24-33 - Permitted Obstructions in Required Yards or Rear Yard Equivalents

LAST AMENDED
12/5/2024

In all #Residence Districts#, the obstructions set forth in Section 23-311 (Permitted obstructions in all yards, courts and open
areas), as well as the following obstructions shall be permitted when located within a required #yard# or #rear yard equivalent#:

(a)    In any #yard# or #rear yard equivalent#:

        (1)    Fences;

        (2)    Parking spaces for automobiles or bicycles, off-street, open, #accessory#;

        (3)    #Energy infrastructure equipment# and #accessory# mechanical equipment, subject to the requirements set forth
                in Section 23-312 (Additional permitted obstructions generally permitted in all yards);

        (4)    Steps;

        (5)    Walls, not exceeding eight feet in height and not roofed or part of a #building#.

(b)    In any #rear yard# or #rear yard equivalent#:

        (1)    Balconies, unenclosed, subject to the provisions of Section 24-164;

        (2)    Any #building# or portion of a #building# used for #community facility# #uses#, including #accessory# parking
               spaces for bicycles within such #building#, provided that the height of such #building# shall not exceed one
               #story#, nor in any event 23 feet above #curb level#, and further provided that the area within such #building#
               dedicated to #accessory# parking spaces for bicycles shall not exceed the area permitted to be excluded from
               #floor area#, pursuant to Section 25-85 (Floor Area Exemption). In addition, decks, parapet walls, roof
               thickness, skylights, vegetated roofs and weirs, pursuant to Section 24-51 (Permitted Obstructions), shall be
                  permitted above such an #accessory building#, or portion thereof. However, the following shall not be permitted
                  obstructions:

                   (i)    in all #Residence Districts#, any portion of a #building# containing rooms used for living or sleeping
                            purposes, other than a room in a hospital used for the care or treatment of patients;

                   (ii)   in R1, R2, R3-1, R3A, R3X, R4-1 R4A or R4B Districts, any portion of a #building# used for any
                           #community facility# #use#;

                  (iii)   in all #Residence Districts# not listed in paragraph (b)(2)(ii) of this Section, beyond 100 feet of a #wide
                           street#, any portion of a #building# used for a #community facility# #use# other than a #school#, house
                           of worship, college or university, or hospital and related facilities;

        (3)       Parking spaces, off-street, #accessory# to a #community facility# #use#, provided that the height of an #accessory
                   building#, or portion of a #building# used for such purposes, shall not exceed 15 feet above #curb level#.
                   However, such #accessory building# or portion of a #building# shall not be a permitted obstruction in R1, R2,
                   R3-1, R3A, R3X, R4-1, R4A or R4B Districts.

However, no portion of a #rear yard equivalent# which is also a required #front yard# or required #side yard# may contain any
obstructions not permitted in such #front yard# or #side yard#.