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What is NYC ZR § 24-33?

Quick Answer

This section outlines the permitted obstructions in required yards or rear yard equivalents in all Residence Districts. It specifies various structures such as fences, parking spaces, and energy infrastructure that may be allowed, along with restrictions on certain buildings and community facility uses. Applies to building owners in residential districts managing yard spaces.

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

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§ 24-33 Permitted Obstructions in Required Yards or Rear Yard Equivalents

ZR § 24-33

In all Residence Districts, the obstructions set forth in Sections 23-311 (Permitted obstructions in all yards, courts and open areas) and 23-341 (Permitted obstructions in required rear yards or rear yard equivalents), as well as the following obstructions shall be permitted when located within a required yard or rear yard equivalent:

(a)In any yard or rear yard equivalent:

(1)Fences;

(2)Parking spaces for automobiles or bicycles, off-street, open, accessory;

(3)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);

(4)Steps;

(5)Walls, not exceeding eight feet in height and not roofed or part of a building.

(b)In any rear yard or rear yard equivalent:

(i)in all Residence Districts, any portion of a building containing rooms used for living or sleeping purposes, other than a room in a hospital used for the care or treatment of patients;

(ii)in R1, R2, R3-1, R3A, R3X, R4-1 R4A or R4B Districts, any portion of a building used for any community facility use;

(iii)in all Residence Districts not listed in paragraph (b)(2)(ii) of this Section, beyond 100 feet of a wide street, any portion of a building used for a community facility use other than a school, house of worship, college or university, or hospital and related facilities;

However, no portion of a rear yard equivalent which is also a required front yard or required side yard may contain any obstructions not permitted in such front yard or side yard.

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