CO129-554-9 Buildings Ordinance 1935 15-4-1935 - 15-4-1935 — Page 49

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Method of determining height of buildings.

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(9) In the event of any building being hereafter erected or re-erected so as to abut upon more than one street although not on a corner site, or in the event of any such building being increased in height, the height of the several parts of such building shall be regulated by the widths of the streets upon which they respectively abut.

88. (1) Whenever it is practicable to do so the overall height of any building hereafter erected or re-erected shall be determined by measuring on the line of the wall abutting [ef. a. 160] upon the street which regulates the height, from the level

of such street, the vertical height allowed by section 87.

Such vertical height shall also be measured from the level of such street on the line of the nearest main wall of the same building opposite to the wall abutting on the street.

From the points thus determined on the two main walls, lines shall, in the case of buildings on land leased from the Crown prior to the 21st February, 1903, be drawn at angles of 68 degrees with the horizontal, and in the case of buildings on land leased from the Crown after the 21st February, 1903, lines shall be drawn at angles of 63 degrees with the horizon- tal, and any part of the building (except any chimney or party wall or any parapet wall not exceeding three feet in height) falling outside such lines shall be deemed illegal and no part of the building (except any chimney or party wall or any parapet wall not exceeding three feet in height) shall, in the case of buildings on land leased from the Crown prior to the 21st February, 1903, extend beyond an overall height measured from the level of the street upon which the building abuts, equal to twice the width of such street and in the case of buildings on land leased from the Crown after the 21st February, 1903, no part of the building shall extend beyond an overall height measured from the level of the street upon which it abuts equal to one and a half times the width of such street.

Provided that :—

(a) In the case of a domestic building, hereafter erected or re-erected on land leased from the Crown after the 21st February, 1903, any part of the building, in the rear of the nearest main wall of the same building opposite to the front main wall, may be erected to a height equal to the width of the street on which such building abuts but no portion whatsoever of such rear part of the building (except any chimney, party wall or parapet not exceeding three feet in height) shall extend beyond the height so determined.

(b) In the case of a domestic building hereafter erected or re-erected on land leased from the Crown prior to the 21st February, 1903, and which has no verandahs or balconies projecting over any street, any part of the building in the rear of the nearest main wall of the same building opposite to the front main wall, which does not extend more than half the width of the main building as measured on the rear main wall, may be erected to a height equal to one and a quarter times the width of the street on which such building abuts. From a point thus determined on the rear main wall of such rear part of the building a line may be drawn at an angle of 68° with the horizontal and no portion of this part of the building whatsoever (except any chimney, party wall or parapet not exceeding three feet in height) shall fall outside such line.

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(c) In no case shall any building hereafter erected or re-erected exceed five storeys in height or an overall height of eighty feet unless with the consent of the Governor in Council.

(2) In the event of the street on which a building abuts not being level throughout the extent of such building, the height shall be measured from the central point of the external face of the wall abutting on such street.

(3) The vertical height allowed by section 87 shall apply only for the width of the building so far as it abuts upon the street by which the height is regulated; and the height of any portion of the building which does not so abut shall be determined by the Building Authority.

(4) In any case which does not fall within the fore-going provisions the height of the buildings shall be determined in such manner as the Building Authority may direct.

(5) The diagrams which follow this section are used as illustrations only of the rules set out in this and the preceding section. They shall not be deemed to control the text.

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