§ 54-51 Energy Infrastructure or Retrofits
ZR § 54-51
Notwithstanding the other provisions of this Chapter, in all districts, a development, enlargement or alteration comprised exclusively of the addition of energy infrastructure equipment, accessory mechanical equipment, or qualifying exterior wall thickness, whether to a building or to an open area of the zoning lot, may create a new non-compliance or increase the degree of non-compliance of a building or other structure, provided that:
where locating such equipment in a non-complying open space, yard, rear yard equivalent, or court, as applicable, such equipment shall comply with the applicable height and area restrictions for the respective open area set forth in the applicable underlying district regulations, as applied to the level and size of the non-complying open area;
where locating such equipment on the rooftop of a building that is non-complying with respect to height and setback regulations, such equipment shall comply with the height and area regulations for such permitted obstruction set forth in the applicable underlying district regulations, as applied to the level of the rooftop, inclusive of any non-compliance into a required setback area, yard, or other required open area;
at any level, all energy infrastructure equipment or accessory mechanical equipment will be enclosed or screened in compliance with the applicable provisions for such permitted obstructions; and
where locating qualifying exterior wall thickness into either a non-complying open space, yard, rear yard, or court, or into a non-complying distance between two buildings or a non-complying distance between a building and lot line, or in a location not otherwise permitted by underlying street wall location rules, such additional encroachment of wall thickness shall not exceed the depth permitted by the underlying permitted obstruction regulations.
