§ 198.105. Conditions of permitted new projections.

The following projections beyond a street line or building line shall be permitted:

A.

No Building Line. When a building line has not been established, the street line shall control.

B.

Application. This chapter does not apply to replacement projections.

C.

New Construction Additions. For purposes of new construction or additions to existing buildings, the Superintendent may grant the right to use the City rights-of-way up to a maximum of twelve inches as otherwise permitted in this section, and when the Superintendent deems it necessary for proper development.

D.

Miscellaneous. In addition to subsections A through C of this section, projections may be allowed for:

1.

The main cornice, or a molded projection at or near the top of a wall that faces a street, may project beyond the building when the cornice projects not more than one foot beyond the face of the wall, provided it is not less than twelve feet above the curb level at all points.

2.

Cornices of show windows, including awning covers, may project beyond the building line not more than one foot when not less than ten feet above the curb level at all points.

3.

Moldings, belt courses, lintels, stills, architraves, pediments, and similar projections of a decorative character, may extend beyond the building line not more than four inches when not less than ten feet above the curb level, and may extend beyond the building line not more than one foot when not less than thirty-five feet above the curb level at all points.

4.

Rustications and quoins may project beyond the building line not more than four inches when not less than ten feet above the curb level.

5.

No door in any position shall project beyond a street or public thoroughfare right-of-way line.

6.

Awnings attached to buildings may extend beyond the building line under the conditions and requirements of this building code.

7.

Fire escapes, fire ladders, and balconies to fire towers, or other required exits, shall be constructed of steel or other noncombustible material, when required for existing buildings, provided that their use is approved by the Superintendent and authorized by Council.

8.

The Director of Public Service may permit the construction of not more than two service chutes for each thirty feet of frontage. Chutes shall not extend closer than three feet six inches to the curb line, nor be placed closer than fifteen feet to another chute, nor closer than five feet to any side lot line extended. Chutes shall have a noncombustible structural cover approved by the Director of Public Service, and designed to carry a live load of not less than three hundred pounds per square foot (three hundred psf). Covers shall be flush with the paving surface, and when open, the person for whose use the covers have been opened shall protect the public by means of guards, barricades and lights as may be required to prevent injury. The covers shall be closed when the chute is not in use.

9.

Vaults for use of the space under a sidewalk may be constructed only when not a threat to public health, safety and welfare and when approved by the Director of Public Service and authorized by Council under provisions Council deems necessary, provided the vaults are entirely below the sidewalk level, do not extend closer than three feet to the curb line and have a roof designed to carry a live load of not less than three hundred pounds per square feet (three hundred psf) of horizontal area. The design of all vaults and their appurtenances shall first be submitted to the Director of Public Service for his approval. No construction of any vault may begin before the Superintendent issues a building permit.

a.

The owner of a building having a vault under a sidewalk or a service chute in a sidewalk, as an adjunct to his building, or a tenant of that building who has the right to use the vault or chute, shall keep the vault and chute, including the tops and covers of the vault or chute, in good order and repair. If any vault or chute, or top or cover of the vault or chute needs repair, it shall be repaired or removed and properly filled and paved over upon order from the Director of Public Service. If a person fails to comply with an order to repair or remove a vault or chute, the Director may repair, or remove, fill and pave to remedy all dangerous conditions. The cost to remedy the dangerous condition shall be paid out of the City Treasury on the certificate of the Director, and if the owner of the property with the vault or chute fails, neglects, or refuses to repay the City within thirty days after the repair or removal, the Director of Finance shall certify the expenses to the County Auditor. The County Auditor shall enter the expenses on the tax duplicate of the County as a special assessment upon the real estate that the chute or vault served or was constructed on, and the special assessment shall be collected as other taxes and assessments and refunded to the city.

b.

When public improvements made by the City require alterations or the remodeling of a vault under, or a service chute in, a sidewalk, the alterations or remodeling shall be done by the City and the total cost of the alterations or remodeling shall be charged as part of the improvement against the owner of the building to which the vault or chute was an accessory.

c.

With approval of the Director of Public Service, vault areas may project beyond the building line not more than four feet, provided that every area shall be covered over at the street or sidewalk level by an approved grating of metal or other noncombustible material.

(Ord. 388-1998)

(Ord. 291-2013)