§ 33-78. Awning or storm shutter on building where compliance with setback impossible.

Where it is not possible to comply with setback requirements from official right-of-way lines because of the location of the existing building, the erection of the awning or storm shutter is hereby permitted on a temporary basis on said building closer to the official right-of-way than heretofore permitted, under the following conditions:

(1)

That said awning or shutter does not extend more than nine (9) feet from the building wall.

(2)

That proper and safe vertical clearance is provided.

(3)

That written approval is secured from the Department of Public Works, and State Road Department (where State road is involved).

(4)

That where the awning or shutter extends over dedicated right-of-way and a curb and sidewalk exist, the awning or shutter shall come no closer than eighteen (18) inches to the curbline. If a curb and sidewalk do not exist, no extension shall be made over dedicated right-of-way.

(5)

That where the awning or shutter extends over official right-of-way, which has not been dedicated, the awning or shutter shall come no closer than eighteen (18) inches to the dedicated right-of-way line.

(6)

An agreement shall be executed and recorded and signed by the property owner and tenant if other than an owner occupant, to remove the awning or shutter when deemed necessary by the Department because of widening of the adjacent right-of-way.

(7)

That proper permits shall be secured from the Department.

(Ord. No. 57-19, § 5(FF)(C), 10-22-57; Ord. No. 95-215, § 1, 12-5-95)