DOB and DCP allow for certain commercial terraces
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