The fire limits within the City of New Rochelle
shall be as follows:
B.
Fire Limits B: all land and structures situated wholly
or partially in residence zoned districts as designated in the Official
Zoning Ordinance of the City of New Rochelle, other than those specifically
designated as outside the fire limits.
C.
Outside fire limits: all land and structures situated
wholly or partially in an R-1AA, R-1A, R-1AD, R-TH, R-1B, R-2, R-2ATH
or R-3A Zoned District, as designated on the Official Zoning Ordinance
of the City of New Rochelle.[2]
[Amended 4-17-1990 by Ord. No. 92-1990]
[2]
Editor's Note: Amended during codification.
A building, structure or land located in more
than one fire limit shall be deemed to be entirely within the more
restrictive fire limit.
[Amended 3-18-2003 by Ord. No. 63-2003]
Except as hereinafter provided, no portion of a building or other structure shall encroach upon or project into any street, alley, park or other public property without a special permit having been issued therefor by the Council of the City of New Rochelle, New York, except as specifically stated in § 111-39, and the owner of any building, any part of which encroaches on public property, shall be liable to the City of New Rochelle for damage which may result to any person or property by reason of such encroachment, whether or not such encroachment is specifically allowed by the State Code.
A.
Removal of projections. The owner of a building or
other structure, any part of which projects in or encroaches upon
public property, shall remove said projection or encroachment upon
being ordered to do so by the Building Official, and the City of New
Rochelle shall not be liable for any damages resulting to the property
by reason of such order.
B.
Maintenance of projections. All such projections on
buildings shall be structurally safe and shall be kept in safe condition
and shall be repaired when necessary in the opinion of the Building
Official and at the expense of the owner of the building from which
they project.
C.
Below grade. No part of a building hereafter erected
below grade that is necessary for structural support of the building
shall project beyond the lot lines, except that the footings of street
walls or their supports located at least eight feet below grade may
project not more than 12 inches beyond the street lot line.
D.
Projections necessary for safety. In any specific
application, the Building Official may designate by approved rules
such architectural features and accessories which are deemed desirable
or necessary for the health or safety of the public and the extent
to which they may project beyond the street lot line or the building
line subject to all provisions and restrictions that may be otherwise
prescribed by law, ordinance or rule of the authorities having jurisdiction.
E.
Permits revocable. Any permit granted or permission
expressed or implied in the provisions of this code to construct a
building so as to project beyond the street lot line shall be revocable
by the City of New Rochelle, New York, at will.
F.
Existing encroachments. Parts of existing buildings
and structures which already project beyond the street lot line or
building line may be maintained as constructed until their removal
is directed by the proper municipal authorities.
Subject to such provisions as may be otherwise
prescribed by law or ordinance or by rule of the Department of Public
Works, the following projections shall be permitted beyond the street
lot line or the building line, as the case may be:
A.
Main cornices or roof eaves. Main cornices or roof
eaves located at least 12 feet above the curb shall project not more
than two feet.
B.
Belt courses; lintels; sills; architraves; pediments.
Belt courses, lintels, sills, architraves, pediments and similar architectural
decorations shall project not more than four inches when less than
10 feet above the curb level and not more than 10 inches when 10 feet
or more above the curb level.
C.
Ornamental columns or pilasters. Ornamental columns
or pilasters, including the bases and moldings which emphasize the
main entrance of the building, shall project not more than 12 inches.
D.
Movable awnings. Movable awnings with the lowest portion
at least eight feet above the curb level shall project not closer
than two feet to the curbline.
E.
Awning covers or boxes. Awning covers or boxes located
at least eight feet above the curb level shall project no more than
one foot.
F.
Fixed awnings and canopies. Fixed awnings and canopies
at least 10 feet above the sidewalk may project not closer than two
feet to the curbline; but if the lowest portion of such marquee or
fixed awning is located 13 1/2 feet or more above the sidewalk,
it may project to the vertical plane through the curb.
G.
Vaults, areas, etc.
(1)
Permit required. No vault, area or tank for the storage
of fuel oil or gasoline shall be permitted under any public sidewalk
or area until a permit has been obtained from the Building Official
for the excavation and construction of said vault, area or tank.
(2)
Expiration of permits. Permits issued by the Building Official shall expire on December 31 next following such issuance and shall be paid for at the annual rate prescribed in § 111-42C(9), and for any period of less than one year, at the pro rata amount thereof, payable in advance.
(3)
Projection and use. Vaults below the sidewalk level
shall extend not closer than three feet to the curbline; and the construction
and use of such vaults shall be subject to the terms and conditions
of the municipal authorities having jurisdiction.
H.
Hose connections. Hose connections for interior fire-extinguishing
requirements and fresh-air inlets for plumbing systems may project
through a street wall not more than 12 inches beyond the building
line.
