Section 27-313. Projections above grade  


Latest version.
  • Subject to the provisions of article
      eight  of  this subchapter the following projections may be constructed,
      above grade, to project beyond the street line:
        (a) Fixed Projections. Fixed projections  are  those  elements  listed
      below,  generally  of  an architectural character, that form an integral
      part of the building facade. The aggregate area of all fixed projections
      constructed to extend beyond the street line shall not exceed ten square
      feet within any one hundred square feet of  wall  area,  except  that  a
      veneer  may be applied to the entire facade of a building erected before
      December sixth, nineteen hundred sixty-eight, if such  veneer  does  not
      project  more  than  four inches beyond the street line. The area of any
      fixed projection shall be measured at that vertical plane,  parallel  to
      the wall, in which the area of the projection is greatest. This plane of
      measurement  may  be at the street line, the line of maximum projection,
      or any point in between.
        (1) ENTRANCE DETAILS. Entrance details,  including  steps,  and  doors
      when  fully  open,  may be constructed to project beyond the street line
      not more than eighteen inches Entrance steps  that  project  beyond  the
      street  line shall be guarded at each end by railings or check pieces at
      least three feet high  or  by  other  members  of  the  entrance  detail
      providing equivalent protection.
        (2)  ARCHITECTURAL  DETAILS.  Details  such as cornices, eaves, bases,
      sills, headers,  band  course,  opening  frames,  sun  control  devices,
      rustications, applied ornament or sculpture, grilles, windows when fully
      open,  air  conditioning  units,  and  other  similar  elements  may  be
      constructed to project not more than four inches beyond the street  line
      when less than ten feet above the ground or sidewalk level, and not more
      than ten inches beyond the street line when more than ten feet above the
      ground or sidewalk level.
        (3)  BALCONIES. Balconies, including railings and supporting brackets,
      no parts of which are less than ten feet above the  ground  or  sidewalk
      level,  may  be  constructed  to project not more than twenty-two inches
      beyond the street line. When permitted by the provisions  of  subchapter
      six  of  this chapter, fire escapes that are part of a required exit may
      be constructed to project not more than four feet six inches beyond  the
      street  line provided no part, including any movable ladder or stair, is
      lower than ten feet above the ground or sidewalk level when not in use.
        (4) MARQUEES. Marquees may be erected on public  buildings,  theaters,
      hotels,  terminals,  large department stores, supermarkets, multi-family
      dwellings, and similar buildings of an  essentially  public  nature,  or
      upon  a  warehouse or market in an established market area as designated
      by reference standard RS 4-3, so as to project beyond the  street  line,
      but not nearer than two feet to the curb line, provided that no parts of
      such marquees are less than ten feet above the ground or sidewalk level.
      Marquees  must  not  be  more  than  two  feet  to  curb lines hereafter
      established or changed. When measured from top to bottom, marquees shall
      not be thicker nor shall the fascia be  higher  than  three  feet.  This
      dimension  shall  include all decorations, but shall exclude any tension
      supports suspending  the  marquee  from  the  wall.  Marquees  shall  be
      supported   entirely   from   the   building   and   be  constructed  of
      noncombustible materials, except that the roof or any part of  the  roof
      may contain skylights complying with the requirements of subdivision (d)
      of  section  27-338  of article four of subchapter five of this chapter.
      Marquee roofs shall be drained in  accordance  with  the  provisions  of
      subchapter  sixteen  of  this  chapter.  When  the occupancy or use of a
      building with a marquee projecting beyond the street line is changed  to
      an occupancy or use for which a marquee is not permitted by this section
      the marquee shall be removed.
    
        (5)  LIGHT  FIXTURES.  Light fixtures that are supported entirely from
      the building may be constructed to project not more than two feet beyond
      the street line, provided no part of the fixture is less than eight feet
      above the ground or sidewalk level.
        (6) FLAGPOLES. Flagpoles that are supported entirely from the building
      may  be  constructed  to  project not more than eighteen feet beyond the
      street line, but not closer than two feet to  the  curb  line,  provided
      that  no part of the flagpole is less than fifteen feet above the ground
      or sidewalk level.
        (7) WALL SIGNS. Wall signs may be constructed to project not more than
      twelve inches beyond the street line when conforming to the requirements
      of subchapter seven of this chapter.
        (8) PROJECTING SIGNS. Projecting signs may be constructed  to  project
      not  more  than ten feet beyond the street line, but not closer than two
      feet to the curb line, when conforming to the requirements of subchapter
      seven of this chapter, and provided that no part of  the  sign  is  less
      than ten feet above the ground or sidewalk level.
        (b)  Awnings.  Awnings  supported  entirely  from  the building may be
      constructed to project beyond the street line as follows:
        (1) STORE FRONT AWNINGS. Store front awnings  may  be  constructed  to
      project  beyond  the  street  line not more than eight feet, provided no
      part of the awning is less than eight feet above the ground or  sidewalk
      level,  except  for a flexible valance, which may be not less than seven
      feet above the ground or sidewalk level, and provided  that  the  awning
      box or cover does not project more than twelve inches.
        (2)  AWNINGS.  Awnings  over  windows  or  doors may be constructed to
      project beyond the street line not more than five feet, provided that no
      part of the awning is less than eight feet above the ground or  sidewalk
      level.
        (3)  CONSTRUCTION.  Awnings  shall  be constructed of a noncombustible
      frame covered with flameproofed canvas or cloth,  slow-burning  plastic,
      sheet metal, or other equivalent material.
        (c)  Storm  Enclosures.  Storm  enclosures  projecting  not  more than
      eighteen inches beyond the street  line  may  be  permitted  during  the
      period  between  November  fifteenth  and the following April fifteenth.
      Such enclosures shall be removed at the end of this period. Construction
      shall follow the requirements of section 27-336 of  subchapter  five  of
      this chapter.
        (d)  Bridges  Between  Buildings.  Bridges  connecting  buildings, and
      projecting beyond street  lines,  may  be  constructed  subject  to  the
      approval  of  the board of estimate and the department of highways. Such
      bridges shall be of a construction class that is at least equal  to  the
      higher  class of the two buildings connected, and shall otherwise comply
      with  the  provisions  of  this  code  and  other  applicable  laws  and
      regulations.
        (e) Sidewalk cafes. (1) Enclosures for sidewalk cafes, where permitted
      by  the  commissioner  of  consumer  affairs, may be provided beyond the
      building line, within a street, provided such enclosures are constructed
      of incombustible material or  slow-burning  plastic  or  other  material
      which  will  not  support  combustion,  and  provided  the sides of such
      enclosures do not extend more than eight feet above the sidewalk.
        (2) Awnings supported entirely from the building may  be  placed  over
      sidewalk  cafes  provided  they  are at least eight feet clear above the
      sidewalk and provided they  are  within  the  limits  specified  by  the
      commissioner  of  consumer  affairs.  Such awnings shall be supported on
      metal  frames  and  constructed  of  canvas   treated   to   render   it
      fire-resistive or other material which will not support combustion.
    
        (3)  No  part  of  any  awning,  enclosure,  fixture or equipment of a
      sidewalk cafe shall be located beneath a fire-escape so as  to  obstruct
      operation  of  fire-escape drop ladders or counter-balanced stairs or to
      obstruct any exit from a building.
        (4)  a.  Removable  platforms  shall  be  constructed to provide for a
      continuous unbroken and level floor without openings or cracks so as  to
      prevent any material or liquid from falling through to the area beneath;
      no  papers,  trash  or other materials may be permitted to accumulate in
      the area beneath the floor of the platform.
        b. No part of the platform shall obstruct an exit from any building.
        c. No part of the platform shall cover a cellar entrance,  areaway  or
      other  vent,  except  that  an  easily  removable  section,  prominently
      designated, will be permitted if acceptable to the commissioner.
        d. No siamese connection or hydrant may be obstructed in any way  that
      would hinder its use by the fire department.
        (5) In addition to the requirements specified herein, the commissioner
      may promulgate such additional regulations necessary to secure safety.
        (f)  Curb cuts. The lowering of any curb or the change of grade of any
      sidewalk for the purpose of providing a driveway  across  such  curb  or
      sidewalk  shall  be  constructed  in  accordance with the specifications
      prescribed in section 27-558 of article three of subchapter nine of this
      chapter or as required by the commissioner. The commissioner shall limit
      the length of any curb cut for  the  purpose  of  providing  a  driveway
      across  such  curb  or sidewalk, when in the opinion of the commissioner
      the actual use or intended use  of  such  driveway  would  endanger  the
      public.  The  owner  shall  maintain  every  part  of  such  driveway in
      accordance with the  specifications  prescribed  in  section  27-558  of
      article  three  of  subchapter nine of this chapter. Where the vehicular
      use of such driveway, in the opinion of the commissioner is dangerous to
      the public, the commissioner shall order the owner to discontinue use of
      such driveway and restore the curb  and  sidewalk  as  required  by  the
      department  of  transportation.  Upon the failure of the owner to comply
      with such  order,  the  commissioner  may  inform  the  commissioner  of
      transportation  of such failure to comply and request the cooperation of
      the commissioner of transportation acting under  his  or  her  authority
      pursuant  to  section  twenty-nine  hundred  four  of  the New York city
      charter in the enforcement of this section.