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AN ORDINANCE TO ESTABLISH A STANDARD FOR THE CONSTRUCTION, MAINTENANCE AND LOCATION OF MARQUEES, CANOPIES AND/OR FIXED AWNINGS WITHIN THE JONESBORO CENTRAL BUSINESS IMPROVEMENT DISTRICT #1 AND TO PROVIDE FOR PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES
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BE IT ORDAINED by the City Council of the City of Jonesboro, Arkansas:
Section 1: Marquees, canopies and/or fixed awnings are defined as extending from a building over public property, including but not limited to sidewalks, supported entirely from the buildings, or by using columns and posts, either for support or for decorative purposes. Marquees canopies and/or fixed awnings shall be permitted with limitations as proposed and after approval of drawings and specifications by the city building inspector.
Section 2: All marquees, canopies and awnings shall be so constructed as to support all live and deal loads as specified by adopted building codes or ordinances of the City of Jonesboro, Arkansas.
Section 3: East and every awning, marquee or canopy shall be so located as to not interfere with the operation of any exterior stand pipes, stairways or exists from a building.
Section 4: All awnings, marquees and/or canopies shall not be used as landings for any fire escape or exterior stairway.
Section 5: Each and every fixed awning, canopy and/or marquee shall be at least nine feet in the clear between the lowest point or projection and the sidewalk immediately below.
Section 6: All marquees, canopies and/or awnings extending from a building over public property including but not limited to sidewalks is permitted only within the boundaries of the Jonesboro Central business Improvement District #1.
Section 7: When marquees, canopies and/or fixed awning utilize columns or posts for either structural support or for decorative purposes, said columns or posts shall be so placed to commence at a point two feet from the back of the curb to the face of the column or post abutting any street or alley within the City of Jonesboro.
Section 8: The maximum size of any column or post shall not exceed twelve inches by twelve inches. There shall be a minimum of five feet of unobstructed space between the columns or post. The building inspector, in documented hardship cases, may waive the minimum five foot separation requirements to a minimum separation requirement of four feet.
Section 9: All marquees, canopies and/or fixed awnings shall have a minimum of six feet of unobstructed sidewalk from the front or side of the building to the nearest point on the column or post.
Section 10: The permissible overhand of all marquees, canopies and/or fixed awnings shall not exceed 18 inches, where columns or posts are utilized under the provisions of this ordinance. Measurement of overhang shall be measured outward from the face of the column or post abutting a street or alley, however, in no case shall any overhand project closer than six inches to the back of a curb.
Section 11: All marquees, canopies and/or fixed awnings shall be considered as open type construction and shall not be enclosed whatsoever except for the ceiling and roof assemblies of the canopy, marquee or awning.
Section 12: A one hour fire separation shall be required at any point where combustible materials used in the construction of canopies, marquees and/or fixed awnings abut an existing building.
Section 13: Each property owners for that portion of the canopy, marquee and/or fixed awning extending in the front or side of their property shall be responsible for all maintenance and repair of said canopy, marquee and/or fixed awning.
Section 14: Every person, firm, association or corporation convicted of violation of any provision of this ordinance shall be punished by a fine of not more than $100.00. Each day a violation of this ordinance exists shall constitute a separate offense.
Section 15: The City of Jonesboro or any other person so aggrieved by a violation of this ordinance may petition a court of competent jurisdiction to enjoin the parties so violating this ordinance from erecting, awning in violation of this ordinance.
Section 16: All ordinances and/or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. This ordinance specifically repeals Section 2201.2, 2201.3, 2201.4, 2201.5, 2201.6 and 2202.2 of the Standard Building Code, 1976 Edition, adopted by the City of Jonesboro, Arkansas, and further repeals Section 20-8 and 20-9 of the Code of Ordinances for the City of Jonesboro, Arkansas.
Section 17: It is found and declared by the City Council of the City of Jonesboro, that due to the formation of the Jonesboro business improvement District #1, that there is a need for a comprehensive plan for marquees, canopies and/or fixed awnings so that the public health, welfare and safety will not be impaired by the construction of such structures that this ordinance is necessary for the protection and preservation of the public peace, health and safety, and that therefore an emergency is hereby declared to exist and this ordinance shall take effect and be in full force from and after its passage and approval.
PASSED and ADOPTED this 15th day of January, 1979.