§ 33-42 Permitted Obstructions
ZR § 33-42
In all Commercial Districts, the obstructions set forth in Section 23-411 (General permitted obstructions), as well as the following obstructions shall be permitted and may thus penetrate a maximum height limit or sky exposure planes, as set forth in Sections 33-43 (Maximum Height of Walls and Required Setbacks), 33-44 (Alternate Front Setbacks), 33-46 (Height and Setback Provisions for C7 Districts) or 33-491 (Limited Height Districts):
(a)Balconies, unenclosed, subject to the provisions of Section 24-164 (Balconies);
(b)Elevator or stair bulkheads (including shafts; and vestibules, roof water tanks, energy infrastructure equipment, and accessory mechanical equipment (including enclosures and screening), other than solar or wind energy systems (whether accessory or as part of energy infrastructure equipment), provided that:
(1)such obstructions shall be located not less than 10 feet from the street wall of a building, except that such obstructions need not be set back more than 25 feet from a narrow street line or more than 20 feet from a wide street line. However, such restrictions on location shall not apply to elevator or stair bulkheads (including shafts or vestibules), provided the aggregate width of street walls of such bulkheads within 10 feet of a street wall, facing each street frontage, does not exceed 30 percent of the street wall width of the building facing such frontage;
(2)the aggregate area of such obstructions, including any screening, does not exceed 50 percent of the lot coverage of the building, and the height of such obstructions shall not exceed 15 feet above the maximum permitted height, except where otherwise permitted by paragraph (3) of this Section;
(3)the aggregate area of such obstructions, including any screening, does not to exceed 30 percent of the lot coverage of the building, and the height of such obstructions shall not exceed:
(i)where the maximum permitted height of a building is 120 feet or lower, a height of 35 feet above the maximum permitted height;
(ii)where the maximum permitted height of a building is greater than 120 feet, a height of 55 feet above the maximum permitted height; and
(4)all equipment shall be subject to the applicable provisions of Section 37-20 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
(c)House of worship towers, ornamental, having no floor area in portion of tower penetrating such height limit or sky exposure plane;
(d)Qualifying rooftop greenhouses, up to 25 feet in height, provided that such obstruction shall be located not less than six feet from the street wall of the building;
(e)Spires or belfries;
(f)Wind energy systems, accessory or as part of energy infrastructure equipment, on portions of buildings with a height of 100 feet or greater, provided that:
