Front, Side and Rear Yards.
63 RCNY § 2-17
in effect§ 2-17 Front, Side and Rear Yards.
(a) Alterations to Front Areaways of Rowhouses, Townhouses, Flats, Tenements and Other Attached Buildings.
(1) General. Areaways historically have been modified to address access and safety concerns, and to add greenery. This includes the addition of, and modification to, walls and fences around areaways, modification of the areaway itself, modifications to main entrances and entrances underneath stoops, and the addition of planting areas and planters.
(2) Alterations to areaway paving, steps, or planted areas. LPC Staff will issue an approval for alterations to or involving paving, steps or planted areas if the work meets all of the following relevant criteria:
(i) The work will be contained within the areaway, which is defined as the area in front of a rowhouse, townhouse, flat, tenement or other attached building typically constructed without a side yard, which often is enclosed by a fence, balustrade or wall;
(ii) The work will not result in the removal or destruction of significant architectural features;
(iii) The proposed paving materials are consistent with the paving materials historically found in areaways and yards of buildings of a similar age and type, or will match the adjacent sidewalk in terms of material and color;
(iv) The size and placement of the planted area, including at-grade planting beds and built-in or attached planters, will not call undue attention to itself or detract from significant architectural features of the building or adjacent buildings if in a historic district;
(v) Adjustments to steps or planted areas will not substantially alter the apparent grade of the areaway or yard. For purposes of this subparagraph:
(A) Lowering the entire areaway, including the removal of one step, to allow at-grade access from the sidewalk to the areaway;
(B) Excavation to accommodate new steps or reconfiguration of existing steps to improve access to a basement level entrance, including enlarging or widening steps, will be approved, provided:
(a) The excavation and steps will occupy fifty (50) percent or less of the square footage of the areaway;
(b) The excavation, steps and landing are in keeping with expanded basement entrances found on buildings of similar age and style within the historic district; and
(c) The excavation, steps and landing do not detract from significant architectural features of the building or, if the building is part of a row, do not detract from adjacent buildings or the streetscape;
(C) Excavation to construct a small ramp with no switchbacks to provide access to a basement entrance, which does not require railings or only minimal railings (such as well-mounted handrails or simple posts with top rails), provided the work does not affect more than fifty (50) percent of the areaway; and
(vi) The proposed areaway changes will be compatible with the special architectural and historic character of the building and the historic district.
(3) Garbage enclosures. LPC Staff will issue an approval for new or replacement garbage enclosures that are not easily moveable if the work satisfies all of the following relevant criteria:
(i) The work will be contained within the areaway defined by an existing fence, balustrade or wall, and will not result in damage to or the removal of architectural fabric from the building's facade, or areaway enclosure;
(ii) The garbage enclosure will not be physically attached to the building, areaway fence or wall, but instead will be attached to the areaway paving, but not through historic paving material;
(iii) The garbage enclosure will be of a simple design and painted to match the immediately adjacent facade or areaway enclosure material, or otherwise will have a neutral or dark finish that does not call undue attention to itself;
(iv) The enclosure will be limited in footprint and height to the general dimensions of the garbage receptacles it contains, and its size does not detract from the overall areaway proportions and configuration, or the building.
(4) Lampposts. LPC Staff will issue an approval for the installation of lampposts in the areaway, defined by an existing fence, balustrade or wall, if the work meets all of the following relevant criteria:
(i) The lamppost will not be installed through historic paving material;
(ii) The proposed lamppost will be situated at least several feet from the primary facade so as not to directly obscure significant architectural features;
(iii) The proposed placement of the lamppost relates to the spacing of elements within the areaway, such as the steps, planted areas and under-stoop entrance, and does not conflict with the facade's composition;
(iv) The proposed installation will not result in exposed conduit;
(v) The lamppost and lantern will be of a simple and proportional design, and will not exceed the sills of the parlor (or second) floor windows in height;
(vi) The lamppost and lantern will be metal and have a black painted finish; and
(vii) The proposed lamppost is in keeping with similar lamppost and areaway configurations within the streetscape and historic district.
(5) Basement/cellar level access hatches. LPC Staff will issue an approval for basement/cellar access hatches if the work satisfies all of the following relevant criteria:
(i) The proposed hatch will not be installed through historic paving material where feasible;
(ii) The placement of the hatch will not damage or directly obscure any significant architectural features of the building; and
(iii) The hatch will be constructed in wood or metal with a dark or neutral finish, in keeping with similar utilitarian installations.
(b) Installation of New Ironwork.
(1) Scope. This subdivision concerns applications for ironwork on top of areaway or stoop walls, or at alleyways, where the building has not previously had such ironwork of a type found on similar building types. For example, many stoops have been altered over time by the addition of handrails on the side or on top of stoop walls. Applications to restore or re-create original or historic ironwork must be made consistent with the criteria set forth in 63 RCNY § 2-11.
(2) New ironwork at areaways, stoops, service alleys or facades where no historic ironwork exists. LPC Staff will approve such work as follows:
(i) The installation of the new ironwork will not conceal, damage, or cause the removal of significant architectural features;
(ii) The new ironwork, with respect to its location on the building or property (e.g., on top of the areaway wall or stoop wall) and its scale and visual characteristics (including details and finish), will match or recall ironwork typically found on buildings of similar age, style and type; and where the building is part of a row, it is harmonious with other ironwork in the row;
(iii) The installation of the new ironwork will be harmonious with the special architectural and historic character of the building and the historic district.
(c) Walls and Fences.
(1) Scope. This subdivision concerns applications for walls and fences at small residential buildings, including rowhouses, townhouses, flats, and tenement buildings. LPC Staff will approve proposals that satisfy the criteria set forth below:
(i) New areaway wall or fence.
(A) The new wall or fence will not conceal, damage, or cause the removal of significant architectural features; and
(B) The scale, visual characteristics and location on the building or property of the new wall or fence will be in keeping with the age and style of the building, and, where the building is part of a row, is harmonious with other walls or fences in the row.
(ii) New fences at small residential buildings, including rowhouses, townhouses, flats and tenement buildings.
(A) LPC Staff will issue an approval for a rear yard fence if the work meets all of the following relevant criteria:
(a) The fence will not exceed six (6) feet in height;
(b) The fence will have a perforated or open design, which can include a portion of the fence being solid, if installed along the sidewalk at a corner building; and
(c) The fence will be constructed in wood or iron, whichever is most compatible with the building's age and style, and finished in a dark or neutral color, or clear finish. If visible, the design and finish of a metal fence should be simple and based on ironwork found in the district on buildings of similar type. If the fence is made of wood, the finished side must face away from the property if installed at the sidewalk of a corner rowhouse.
(d) Variations in material will be considered if the fence is not visible from a public thoroughfare and otherwise complies with applicable codes.
(e) A masonry wall, but not including cement masonry units enclosing a rear yard shall be approved if not visible and is no more than six (6) feet in height.
(B) LPC Staff will issue an approval for a metal picket fence at the side yard of a corner rowhouse if the work meets the following relevant criteria:
(a) The fence will match the height of an areaway fence but shall not exceed 36 inches in height;
(b) The fence will be simply designed and have a black or dark finish.
(2) Garden historic districts. This paragraph applies to proposals to install walls and fences in garden-style houses and apartment buildings in districts designated in part for the relationship between gardens and plantings and the buildings, including but not limited to buildings in the Sunnyside Gardens Historic District and the Jackson Heights Historic District. LPC Staff will approve applications for walls and fences if the following relevant criteria are met:
(i) Sunnyside Gardens Historic District. In the case of the Sunnyside Gardens Historic District, a new rear yard fence will be approved by LPC Staff if the fence:
(A) Will enclose the immediate rear yard behind the building that was not part of what was historically the shared common space. An application to enclose some or all of the rear yard that was historically part of the shared common space must be accompanied by proof that the restrictive easement providing for common space has lapsed and is no longer in place;
(B) Will not exceed thirty-six (36) inches in height; and
(C) Will be constructed of metal picket fencing with a dark finish.
(ii) Jackson Heights Historic District. In the case of an apartment building in the Jackson Heights Historic District, a new fence will be approved by LPC Staff if the fence:
(A) Will be limited to the planting area around the building;
(B) Has a black painted metal picket design that has an open quality; and
(C) The curb and fence combined will not exceed thirty (30) inches in height.
(iii) Jackson Heights Historic District. In the case of an original single- or two-family house in the Jackson Heights Historic District, LPC Staff will approve a low brick retaining wall at the border of the sidewalk and front yard if:
(A) The retaining wall will be as short as possible to contain erosion and in no event is higher than five brick courses, inclusive of a coping of brick or cast stone;
(B) The brick will closely match the brick facade of the building;
(C) The retaining wall will not feature decorative brickwork or ironwork;
(D) The retaining wall will not incorporate a perpendicular run from the sidewalk to the house, except a return to meet the lower stairs, which would divide the continuous front lawns of the row; and
(E) The retaining wall will match the height and design of an adjacent low garden wall that meets the requirements of this section or, if there is no adjacent retaining wall, is compatible with other low retaining walls on the block that meet the requirements of this section in terms of height and design.
(3) Free-standing houses. LPC Staff will issue an approval for the installation of a fence at free-standing houses if the work satisfies all of the following relevant criteria:
(i) The fence will be placed in the side or rear yard, behind the street-facing facade(s);
(ii) The fence will not exceed six (6) feet in height and is constructed of wood with the finished side facing away from the property;
(iii) Variations in the height and material will be considered if the fence is not visible from a public thoroughfare or the fence is permanently obscured from view by vegetation and the building otherwise complies with applicable codes.
(d) Driveways.
(1) General criteria.
(i) New driveway. LPC Staff will approve a new driveway only in districts where driveways are a common feature. As a general matter, these districts are comprised of what were historically detached single-family dwellings. If there is currently no existing curb cut, the applicant must provide documentation that the new curb cut will comply with the Zoning Resolution and the City Administrative Code, and that the applicant has filed for the curb cut with the Department of Buildings and the Department of Transportation.
(ii) Proposals to install a driveway or parking pad within the areaway or front yard of an attached or semi-attached house, or a row house, will require review by the full Commission at a Public Hearing.
(2) Specific criteria. LPC Staff will issue an approval to repair, alter or replace an existing driveway, and for a new driveway and a curb cut at the front, side or rear yard, if the work satisfies all of the following relevant criteria:
(i) Repair, alteration and replacement of an existing driveway.
(A) Repairs will match the existing driveway in terms of materials, details and finish;
(B) The existing footprint of a driveway may be altered by widening or creating a bump-out for turning or parking, provided the materials match the existing materials; the alterations do not significantly reduce the amount of green space of the yard; and the driveway is well scaled to the yard and building;
(C) Replacing an existing driveway. The materials and design of an existing driveway may be replaced as follows:
(a) If the existing driveway is an original or historic driveway and retains its original material and design, the replacement must match the material and design but the footprint may be altered as provided in clause (B) of this paragraph;
(b) If the existing driveway is not an original or historic driveway, it may be replaced with a driveway with different materials and design provided the new driveway satisfies the criteria of clause (E) of subparagraph (ii) of this paragraph.
(ii) New driveway where none currently exists.
(A) The installation of the driveway and curb cut will not eliminate any significant architectural feature, paving, or fabric from the building or site;
(B) The proposed location and design of the driveway and curb cut will be consistent with other buildings found in the historic district;
(C) The driveway will not significantly reduce the open and planted space within the yard and will not result in the loss or damage of a significant landscape improvement or feature identified in the relevant designation report;
(D) The driveway and curb cut are well scaled to the yard and building; and
(E) The proposed driveway paving materials match the predominant paving material and pattern within the streetscape, except staff may approve a substitute paving material that recalls the predominant paving material if the substitute meets applicable standards for improving the permeability of the paved surface and otherwise does not detract or call undue attention to itself.
(e) Accessory Ramps. LPC Staff will issue an approval for an accessory ramp for loading or other service functions that are not intended or required for barrier-free access, if the work satisfies all of the following relevant criteria:
(1) It is located within a service alley, or side or rear yard of a large apartment, hotel, or commercial building;
(2) The installation will be significantly obscured by existing masonry walls or ironwork;
(3) The proposed installation or any required excavation will not result in damage to or the removal of significant architectural features or historic fabric, including historic paving;
(4) The ramp will not block a window or obscure any significant architectural features of the building;
(5) The ramp will have no switchbacks and will be constructed in a material that matches the predominant paving or facade material, or is otherwise neutral in appearance and does not detract from the building or streetscape; and
(6) The railings will be simply designed or based on existing ironwork found on the building, and will have a black or neutral finish.
(Amended City Record 12/20/2018, eff. 1/19/2019)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-113117Fetched: 10/24/2026