§ 53.09 AWNINGS AND MARQUEES OVER SIDEWALKS.
   (A)   A suspended awning of winding or other movable type projecting not more than two-thirds the width of the sidewalk nor more than eight feet, and a temporary pipe standard awning may be erected on approval of the Building Commissioner. The rigid frame part of all temporary awnings shall have a clearance over the sidewalk of not less than seven and one-half feet at all points; provided, however, that an approved, unweighted canvas valance may extend not more than ten inches below this height on the front end and sides of such awnings. In no case shall any part of the awning covering or valance have less clearance than six feet eight inches above the sidewalk at all points.
   (B)   A permanently suspended awning or marquee extending across the sidewalk may be erected under the conditions as follows.
      (1)   The main frame and supports shall be constructed of approved incombustible materials. The panels shall be constructed of approved incombustible materials or approved reinforced thermosetting plastics having approved flame-proofing treatment, or may be constructed of wood joists provided they are completely enclosed with incombustible materials. All glazing shall be with wired glass.
      (2)   Every permanent awning or marquee of any kind shall have a clearance of 12 feet above the sidewalk; provided, that where the permanent awning or marquee does not extend more than two-thirds the width of the sidewalk, nor more than eight feet, a clearance of seven and one-half feet above the sidewalk at all points will be permitted.
      (3)   The outer edge of a permanent awning or marquee having a clearance of 12 feet above the sidewalk may extend over the sidewalk to a line not beyond the vertical plane of the curb. Provisions shall be made that a marquee shall not interfere with the present or future public utility poles or street lighting system.
      (4)   Within a straight line drawn between the maximum projections permitted in divisions (B)(2) and (B)(3) above for minimum heights indicated, the width of a marquee may vary according to height variation provided no marquee may project closer than 18 inches to the vertical plane of the curb at a height less than 12 feet.
      (5)   No marquee over a street sidewalk on streets less than 30 feet in width may project closer than 18 inches to the vertical plane of the curb at a height of less than 12 feet.
      (6)   No permanent awning or marquee shall be closer than five feet to a side property line.
(2000 Code, § 54.09) (Ord. O-31-92, passed 9-14-1992) Penalty, see § 10.99