PART B. Awnings and Marquees

Transcription

1 PART B Awnings and Marquees Section 201. Definitions. For the purpose of this ordinance, the following terms, phrases and words shall have the meaning given herein. When not inconsistent with the text, words in the plural shall include the singular and words in the singular shall include the plural. The word "shall" is mandatory. a. Awning (Back-lit). A back-lit awning is any awning, fixed or retractable, which incorporates any transparent or translucent material in its covering and is illuminated by a light source placed behind the covering. b. Awning (Fixed). Fixed awning is a fixed structure supported by a frame or bracketing extending outward from the wall of a building which does not retract or roll up and is constructed to provide shade or shelter. c. Awning (Retractable). Retractable awning is a structure fastened to the wall of a building which, in a closed or rolled up position, does not extend beyond 8 inches from the face of the building and, when extended, is constructed to provide shade or shelter. d. Canopy. A canopy is a permanent or temporary structure other than an awning or marquee, attached to a building over an entrance and carried by a frame supported by the ground or sidewalk, extending from the entrance to or over the public sidewalk for the purpose of providing shade or shelter to pedestrians walking from the sidewalk to the building's entrance. e. Curb Line. Curb line is the vertical plane projected upward from the face of the curb along a street. f. Front, Side or Rear Yard. Front, side or rear yard is the required yard or distance from the building line to street line (right-of-way) or property line, as established under the State College Zoning Ordinance. g. Marquee. Marquee is a permanent structure fastened entirely to the building and projecting from the wall above an entrance and extending over the street right-of-way to provide shelter for automobile passenger loading and unloading to the entrance. h. Projecting Overhang. Projecting overhang is an integral part of a building, an overhanging roof or an affixed permanent structure in a horizontal direction from the wall of a building not over 14 inches in thickness and within 14 feet from the ground or sidewalk to provide shade, shelter or architectural form. (Ordinance 478, February 21, 1985, Section 1, as amended by Ordinance 1208, June 27, 1988, Sections 4 and 5.) XV-B.1

2 Section 202. General Regulations. a. All awnings, canopies, projecting overhangs and marquees shall be affixed or fastened to buildings by supports in such a manner as not to be dangerous or harmful to the users of the sidewalks or streets of the Borough. b. Marquees and projecting overhangs shall be designed to support live loads in conformity with BOCA Code regulations and shall be drained so no water will drip on or flow across the sidewalk used by the public. c. No awning, canopy, projecting overhang or marquee shall be used for a support for any sign or advertising nor shall they contain any lettering or sign, except that the name of the owner and the business, industry or pursuit conducted within the premises, or the name of the feature (in the case of theatres) may be painted or embossed directly to the surface or in letters not to project more than 1 inch in thickness, may be attached to the surface. For the purposes of determining sign area and numbers, an awning, canopy, projecting overhang or marquee shall be considered as a part of the building to which it is attached and any lettering, logo or emblems appearing on such structures shall be considered as a wall sign and shall be subject to the regulations governing wall signs. d. No awning, canopy, projecting overhang or marquee shall extend over the right-ofway of an alley. e. Fixed awnings, canopies and projecting overhangs, referred to in Section 201 herein, shall be permitted to extend over public sidewalks on the granting of such permission by Council. (Ordinance 478, February 21, 1955, Section 3, as amended by Ordinance 808, August 30, 1972, Section 1, Ordinance 1208, June 27, 1988, Sections 6, 7 and 8, and by Ordinance 1682, October 15, 2001, Section 4.) Section 203. Awnings (Fixed). In addition to the general regulations, fixed awnings in commercial districts shall not extend more than 5 feet over the required front or rear yard. (Ordinance 478, February 21, 1955, Section 2, as amended by Ordinance 1208, June 27, 1988, Section 9.) Section 204. Awnings (Retractable). In addition to the general regulations, retractable awnings may be erected pursuant to the provisions of this ordinance over windows and doors and may extend over a front yard and/or a street right-of-way, excepting alleys, a total distance not to exceed 5 feet from the wall of the building but not closer to a curb line than 2 feet. The lower portion of a retractable awning, including any skirt, shall be not less than 7 feet above the sidewalk. (Ordinance 478, February 21, 1955, Section 2.) Section 205. Canopies. In addition to the general regulations, canopies may be erected and XV-B.2

3 maintained as follows: Canopies may be permitted in commercially- or industrially-zoned districts (C, CP-1, CP-2, MP and M) for any retail, office or other commercial use, or for multi-family use or church use. However, in the commercial district (C), only 1 canopy shall be erected per lot. Covering shall be made of lightweight material and all frames and supports shall be of metal, securely supported. No portion of a canopy extending over a front yard or street right-of-way shall be less than 8 feet above the level of the sidewalk. No canopy shall be permitted to extend closer than 1 foot to the curb line, and no canopy shall exceed 8 feet in width. However, canopies may extend across front yards to the doorway of a building. Temporary canopies for special events may be erected for a period not exceeding 3 days, upon securing a special permit at a fee of $5.00. (Ordinance 478, February 21, 1955, Section 2, as amended by Ordinance 1208, June 27, 1988, Sections 10 and 11.) Section 206. Marquees. In addition to the general regulations, no marquee extending over a front yard or public right-of-way shall be erected except over entrances to hotels, theatres and public assembly buildings where special permission is made by the Borough Council for curb loading and unloading space for automobile passengers. All marquees, including anchors, bolts, supporting rods and braces thereof, shall be constructed of incombustible materials and shall be designed by a structural engineer and approved by the Building Inspector. No portion of a marquee shall be less than 10 feet above the level of the sidewalk. No marquee shall be permitted to extend closer to the curb line than 3 feet. No marquee shall be wider than the entrance of the building plus 2 feet on each side thereof. Where an entrance consists of multiple adjacent doors, the multiple doors shall be treated as one single entrance. Marquees shall be supported solely by the building to which they are attached and no columns or posts shall be sued as supports in the required front yard or street right-of-way. XV-B.3

4 No marquee shall be thicker nor have an overall vertical dimension greater than 1/8th of its length. (Ordinance 478, February 21, 1955, Section 2, s amended by Ordinance 708, May 2, 1967, Section 1.) Section 207. Projecting Overhangs. In addition to the general regulations, projecting overhangs, as an integral part of a building or as a structure affixed to the wall of a building in commercial districts, shall not extend over the street right-of-way or not more than 5 feet over the required front or rear yard, except structures to cover retractable awnings, when rolled up, may extend not more than 8 inches over the right-of-way. Projecting overhangs in commercial districts shall not be less than 8 feet above the level of the ground or sidewalk. In residential districts, projecting overhangs shall not project more than 30 inches over the required front or rear yard. Overhangs shall not project over side yards more than 2 inches per foot of the required side yard width. Where overhangs are an integral part of a building or remodeling, covered under building permits, these regulations shall apply, but no permit under this ordinance shall be required. (Ordinance 478, February 21, 1955, Section 2.) Section 208. Permits. a. From and after the effective date of this ordinance, no awning, canopy, marquee or projecting overhang shall hereafter be erected or altered within the Borough except in strict conformity with the provisions of this ordinance and until a permit has been secured from the Zoning Officer, except as specifically exempted herein. b. Application for permit shall be on a form supplied by the Zoning Officer, which form shall require all measurements and data necessary to indicate that the structure to be erected is in conformity with the Borough regulations pertaining thereto. c. Council shall establish, by Resolution, appropriate fees to cover the reasonable costs of reviewing and administering all applications for a sign license. (Ordinance 478, February 21, 1955, Section 2, as amended by Ordinance 1675, August 28, 2001, Section 4.) Section 209. Enforcement. The Zoning Officer shall, from time to time, make or cause to be made an examination of the structure, including its fastenings. He shall make recommendations for the correction of existing irregularities and, should the owner or the person in control XV-B.4

5 thereof fail to make such corrections within 15 days from notice thereof, Zoning Officer shall cause an information to be made for the violation of this ordinance and shall have the right to compel removal of any such structure erected, altered or repaired in violation of this ordinance. Zoning Officer shall revoke any permit granted under the provisions of this ordinance when he shall find that the awning, canopy, projecting overhang and marquee is unsafe or in disrepair or interferes with public use of a street, right-of-way or when not in conformity with the provisions of this ordinance. (Ordinance 478, February 21, 1955, Section 2, as amended by Ordinance 1675, August 28, 2001, Section 5.) Section 210. Penalty for Violation. Any person, firm or corporation convicted of violating any provisions of this ordinance shall be fined not less than $5.00 or more than $25.00 and costs of prosecution and, in default of payment thereof, shall be committed to the County Jail for not more than 30 days and, whenever such person has been notified by the Borough Council that he is committing a violation of this ordinance, then each day that he shall continue such violation after notification shall constitute a separate offense, punishable by a like fine and penalty. (Ordinance 478, February 21, 1955, Section 4.) 80 XV-B.5