§ 105-61. Height limitations; cellar area.

A. 

The heights of buildings shall be the vertical distance between any horizontal line through any point on the topmost surface of the building, including any parapets and apparatus or roof structures and the like not specifically excepted, and the average curb level in front of the building or the average finished exterior grade, whichever is lower. The average finished exterior grade shall be deemed to be the lowest finished surface elevations within an area circumscribed by a line parallel to and 15 feet from the face of the building at grade, except that the elevations of the bottoms of areaways within 10 feet of the face of the building and of driveways providing access to underbuilding parking not exceeding 25 feet in width shall not be counted. Such heights shall not exceed 30 feet, and no building in the Business C District shall contain more than two stories.

B. 

A "story" is that part of a building between any floor, including the ground floor and the floor above or, in its absence, the ceiling or roof above. A "story" in which persons live, sleep, work or congregate, the ceiling of which is more than three feet above the average curb level in front of the building or the average finished exterior grade, whichever is lower, shall be counted as a "story." A "story" which extends less than three feet above the curb level or average finished exterior grade shall not be counted in determining the number of stories.

[Amended 12-13-1976 by L.L. No. 5-1976]

C. 

Any story, any portion of the finished ceiling of which is either below the average curb level in front of the building or below the average finished exterior grade around the perimeter of the building, shall be designated as cellar area and may be used for utility purposes only, such as the location of motors, heating equipment, cooling equipment and any and all other mechanical devices necessary for the operation of the building for dead storage of merchandise inventory, supplies, files, records and the like, for parking of tenants' automobiles, but may not be used as an area in which persons may live, sleep, work or congregate, nor may such area be used for restaurant, commissary, kitchen, recreation or entertainment purposes.

Amended 12-13-1976 by L.L. No. 6-1976