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.)

Code Section: 134 (c)(1)

Subject: Rear yard averaging, adjacent building

Effective Date: 12/95

Interpretation:

   The Code requires a base rear yard of 45 percent of the lot depth for some zoning districts but this paragraph authorizes a reduction based upon the depth of "adjacent" buildings. However, a building on the same lot cannot be considered an "adjacent" building (which must be on a different lot).

Code Section: 134 (c)(1)

Subject: Reduction of requirements in RH-2, RH-3, RM-1, and RM-2 Districts RE: 30 foot height measurements where the rear yard is averaged

Effective Date: 05/01

Interpretation:

   Section 134(c)(1) allows the reduction of the rear yard in certain districts based upon the adjacent properties. This Section further provides that "last 10 feet of building depth thus permitted on the subject lot shall be limited to a height of 30 feet, measured as prescribed by Section 260 of this CodeTwo clarifications are necessary:

1.The 30 is measured from the curb, as prescribed in Section 260 and, on a downsloping lot, may result in an actual building height greater than 30 feet above relevant grade for the rear portion of the building.

2.The limit is for the last 10 feet permitted under the Code, not the last 10 feet actually built. If the project does not go to the maximum permitted envelope based upon the averaging in this Section, then less than 10 feet of the actual building will be limited to the 30 foot height.

Code Section: 134 (c)(2)

Subject: Rear yard, alternative averaging method

Effective Date: 3/86

Interpretation:

   When the rear yard is defined along an articulated or slanted line achieved pursuant to this paragraph, a deck or extension of a building allowed by Section 136(c)(25) would be permitted to extend beyond such line directly toward the rear property line only. It would not be permitted to extend more than the 12 feet beyond any part of this line nor to extend laterally.

Code Section: 134 (c)(2)

Subject: Rear yard alternative method of averaging

Effective Date: 5/96

Interpretation:

   In districts where the basic rear yards is 45 percent of the lot depth, the rear yard may be reduced to the average of the rear walls of the two adjacent buildings. This paragraph allows this average to be expressed in an irregular manner. Rather than a straight line, it allows the forward edge of the rear yard to be further back next to a deeper adjacent building and further forward next to a shallower adjacent building. Under the authority granted by Section 311 to review permit applications against Residential Design Guidelines, this method of reduction will only be allowed when the deeper adjacent wall counted is blank and constructed to within four feet of the common property line.