§ 250-2. Vacant premises., Chapter 250. Property Maintenance, Part II. General Legislation, Code of Ordinances, New Rochelle

When the street-level premises of a mixed-use or commercial building in the City of New Rochelle, which is located other than in the Central Parking Area as shown on the Zoning Map under § 331-7 of the Zoning Code and which is visible to the public from an adjoining sidewalk or street, becomes vacant and remains vacant for a period in excess of 30 days, such premises shall be cleared out to broom-clean condition and its interior made fully visible to such adjoining sidewalk or street. All windows of such street level premises shall be kept in clear, good and unobstructed condition.

B1.

When the street-level premises of a building which is located in the Central Parking Area, as shown on the Zoning Map under § 331-7 of the Zoning Code, and which is visible to the public from an adjoining sidewalk or street becomes vacant and remains vacant for a period in excess of 30 days, the glass of its street-level premises shall be covered, either inside or outside, with a graphically designed covering which is constructed of heavy-duty material suitable for long-term use. The material of such covering shall be ultraviolet stabilized. Such covering shall not block visibility through that portion of streetfront glass located between 48 inches and 66 inches above the sidewalk. The design, material, and method of installation of such covering shall be subject to the prior approval of the Municipal Art Commission.

B2.

As an alternative to the provisions of Subsection B1 above, application may be made to the Municipal Art Commission to create an artistic display on or behind the streetfront glass, provided such display does not block visibility through that portion of streetfront glass located between 48 inches and 66 inches above the sidewalk level. Approval for this alternative shall be at the sole discretion of the Municipal Art Commission.

As an alternative to the provisions of Subsection A above, where the Building Official has determined that full visibility to the interior of a building is not in the public interest, the Building Official may order the owner, lessee or other responsible individual or entity of such mixed-use or commercial building to place a covering to block the view of the interior of the premises to public view. The covering shall be of such material as provided below that shall conceal the interior of the premises from public view. Said covering shall allow for not less than a three-by-three-inch and not more than a five-by-three-inch opening in any covering.

(1)

In no instance shall this covering consist of any substance sprayed on said windows or doors or of wooden boards, including but not limited to plywood, placed over said windows or doors, but rather may consist of the following which shall be maintained in a clean and neat condition:

(a)

Venetian or similar blinds;

(b)

Drapes, curtains or shades;

(c)

Window display which conceals the interior of the premises from public view; or

(d)

Such other covering as determined appropriate by the Building Official.

(2)

If said opening is protected by a temporary enclosure, that enclosure shall be in conformance with the Building Code for fire ratings and shall be in harmony with the architectural character of the structure.

When a Lot located in a commercial or mixed-use zoning district, which Lot is visible to the public from an adjoining sidewalk or street, becomes vacant and remains vacant without any use and/or new construction for more than six months, the owner of such Lot shall erect a wrought-iron fence on such Lot along each property line which fronts on a public right-of-way and shall plant evergreen vegetation on such Lot directly behind and at the same height as such fence.

(1)

This requirement may be waived by the Building Official based on one or more of the following:

(a)

The Lot has a currently valid building permit for construction on such Lot and construction is scheduled to commence within 30 days of the issuance of such permit;

(b)

The Lot has a currently valid site plan approval and/or zoning variance and an application for a building permit for construction on such Lot has been filed with the Building Official; and/or

(c)

The installation of such fence and vegetation would significantly impair traffic sight lines so as to create a public hazard or risk.

(2)

The height, design, location, and spacing of such fence and evergreen plantings shall be determined and ordered by the Building Official, based on the following factors:

(a)

Condition of the Lot;

(b)

Use of adjoining properties;

(c)

Required access to the Lot;

(d)

Landscaping and fencing on adjoining properties; and

(e)

Required sight distance for traffic.

(3)

In no event shall the height exceed six feet.