Chapter 12.06
OVERHANG STRUCTURES ON PUBLIC SIDEWALKS
Sections:
12.06.009 Building permit required.
12.06.040 Approval by registered architect.
12.06.060 Hold harmless agreement--Liability.
12.06.005 Definitions.
For the purposes of this chapter, the words and terms in this section shall have the following meanings:
"Awning" shall mean a roof of canvas or other material supported by a suspended frame securely attached to a building, to provide protection from the weather or sun.
"Lessee" shall mean each and every person named on a written lease, or a party to an oral lease, of real property.
"Owner" shall mean the legal owner of real property, as evidenced by the real property records of the county of Yakima, held by the Yakima County auditor. (Ord. 1250 §2F, 2011)
12.06.007 Applicability.
This chapter shall be applicable only in the business districts of the city of Wapato for awnings overhanging sidewalks and city rights-of-way. Nothing in this chapter shall override or avoid the provisions of the Wapato building code or Wapato zoning code, Titles 15 and 17. (Ord. 1250 §2G, 2011)
12.06.009 Building permit required.
A building permit is required for the construction of any awning. (Ord. 1250 §2H, 2011)
12.06.010 Post supports--Setback and spacing.
Repealed by Ord. 1250. (Ord. 885 §1(part), 1989: Ord. 884 §4, 1989)
12.06.020 Post supports--Noncombustible.
Repealed by Ord. 1250. (Ord. 885 51(part), 1989: Ord. 884 55, 1989)
12.06.030 Post supports--Footings.
Repealed by Ord. 1250. (Ord. 885 §1 (part), 1989: Ord. 884 §6, 1989)
12.06.040 Approval by registered architect.
All awnings in or over a sidewalk or the public right-of-way are to be designed and stamped approved by a Washington state registered architect or engineer prior to issuance of the permit required by Section 12.06.009. (Ord. 1250 §1C, 2011: Ord. 885 §1(part), 1989: Ord. 884 §7, 1989)
12.06.050 Design requirements.
Repealed by Ord. 1250. (Ord. 885 §1(part), 1989: Ord. 884 §8, 1989)
12.06.060 Hold harmless agreement--Liability.
Upon application for any building permit for the construction of any awning over a sidewalk or the public right-of-way, the owner of the property, and any lessee thereof, shall execute a written agreement holding the city, its officers, agents and employees harmless from any and all liability, causes of action, damages and claims for damages brought or threatened as a result of the planning, construction and/or maintenance of the awning. The owner of the property and any lessee thereof shall also agree, in writing, to defend and indemnify the city, its officers, agents and employees from any and all such claims, lawsuits, damages and/or liability occasioned by the planning, construction and maintenance of the awnings. (Ord. 1250 §1D, 2011: Ord. 885 §1(part), 1989: Ord. 884 §9, 1989)