10-92 ORDINANCE NO. 10-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER SIX,
"INFRASTRUCTURE AND PUBLIC PROPERTY", SECTION
6.3.5, "CANOPIES", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT THE
CHIEF BUILDING OFFICIAL SHALL HAVE THE AUTHORITY
TO APPROVE CANOPIES, MARQUEES AND COVERED WALKWAYS
EXTENDING INTO THE PUBLIC RIGHT-OF-WAY, THROUGH
APPROVAL OF AN APPLICABLE AGREEMENT WITH THE CITY;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Six, "Infrastructure and
Public Property", Article 6.3, "Use and Work in the Public
Right-of-Way", Section 6.3.5, "Canopies", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 6.3.5 Canopies: Canopies, marquees and
covered walkways may extend into the public
right-of-way when approved by the ~/~~ Chief
Building Official through approval of an applicable
agreement with the City.
Section 2. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the llth day of March , 1992.
ATTEST:
City ~lerk '
First Reading February 25, 1992
Second Reading March 11, 1992
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~~
SUBJECT: AGENDA ITEM # /O C - MEETING OF MARCH 11o 1992
QRDINANCE NO. 10-92
DATE: March 6, 1992
This is a second reading of an ordinance amending the Land
Development Regulations to provided that the Chief Building Official
shall have the authority to approve canopies, marquees and covered
walkways extending into the public right-of-way, through approval of
an applicable agreement with the City.
Section 6.3.5 of the Land Development Regulations currently states
that canopies, marquees and covered walkways may extend into the
public right-of-way when approved by the City Commission through
approval of an applicable agreement with the City. This proposed
amendment would grant the Chief Building Official that authority.
If this amendment is approved, construction of canopies, etc. would
be regulated by Section 2201.2 and 2201.3 of the Building Code, a
copy of which is attached.
The Planning and Zoning Board at their February 24th meeting
recommended approval.
Recommend approval of Ordinance No. 10-92 on second and final
reading.
MEMORANDUM
TO: DAVID HARDEN - CITY MANAGER
FROM: LULA BUTLER - DIRECTOR, COMMUNITY IMPROVEMEN~
SUBJECT: AMENDMENT TO LDR'S - SEC. 6.3.5 CANOPIES
DATE: FEBRUARY 19, 1992
ITEM BEFORE THE COMMISSION:
Request City Commission approval to amend Section 6.3.5 of the LDR's
governing approval of canopies, marquees and covered walkways
extending into the public right-of-way.
BACKGROUND:
Section 6.3.5 currently states that canopies, marquees and covered
walkways may extend into the public right-of-way when approved by the
City Commission through approval of an applicable agreement with the
City.
We are proposing that the code be amended to grant the Building
Official the authority to approve such items. Therefore, the proposed
amendment would read as follows: canopies, marquees and covered
walkways may extend into the public right-of-way when approved by the
Chief Building Official through approval of an applicable agreement
with the City. Proposed change is identified by the underscore.
Permits are issued in compliance with Chapter 5, Section 5-1 of the
Life Safety Code 101 and Chapter 22 of the Standard Building Code.
(Code sections are attached for your reference)
RECOMMENDATION:
The Department of Community Improvement recommends City Commission
approval on the proposed code amendment to Section 6.3.5 of the Land
Development Regulations. The Planning and Zoning Board will consider
this code amendment at their regular meeting on February 24, 1992.
LB:DQ
d12
Canopy. CC
CHAPTER 22
USE OF PUBLIC PROPERTY
2201 GENERAL
The usc of public property or any portion thereof, shall be in accordance
with the provisions of this chapter, except signs which shall conform to the
requirements of Chapter 23, and allowable use of public property during
construction in 2101.1.
2201.1 Doors And Windows
Doors shall not open or project upon public property. Exit doors, as specified
in Chapter II, which are required to open in the direction of exit travel,
shall be set back from the property line by means of vestibules or similar
enclosures. Windows which swing over public property shall have a clearance-
of not less than 8 ft above the sidewalk or ground level.
2201.2 M~rquees, Canopies Or Fixed Awnings
2201.2.1 Fixed awnings, marquees or canopies shall be entirely suppor~e[1
from the building.
2201.2.2 All combustible materials used in the construction of such canopies,
awnings or marquees, shall be protected with not less than 1-hour fire resistance
as specified in Chapter 10. All glazing in marquees, canopies, or fixed awnings
shall be of wired glass.
2201.2.3 Ever3' fiXed awning, canopy or marquee shall be at least 9 ft in
the clear, between the lowest point or projection and a sidewalk immediately
below. See 2303.5. The fixed awning, canopy or marquee shall not extend
or occupy more than tWo-thirds of the width of sidewalk measured from
the building, except that such fixed awning, canopy or marquee may occupy
the entire width of the sidewalk, provided it is 14 ft in the clear above the
sidewalk. The overall height of any marquee or canopy, including signs,
shall not exceed 8 ft measured from the roof of such marquee.
2201.2.4 Marquees or canopies designed for a roof live load of not less
than 40 psf shall be permitted the full width of the building (front) and
full depth of the building, corner location.
2201.3 I~lovable Awnings
Metal or canvas awnings may extend over public property for a distance
of not more than 5 ft, provided such awnings or any part thereof maintain
a clear height of 8 ft above the sidewalk. All such movable awnings shall
be supported on metal frames attached to the building.
2201.4 Prohibited Locations
2201.4.1 Every awning, marquee or canopy shall be so located as not to
interfere with the operation of any exterior standpipe, stairway or exit from
the building.
2201.4.2 Awnings, marquees or canopies shall not be used as a landing
for any fire escape or exterior stair.
Standard Building Code/1988 381
ORDINANCE NO. 10-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER SIX,
"INFRASTRUCTURE AND PUBLIC PROPERTY", SECTION
6.3.5, "CANOPIES", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT THE
CHIEF BUILDING OFFICIAL SHALL HAVE THE AUTHORITY
TO APPROVE CANOPIES, MARQUEES AND COVERED WALKWAYS
EXTENDING INTO THE PUBLIC RIGHT-OF-WAY, THROUGH
APPROVAL OF AN APPLICABLE AGREEMENT WITH THE CITY;
PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL
REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Six, "Infrastructure and
Public Property", Article 6.3, "Use and Work in the Public
Right-of-Way", Section 6.3.5, "Canopies", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
Section 6.3.5 Canopies: Canopies, marquees and
covered walkways may extend into the public
right-of-way when approved by the ~/~%~ Chief
Buildinq Official through approval of an applicable
agreement with the City.
Section 2. That should any section or provision of
this ordinance or any portion thereof, any paragraph, sentence or
word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the
remainder hereof as a whole or part thereof other than the part
declared to be invalid.
Section 3. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on. this the __ day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: A~ENDA ITEM ~/~ C - MEETING OF FEBRUARY 25. 1992
ORDINANCE NO. 10-92
DATE: February 21, 1992
This is a first reading of an ordinance amending the Land Development
Regulations to provide that the Chief Building Official shall have
the authority to approve canopies, marquees and covered walkways
extending into the public right-of-way, through approval of an
applicable agreement with the City.
Section 6.3.5 of the Land Development Regulations currently states
that canopies, marquees and covered walkways may extend into the
public right-of-way when approved by the City Commission through
approval of an applicable agreement with the City. This proposed
amendment would grant the Chief Building Official that authority.
If this amendment is approved, construction of canopies, etc. would
be regulated by Section 2201.2 and 2201.3 of the Building Code, a
copy-of which is attached.
The Planning and Zoning Board will review this item at their February
24th meeting. Their findings and recommendations will be presented
at the February 25th regular meeting.
Recommend approval of Ordinance No. 10-92 on first reading subject to
the findings and recommendations of the Planning and Zoning Board.
, Agenda Item No.:
~ AGENDA REQU.. E.ST-
Date: 2/I9/92
Request to be placed on:,
X Regular Agenda Special Agenda Workshop Agenda
When: 2/25/92
Description of agenda item (who, what, where, how much):
Amendment Ssec. 6.3.5 of the LDR's to Krant the Chief BuildinK 0fficial
the authority to approve canopies, marquees and..covered walkways which
extend into the public right-of-way
ORDINANCE/ RESOLUTION REQUIRED: ~NO Draft Attached: ~NO
Recomme nda t ion: Approval
Department Head
Dete~inatio~ of Cons~stenc~ ~;,~%~ /-~ - ...,.,e Plan:
City Attorney ~eview/ Recommendation
Budget Director Review (required on all items involving expenditure
of funds):
Funding available: YES/ NO
Funding alternatives: (if applicable)
Account No. & Description:
Account Balance:
City Manager Review:
Approved for agenda: NO
Hold Until: '
Agenda Coordinator Review:
Received:
Action: Approved/Disapproved