Section 24-33 - Permitted Obstructions in Required Yards or Rear Yard Equivalents
In all Residence Districts , the obstructions set forth in Sections 23-311 (Permitted obstructions in all yards, courts and open areas) and 23-341 (Permitted obstructions in required rear yards or rear yard equivalents), 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 .