§ 107-223 Permitted obstruction in designated open space
ZR § 107-223
The following shall not be considered as obstructions when located in designated open space:
(a)Awnings and other sun control devices, pursuant to Section 23-311 (Permitted obstructions in all yards, courts and open areas);
(b)Balconies, unenclosed, subject to the provisions of Section 23-62;
(c)Eaves, gutters or downspouts projecting into such designated open space not more than 16 inches;
(d)Fences or walls, conditioned upon certification by the City Planning Commission that:
(1)such fences or walls will not obstruct or preclude public access or circulation of pedestrians, cyclists or horseback riders through the public easement within designated open space; and
(2)the location, size, design and materials of such fences or walls are appropriate to the character of the designated open space;
(e)Qualifying exterior wall thickness, pursuant to Section 23-311;
(f)Solar energy systems on walls pursuant to Section 23-311.
No accessory off-street parking facilities shall be permitted in designated open space. No building or other structure shall be erected in designated open space except as permitted by the provisions of Section 107-221 (Active recreational facilities). Any existing building or other structure located within the designated open space on November 2, 2023, and not complying with the provisions of this Section or the other Sections specified in the preceding paragraph, shall not be enlarged but may be continued as a non-conforming use or non-complying building subject to the applicable provisions of Article V (Non-conforming Uses and Non-complying Buildings) in accordance with the underlying district regulations.
