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.

Code Section: 134 (c)(3)

Subject: Rear yard averaging, nature of adjacent building

Effective Date: 11/86, 9/88, 4/96, 5/96, 5/03

Interpretation:

   The provisions of Subsection 134(c) allow the required rear yard of the subject lot to be reduced from the basic rear yard depth based upon the location of rear walls of adjacent buildings which walls "qualify" by meeting height and width criteria and by not falling within the envelope of a permitted obstruction defined by Section 136. This paragraph states that, "the location of the rear building wall of an adjacent building shall be taken as the line of greatest depth of any portion of the adjacent building which [meets these qualifications]." [Emphasis added.] The fact that the language stated "portion" of a building rather than "wall" of a building, is taken to mean that, when no wall of the adjacent building qualifies, the rear-most CROSS SECTION of the building that qualifies will count. This paragraph defines "adjacent buildings" but did not cover the circumstances described below where interpretations were required to determine which building is to be considered the adjacent building.

4/96:If there are two buildings on an adjacent lot and both buildings are entirely within the buildable area, the rearmost building within 25 feet (or 44 feet for RH-1(D) Districts) of the subject lot is the one that will count as the adjacent building. If such building contains no qualifying wall, or if none of the buildings on the lot meet this distance requirement, the next closest building to the subject lot that has a qualifying wall will count. If neither building is within 25 feet (or 44 feet in RH-1(D)) the lot is considered vacant.

11/86:On a wide adjacent lot, where there is only one building whose rearmost wall is not one-half the width of its wide lot, but is wide enough to be more than one-half the width of a legal-sized lot that could be subdivided under it, such rearmost wall will be counted anyway provided it meets the remaining criteria.

11/86:If a noncomplying building is in the required rear yard of an adjacent lot, it may be counted if the building has LEGAL residential occupancy and a qualifying wall.

9/88:If such noncomplying building does not meet these two requirements and is the only building on that lot, it will not be counted and the lot will be considered to have a building on it covering the front 75 percent of the lot per Section 134(c)(3) for vacant lots.

11/86:If such noncomplying building does not meet these two requirements and thereis another residential building in the buildable area, the other residential building will count whether or not it has a qualifying wail.

5/96:This paragraph says that an adjacent lot containing no dwelling unit shall be treated the same as a vacant lot. Therefore, in the case of a lot that contains two buildings, one of which contains no dwelling unit, the building containing no dwelling unit will be discounted and the lot will be treated as though it contained only the one residential building.

11/86:One of the criteria for a qualifying wall is that it be two stories or 20 feet in height. In situations where there is only one very small building on an adjacent lot, in the buildable area and no part of this sole adjacent building qualifies, it will be counted anyway except that if it extends further than 75 percent of its lot depth, it nevertheless will not be considered to be longer than 75 percent of its lot depth.

Code Section: 134 (c)(3)

Subject: Rear yard averaging, features considered

Effective Date: 10/88

Interpretation:

   This Paragraph states that permitted obstructions shall not be counted when computing the average depth of an adjacent building. Any feature of an adjacent building that conforms to the envelope described for a permitted obstruction (per Section 136) will not be counted in the averaging even when such feature is not in the required rear yard.

Code Section: 134 (c)(3)

Subject: Rear yard next to vacant lots

Effective Date: 6/90

Interpretation:

   This Paragraph states that when a subject lot abuts a vacant lot, the vacant lot is presumed to contain a building extending to 75 percent of the depth of the subject lot. This provision would be unaffected by the fact that an abutting lot is vacant due to a building being demolished illegally. It was noted that Building Code provisions require exact replacement of an illegally demolished building or prohibition of redevelopment for a period of five years.