[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.
B. 
The provisions of this article shall be enforced through the procedures set forth in Chapter 52, Enforcement Procedures, and the penalties set forth in Chapter 52 shall apply to violations of this article. The City Engineer may enforce this article.