104-322

Permitted Obstructions

The following shall not be considered obstructions and thus may penetrate the applicable maximum building height and the applicable maximum height for mechanical equipment set forth in Appendix B of this Chapter, and may also penetrate the sky exposure plane set forth in Section 104-321 (Mechanical equipment). Within 50 feet of the upper street wall, the width of such obstructions shall be limited in total to 10 percent of the aggregate width of street walls of a building, per street frontage, at any level above the maximum level of mechanical equipment as set forth in Section 104-321. Beyond 50 feet from the upper street wall, the permitted obstructions may occupy an area not to exceed 30 percent of the building coverage at the ground level. Where portions of the upper street wall are located at different distances from the street line or mandatory widened sidewalk line, whichever is applicable, the portion used to establish such reference line shall be the portion that occupies the greatest area of such upper street wall. However, in no event shall such obstructions be located within 10 feet of the upper street wall.

(a)        Antennae and structural support thereto;

(b)        Chimneys, flues, intake and exhaust vents limited to a lot coverage of 900 square feet with neither length nor width of any single such obstruction, nor the total length or width of all such obstructions, greater than 30 feet;

(c)        Decks, and other surfaces for recreational activities, not more than 3 feet, 6 inches in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher;

(d)        Elevator and stair bulkheads to a maximum height of 15 feet above the permitted maximum height of mechanical equipment;

(e)        Flagpoles or aerials;

(f)        House of worship towers, ornamental, having no floor area in portion of tower penetrating such sky exposure plane;

(g)        Parapet walls, not more than four feet in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. A guardrail with a surface at least 70 percent open or with an opacity of not more than 30 percent (as viewed in elevation), shall be permitted above a parapet wall or within two feet of a parapet wall, provided such guardrail is not more than four feet above the accessible level of a roof. Such restriction on guardrail height shall not apply when located beyond two feet from a parapet wall;

(h)        Pipes and supporting structures;

(i)        Railings;

(j)        Roof thickness, up to eight inches, to accommodate the addition of insulation, for buildings or portions of buildings constructed prior to April 30, 2012. For a building that has added roof thickness pursuant to this paragraph (j), an enlargement may align with the finished roof surface of such building, provided the enlarged portion does not exceed the maximum height limit by more than eight inches;

(k)        Rooftop greenhouses, permitted pursuant to Section 75-01 (Certification for Rooftop Greenhouses);

(l)        Skylights, clerestories or other daylighting devices, not more than four feet in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. Such devices shall be limited to a lot coverage not greater than 10 percent of the lot coverage of the roof and be located at least eight feet from the street wall edge. However, such devices shall not be permitted obstructions above a roof with a slope greater than 20 degrees;

(m)        Solar energy systems:

(1)        on the roof of a building, up to four feet in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher;

(2)        on the roof of a building, greater than four feet in height, as measured from the maximum height limit, or the finished level of the roof, whichever is higher, provided that all such portions above four feet are set back at least six feet from a street wall, limited to a lot coverage not greater than 25 percent of the lot coverage of the roof and do not exceed:

(i)        a height of 15 feet; and

(ii)        when located on a bulkhead or other obstruction, pursuant to paragraph (d) of this Section, a height of six feet;

(3)        on walls existing on April 30, 2012, projecting no more than 10 inches and occupying no more than 20 percent of the surface area of the building wall (as viewed in elevation) from which it projects;

However, any installation on a roof with a slope greater than 20 degrees shall be limited to 18 inches in height, as measured perpendicular to the roof surface;

(n)        Spires or belfries;

(o)        Vegetated roofs, not more than 3 feet, 6 inches in height excluding vegetation, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher. On roofs with slopes greater than 20 degrees, vegetated roofs shall be limited to a height of 12 inches measured perpendicular to such roof surface;

(p)        Weirs, check dams and other equipment for stormwater management, not more than 3 feet, 6 inches in height, as measured from the maximum height limit, or the finished level of the roof as it existed on April 30, 2012, whichever is higher;

(q)        Window washing equipment mounted on the roof;

(r)        Wire, chain link or other transparent fences.

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