Code Section: 102

Subject: "Dwelling unit," residential hotel w/communal kitchen

Effective Date: 5/90

Interpretation:

   This Section defines a dwelling unit as a room or suite of rooms designed for one family use and having only one kitchen and that a housekeeping room is a dwelling unit. Residential hotel rooms without kitchens are not considered to be dwelling units. (See Interpretation 209.2 4/89 08/04/89 to see how these are handled.) Adding a communal kitchen to a residential hotel does not change its use under the Planning Code.

Code Section: 102

Subject: "Dwelling unit," definition of living unit with kitchen

Effective Date: 1/92

Interpretation:

   This Section defines dwelling unit. It says that a dwelling unit must have a kitchen but it does not mention length of stay for renters. It has been ruled that a unit with a kitchen rented for a duration longer than one week but less than one month is a hotel. Such unit rented for less than a week is a transient hotel room. These units would be subject to the rules of the Planning Code applicable to their respective uses. Certain hotel rooms with kitchens as designated and controlled by the Residential Hotel Ordinance must have a tenure of at least 32 days or be subject to abatement as illegal conversions to a transient hotel unit under the Residential Hotel Ordinance.

Code Section: 102

Subject: "Dwelling unit," two dwelling units combined

Effective Date: 6/93, 4/2003

Interpretation:

   This interpretation revokes an interpretation dated 6/93. As reflected in the Planning Commission's Policy on Dwelling Unit Mergers (December 2001), the merger of dwelling units raises significant concerns regarding the loss of housing units and the impact upon the City's overall housing stock. Two legal apartments in a multiple-unit building could be combined by opening a party wall and could be used by one family while retaining both kitchens. This situation would be considered to be two units used by one family, and is considered a dwelling unit merger subject to the Planning Commission's Policy. Although the two units still exist as legally separate units, they are, in effect, merged for the use of one family and should be reviewed against the dwelling unit merger policy, since they have a similar effect upon the City's housing stock.

Code Section: 102

Subject: "Family," roomer or boarder as part of

Effective Date: 7/89

Interpretation:

   This Section allows three roomers or boarders to live in a dwelling along with a person or two or more persons related by blood, marriage or legal guardianship as part of the definition of "family." Because the traditional understanding of the terms "roomer" and "boarder" and because the traditional manner in which rooms are let in one's own dwelling involves long-term tenure and because the long-standing interpretation recently expressed in this document (see Interpretation 209.2 4/89 below) requires a minimum tenure of one month for group housing, the terms "roomers" and "boarders" in this definition cannot be used to allow a bed and breakfast or any room rental for a term of less than one month.

Code Section: 102

Subject: "Floor area, gross," ground floor (b)(12)

Effective Date: 3/86

Interpretation:

   This Section exempts from the definition of gross floor area in the C-3 Districts, up to 75 percent or 5,000 square feet of ground floor "devoted to personal services, restaurants, and retail sales of goods intended to meet the convenience shopping and service needs of downtown workers and residents." The intent of this Section is to encourage uses creating pedestrian activity and interest. While a theater may generate pedestrian traffic, it creates no pedestrian interest. Theaters are usually blank-walled and inaccessible to the public without paying an entrance fee. Since most people don't visit theaters as frequently or as spontaneously as retail sales shops, theaters do not service convenience shopping and service needs. Retail sales and service uses allowed in the C-3 Districts are found in Section 218-Retail Sales and Personal Services. Theaters are found in Section 221-Assembly and Entertainment. Therefore, a theater is not a retail use for purposes of this Section and is not exempt from the definition of "gross floor area."

Code Section: 102

Subject: "Floor area, gross"

Effective Date: 4/88

Interpretation:

A porte cochere generally at grade level which extends under a portion of a building containing occupiable area and which is enclosed by the building on no more than two sides does not count as floor area.

Code Section: 102

Subject: "Floor area, gross," basement area

Effective Date: 3/86

Interpretation:

   This Section defines basement space not used for storage or services necessary to the operation or maintenance of the building as included within the gross floor area (GFA). Where a basement extends under the sidewalk through the use of vaulting, such area is owned by the City and a revocable sidewalk encroachment permit is required. Since the City may reclaim possession of the area at any time, the applicant argued that this area should be exempt from the GFA. This situation is analogous to a bay window, which also requires an encroachment permit. Bay window area does count against GFA, and therefore, so does basement space under the sidewalk. However, areas under the sidewalk that are inaccessible from the building are exempt from the GFA.