64-623 - Special height regulations for non-complying buildings

LAST AMENDED
12/5/2024

For #buildings or other structures# that are #non-complying# with the applicable district height and setback regulations, the maximum height of such
altered, #enlarged#, relocated or reconstructed #building or other structure#, shall not exceed the height permitted pursuant to either paragraph (a) or
(b) of this Section, as applicable. An alteration, #enlargement#, relocation or reconstruction pursuant to this Section may continue an existing #non-
compliance#, increase the degree of an existing #non-compliance#, or create a new #non-compliance# with height and setback regulations, and may
continue or increase a #non-compliance# with other #bulk# regulations associated with such #non-complying# height, subject to the limitations of this
Section. All permitted obstruction) allowances shall be measured with respect to the modified envelopes of this Section.

(a)    For pre-existing #buildings or other structures# that do not exceed the overall permitted height

       Where the height of a pre-existing #building or other structure# does not exceed the overall height permitted by the applicable district
       regulations, as measured from the top of the #lowest usable floor# to the highest point of such pre-existing #building#, the height of such
       altered, #enlarged#, relocated or reconstructed #building or other structure# shall not exceed:

       (1)    the applicable #sky exposure plane#, for #buildings# governed by #sky exposure planes# as measured from the #reference plane#; or

       (2)    a horizontal plane equivalent to the maximum #building# height permitted by the applicable district for all other #buildings# as
              measured from the #reference plane#.

(b)    For pre-existing #buildings or other structures# that exceed the overall permitted height

       Where the height of a pre-existing #building or other structure# exceeds the overall height permitted by the applicable district regulations, as
       measured from the top of the #lowest usable floor# to the highest point of such pre-existing #building#:

       (1)    the height of such altered, #enlarged#, relocated or reconstructed #building or other structure# as measured from the #reference plane#
              shall not exceed a horizontal plane equivalent to the pre-existing height of such #building#, as measured from the top of the #lowest
              usable floor#, to the highest point of such pre-existing #building#, provided also that such height shall not exceed the overall height
              permitted by the applicable district regulations by 10 percent, or 10 feet, whichever is less; and

       (2)    for #buildings# or other #structures# subject to the regulations of Section 23-421 (Basic pitched-roof envelopes for certain districts),
              where the degree of the alteration or reconstruction exceeds 75 percent of the #floor area#, the height of a perimeter wall of such altered,
              #enlarged#, relocated or reconstructed #building or other structure# as measured from the #reference plane# shall not exceed the higher
              of the maximum perimeter wall height for the district, or the pre-existing height of such perimeter wall, as measured from the top of the
              #lowest usable floor# to the highest point in such pre-existing #building# before setback.


       However, the height allowances of this Section shall not apply to #single# or #two-family residences# that are not #non-complying# with #floor
       area# requirements, or where the provisions of paragraph (b) of Section 64-622 (Special open area regulations for non-complying buildings) are
       utilized.