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Where permitted by the underlying zone, canopies and/or marquees may be extended over public sidewalks after a revocable license has been issued by the City in accordance with the conditions and procedures outlined below:

(1) Marquees or canopies may be supported by posts or columns that are attached to the ground within the public right-of-way, do not extend beyond the street curb line and provide a minimum of ten (10) feet of clearance for pedestrian passage.

(2) The licensee shall hold the City harmless on any and all damage to any property or person arising from the construction and maintenance of such canopies or marquees. Licensee shall assume and pay all costs of installation, maintenance, and removal of said canopy or marquee.

(3) The licensee shall agree to pay damages and hold the City harmless from any claim that may arise through the licensee’s use of public property for this purpose.

(4) Upon determination by the City that the license warrants revocation for any public cause, the licensee shall be provided a ninety (90) day written notice. Upon revocation all improvements must be removed from the public right-of-way at the full expense of the licensee. The City right-of-way shall be restored by the licensee at his own expense to a condition equivalent or better than that existing in the remainder of the block face, and to a condition satisfactory and acceptable to the City.

(5) Before a license shall be issued by the City, the design of the canopy or marquee and the materials used in the construction of said canopy or marquee shall first be reviewed by the Design Review Committee per the provisions of Section 14.34.280.

(6) The location of supporting columns or stanchions will not obstruct pedestrian traffic on the sidewalk, and will not materially affect existing landscaping or street furniture installations in the public right-of-way.

(7) All canopy or marquee installations will be in full conformance with the provisions of the latest edition of the International Building Code as adopted by Provo City and shall not be constructed until after the issuance of a building permit.

(8) Canopies or marquees shall remain open and unencumbered on three (3) sides except for required supporting columns, posts, or architectural features.

(9) In no event shall any portion of the public right-of-way be used for commercial storage, display, or other private use.

(10) The construction of any canopy or marquee under the provisions of this Section shall in no way deprive the public of use of the public right-of-way.

(Enacted 2010-31)