[Adopted 10-16-2019 by L.L. No. 7-2019]
The purpose of this article is to establish regulations for
the design, construction, installation and maintenance of seasonal
vestibules in the City of Rye, in order to maintain safe conditions
that protect the well-being of the community and to allow for additional
insulation and protections to be provided during the winter season.
A.
No person, firm or corporation conducting or maintaining any place
of business in the entire City shall keep, use, erect, construct or
maintain any vestibule in or upon the sidewalks or rights-of-way in
the City unless the person, firm or corporation obtains a vestibule
permit from the City of Rye Building Inspector.
A.
All applications for vestibule permits shall be submitted to the
City of Rye Building Department and contain the following information:
(1)
The name and business address of the applicant.
(2)
The name of the street, alley or sidewalk onto which it is desired
to place the vestibule.
(3)
A site plan with appropriate dimensions showing the size and configuration
of the vestibule and the extent of encroachment on adjacent City property,
the location of adjacent buildings and storefront entrances and the
dimensions to City curb and other existing obstructions (e.g., trees,
signs, planters or other street amenities).
(4)
A drawing showing the materials, color and other physical elements
and appearance of the vestibule in sufficient detail to facilitate
review by the Board of Architectural Review.
(5)
Other information and plans as may be required by the City of Rye
Building Department.
(6)
Application form and fee as set forth in the fee schedule adopted
by the City Council.
B.
No vestibule permit shall be issued until the Building Inspector
has approved the proposed vestibule location and the sufficiency of
the pedestrian pathway.
A.
Any vestibule permit shall be conditioned on the following:
(1)
Vestibule permits are effective from November 1 to April 15 each
year. Vestibule permits are only effective for one winter season.
(2)
Any vestibule must allow for at least five feet of unobstructed sidewalk
to allow for sufficient pedestrian passage.
(3)
Before any permit is issued, the applicant shall furnish the City
with proof of insurance naming the City of Rye as an additional insured
in the amount of at least $2,000,000 in addition to a signed and notarized
hold harmless and indemnification agreement holding the City of Rye
harmless from any liability and indemnifying the City of Rye. All
documents shall be submitted to the Building Department and subject
City Attorney for review and approval.
(4)
All vestibules shall be approved by the City of Rye Board of Architectural
Review prior to receiving a permit, which approval shall be valid
for a period not to exceed three seasons. Upon Board of Architectural
Review approval and prior to the start of each vestibule season, the
applicant shall file with the City Building Department an application
form and fee as set forth in the fee schedule of the City budget adopted
by the City Council. Filing with the Building Department shall only
be permitted if there have been no enforcement actions against the
applicant in the preceding season for failure to comply with the original
permit approved by the Board of Architectural Review.
B.
Any person, firm or corporation which has a vestibule located on
the sidewalk along any streets or City rights-of-way in the City shall
immediately remove same or comply with the terms of this article.
A.
The Building Inspector may deny a vestibule permit or modify the
above requirements if such vestibule would interfere with safe pedestrian
passage on a particular area of sidewalk. If the Building Inspector
denies a permit, he/she must state his/her reason(s) for denying the
vestibule permit, in writing, and mail a copy of the written decision
to the applicant.
B.
The Building Inspector may issue a notice of violation for persons
or entities violating any provision of this article or conditions
of the approved vestibule permit. Such notice shall be in writing
and specify the provision(s) violated, the remedial action to be taken
and the time limit for compliance, which shall be no less than three
days from the date of the mailing of the notice of violation.
C.
If a person, firm or corporation willfully and consistently fails
to comply with the provisions of this article, the City may take any
necessary steps to ensure a clear pedestrian pathway of at least five
feet and assess against such party the costs of maintaining such pedestrian
pathway.
D.
Right of appeal. Any holder of a vestibule permit who has had his/her
permit revoked or who has been ordered by the Building Inspector to
incur expense in connection with the clearing or maintenance of a
vestibule, or any applicant whose application has been denied, may
appeal to the Board of Appeals within 15 days of such revocation,
order or decision.
Prior to the issuance of a vestibule permit, application and
seasonal licensing fees as set forth in the fee schedule adopted by
the City Council.
