For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Awning" means a roof-like cover attached to the side of a building for its sole support and used for the purpose of providing windows with protection from the elements.
"Building inspector" means the duly appointed, qualified and acting building inspector of the city.
"Canopy" consists of a light metal frame, with a canvas covering, attached to a building for its strength and support, except in those instances where it is not structurally feasible, in which case perpendicular supports will be allowed in the sidewalk area.
"Fire chief" means the duly appointed, qualified and acting fire chief of the city.
"Public property" means all portions of the streets, alleys or public thoroughfares, including public sidewalks, generally used for pedestrians or for the planting of shrubs and trees, located between the building property line and the street curb.
"Revocable permit" means a building permit or privilege granted by the building inspector pursuant to the terms of this chapter, which permit shall be revocable for cause by the building inspector. (Prior code § 38.05.054)
The owner of the premises desiring to install an awning or sidewalk canopy over public property shall file a written application with the building inspector, stating, among other things, the following:
A. The name and address of the owner of the premises;
B. The location where the installation is to be made;
C. That the proposed installation will comply with the provisions of this chapter;
D. That the holder of the permit agrees to hold the city, its officers and employees harmless from all claims, damages and causes of action which may arise out of the installation or maintenance of an awning projecting over public property or of a canopy in the "sidewalk area";
E. The application shall be accompanied by a sketch or design showing the dimensions and the manner in which the installation of the awning is proposed to be made and all other necessary information required by the building inspector necessary to show compliance with the provisions of this chapter;
F. A short statement giving the reasons for the installation of a sidewalk canopy. (Prior code § 38.05.055)
No building permit for the installation of an awning projecting over public property or a sidewalk canopy will be granted by the building inspector unless the following requirements are complied with:
A. Any such awning installed after September 30, 1958, shall be attached to the building for its sole support. The supporting framework of the awning shall be of weatherresistant metal to which is attached the canvas or metal covering.
Any such canopy installed after September 23, 1954, shall be attached to the building for support of the metal frame over which the canvas covering is placed; provided, however, in those premises where it appears that it is not structurally feasible to attach the metal frame to the building for support, and public convenience would be served by such a canopy, the building inspector may allow metal perpendicular supports to be installed in the sidewalk area for the support of such a canopy.
B. Any such awning covered with metal shall be designed to withstand a wind force of ten (10) pounds per square foot against both the upper and lower surface of the covering.
C. The metal frame for the support of the canvas or metal covering shall be at least eight feet above the level of the sidewalk or grade directly below and any cloth fringe or border around the edge of the covering shall not be in excess of ten (10) inches in width. Under no condition or circumstance shall any metal portion of an awning be less than eight feet above the level of the sidewalk or grade below.
D. An awning may extend over public property between the property line and the curb at the street. Such projection shall be a maximum of two-thirds the distance between such property line and the curb, but not more than ten (10) feet nor closer than four feet to the face of the curb.
A canopy may extend over the sidewalk area from the building or property line to within one foot of the curb
line of the street. No canopy shall be greater than ten (10) feet in width.
E. Awnings may project over public alleys a maximum of four feet from the property line; provided, that they are a minimum of sixteen (16) feet above the alley at all points. No awnings will be permitted below this sixteen (16) foot level.
F. No advertising matter of any kind shall be placed on any awning or canopy to be installed pursuant to the provisions of this chapter, nor shall any design representative of the place of business be allowed to be placed thereon; provided, that the name of the business will be permitted in letters or figures not to exceed nine inches in height.
G. Stationary awnings or those not normally retracted flat against the building at night shall be provided with artificial light to light all portions of the sidewalk below with at least an average of one and two-tenths horizontal foot candles (lumens per square foot). The lowest foot-candle value at any point below the awning shall not be less than one-fourth the average value provided. Such lighting shall be provided between dusk and dawn each day of the year. Failure to maintain such lighting requirements shall be cause for revoking the building permit.
H. Each application for a permit for installation of an awning shall bear the approval of the fire chief, who shall base his or her decision on the following criteria:
1. The awning location shall not interfere with any fire escape from the supporting building or with wet or dry standpipes or any other facilities used for fire prevention or control.
2. Any such awning covered with metal shall not be accessible from within the building.
3. Any such awning covered with metal shall be constructed with a material that can be readily removed or retracted from outside the building so as not to hamper or interfere in any way with any phase of fire control or prevention.
I. The installation of a canopy shall be for the convenience of the patrons of the premises to which it adjoins and for the purpose of allowing persons to enter or depart from the premises to the street area under cover from the canopy when arriving or departing by vehicle. All applications for sidewalk canopy shall be submitted to the building inspector, who shall determine if the same complies with all requirements of this chapter for installation thereof. (Prior code § 38.05.056)
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