Buying a Residence in a Manufacturing zon
I keep seeing houses on my current quest that fall in M1 zones. First they were in East Williamsburg – now I am seeing them crop up in South Slope/Gowanus. For example, I am looking at a listing right now that is M1-2D. It has been residential since it was built circa 1910. The block is about 50/50 light manufacturing residential. The legal FAR listed on OASIS is 2.0 and it currently uses only 0.7 ish. Can I build an expansion to increase the FAR a bit? What about modification to the use? If I build additional space, does it have to be Manufacturing space, or can I maintain the existing residential use? Or is this adorable little hovel stuck that way forever because it doesn’t match what it was eventually zoned for? 🙁
AndrewLuke
in Zoning 13 years and 6 months ago
1
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dazednconfused2 | 13 years and 6 months ago
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In general, the answer is that yes, you can enlarge an existing residence within a M1 district, with a whole bunch of caveats and restrictions: **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#. And: 42-47- Residential Uses in M1-D Districts In M1-1D, M1-2D, M1-3D, M1-4D and M1-5D Districts, new #residences# or #enlargements# of existing #residences# may be permitted by authorization of the City Planning Commission provided the #zoning lot# existing on June 20, 1988, meets the criteria of paragraphs (a), (b) or (c) of this Section. (a) On #zoning lots# containing #residential# or #community facility uses#, new #residences# or #enlargements# of existing #residences# may be authorized, provided: (1) the #zoning lot# contains a #building# that has one or more #stories# of lawful #residential# or #community facility uses# and no more than one #story# of #commercial# or #manufacturing uses# therein; (2) the #zoning lot# contains no other #commercial# or #manufacturing uses#; and (3) 25 percent or more of the aggregate length of the #block# fronts on both sides of the #street# facing each other is occupied by #zoning lots# containing #residential# or #community facility uses#. (b) and (c) deal with new residences This one would take a bit of research. You should speak with an architect or a good expediter/code consultant about it. Jim Hill, RA, LEED AP Urban Pioneering Architecture