Code Section: 188 (a)

Subject: Noncomplying building in rear yard

Effective Date: 3/88

Interpretation:

   See Interpretation 172(b)

Code Section: 188 (a)

Subject: Intensification of a nonconforming structure

Effective Date: 3/88

Interpretation:

   This Section says that noncomplying structures may be enlarged, altered, relocated or intensified provided there is no increase in discrepancy. Therefore, a noncomplying garage in the required rear yard can have stalls added to it provided there is no expansion of the structure and there is no parking beyond the amount that is accessory.

Code Section: 188 (a)

Subject: Alteration of noncomplying structure

Effective Date: 3/88

Interpretation:

   Previous policy has been to allow the enclosure of the area under an enclosed portion of a building which extends into the rear yard but is supported on columns. This policy does not extend to allowing the enclosure under an open noncomplying deck in the required rear yard.

Code Section: 188 (a)

Subject: Conversion of noncomplying structure

Effective Date: 1/89

Interpretation:

   This Section states that a noncomplying building may be altered or have a change of use provided that with respect to such structure there is no increase in any discrepancy, or any new discrepancy. One reason for requiring rear yards is to provide an amenity for the residents of a building. Placing residents in a building with a deficient rear yard exacerbates the deficiency with respect to this reason for the rear yard requirement. Therefore, a noncomplying rear yard building could not be converted to residential use without seeking and justifying a variance from the rear yard requirements. However, noncomplying rear yard buildings already having legal residential occupancy, need not seek and justify a rear yard variance to add another dwelling unit provided all. the other Code provisions requisite for a dwelling unit are met.

Code Section: 188 (a)

Subject: Noncomplying structure, addition to

Effective Date: 9/91

Interpretation:

   This Section states that a noncomplying structure may not be altered or enlarged except in accordance with the current standards. (i.e., The portion of such structure in the buildable area could be expanded while that portion in a required open area could not be expanded.) An exception was made to allow the addition of skylights which would protrude less than one foot above a portion of a roof existing in the required rear yard. It was noted that it is not the intent of the Planning Code to eliminate noncomplying structures or features. They are allowed to remain and retain and enhance their utility within current standards. It was also noted that the "bubble" skylight which minimally protrudes is a common weather tight design. Because of its minimal dimension, such. will be allowed.

Code Section: 188 (a)

Subject: Noncomplying buildings for height, expansion

Effective Date: 7/92

Interpretation:

   This Section says that noncomplying structures can be expanded or intensified but not if such expansion creates a new discrepancy or exacerbates an existing discrepancy. Expansions of features over the height limit may be allowed on a case-by-case basis if the added floor area is under an existing roof or balcony overhang and backdropped by existing walls of the subject building and if a field trip verifies that the expansion could not add significant shadow to or block views from surrounding properties. This ruling should not be taken to allow expansions into the rear yards or other required open areas. The Board of Appeals has been more liberal in some cases.

Code Section: 189

Subject: Relocation of noncomplying antenna

Effective Date: /96

Interpretation:

   This Section states that a noncomplying structure may be relocated provided there is no increase in discrepancy in regard to the standards of the Code. Therefore, a legal antenna that does not comply with the Code, may be moved to another location on the same roof. However, such antenna could not be relocated from a portion of a roof in the buildable area of the lot to a portion of the roof that is in a required open area.