62-34 - Height and Setback Regulations on Waterfront Blocks

LAST AMENDED
12/5/2024


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:

(a)    #Street lines#

       For 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#.

(b)    Measurement of height

       The 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.
(c)   Permitted obstructions

       The 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:

       (1)    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#.

       (2)    Wind energy systems

              Regulations governing wind energy systems are modified as follows:

               (i)   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;

              (ii)   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

             (iii)   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#.