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.

Code Section: 102

Subject: "Floor area, gross"

Effective Date: 7/89

Interpretation:

   See also Interpretation 204.5

Code Section: 102

Subject: "Floor area, gross," space excluded from in C-3

Effective Date: 5/90

Interpretation:

   This Section states that as much as 75 percent of the ground floor area of a building can be excluded from the definition of "gross floor area" provided the space is used for certain retail uses with less than 5,000 square feet of occupied floor area. In the case of a retail store whose OCCUPIED floor area was less than 5,000 square feet but whose GROSS floor area was more than 5,000 square feet, the entire store was excluded from the gross floor area of the building. It was also clarified that the maximum exclusion of 75 percent does not limit the amount of retail space on the floor to that amount but that any amount in excess of that amount simply will count as part of the gross floor area of the building.

Code Section: 102

Subject: "Floor area, occupied," stairways

Effective Date: 10/89

Interpretation:

   This Section lists those features that are excluded from the gross floor area to determine the occupied floor area. Stairs are included in gross floor area [per Section 102.9(a)(2)] and also in occupied floor area. An exception is office buildings with more than one tenant. In these cases, common stairs and halls serving all the tenants are not counted in the occupied floor area. If tenants are different uses per the parking table, it would be difficult to assign such common circulation facilities to a particular use for calculating the parking requirement. Further, it would not be possible for one tenant to occupy them for their exclusive use. Stairs or halls which exclusively connect different floors or sections of a single tenant remain part of the occupied floor area.

Code Section: 102

Subject: "Floor area, occupied," stairways

Effective Date: 10/92

Interpretation:

   The requirement for off-street parking is determined according to the type of land use, counting the occupied floor area for each type of use. Certain features are subtracted from the definition of gross floor area to result in occupied floor area. The definition of "gross floor area" includes interior stairs and the definition of "occupied floor area" does not subtract them. However, since it is the amount of occupied floor area for a particular use type that is counted and since there may be a different use type on one floor than the next, it was necessary to assign the stairs to one floor or another. For calculating occupied floor area, a stairway shall be assigned to the floor below it.