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What is NYC ZR § 23-734?

Quick Answer

This section outlines the permitted obstructions in open spaces within R6 through R10 Districts without a letter suffix. It specifies various structures and equipment allowed, such as balconies, driveways, and swimming pools, while detailing restrictions on their size and placement. Applies to property owners in specified zoning districts.

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

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§ 23-734 Permitted obstructions in open space

ZR § 23-734

In R6 through R10 Districts without a letter suffix, the obstructions permitted for any yard set forth in Section 23-311 (Permitted obstructions in all yards, courts and open areas), as well as the following obstructions, shall be permitted in any open space required on a zoning lot. For the purposes of applying such allowances to open space, all percentage calculations shall be applied to the area of the open space instead of the yard:

balconies, unenclosed, subject to the provisions of Section 23-62;

breezeways;

driveways, private streets, open accessory off-street parking spaces, unenclosed accessory bicycle parking spaces or open accessory off-street loading berths, provided that the total area occupied by all these items does not exceed 50 percent of the required open space on any zoning lot;

energy infrastructure equipment and accessory mechanical equipment, subject to the requirements set forth in Section 23-312 (Additional permitted obstructions generally permitted in all yards);

greenhouses, non-commercial, accessory, limited to one story or 15 feet in height above adjoining grade, whichever is less, and limited to an area not exceeding 25 percent of the open space#;

parking spaces, off-street, enclosed, accessory, provided that the total area occupied by a building used for such purposes does not exceed 20 percent of the total required open space on the zoning lot;

solar energy systems: on the roof of an accessory building, limited to 18 inches in height as measured perpendicular to the roof surface; or affixed to solar canopies and located over any accessory off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;

on the roof of an accessory building, limited to 18 inches in height as measured perpendicular to the roof surface; or

affixed to solar canopies and located over any accessory off-street parking space, provided that the height shall not exceed 15 feet above the level of the adjoining grade;

steps;

swimming pools, accessory, above-grade structures limited to a height not exceeding eight feet above the level of the rear yard or rear yard equivalent; or

fire escapes or planting boxes, provided that no such items project more than six feet into or over such open space.

However, any such open space that is part of a required yard, rear yard equivalent or court may contain an obstruction listed in this Section only where such obstruction is permitted, pursuant to Sections 23-311, 23-312, 23-341 (Permitted obstructions in required rear yards or rear yard equivalents) or 23-351 (Permitted obstructions in courts), as applicable.

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