Section 172. Yards and courts  


Latest version.
  • 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.