Section 33-42 - Permitted Obstructions
In all Commercial Districts , the obstructions set forth in Section 23-411 (General permitted obstructions), as well as the following obstructions shall be permitted and may thus penetrate a maximum height limit or sky exposure planes , as set forth in Sections 33-43 (Maximum Height of Walls and Required Setbacks), 33-44 (Alternate Front Setbacks), 33-46 (Height and Setback Provisions for C7 Districts) or 33-491 (Limited Height Districts):
(a) Balconies, unenclosed, subject to the provisions of Section 24-164 (Balconies);
(b) Elevator or stair bulkheads (including shafts; and vestibules, roof water tanks, energy infrastructure equipment , and accessory mechanical equipment (including enclosures and screening), other than solar or wind energy systems (whether accessory or as part of energy infrastructure equipment ), provided that:
(1) such obstructions shall be located not less than 10 feet from the street wall of a building , except that such obstructions need not be set back more than 25 feet from a narrow street line or more than 20 feet from a wide street line . However, such restrictions on location shall not apply to elevator or stair bulkheads (including shafts or vestibules), provided the aggregate width of street walls of such bulkheads within 10 feet of a street wall , facing each street frontage, does not exceed 30 percent of the street wall width of the building facing such frontage;
(2) the aggregate area of such obstructions, including any screening, does not exceed 50 percent of the lot coverage of the building , and the height of such obstructions shall not exceed 15 feet above the maximum permitted height, except where otherwise permitted by paragraph (3) of this Section;
(3) the aggregate area of such obstructions, including any screening, does not to exceed 30 percent of the lot coverage of the building , and the height of such obstructions shall not exceed:
(i) where the maximum permitted height of a building is 120 feet or lower, a height of 35 feet above the maximum permitted height;
(ii) where the maximum permitted height of a building is greater than 120 feet, a height of 55 feet above the maximum permitted height; and
(4) all equipment shall be subject to the applicable provisions of Section 37-20 (SPECIAL SCREENING AND ENCLOSURE PROVISIONS);
(c) House of worship towers, ornamental, having no floor area in portion of tower penetrating such height limit or sky exposure plane ;
(d) Qualifying rooftop greenhouses , up to 25 feet in height, provided that such obstruction shall be located not less than six feet from the street wall of the building ;
(e) Spires or belfries;
(f) Wind energy systems, accessory or as part of energy infrastructure equipment , on portions of buildings with a height of 100 feet or greater, provided that:
(1) the highest point of the wind turbine assembly does not exceed 55 feet;
(2) no portion of the wind turbine assembly is closer than 10 feet to any lot line ; and
feet or greater, provided that:
(1) the highest point of the wind turbine assembly does not exceed 55 feet;
(2) no portion of the wind turbine assembly is closer than 10 feet to any lot line ; and
(3) in districts where new residences or new joint living-work quarters for artists are allowed as-of-right or by special permit or authorization, or within 100 feet of such districts, the diameter of the swept area of the rotor does not exceed 15 feet.