(a)

Awning. A detachable covering, intended to provide protection against sun or weather, supported by a rigid frame. Awnings may be installed so as to remain in a fixed position or be installed in a manner permitting raising and lowering or shifting to function as a shutter to close entirely the protected opening. An awning must be supported entirely from the walls of the building to which it is attached or cantilevered.

(b)

Canopy. A covering, intended to provide protection against the sun or weather, which is mounted on a rigid metal frame, and is supported in full or in part by posts attached to the ground, a deck or a concrete slab. Attached canopies shall be supported, in part, by the wall of a permanent structure. "Freestanding" shall refer to canopies supported entirely by posts.

(c)

Tent. A portable shelter comprised of canvas or other cloth supported by a rigid frame or by poles, stakes and ropes, or both, and not attached to any building.

(d)

Cabanas (Canvas). A tent used on the beach, as accessory to hotel, motel or hotel-apartment use.

(e)

Canopy Carport. A vehicle shelter which is mounted on a rigid frame and supported by posts attached to the ground.

(Ord. No. 57-19, § 5(FF)(A), 10-22-57; Ord. No. 10-38, § 1, 6-3-10)

A permit must be obtained from the Department for all awnings, canopies and canopy carports to be installed in residential, business and industrial districts. Other installations covered by this article, though not requiring permits, shall comply with this article and all other applicable rules, regulations and codes. Such plans and drawings as may be deemed necessary to fully advise and acquaint the issuing Department with the location, construction and material of the installation, must accompany the application for permit.

(Ord. No. 57-19, § 5(FF)(B)(1), 10-22-57; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 10-38, § 2, 6-3-10)

Editor's note— Paragraph F of Section 5FF, of Ord. No. 57-19, from which this section was derived, was repealed by Section 1 of Ord. No. 60-2 enacted on January 19, 1960. The section levied fees for the permits required in Section 33-65. Permit fees are provided for in Section 33-285.

All installations covered by this article, whether requiring permits or not, shall comply with this chapter and all applicable construction codes and regulations.

Canvas shall not be used for structures or appurtenances thereto other than listed in [this] article.

(Ord. No. 57-19, § 5(FF)(B)(2), (4), 10-22-57)

All installations covered by this article requiring permits shall be subject to inspection and the permittee shall call the issuing Department for an inspection after the installation has been completed.

(Ord. No. 57-19, § 5(FF)(B)(3), 10-22-57)

In all residential districts, awnings comprised of wood, metal, canvas or other similar cloth material shall be permitted for the purpose of providing protection from the elements for doors, windows or other openings. Such awnings shall not project more than five (5) feet six (6) inches from the building wall nor extend closer than one (1) foot to any interior side property line.

(Ord. No. 57-19, § 5(FF)(B)(5), 10-22-57; Ord. No. 62-14, § 1, 3-6-62; Ord. No. 10-38, § 3, 6-3-10)

In all business and industrial districts, (including those districts requiring masonry construction), awnings comprised of wood, metal, canvas (or other similar cloth material) shall be permitted for the purpose of providing protection from the elements of doors, windows and other openings. Such awning shall not extend more than nine (9) feet from the building wall nor extend closer than two and one-half (2½) feet to the interior side property lines when projected from side walls, or closer than two and one-half (2½) feet to the rear property line, nor closer than seven (7) feet to any official right-of-way line. In no event shall such awning be used to shelter any merchandise, equipment, display or to be used for any commercial, industrial or storage purpose.

(Ord. No. 57-19, § 5(FF)(B)(6), 10-22-57; Ord. No. 10-38, § 4, 6-3-10)

(a)

Canopies comprised of a covering made of cloth, canvas, or other similar material shall be permitted within the side and rear yards in all residential districts subject to the regulations of this section. Canopies shall have a maximum height of ten feet as measured from grade to the lowest horizontal element of the frame structure with the total height of the structure not exceeding 15 feet. Canopies may encroach into the rear and side setback but shall not be located closer than ten feet to the rear property line and five feet to the interior side property line. On a side street, the canopy shall meet the principal building setback. In no event shall the area protected by the canopy be enclosed or screened in any manner. See section 33-75 for regulations related to canopy carports.

(b)

In addition to the requirements of section 33-71(a), an attached canopy comprised of cloth, canvas or other similar material shall project a maximum of 15 feet from the primary structure.

(c)

In addition to the requirements of Section 33-71(a), freestanding canopies comprised of cloth, canvas or other similar material shall not exceed 12 feet by 24 feet in size. Freestanding canopies exceeding the maximum size requirement may be permitted for authorized special events but shall not remain on the site for a period exceeding 30 days.

(d)

If the canopy has aluminum, shingle, or other solid roof, it shall be considered to be part of the principal structure and subject to all setbacks and height restrictions for principal structures.

(e)

The canopy shall be erected in such manner that it shall be removed during hurricanes.

(Ord. No. 57-19, § 5(FF)(B)(7), 10-22-57; Ord. No. 70-35, § 1, 4-29-70; Ord. No. 70-67, § 1, 9-15-70; Ord. No. 10-38, § 5, 6-3-10)

Editor's note— Section 6 of Ord. No. 10-38, adopted June 3, 2010, deleted § 33-72, which pertained to canopy shutters, and derived from Ord. No. 57-19, adopted Oct. 22, 1957.

In all RU-4, RU-4A and all business and industrial districts, canvas or metal canopies shall be permitted to extend from the entrance door of the principal structure concerned to the official right-of-way line for the purpose of providing shelter or covered walkway for guests or customers. Where a sidewalk and curb exist, the canopy may extend to within eighteen (18) inches of the curbline provided permission in writing is first secured from the Director of Public Works and/or State Road Department. In no event shall such canopy be screened or enclosed in any manner. Such installations must provide an unobstructed clear space between the grade and the bottom of the valance of at least six and one-half (6½) feet.

(Ord. No. 57-19, § 5(FF)(B)(8), 10-22-57)

In all RU-4 and RU-4A Districts, canvas cabanas shall be permitted where such use is incidental and accessory to a private club, hotel, apartment-hotel, or motel use, and where limited to the use of the guests of such establishments only. Cabanas shall not be used for overnight sleeping quarters or contain cooking facilities. Such cabanas shall comply with all applicable accessory building setback and spacing regulations and with lot coverage requirements. Canvas cabanas shall also be permitted as an incidental use in connection with publicly or privately owned and operated parks.

(Ord. No. 57-19, § 5(FF)(B)(9), 10-22-57)

In certain residential districts as shown in Section 33-50, attached or detached fabric, fiberglass or metal canopy carports shall be permitted. Such canopies shall comply with the setback requirements pursuant to Section 33-50 and with lot coverage requirements. The canopy carport shall not exceed ten (10) feet in height as measured from grade to the horizontal element of the frame structure. When placed in the front setback area, the canopy carport shall be no greater than one-half (½) the width of the residence. No more than one (1) such canopy carport shall be provided for each dwelling unit on the premises concerned.

(Ord. No. 57-19, § 5(FF)(B)(10), 10-22-57; Ord. No. 70-35, § 2, 4-29-70; Ord. No. 70-67, § 2, 9-15-70; Ord. No. 01-77, § 2, 4-24-01)

In EU Districts, detached metal and screened outdoor living quarters are permitted under the following conditions:

(a)

That the use of said structure be restricted to recreational utility purposes.

(b)

That the structure be made to comply with all requirements of the building code.

(c)

That no plumbing be permitted in said structures.

(Ord. No. 57-19, § 5(FF)(B)(11), 10-22-57)

(a)

In business and industrial districts where sales from open lots are specifically permitted by applicable regulations, and the use does not require the erection of any building, one (1) canvas or metal canopy not to exceed 288 square feet may be erected for each fifty (50) feet of lot frontage (on one (1) street only). In no event shall the area protected by the canopy be enclosed or screened in any manner. The canopy shall be erected in such manner that it shall be removed during hurricanes. The standard setbacks for structures in the particular districts concerned shall apply.

(b)

In business and industrial districts the erection of an approved permanent metal canopy shall be permitted not to exceed thirty (30) feet in depth and the length equivalent to the width of the lot, subject to all principal building setbacks being complied with.

(Ord. No. 57-19, § 5(FF)(B)(12), 10-22-57; Ord. No. 70-12, § 1, 2-18-70; Ord. No. 10-38, § 7, 6-3-10)

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)

The use and erection of tents shall be prohibited except for temporary use as shelter in connection with camping trips, outings for youth organizations, and other similar uses or where specifically permitted elsewhere in this chapter.

(Ord. No. 57-19, § 5(FF)(D), 10-22-57)

In AU and GU Districts, the use of canvas or metal structures and installations covered by this article shall be governed by the character of the neighborhood and use involved, and corresponding regulations shall apply.

(Ord. No. 57-19, § 5(FF)(E), 10-22-57)

Editor's note— Section 8 of Ord. No. 10-38, adopted June 3, 2010, deleted § 33-81, which pertained to signs identifying erector, and derived from Ord. No. 57-19, adopted Oct. 22, 1957.