DOB for Zoning Information
Does the DOB have a phone number where they can assist with zoning questions? Do they answer zoning questions in person? I own a mixed use commercial building, and two of my neighbors have built a 700 sq ft extension. When I spoke with 2 architects, they each said I could only build out 300…
Does the DOB have a phone number where they can assist with zoning questions? Do they answer zoning questions in person?
I own a mixed use commercial building, and two of my neighbors have built a 700 sq ft extension. When I spoke with 2 architects, they each said I could only build out 300 sq ft, because I am required to maintain a 30 foot recess between my property and the houses on the next street. One neighbor has had this extension for 20 years, and the other one since 2003.
I’d like to talk to someone at the DOB in person, since both architects have told me I can’t build this extension.
Mica, you’re having a hard time letting go of your neighbors aren’t you? Based on your location, you are not in the “Subdistrict” and not really affected much by the OP Special Purpose District. Karhu is correct though that residential use is not permitted in your zone so whatever addition you build would have to be for commercial use. You also would have to make sure you don’t touch the egress paths of the residential use so the DOB focuses only on the conforming commercial use. This section of zoning tells you what you can build (20′ x 45′) and it has not changed in the last 3 years:
33-23
Permitted Obstructions in Required Yards or Rear Yard Equivalents
In all #Commercial Districts#, the following obstructions shall be permitted when located within a required #yard# or #rear yard equivalent#:
(b) In any #rear yard# or #rear yard equivalent#:
Any #building# or portion of a #building# used for any permitted #use# other than #residences#, except that any portion of a #building# containing rooms used for living or sleeping purposes (other than a room in a hospital used for the care or treatment of patients) shall not be a permitted obstruction, and provided that the height of such #building# shall not exceed one #story#, excluding #basement#, nor in any event 23 feet above #curb level#;
Give me a call if you want to discuss further (I am an architect): 917.455.7971.
Mica, you are in Special Ocean Parkway District. Within this special district, there are certain area designated as sub-district. For single- and two-family detached and semi-detached residencies in sub-district, the minimum required rear yard is 20 feet. This might be the case for your neighbors. Also for your information, residential is not permitted in C8-2, the new addition can’t not be use for non-conformance use.
You can call DOB engineer of the day in Brooklyn at (718) 802-3670 every day between 2 pm and 4 pm or go down to homeowner’s night every tuesday at 4pm.
210 Joralemon Street room 816 on 8th floor.
Another thing: last time I inquired with architects was in 2008. Perhaps something has changed in the zoning rules that would now allow me to build a 20×35 extension?
Thank you all for the replies.
The zoning of my building is C8-2, OP (Ocean Parkway) district. It’s a mixed use building, with first floor commercial and 2nd and 3rd floors residential. It is on Coney Island Ave.
I am not within 100′ of the nearest corner. The building directly next to mine has the same zoning as me, and has built out his 20×55 building to 90′ (leaving a 10′ recess). He is not within 100′ of a corner. He built his extension in 2004. I have just now checked the DOB website for my neighbor and an application of his to the DOB has status “Audit: Notice to Revoke” from 2008.
Mica, I just looked back at some of your older posts. What zoning district is YOUR building in and is it within 100′ of the nearest corner? Forget about your neighbors, they should have no effect on what you can do.
Define “extension”. There are many different instances where you will not be required to maintain the 30′ rear yard. These are all generalizations but for instance, if you have commercial use on bottom two floors or so, the commercial floors can be built out full, but residential use above needs to maintain the 30′ rear yard. Lots within 100′ of the corner are not required to have the 30′ rear yard but do have to follow lot coverage rules which usually forces the rear yard anyway. What your neighbors do or have done in no way affects what you can do. You should be able to rely on a good architect’s professional advice, probably more than the DOB’s. Whoever you talk to at the DOB will not do any research into your problem whatsoever and talk in generalizations which will most likely be wrong.
It’s unlikely the DOB would be more helpful than a trained architect. Someone well-versed in NYC rules and regs should be able to explain to you what you can build and why. What your neighbors built is irrelevant, since it’s entirely possible their additions are illegal and/or grandfathered and/or commercial. What matters is your zoning and the use of this extension. There are tons of stuff in the city that you couldn’t build today; you can’t use your neighbors as guides.
Zoning Information Desk
For general information about specific properties such as the zoning district and the type of uses allowed.
By Phone:
(212) 720-3291
In Person:
22 Reade St.
Third Floor
New York, NY 10007
Monday – Friday:
9am-12pm, 1pm-4pm