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Except as provided in this section, each side setback, including street side setbacks, for buildings in the Hillside Area shall be ten feet (10') or twelve percent (12%) of the lot width for each setback, whichever is greater.
A. Street Side Setbacks: A street side setback shall be as indicated on the "residential street setback map of the city of Beverly Hills", if such setback is greater than the minimum setback otherwise required by this section.
If the street side setback is not shown on the "residential street setback map of the city of Beverly Hills" then the setback shall be governed by the provisions of this section regarding side setbacks.
B. Side Setback Extension: If a legally constructed existing building does not conform to the setback requirements of this section, then the building may be enlarged through the extension of the existing, nonconforming, side setback provided that the existing setback is not less than three feet (3') and the enlarged portion of the building does not exceed fourteen feet (14') in height.
1. Minor Accommodation: If the existing setback is not less than three feet (3') and the extension exceeds fourteen feet (14') in height, then the extension may be permitted by a minor accommodation permit issued pursuant to article 36 of this chapter provided that the floor area of the extension is less than one thousand (1,000) square feet and less than twenty percent (20%) of the existing floor area authorized by building permit as of September 2, 1988, and provided that the reviewing authority finds that the extension will not have an adverse impact on: a) the scale and massing of the streetscape, b) neighbors' access to light and air, c) neighbors' privacy, and d) the garden quality of the city.
2. Hillside R-1 Permit: If the existing setback is not less than three feet (3'), the extension exceeds fourteen feet (14') in height, and the area of the extension exceeds one thousand (1,000) square feet or twenty percent (20%) of the existing floor area authorized by building permit as of September 2, 1988, then the extension may be permitted by a Hillside R-1 permit issued pursuant to article 25.5 of this chapter.
C. Structures Built Into Uphill Slopes: If a building is built into an uphill slope located between the level pad and a rear property line, then the sum of the side setbacks for the portion of the building built into the uphill slope shall be the setbacks otherwise required by this section plus thirty percent (30%) of the lot width. Furthermore, in no case shall any side setback be less than the setback otherwise required by this section.
D. Application Of Side Setback Requirements To Existing Legally Nonconforming Side Yards: In all cases that the side setback requirements of this section are applied to construction on lots with existing legally nonconforming side setbacks, the largest setback required by this section shall be applied to the side of the lot with the largest existing side yard. (Ord. 85-O-1953, eff. 7-4-1985; amd. Ord. 86-O-1977, eff. 10-2-1986; Ord. 89-O-2056, eff. 4-20-1989; Ord. 90-O-2090, eff. 3-8-1990; Ord. 92-O-2147, eff. 9-4-1992; Ord. 95-O-2239, eff. 7-7-1995; Ord. 96-O-2261, eff. 7-5-1996)