Athens adopts ordinance allowing limited balconies and other aerial encroachments with safety, insurance and maintenance rules

ATHENS, Ala. — The Athens City Council voted 4-0 on Sept. 22, 2025, to add section 74-15 to the city code, establishing a formal process for permitting limited aerial encroachments such as balconies over public sidewalks. City attorneys and staff said the ordinance requires structural and plan review, indemnity and insurance provisions, maintenance obligations, and an agreement running with the land that allows the city to require removal if the feature becomes a safety hazard. Eric Waddell, the city attorney, told the council the ordinance "relates to, like, the construction of balconies or other encroachments. They're gonna be over the public ways, public rights of way," and that the process would put existing ad hoc approvals into written procedures. Waddell said the building inspection and street departments would review proposals to ensure the encroachment would not interfere with city operations and that any approved agreement would include defense and indemnity language, insurance requirements and obligations to keep the improvement in good repair. He cited past ad hoc approvals — a grease trap and a large shopping-center sign — as examples of encroachments previously handled case-by-case. Council members discussed downtown aesthetics and compatibility; staff explained that aesthetic compatibility and structural review are part of the proposed review process. The ordinance was adopted by roll call, 4 yeas, 0 nays.