[Added 8-18-2023 by Ord. No. 0823-04]
The provisions of this article apply to encroachments of awnings, canopies, and marquees into and over public property in the municipal boundaries of the City of Rehoboth Beach.
A property owner who proposes the construction of an awning, canopy or marquee encroaching into and over public property shall obtain a license agreement from the Board of Commissioners authorizing such encroachment. The license agreement shall be executed by the property owner. Every license agreement issued pursuant to this chapter shall include a provision requiring that the licensee remove the encroachment upon notice from the City Manager.
A. 
Awnings, canopies, and marquees erected after August 18, 2023, that encroach into and over public property, shall have sufficient lighting installed underneath to illuminate onto the sidewalk or public property, such lighting fixtures shall provide for a minimum clearance of eight feet above the sidewalk or public property.
B. 
The space or portion of the sidewalk underneath the awning, canopy, or marquee shall be kept clear of obstructions, unless otherwise approved by the City. This includes the space located between columns or posts that support canopies.
C. 
Canopies and marquees shall be constructed to allow for the proper discharge of water through use of a gutter system as approved by the Building and Licensing Department.
D. 
Signs must comply with Chapter 270, Article VII.
E. 
Awnings, canopies and marquees must be maintained in accordance with Chapter 208.
The following are the minimum criteria for an applicant to be eligible for a license agreement for an awning, canopy or marquee encroaching into and over public property. This section shall not apply to awnings, canopies and marquees existing prior to August 18, 2023, unless they have been required to be removed and replaced by the Building and Licensing Department. Satisfaction of the following does not necessitate the issuance of a license:
A. 
Name and address of applicant. The applicant must be the property owner, or an authorized representative of the owner.
B. 
If the property is leased, the name and address of the lessee of the premises where such awning is to be erected and maintained.
C. 
If a business, a current City-issued business license.
D. 
Exact location where such encroachment is to be erected and maintained.
E. 
Plans drawn to scale, prepared by the manufacturer, installer or a Delaware-licensed architect or engineer, with specifications sufficient in detail to show the size, nature and construction of the encroachment proposed, together with the manner of attaching same to the structure or building intended to be served. For awnings and canopies (using fabric or vinyl coverings), a certificate of flame resistance from the fabric manufacturer in accordance with appropriate standards set forth in Chapter 102, Articles I and II.
F. 
Awnings placed on building facades with multiple stories or ground-floor tenants shall be coordinated by the property owner in terms of dimensions, placement, materials, and shape.
A fee of $325 shall accompany a request for a license to erect an encroachment into and over public property.
A. 
Any license agreement granted hereunder may be revoked at any time by the City Manager whenever, in the opinion of the City Manager, it would be in the best interest of the public to do so. Any license issued hereunder shall not grant to the holder thereof any permanent easement to encroach into and over public property but rather shall only entitle the holder thereof to a revocable license agreement.
B. 
Whenever the holder of the license ceases to own the premises for which the license is issued, the license shall be transferred to the new owner, or the encroachment shall be removed prior to conveyance of the premises to a new owner. Written notice of the transfer of the license shall be provided to the City Manager within 10 days of the transfer.
C. 
Upon the expiration or revocation of the license, any awning, canopy or marquee encroaching into and over public property shall be removed within 90 days. In the event the licensee fails to remove such encroachment after 90 days, the City may remove such awning and charge the licensee the cost of such removal. In addition, the applicant shall be subject to a civil assessment as set forth in § 102-64 hereof.
D. 
Nothing herein contained nor the payment of any fees herein required shall abridge or be construed as denying the City the right to cause the person, firm or corporation to whom a license is granted or from whom a charge is collected under this chapter, to remove the awning, canopy or marquee previously authorized.
A. 
Violation of the provisions of this article shall be a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Any person who violates this article shall pay a civil assessment of not less than $100 nor more than $500. Each day that a violation continues after due notice has been served shall be deemed a separate offense.