Land survey and zoning analysis
Thanks, Maggie.
jimhillra
in General Discussion 7 years and 6 months ago
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rentrix
in General Discussion 7 years and 6 months ago
I have a couple of questions about a DOB zoning analysis I’m looking at.
The Description of Request mentions, “The actual lot coverage is 57% which is less than 60% permitted, therefore the building floor area is in excess of the permitted floor area and is a lawful non-complying condition.”
-What is a “lawful non-complying condition”?
The Land Survey submitted with the zoning analysis is inaccurate and did not match the actual conditions at the time of survey. The submitted Title Survey erroneously shows a rear yard addition that is 13 feet deep instead of the actual 8 feet depth.
-Is there a way to “challenge” the DOB analysis?
jimhillra | 7 years and 6 months ago
There’s a lot there that does not seem to make sense. Before getting into it, though, I’d like to know what kind of application or action this is which provided the zoning analysis. Is it part of an alteration application? Is it your property or someone else’s?
First, lot coverage vs. floor area. The two are connected but not in the way that statement would imply. It appears that in your zoning district, you can have up to 60% lot coverage. If you’re under that, then you’re in compliance with lot coverage.
The same statement states that the building floor area is in excess of that permitted. In my experience, this has absolutely nothing to do with lot coverage. If the floor area is non-compliant, meaning more than permitted, then it is non-compliant. Period. If you can demonstrate that the conditions were in existence prior to the adoption of the zoning resolution in 1961 (either through previous DOB applications, or Sanborn tax maps, or sometimes even historic maps) then the non-compliant conditions are grandfathered and become lawful non-complying condition s, meaning they’re non-compliant with the current zoning resolution, but are allowed because they were built prior to the zoning. Zoning doesn’t work retroactively, so existing conditions are allowed to remain.
As for the survey, why does the DOB have an inaccurate survey? You should be able to challenge that by getting a current survey. For applications with proposed zoning changes, a survey signed and sealed by an engineer, dated within the last year, is proof of existing conditions. As for how to actually file a challenge, it would be going back to the same person or department that provided the erroneous zoning analysis. You may need to see a plan examiner or stop by the borough commissioner’s office.
rentrix
in General Discussion 7 years and 6 months ago
Thank you so much for the explanation.
Could you clarify what you mean be, “Zoning doesn’t work retroactively, so existing conditions are allowed to remain”.
The survey was dated 2008, but submitted to DOB in 2017. I have an icard from the 1930s that shows conditions different than survey.
jimhillra | 7 years and 6 months ago
Non-retroactive means that if your building is built in compliance with the zoning in effect at that time, but then the zoning changes for some reason, you are not required to change your existing building to meet new zoning requirements. Say, for example, the allowable floor area was reduced in the new zoning, you would not have to lop off part of your existing building to comply.
Surveys are only allowed to be used as proof of current conditions, and only if signed and sealed by the engineer, and dated within one year of submittal to the DOB. Otherwise, the city does not accept them as proof of existing conditions. It could be possible to use an old survey as proof of conditions at a specific time if that survey was accepted by the DOB in connection with a building application that was approved by the DOB. But even that would be proof of conditions at that specific point in time.
The I-card, however, is much more useful. If you’re lucky enough to have an I-card with a drawing of the building on it, then that can be used as proof of the conditions in existence when the I-card was issued.
If the survey and the I-card don’t match, then in the eyes of the DOB the I-card wins.
rentrix
in General Discussion 7 years and 6 months ago
Thanks again. Super informative.
re Non-retroactive.. So property zoned r6b with 2.0 FAR under the newer zoning regulation could still use the prior FAR of 2.43(or 2.2 not sure)?
Can the architect sign and seal the submission instead of the engineer?
Guest User | 7 years and 6 months ago
if your building already occupies 2.43 or 2.2 FAR or whatever above the current zoning of 2.0, yes, but you can’t ADD to the property beyond the current FAR if it’s already over 2.0 or build beyond 2.0 if it’s currently below.
Guest User | 7 years and 6 months ago
if your building already occupies 2.43 or 2.2 FAR or whatever above the current zoning of 2.0, yes, but you can’t ADD to the property beyond the current FAR if it’s already over 2.0 or build beyond 2.0 if it’s currently below.