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.

Code Section: 134 (c)(1)

Subject: Rear yard averaging

Effective Date: 3/88

Interpretation:

   This Section states that the last 10 feet of building depth permitted to extend into the rear 45 percent of the lot depth shall be limited in height to 30 feet. As this rule is located in Article 1 as part of the rear yard requirement, it is a variable provision and is not a height limit which cannot be varied.

Code Section: 134 (c)(1)

Subject: Rear yard averaging

Effective Date: 4/88

Interpretation:

   This Section states that the last 10 feet of building depth permitted to extend into the rear 45 percent of the lot depth shall be limited in height to 30 feet. A bay window could be located in this 10-foot notch only if it provided the 7.5 feet of headroom required for bay windows in required open areas. Such headroom would be measured from the roof of the floor below this rather than from the grade. In a district with a height limit of 40 feet or less, a bay window could not be accommodated in this location unless the portion of the building below were built to a lower height than the 30 feet referenced.

Code Section: 134 (c)(1)

Subject: Rear yard averaging

Effective Date: 4/88

Interpretation:

   It was confirmed that when rear yard averaging is used, it is the location of the rear walls of the adjacent buildings relative to the subject lot that determines the front line of the rear yard on the subject lot rather than applying to the subject lot the average of the distances from the rear walls of the adjacent buildings to their respective rear lot lines. (i.e., It is not the adjacent rear yards that are averaged but the depth of the adjacent building walls that are averaged.) If the front and rear property lines of all lots in question are in line as in most cases, this distinction will not matter but if the lots are of different depths or not aligned, the distinction is important.

Code Section: 134 (c)(1)

Subject: Rear yard averaging

Effective Date: 8/88

Interpretation:

   It was confirmed that the rule stated in 134(c)(1) 4/88 above means that even when the adjacent building exceeds the depth of the subject lot, the location of that building's rear wall relative to the subject lot will still be considered. (Nevertheless, the minimum rear yard for subject lot remains 25 percent of the subject lot's depth.)