City of Industry Municipal Code Art. V Overhead Structures

"Overhead structure"

means any structure extending over the dedicated portion of a highway, including canopies but excluding such projections, from buildings as are enumerated in Chapter 45 of the building code of the city.

(Ord. 23 § 141, 1957)

A person shall not erect or maintain any overhead structure without a permit from the commissioner.

(Ord. 23 § 142, 1957)

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

(Ord. 23 § 143, 1957)

A. The commissioner 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 commissioner shall refund the difference to the person making the deposit, in the same manner as provided by law for the repayment of trust moneys.

B. 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 commissioner.

(Ord. 23 § 144, 1957)

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

(Ord. 23 § 145, 1957)

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

(Ord. 23 § 146, 1957)

Each overhead structure other than a canopy shall be not less than fifteen feet above the highest portion of the highway surface over which such overhead structure extends. If the commissioner 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 commissioner.

(Ord. 23 § 147, 1957)

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 sixteen inches beyond the metal posts.

(Ord. 23 § 148, 1957)

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.

(Ord. 23 § 149, 1957)

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

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

B. That the permit was obtained by fraud; or

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

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

(Ord. 23 § 150, 1957)

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

(Ord. 23 § 151, 1957)

Upon receiving a notice of appeal the city council shall hold a hearing, either before itself or before a referee. Upon the evidence at such hearing the city council may reverse, affirm, or modify the action of the commissioner.

(Ord. 23 § 152, 1957)

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.

(Ord. 23 § 153, 1957)

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.

(Ord. 23 § 154, 1957)

Any permit to erect or maintain a canopy shall be treated and deemed to be a permit to maintain an overhead structure, and all of the provisions of this article apply to such permit and to such permittee.

(Ord. 23 § 155, 1957)