[Adopted 10-20-1988 (Ch. 233, Art. III, of the 1989 Code)]
Pursuant to the authority and power granted by General City Law § 20, Subdivision 10, to grant rights to use the public ways of the City of Plattsburgh, the Common Council of the City of Plattsburgh does ordain and enact the following provisions.
As used in this article, the following terms shall have the meanings indicated:
- A structure affixed to the face of a building which projects over property owned by the City of Plattsburgh, including sidewalks, and which shelters persons passing under the awning from sun, rain or snow.
Awnings may be constructed of natural or synthetic fabrics and such other materials as are specifically approved by the Building Inspector.
Awnings shall be so constructed as to be capable of supporting a minimum load of 40 pounds per square foot.
Awnings shall not project more than seven feet from the face of the building they are affixed to or beyond a point one foot from the inside of the curb, whichever is less.
The lowest part of an awning shall be a minimum of seven feet above the grade of the sidewalk.
Awnings shall be so affixed that they are not supported by posts or columns.
The Building Inspector may permit an awning to be supported by a post or column to be located on a City sidewalk, and he may permit an awning to extend more than seven feet beyond the face of the building, if he finds that the awning is necessary to protect the public from a danger of falling snow or ice; there is no other practical way of protecting the public from such danger; and the posts or columns will not interfere with pedestrian traffic or the removal of snow from City sidewalks or streets.
Lights may be used to illuminate awnings, provided that the lighting fixtures are not visible on the outside of the awning, and the light does not cause glare upon the street or adjacent property.
Awnings shall be maintained in a safe and attractive condition.
Permanent lettering, logos, emblems and insignias are permitted on awnings on the condition that the total area of such signage does not exceed, when taken together with other building signage, the maximum signage permitted under the City of Plattsburgh's Sign Ordinance or 15% of the area of the horizontal plane covered by the awning, whichever is less.
No permit shall be issued for the installation of an awning on an historic site without the approval of the Planning Board of the City of Plattsburgh. The Planning Board shall act upon such applications in accordance with the procedures and standards set forth in § 270-30 of the Zoning Ordinance of the City of Plattsburgh.
An awning shall be deemed to be owned by the owner of the structure it is affixed to. The owner of said structure shall be responsible for the installation and maintenance of such awnings in a safe condition. Before a permit is issued for the installation of an awning, the owner shall furnish the City with proof that insurance is in effect that ensures the City against any loss or claim for damage or injury that may be caused by such awning. Such insurance coverage may be provided under a tenant's insurance policy. The type and amount of insurance coverage required shall be determined in accordance with the City's schedule of insurance requirements.
The provisions of this chapter shall be enforced by the Building Inspector of the City of Plattsburgh.
The Building Inspector shall issue building permits for awnings.
It shall be unlawful to erect an awning without a building permit.
In applying for a permit, the applicant shall submit a scale drawing of the building facade the awning will be attached to; a scale drawing or sketch showing the method of construction and attachment of the awning; the materials; the color; the exact signage, including type style and letter size; the location, type and method of connection of any lighting fixture; and such other information as the Building Inspector deems necessary to review the application.
The application fee for such permit shall be determined by resolution of the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating the provisions of this article shall be subject to a fine not to exceed $250 per day for each day the violation continues from and after the date such person is served with a notice of violation.