Chapter 323 - STREET ENCROACHMENTS

Sec. 322.106. - Installation standards. Chapter 324 - SAFEGUARDS DURING CONSTRUCTION Chapter 323 - STREET ENCROACHMENTS[1]

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State Law reference— Florida Building Codes Act, F.S. § 553.70 et seq.; state minimum building codes, F.S. § 553.73.

State rule reference—State minimum building codes, F.A.C. 9B-3.047.

Sec. 323.101. - General.

Except as otherwise provided in this Chapter, no part of a building or structure shall project beyond a street line or a building line.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 3; Ord. 2001-1160-E, § 2)

Note— Former § 900-402.1; § 322.301.

Sec. 323.102. - Projections removable.

A part of a building or structure permitted by Section 320.104 to project beyond a street line or building line shall be so constructed that its removal may be made without causing the building or structure to become structurally unsafe.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 3; Ord. 2001-1160-E, § 3)

Note— Former § 900-402.2; § 322.302.

Sec. 323.103. - Structural support.

No part of a building or structure that is necessary for structural safety shall project beyond a street line or building line. However, this prohibition shall not be deemed to prohibit the projection of footings or foundations beyond the street line or beyond the building line within the street line, to an extent of not more than 18 inches; nor shall it be deemed to prohibit the projection beyond the street line or beyond the building line within the street line of footings or foundations to any extent if the projecting parts are not less than eight feet below sidewalk level. The projections shall be permitted only when approved by the JEA and the Public Works Department.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 3; Ord. 2001-1160-E, § 4)

Note— Former § 900-402.3; § 322.303.

Sec. 323.104. - Permissible projections.

Under the conditions prescribed in this Part and within the limitations specified herein, the following projections shall be permissible. When a building line has not been established, the street line shall control.

(a)

The main cornice, meaning thereby a moulded projection at or near the top of wall that faces on a street, may project beyond the building line not more than three feet if the main cornice is not less than twelve feet above the curb level at all points.

(b)

Cornices of show windows, porches, and metal awning covers may project beyond the building line not more than 15 inches, if the projections are not less than nine feet above the sidewalk level.

(c)

Mouldings, belt courses, lintels, sills, architraves, pediments and similar projections of a decorative character may extend beyond the building line not more than four inches when they are less than ten feet above curb level, and not more than ten inches when they are ten feet or more above curb level.

(d)

Columns, pilasters and other similar ornamental projections, including their mouldings and bases, erected for esthetic reasons, may project beyond the building line not more than twelve inches.

(e)

Rustications and quoins may project beyond the building line not more than four inches.

(f)

Base courses may project beyond the building line not more than one and one-quarter percent of the width of the street but not more than ten inches in any case, if they do not extend more than five feet above curb level.

(g)

No door shall be hung so as to project, when in any position, beyond the building line, except that exit doors, after swinging 180 degrees, may project not more than four inches beyond the building line.

(h)

Marquees which are permanent horizontal roof structures may extend beyond the building line and across the sidewalk to a line not nearer than 18 inches to the curb line. All portions of the marquees, regardless of projection, shall be not less than ten feet above the sidewalk level and shall be constructed of noncorrodible, noncombustible materials of an approved design with provision made for drainage in vertical conductors and lighting.

(i)

Awnings attached to buildings or structures may extend beyond the building line not more than six feet nor nearer than 18 inches to the curb line if they are not less than eight feet above the sidewalk level; provided, awnings shall not be wind activated or inflatable.

(j)

Fire escapes on existing buildings required by The Florida Building Code constructed of steel or other noncombustible material, may project beyond the building line not more than six feet but no part of the fire escapes shall be less than twelve feet above the sidewalk; provided, that nothing in this Part shall prevent the use, in connection with permissible fire escapes, of movable stairs to the sidewalk, so arranged that they are twelve feet or more above the sidewalk when not in actual use.

(k)

Areaways may project beyond the building line not more than four feet; provided, that every areaway shall be covered over at the street level by a grating of approved noncombustible material.

(l)

Vaults entirely below the sidewalk level may extend beyond the street line but not beyond the curb line; provided, that every vault shall be roofed over at the street level by approved masonry, reinforced concrete or steel beams with masonry arches.

(m)

Openings in the roofs of vaults under street surfaces shall be provided with substantial covers of noncombustible materials, flush with the top surface and constructed to limit the danger of persons slipping thereon. Covers shall be maintained normally closed and, when open for use, shall be fully guarded to prevent accidents.

(n)

Glass used in vault lights shall not exceed 16 square inches for one light and shall be of an approved design and shape.

(o)

Exterior hose connections for firefighting equipment and fresh air inlets may project not more than twelve inches beyond the building line through the street wall at least two feet above the street level.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 3; Ord. 92-1768-1444, § 6; Ord. 2001-1160-E, § 5)

Note— Former § 900-402.4; § 322.304.

Sec. 323.105. - Limitations.

Nothing in this Building Code shall be deemed to authorize a projection beyond the street line that is prohibited by other law. No projection shall extend beyond a vertical line within 18 inches of a curb line and all projections shall be subject to the approval of the JEA and Public Works Department.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 3; Ord. 92-1768-1444, § 6)

Note— Former § 900-402.5; § 322.305.

Sec. 323.106. - Permits revocable.

Permission, expressed or implied in the provisions of this Part, to construct a building or structure so as to project beyond the street line or building line is revocable by the City at will.

(Ord. 71-342-174; Ord. 83-591-400, § 1)

Note— Former § 900-402.6; § 322.306.

Sec. 323.107. - Alterations and additions.

No change or addition shall be made to a part of a building or structure projecting beyond the street line or building line except in conformity with the provisions of this Building Code.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 3)

Note— Former § 900-402.7; § 322.307.

Sec. 323.108. - Existing encroachments.

Parts of buildings or structures existing on September 11, 1971, which project beyond the street line or building line may be maintained as constructed until their removal is directed by the City.

(Ord. 71-342-174; Ord. 83-591-400, § 1; Ord. 85-1201-663, § 3)

Note— Former § 900-402.8; § 322.308.

Sec. 323.109. - Building construction adjacent to bridges and elevated highways.

No highway bridge or elevated highway structure shall be constructed over or adjacent to an existing building or an existing structure nor shall a building or structure be constructed under or adjacent to an existing highway bridge or elevated highway structure, unless the following requirements are met:

(a)

Highway bridges or elevated highway structures shall not be built over existing buildings or structures unless the buildings or structures are of fire-resistive construction and are not used as a high hazard or industrial occupancy.

(b)

Buildings or structures shall not be built under or within 30 feet, measured horizontally, of the vertical projection of an existing highway bridge or elevated highway structure unless the buildings or structures are of fire-resistive construction and are not used as a high hazard or industrial occupancy.

(c)

There shall be a clearance of not less than four feet, measured horizontally, between any part of the superstructure of a highway bridge or elevated highway structure and any part of a building or structure and ten feet between any part of the substructure, supporting columns or pier of a highway bridge or elevated highway structure and any part of a building or structure.

(d)

There shall be a vertical clearance of not less than 15 feet between the underside of a highway bridge or elevated highway structure and any portion of a building or structure under or within four feet of the vertical projection of a highway bridge or elevated highway structure.

(Ord. 88-792-455, § 1)

Sec. 322.106. - Installation standards. Chapter 324 - SAFEGUARDS DURING CONSTRUCTION