§ 2-17 Front, Side and Rear Yards.
RCNY § 2-17
(a)Alterations to Front Areaways of Rowhouses, Townhouses, Flats, Tenements and Other Attached Buildings.
(1)General. Areaways historically have been modified to address access and safety concerns, and to add greenery. This includes the addition of, and modification to, walls and fences around areaways, modification of the areaway itself, modifications to main entrances and entrances underneath stoops, and the addition of planting areas and planters.
(2)Alterations to areaway paving, steps, or planted areas. LPC Staff will issue an approval for alterations to or involving paving, steps or planted areas if the work meets all of the following relevant criteria: (i) The work will be contained within the areaway, which is defined as the area in front of a rowhouse, townhouse, flat, tenement or other attached building typically constructed without a side yard, which often is enclosed by a fence, balustrade or wall; (ii) The work will not result in the removal or destruction of significant architectural features; (iii) The proposed paving materials are consistent with the paving materials historically found in areaways and yards of buildings of a similar age and type, or will match the adjacent sidewalk in terms of material and color; (iv) The size and placement of the planted area, including at-grade planting beds and built-in or attached planters, will not call undue attention to itself or detract from significant architectural features of the building or adjacent buildings if in a historic district; (v) Adjustments to steps or planted areas will not substantially alter the apparent grade of the areaway or yard. For purposes of this subparagraph: (A) Lowering the entire areaway, including the removal of one step, to allow at-grade access from the sidewalk to the areaway; (B) Excavation to accommodate new steps or reconfiguration of existing steps to improve access to a basement level entrance, including enlarging or widening steps, will be approved, provided: (a) The excavation and steps will occupy fifty (50) percent or less of the square footage of the areaway; (b) The excavation, steps and landing are in keeping with expanded basement entrances found on buildings of similar age and style within the historic district; and (c) The excavation, steps and landing do not detract from significant architectural features of the building or, if the building is part of a row, do not detract from adjacent buildings or the streetscape; (C) Excavation to construct a small ramp with no switchbacks to provide access to a basement entrance, which does not require railings or only minimal railings (such as well-mounted handrails or simple posts with top rails), provided the work does not affect more than fifty (50) percent of the areaway; and (vi) The proposed areaway changes will be compatible with the special architectural and historic character of the building and the historic district.
(3)Garbage enclosures. LPC Staff will issue an approval for new or replacement garbage enclosures that are not easily moveable if the work satisfies all of the following relevant criteria: (i) The work will be contained within the areaway defined by an existing fence, balustrade or wall, and will not result in damage to or the removal of architectural fabric from the building's facade, or areaway enclosure; (ii) The garbage enclosure will not be physically attached to the building, areaway fence or wall, but instead will be attached to the areaway paving, but not through historic paving material; (iii) The garbage enclosure will be of a simple design and painted to match the immediately adjacent facade or areaway enclosure material, or otherwise will have a neutral or dark finish that does not call undue attention to itself; (iv) The enclosure will be limited in footprint and height to the general dimensions of the garbage receptacles it contains, and its size does not detract from the overall areaway proportions and configuration, or the building.
(4)Lampposts. LPC Staff will issue an approval for the installation of lampposts in the areaway, defined by an existing fence, balustrade or wall, if the work meets all of the following relevant criteria: (i) The lamppost will not be installed through historic paving material; (ii) The proposed lamppost will be situated at least several feet from the primary facade so as not to directly obscure significant architectural features; (iii) The proposed placement of the lamppost relates to the spacing of elements within the areaway, such as the steps, planted areas and under-stoop entrance, and does not conflict with the facade's composition; (iv) The proposed installation will not result in exposed conduit; (v) The lamppost and lantern will be of a simple and proportional design, and will not exceed the sills of the parlor (or second) floor windows in height; (vi) The lamppost and lantern will be metal and have a black painted finish; and (vii) The proposed lamppost is in keeping with similar lamppost and areaway configurations within the streetscape and historic district.
(5)Basement/cellar level access hatches. LPC Staff will issue an approval for basement/cellar access hatches if the work satisfies all of the following relevant criteria: (i) The proposed hatch will not be installed through historic paving material where feasible; (ii) The placement of the hatch will not damage or directly obscure any significant architectural features of the building; and (iii) The hatch will be constructed in wood or metal with a dark or neutral finish, in keeping with similar utilitarian installations.
(b)Installation of New Ironwork.
(c)Walls and Fences.
(ii)New fences at small residential buildings, including rowhouses, townhouses, flats and tenement buildings. (A) LPC Staff will issue an approval for a rear yard fence if the work meets all of the following relevant criteria: (a) The fence will not exceed six (6) feet in height; (b) The fence will have a perforated or open design, which can include a portion of the fence being solid, if installed along the sidewalk at a corner building; and (c) The fence will be constructed in wood or iron, whichever is most compatible with the building's age and style, and finished in a dark or neutral color, or clear finish. If visible, the design and finish of a metal fence should be simple and based on ironwork found in the district on buildings of similar type. If the fence is made of wood, the finished side must face away from the property if installed at the sidewalk of a corner rowhouse.
(d)Variations in material will be considered if the fence is not visible from a public thoroughfare and otherwise complies with applicable codes.
(e)A masonry wall, but not including cement masonry units enclosing a rear yard shall be approved if not visible and is no more than six (6) feet in height. (B) LPC Staff will issue an approval for a metal picket fence at the side yard of a corner rowhouse if the work meets the following relevant criteria: (a) The fence will match the height of an areaway fence but shall not exceed 36 inches in height; (b) The fence will be simply designed and have a black or dark finish.
(iii)Jackson Heights Historic District. In the case of an original single- or two-family house in the Jackson Heights Historic District, LPC Staff will approve a low brick retaining wall at the border of the sidewalk and front yard if: (A) The retaining wall will be as short as possible to contain erosion and in no event is higher than five brick courses, inclusive of a coping of brick or cast stone; (B) The brick will closely match the brick facade of the building; (C) The retaining wall will not feature decorative brickwork or ironwork; (D) The retaining wall will not incorporate a perpendicular run from the sidewalk to the house, except a return to meet the lower stairs, which would divide the continuous front lawns of the row; and (E) The retaining wall will match the height and design of an adjacent low garden wall that meets the requirements of this section or, if there is no adjacent retaining wall, is compatible with other low retaining walls on the block that meet the requirements of this section in terms of height and design.
(i)New driveway. LPC Staff will approve a new driveway only in districts where driveways are a common feature. As a general matter, these districts are comprised of what were historically detached single-family dwellings. If there is currently no existing curb cut, the applicant must provide documentation that the new curb cut will comply with the Zoning Resolution and the City Administrative Code, and that the applicant has filed for the curb cut with the Department of Buildings and the Department of Transportation.
