Area Limitation for Incidental Vs Accessory Uses

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Jin Yang

October 27, 2020 20:29

Can someone help to clarify if the 10% floor area limitation for incidental use spaces is the AGGREGATE value (similar to Accessory uses) of all the incidental spaces of the floor area or story in which they're located, or only for each individual incidental space? IBC clearly states that 10% of the floor area is the aggregate value of all the accessory use spaces on a floor per 508.2.3. However, it’s not explicitly stated for incidental uses.

Thank you

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  Kyle Mastalinski October 27, 2020 21:22

  Incidental uses are limited to 10% of the building area of the story where they are located. If a story is split up into two tenants, the 10 percent limitation is based on the floor area of each individual tenant space, rather than the whole story. If a B use of 2,500 SF is adjacent to a M use of 2,500 SF, the B use could have an incidental use of 250 SF. The limitation is found in IBC 509.3.

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  Jin Yang October 27, 2020 22:14

  This is super helpful, thanks so much!

  Jin

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  Jin Yang October 27, 2020 22:37

  Just to make sure I got it all right. Consider a scenario that the entire 5th floor area is occupied by a single tenant which has a laundry room and a mechanical equipment space as incidental uses. If the entire floor area is 4000 SF, then 400 SF (4000x10%) would be the area limit for both the laundry and mechanical spaces. Correct?

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  Kyle Mastalinski October 27, 2020 23:22

  Yes, that is correct. If one tenant occupies the entire floor, the total aggregate SF of incidental spaces would be limited to 10% of the area.

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  Shixiang Zheng January 04, 2024 21:25

  I think you guys are talking about accessory use instead of incidental use, right?

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