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Code Section: 136(c)(25)
Subject: Permitted obstructions
Effective Date: 10/88
Interpretation:
See Interpretation 134(c)(3)
Code Section: 136(c)(25)
Subject: [Alteration] of noncomplying building
Effective Date: 1/86
Interpretation:
See Interpretation 188 Alteration
Code Section: 136(c)(25)
Subject: Permitted obstructions
Effective Date: 4/87
Interpretation:
This Paragraph allows a portion of a building with limited dimensions to extend 12 feet into the required rear yard. The features included in Subsection 136(c) with the maximum dimensions stated represent envelopes. Any other architecture feature or portion of the building fitting into these envelopes are permitted. Therefore, a stairway would be allowed to extend above the ground floor if it fit totally within the envelope of the type of deck or extension permitted by this paragraph.
Code Section: 136(c)(25)
Subject: Permitted obstructions, 12-foot extension
Effective Date: 8/89
Interpretation:
This Section allows a 12-foot extension into the rear yard. It was confirmed that when a five-foot side yard is required for this feature, such side yard needs to be open from the ground up and the other obstructions allowed by Section 136 would not be permitted within such side yard. Therefore, any pre-existing obstruction into such side yard would have to be removed before the extension could be built.
Code Section: 136(c)(25)(B)(ii)
Subject: Side yard for 12-foot extension
Effective Date: 12/90
Interpretation:
This Section states that a 12-foot extension can be built into the rear yard up to two stories if the extension has a five-foot side yard. It has previously been determined that such yard needs to be free from any other obstruction and any existing obstruction would have to be removed in order to allow this feature. An exception is that a deck no higher than three feet above grade may be built in this required side yard. Since a three-foot-high deck could be built anywhere else in the required open area, there is no need to prohibit it here.
Code Section: 136(c)(25)(B)(ii)
Subject: Rear yard extension—Number of stories
Effective Date: 05/01
Interpretation:
This Section allows an extension into the rear yard and provides that it can be no higher than “the floor of the second floor of occupancy, excluding the ground floor, at the rear of the building . . .” This raises two questions:
1. How is the ground story is determined on a sloping lot?
2. What is considered a floor of occupancy?
1. The intent of this Section is to allow a slightly greater height than allowed under Section 136(c)(25)(B)(i) [10 feet above grade, full width of the lot] in return for setting back 5 feet from each side property line. In certain occasions, the ground story has been determined at the front of the building. Ground Story is defined in Planning Code Section 102.24 as “The lowest story of a building, other than a basement or cellar as defined in the Building Code.” However, in the case of a steeply downsloping lot, this could result in a rear yard extension of three or even four stories above the existing grade measured at the rear. In the case of an upsloping lot, there might not be any feasible rear yard extension under this Section. Therefore, the measurement shall be above grade at the rear of the building in order to implement the purpose of the Code.
2. There could be a situation where there is a space that has adequate depth and clearance and easily be made occupiable, but is not finished. If there is adequate ceiling clearance to provide an occupiable floor for a depth of 10 feet from the rear building wall such that a usable room can be created, that space shall be considered an occupiable floor even if it is not built out as an occupiable floor.
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