§ 22-18. Projections over sidewalk or right-of-way—Generally.  


Latest version.
  • (a)

    It shall be unlawful, except with the express approval of the city council, for any person to construct or install any structure, not covered by the North Carolina State Building Code, which projects into, overhangs or has its supports on the public sidewalks or rights-of-way. Before authorizing the construction or installation of any such structure, plans shall be submitted to the city council and the city council shall make the following findings:

    (1)

    The construction or installation must not in any way hinder, obstruct or delay or in any way endanger the free and safe use of a public sidewalk or right-of-way.

    (2)

    Inside the primary fire limits, the structure shall be made entirely of noncombustible material. Outside these fire limits, all combustible materials used in the construction or installation of any such structure shall be protected with not less than one-hour fire resistance protection, as specified in the North Carolina State Building Code.

    (3)

    The traffic engineer shall advise the city council as to whether the proposed structure will obstruct the view of motorists using any street, private driveway or approach to any street intersection.

    (4)

    The structure may extend over public property for a distance of not more than five (5) feet, provided no structure or any part thereof shall be placed closer than two (2) feet from the face of the curb on any street right-of-way.

    (5)

    The structure shall maintain a clear height of a minimum of eight (8) feet above the public sidewalk or right-of-way.

    (b)

    Permission for the use of the public rights-of-way for any use permitted in this section is contingent upon petitioner's compliance with the procedure set forth in section 22-19. Any such permission granted by the city council shall not relieve the petitioner from compliance with any other requirement of this Code and, further, such permission shall be subject to revocation by the council at will.

    (c)

    For the purpose of this section, structure is defined as that which is built or constructed.

(Code 1977, § 24-17)

Cross reference

Primary fire limits, § 7-1.