1306.1 The waterfront requirements shall apply to the NYE zone as specified in Subtitle C, Chapter 11, as modified by this chapter. Where there is a conflict between the provisions of Subtitle C, Chapter 11 and this chapter, the provision of this chapter shall govern.

1306.2 The seventy-five-foot (75 ft.) waterfront setback required under Subtitle C § 1102.1(a), shall be open to the sky or have a minimum clearance of forty feet (40 ft.), above which projections and open and unenclosed balconies, may project to a depth of no more than fifteen feet (15 ft.).

1306.3 Notwithstanding Subtitle C § 1102.1, enclosed projections of no more than fifteen feet (15 ft.) in depth for no more than fifty percent (50%) of the building façade width facing the waterfront shall be permitted to be constructed.

1306.4 Notwithstanding Subtitle C § 1102.1(e), for portion of the bulkhead linear frontage located west of the Admiral's Barge Slipway, the public pedestrian and bicycle trail required under Subtitle C § 1102.1(e) may be reduced in width to account for existing or required security fencing owned or required by the US Federal Government, provided the remaining width of the pedestrian and bicycle trail is not less than eighteen feet (18 ft.) and provided further that any bridge or other crossing element over the Admiral's Barge Slipway or marine railway shall not be limited by Subtitle C § 1102.1(e).

SOURCE: Final Rulemaking published at 72 DCR 006195 (May 23, 2025).