3202.2.2 Encroachments Not Subject to Area Limitations

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.

Vehicular access curb cuts that can no longer serve as vehicular access across a curb or sidewalk shall be removed and the curb and sidewalk shall be restored in accordance with standards of the Department of Transportation. The commissioner may order such removal and restoration. 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. 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 in accordance with standards of the Department of Transportation. Upon the failure of the owner to comply with any of the orders provided for in Section 3202.2.2.4, in such cases where the restoration of such curb cuts are needed to facilitate department of transportation work, the commissioner may inform the commissioner of transportation of such failure to comply and may request the cooperation of the commissioner of transportation acting under his or her authority pursuant to Section 2903(b)(7) of the New York City Charter in the enforcement of this section.