The Office of Zoning Administrator has had several applications where a portion of a top of a building is being used as an open balcony or deck which is adjacent to a partial top story at the same level. In order to distinguish a rooftop deck, in which the railings would be subject to the setback provisions under Section C-1502.1 from a balcony, the Zoning Administrator has determined the following:
- If the depth of the space is 10 feet or greater, then the area is deemed a rooftop deck and would be subject to the setbacks.
- If the depth of the space is less than 10 feet, then the area is deemed a balcony and would not be subject to the setbacks.
Section C-1502.1 states:
Penthouses, screening around unenclosed mechanical equipment, rooftop platforms for swimming pools, roof decks, trellises, and any guard rail on a roof shall be setback from the edge of the roof upon which it is located as follows: [Excerpt, emphasis added]
Base on the interpretation above, the railings for a rooftop deck are subject to Section C-1502.1 while a balcony is exempted from the setback requirement.