[Amended 5-23-2017 by Ord. No. 2017-141]
No person shall construct or alter a building
so as to encroach upon the right-of-way, except in accordance with
and subject to provisions of the Charter and Code of the City of Rochester.
Any permission, express or implied, to construct any part of a building
so as to encroach shall be revocable at will by the Council or the
City Engineer; and any aboveground portion of a building permitted
to encroach shall be constructed so that it may be removed at any
time without causing the building to become structurally unsafe, in
whole or in part, subject to such exemptions as may be provided in
the Charter and Code of the City of Rochester.
This article shall not authorize encroachments
whose removal is directed by any action of the Council. The authorization
of encroachments other than those specified in this article is prohibited.
A.
The City Engineer may adopt rules and regulations relating to the
construction and maintenance of encroachments in the City, including
encroachments by telecommunication facilities.
[Amended 5-23-2017 by Ord. No. 2017-141]
B.
Permits for the construction of encroachments shall
be issued in writing by the City Engineer, and the City Engineer may
place reasonable restrictions upon any permit granted hereunder.
C.
All encroachments existing prior to February 23, 1971,
may be maintained as constructed, unless their removal, relocation
or modification is directed by the Council or the City Engineer.
A.
No person shall construct an above-surface encroachment, including
telecommunication facilities, without a permit in writing issued by
the City Engineer. No permit shall be issued for any above-surface
encroachment that is closer than two feet to the curbline. No permit
shall be issued for any above-surface encroachment which creates a
hazard or impairs the free passage of pedestrians, vehicles or maintenance
equipment. In addition to the permit required hereunder, no person
shall construct or install above-surface telecommunication facilities
without a franchise or licensing agreement as required by the Municipal
Code.
[Amended 5-23-2017 by Ord. No. 2017-141]
B.
The City Engineer may issue permits for above-surface
encroachments which meet the following standards:
(1)
Veneer. A veneer may be applied to the entire facade
of an existing building if such veneer does not encroach more than
four inches beyond the right-of-way line.
[Amended 5-23-2017 by Ord. No. 2017-141]
(2)
Entrance details. Entrance details, including steps,
and doors when fully opened, may be constructed to encroach not more
than two feet beyond the right-of-way line. Entrance steps that encroach
shall be guarded at each end by railings or cheek pieces at least
three feet high or by other members of the entrance detail providing
equivalent protection.
[Amended 5-23-2017 by Ord. No. 2017-141]
(3)
Architectural details. Details such as cornices, eaves,
bases, sills, headers, band course, opening frames, sun-control devices,
rustications, applied ornament or sculpture, grilles, windows when
fully opened, air-conditioning units and other similar elements may
be constructed to encroach not more than four inches beyond the right-of-way
line when less than 10 feet above the ground or sidewalk level and
not more than 10 inches beyond the right-of-way line when more than
10 feet above the ground or sidewalk level.
[Amended 5-23-2017 by Ord. No. 2017-141]
(4)
Balconies. Balconies, including railings and supporting
brackets, may be constructed to encroach not more than two feet beyond
the right-of-way line, provided that no part of such balcony may be
less than 10 feet above the ground or sidewalk level.
[Amended 5-23-2017 by Ord. No. 2017-141]
(5)
Fire escapes. When permitted by the Building Code,
fire escapes that are part of a required exit may be constructed to
encroach not more than four feet, six inches beyond the right-of-way
line, provided that no part, including any movable ladder or stair,
is lower than 10 feet above the ground or sidewalk level when not
in use.
[Amended 5-23-2017 by Ord. No. 2017-141]
(6)
Marquees. Marquees may be constructed on a building,
provided that no part of such marquee shall be lower than 10 feet
above the ground or sidewalk level. Marquees shall be supported entirely
from a building, except where the City Engineer determines that the
sidewalk is sufficiently wide so that the marquee can be supported
partly from footings on the ground without creating a hazard or impairing
the free passage of pedestrians, vehicles or maintenance equipment.
A marquee shall be defined as a roof-like structure projecting beyond
the facade of a building and usually supported by rods or chains attached
to the building.
(7)
Awnings, light fixtures and flagpoles. Awnings, light
fixtures and flagpoles may be constructed on a building, provided
that no part of such awning, light fixture or flagpole shall be lower
than eight feet above the ground or sidewalk level, except that the
fabric part of an awning or flag may extend to not lower than seven
feet, six inches, above the ground or sidewalk level. Awnings, light
fixtures and flagpoles shall be supported entirely from the building,
except where the City Engineer determines that the sidewalk is sufficiently
wide so that the awning, light fixture or flagpole can be supported
partly from footings on the ground without creating a hazard or impairing
the free passage of pedestrians, vehicles or maintenance equipment.
Permits for canvas awnings shall be issued for a period of five years,
after which time the owner shall seek a renewal.
(8)
Signs. All signs which encroach must be constructed in conformance with the provisions of the Zoning Code in § 120-177.
[Amended 11-19-2002 by Ord. No. 2002-354]
(9)
Storm enclosures. Seasonal permits may be issued for
the construction of storm enclosures encroaching not more than two
feet beyond the right-of-way line. Such enclosure shall be permitted
during the period from November 1 to the following May 1, and such
enclosure shall be removed at the end of this period.
[Amended 5-23-2017 by Ord. No. 2017-141]
(10)
Sidewalk cafes. Seasonal permits may be issued for sidewalk cafes during the period between April 1 and the following November 30. Such permit shall only be issued to applicants who will operate the cafe or a vending unit in connection with the operation of a legally established business on the first floor of the adjoining premises which fronts or empties onto the right-of-way at the approximate location where the sidewalk cafe permit is requested and which is engaged in the sale of food or beverages or other goods which may be legally consumed on the sidewalk. Such permit shall allow operation of a vending unit in compliance with all provisions of Chapter 62 of the Municipal Code. Sidewalk cafe permits may take precedence over special Main Street vending permits if the sidewalk cafe permit has been applied for before a date specified by the Commissioner of Environmental Services and if said location is actually used for a sidewalk cafe in accordance with rules and regulations as established by the Commissioner of Environmental Services.
[Amended 3-14-1989 by Ord. No. 89-80; 6-18-2002 by Ord. No. 2002-205; 5-14-2013 by Ord. No.
2013-140; 5-23-2017 by Ord. No. 2017-141]
(11)
Public service facilities. Public service facilities,
such as bus shelters and telephone booths, may be constructed, provided
that they do not create a hazard or impair the free passage of pedestrians,
vehicles or maintenance equipment.
(12)
Banners. Temporary permits may be issued for
the construction of banners which encroach, provided that no part
of such banner is lower than 14 feet above the ground or sidewalk
level. The City Engineer may require a higher clearance along heavily
traveled streets or where the banner may interfere with a driver's
view of the road. Banners shall be securely anchored to the buildings
with ties and stays sufficiently strong to support the banner in all
types of weather conditions. Particular attention shall be paid to
wind and moisture resistance in designing the anchors for the banner.
Applicants for permits shall submit written proof of authorization
from the owners of the buildings to which the banner shall be attached.
(13)
Telecommunication facilities. All telecommunication facilities
shall be constructed and installed using the least intrusive means
and equipment reasonably available and shall comply with all rules
and regulations adopted by the City Engineer as well as the terms
of the franchise or license agreement as required by the Municipal
Code.
[Added 5-23-2017 by Ord.
No. 2017-141]
C.
The City Engineer may issue a permit for an encroaching
bridge to be constructed between buildings after the Council specifically
approves the construction of such bridge.
A.
No person shall construct a subsurface encroachment without a permit
in writing issued by the City Engineer. In addition to the permit
required hereunder, no person shall construct or install a subsurface
telecommunication facilities encroachment without a franchise or licensing
agreement as required by the Municipal Code.
[Amended 5-23-2017 by Ord. No. 2017-141]
B.
The City Engineer may issue permits for subsurface
encroachments which meet the following standards:
(1)
Footings. Exterior wall and column footings may be
constructed to encroach not more than 12 inches beyond the right-of-way
line, provided that the top of the footing is not less than four feet
below the ground or sidewalk level.
[Amended 5-23-2017 by Ord. No. 2017-141]
(2)
Foundation walls. Foundation walls which are required
to support permitted encroachments may be constructed to encroach
not more than the permitted encroachment does.
(3)
Vaults and areaways. Vaults and areaways may be constructed
to encroach, provided that such encroachment does not extend beyond
the curbline. Vaults and areaways must be maintained by the permittee.
[Amended 5-23-2017 by Ord. No. 2017-141]
(4)
Telecommunication facilities. All telecommunication facilities shall
be constructed and installed using the least intrusive means and equipment
reasonably available and shall comply with all rules and regulations
adopted by the City Engineer as well as the terms of the franchise
or license agreement as required by the Municipal Code.
[Added 5-23-2017 by Ord.
No. 2017-141]
C.
The City Engineer may issue a permit for an encroaching
tunnel to be constructed between buildings after the Council specifically
approves the construction of such tunnel.
[Amended 2-14-2006 by Ord. No. 2006-22]
An applicant may appeal the denial of an encroachment
permit or any interpretation of a provision of this article by filing
an appeal in writing with the Commissioner of Environmental Services
within 10 days of the denial or interpretation. The Commissioner may
conduct a hearing on the appeal to collect and review pertinent information
and will notify the applicant of his or her determination within 20
days.
[Amended 2-14-2006 by Ord. No. 2006-22; 5-23-2017 by Ord. No. 2017-141]
If the front or other exterior wall of any building erected
after January 1, 1965, in the City encroaches not more than six inches
into the right-of-way, no action or proceeding to compel the removal
of such wall shall be instituted or maintained by or on behalf of
the City or by or on behalf of any person claiming an easement in
or title to the portion of the street on which such wall encroaches,
unless such action or proceeding is commenced within the period of
one year from the time of the serving of a notice as hereinafter provided
and unless within such period a notice of the pendency of such action
or proceeding, describing the property on which said building stands
and indexed against the owner thereof, is filed in the office of the
Clerk of the County of Monroe. Any person having any interest in the
property on which such building stands may serve a notice on the Corporation
Counsel of the City, setting forth a brief description of the property,
his or her interest therein and the existence of an encroachment on
the right-of-way or highway. Such notice, together with proof or admission
of service thereof, shall be filed in the office of the Clerk of the
County of Monroe. The Clerk shall index and record such notice as
if it were a notice of the pendency of an action and shall collect
the usual fees for recording and indexing a notice of the pendency
of an action. If no action be brought within the period hereby limited
therefor, the owners and encumbrancers of such property shall be deemed
to have an easement for the maintenance of the encroaching wall so
long as the wall shall stand and no longer.
Encroachments shall be kept free and clear of
snow, ice, dirt and other obstructions. Encroachments shall be properly
drained and otherwise maintained and shall be constructed so as to
be structurally safe. Above-surface encroachments shall be securely
supported from the building. The permittee shall be liable for any
claims or damages arising from the construction and maintenance of
any encroachment. This Article shall not be construed as imposing
liability on the city, its officers or employees for any damages or
claims arising from the construction or maintenance of any encroachment;
nor shall the city, its officers or employees be deemed to have assumed
any liability or responsibility by reason of the issuance of any permit,
the approval of any encroachment or any inspections made at the site
of any encroachment.
A.
All unauthorized encroachments are hereby declared
to be a nuisance and are unlawful.
