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HomeMy WebLinkAboutOrdinance 3132 � fo�4 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 24 OF ORDINANCE NO. 1389, REGULAT- ING THE HEIGHT OF AWNINGS, MARQUEES AND CANOPIES PROJECTING OVER SIDEWALKS IN THE CITY OF FORT WORTH; REQUIRING THE FILING OF A SURETY BOND APPROVED BY THE CITY COUNCIL BY ALL PERSONS ERECTING WOOD, CANVAS OR METAL AWNINGS OR CANOPIES; REQUIRING PERMITS FROM THE BUILDING COMMISSIONER FOR THE ERECTION OF SAME; PROVID- ING FOR THE COLLECTION OF FEES FOR INSPECTION OF AWNINGS OR CANO- PIES, INCLUDING FEES FOR REPAINTING, RECOVERING OR REHANGING SAME; PROVIDING FOR THE LOCATION OF AWNINGS AND CANOPIES; PRO- HIBITING THE ERECTION OF AWNINGS AND CANOPIES WITHIN THE AREA BOUNDED BY THE NORTH PROPERTY LINE OF TENTH STREET, THE WEST PROPERTY LINE OF THROCKMORTON STREET, THE NORTH PROPERTY LINE OF WEATHERFORD STREET, AND THE EAST PROPERTY LINE OF COMMERCE STREET, EXCEPT OVER ENTRANCES OF BUILDINGS; PRESCRIBING THE MARK- ING OF ALL AWNINGS OR CANOPIES IN THE NAME OF THE ERECTOR AND DATE OF ERECTION; PRESCRIBING THE DEGREE OF SLOPE OUTWARD FROM THE BUILDING AND THE PITCH OF SAME, WITH EXCEPTIONS WHERE AWNINGS ARE OF METAL CONSTRUCTION; PROHIBITING THE POSTING OF SIGNS OR ADVERTISEMENTS ON AWNINGS OR CANOPIES ERECTED OVER ANY PUBLIC SIDEWALK, STREET OR ALLEY; PROHIBITING THE SUSPENSION OF ANY ELECTRICAL WIRING OR EQUIPMENT FROM AWNINGS OR CANOPIES OVER ANY PUBLIC SIDEWALK, STREET OR ALLEY; PROHIBITING THE INTERFERENCE OF AWNINGS WITH FIRE ESCAPES; REGULATING THE MATERIAL OF AWNINGS OR CANOPIES OVER GASOLINE PUMPS; PROHIBITING THE INSTALLATION OF POSTS OR COLUMNS IN ANY PUBLIC SIDEWALK, STREET OR ALLEY BELOW THE SEVEN FOOT LEVEL; PROHIBITING THE USE OF AWNINGS WHICH PRODUCE AN OBJECTIONABLE GLARE; REQUIRING THAT ALL AWNINGS BE MAINTAINED IN A SAFE CONDITION AND AT A PROPER HEIGHT ABOVE THE SIDEWALK, SE- CURELY FASTENED TO THE BUILDINGS SO AS TO PREVENT SAGGING; DE- CLARING AWNINGS OR CANOPIES ERECTED OVER ANY PUBLIC SIDEWALK, STREET OR ALLEY WHICH ARE IN AN UNSAFE CONDITION A NUISANCE; EXCEPTING FROM THIS ORDINANCE THOSE AWNINGS AND CANOPIES EXIST- ING AT THE TIME OF ENACTMENT OF THIS ORDINANCE WHICH WERE MAIN- TAINED IN CONFORMITY WITH THE ORDINANCE UNDER WHICH THEY WERE ERECTED; DEFINING MARQUEES OR PERMANENTLY FIXED AWNINGS AND PRO- VIDING FOR THE ERECTION THEREOF AS TO LOCATION, HEIGHT AND ALLOW- ABLE DISTANCE OF PROJECTION BEYOND THE FACE OF THE BUILDING TO WHICH THEY ARE ATTACHED; REGULATING THE DESIGN AND STRENGTH OF MARQUEES; REQUIRING THE ROOFS OF MARQUEES TO SLOPE FOR DRAINAGE; REGULATING THE USE OF SIGNS ON SAME; MAKING THIS ORDINANCE CUMU- LATIVE OF ALL EXISTING ORDINANCES AFFECTING THE ERECTION AND MAIN- TENANCE OF WOOD, CANVAS AND METAL AWNINGS, CANOPIES AND MARQUEES; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE AFTER PASSAGE AND PUBLICATION OF THE TITLE AND THE PENALTY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 24 of Ordinance No. 1389 shall hereafter read as follows: Chapter 24 AWNINGS, MARQUEES AND CANOPIES, ETC. Section 24-1 Awnings and Canopies Paragraph 24-1-1. WOOD, CANVAS AND METAL AWNINGS AND CANOPIES: (a) Bond; No person, firm or corporation shall erect, install, hang, repair or maintain wood, canvas or metal awnings or canopies for which per- mits are required within the corporate limits of the City of Fort Worth,un- til such person, firm or corporation shall have first on file with the City Secretary of the City of Fort Worth a satisfactory surety bond in the sum of Two Thousand Dollars ($2,000.00) approved by the City Council. Such bond shall be conditioned for the erection, installation, hanging, repair- ing or maintenance of such awnings or canopies in accordance with the ordi- nance of the City of Fort Worth regulating same, and shall provide for the indemnification of the City of Fort Worth for any and all damages or lia- bility that may accrue to or against it by reason of the erection, installa- tion, hanging, repairing or maintenance of any awning or canopy erected by or under the direction of the maker of such bond. The bond shall be submitted to the Building Commissioner for filing with the City Secretary after ap- proval by the City Council, and shall be maintained by renewal so long as the maker is engaged in the business of erecting, installing, hanging, re- pairing and/or maintaining awnings and canopies. (b) Permits and Fees: No canvas, wood slat, metal slat or roller type of metal awning or canopy of any character shall be erected or attached to or suspended from any building or structure where such awning or canopy ex- tends over, along or across any public sidewalk, street or alley, including localities where buildings have been set back from the property line to pro- vide parking space between the natural curb line and the building, nor shall there be erected any fixed or sliding type awning or canopy under which auto- mobiles may be parked unless a permit for same has been first obtained by the erector from the Building Commissioner. Except as provided above, no permit shall be required for any awning erected on or over private property. The Building Commissioner is hereby empowered to issue permits for the erection and maintenance of stationary or fixed and roller or retractable- type awnings or canopies of canvas, wood slat or metal slat construction to extend over public sidewalks, streets or alleys, including localities where the building has been set back from the property line to provide parking space between the natural curb line and the building, and for fixed or slid- ing-type awnings or canopies under which automobiles may be parked, upon satisfactory compliance with this ordinance by the applicant therefor. The permits and inspection fees for awnings and canopies erected on, attached to or suspended from any building or structure and extending over any public sidewalk, street or alley, including localities where buildings have been set back from the property line to provide parking for automo- biles between the natural curb line and the building, shall be ten cents (10¢) per linear foot of awning or canopy measured parallel to the curb, with a minimum fee of Two Dollars ($2.00). The permit and inspection fee for canopies or awnings under which automobiles may be parked shall be Two Dollars ($2.00) for the first Five Hundred Dollars ($500.00) value or fraction thereof and Two Dollars ($2.00) for each additional Five Hundred Dollars ($500.00) value or fraction thereof, the value to be computed on the aggregate value of all awnings or canopies to be erected on one premise under the permit. The permit fees for repainting, recovering or rehanging of awnings or canopies shall be the same as those for new ones, but no permits or per- mit fees shall be required for ordinary minor repairs or adjustments. No permits or permit fees shall be required for awnings erected for the protection of windows above the street level story of buildings, provided that such awnings shall not project more than three (3) feet horizontally over a public sidewalk, street or alley. (c) Location: No stationary or fixed canvas, wood slat or metal slat awning erected under the terms of this ordinance shall project more than seven (7) feet beyond the wall of the building or structure on which it is erected, and shall in no case be closer than three (3) feet from the face of the curb. No roller-type or other retractable-type of awning shall project more than ten (10) feet beyond the face of the building or structure on which it is erected, and shall in no case be closer than two (2) feet from the face of any curb. The lowest part of any frame, scallop or valance of any awning shall be not less than seven (7) feet above the .sidewalk immediately below, except that canvas scallops or valances without rigid metal or wood rollers or stiffeners shall be not less than six (6) feet and six (6) inches above the sidewalk immediately below. No stationary or fixed awning shall be erected over a public side- walk, street or alley within the area bounded by the north property line of Tenth Street, the west property line of Throckmorton Street, the north property line of Weatherford Street, and the east property line of Commerce Street, except that within this area stationary or fixed canvas, wood slat or metal slat canopies or awnings may be erected over sidewalks as a protec- tion to the entrance of buildings, provided that said canopies or awnings shall be not less than forty (40) feet from the nearest adjoining line of property owned or under control of persons other than the owner of said canopy or awning. Fixed canopies or awnings erected over public sidewalks as a protection to entrance of buildings shall conform to the following re- quirements: 1. The lowest part of such canopy or awning shall be eight (6) feet above the sidewalk immediately below. 2. The width of such canopy or awning shall not exceed that of the doorway over which it is erected plus two (2) feet, but in no case shall it exceed twelve (12) feet in width. 3. No part of such canopy or awning shall extend closer than two (2) feet from the face of any curb. (d) General: The name of the erector and the date of erection shall be permanently painted, printed or otherwise indicated on the inside of all awnings or canopies. This marking shall be visible for inspection after in- stallation. Awnings shall slope outward from the building with a pitch of not less than four (4) inches per foot. Canopies shall have the same minimum pitch if erected to slope outward from the building; and if designed with a gabled, oval or curved roof at right angles to the building wall, the average slope of the roof shall be not less than four (4) inches per foot except for the following: Awnings of all metal construction may have a slope of less than that specified above, provided that they shall be designed to carry roof live load of not less than sixty (60) pounds per square foot in addition to all dead loads and twenty-five (25) pounds per square foot uplift. Such awnings shall be designed and constructed so as not to leak during a normal rain, and the water shall be guttered and conducted to downspouts on the building which discharge into drainpipes laid under sidewalk and discharging into the street gutter. Except for street numbers or monograms painted on valances and the identification required above, no signs, posters, handbills, notices or advertisements of any kind whatsoever shall be posted, painted, printed, or in any way attached to or suspended from any awning or canopy erected over any public sidewalk, street or alley. No electrical wiring or equipment of any nature, including strip or outline lighting, shall be erected on, attached to or suspended from any awning or canopy erected over any public sidewalk, street or alley. Awnings or canopies shall not be erected so as to interfere with the use of fire escapes. All awnings or canopies erected over gasoline pumps shall be either of all metal construction or of fireproof canvas. If of metal construction, all metal parts shall be solidly connected to the steel frame of the build- ing, steel supporting columns, or otherwise suitably bonded and grounded. No post, column, bracket, strap, wire, chain, rod, cable, rope or other device shall be erected or installed in or on any public sidewalk, street or alley below the seven (7) foot level prescribed above for the pur- pose of supporting or securing any awning or canopy erected over any public sidewalk, street or alley. 4 Awnings and canopies which, because of the light refractive nature of their material or finish, produce an objectionable glare are hereby prohibited. No permit shall be issued for the erection of any awning or canopy which in the opinion of the Building Commissioner would produce loads or stresses dangerous to the building on which it is erected. It shall be the duty of the owner or tenant of the building on which any awning or canopy is erected to maintain said awning or canopy in a safe con- dition and at the height above the sidewalk prescribed by this ordinance. Frames and fixtures of awnings and canopies shall be securely attached to the building with approved-type screws and bolts having corrosion resistant coating. Nails or wooden plugs shall not be used for making attachment to masonry, nor shall nails be used in making attachment to wood construction. The frames and supporting members of awnings and canopies shall be of adequate strength and proper design to prevent sagging and to resist wind stresses. The minimum allowable live and/or wind load shall be twenty-five (25) pounds per square foot, and the structure shall be de- signed against uplift. The Building Commissioner may require the applicant for permit to submit complete plans and specifications and stress analysis for the pro- posed construction before issuing the permit. Such stress analysis shall be made by a professional engineer holding a certificate of registration to practice in the State of Texas. Any awning or canopy erected over any public sidewalk, street or alley which in the opinion of the Building Commissioner has become unsafe, unsightly or dilapidated because of poor design, ordinary wear, poor main- tenance, damage or other reason shall be deemed a nuisance. The Building Commissioner shall order the owner of such awning or canopy, or the owner's agent, to immediately repair or dismantle and remove same, and upon failure of the owner or agent to comply with such order, the Building Commissioner is hereby authorized, and it shall be his duty, to dismantle and remove said unsafe awning or canopy. Wood slat awnings or canopies shall be constructed of only those species of wood which are classified by the Forest Products Laboratory as being highly resistant to decay under conditions favorable to decay. Wood slats shall be a minimum of one-fourth (1/4) of an inch thick and shall be securely fastened to adequate framework. Metal slat awnings shall be constructed of corrosion-resistant.metal or metal which has a corrosion-resistant surface. Paragraph 24-1-2. EXISTING AWNINGS AND CANOPIES: Awning3 and canopies existing at the time of enactment of this ordinance may continue in use for a period of three (3) years without alteration, pro- vided that they were erected and maintained in conformity with the ordinance under which erected, except that those which in the opinion of the Building Commissioner are unsafe shall be removed or made safe. At the end of said three (3) year period, all such awnings and canopies shall be removed or al tered to fully comply with all provisions of this ordinance. Section 24-2 Marquees or Permanently Fixed Awnings Paragraph 24-2-1. MARQUEES OR PERMANENTLY FIXED AWNINGS: Marquees or permanently fixed awnings shall be distinguished from fixed awnings referred to in Section 24-1 in that they are constructed as a structural part of the building on which they are erected, and shall be hereinafter referred to as "marquee." The Building Commissioner is hereby empowered to issue permits for the construction and maintenance of such marquee to extend over public side- walks as a protection to the entrance of buildings upon satisfactory com- pliance with all the provisions of this section by the applicant therefor. Location: A marquee may be erected over public sidewalks as a protec- tion to the entrance of theatres, churches or publicly owned auditoriums, and such marquee may extend continuously across the front of such buildings but shall not extend nearer than three (3) feet to the next adjoining line of property owned or under control of persons other than the owner of said marquee. A marquee may be erected over public sidewalks as a protection to the entrance of other business buildings provided that such marquee shall not be nearer than forty (40) feet to the next adjoining line of property owned or under control of persons other than the owner of said marquee, except that the marquee erected as a protection to a side entrance of a business building, where said building abuts on an alley or the rear of a building fronting in the opposite direction, shall not be nearer than five (5) feet to the next adjoining property line. In no case shall the width of any such marquee on any such business building, other than the places of public as- sembly mentioned hereinabove, exceed the width of the opening to be protected plus four (4) feet. The lowest part of any marquee shall be not less than nine (9) feet above the grade of the sidewalk directly below same, and the vertical face of any marquee shall not exceed seven (7) feet. No marquee shall project more than twelve (12) feet beyond the face of the building on which erected, and shall in no case be nearer than two (2) feet to the face of any curb. General: Every marquee erected on•a building of First Class or Second Class "A" construction shall be constructed entirely of noncombustible ma- terials, but those erected on buildings of Second Class "B", "C" or "D" construction may be constructed of combustible materials supported on a metal frame, and the underside of such marquee shall be protected with a noncombustible ceiling and the roof covering shall be of fire-retardant ma- terial. Every marquee shall be designed to carry a live load of not less than sixty (60) pounds per square foot in addition to all dead loads. No posts or columns shall be erected or installed in or on any public sidewalk or street for the purpose of supporting any marquee. Every marquee shall be entirely supported by the building on which erected. The roof of every marquee shall slope to drain toward the building on which erected, and water from the roof shall be conducted by downspouts on the building to a drainpipe laid under the sidewalk and discharging into the street gutter. Pitched, oval or half-round marquees shall have gutters to conduct water to downspouts and drainpipes as described above. Every marquee shall be located and arranged so that it will not inter- fere with any exterior standpipe, stairway, fire escape or exit. Signs affixed to or made a part of any marquee shall conform with the requirements of Chapter 12 of Building Code Ordinance No. 1389, except that the lowest part of such signs shall not be less than nine (9) feet above the grade of the sidewalk directly thereunder. Permits and Fees: No new marquee shall be erected or shall any work or repairs be done on any existing marquee until after a building permit for same has been obtained from the Building Commissioner. The fees for building permits for marquees shall be the same as those required for other building construction as provided in Chapter 1, Section 1-5 of Building Code Ordinance No. 1389. SECTION 2. This ordinance shall be cumulative of all other ordinances of the City of Fort Worth affecting awnings, canopies and marquees and shall not repeal any of the provisions of said ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provi- sions of this ordinance. SECTION 3. Should any section, clause or provision of this ordinance be declared unconstitutional by a court of competent jurisdiction, the said decision shall in no manner affect any portion of this ordinance except the particu- lar part held to be invalid, but all of the remaining portion shall continue in full force and effect. SECTION 4. Any person, firm, corporation or association of persons violating any provision of this ordinance shall be guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day that the ordinance is violated shall constitute a sepa- rate offense. SECTION 5. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication in the official newspaper of the City of Fort Worth, which publication shall be sufficient if it con- tains the title of this ordinance and states the penalty provided herein for the violation thereof. APPR EDAAS TO FORM: � Assistant City Attorney ORDINANCE r' Titl o Filet Dad of°_ 19- J City Secretary P.O.No.9713.T