Code Section: 134 (c)(4)(C)

Subject: Location of yard on through lot

Effective Date: 2/88

Interpretation:

   The lot on one side of a through lot contains a building covering its entire lot. The lot on the other side of this through lot is vacant. Such situation is not sufficiently analogous to the situation described by this Section to allow a building to be built at both ends of the subject lot.

Code Section: 134 (c)(4)(C)

Subject: Rear yard required between buildings

Effective Date: 8/90

Interpretation:

   This Section states that where the subject lot is a through lot having street or alley frontage at both ends and where the two adjacent lots are also through lots both having buildings at both ends, the subject lot may likewise have a building at either end with the required rear yard located between them. In the case where the subject lot met the above criteria except that it was a corner lot with only one adjacent lot a through lot with a building at each end, the subject lot could be developed in the manner allowed by this Section.

Code Section: 134 (c)(4)(C)

Subject: Rear yard on through lot

Effective Date: 5/95

Interpretation:

   A through lot (1254/7) fronted on two parallel streets. On one street, its frontage spanned four normal lots. On the other street frontage it had a panhandle that spanned one normal lot. Lots adjoining both sides of both frontages were developed with houses. The lot could be developed with separate buildings on each frontage in the manner described by this subparagraph. An earlier interpretation determined that the provisions of this Section would apply even though adjacent lots are not through lots but rather four (or fewer) independent lots developed as described in this subparagraph.

Code Section: 134 (e)

Subject: Modification of rear yard requirement

Effective Date: 9/91

Interpretation:

   This Paragraph states that the rear yard standards can be modified in NC and Mixed Use Districts. Subparagraph (1) titled, "General" states that a variance procedure (but not the normal variance findings) is required to modify the standards for mid-block lots. Subparagraph (2) states that yards on corner lots may be modified by the Zoning Administrator if certain stated conditions are met. Because Subparagraph (1) was titled, "General," the question arose as to whether the variance procedure required by it applied as well to Subparagraph (2). It was noted that both subparagraphs are on the same level in the outline of Paragraph (e) and neither subparagraph is subordinate to or part of the other subparagraph. The provisions contained in Subparagraph (1) do not apply to the procedures discussed in Subparagraph (2) so no variance procedure (i.e., public hearing, fee or notice) is required to modify a rear yard on a corner lot pursuant to Subparagraph (2).

Code Section: 134 (e)(1) and 134 (f)

Subject: Rear yard waiver by Zoning Administrator

Effective Date: 1993

Interpretation:

   This Paragraph and Subsection states that the rear yard requirements for the Neighborhood Commercial and South of Market Districts may be waived by the Zoning Administrator pursuant to the procedure applicable to variances as set forth in several Code sections. The Code sections cited do not include the section that states the five findings required for normal variances. Rather, the sections cited contain the procedures for variance hearings. The waiver cited in this paragraph, therefore, requires the same application, fee, hearing notice, hearing procedure and appeal procedure as a variance but does not require the same findings as described in Section 305. Rather, the findings that need to be made are described in language subordinate to this paragraph and, for SOMA, in Section 307(g).

Code Section: 134 (f)

Subject: Corner Lots as Through Lots

Effective Date: 03/23

Interpretation:

   This section states the following: “Where a lot is a Corner Lot, or is a through lot having both its front and its rear lot line along Streets, Alleys, or a Street and an Alley, and where an adjoining lot contains a residential or other lawful structure that fronts at the opposite end of the lot, the subject through lot may also have two buildings according to such established pattern, each fronting at one end of the lot, provided that all the other requirements of this Code are met.” While this provision applies to Corner Lots, a typical Corner Lot does not have its rear lot line along a street. Therefore, only a Corner Lot that that has frontage on three separate Streets and/or Alleys may qualify for the provisions of this section (see Block 0145 Lot 037 and Block 4058 Lot 009 as examples).

Code Section: 134 (f)

Subject: North of Market SUD, rear yard

Effective Date: 12/87

Interpretation:

   This Subsection states that the Zoning Administrator can allow an equivalent amount of open space to be substituted for the rear yard requirement in the North of Market Special Use District. The Code does NOT say that this open space needs to meet the criteria for USABLE open space. Therefore, one can apply to substitute a light well for the rear yard requirement under this Section even though the light well wouldn't conform to the minimum dimensions, area and exposure requirements of usable open space, provided the other criteria of this subsection are met.