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What is NYC ZR § 139-232?

Quick Answer

This section modifies the permitted obstruction regulations across all districts, allowing balconies and dormers under specific conditions. Balconies may encroach into required open areas, while dormers are permitted with restrictions in certain areas. Applies to building owners managing zoning lot obstructions.

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

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§ 139-232 Permitted obstructions

ZR § 139-232

In all districts, the underlying permitted obstruction regulations shall be modified by this Section.

Balconies Balconies provided in accordance with the provisions of Section 23-62 may encroach into any required open area on the zoning lot. However, balconies that encroach into waterfront public access areas shall be regulated by the provisions of paragraph (a)(1) Section 139-51 (Area-wide Modifications).

Dormers For any building or structure, a dormer shall be allowed as a permitted obstruction pursuant to paragraph (b)(1) of Section 23-413 (Permitted obstruction in certain districts), except that dormers shall not be permitted in setback areas adjoining tower portions of buildings or setback areas facing shore public walkways.

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