Code Section: 134 (a)(1)

Subject: Building below the rear yard

Effective Date: 3/88

Interpretation:

   This Paragraph requires a rear yard be provided either at the second story or above or at the level of the lowest dwelling and above. That portion of a building extending below what would be the required rear yard or setback at higher levels does not have to be developed with a deck on its roof unless such deck is needed to meet the usable open space requirement. Further, features permitted below the upper level rear yard need not be limited to an extension of the building but can be separate buildings and other structures not extending to the level where the rear yard requirement begins.

Code Section: 134 (a)(1)(A)

Subject: NC-1 noncomplying, add residential

Effective Date: 8/91

Interpretation:

   This Section requires a rear yard at ground level and above for the NC-1 District whether or not residential use exists on the lot. In the case where a nonresidential building zoned NC-1 existed in the required rear yard and a dwelling unit was proposed to be added to that building, a variance would be required for an exception from the rear yard requirements. This is consistent with the established practice of requiring a variance to introduce residential use to a noncomplying accessory building in the rear yard of a residential district. This is done on the basis that the introduction of residential use exacerbates the noncomplying situation since one reason for the rear yard requirement is to provide an amenity for the occupants of the noncomplying structure as well as providing open space to the block.

Code Section: 134 (a)(1)(C)

Subject: Rear yard for NC Districts

Effective Date: 1/91

Interpretation:

   This Paragraph states that for certain R, NC and Mixed Use Districts, the required rear setback shall be at the lowest level of residential occupancy and above. Therefore, the roof of that portion of the building below the lowest residential floor (or the roof of another building on the lot) would constitute the surface of the rear "yard." The roof of another building on the lot constituting such "yard" could extend up to but no higher than three feet above the floor level of the lowest residential floor because a deck can be three feet above grade anywhere in the rear yard.

Code Section: 134 (a)(1)(C)

Subject: Rear yard requirements

Effective Date: 6/2001

Interpretation:

   Planning Code Section 134(a)(1)(C) requires that the rear yard shall be provided at the lowest story containing a dwelling unit. If an ancillary room (within the same dwelling unit) is provided at a level below the primary portion of the dwelling unit, the rear yard is required beginning at the primary level of the dwelling unit but not necessarily required at the level of the ancillary room. The primary portion is defined as a fully functional dwelling unit, with kitchen and sleeping rooms. An ancillary room could not function or easily be converted to an independent unit.

   The intent of this proposed interpretation is to encourage ground level pedestrian-oriented design. The alternative would be to not allow occupiable space on the ground floor or to reduce the number of parking spaces, and thus the number of dwelling units, since to require a rear yard at this level would impact the parking. These will be considered on a case by case by the Zoning Administrator to assure that the intent of the Code is met.

Code Section: 134 (a)(1)(C)

Subject: Rear yard requirements

Effective Date: 6/2001

Interpretation:

   Addition of a dwelling above NCU or LCU with no rear yard in an R district

   A long-standing interpretation of Subsection 172(b) (which states that no NCU may be altered in such a way as to increase a code discrepancy or create a new discrepancy) allowed, where an NCU with no rear yard was the sole use on a residentially zoned lot (with a rear yard requirement for all buildings), to be converted to residential use without a rear yard variance. Such a non-residential building without a rear yard is already noncomplying and would not be made noncomplying by adding a dwelling.

   So, if a residence is added above an NCU or LCU with full lot coverage in an RH district, where a rear yard is proposed at the residential level, and the ground floor remains at full coverage with a nonconforming commercial use, there is no increase in the rear yard discrepancy, and thus no rear yard variance is required.

   Please note that in districts where the commercial use does not require a rear yard, but the residential use does (such as NC-3 Districts), a rear yard or variance from such would be required since having a dwelling there with no rear yard creates a discrepancy.

Code Section: 134 (c)

Subject: Rear yard reduction

Effective Date: 3/87

Interpretation:

   There was a proposal to expand the rear of a building in a residential district. There was an accessory building on an adjoining lot, under the same ownership which normally would have to be counted in determining the required rear yard. Since the accessory building was not deep, it would be to the owner's advantage to not consider it in rear yard averaging but rather consider the building beyond it. The accessory building could be ignored and the two adjoining lots could be considered as one lot only if they were merged or if a Notice of Special Restriction were placed on the properties' records, in effect merging them.

Code Section: 134 (c)(1)

Subject: Height limit for rear 10 feet of building envelope

Effective Date: 9/82

Interpretation:

   This Section states that when the basic rear yard is 45 percent of lot depth, it may be reduced to the average of the rear walls of the adjacent buildings but that "last 10 feet of building depth thus permitted [emphasis added] shall be limited to 30 feet in height." It was confirmed that this height limit applies to the maximum building ENVELOPE described by this paragraph, not necessarily to any building within the rear 45 percent of lot depth. Where a residential building is expanded into the 45 percent rear yard area, but not as far as the average of adjacent rear building walls would permit, the 30-foot height limit does not apply for the last 10 feet of the building. The 30-foot height limit applies to the last 10 feet of the envelope allowed by averaging. How much applies to a specific building depends upon how far into the envelope the building projects.