Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC ZR § 33-23?

Quick Answer

This section outlines the permitted obstructions within required yards or rear yard equivalents in Commercial Districts. It specifies various structures such as fences, parking spaces, and energy infrastructure that may be allowed, subject to height restrictions and other provisions. Applies to property owners in Commercial Districts managing yard spaces.

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

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 33-23 Permitted Obstructions in Required Yards or Rear Yard Equivalents

ZR § 33-23

In all Commercial 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, provided that:

(i)all equipment shall be subject to the applicable provisions of Section 37-20 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS); and

(ii)the height of all equipment shall not exceed a height of 23 feet above curb level;

(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:

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

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 33-23?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters