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What is NYC ZR § 23-412?

Quick Answer

This section outlines additional permitted obstructions in Residence Districts, including balconies, dormers, and various mechanical equipment, subject to specific height and location restrictions. The statute is enforced by the Department of Buildings (DOB). Applies to building owners in residential districts planning to install such obstructions.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 23-412 Additional permitted obstructions

ZR § 23-412

In all Residence Districts, the obstructions set forth in Section 23-411 (General permitted obstructions), as well as the following obstructions, shall be permitted to penetrate a maximum height limit or sky exposure plane:

Balconies, unenclosed, subject to the provisions of Section 23-62 (Balconies);

Dormers having an aggregate width of street walls equal to not more than 50 percent of the width of the street wall of a detached or semi-detached single- or two-family residence;

Elevator or stair bulkheads (including shafts and vestibules), roof water tanks, energy infrastructure equipment, and accessory mechanical equipment (including enclosures or other screening), other than solar or wind energy systems (whether accessory or as part of energy infrastructure equipment), provided that: such obstructions shall be located not less than 10 feet from the street wall of a building, except that such obstructions need not be set back more than 25 feet from a narrow street line or more than 20 feet from a wide street line. However, such restrictions on location shall not apply to elevator or stair bulkheads (including shafts or vestibules), provided the aggregate width of street walls of such bulkheads within 10 feet of a street wall, facing each street frontage, does not exceed 30 percent of the street wall width of the building facing such frontage; the aggregate area of such obstructions, including any screening, does not exceed 50 percent of the lot coverage of the building and the height of such obstructions shall not exceed 15 feet above the maximum permitted height, except where otherwise permitted by paragraph (c)(3) of this Section; the aggregate area of such obstructions, including any screening, does not exceed 30 percent of the lot coverage of the building, and the height of such obstructions shall not exceed: R1 through R5 Districts, for buildings on qualifying residential sites, or in R3-2, R4, and R5 Districts, except R4-1, R4A, R4B and R5A Districts, for any building, a height of 25 feet above the maximum permitted height; in R6 through R12 Districts: where the maximum permitted height of a building is 120 feet or lower, a height of 35 feet above the maximum permitted height; and where the maximum permitted height of a building is greater than 120 feet, a height of 55 feet above the maximum permitted height; and all equipment shall be subject to the applicable provisions of Section 26-50 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);

such obstructions shall be located not less than 10 feet from the street wall of a building, except that such obstructions need not be set back more than 25 feet from a narrow street line or more than 20 feet from a wide street line. However, such restrictions on location shall not apply to elevator or stair bulkheads (including shafts or vestibules), provided the aggregate width of street walls of such bulkheads within 10 feet of a street wall, facing each street frontage, does not exceed 30 percent of the street wall width of the building facing such frontage;

the aggregate area of such obstructions, including any screening, does not exceed 50 percent of the lot coverage of the building and the height of such obstructions shall not exceed 15 feet above the maximum permitted height, except where otherwise permitted by paragraph (c)(3) of this Section;

the aggregate area of such obstructions, including any screening, does not exceed 30 percent of the lot coverage of the building, and the height of such obstructions shall not exceed: R1 through R5 Districts, for buildings on qualifying residential sites, or in R3-2, R4, and R5 Districts, except R4-1, R4A, R4B and R5A Districts, for any building, a height of 25 feet above the maximum permitted height; in R6 through R12 Districts: where the maximum permitted height of a building is 120 feet or lower, a height of 35 feet above the maximum permitted height; and where the maximum permitted height of a building is greater than 120 feet, a height of 55 feet above the maximum permitted height; and

R1 through R5 Districts, for buildings on qualifying residential sites, or in R3-2, R4, and R5 Districts, except R4-1, R4A, R4B and R5A Districts, for any building, a height of 25 feet above the maximum permitted height;

in R6 through R12 Districts: where the maximum permitted height of a building is 120 feet or lower, a height of 35 feet above the maximum permitted height; and where the maximum permitted height of a building is greater than 120 feet, a height of 55 feet above the maximum permitted height; and

where the maximum permitted height of a building is 120 feet or lower, a height of 35 feet above the maximum permitted height; and

where the maximum permitted height of a building is greater than 120 feet, a height of 55 feet above the maximum permitted height; and

all equipment shall be subject to the applicable provisions of Section 26-50 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);

Wind energy systems, accessory or as part of an energy infrastructure equipment, on portions of buildings with a height of 100 feet or greater, provided: the highest point of the wind turbine assembly does not exceed 55 feet; no portion of the wind turbine assembly is closer than 10 feet to any lot line; and the diameter of the swept area of the rotor does not exceed 15 feet.

the highest point of the wind turbine assembly does not exceed 55 feet;

no portion of the wind turbine assembly is closer than 10 feet to any lot line; and

the diameter of the swept area of the rotor does not exceed 15 feet.

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