Section 110-246; Ord. 20284; Amending Chapter 6, Chapter 24 and Chapter 29 of the City Code relating to the projection of balconies into the public right-of-way


Ordinance No. 20284                             Council Bill No.  B 127-09

     AN ORDINANCE

amending Chapter 6, Chapter 24 and Chapter 29 of the City Code relating to the projection of balconies into the public right-of-way; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.    Chapter 6 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

Material to be deleted in strikeout; material to be added underlined.

Sec. 6-17. Amendments.

The code adopted by this article is hereby amended by substituting the following sections in lieu of those sections with corresponding numbers in the code, or, where there is no corresponding section in the code, the following sections shall be enacted as additions to the code:

. . .

3201.3. Other Laws: Add the following additional sentence to this paragraph: All encroachments by balconies into public right-of-way shall require a right of use permit or other specific approval of the city council. The previous sentence shall remain in effect only until October 15, 2008.  All encroachments by balconies into public rights-of-way shall conform to the requirements of this chapter and the requirements of section 24-2(c) and section 29-26(c) of the code of ordinances.

. . .

    SECTION 2.    Chapter 24 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

Material to be deleted in strikeout; material to be added underlined.

Sec. 24-2. Obstructing streets and sidewalks.

    Any person who shall deposit, place, paint, write, erect or maintain any structure, material, article, substance, decoration or thing on, in or above any street, curb, gutter, park, parkway, sidewalk or public place of the city, except as specifically authorized by the city council by resolution, or as otherwise provided for by ordinance or this Code, shall be deemed guilty of a misdemeanor; provided, however:

. . .

     (c)    That a building permit for the construction of a balcony extending over the public right-of-way in zoning district C-2 shall be issued only if the city council has granted a right of use permit for the balcony and the proposed construction complies with section 29-26(c) of this code and with the “encroachments into the public right-of-way” provisions of the Building Code of Columbia, Missouri, adopted in chapter 6 of this code.

    SECTION 3.    Chapter 29 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:

Material to be deleted in strikeout; material to be added underlined.

Sec. 29-26. Height and area exceptions.

    The regulations and requirements as to height of buildings and area of lot which may be occupied by buildings, side yards, front yards and rear yards; and other regulations and requirements as established in the sections of this chapter, shall be subject to the following exceptions and additional regulations:

. . .

     (c)    Balcony projections over property lines in district C-2:

     (1)    In district C-2, balconies on new, renovated or retrofitted construction may project into the public right-of-way only if:

         a.    The improvement complies with section 24-2(c) of this code; and

         b.    The balcony projects only over a public sidewalk.  No balcony shall project over the travel lanes of any public street or alley; and

         c.    The maximum protection and minimum height above the public sidewalk shall be governed by the Building Code of Columbia, Missouri, adopted in chapter 6 of this code; and

         d.    The proposed balcony meets all applicable design standards contained in this code and other ordinances passed by the city council.

    SECTION 4.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 1st day of June, 2009.