§ 270-25. Sidewalk Planters and Other Furnishing Zone Items.

Any private party wishing to place a planter or other furnishing zone items upon a public sidewalk shall submit an application to the Department of Development containing the information requested thereon. The description of the planter or other furnishing zone items and the accompanying sketch or plan shall be sufficiently detailed in order to determine the structural integrity of the proposed display and how it will be anchored to the ground. Proposed planters and other furnishing zone items located within the Downtown Overlay Zone (DOZ) shall comply with all DOZ regulations. Proposed planters and other furnishing zone items located outside of the DOZ shall comply with the sections of this code. All submissions shall be reviewed by the Department of Public Works and shall be required to be approved by the Municipal Arts Commission (MAC).

A. 

Size and Positioning of Planters. A permit for a planter or other furnishing zone items may only be issued to the owner or the tenant of a building in a zoned district permitting such use and abutting the public sidewalk adjacent thereto, provided that the following requirements are met:

(1) 

Planters or other furnishing zone items may be placed adjacent to either the building or within the furnishing zone alongside the curbline. If placed at curbside, a clearance of no less than one foot from the curb to the exterior perimeter of the planter or furnishing is required. A pedestrian clearway of not less than four feet six inches in width is required. This clearance must be accepted and approved by the MAC.

(2) 

The area to be used for the planter or other furnishing zone item must not extend beyond the extension of the side property lines onto abutting properties nor impede access to crosswalks, fire hydrants, parking meters or other street placements installed by the City of New Rochelle.

(3) 

A clear unoccupied space must be provided, not less than three feet in width, from all entrances of the building abutting the sidewalk to the perimeter of the planter or other furnishing zone item.

(4) 

The maximum height of the planter or furnishing zone item, including plantings, is 10 feet. The total width of the planter(s) and other furnishing zone items shall be proportional to the frontage of the building or tenant's space and shall be approved by the MAC.

B. 

Color Palette of Planters and other furnishing zone items. To use color in a way that enhances the existing building and surrounding environment, planters and street furnishings shall comply with one of the approved color palettes. The selected palette should complement the building exterior for the property and abutting properties and must be approved by the MAC. Acceptable designs will typically involve up to two colors within the color scheme, one as a field color and one as an accent.

(1) 

Color Scheme A: Naturals: Taupe, terra cotta, brown and forest green.

(2) 

Color Scheme B: Black, white.

C. 

Planter or other Furnishing Zone Item Maintenance.

(1) 

It shall be unlawful to sweep or deposit any litter, paper, cans, glass, dirt, filth, etc., into the planter or furnishing zone item.

(2) 

It shall be the duty of every owner, superintendent, lessee, occupant, tenant or other person exercising supervision and control of the operation of business or commercial, manufacturing or multiple-dwelling property to ensure all planters and/or street furnishings placed on their property are kept clear of all litter, paper, cans, glass, dirt, filth, etc. Additionally, no advertising banners or signs may be placed within or upon the planter or furnishing.

D. 

Fees. The fee for each permit shall be as set forth in Chapter 133, Fees, payable upon the issuance of the permit.

Added 3-28-2017 by Ord. No. 58-2017; amended 7-18-2017 by Ord. No. 151-2017; 4-17-2018 by Ord. No. 2018-70