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.

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 GFA. In the case of floor area dedicated to services and storage necessary to the operation of the theater, no exemption was granted. These are necessary to the operation of the use, not the building.

Code Section: 102

Subject: "Floor area, gross," ground floor(b)(11)

Effective Date: 3/86

Interpretation:

   This Section exempts the ground floor building or pedestrian circulation in the C-3 Districts. While the amount of ground floor retail exempted under Section 102.8(b)(12) is limited to 75 percent of the ground floor, this does not imply a limit of 25 percent of the ground floor for pedestrian circulation.

Code Section: 102

Subject: "Floor area, gross," ground floor

Effective Date: 3/86

Interpretation:

   This Section exempts from the calculation of gross floor area (GFA) the ground floor building or pedestrian circulation in the C-3 Districts. In a building in a C-3 District, the ground floor circulation consisted of a lobby leading to elevators, and circulation beyond the elevators leading to offices. It was decided to allow the office circulation to be exempt from the GFA based upon the phrase "building circulation." Office circulation is considered to be part of building circulation and is exempt from the GFA.

Code Section: 102

Subject: "Floor area, gross," mechanical space

Effective Date: 5/89

Interpretation:

   These Sections define the amount of mechanical space allowed to be excluded from the gross floor area. Paragraph (a)(1) includes basement and cellar space in the FAR, EXCEPT those areas used for storage or services necessary to the operation or maintenance of the building itself. Thus, any mechanical space located in the basement is excluded from gross floor area. Paragraph (b)(3) excludes any mechanical space located at the top of the building. Paragraph (b)(4) excludes mechanical equipment located either (1) on an intermediate floor of the building and forming a complete floor, or (2) in the C-3 Districts, located on a number of intermediate floors occupying less than a whole floor not to exceed the area of an average floor. The two exclusions contained in Paragraph (b)(4) are mutually exclusive; however, this exclusion may be combined with rooftop and basement space.