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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.
Code Section: 201
Subject: Classes of use districts, pre- versus post-1978
Effective Date: 3/97
Interpretation:
The Police Code regulates noise based upon the zoning district by listing various zoning districts wherein different regulations apply. The zoning districts have changed since the list was added to the Police Code so some zoning districts listed no longer exist. The Zoning Administrator has created a list that corresponds the old zoning district designations in that code with the current zoning districts of the Planning Code. The City Attorney's Office has indicated that these codes can be enforced using this concordance until they are amended to incorporate the current zoning districts. A copy of the concordance is in the Appendix of this document under Section 201.
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