Legislation
SECTION 172
Yards and courts
Multiple Dwelling (MDW) CHAPTER 61-A, ARTICLE 6, TITLE 1
§ 172. Yards and courts. 1. Except as provided in subdivision two,
there shall be a yard thirteen feet or more in depth across the entire
lot in the rear of every converted dwelling, or an outer court three
feet or more in width which alone or with any open space at the rear of
the dwelling equals the required area of such a yard.
2. On a corner lot there shall be a yard ten feet or more in depth
across the entire lot. Such yard shall be thirteen feet or more in depth
for any part of the yard which is more than sixty feet from any side
street bounding such lot. The provisions of this subdivision need not
apply to a dwelling situated on a corner lot if (a) the required windows
of all living rooms in such a dwelling open directly upon a street (b)
the height and bulk of the dwelling are not increased and (c) the bulk
of the dwelling above the first story is not increased.
3. The bottom of a yard may be as high as but not above the second
tier of beams, provided the first story is used exclusively for business
purposes and there is no living room in or below the first story; and
provided also that whenever any means of egress from the upper stories
opens into such yard, a portion of the yard ten feet or more in depth
and open from the ground up shall be maintained at the rear of any
extension of the dwelling.
4. In the rear of every converted dwelling on a corner lot an
extension of the dwelling over the yard may be built up to the second
tier of beams, provided such extension does not obstruct any required
means of egress from the upper stories.
5. Except as provided in subdivisions three and four, the required
yard or court and unoccupied space shall be open and unobstructed from
the ground up.
6. The restrictions of this section and those of subdivisions one and
two of section one hundred seventy-one in regard to bulk and volume
shall not apply to extensions erected before April thirteenth, nineteen
hundred forty, in conformity with the provision of a local zoning
resolution which restricted bulk and volume.
7. Nothing in this section shall be deemed to permit extensions in the
yards or courts of any converted dwelling, or to permit business or
commercial uses therein, which may be contrary to any local zoning law,
ordinance or regulation.
there shall be a yard thirteen feet or more in depth across the entire
lot in the rear of every converted dwelling, or an outer court three
feet or more in width which alone or with any open space at the rear of
the dwelling equals the required area of such a yard.
2. On a corner lot there shall be a yard ten feet or more in depth
across the entire lot. Such yard shall be thirteen feet or more in depth
for any part of the yard which is more than sixty feet from any side
street bounding such lot. The provisions of this subdivision need not
apply to a dwelling situated on a corner lot if (a) the required windows
of all living rooms in such a dwelling open directly upon a street (b)
the height and bulk of the dwelling are not increased and (c) the bulk
of the dwelling above the first story is not increased.
3. The bottom of a yard may be as high as but not above the second
tier of beams, provided the first story is used exclusively for business
purposes and there is no living room in or below the first story; and
provided also that whenever any means of egress from the upper stories
opens into such yard, a portion of the yard ten feet or more in depth
and open from the ground up shall be maintained at the rear of any
extension of the dwelling.
4. In the rear of every converted dwelling on a corner lot an
extension of the dwelling over the yard may be built up to the second
tier of beams, provided such extension does not obstruct any required
means of egress from the upper stories.
5. Except as provided in subdivisions three and four, the required
yard or court and unoccupied space shall be open and unobstructed from
the ground up.
6. The restrictions of this section and those of subdivisions one and
two of section one hundred seventy-one in regard to bulk and volume
shall not apply to extensions erected before April thirteenth, nineteen
hundred forty, in conformity with the provision of a local zoning
resolution which restricted bulk and volume.
7. Nothing in this section shall be deemed to permit extensions in the
yards or courts of any converted dwelling, or to permit business or
commercial uses therein, which may be contrary to any local zoning law,
ordinance or regulation.