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Code Section: 121(e)
Subject: Minimum lot area, distance from corner
Effective Date: 7/15/86 Zoning Bulletin
Interpretation:
This Section states that a lot ENTIRELY within 125 feet of an intersection may be 1,750 square feet. The bulletin [Appendix 121(e)] states that a portion of a lot may be beyond the 125-foot distance if a 1,750-square foot portion of the lot, 25 feet in width is within the 125-foot distance.
Code Section: 121(e)(1)
Subject: Minimum lot area
Effective Date: 1/89
Interpretation:
A proposed lot which would be deficient in size by 38 square feet out of the required 4,000 square feet (.9 percent) would require a variance. [The determination was not made solely on the basis of the percent of deviation from the standard (see Interpretation 121(d)(2) 1/89) but also on the absolute area involved.]
Code Section: 121(f)
Subject: Conditional use for lot of lesser AREA
Effective Date: 11/87
Interpretation:
This subsection allows the approval of a lot with a width less than that normally required if the lot contains no less than 1,500 square feet and is developed only with a single-family dwelling. The wording of this Section places the width factor foremost with the density and area factors subordinate. Therefore, the Section allows the approval of a lot with less AREA than normally required ONLY in conjunction with approval of a lesser WIDTH.
Code Section: 121(f)
Subject: Lots of substandard size, approval procedure
Effective Date: 5/90
Interpretation:
This Section allows a lot of substandard size to be approved as part of a conditional use to allow its substandard width. Two lots of substandard size were proposed to be split from one lot. One of the proposed lots qualified for approval through the conditional use process but the other did not since its width would not be substandard. Previous policy determinations indicated that the conditional use procedure should be used where available instead of the variance procedure. In the above case where one but not both related lots could be approved with a conditional use, both should be subject to the variance procedure rather than to two separate procedures.
Code Section: 121.2
Subject: NC District use size, change in use
Effective Date: 10/93
Interpretation:
This Section requires a conditional use authorization for uses that would occupy more than a threshold amount of floor area. A conforming use which was over the threshold but which predated the use size limit requirement could change to a different use occupying the same floor area without a conditional use authorization as long as there was no significant increase in the floor area. See Interpretations 186.1(b) "Significant" 12/88 and 10/93 for a determination of what constitutes "significant."
Code Section: 121.2
Subject: Use exceeding use size limit, subdivision of
Effective Date: 3/97
Interpretation:
This Section states that a conditional use authorization is required for a proposed use to exceed a certain size in the Neighborhood Commercial Districts. Where a single use exceeding that limit was proposed to be divided into two uses, one use continuing to exceed the limit and the other being under it, no conditional use is required. However, if a single use exceeding the limit were to be divided into two uses, BOTH OF WHICH CONTINUED TO EXCEED THE LIMIT, a conditional use authorization would be required because the number of noncomplying uses would be increased. Planning Code Subsection 178(c) states that an existing conditional use cannot be significantly altered, enlarged, or intensified without another conditional use authorization. Subsection 178(e) states that a conditional use can change to another conditional use only with a CU authorization but that it can change to a permitted principal use without a CU authorization. A previous interpretation [178 3/86] indicated that the splitting of a conditional use into two conditional uses constituted intensification, however splitting off a use that is not a conditional use does not require a conditional use authorization.
Subject: Exemption of affordable units required per Sec. 415 from base floor area ratio limits
Effective Date: 11/04 (Clerically revised 1/14)
Interpretation:
Section 124(f) permits additional square footage above the base floor area ratio limits in C-3-G and C-3-S districts for construction of dwellings on the site of the building affordable for 20 years to households whose incomes are within 150% of the city's median income. Section 415 requires that a certain percentage of all units constructed on a project site be affordable for fifty years to qualifying households earning 110% of the city's median income for ownership projects, and 55% of the city's median income for rental projects. In C-3-G and C-3-S districts, units required under Sec. 415 technically qualify for the floor area exemption provided under Sec. 124(f), because they meet the minimum affordability requirement of 150% of the city's median income. Thus, affordable units provided to meet the requirements of Sec. 415 are exempted from the base floor area ratio limit in C-3-G and C-3-S districts.
Code Section: 124.1(d)
Subject: FAR and use size limit, Chinatown Mixed Use Districts
Effective Date: 10/93
Interpretation:
This paragraph says that the floor area ratios normally applying to the Chinatown Mixed Use Districts shall not apply to uses which must relocate as a result of acquisition by the City. This exemption shall apply as well to the use size limit imposed by Section 121.4 so that no conditional use authorization would be needed for such use with a floor area normally requiring a CU and such use with a floor area exceeding the amount that would normally be allowed by CU would be allowed as a permitted use pursuant to the conditions of this paragraph.
Code Section: 130
Subject: Yards and setbacks, general
Effective Date: 1/86
Interpretation:
A lot fronts on two streets which intersect at an angle of less than 90 degrees.
The lot also has a property line adjoining another lot; this property line is at 90 degrees to one of the streets. In this case, one of the streets can be chosen as the frontage and the other street and the property line adjoining the next lot are considered to be side property lines. This creates a triangular lot for which one must apply the rules in Section 130(d).
Code Section: 130(c)
Subject: Frontage
Effective Date: 11/85
Interpretation:
This Section allows an owner to choose a frontage when a lot fronts on two or more streets. However, Section 173(b) limits the exercise of this option if the lot is already developed. The owner of a house having vehicular and pedestrian access only from Raycliff Terrace wanted to add to the end of the building that faces Broadway. For rear yard purposes, Section 173(b) would require us to determine that the building fronts on Broadway since the greater yard area faces Raycliff Terrace. However, since Broadway is so much lower than the lot, choosing Broadway as the frontage would put even a portion of the first story of the building over the height limit. Variances cannot be granted for height limits but they can be granted for rear yard purposes. Therefore, since the building is noncomplying whichever frontage is chosen, we decided to choose the frontage which would permit the discrepancy to be rectified with a variance. Therefore, Raycliff Terrace was chosen as the frontage and a variance can be sought to construct an addition to the "rear" of the building facing Broadway. (See 85.664V)
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