NYC Municipal Approvals, Building Codes + Zoning Consultants

NYC from the ground up

DOB and DCP allow for certain commercial terraces

Posted on March 19, 2018

Last year the DOB started cracking down on commercial terraces.  The building department began aggressively enforcing zoning provisions that require most commercial and manufacturing uses to “be located within completely enclosed buildings,” with certain exceptions for eating and drinking establishments.

As of Wednesday, March 14, 2018, the DOB released an official bulletin, in connection with an interpretation issued by the Department of City Planning that now allows for such terraces, so long as they are used for passive recreation accessory to the principal use.
For new buildings and certain terraces in existing building will require such terraces listed on the Certificate of Occupancy.  However, the DOB allows for certain existing buildings with terrace spaces that meet certain requirements can be legally occupied under an alteration type 2 application, without going through the process to amend the Certificate of Occupancy.
For more information, the building bulletin can be found here.
Disclaimer: The services provided by Design 2147, Ltd., its officers, managers, or employees are non-legal services. As such, the protection of the attorney-client relationship does not exist with respect to the services provided. The information contained in the above report is the opinion of the writer and his/her interpretation of the various NYC Construction Codes and Laws referenced therein. It is also based on information that you have provided. Although every effort was made to provide for a complete and thorough analysis, neither Design 2147, Ltd., nor any of its officers, managers or employees guarantees the accuracy of any information contained herein. Reliance upon the information contained herein is entirely at your own risk. As this opinion is only advisory, the final decision is the responsibility of the designated authority charged with the administration and enforcement of said codes.