§ 2-15 Additions: Rooftop and Rear Yard Additions or Enlargements.
RCNY § 2-15
(a)Applicability.
(1)This section addresses LPC Staff approvals for additions to existing buildings, including rooftop, rear and side yard additions. It does not apply to additions to buildings in scenic landmarks.
(2)This section does not apply to any building already subject to a District Master Plan that includes criteria for additions. (See 63 RCNY Chapters 4, 6 and 12, and the Sunnyside Gardens Historic District guidelines.) (3) The design and installation of additions consisting of heating, ventilation and air-conditioning equipment must meet the requirements set forth in 63 RCNY § 2-21. Flues and chimneys that are part of an addition or that must be raised as a result of an addition are included in this section.
(4)For purposes of this section, "minimally visible" means the visibility of a portion of an addition or enlargement which, from its maximum point of visibility, when viewed from any public thoroughfare: (i) Projects into the maximum line of sight from such public thoroughfare no more than twelve (12) inches in height if the addition or enlargement is less than sixty (60) feet above the ground, projects no more than 18 inches if the addition or enlargement is between sixty-one (61) and eighty (80) feet above the ground, and projects no more than 24 inches if the addition or enlargement is between eighty-one (81) and one hundred (100) feet above the ground, and projects no more than thirty-six (36) inches if the addition is more than one hundred (100) feet above the ground, and the visible portion of the addition does not span more than fifty (50) percent of the length of the facade it is seen above unless it is an open railing or other installation with a similar open quality; or (ii) Otherwise does not call attention to itself or detract from any significant architectural features of the building or other buildings if in a historic district. In determining whether an addition does not call attention to itself or detract, LPC Staff will consider the following factors: (A) The addition is visible at a significant distance; (B) The addition is visible from limited vantage points, including through alleyways, yards, or similar open portions of sites which are not building sites; (C) The addition is visible from an oblique angle; or (D) The addition is visible in combination with other existing additions or structures that share a similar level of visibility.
(5)For purposes of this section, the term "primary facade" means: (i) a facade fronting a street or public thoroughfare that is not a street, such as a mews or court; (ii) A visible facade that possesses a level of design or significant architectural features that are commensurate with the building's street-fronting facade(s), and where such facade (A) faces but does not front a street, such as a setback facade, or (B) is part of a dominant massing element where at least one facade is street-fronting or street-facing, such as a tower element; and (iii) A facade with a primary entrance to the building.
(b)Rooftop Additions of Occupiable Space; General Requirements. The following criteria apply to all additions of occupiable space approvable by LPC Staff, subject to specific exemptions described below. For purposes of this section, "occupiable space" means a room or enclosure and accessory installations that are intended for human occupancy or habitation.
(c)Rooftop Additions of Occupiable Space; Specific Requirements. In addition to the criteria set forth in subdivisions (b) and (g) of this section, the following criteria apply: (1) Individual landmark. LPC Staff may approve an addition of occupiable space if the addition and any chimney or flue that needs to be raised because of the addition, or any railing associated with such addition, is not visible from a public thoroughfare.
(d)Rooftop Additions of Non-occupiable Space; Specific Requirements. In addition to the criteria set forth in subdivision (b), the following criteria apply to additions of non-occupiable space. For purposes of this subdivision, "non-occupiable space" means structures; stair and elevator bulkheads, skylights, satellite dishes, unenclosed decks, pergolas, trellises, and privacy screens, fences and railings. Criteria for the installation of heating, ventilation and air-conditioning equipment ("HVAC") and other equipment such as alternative or distributive energy equipment (including solar panels and wind turbines), batteries, water tanks and emergency generators and their dunnage, are codified in 63 RCNY § 2-21 ("Installation of Heating, Ventilation, Air Conditioning and Other Mechanical Equipment) of these rules.
(i)The addition or structure will not be visible in connection with the primary facade, except such addition may be minimally visible if installed more than sixty (60) feet above the ground; and (ii) The addition or structure may be minimally visible in connection with a secondary facade if the addition: (A) Will not be seen in connection with a distinguishing architectural feature; and (B) Will be finished to blend with the predominant finish of the predominant material and/or finish of the secondary facade, or adjacent structures or comparable adjacent features so as not to call attention to itself.
(e)New and Enlarged Dormers on the Rear Facade of a Building within a Historic District. LPC Staff may approve the installation of one or more non-visible dormers on a peaked or pitched roof, where such roof is considered a significant feature, where: (1) The design and materials of the new dormer(s) will be in keeping with the style and type of dormers on buildings of a similar age and style, and will harmonize with the building's fenestration pattern; and (2) The dormer(s) is to be constructed on a peaked or pitched roof facing the rear yard and: (i) A new dormer or an enlarged dormer does not encompass the entire width of the roof, and the historic roof pitch is maintained for at least twenty-four (24) inches at both sides of the dormer; and (ii) The highest point of the dormer is at least eighteen (18) inches below the existing ridgeline of the roof and set back at least eighteen (18) inches from the plane of the rear facade, unless the building is of a type or style that historically had a higher or lower dormer, and retains a portion of the roof below the dormer.
(f)Rear Yard Additions on Buildings in Historic Districts but not including Individual Landmarks. LPC Staff may approve a rear yard addition if the addition meets the following relevant criteria: (1) The addition is not visible from a public thoroughfare; (2) The addition is as-of-right for bulk, massing and height under the Building Code and Zoning Resolution; (3) The proposed work satisfies the criteria for excavations (see 63 RCNY § 2-16, "Excavation"); (4) No significant architectural features, including but not limited to decorative lintels and/or sills, and projecting bays, but not including simple corbeled brickwork at the top of a facade or parapet, will be lost or damaged as a result of the construction of the addition; (5) A majority of the buildings of a similar type that share the open space within the interior of the block, within the historic district, feature rear yard additions or els; (6) The depth and height of the proposed addition is not deeper than the predominant depth or taller than the predominant height of additions or els on buildings of a similar type, and in no event shall the proposed addition rise to the full height of the rear facade, except that parapets and railings may extend above the predominant height of additions, up to forty-two (42) inches above the roof or deck surface of the addition required by the Building or Fire Codes, but must be at least fifty (50) percent open using railings at the facade of the addition facing the central open space of the block; (7) The facade(s) of the addition recall(s) the character of rear facades and additions of buildings of its type within the historic district in terms of materials and fenestration, including: (i) Traditional and modern materials and finishes at the facade facing the central open space, such as brick, stucco or fiber cement siding, but excluding exposed or painted concrete or concrete masonry units, vinyl siding, and exterior insulated finish systems ("EIFS"). The lot-line walls must have a neutral finished surface, but cannot be exposed or painted concrete or concrete masonry units or vinyl siding; (ii) Window and door openings and configurations that will be consistent with the criteria established in 63 RCNY § 2-14 for new and modified windows and doors at minimally or non-visible secondary facades; and (iii) If the work involves combining adjacent buildings the addition expresses the original width of each of the historic buildings.
(8)The proposed addition or enlargement will not extend to the rear lot line or substantially eliminate the presence of a rear yard; except an addition may be approved which fills in an enclosed central or side court that is not open to the rear yard, and the addition is no more than one story above the existing grade.
(9)Decks. A rear facade of a building, or an existing addition or proposed addition may include a projecting wood or metal deck that is minimally visible, provided the deck projects from the ground or parlor floor and extends no more than eight (8) feet from the facade it projects from, excluding steps from the deck down to the rear yard, but in no instance shall the deck intrude into a required rear yard. If the deck is proposed to be projecting from a proposed addition, the existence of the deck shall not be a factor in determining the depth of the proposed addition, as determined by paragraph (6) above.
(g)Rooftop and Rear Yard Additions; Cumulative Impact of Additions. LPC Staff will consider the cumulative impact of occupiable rooftop and rear yard additions when considering an application for an addition. LPC Staff will not approve a new occupiable rooftop addition if there is an existing or approved rear yard addition, but not including an original partial width "el", or a new rear yard addition if there is an existing or approved occupiable rooftop addition. For purposes of his subdivision, a deck above the rear yard off the historic rear facade shall not count as a rear addition. Nothing in this subdivision shall prevent LPC Staff from approving the rebuilding of an existing rear yard or rooftop addition. (Amended City Record 12/20/2018, eff. 1/19/2019)
