[HISTORY: Adopted by the Borough of Hanover 8-3-1960 by Ord. No. 1047. Amendments noted where applicable.]
This chapter shall hereafter be known and may be cited as the
"Awning Ordinance" of the Borough of Hanover.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, safety and welfare. To protect the
public, among other purposes, such provisions are intended to provide
for safe streets and walks and protection from fire.
For the purpose of this chapter, the following terms, phrases,
words and their derivatives shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
A fixed or retractable awning, as defined herein.
A fixed, roof-like structure supported by a frame or bracketing
extending outward from the face of a building, and constructed so
as to provide shelter or shade.
A structure fastened to the exterior of a building, which,
in a closed position, does not extend or project more than 12 inches
from the face of such building, and which, when opened to its functioning
position by the operation of folding arms or other device, is constructed
so as to provide shelter or shade.
The Borough of Hanover.
The Borough Manager of the Borough of Hanover or his authorized
agent.
Any material acceptable by the National Board of Fire Underwriters
for use, and their regulations governing materials used within the
fire zone and outside the fire zone shall apply, as the case may be.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any thoroughfare or place for public vehicular or pedestrian
traffic.
No awning shall hereafter be erected, altered or repaired except
as specifically permitted herein within the Borough, except in conformity
with the provisions of this chapter.
A.
Permits.
(1)
When required. No person shall erect or permit to be erected any
awning which projects or would project over or into a public way within
the Borough until a permit therefor has been secured from the Borough
Secretary. No person shall alter or repair or replace more than 25%
of the surface area of any awning, nor alter or repair more than 25%
of the supporting members of any awning which projects or would project
over or into a public way within the Borough, until a permit has been
secured from the Borough Secretary. Said 25% shall be cumulative,
whether said alteration, repair or replacement be made at one time
or over a period of time.
(2)
Fee. The fee for any permit grantable under this section shall be
$5. Such fee shall be paid prior to the issuance of the permit or
the erection, alteration or repair of any awning.
(3)
Revocability. Any permit granted under the provisions of this section
shall be revocable by the Borough when the Borough Manager finds the
awning to be unsafe and that it is for the best interest of the Borough
that such permit be revoked.
B.
Compulsory removal. The Borough Manager shall have the right to compel
the removal of any awning erected, altered or repaired in violation
of this section.
C.
Warning signs. During the erection, alteration or repair of any awning
as permitted under the provisions of this section, warning signs shall
be posted to warn passersby against danger from said operations.
D.
Inspection. Permittees under this section shall, upon completion
of the erection, alteration or repair of any awning for which the
permit was granted, immediately report the same to the Borough Manager,
and the Borough Manager shall thereupon immediately inspect the construction
of said awning for the purposes of enforcing the provisions of this
chapter and assuring that said structure is erected in a safe and
workmanlike manner.
A.
Permitted locations.
(1)
Over doors and windows of any building. Fixed awnings, conforming
to the provisions of this chapter, shall be permitted on any building.
B.
Prohibited locations.
(1)
Interference with exits, etc. Every fixed awning shall be located
as not to interfere with the operation of any exterior standpipe,
stairway or exit from the building.
(2)
Awning as fire escape landing. No fixed awning shall be used as a
landing for any fire escape or exterior stair.
(3)
Protracted window coverage. No fixed awning shall extend below the
upper 60% of any window opening.
C.
Construction.
(1)
Incombustible material. Fixed awnings, including supporting frames,
arms, brackets and other devices, shall be constructed throughout
of incombustible material, except that glass or other fragile material
shall not be used in any part of such awning.
(2)
Wind pressure and dead load requirements. Fixed awnings shall be
designed and constructed to withstand a wind pressure of not less
than 20 pounds per square foot, applied in any direction, and to receive
dead loads incidental to service performed.
(3)
Rigid support from building. Fixed awnings shall be supported entirely
from the building by rigid attachment of frames or brackets thereto.
(4)
Corroding or mildew prohibited. Fixed awnings shall be constructed
only of corrosion- or mildew-resisting material or materials adequately
protected against corrosion or mildew.
(5)
Drainage. When the design or location of a fixed awning is such that
the drainage from the structure creates or will create a nuisance
or hazard to the public, such awning shall be equipped with gutters,
spouting and drains adequate to eliminate such nuisance and hazard.
(6)
Length and width. There shall be no limitation on the permitted length
or width of fixed awnings, provided they conform to the other provisions
of this chapter.
(7)
Angle of slope. No fixed awning shall extend from a building with
a slope less than an angle of 30° from the horizontal.
D.
Projection over public ways. No part of a fixed awning less than
14 feet above the existing or permitted grade of a public way under
such awning shall extend closer than two feet to the vertical plane
passing through the nearest curbline, and in no case shall any part
of a fixed awning extend beyond the vertical plane passing through
the nearest curbline.
E.
Clearance over public ways.
(1)
Pedestrian traffic. No part of a fixed awning projecting over a public
way shall be less than seven feet above the existing or finished grade
under said awning where pedestrian traffic only is a consideration.
It shall be permissible to have hanging below the lowest rigid point
of a fixed awning, a flexible material such as canvas or some other
similar material, which shall be no longer than six feet two inches
above the existing or finished grade under said awning.
(2)
Vehicular traffic. No part of a fixed awning projecting over a public
way shall be less than 14 feet above the existing or finished grade,
where vehicular traffic is a consideration for clearance.
A.
Permitted locations.
(1)
Over doors and windows of any building. Retractable awnings, conforming
to the provisions of this chapter, shall be permitted on any building.
B.
Prohibited locations.
(1)
Interference with exits, etc. Every retractable awning shall be located
as not to interfere with the operation of any exterior standpipe,
stairway or exit from the building.
C.
Construction.
(1)
Incombustible material. Retractable awnings, including supporting
frames, arms, brackets and other devices, shall be constructed throughout
of incombustible material.
(2)
Rigid support from building. Retractable awnings shall be supported
entirely from the building by rigid attachment of frames or brackets
thereto.
(3)
Noncorrodible framework. The framework of retractable awnings shall
be constructed only of corrosion- or mildew-resisting material or
materials adequately protected against corrosion or mildew.
(4)
Length and width. There shall be no limitation on the permitted length
or width of retractable awnings provided they conform to the other
provisions of this chapter.
D.
Projection over public ways. No part of a retractable awning less
than 14 feet above the grade of a public way under such awning shall
extend closer than two feet to the vertical plane passing through
the nearest curbline, and in no case shall any part of a retractable
awning extend beyond the vertical plane passing through the nearest
curbline.
E.
Clearance over public ways.
(1)
Pedestrian traffic. No part of the framework of a retractable awning
projecting over a public way shall be less than seven feet above the
existing or finished grade under said awning when pedestrian traffic
only is a consideration. It shall be permissible to have hanging below
the framework of a retractable awning, a flexible material such as
canvas or some other similar material, which shall be no lower than
six feet two inches above the existing or finished grade under such
said awning.
(2)
Vehicular traffic. No part of a retractable awning projecting over
a public way shall be less than 14 feet above the existing or finished
grade, when vehicular traffic is a consideration for clearance.
F.
Drainage. No retractable awning shall be maintained over a public
way so as to create a drainage nuisance or hazard to the public.
A.
Advertising. No advertising shall be placed on any awning, except
that the name of the owner and/or the business, industry or pursuit
conducted within the premises may be painted or otherwise permanently
placed in a space not exceeding eight inches in height on the front
and side portions thereof.
B.
Identification. Every awning erected shall bear a sign or inscription
of letters not less than 1/2 inch in size, stating the name and address
of the person, firm or corporation erecting the awning.
Specific sections. Section 3, Subsections (a) and (b), of Ordinance
No. 726, enacted May 17, 1950, as set forth under Chapter IV, Section
8, Subsections (a) and (b), of the Code of Ordinances of the Borough
of Hanover; and Ordinance No. 700, enacted July 20, 1949, as set forth
under Chapter IV, Sections 11 to 16, inclusively, of the Code of Ordinances
of the Borough of Hanover, are hereby repealed.
