35-32

Open Space Ratio for Residential Portions of Buildings

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In the districts indicated, a zoning lot containing a residential building or the residential portion of a mixed building shall have a minimum open space ratio as required under the provisions of Sections 35-21 through 35-23, relating to Section 35-20 (APPLICABILITY OF RESIDENCE DISTRICT BULK REGULATIONS), except as otherwise provided in this Section.

For the purposes of this Section:

(a)        the floor area counted in determining the open space ratio shall be only that floor area in the residential portion of the building;

(b)        the lot coverage shall be deemed to be that portion of the zoning lot which, when viewed directly from above, would be covered by the residential portion of the building at any level; and

(c)        the applicable height factor, if the maximum permitted residential floor area ratio is less than the total floor area ratio permitted for such building, shall be the height factor of the residential portion of the building.

A non-residential use occupying a portion of a building that was in existence on December 15, 1961, may be changed to a residential use and the regulations on minimum required open space ratio shall not apply to such change of use.

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