deck or balcony?

I have been told that under zoning regulations, a deck cannot be more than 4 feet above the ground. Does anyone know what zoning text this might be? Our architect is saying that the deck we want to build will actually count as a balcony, and then cannot be full width. But I can’t find documentation.

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jimhillra | 3 years and 3 months ago

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A deck is allowed at the first story above grade. For brownstones, that usually means the first (parlor) floor. Occasionally, we see a condition where the first floor does not have steps up at the front, entering right at sidewalk level. In those cases, the first story above grade is actually the second floor.

However, most cases are a raised first floor, and in these cases, the rear yard is often level with the basement (garden) level. If so, a deck at the first floor may be 10 feet or more above the rear yard and it would still be a deck.

Another difference is steps vs. stairs. The difference is that stairs can provide access for more than just one story. Steps are allowed in the rear yard, but stairs are not. A deck would have steps, not stairs, so it’s permitted. A balcony would need stairs to get to the rear yard, but that is not permitted, so balconies cannot have access to the rear yard.

I’ve never heard of the length of steps being limited as Randolph describes. Perhaps it had more to do with the amount of projection in the rear yard, rather tha n the actual length. Or, there is a code max to the height of a staircase before you need a landing, but I don’t think that would apply here, either.

Also, decks may be supported by posts, columns, etc., but balconies (and this is relatively recent) cannot. Balconies are supposed to be supported by the building, without posts. I’ve only seen this enforced a couple of times.

Balconies and decks can cover the full width of the rear facade, but balconies may be limited to 50% of the width of the rear facade under certain circumstances (ZR 23-13).

Guest User | 3 years and 3 months ago

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thanks

randolph | 3 years and 3 months ago

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built a deck off my parlor floor and it was at least 10′ above the yard and full width. my understanding of the code issue were that for full width it had to be non combustible and if the stairs were over X feet long (maybe 15′?) they had to have a landing and switchback but we were just under that so we were able to have one long run.