§ 111-38. Encroachments onto public property restricted.

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.

Amended 3-18-2003 by Ord. No. 63-2003