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brendansr

05:57PM | 11/23/03
Member Since: 11/22/03
1 lifetime posts
Bvmisc
Hi: My neighbor would like to build an addition that will be 28 feet high when completed.The addition consists of a garage on the first floor ,then a room over,then a high pitched roof 8/12 pitch.I say it will be actually a 3 story building which is not allowed on our deeds in our developement.Is there any source of info which defines a residential story in terms of height?If highest house in the neighborhood is now only 18 feet high.If this neighbor builds the addition then all our views of the valley below will be blocked! thanks Brendan

treebeard

01:58AM | 11/24/03
Member Since: 01/14/03
264 lifetime posts
The definition of what constitutes a 'story' will vary from place to place around the country...even within your own state. If your development has it's own covenants regarding what can and can not be done with the development but does not attend to the definition of a 'story', you should go to your local zoning code(s) and see how those codes define the word. In some communities the term 'story' is defined. In some the term is left undefined and the subject is governed by 'building height'. The definition of 'building height' can also vary, some defining it by simple largest distance between top of structure and adjacent grade and some by average grade, which can become rather complicated and cumbersome.

Usually, the term 'story' has much to do with habitable space, and not attic, or unused space. The definition and regulations for or against stories above a certain number come from the fire department, insurance, and life/safety concerns based on available local fire fighting abilities and equipment. In that case, the 'attic' or uninhabited space above your neighbors second floor space would not constitute a third story. But if the word 'story' is defined in terms of building height, your neighbor may have an issue with it.

Bottom line is, don't depend on a strict definition or yes/no answer to your question here. Look into your local development covenants (if they exist) or your local zoning code for the answer.

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