// CODE SNIPPET
3202.2 Encroachments Above Grade
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Encroachments that are subject to area limitations are those elements listed in Sections 3202.2.1.1 through 3202.2.1.9, generally of an architectural character, that form an integral part of the building facade. The aggregate area of all such elements constructed to extend beyond the street line shall not exceed 10 square feet (0.93 m2) within any 10 feet (3048 mm) by 10 feet (3048 mm) square area of wall, except that a veneer may be applied to the entire facade of a building erected before December 6, 1968, if such veneer does not project more than 4 inches (102 mm) beyond the street line. The area of any such 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. For the purpose of measuring the projected area of a balcony, air spaces of less than 6 inches (152 mm) between closely spaced railing or guards elements shall contribute to the area of the projection.
Exception: The aggregate area of all elements subject to area limitations that includes a balcony or associated railings and brackets shall not exceed 24 square feet (2.2 m2) in any 240 square foot (22.3 m2) area on a given story.
Exception: The aggregate area of all elements subject to area limitations that includes a balcony or associated railings and brackets shall not exceed 24 square feet (2.2 m2) in any 240 square foot (22.3 m2) area on a given story.
Entrance details, including steps and doors when fully open, may be constructed to project beyond the street line not more than 18 inches (457 mm). Entrance steps that project beyond the street line shall be guarded at each end by railings at least 3 feet (914 mm) high or by other members of the entrance detail providing equivalent protection.
Details such as cornices, eaves, bases, sills, headers, band course, opening frames, 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 4 inches (102 mm) beyond the street line when less than 10 feet (3048 mm) above the ground or sidewalk level.
- To project not more than 10 inches (254 mm) beyond the street line when more than 10 feet (3048 mm) above the ground or sidewalk level.
- Replacement or restoration of historical architectural details that are, or were, located more than 10 feet (3048 mm) above the sidewalk and that project more than 10 inches (254 mm), on existing buildings or structures designated by the Landmarks Preservation Commission, may be permitted provided they do not exceed the historic projections and provided that they are approved by the Landmarks Preservation Commission.
- New architectural details on new or existing buildings, additions or structures subject to the jurisdiction of the Landmarks Preservation Commission, that are more than 10 feet (3048 mm) above the sidewalk and that project more than 10 inches (254 mm) and no more than 3 feet (914 mm), may be permitted provided that the Landmarks Preservation Commission finds that the proposed detail is appropriate to the historic character of the historic district or landmarked building, structure or site.
Balconies, including railings and supporting brackets, no parts of which are less than 10 feet (3048 mm) above the ground or sidewalk level, may be constructed to project not more than 2 feet 6 inches (762 mm) beyond the street line. When permitted by the provisions of this code, fire escapes that are part of a required exit may be constructed to project not more than 4 feet 6 inches (1372 mm) beyond the street line provided no part, including any movable ladder or stair, is lower than 10 feet (3048 mm) above the ground or sidewalk level when not in use.
Marquees may be constructed to project beyond the street line provided that they comply with Section 3106 and Sections 3202.2.1.4.1 through 3202.2.1.4.5.
Marquees shall receive structural support only from the building and shall be at least 10 feet (3048 mm) above the ground level or sidewalk.
Marquees shall be no thicker nor shall the fascia be higher than 3 feet (914 mm) when measured vertically from its lowest to its highest point.
Dimensions shall include all decoration but shall exclude any tension supports suspending the marquee from the wall.
Marquees may be erected on:
- Buildings of an essentially public nature, including but not limited to the following:
- Public buildings, including schools.
- Theatres.
- Hotels.
- Terminals.
- Large department stores.
- Supermarkets.
- Multiple dwellings.
- Office buildings
- Warehouses or markets in one of the following established market areas:
- Bronx.
- Edgewater Road and Halleck Street between Lafayette Avenue and East Bay Avenue.
- Lafayette Avenue between Edgewater Road and the Bronx River.
- East Bay Avenue between Halleck Street and the Bronx River.
- Hunt's Point Avenue between East Bay Avenue and the Bronx River.
- Exterior Street between East 149th Street and East 157th Street.
- Cromwell Avenue between East 150th Street and East 153rd Street.
- East 150th Street between Exterior Street and River Avenue.
- Westchester Avenue between St. Ann's Avenue and Bergen Avenue.
- Brook Avenue between East 150th Street and East 156th Street.
- Bergen Avenue between East 149th Street and East 156th Street.
- East 152nd Street between Bergen Avenue and Brook Avenue.
- East 153rd Street between Bergen Avenue and Brook Avenue.
- Brooklyn.
- Manhattan.
- John Street to Fulton Street between South Street and Front Street.
- Fulton Street to Dover Street between South Street and Water Street.
- South Street and Front Street between John Street and Dover Street.
- Water Street between Fulton Street and Dover Street.
- Horatio Street to West 14th Street between West Street and 9th Avenue.
- West Street, Washington Street, Greenwich Street.
- 9th Avenue and 10th Avenue between Horatio Street and West 14th Street.
- West 16th Street, north side, and West 17th Street, south side, between 10th Avenue and 11th Avenue.
- West 24th Street to West 26th Street, south side, between 11th Avenue and 12th Avenue.
- West 27th Street, north side, to West 28th Street between 11th Avenue and 12th Avenue.
- 12th Avenue and St. Claire Place between 125th Street and 132nd Street.
- 12th Avenue, west side, between 132nd Street and 133rd Street.
- Queens.
- 95th Avenue, north side, between Sutphin Boulevard and 148th Street.
- Bronx.
When the occupancy or use of a building with a marquee is changed to an occupancy or use for which a projecting marquee is not permitted, the marquee shall be removed.
Exception: For buildings subject to the jurisdiction of the Landmarks Preservation Commission, Section 3202.2.1.4.6 shall not apply when the Landmarks Preservation Commission makes a determination that the removal of the marquee would be inappropriate to the architectural character of the building or historic district.
Exception: For buildings subject to the jurisdiction of the Landmarks Preservation Commission, Section 3202.2.1.4.6 shall not apply when the Landmarks Preservation Commission makes a determination that the removal of the marquee would be inappropriate to the architectural character of the building or historic district.
An applicant wishing to erect a marquee shall provide proof that the Commissioners of the Departments of Transportation, Consumer and Worker Protection, and Environmental Protection have not permitted the use of a space or structure on or under the sidewalk beneath the proposed marquee in such a manner that the construction of the proposed marquee shall interfere with the removal or repair of any such permitted use or structure.
Light fixtures that are supported entirely from the building may be constructed to project not more than 2 feet (610 mm) beyond the street line, provided no part of the fixture is less than 8 feet (2438 mm) above the ground or sidewalk level.
Flagpoles that are supported entirely from the building may be constructed to project not more than 18 feet (5486 mm) beyond the street line, but not closer than 2 feet (610 mm) to the curb line, provided that no part of the flagpole is less than 15 feet (4572 mm) above the ground or sidewalk level.
Wall signs may be constructed to project not more than 12 inches (305 mm) beyond the street line when conforming to the requirements of this code and Section H111 of Appendix H.
All permitted projecting signs may be constructed to project not more than 10 feet (3048 mm) beyond the street line, but not closer to the curb line than 2 feet (610 mm), when conforming to the requirements of this code and Section H112 of Appendix H, and provided that no part of the sign is less than 10 feet (3048 mm) above the ground or sidewalk level.
Exceptions: Permanent projecting signs are prohibited on buildings in the areas indicated below:
- Borough of Manhattan.
- Projecting signs. No permanent projecting sign shall be erected on any building on:
- 5th Avenue between Washington Square north and 110th Street;
- 34th Street between Park Avenue and 7th Avenue;
- Madison Avenue between 23rd Street and 96th Street;
- 57th Street between Lexington Avenue and Broadway;
- Vanderbilt Avenue between 42nd Street and 47th Street;
- Park Avenue between 32nd Street and 40th Street;
- Park Avenue between 45th Street and 96th Street;
- 33rd Street between Lexington Avenue and 5th Avenue;
- 35th through 41st Streets between Lexington Avenue and 5th Avenue;
- 43rd through 56th Streets between Lexington Avenue and 5th Avenue;
- 58th Street between Lexington Avenue and 5th Avenue;
- 60th Street between Lexington Avenue and 5th Avenue;
- Nassau Street between Wall Street and Frankfort Street; or
- John Street between Broadway and William Street.
- Illuminated projecting signs. No permanent illuminated projecting sign shall be erected on any building on:
- 72nd Street between Central Park West and River Drive.
- Projecting signs. No permanent projecting sign shall be erected on any building on:
- Borough of Brooklyn.
- Projecting signs. No permanent projecting sign shall be erected on any building on:
- Illuminated projecting signs. No permanent illuminated projecting sign shall be erected on any building on:
- Fulton Street between Flatbush Avenue and Prospect Street and Henry Street;
- Washington Street between Myrtle Avenue and Prospect Street;
- Court Street between Fulton Street and Livingston Street;
- Pierrepont Street between Fulton Street and Clinton Street;
- Montague Street between Court Street and Clinton Street;
- Remsen Street between Court Street and Clinton Street; or
- Joralemon Street between Court Street and Clinton Street.
- Projecting signs. No permanent projecting sign shall be erected on any building on:
Sun control devices constructed in accordance with Section 3105 and supported entirely from the building may project beyond the street line not more than 2 feet 6 inches (762 mm), provided that no part of the sun control device is less than 8 feet (2438 mm) above the ground or sidewalk level. Any portion of a sun control device that is located over a sidewalk vault and is more than 10 inches (254 mm) beyond the street line and less than 40 feet above the ground or sidewalk shall be removable or retractable to less than 10 inches (254 mm) beyond the street line.
When a building erected prior to December 6, 1969, is altered to provide access to individuals who use wheelchairs, ramps constructed to provide such access may, with the approval of the commissioner, project beyond the street line for a distance of not more than 44 inches (1118 mm). Ramps shall comply with the applicable provisions of Chapter 11.
Bridges connecting buildings and projecting beyond street lines may be permitted in accordance with applicable law. 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 rules.
In areas of special flood hazard or shaded X-Zones, permanent attachments to building façades necessary for the support and attachment of temporary, removable dry floodproofing barriers or shields may be constructed to project beyond the street line for a distance of not more than 6 inches (152 mm).
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 Sections 406.7.6 and 406.7.7. All sidewalks and driveways or portions thereof that are structurally supported shall be designed for loads prescribed in Chapter 16.