Housing alterations in M1-1 zones
My wife and I are house hunting in various neighborhoods in brooklyn, and are seriously considering several homes located in M1 zones. From what I can find online, is seems that additions to existing residences are not permitted in M1 zones. I was wondering if anyone has experience doing alterations/renovations to housing in these areas…
My wife and I are house hunting in various neighborhoods in brooklyn, and are seriously considering several homes located in M1 zones. From what I can find online, is seems that additions to existing residences are not permitted in M1 zones. I was wondering if anyone has experience doing alterations/renovations to housing in these areas and what kind of permitted alterations they were able to do. Any recommendations for expediters who have experience with this sort of thing would also be appreciated.
Thanks!
I live in an M1-1 district and was able to convert my ground floor from a store front to an apartment. I know of other people on my block who have even added extensions for residential use. It can definitely be done.
learn from others mistakes http://www.brooklynpaper.com/stories/33/44/cg_brownstonedenied_2010_10_29_bk.html
As an existing non-complying building your limitations and alowances will be based on article 5 of the zoning resolution.
I just had this problem on one of our projects. The only comment was to prove the house was a legal residence. We got it done, but if there was even one years lapse of the building being used and documented of that use as other than a residence DOB would not have allowed its continued use.
There are a few sections to consult, depending upon which zone you’re actually in.
52-41
General Provisions
A #non-conforming use# may be #enlarged# or #extended# within the district in which such #non-conforming use# is located only in accordance with the provisions of this Chapter.
52-45
Non-Conforming Residential Uses in M1 Districts
In an M1 District, a #non-conforming residential use# occupying at least 50 percent of the #floor area# of a #building# which was #designed for residential use# and erected prior to December 15, 1961, may be #extended# on the ground floor level provided that no #residential use# may be located on or below a #story# occupied by a #commercial# or #manufacturing use#. The total number of #rooms# in the #building# may not be increased by more than one for each 200 square feet of #residential floor area# created by such #extension#.
To get much more specific, you need to know the actual zoning district. As mentioned above, M1-1D, M1-2D, M1-3D, M1-4D and M1-5D all allow new residences to be built and existing ones to be enlarged, if they meet certain criteria. You’ll have to look at Sections 52-56 and 42-47, which are way too long to quote here.
JHRALEEDAP
Thanks for all the feedback! Jim, if you don’t mind pointing me the relevant part of the zoning that talks about existing non-compliant uses, that would be wonderful.
To clarify, There are many houses that were built in areas that later became zoned M-1, and have clearly been altered. We are looking at existing houses in East Williamsburg mostly.
I looked into this as well before I purchased where I am now.
There are many areas around Brooklyn where residential homes were built before zoning laws were enacted.
On the surface the law seems to state that it is not possible to enlarge the residential footprint of a property that has always been residential but now lies in a M1 zone.
That said, it seems to be done all the time. I found several properties that were actively doing this when I was thinking of the same.
It is possible, just not quick and easy.
Lots of architects out there will tell you it cannot be done. Don’t listen to them.
I was recently looking into this for a potential client. There is a section of the zoning that states that an existing non-compliant use may be enlarged if it mets certain criteria. In our case, the house could be enlarged on the ground floor only, as long as there was no manufacturing use above it.
Jim Hill, RA, LEED AP
Urban Pioneering Architecture
Residences are not permitted in M1-1 Zones. You are allowed a ‘caretaker’s apartment’ of no more than 1200 square feet that is accessory to the manufacturing/warehouse use. Feel free to contact my office for expediter recommendations.
Best,
Kyle Page, AIA LEED AP
Sundial Studios Architecture & Design, PLLC
(718) 852-6708