A.
Conformity required. No building shall be erected, constructed, moved,
altered, rebuilt or enlarged, nor shall any land, water or building
be used, designed or arranged to be used for any purpose except in
conformity with this chapter.
B.
Minimum requirements. In interpreting and applying this chapter,
the requirements contained herein are declared to be the minimum requirements
necessary for the protection and promotion of the public, safety,
morals, comfort, convenience and general welfare.
C.
Conflicting standards. This chapter shall not be deemed to affect
in any manner whatsoever any easements, covenants or other agreements
between parties; provided, however, that where this chapter imposes
a greater or lesser restriction upon the use of buildings or land,
or upon the erection, construction, establishment, movement, alteration
or enlargement of buildings than are imposed by other ordinances,
rules, regulations, licenses, certificates or other authorizations,
or by easements, covenants or agreements, the more restrictive requirements
shall prevail. Where any standard or provision of this chapter is
found to be inconsistent or in conflict with any other standard or
provision, the more restrictive requirement shall apply.
A.
Continuing existing uses, buildings and structures.
(1)
Except as otherwise provided herein, the lawfully permitted use of
lands or buildings and the lawfully permitted existence of buildings
and structures at the time of adoption of this chapter may be continued
although such use, building or structure does not conform to the standards
specified in this chapter for the district in which such lands, buildings
or structures are located. Similarly, whenever a zoning classification
or the restrictions affecting property within a district shall be
changed hereafter so as to render nonconforming a use, building or
structure then presently lawfully existing, such use, building or
structure may nevertheless continue subject to the conditions set
forth below. Said uses shall be deemed nonconforming uses and said
buildings and structures shall be deemed dimensionally nonconforming.
(2)
Any use in existence as of the effective date of this chapter which
is by this chapter made a special permit use in the district in which
it is located shall be presumed to have a special permit to the extent
such use is legally conforming as of the effective date of this chapter.
B.
Nonconforming use of land, buildings or structures.
(1)
The nonconforming use of land may be continued; provided, however,
that no such nonconforming use shall be enlarged or intensified, nor
shall it be extended to occupy a greater area of land than that occupied
by such use at the time of the adoption of this chapter, nor shall
the lot area be reduced, unless specifically allowed by other provisions
in this chapter, nor shall any such nonconforming use be moved in
whole or in part to any other portion of the lot or parcel of land
occupied by such nonconforming use at the time of the adoption of
this chapter.
(2)
A building or structure, the use of which does not conform to the
use regulations for the district in which it is situated, shall not
be enlarged, extended or altered structurally unless the use therein
is changed to a conforming use, or except to conform to an order of
the Building Commissioner to either correct an unsafe condition or
to conform to the requirements of applicable laws or ordinances.
(3)
No nonconforming use of a building or structure shall be enlarged
or extended, except that any such nonconforming use may be extended
throughout any parts of the building or structure which were obviously
or manifestly arranged or designed only for such use at the time of
the adoption or amendment of this chapter.
(4)
No nonconforming use shall be changed to another nonconforming use, except as provided in Subsection E.
(5)
If a nonconforming use ceases for any reason for a period of one
year, or is changed to a conforming use, any future use of the land,
building or structure shall be in conformity with the provisions of
this chapter. Substantial discontinuance of activities consistent
with or required for the operation of such nonconforming use or substantial
vacancy of the building or structure in which the nonconforming use
was conducted, together with substantial discontinuance of activities
consistent with or required for the operation of such nonconforming
use shall be deemed to constitute a cessation thereof within the meaning
of this chapter, irrespective of whether an intention to abandon the
nonconforming use may exist.
(6)
If any building or structure in which any nonconforming use is conducted
or maintained is hereafter removed, the subsequent use of the land
on which such building or structure was located and the subsequent
use of any building or structure thereon shall be in conformity with
the standards specified by this chapter for the district in which
such land is located.
C.
Dimensional nonconformity. A building or structure that is conforming
in use but does not conform to the lot dimension, yard dimension,
height, building coverage, floor area ratio, off-street parking, loading
or similar dimensional requirements of this chapter shall be deemed
to be dimensionally nonconforming. No building permit shall be issued
that will result in the increase of any such dimensional nonconformity,
but any building or structure or portion thereof may be altered to
decrease its dimensional nonconformity.
D.
Reconstruction.
(1)
Should a building or structure, the use of which, or the use of a
portion of which, is nonconforming, or which is dimensionally nonconforming,
be destroyed or damaged by any means to an extent greater than 50%
of the replacement cost of the entire building or structure used in
connection therewith at the time of the reconstruction, it shall not
thereafter be reconstructed or used except in conformity with the
provisions of this chapter.
(2)
Should a building or structure, the use of which, or the use of a
portion of which, is nonconforming or which is dimensionally nonconforming,
be destroyed or damaged by any means to an extent of 50% or less of
the replacement cost of the entire building or structure used in connection
therewith at the time of the reconstruction, it may be reconstructed
and any accompanying nonconforming use continued, provided that the
reconstruction is commenced within one year of the date of such damage
and completed within two years of said date, and further provided
that it shall be reconstructed in accordance with a plan approved
by the Board of Appeals on Zoning so as to result, where reasonable,
in greater conformity with this chapter.
E.
Change to other nonconforming use. On application, any nonconforming
use of land, buildings or structures may be changed to another nonconforming
use upon approval by the Zoning Board of Appeals based upon a finding
that the proposed use is more appropriate to the district than the
existing nonconforming use. In permitting such change, the Zoning
Board of Appeals may impose such conditions and safeguards as it may
deem necessary or appropriate to further the purposes of this chapter.
F.
Improvement of nonconforming uses. In order that nonconforming uses
may gradually be brought into greater conformity with this chapter
and the adverse external effects of such uses may be reduced, the
owner of the land, building or structure so used may be permitted
to make limited changes to such building, structure or use in conjunction
with a site plan whereby through landscaped screening and buffer areas,
control of noise, smoke, odors, lighting, architectural changes, location
and layout of parking lots and access drives, or by any other appropriate
means, these purposes may be achieved. Such plan shall be presented
to the Zoning Board of Appeals, which may then grant approval or approval
with modifications, provided that said agency finds that the purposes
of this section would be furthered by such action.
Any change of lot line, except where only the dimensions of
two existing lots are changed and additional building lots are not
created, shall be considered to be a subdivision and shall be subject
to Planning Board review and approval. A plat indicating such change
shall be filed with the office of the Westchester County Clerk prior
to such change taking effect. A copy of the filed plat shall also
be submitted to the City Assessor. No building permit shall be issued
for the use or development of any lot which has not been so created
subsequent to the effective date of this chapter.
A.
Lot for every building. Every building hereafter erected shall be
located on a lot and there shall be no more than one principal building
and its accessory buildings on one lot, except for multifamily and
nonresidential buildings in districts where such uses are permitted.
B.
Subdivision of a lot. Where a lot is formed hereafter from part of
a lot already occupied by a building, such separation shall be effected
in a manner which will not impair conformity with any of the requirements
of this chapter with respect to the existing building and all yards
and other required spaces in connection therewith. No permit shall
be issued for the erection of a building on the new lot thus created
unless it complies with all the provisions of this chapter.
C.
Irregularly shaped lots. Where a question exists as to the proper
application of any of the requirements of this chapter to a particular
lot because of its peculiar or irregular shape, the Zoning Board of
Appeals shall determine how the requirements of this chapter apply.
D.
New building on lots smaller than required. A permit may be issued
for the erection of a building for a permitted use on a lot for which
a valid conveyance has been recorded prior to July 1, 1963, notwithstanding
that the area or dimensions of such lot are less than that required
for the district in which such lot is located, provided that:
(1)
The lot met the zoning requirements at the time the deed to the lot
was created.
(2)
All yard setbacks and other building related requirements which are
in effect at the time of the obtaining of the building permit are
complied with; provided, however, that in a one- or two-family residence
district, the required side and rear yard setbacks may be reduced
in proportion to the dimensional nonconformity of the lot to allow
for the construction of a one- or two-family dwelling.
(3)
The ownership of such lot was not the same as any other lot or lots
contiguous thereto on July 1, 1963. If that is not the case, such
other lot or lots, or so much thereof as may be necessary, shall be
combined with the first-named lot to make one or more conforming lots,
whereupon a permit may be issued, but only for such combined lots.
Where the required area or dimensions of lots are changed by an amendment
to this chapter, any lot legally in existence on that date and made
nonconforming by such amendment may be built upon as provided in this
section.
E.
Minimum distance between buildings on the same lot.
(1)
Minimum distance between principal buildings in residence districts.
In all residence districts, the minimum distance between principal
buildings shall equal at least the average height of such buildings
at the points where such buildings are closest to one another.
A.
Use of yards.
(1)
Buildings and structures. No building shall be constructed on any
portion of a lot which is less in width than the minimum required
for the district in which it is located. No building or structure
shall be permitted within any minimum required yard except:
(a)
Decks or terraces not exceeding 18 inches above the level of
the ground beneath them and not extending into a side or rear yard
closer than three feet of any side or rear lot line.
(d)
Other minor accessory structures in a side or rear yard but
no closer than three feet from any property line.
(e)
Ground floor steps and entrance porches.
(2)
Parking.
(b)
No parking or storage of means of conveyance, other than passenger
motor vehicles, is permitted in residence district.
(c)
No parking or storage of commercial vehicles, trucks, and other
means of conveyance, other than passenger vehicles, is permitted in
nonresidence districts except as otherwise permitted in this chapter.
B.
Front on corner lots.
(1)
The owner of a corner lot in a residence district may elect either
yard fronting on a street as the required front yard, with the secondary
front yard being equal to at least the following:
C.
Obstruction to visibility at intersections. The following requirements with respect to obstruction to visibility at intersections shall apply to one- and two-family properties in residence districts only. Standards with regard to visibility affecting other properties shall be as determined adequate by the Planning Board as set forth in Article VII of this chapter.
(1)
Driveway intersections. Obstructions to visibility which exceed 2 1/2
feet in height shall be prohibited in the triangles formed by the
edge of the paved street, the edge of the driveway and a line joining
points located along the street pavement edge 30 feet therefrom and
the driveway edge 15 feet therefrom.
(2)
Street intersections. Obstructions to visibility which exceed 2 1/2
feet in height shall be prohibited in the triangle formed by intersecting
street pavement edges and a line joining points located along said
street pavement edges which are 40 feet from the theoretical point
of intersection of such lines, as extended.
A.
Height limitations. Spires, cupolas, belfries, flagpoles, radio towers,
masts, antennas and other similar structures covering a total of not
more than 10% of the horizontal area of the roof on which they are
located shall be permitted to exceed the otherwise maximum permitted
building height by not more than 10 feet unless a special permit therefor
is obtained from the Planning Board.
B.
Fences.
(1)
Residence districts:
(a)
Front yard. Wrought iron or aluminum fences and masonry walls
of at least 25% open construction, or any combination thereof, not
exceeding four feet in height, are permitted within required front
yards. Solid masonry walls, whether used on their own or in combination
with other types of fences, shall not exceed three feet in height.
(b)
Side and rear yards. Fences and masonry walls not exceeding
six feet in height are permitted in side and rear yards, except that
where the lot area exceeds 7,000 square feet and lot frontage exceeds
75 feet, a fence of at least 75% open construction, located in side
or rear yard, may have a maximum height of eight feet.
(2)
Nonresidence districts:
(a)
Business districts. Wrought iron or aluminum fences and masonry
walls of at least 25% open construction, or any combination thereof,
not exceeding six feet in height, are permitted within a street-facing
yard. Solid masonry walls, whether used on their own or in combination,
shall not exceed four feet in height when facing a street. Fences
and masonry walls not exceeding eight feet are permitted in other
yards.
(b)
Industrial districts. Fences and masonry walls of at least 25%
open construction not exceeding eight feet are permitted in any yard,
except that the front yard fence shall be as permitted in a business
districts when facing a residence district.
(3)
Additional regulations for all districts:
(a)
All fences and walls must be completely inside lot lines.
(b)
If any fence or wall has a finished or a more attractive side,
such side shall face the neighboring property or street.
(c)
Any fence or wall separating a lot for residence use from a
lot for nonresidence use may have a maximum height of eight feet.
(d)
Any fence or masonry wall surrounding a public utility use or
a use of a governmental agency in any district may have a maximum
height of eight feet, except that a fence within a yard facing a street
shall comply with the street- facing fence regulations for the business
and industrial districts.
(e)
A fence of at least 75% open construction and a maximum of 10
feet in height shall be permitted to enclose tennis courts.
(f)
Electrically charged fences, barbed-wire fences and other fences
constructed of sharp materials are not permitted. Barbed wire or razor
is permitted as part of a fence in an I-Industrial District, provided
such barbed wire is located at least eight feet above the ground and
is not visible from any residence district within 250 feet thereof
and approval has been granted by the City Council.
C.
Swimming pools. All permanent, portable or movable swimming pools
shall not be located, installed, constructed or maintained on any
lot except when in compliance with the following requirements:
(1)
Swimming pools installed above the ground shall have a height no
greater than 48 inches as measured from the mean ground level at the
base of the pool to the rim of the pool. The exposed sides of such
swimming pool shall be screened by evergreen landscaping whose height
at the time of installation shall be at least equal to the height
of the exposed portion of the swimming pool, exclusive of deck rails.
Such swimming pools shall be surrounded by a fence of at least six
feet in height which shall be in compliance with all other applicable
laws and regulations.
(2)
Swimming pools installed in the ground, where the rim of the pool
is flush with the ground or with an on-ground deck, shall be required
to be surrounded with six-foot-high fencing which shall be in compliance
with all other applicable laws and regulations. In addition, an evergreen
screen which shall have a minimum height of four feet shall be provided
around the swimming pool, outside of the fence, and shall be adequate
to screen the view of the pool area from adjacent properties and from
the street.
(3)
Any lights illuminating swimming pools shall be so directed as to
eliminate direct rays and minimize reflected rays of light on neighboring
streets and properties.
(4)
All swimming pools shall be located no less than five feet from all
lot lines and shall not be located within any front yard.
(5)
All swimming pools shall be limited to the exclusive use of the occupants
of the premises and their nonpaying guests.
(6)
The applicant shall demonstrate to the satisfaction of the Building
Commissioner that the proposed swimming pool will comply with all
other applicable codes and regulations.
(7)
The emptying of swimming pools shall comply with all other applicable
codes and regulations.
(8)
All swimming pool fences shall be located on a line not more than
20 feet parallel to the edge of the swimming pool.
(9)
The filter pump and electrical switch shall be secured and at a location
where noise will not emanate beyond the perimeter of the property
and shall not be located in any required yard.
(10)
Where the construction of a lake or pond, which otherwise meets
the definition of a swimming pool, is reviewed as part of a site plan
or special permit application, that review shall suffice and a separate
permit under this section need not be obtained.
D.
Basketball courts, tennis courts and paddle tennis courts. All such
courts shall not be located, installed, constructed or maintained
on any lot except when in compliance with the following requirements:
(1)
All such courts shall be located in the side or rear yard only.
(2)
All such courts shall be set back a minimum of three feet from any
side or rear lot line.
(3)
Any lights illuminating such a court shall be so directed as to eliminate
direct rays and minimize reflected rays of light on neighboring streets
and properties.
(4)
All such courts shall cease operation at 10:00 p.m.
(5)
No fence shall be constructed without prior approval of the Board
of Architectural Review.
E.
Land underwater. No land which is located below the high-water line
or beyond the bulkhead line or land elsewhere which is underwater
may be claimed as available for building development or for compliance
with any requirement contained in this chapter, other than yard setbacks,
unless plans for filling such land in a manner satisfactory to the
Planning Board and other responsible governmental agencies are made
a part of the application for which the permit is requested. Notwithstanding
the above, such underwater areas may be used to comply with yard setback
requirements, provided that the resultant building setback is equal
to the average setback of other existing principal buildings on properties
within 200 feet.
F.
Wetlands setbacks. No building or structure shall be erected within
25 feet of the boundary of any tidal or freshwater wetlands, other
than piers, docks, marinas or boat launching, storage, repair or service
facilities for which approval is granted by the appropriate approving
agency.
G.
Floodplains. No structure shall be erected in a designated floodplain
without compliance with flood hazard protection requirements.
H.
Security grilles.
(1)
Roll-up, folding or sliding grilles of noncombustible construction
may be installed in nonresidence districts only, provided that:
(a)
Security grilles and accompanying devices, motor and housing
shall be installed on the interior side of the building and shall
unfold or roll down on the interior side of the window or door.
(b)
Security grilles shall be open-mesh construction, with no openings
smaller than two inches in any direction and shall provide complete
transparency and visibility into the interior space.
(c)
Security grilles shall be completely in open position during
business hours. The enclosure which houses the grille during business
hours shall not be visible from either the inside or the outside of
the building.
(d)
Security grilles and accompanying devices, motor and housing
shall be installed so that they may be removed at any time without
endangering the structural and fire safety of the building.
(2)
Upon written notification by the Commissioner of Buildings, existing
security grilles which are rendered nonconforming by the adoption
of this amendment, shall be removed within six months of written notification.
The area where the security grille housing and tracks were attached
shall be restored to proper conditions and good maintenance.
(3)
Security grilles shall be installed or removed in accordance with
this chapter under a sign permit.
(4)
It shall be a violation of this chapter to maintain in place an existing
nonconforming security grille beyond six months of written notification
or to install a new security grille in nonconformity of this chapter.
I.
Landscaping, screening and buffer areas.
(1)
All portions of lots which are not used for locations for buildings,
structures, parking and loading facilities, sidewalks or similar purposes
shall be suitably landscaped and permanently maintained with planting
of groundcover, grass, trees and/or shrubbery. Such planting shall
be provided and permanently maintained in accordance with specifications
approved as part of the site plan for properties that are, or have
been, subject to site plan approval.
(2)
Any application to construct or alter any building or structure or to establish any use in any nonresidence district or any nonresidential use in any district shall include provisions for a buffer screening area at least 10 feet in width along any lot line abutting a privately owned lot in a residence district. Any application to construct a development of multifamily dwellings requiring more than 10 parking spaces shall include provisions for a buffer screening area at least 10 feet in width along any lot line abutting a privately owned lot in a one-family or two-family residence district. These requirements may be waived by the approving agency in situations where it determines that adjoining land uses, topographic features or existing vegetation satisfy the same purpose. The approving agency may allow the substitution of a wall or fence of location, height, design and materials approved by it, and meeting the requirements of Chapter 267, Article IV, for part or all of the required planting. Where such a buffer screening area is required, it shall be of evergreen planting of such type, height, spacing and arrangement as in the judgment of the approving agency will screen the activity involved from the neighboring residential area. Nonevergreen planting may seasonally supplement evergreen planting but not take its place. The plan and specifications for such planting shall be filed with the plans for the use of the lot.
(3)
All required landscaping shall be properly trimmed and maintained
in healthy growing condition at all times.
(4)
Fee in lieu of landscaping. Application for a permit for construction,
alteration, addition or change of use shall not be granted if the
maximum permitted impervious surface coverage for the district is
exceeded, or if the required landscaped buffer and screening area
are not provided, except as otherwise provided in this subsection.
The applicant shall pay a landscaping fee in lieu of providing the
minimum required landscaped pervious surfaces upon approval from the
Zoning Board of Appeals of an area variance for impervious surface
coverage in excess of the permitted coverage. The landscaping fee
shall be paid to the issuing agency prior to the issuance of the permit,
except that the fee may be paid at any time prior to the issuance
of a certificate of occupancy for project under construction at the
time this amendment takes effect.
J.
Exterior lighting. All exterior lighting accessories on private property,
including the lighting of signs, shall be of such type and location
and have such shading as will prevent the source of light from being
seen from any adjoining streets and residential properties and which
shall prevent objectionable glare observable from such streets or
properties.
K.
Solar energy collectors.
(1)
Installation of solar energy collectors, other than for one- and
two-family dwellings, shall be subject to approval by the Planning
Board, which shall take into account the needs of energy conservation.
(2)
Access to sunlight for present and potential solar energy systems,
both on- and off-site, as well as building siting, orientation and
landscaping, shall be considered by all approving agencies as part
of their review of any application.
(3)
New construction on any lot which would block access to sunlight
between the hours of 9:00 a.m. and 3:00 p.m., Eastern standard time,
for existing approved solar energy collectors or for solar energy
collectors for which a permit has been issued is prohibited except
by permission from the Board of Appeals on a showing that other arrangements
are infeasible or impractical or that the degree of blocking is negligible.
L.
Sale of adult entertainment merchandise in a non-adult entertainment store. The sale, rental or offer for any consideration of adult entertainment merchandise as defined by Chapter 267, Article VI may be permitted in any otherwise legally established store or shop subject to the following conditions:
(1)
The total floor space used for display of the adult entertainment
merchandise shall not exceed 20 square feet or 25% of the total stock
of merchandise offered for sale, rental or other consideration to
the public, whichever is less.
(2)
All adult entertainment merchandise shall be displayed out of view
from persons under the age of 18, and access by persons under the
age of 18 shall be prohibited at all times.
(3)
No displays of adult entertainment merchandise shall be permitted
to be visible from any public right-of-way.
(4)
All adult entertainment merchandise shall be sold, rented or otherwise offered for consideration for off-site use only. Any on-site viewing, reading or listening areas for adult entertainment merchandise or live performances shall classify the business as an adult entertainment business as defined by Chapter 267, Article II, which business shall then be regulated in accordance with all provisions in this chapter as an adult entertainment business, regardless of the amount of floor space used for the adult entertainment business.
M.
Accessory buildings and structures. The height of an accessory building
in any districts shall be limited to one story with a maximum building
height of 12 feet. Exception: The maximum height of an accessory structure
used solely as an accessory parking facility in a district other than
a one-, two- or three-family dwelling district, shall be permitted
to be the same as the permitted height for the district in which it
is located if the structure setbacks comply with the required setbacks
of a principal building in such district.
N.
Exterior walls located three feet or closer from property lines:
(1)
Exterior wall located three feet or closer from property lines shall
be finished on the exterior side with any type of masonry or concrete
materials that does not require periodical maintenance.
(2)
Exterior wall located at property line shall be constructed of masonry
or concrete that has at least one finished side on the exterior side
of the wall.
O.
Storefront obstructions.
(1)
Transparency. Storefront glass shall be transparent. No visual obstruction
of a temporary or permanent nature shall be placed behind a storefront
window or door to obstruct the view of the entire interior space from
the public street, or to obstruct egress. The following features shall
constitute a storefront obstruction:
(a)
Painting, decal, blinds, curtains, etc., placed onto or behind
the storefront glass to make it opaque, translucent or obscured, shall
be prohibited.
(b)
Storage of merchandise, shelves, counters, refrigerators, and
other features shall not be placed within three feet of the storefront.
The side of appliances or display furniture, if facing the storefront,
shall be attractively finished.
(c)
Exception. Window displays such as fashion or furniture displays
shall not be considered an obstruction when they are attractively
and professionally arranged and do not obstruct the view.
(2)
Removal of obstructions.
(a)
Obstructions in existence at the time of adoption of this amendment.
Storefront obstructions which are in existence at the time of adoption
of this subsection shall be removed upon written notification by the
Commissioner. The obstructions shall be removed within the time period
prescribed below:
[1]
Temporary obstructions, such as window signs, or movable obstructions,
such as shelved storage of merchandise, shall be removed immediately
upon receipt of written notification.
[2]
Fixed obstructions, such as appliances with water and waste
connection, or such as fixed counters, shall be removed within six
months of written notice. Fixed obstructions shall be removed under
the applicable permit(s).
(b)
Responsibility. It shall be the responsibility of the business
owner to maintain the storefront at his/her place of business free
of obstruction. A business owner who fails to maintain the storefront
free of obstruction or who fails to comply to the Commissioner's written
notification within the prescribed time shall be in violation of this
chapter.
P.
Encroachments.
(1)
No person shall erect, construct or place any building, appurtenance,
fixture or structure connected therewith, in whole or in part, underground,
overhead or upon any street, highway, public lane, alley, public street
or right-of-way. Exceptions:
(2)
Existing encroachments. Existing buildings or structures, or parts
thereof, encroaching into the City's right-of-way and constructed
under a valid permit allowing such encroachment, shall be permitted
to remain in place as long as they are in good maintenance and/or
structurally safe and provided that the owner execute an indemnification
agreement with the City. Failure to execute said indemnification agreement
shall be grounds for the removal of the structure(s).
(3)
Reconstruction and maintenance.
(a)
Reconstruction of a building or structure, or part thereof,
which encroaches into the City's right-of-way, shall be prohibited.
(b)
Minor repairs and maintenance of a building or structure, or
part thereof, which encroaches into the City's right-of-way shall
be permitted in accordance with applicable codes, laws and regulations.
Any person seeking such minor repairs and/or maintenance of an encroaching
building or structure, or part thereof, shall indemnify the City or
remove the building or structure or part thereof from within the City's
right-of-way.
(c)
Relief and interpretation. Any application to reconstruct any
portion of a building and/or structure which encroaches within the
City's right-of-way shall be denied in writing by the Department of
Buildings. Upon such denial, the applicant may seek relief of the
denial from the City Council.
