or rubber, or constructed in whole or in part of other combustible material, projecting from the exterior surface of the wall of a building, and capable of being raised or lowered by means of ropes or a mechanical device.

Canopy and marquee mean any fixed entrance or window covering constructed of metal, glass, plastic or other noncombustible rigid material, projecting from the exterior surface of the wall of a building.

Combustible materials and noncombustible materials mean as follows:

(1)

Those materials which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature shall be termed noncombustible materials.

(2)

All other materials shall be termed combustible materials.

Fixed awning means any entrance or window covering, constructed of wood, metal, plastic, canvas or rubber or constructed in whole or in part of other combustible material, projecting from the exterior surface of the wall of a building, and not capable of being raised and lowered.

(b)

Adjustable awnings. No adjustable awning shall project more than six feet from the exterior wall of a building into the public easement for street or sidewalk purposes. Every adjustable awning constructed or placed over any sidewalk shall be at least eight feet above the sidewalk at its lowest point, provided that a hanging border of canvas or similar material may drop vertically to a point not less than seven feet above the sidewalk. All adjustable awnings shall be supported without posts by metal brackets or by a metal frame firmly attached to the building so as to leave the sidewalk wholly unobstructed thereby.

(c)

Fixed awnings. No fixed awnings shall be permitted to project into the public easement for street or sidewalk purposes.

(d)

Canopies and marquees.

(1)

Canopies and marquees shall be constructed of metal, glass, plastic or other noncombustible material, and shall be supported entirely by metal frames and supports. The roof of such canopy or marquee may be of metal or of iron or glass supported in metal frames.

(2)

All canopies and marquees shall be supported with chain, cables or metal supports properly secured to the building independent of the sidewalk.

(3)

Provision shall be made in all canopies and marquees to carry water from the canopy and marquee.

(4)

There shall be no post or support connecting the canopy or marquee with a public sidewalk.

(5)

The lowest portion of any canopy or marquee, including supports thereof, shall be not less than eight feet above the sidewalk.

(6)

The maximum extension and minimum clearance over any public place shall be such that the public health, safety and welfare will not be jeopardized and in no event shall any marquee project farther from the property line than the distance normally therefrom to a point within two feet of a perpendicular plane through the back of the curb; provided, however, that the maximum projection over public property shall not exceed six feet. No marquee shall at the lowest point be less than eight feet above the sidewalk or ground line. No post, pole, support, brace or guy wire for any marquee shall be placed on public property. All marquees over public property shall be constructed of noncombustible materials.

(e)

Inspection. All awnings, canopies and marquees shall be subject to inspection by the city engineer at any time.

(f)

Permit for the construction of canopies or marquees. No canopy or marquee shall be constructed or erected until a permit for the same shall have been obtained from the city clerk. Prior to the issuance of such permit, the applicant shall submit detailed plans and specifications for any canopy or marquee exceeding 100 pounds under the seal of a licensed architect or engineer certifying the canopy or marquee is structurally capable of sustaining such loads as may reasonably be anticipated in accordance with the building code of the city. The city engineer shall examine such plans and specifications and shall determine whether such canopy or marquee can be erected with safety to the public and without undue inconvenience to owners of adjoining property or to the public. He shall report all findings to the commissioner of the department of public health and safety who shall then approve or disapprove such application based on such report and his own findings. The fee for such permit shall be $1.00 per square foot of the projected horizontal area but not more than $50.00.

(g)

Nonconforming awnings, canopies and marquees. Any awning, canopy or marquee shall be deemed to be nonconforming by virtue of its noncompliance with the article. Nonconforming awnings, canopies and marquees may remain in use provided they are maintained in good repair, except as follows:

(1)

Whenever an awning, canopy or marquee is damaged to an extent of 50 percent of its replacement value.

(2)

Whenever an awning, canopy or marquee is relocated to another building or building site.

(h)

Maintenance and repair. All awnings, canopies or marquees shall be maintained in good condition. The commissioner of public health and safety, or his authorized representative, shall notify the owner of any dilapidated awning, canopy or marquee of its condition and order the repair of the same within ten days.

(i)

Advertising messages on awnings, canopies and marquees. Messages or advertising printed or otherwise affixed to awnings, canopies or marquees shall meet the requirements of existing sign regulations. Messages, words, symbols, logos or other advertising shall not exceed 50 percent of the surface area of the awnings, canopies or marquees. A separate sign permit is not required, however, sufficient information of the size and location of the advertising message shall be submitted to determine compliance with sign regulations.

(Code 1987, § 27.08; Ord. No. O59-2009, §§ 1, 2, 8-4-2009)