§ 62-34 Height and Setback Regulations on Waterfront Blocks
ZR § 62-34
Height and setback regulations for zoning lots within waterfront blocks are set forth in the following Sections:
Section 62-341 (Height and setback regulations in lower density districts)
Section 62-342 (Height and setback regulations in medium- and high-density districts with a letter suffix)
Section 62-343 (Height and setback regulations in other medium- and high-density districts)
Section 62-344 (Developments on piers)
Section 62-345 (Developments on floating structures)
However, airports, heliports, seaplane bases and, in C8 or Manufacturing Districts, developments comprised predominantly of WD uses or uses listed under Use Groups IV(B), IX or X shall be exempt from the requirements of this Section.
All developments on portions of a zoning lot landward of the shoreline or on platforms shall be subject to the height and setback provisions of this Section. However, when the seaward view from all points along the shoreline of a zoning lot is entirely obstructed by existing elevated roads, bridges or similar structures which are less than 50 feet above the mean high water line and within 200 feet of the shoreline, developments shall be exempt from the requirements of this Section. Height and setback regulations for developments on piers and floating structures are set forth in Sections 62-344 and 62-345.
For the purposes of applying the regulations of this Section, the following provisions shall apply:
Street linesFor the purposes of Sections 62-342 and 62-343, a shore public walkway, visual corridor, upland connection or supplemental public access area shall be considered a street and its boundary shall be treated as a street line. Any visual corridor or upland connection that measures at least 75 feet in width, or any shore public walkway or supplemental public access area, shall be considered a wide street. Any other visual corridor or upland connection shall be considered a narrow street.
Measurement of heightThe height of all buildings or other structures on waterfront blocks shall be measured from the base plane, except where modified by the provisions of Article VI, Chapter 4.
Permitted obstructionsThe obstructions permitted pursuant to Sections 23-411, inclusive, 24-51, 33-42 or 43-42 and, where applicable, Sections 64-312, 64-313 or 64-323, shall apply. In addition, the following regulations regarding permitted obstructions shall apply: A penthouse portion of a building shall be permitted to exceed the applicable maximum building height in Section 62-343 by 15 percent, provided that the gross area of any such story does not exceed 90 percent of the gross area of that story directly below the highest 15 percent of the building. Wind energy systemsRegulations governing wind energy systems are modified as follows: in R6 through R12 Districts, Commercial Districts mapped within, or with a residential equivalent of, R6 through R12 Districts, C7 Districts, C8 Districts other than C8-1 Districts, or Manufacturing Districts other than M1-1 Districts, wind energy systems located on a roof of a building shall not exceed a height equivalent to 50 percent of the height of such portion of the building or 55 feet, whichever is less, as measured from the roof to the highest point of the wind turbine assembly; in C4-1, C8-1 and M1-1 Districts, for buildings containing commercial or community facility uses, wind energy systems shall not exceed a height of 55 feet when located above a roof of the building as measured to the highest point of the wind turbine assembly; and in all districts, no portion of a wind energy system may be closer than 10 feet to a waterfront public access area boundary or a zoning lot line.
A penthouse portion of a building shall be permitted to exceed the applicable maximum building height in Section 62-343 by 15 percent, provided that the gross area of any such story does not exceed 90 percent of the gross area of that story directly below the highest 15 percent of the building.
Wind energy systemsRegulations governing wind energy systems are modified as follows: in R6 through R12 Districts, Commercial Districts mapped within, or with a residential equivalent of, R6 through R12 Districts, C7 Districts, C8 Districts other than C8-1 Districts, or Manufacturing Districts other than M1-1 Districts, wind energy systems located on a roof of a building shall not exceed a height equivalent to 50 percent of the height of such portion of the building or 55 feet, whichever is less, as measured from the roof to the highest point of the wind turbine assembly; in C4-1, C8-1 and M1-1 Districts, for buildings containing commercial or community facility uses, wind energy systems shall not exceed a height of 55 feet when located above a roof of the building as measured to the highest point of the wind turbine assembly; and in all districts, no portion of a wind energy system may be closer than 10 feet to a waterfront public access area boundary or a zoning lot line.
in R6 through R12 Districts, Commercial Districts mapped within, or with a residential equivalent of, R6 through R12 Districts, C7 Districts, C8 Districts other than C8-1 Districts, or Manufacturing Districts other than M1-1 Districts, wind energy systems located on a roof of a building shall not exceed a height equivalent to 50 percent of the height of such portion of the building or 55 feet, whichever is less, as measured from the roof to the highest point of the wind turbine assembly;
in C4-1, C8-1 and M1-1 Districts, for buildings containing commercial or community facility uses, wind energy systems shall not exceed a height of 55 feet when located above a roof of the building as measured to the highest point of the wind turbine assembly; and
in all districts, no portion of a wind energy system may be closer than 10 feet to a waterfront public access area boundary or a zoning lot line.
