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What is NYC ZR § 23-62?

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This section regulates the projection of balconies in specified residential districts, outlining restrictions on their size, height, and enclosure. Balconies must adhere to limits on projection depth and width, as well as height requirements for railings and safety guards. Applies to building owners in designated residential zones.

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

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§ 23-62 Balconies

ZR § 23-62

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In the districts indicated, balconies may project into or over any open areas not occupied by buildings at that particular level, provided that:

within any yards, courts, or other required open areas, such balcony shall: not project by more than one third of the depth of such areas specified above, or a distance greater than seven feet, whichever is less, as measured from the plane surface of the building wall from which it projects. However, where such balcony projects into any open area required pursuant to the application of height and setback regulations, the one third projection shall not apply; not cover more than 10 percent of any open area required pursuant to Section 23-30, inclusive, or any outdoor recreation space provided pursuant to Section 23-63; and have an aggregate width, at the level of any story, not exceeding 50 percent of the width at that level of the plane surface of the building wall from which it projects; and

not project by more than one third of the depth of such areas specified above, or a distance greater than seven feet, whichever is less, as measured from the plane surface of the building wall from which it projects. However, where such balcony projects into any open area required pursuant to the application of height and setback regulations, the one third projection shall not apply;

not cover more than 10 percent of any open area required pursuant to Section 23-30, inclusive, or any outdoor recreation space provided pursuant to Section 23-63; and

have an aggregate width, at the level of any story, not exceeding 50 percent of the width at that level of the plane surface of the building wall from which it projects; and

within any open areas, whether required or not, such balcony shall: be unenclosed except for building walls and parapets, railings, or safety guards, whether applied singly, or in combination, provided that: parapets shall not exceed four feet in height; railings shall not exceed 4 feet, 6 inches in height and shall be at least 50 percent open for the portion that exceeds four feet in height; and safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent materials for the portion that exceeds four feet in height. In addition, where such balcony has a roofed portion above it, there shall be an opening that is not less than 40 percent of the height between the bottom of the roof and the finished floor level of such balcony. However, such balconies may be recessed into a building wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet, railing, or safety guard; and be located at least 13 feet above curb level, except that for buildings containing residences not more than 35 feet in height, such balcony may be located at or higher than the floor level of the second story provided that such balcony is located not lower than seven feet above curb level or seven feet above natural grade, whichever is higher.

be unenclosed except for building walls and parapets, railings, or safety guards, whether applied singly, or in combination, provided that: parapets shall not exceed four feet in height; railings shall not exceed 4 feet, 6 inches in height and shall be at least 50 percent open for the portion that exceeds four feet in height; and safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent materials for the portion that exceeds four feet in height. In addition, where such balcony has a roofed portion above it, there shall be an opening that is not less than 40 percent of the height between the bottom of the roof and the finished floor level of such balcony. However, such balconies may be recessed into a building wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet, railing, or safety guard; and

parapets shall not exceed four feet in height;

railings shall not exceed 4 feet, 6 inches in height and shall be at least 50 percent open for the portion that exceeds four feet in height; and

safety guards shall not exceed 10 feet in height and shall be at least 90 percent transparent materials for the portion that exceeds four feet in height. In addition, where such balcony has a roofed portion above it, there shall be an opening that is not less than 40 percent of the height between the bottom of the roof and the finished floor level of such balcony. However, such balconies may be recessed into a building wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet, railing, or safety guard; and

However, such balconies may be recessed into a building wall up to a maximum depth of six feet provided that at least 33 percent of the perimeter of such balcony is unenclosed except for a parapet, railing, or safety guard; and

be located at least 13 feet above curb level, except that for buildings containing residences not more than 35 feet in height, such balcony may be located at or higher than the floor level of the second story provided that such balcony is located not lower than seven feet above curb level or seven feet above natural grade, whichever is higher.

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