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February 24, 2007
Business in Brownstone / Zoning redux
Hi - I put up a post a little while back about zoning considerations in regard to possibly opening up a business in my brownstone, but the post scrolled out of sight and out of mind before I got anywhere with any advice.
My house is on a block zoned R5. DOB doesn't have anything specific online regarding my house's zoning status, but it's smack in the middle of the block and I'm assuming the zoning is for residential use only...
There are plenty of people not exactly adhering to zoning laws in my neighborhood - one has a bookstore, one advertises accupuncture, another advertises piano lessons, etc. - so I'm wondering what the implications are of opening a small specialty bookstore / art / design space in my house?
Anyone know what the limitations are?
Anyone know where to research what's allowable in my space?
Comments
SCROLL DOWN AND CLICK ON FEBRUARY 2007 ARCHIVES. YOU'LL FIND ALL YOUR ANSWERS ON YOUR ORIGINAL POST.
Posted by: SF at February 24, 2007 4:39 PM
Seems to me certain kinds of businesses (like piano teacher) are one thing, but anything resembling retail are verrry much another--both in terms of zoning laws and in terms of pissing off your neighbors with signs, parking problems, etc. And a bookstore, art gallery, boutique kind of thing clearly qualifies as the latter. You shouldn't do that.....
Posted by: Bob999 at February 24, 2007 5:38 PM
you should check to see if your neighbors are opperating illegal businesses. accupuncture counts as an alternative medicine (and is therefore likely a community facility use, which is allowed). unless this persons bookstore is a non-profit organization (you would have to file with a lawyer for a 501c3 status) I would say that the bookstore is an illegal use. it's always possible to get a variance from City Planning or the Board of Standards and Appeals. I guess it depends on what the bookstore is for, whether it supplies a "community need" or whether you want to pay a lawyer/zoning attorney to get you through the variance procedure.
Posted by: sf at February 24, 2007 6:50 PM
Sounds quite illegal
Posted by: Anonymous at February 25, 2007 9:43 PM
The rules for "home occupations" are obsolete, and in many case unduly restrictive, in the NYC Zoning resolution. Being a stock broker in your home is specifically prohibited, operating a disco is not. See Section 12-10 of the ZR under home occupation.
But one thing that is clearly prohibited, and would be clearly prohibitive under any possible reform, is the operation of a retail store.
There are also limitations on the size of the space, and signs are limited to one square foot non-illuminated with your name and occupation.
In summary: bookstore, no good. Accupuncture, maybe. Piano lessons, OK. Art / design space, probably OK.
Posted by: WT Economist at February 26, 2007 9:28 AM
Hi. OP here again.
Thanks for the advice. Does anyone out there know where I'd be able to find the regulations governing external signage for a nonprofit arts space in a brownstone?
Also, any tax-saavy people know what the implications would be for my taxes for such an endeavour?
How does this affect the tax deductability of my house? (ie: compared to the depreciation/deductability of a rental apartment)
Thanks.
Posted by: Anonymous at February 26, 2007 9:46 AM
Regardless of the legal regulations of outdoor signage on a brownstone, you should consider what your neighbors think about that. As a die-hard brownstoner and preservationist I would me mad as hell if my neighbor put up commercial signage on my block.
Posted by: anon at February 26, 2007 3:27 PM
Hi. OP here.
I appreciate the input 3:27, but I'm asking about the legality of the situation, not taking a survey. It's common for services to be advertised from Brownstones, so I don't see how it's anti-preservationist.
I'm just thinking about something small & discreet in the window or some such thing. You know, a small sign on the gate or in the window or something.
As I said originally, there are other residents of the neighborhood advertising services from their houses with signage, but I'm interested in adhering to legal requirements (ie: forming the gallery as a nonprofit rather than a for-profit corporation).
Posted by: Anonymous at February 26, 2007 4:13 PM
OP it sounds like you don't really want to hear what anyone says if they disagree with you, so why do you post here at all, just to hear yourself talk?
Posted by: Anonymous at February 26, 2007 8:12 PM
Don't be so hard on the guy/gal.
OP, here is a link to the NYC zoning resolution. You'll have to do some digging, and it's not necessarily very easy to find things, but go for it. You should really hire a zoning attorney or an architect to do some initial research for you, though. Zoning laws are complicated.
http://www.nyc.gov/html/dcp/html/zone/zonetext.shtml
You can download PDF's of each chapter, or the entire text.
Posted by: sf at February 26, 2007 8:43 PM
OP do whatever you want to do, clearly you don't care what anyone here says
Posted by: Anonymous at February 27, 2007 7:20 AM
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