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ORDINANCE NO. 2025-2383 AN OR...
ORDINANCE NO. 2025-2383
AN ORDINANCE
CONCERNING BALCONIES AND PUBLIC STREETS/SIDEWALKS
_________________________
WHEREAS, Alabama law provides that the City may manage and regulate the use of the public ways and sidewalks in the city through its police power in the interest of, among other things, traffic regulation and public health and safety;
WHEREAS, there are public ways and sidewalks within certain parts of the city that are of such sufficient size and location as to accommodate the needs of the public and to also be available for the limited use above those areas for balconies or similar limited encroachments by adjacent property owners;
WHEREAS, the Athens City Council recognizes that in some areas of the city, the construction of balconies and similar limited encroachments generally would not be available due to the tight arrangement of the buildings and sidewalks;
WHEREAS, the Athens City Council recognizes that allowing such balconies and other limited encroachments may be appropriate in cases where the proposed balcony or other limited encroachment: (i) does not interfere with any of the City's foreseeable public improvement plans; (ii) does not unreasonably disturb, block, threaten, or disrupt the City's current operations and/or the general public's use of the public streets and sidewalks; (iii) does not reasonably appear to present any danger to the general public; and (iv) is designed and will be constructed so as to be aesthetically suitable and compatible with the area in which the balcony or similar encroachment is situated; and
WHEREAS, the Athens City Council of the City of Athens desires to set out a process whereby private property owners may utilize certain aerial space above a public sidewalk for a balcony or similar limited encroachment.
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on September 22, 2025 at 4:30 p.m., as follows:
Section 1. Section 74-15 shall be added to Chapter 74 of the City Code of the City of Athens, Alabama, as set forth in this Ordinance:
Sec. 74-15. - Balconies and Similar Encroachments Over Public Sidewalks and Rights of Way.
(a) The City's Building Inspection Department (through its Chief Building Inspector or his/her designee), with the concurrence of the Director of the Street Department, may approve and permit any person owning real property lying adjacent to a public sidewalk and/or public right of way to construct and maintain a balcony or similar encroachment (including but not limited to projection signage, lighting, and awnings (where the same are not otherwise prohibited by other laws and ordinances)), extending in the aerial space over the public sidewalk and/or public right of way upon the determination by the department that the balcony or similar encroachment: (i) does not interfere with any of the City's foreseeable public improvement plans; (ii) does not unreasonably disturb, block, threaten, or disrupt the City's current operations and/or the general public's use of the public streets and sidewalks; (iii) does not reasonably appear to present any danger to the general public; and (iv) is designed and will be constructed so as to be aesthetically suitable and compatible with the area in which the balcony or similar encroachment is situated.
(b) Prior to issuing such approval and permit, the Building Inspection Department shall require that the person seeking such approval/permit enter into an agreement with the City providing for the following: (i) a complete description, by reference to plans prepared and approved by a licensed structural engineer, of the proposed balcony or similar encroachment, showing its composition, design, material, and location with respect to the adjacent public sidewalk and/or public right of way; (ii) a license to construct and maintain the balcony or similar encroachment; (iii) a fee of $500 from the licensee to the department, in addition to the costs of any other fees/charges to the City, to reimburse the department for the cost of its review of the plans and the preparation of the agreement; (iv) the licensee's compliance with all applicable laws and ordinances (including but not limited to local building codes); (v) the licensee's obligation to maintain the balcony or similar encroachment in a good and safe condition, in good repair, at all times; (vi) the licensee's obligation not to permit or cause any act or practice to be adopted which would be likely to cause injury or damage to any person; (vii) the licensee's obligation to seek and obtain a building permit from the department with respect to the balcony or similar encroachment; (viii) the licensee's obligation to release and indemnify the City from any liabilities associated with the balcony or similar encroachment; (ix) the licensee's obligation to obtain suitable liability insurance to protect against risks related to the balcony or similar encroachment; (x) the acknowledgement that the terms of the agreement shall run with the land and bind any and all successors in interest to the licensee's property; (xi) the licensee's agreement that its use of the licensed area is not exclusive and is subordinate to the City's use of the same; and (xii) the licensee's agreement that the City may, in its sole and reasonable discretion, temporarily suspend or terminate the license and/or the agreement at any time, or remove the balcony or similar encroachment as deemed reasonably necessary by the City for reasons of public safety, public order, or other public purpose (and that the City may do these things without compensation to the licensee). The department may impose such other terms and conditions as deemed necessary that do not conflict with this section.
(c) The Building Inspection Department may adopt rules and regulations carrying out this Section, including but not limited to setting minimum vertical clearances for sidewalks and public ways, and maximum limitations on horizontal encroachments above sidewalks and public ways.
Section 2. This Ordinance shall become effective upon its adoption and publication as required by law.
Section 3. If any provision of this Ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable.
Section 4. No other provision of the Code of Ordinances of the City of Athens (the "City Code") is amended by this Ordinance, unless specifically stated and referenced herein.
Section 5. The provisions of this Ordinance shall be included and incorporated in the City Code as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the City Code.
ADOPTED this the 22nd day of September, 2025.
_________________________JAMES LUCAS, CITY COUNCIL PRESIDENT
APPROVED this the 22nd day of September, 2025.
_________________________WILLIAM R. MARKS, MAYOR
ATTEST:
______________________
ANNETTE BARNES-THREET, CITY CLERK
CERTIFICATION OF CITY CLERK
STATE OF ALABAMA )
LIMESTONE COUNTY )
I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the 22nd day of September, 2025.
Witness my hand and seal of office this the 22nd day of September, 2025.
__________________________
Annette Barnes-Threet, City Clerk
The News Courier
September 27, 2025
AN ORDINANCE
CONCERNING BALCONIES AND PUBLIC STREETS/SIDEWALKS
_________________________
WHEREAS, Alabama law provides that the City may manage and regulate the use of the public ways and sidewalks in the city through its police power in the interest of, among other things, traffic regulation and public health and safety;
WHEREAS, there are public ways and sidewalks within certain parts of the city that are of such sufficient size and location as to accommodate the needs of the public and to also be available for the limited use above those areas for balconies or similar limited encroachments by adjacent property owners;
WHEREAS, the Athens City Council recognizes that in some areas of the city, the construction of balconies and similar limited encroachments generally would not be available due to the tight arrangement of the buildings and sidewalks;
WHEREAS, the Athens City Council recognizes that allowing such balconies and other limited encroachments may be appropriate in cases where the proposed balcony or other limited encroachment: (i) does not interfere with any of the City's foreseeable public improvement plans; (ii) does not unreasonably disturb, block, threaten, or disrupt the City's current operations and/or the general public's use of the public streets and sidewalks; (iii) does not reasonably appear to present any danger to the general public; and (iv) is designed and will be constructed so as to be aesthetically suitable and compatible with the area in which the balcony or similar encroachment is situated; and
WHEREAS, the Athens City Council of the City of Athens desires to set out a process whereby private property owners may utilize certain aerial space above a public sidewalk for a balcony or similar limited encroachment.
THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ATHENS, ALABAMA while in regular session on September 22, 2025 at 4:30 p.m., as follows:
Section 1. Section 74-15 shall be added to Chapter 74 of the City Code of the City of Athens, Alabama, as set forth in this Ordinance:
Sec. 74-15. - Balconies and Similar Encroachments Over Public Sidewalks and Rights of Way.
(a) The City's Building Inspection Department (through its Chief Building Inspector or his/her designee), with the concurrence of the Director of the Street Department, may approve and permit any person owning real property lying adjacent to a public sidewalk and/or public right of way to construct and maintain a balcony or similar encroachment (including but not limited to projection signage, lighting, and awnings (where the same are not otherwise prohibited by other laws and ordinances)), extending in the aerial space over the public sidewalk and/or public right of way upon the determination by the department that the balcony or similar encroachment: (i) does not interfere with any of the City's foreseeable public improvement plans; (ii) does not unreasonably disturb, block, threaten, or disrupt the City's current operations and/or the general public's use of the public streets and sidewalks; (iii) does not reasonably appear to present any danger to the general public; and (iv) is designed and will be constructed so as to be aesthetically suitable and compatible with the area in which the balcony or similar encroachment is situated.
(b) Prior to issuing such approval and permit, the Building Inspection Department shall require that the person seeking such approval/permit enter into an agreement with the City providing for the following: (i) a complete description, by reference to plans prepared and approved by a licensed structural engineer, of the proposed balcony or similar encroachment, showing its composition, design, material, and location with respect to the adjacent public sidewalk and/or public right of way; (ii) a license to construct and maintain the balcony or similar encroachment; (iii) a fee of $500 from the licensee to the department, in addition to the costs of any other fees/charges to the City, to reimburse the department for the cost of its review of the plans and the preparation of the agreement; (iv) the licensee's compliance with all applicable laws and ordinances (including but not limited to local building codes); (v) the licensee's obligation to maintain the balcony or similar encroachment in a good and safe condition, in good repair, at all times; (vi) the licensee's obligation not to permit or cause any act or practice to be adopted which would be likely to cause injury or damage to any person; (vii) the licensee's obligation to seek and obtain a building permit from the department with respect to the balcony or similar encroachment; (viii) the licensee's obligation to release and indemnify the City from any liabilities associated with the balcony or similar encroachment; (ix) the licensee's obligation to obtain suitable liability insurance to protect against risks related to the balcony or similar encroachment; (x) the acknowledgement that the terms of the agreement shall run with the land and bind any and all successors in interest to the licensee's property; (xi) the licensee's agreement that its use of the licensed area is not exclusive and is subordinate to the City's use of the same; and (xii) the licensee's agreement that the City may, in its sole and reasonable discretion, temporarily suspend or terminate the license and/or the agreement at any time, or remove the balcony or similar encroachment as deemed reasonably necessary by the City for reasons of public safety, public order, or other public purpose (and that the City may do these things without compensation to the licensee). The department may impose such other terms and conditions as deemed necessary that do not conflict with this section.
(c) The Building Inspection Department may adopt rules and regulations carrying out this Section, including but not limited to setting minimum vertical clearances for sidewalks and public ways, and maximum limitations on horizontal encroachments above sidewalks and public ways.
Section 2. This Ordinance shall become effective upon its adoption and publication as required by law.
Section 3. If any provision of this Ordinance, or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this code and such amendments and statutes are declared to be severable.
Section 4. No other provision of the Code of Ordinances of the City of Athens (the "City Code") is amended by this Ordinance, unless specifically stated and referenced herein.
Section 5. The provisions of this Ordinance shall be included and incorporated in the City Code as an addition or amendment thereto, and shall be appropriately renumbered as necessary to conform to the uniform numbering system of the City Code.
ADOPTED this the 22nd day of September, 2025.
_________________________JAMES LUCAS, CITY COUNCIL PRESIDENT
APPROVED this the 22nd day of September, 2025.
_________________________WILLIAM R. MARKS, MAYOR
ATTEST:
______________________
ANNETTE BARNES-THREET, CITY CLERK
CERTIFICATION OF CITY CLERK
STATE OF ALABAMA )
LIMESTONE COUNTY )
I, Annette Barnes, City Clerk of the City of Athens, Alabama, do hereby certify that the above and foregoing is a true and correct copy of the Ordinance duly adopted by the City Council of the City of Athens, on the 22nd day of September, 2025.
Witness my hand and seal of office this the 22nd day of September, 2025.
__________________________
Annette Barnes-Threet, City Clerk
The News Courier
September 27, 2025
Posted Online 32 weeks ago
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