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Commercial encroachments occur when any structures exceed the allotted space and height requirements.

Commercial Encroachments

Any height encroachment not specifically listed is prohibited.

The following roof structures may occupy a maximum of 25% of the roof area: a spire, belfry, cupola, dome not intended for human occupancy, chimney, flue or vent stack, flagpole, monument, water tank, television antenna or aerial, air conditioning unit, or similar structure or mechanical appurtenance (not including a rooftop renewable energy system). A larger area may be approved by the Planning Board under optional method development in the Commercial/Residential and Employment zones.

The maximum height does not apply to solar panels and any roof structure listed in Section 4.1.7.C.3.a, except that in the TLD, TMD, THD, and R-30 zones, an air conditioning unit or similar structure or mechanical appurtenance may exceed the established height limit by a maximum of 8 feet.

In the CRT, CR, Employment, and Industrial zones, the following may exceed the established height limit by up to 8 feet, except when located within an airport approach area:

  • rooftop deck, patio, shade structure;
  • rooftop garden, landscaping;
  • parapet wall;,
  • rooftop rainwater collection or harvesting system; and
  • rooftop renewable energy system, such as a solar panel or wind turbine.
  • An accessory structure located on the roof must not be used for any purpose other than a use incidental to the principal use of the building.
  • A public building may be a maximum of 120 feet; but the minimum front, rear, and side setbacks must be increased 1 foot for each foot above the maximum height allowed in the zone.                                                                                                                                                                                                                                                              

Height in Airport Approach Areas

The height of any building or structure, including any structure regulated under Section 4.1.7.C.3, must be limited to provide a clear glide path from the end of the usable landing strip. The glide path is a plane surface laid out according to the operating characteristics of the aircraft for which the airport is designed, and under the criteria in the airport's conditional use approval. The first 500 feet of such glide path must be wholly within the airport. Fire Escape

Any unenclosed fire escape or outside stairway may project a maximum of 5 feet into any side street, side, or rear setback.