Anderson Municipal Code Ch. 12.28 Overhead Structures

For the purposes of this chapter, "overhead structure" means any structure extending over the dedicated portion of a street, including canopies, but excluding such projections from buildings as baywindows, windows, doors and the like.

(Prior code § 19.59)

No person shall erect or maintain any overhead structure without a permit therefor from the city engineer and nothing contained in this chapter shall authorize the violation of, nor constitute an exception to, the provisions of Chapters 15.04 and 15.32 of this code.

(Prior code § 19.60)

An application for a permit to construct or to maintain an overhead structure shall be in writing upon forms provided by the city engineer.

(Prior code § 19.61)

An applicant for a permit to construct or to maintain a canopy shall procure and file with the city engineer a policy of public liability insurance in an amount not less than one hundred thousand dollars. Such policy shall include the city as a named insured.

(Prior code § 19.62)

An applicant for a permit to erect or maintain an overhead structure shall deposit with the city engineer an amount estimated by the city engineer to be equal to twice the actual cost of all necessary engineering, inspection and repair of any sidewalk or highway surface which may be injured by such construction.

(Prior code § 19.63)

The city engineer shall deduct from the deposit the amount of the issuance fee and the actual cost to the city of the required engineering and inspection and of repairing any sidewalk or highway surface necessitated by such construction. If such cost and fee is less than the deposit, the city engineer shall refund the difference to the person making the deposit in the same manner as provided by law for the repayment of trust moneys.

If the cost plus the issuance fee exceeds the deposit, the permittee shall pay the excess to the city within fifteen days after receiving a statement of such excess from the city engineer.

(Prior code § 19.64)

If it appears to the city engineer that the overhead structure will not, insofar as he can foresee at the time of the application, create a hazard of any kind, that it will comply with this chapter and all other provisions of this code, and that the deposit has been made, he shall issue the permit. Otherwise he shall deny the permit.

(Prior code § 19.65)

The city engineer may revoke any permit to construct or maintain an overhead structure if he finds:

A. Any state of facts which would have required that the permit be denied;

B. That the permit was obtained by fraud;

C. That the overhead structure is a hazard of any kind; or

D. That any money due to the city pursuant to this chapter has not been paid.

(Prior code § 19.69)

Within ten days after a permittee has received notice from the city engineer that his permit to construct or maintain an overhead structure has been revoked, the permittee may file a notice of appeal with the city council.

(Prior code § 19.70)

Upon receiving a notice of appeal, the city council shall hold a hearing upon giving at least five days' written notice of the time and place of such hearing to the person appealing. The hearing shall be upon the question of the revocation of such permit by reason of the person so appealing having violated a provision of this code relative thereto. Upon the evidence of such hearing, the city council may reverse, affirm or modify the action of the city engineer.

(Prior code § 19.71)

A revocation of a permit to erect or maintain an overhead structure becomes effective on the date specified in the order of the city council on its decision on appeal, if an appeal is filed, otherwise when the time for appeal has expired. If no date is specified in the order of the city council, the revocation becomes effective on the date of such action.

(Prior code § 19.72)

Upon the effective date of a revocation, the person maintaining the overhead structure shall remove such overhead structure, including all framework and supports, and restore the highway or sidewalk, as the case may be, to its original condition.

(Prior code § 19.73)

Each overhead structure other than a canopy shall be not less than eighteen feet above the highest portion of the highway surface over which such overhead structure extends. If the city engineer finds that traffic conditions are such that it is necessary for highway safety that such structure be at a greater height, then such structure shall be at such greater height, as specified by the city engineer.

(Prior code § 19.66)

A canopy shall not exceed ten feet in width and, except for the vertical supports, each canopy shall have a vertical clearance of not less than eight feet at every point and shall not exceed twelve feet in height. A valance or border, if made of canvas, cloth or similar fabric, shall be at least seven feet above the sidewalk or parkway at every point. If the canopy is covered with metal, no portion of the valance or border shall be less than seven feet six inches above the sidewalk or parkway at every point.

(Prior code § 19.68)

Each canopy shall be supported by metal posts set into the sidewalk, parkway or other portion of the highway not designed for use by motor vehicles, on a line two feet back from the face of the curb, if any, otherwise from the edge of the portion of the highway designed for use by motor vehicles, and shall be constructed in such a manner that no portion thereof shall extend toward the roadway more than six inches beyond the metal posts.

(Prior code § 19.67)