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[接上页] (a) where under paragraph (1) or (2) the permitted percentage site coverage is exceeded in relation to a part of a building, the site coverage for any other part of the building shall not exceed the permitted percentage site coverage; (b) nothing in this regulation shall be taken or construed as derogating from the provisions of regulation 25 as to the amount of open space to be provided about a domestic building.(4) In this regulation, the expression "permitted percentage site coverage" (准许上盖面积百分率) means the maximum site coverage permitted under paragraph (1) or (2), as the case may be, of regulation 20. (G.N.A. 97 of 1962) Cap 123F reg 23 Provisions supplementary to regulations 19, 20, 21 and 22 (1) For the purposes of regulations 20, 21 and 22, the height of a building shall be measured from the mean level of the street or streets on which it fronts or abuts being a street or streets not less than 4.5 m wide, or where the building abuts on streets not less than 4.5 m wide having different levels, from the mean level of the lower or lowest of such streets, to the mean height of the roof over the highest usable floor space in the building. (L.N. 406 of 1987) (2) In determining for the purposes of regulation 20, 21 or 22 the area of the site on which a building is erected- (a) no account shall be taken of any part of any street or service lane; and (b) there shall be included any area dedicated to the public for the purposes of passage.(3) (a) Subject to sub-paragraph (b), for the purposes of regulations 19, 20, 21 and 22, the gross floor area of a building shall be the area contained within the external walls of the building measured at each floor level (including any floor below the level of the ground), together with the area of each balcony in the building, which shall be calculated from the overall dimensions of the balcony (including the thickness of the sides thereof), and the thickness of the external walls of the building. (b) In determining the gross floor area for the purposes of regulations 20, 21 and 22, the Building Authority may disregard any floor space that he is satisfied is constructed or intended to be used solely for parking motor vehicles, loading or unloading of motor vehicles, or for refuse storage chambers, refuse storage and material recovery chambers, material recovery chambers, refuse storage and material recovery rooms, refuse chutes, refuse hopper rooms and other types of facilities provided to facilitate the separation of refuse to the satisfaction of the Building Authority, or for access facilities for telecommunications and broadcasting services, or occupied solely by machinery or equipment for any lift, air-conditioning or heating system or any similar service. (L.N. 406 of 1987; 39 of 2000 s. 7)(4) For the purposes of regulations 19, 20, 21 and 22, the Building Authority may treat as a non-domestic building a composite building in which the only domestic part of the building is a place of residence, not having more than 50 m2 of usable floor space, for a caretaker or other person employed in connection with the building or a service provided therefor or a residence comprising the top storey of the building, or both. (L.N. 294 of 1976) (G.N.A. 97 of 1962; L.N. 54 of 1969) Cap 123F reg 23A Provisions supplementary to regulations 19, 20, 21 and 22 in respect of hotels (1) In this regulation, "hotel" (旅馆) means any premises whose owner, occupier or proprietor holds out that, to the extent of his available accommodation, he will provide sleeping accommodation for any person presenting himself who appears able and willing to pay a reasonable sum for the services and facilities provided and is in a fit state to be received. (2) For the purposes of regulations 19, 20, 21 and 22, the Building Authority may- (a) treat as a non-domestic building a building that he is satisfied is constructed or intended to be used as a hotel ("hotel building"); or (b) treat as a non-domestic part of a composite building the part in the building that he is satisfied is constructed or intended to be used as a hotel ("the hotel part of a building").(3) In determining the gross floor area of a hotel building or the hotel part of a building for the purposes of regulations 20, 21 and 22, the Building Authority may disregard any floor space in that hotel building or the hotel part of that building that he is satisfied is constructed or intended solely for use as- (a) a place for picking up and setting down persons departing from or arriving at the hotel by vehicle; or (b) any of the following- (i) a laundry, a carpentry workshop, a mechanical or electrical workshop; (ii) an area for storing dry goods, food, beverages, linen or furniture; (iii) facilities for the welfare of staff including staff canteen, changing room and rest room for staff; or (iv) other supporting facilities as may be approved by the Building Authority.(4) Without prejudice to section 25 of the Ordinance, where a hotel building has been treated as a non-domestic building or the hotel part of a building has been treated as a non-domestic part of that building under paragraph (2), no person, being the proprietor of the hotel or being the owner or occupier of the hotel building or the hotel part of the building, shall without prior approval of the Building Authority change, or cause to be changed, the use of the hotel building or of the hotel part of the building in whole or in part to a use other than that of a hotel. |