Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 27. CONSTRUCTION AND MAINTENANCE |
Chapter 1. BUILDING CODE |
Subchapter 4. BUILDING LIMITATIONS |
Article 9. PERMISSIBLE PROJECTIONS BEYOND STREET LINES |
Section 27-313. Projections above grade
Latest version.
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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.