Denver mayor approves ordinance changing right-of-way rules for balconies and planters
The ordinance revises balcony clearance and insurance rules, removes specific planter dimensions and clearances, and retains broader safety requirements.
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Denver Mayor Mike Johnston approved an ordinance Nov. 4 revising right-of-way rules for balconies and planters, two days after Denver City Council passed it. Council passed the bill en bloc, and the signed ordinance records the passage and approval dates.
For balconies extending up to four feet over a street right-of-way, the ordinance sets a 14-foot minimum between the balcony’s farthest projection and the back of the curb. It also requires at least five feet of unobstructed paved walking space beyond the projection. Applicants for permanent encroachments must provide insurance meeting city requirements, replacing the previous option of a bond or insurance.
The ordinance reserves Article XIV, Section 49-519, removing specific rules for planters, including minimum distances from the roadway, sidewalk-clearance requirements and a 24-inch minimum height. The former section also barred planters from interfering with pedestrian passage or access to traffic-control devices and street furniture. Section 49-521 is also reserved, removing language on annual permits, revocation without cause or written notice, and a process for proposing planter permit fees and rules for council approval.
Other planter requirements remain. Section 49-516 still allows the transportation and infrastructure manager to issue permits to owners of abutting private property or districts for planters outside the roadway. Sections 49-517(3) and 49-520 prohibit planters from interfering with safe and efficient vehicle or pedestrian movement and require permittees to keep them safe and clean and not obstruct pedestrian passage or right-of-way use and access.
The ordinance also authorizes the manager to revoke encroachment permits for reasons including traffic movement, public safety, convenience or necessity in use of the right-of-way, unpaid fees or neglected encroachments. The manager may order an encroachment removed within six days after written notice, with more time possible if granted in writing. If it is not removed, the city may remove it and seek the removal and restoration costs.
Under Denver’s City Charter, the ordinance takes effect after final publication unless it specifies another date. It has no separate effective-date clause, and the available signed copy does not establish when final publication will occur.