64-43 Special Height and Setback Regulations for Buildings Existing on October 28, 2012
Single- and two-family residences existing on October 28, 2012, may be vertically elevated, or reconstructed to a higher elevation,
in order to raise the lowest horizontal structural member supporting the lowest floor containing habitable space, located at or above the adjoining grade as of October 28, 2012, to flood-resistant construction elevation, and in so doing may create a non-compliance as to height and setback to the extent that such lowest horizontal structural member is elevated or reconstructed to flood-resistant construction elevation.
This Section shall not preclude the construction of complying enlargements or other complying structures on the zoning lot.
Buildings that were complying on October 28, 2012, and vertically elevated or reconstructed to a higher elevation, pursuant to this Section, shall be considered legal non-complying buildings.
The provisions of this Section shall apply without requiring a building to comply with flood-resistant construction standards as established in paragraph (a) of Section 64-12 (Applicability).
In R5 through R10 Districts, and in Commercial and Manufacturing Districts, for all existing buildings, the regulations for permitted obstructions to height and setback regulations shall be modified to increase the permitted volume for elevator or stair bulkheads (including shafts, and vestibules not larger than 60 square feet in area providing access to a roof), roof water tanks and accessory mechanical equipment (including enclosures), other than solar or wind energy systems, as follows:
(a) where the maximum building height is less than 120 feet, the maximum permitted height of such volume may be increased from 25 feet to 33 feet, provided that the lot coverage of all such obstructions does not exceed 20 percent of the lot coverage of the building; and
(b) where the maximum building height is 120 feet or greater, the maximum permitted height of such volume may be increased from 40 feet to 55 feet, provided that the lot coverage of all such obstructions does not exceed 20 percent of the lot coverage of the building.