1992, 08-14 ICBO InterpretationRE: E. 7518 Bridgeport Avenue
Given:
1. Structure as -built has only 2 occupiable floors - from 2nd
floor level to ceiling/roof of structure is open with the
exception of exposed joist.
2. Access is provided to service decks and window boxes at what
would be 3rd level (open joists) via a pull-down ladder w/door
access to decks.
3. Side yard setbacks for UR -3.5 Zone are 5 foot per story.
Approximately 13 ft existing. 2 story requires 10 ft, 3
story requires 15
Question: Does this structure require 15 foot setback, is it a 3
story structure?
1. Can we define joists as a 3rd level? Zoning code and Uniform
Building Code define a story as follows:
STORY is that portion of a building included between the upper
surface of any floor and the upper surface of the floor next above,
except that the topmost story shall be that portion of a building
included between the upper surface of the topmost floor and the
ceiling or roof above. If the finished floor level directly above
a usable or unused under -floor space is more than 6 feet above
grade as defined herein for more than 50 percent of the total
perimeter or is more than 12 feet above grade as defined herein at
any point, such usable or unused under -floor space shall be
considered as a story.
- Definition of story applies floor to floor to ceiling/roof and
not to structural members.
- Joists in this application do not constitute a floor or a
ceiling nor does this area meet the Uniform Building Code
definition of habitable space.
Sec.409. HABITABLE SPACE (ROOM) is space in a structure for
living, sleeping, eating or cooking. Bathrooms, toilet
compartments, closets, halls, storage or utility space, and similar
areas, are not considered habitable space.
The area within the exterior walls at the "3rd level" would not
constitute a floor level by definition (No structural floor system
exists and not habitable space)
Question: Would the platforms projecting to the rear and over the
existing house constitute a story?
- A platform or deck without a roof cover
definition of a story.
would not meet the
- A platform or deck without a roof cover would not be
considered as part of the floor area by definition.
Floor area is the area included within the surrounding exterior
walls of a building or portion thereof, exclusive of vent shafts
and courts. The floor area of a building, or portion thereof, not
provided with surrounding exterior walls shall be the usable area
under the horizontal projection of the roof or floor above.
- Zoning Code recognizes the need for service
balconies/platforms by exempting on reducing architectural the
setback requirements in the special modifications chapter
- The special modifications Chapter also recognizes
certain architectural appendages or roof structures and
excludes them from height requirements (not necessarily
setbacks)
Given the above the decks/platforms would not constitute a 3rd
story (Recommend removal of doors accessing decks)
Nothing in the Zoning Code or the Uniform Building Code would
preclude the installation of a pull-down ladder to access platforms
for window cleaning, etc.
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