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HomeMy WebLinkAboutORD 2827BILL NO. 12 ORDINANCE NO. 2827 AN ORDINANCE AMENDING CHAPTER 12, ARTICLE 1, SECTION 11 OF THE CALDWELL CITY CODE CONCERNING AWNINGS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1. Chapter 12, Article 1, Section 11 regarding awnings, shall be amended as follows: Section 12- 01 -11: Awnings: (1) Compliance: It shall be unlawful to erect or maintain any awnings on or over any street and /or sidewalk within the limits of the city except as herein provided and except as provided for in chapter 10 of city code. (2) Business License Required: (rep. by Ord. 2673, 4 -3 -2007) (3) Installation Permit Required; Fees: Any person erecting awnings over any sidewalk, street, or alley, and against the first story, within the city limits shall first secure a permit from the building official before such an awning is erected. The building official shall, upon application, issue such permits for movable awnings when such proposed awnings come within the provisions of this article and collect a fee established by the building official and adopted by city council. Fees shall be based on valuation of the awning. (4) Specification for Movable Awnings: All movable awnings shall be of canvas or duck and shall be affixed to and suspended from the building. Awnings against the first or grade story of buildings shall be of the roller type and shall be supported upon iron arms so as to permit the awning to be rolled compact against the building. (5) Distance of Sidewalk: A. Awnings may extend over the sidewalk portion of the public street a distance equal to two- thirds (2/3) of the width of the sidewalk; provided, that every such awning frame shall be not less than seven feet two inches (7'2 ") above the sidewalk immediately below, and that any fringe attached to such awning shall be not less than six feet six inches (6'6 ") from the sidewalk level immediately below. Also except that awnings, if used anywhere in the city center zoning district, may encroach into the public right -of -way to within twenty -four (24) inches to thirty inches (30 ") of the curb face if a street or completely to the far edge of the alley if an alley and any portion of the awning must be a minimum of fourteen feet six inches (14'6 ") above the sidewalk grade or alley grade, whichever is applicable. B. No awning shall pFejeGt ever the R-idpwRik zening ions. Section 2. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 3. This ordinance shall be in full force and in effect from and after its passage, approval and publication, according to law. Section 4. This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Bill No. 12 (Awnings ordinance 2827) Page 1 of 2 PASSE D ADOPTED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this day of 2010. APPROV51q BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 3 ( day of 2010. ATTEST: Garret Nancolas, Mayor Debbie Geyer Bill No. 12 (Awnings ordinance 2827) Page 2 of 2