(5) Roof Decks. 537

Roof decks are permitted for residential uses in all zoning districts. Roof decks for non-residential uses are prohibited, except in the CMX-3, CMX-4, or CMX-5 district, where special exception approval in accordance with the procedures of § 14-303(7) is required. Roof decks are prohibited on accessory structures. Roof decks are subject to compliance with § 14-604(5)(a) through 14-604(5)(c), below.

(a)   Setbacks. 537.1

Roof decks must be set back at least five ft. from the extreme front building line (closest to the front lot line). In cases where the top story is already set back at least five ft. from the extreme front line of the building, the roof deck does not require an additional setback. A roof deck may not be constructed in the front setback required by § 14-701(2)(b) (Notes for Table 14-701-1) or § 14-701(2)(c) (Notes for Table 14-701-2) for stories above the second story in RSA-5, RSA-6, and RM-1 districts.

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(b)   Height.

A roof deck and associated railings and fencing is considered a permitted appurtenance and is not subject to the building height limitations of the subject zoning district, provided that no part of the deck surface extends more than 48 in. above a plane that is midway between the lowest and the highest points of the roof surface supporting the rooftop deck.

(c)   Roof Deck Access Structures. 538

A roof deck access structure meeting the following requirements is considered a building appurtenance and is not subject to the building height limitations of the subject zoning district.

(.1)   The roof deck access structure may only serve to enclose the access stairs, elevators, or other means of access.

(.2)   Except in the RM-2, RM-3, RM-4, RMX-3, CMX-3, CMX-4, CMX-5, and IRMX districts, the roof deck access structure may not exceed 125 sq. ft. in area, however roof deck access structures that also contain an elevator are permitted an additional 40 sq. ft. of area. 539

(.3)   The roof deck access structure may not exceed 10 ft. in height above the surface of the roof deck.

(.4)   Roof deck access structures must meet the same setback requirements as the associated roof deck, provided that any part of the roof deck access structure located more than 42 in. above the surface of the roof deck must be set back an additional 5 ft. from the required setback of the associated roof deck. The roof deck access structure must be set back 5 ft. from the extreme rear building line. 540

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(.5)   For illustrative purposes only, the following diagrams show the permissible area for a roof deck access structure: 541

Permitted Roof Deck Access Structure Area, Attached Dwelling:

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Note: Height limitation applies everywhere. Square footage limitation does not apply in RM-2, RM-3, RM-4, RMX-3, CMX-3, CMX-4, CMX-5, and IRMX.

Permitted Roof Deck Access Structure Area, Corner Lot:

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Note: Height limitation applies everywhere. Square footage limitation does not apply in RM-2, RM-3, RM-4, RMX-3, CMX-3, CMX-4, CMX-5, and IRMX.

(d)   Fences, Guard Rails, and Privacy Screens. 542

Fences or guard rails used to enclose roof decks may not exceed 42 in. in height, except that privacy screens up to 60 in. in height and no more than fifty percent (50%) opaque may be installed on the sides of the roof decks that are parallel to side lot lines and located within 18 in. of a side lot line that is not also a street line.

(e)   Zoning Permits Not Required.  543

(.1)   Existing permits for roof decks and roof deck access structures may be modified by L&I prior to the issuance of a building permit to allow for one or more of the following modifications, provided the roof deck and the roof deck access structure remain in compliance with the provisions of this § 14-604(5):

(.a)   A relocation of the roof deck or roof deck access structure to a different location on the roof;

(.b)   A reduction in the area of the roof deck or the roof deck access structure; or

(.c)   A reduction in the height of the roof deck access structure.

(.2)   Modifications allowed under this subsection (e) will not require new zoning permits or Zoning Board of Adjustment hearings. This subsection (e) does not apply to any other modifications to a zoning permit.

 

Notes

537	Amended, Bill No. 120774-A (approved January 14, 2013); amended, Bill No. 130764 (approved December 18, 2013); amended, Bill No. 150502-AA (approved December 23, 2015).
537.1	Amended, Bill No. 210078-A (approved April 28, 2021).
538	Amended, Bill No. 150502-AA (approved December 23, 2015).
539	Amended, Bill No. 180463 (approved July 18, 2018).
540	Amended, Bill No. 180463 (approved July 18, 2018).
541	Added, Bill No. 180463 (approved July 18, 2018); former subsection (.5) deleted and former subsection (.6) renumbered and amended, Bill No. 210075 (approved March 29, 2021).
542	Added, Bill No. 130764 (approved December 18, 2013); amended, Bill No. 161003-A (approved May 8, 2017).
543	Added, Bill No. 210075 (approved March 29, 2021).