35-33 Location of Open Space
C1 C2 C3 C4 C5 C6
In the districts indicated, the open space required for a residential building or the residential portion of a mixed building under the provisions of Section 35-32 (Open Space Ratio for Residential Portions of Buildings) may be at a level higher than 23 feet above curb level. Such open space may be provided at ground floor level or upon the roof of:
(a) the non-residential portion of a mixed building;
(b) a commercial building; or
(c) a community facility building that abuts such residential building or residential portion of a mixed building;
provided that the level of any open space may not be higher than 2 feet, 6 inches below the sill level of any legally required window opening on such roof area, in the residential portion of such mixed building. Open space located on the roof of a community facility building separated by open area from residential or mixed buildings on the same zoning lot may not be at a level higher than 23 feet above curb level.
In C4-1 Districts, for zoning lots having a lot area in excess of four acres, open off-street parking spaces which are accessory to commercial uses are not permitted obstructions within required open space.
In C4-1 Districts, for zoning lots having a lot area in excess of four acres, open space provided on the roof of a commercial building that would otherwise qualify as open space shall be subject to authorization by the City Planning Commission. In permitting such roof area to qualify as open space, the Commission shall find that:
(a) the location and layout of the roof area is directly accessible, useable and restricted for the residential occupants and their guests for whom no admission charge or membership fee is charged;
(b) such roof area contains recreational facilities, seating areas and landscaping; and
(c) all mechanical equipment or emissions therefrom are screened and no intake or exhaust duct faces directly into the open space.