(A) A canopy or awning, or similar structure, hereinafter referred to as “canopy,” may be constructed on any commercial structure which public right-of-way, provided that said canopy or awning or other canopy complies with the following requirements:
(1) Said canopy may project one-half the width of any existing sidewalk or not more than six feet, whichever is less, and in no event shall any such canopy project into any alley or space used as a fire lane.
(2) The bottom edge of such canopy shall be no less than seven feet from the ground or pavement beneath it.
(3) No vertical supports shall be used in the construction of said canopy which extends beneath the same.
(4) All such canopies shall be permanent in nature and shall comply with all fire ordinances now existing or which may be adopted in the future.
(B) This section shall govern the construction and maintenance of any awning, canopy, or device within the town limits.
(C) (1) (a) A building permit shall be required for the construction of any such canopy.
(b) The Town Inspector shall have the power to review plans for said canopies and make changes deemed necessary to render the completion of construction of said canopy.
(2) The Town Inspector shall have the power to order any further modifications which he or she deems necessary for the protection of the health, welfare, and safety of the public at large.
(D) The town shall have the power to remove or have removed any such canopy, at the owner’s expense, when the same is deemed to be detrimental to the public interest, after ten days’ notice to said owner.
(E) Any such canopy which does not conform to the requirements set forth herein is hereby declared to be a public nuisance as defined in the code of the town.
(Prior Code, Ch. 4, Art. 7, § 48) Penalty, see § 151.999