54-51 - Energy Infrastructure or Retrofits

LAST AMENDED
12/6/2023


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:

(a)    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;

(b)    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;

(c)    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

(d)    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.