Existing Residential Property in Commercial Zoning, can I build addition?

Question

We are looking at investment properties in Brooklyn, and found one we liked and want to add an additional floor (two stories as of now, would go to three), but the zoning is M1-2, which is commercial. 90% of surrounding properties are multifamily residential as well. After reading through nyc.govs lengthy explanation on M1 zoning laws, I am still trying to figure out if we can do this or not. If anyone has experience with NYC zoning laws, or has an answer please shed some light on our situation. Thanks

-Jon

Jason Taken · Answer

Look into a variance. You'll need to speak to the building department anyway for permits, so start there with respect to the variance.

Jon Pflueger · Answer

@Jared W Smith, Thank you for the insight on the DOB, this is duly noted when further looking into properties going forward.

Best,

Jon

Jared W Smith · Answer

I'm sorry to say @Jon Pflueger, this is not going to fly. Getting a hold of someone that is knowledgeable on your specific questions and can give concrete answers will never happen in the NYC DOB. Much too large of an organization and staff are not the most helpful. Been dealing with NYC DOB, initially as an Expediter, now as a Licensed Architect on behalf of my client's and their projects since 2005. In order to get a response, and validity, they'll want you to actually provide the basic filing and proposal of what you seek to change at the property/building.

Variances are a-whole-nother animal. Costly and time consuming with no guarantee of success. You want to rule out needing a variance unless this is a large property and the change would significantly increase the value of the property and/or rental income. Even then you want to know you're likely to succeed.

Zoning Attorney or Architect are your first steps. The feasibility study happens here before any filings occur with NYC DOB. And most investors don't want to hear this but you have to pay for a feasibility review even though this is just a prospective property. The expertise I have given has saved people hundreds of thousands of dollars. But then there are those that wing it without doing due diligence and find themselves in a tough spot which they did not plan for. As the sayings go- "You get what you pay for" and "You don't know what you don't know." Be advised.

Jon Pflueger · Answer

@Trevor Finn, this does help lots, thank you for your insight.

Best,

Jon

Trevor Finn · Answer

Navigating NYC's zoning regulations can be complex @Jon Pflueger, especially in M1-2 districts, which are primarily designated for light manufacturing and commercial uses. While residential development is generally restricted in these areas, there are specific circumstances under which it may be permitted:

• Special Mixed-Use Districts (MX): In certain M1-2 zones, residential use is allowed when paired with a residential district under the MX designation. For example, an M1-2/R6 pairing permits residential development following R6 zoning regulations. It's essential to verify if your property falls within such a mixed-use district.
• Special Authorizations: In M1-2D districts, residential uses may be permitted by authorization from the City Planning Commission, subject to specific conditions and bulk regulations. However, this is not applicable to standard M1-2 zones.
• Zoning Map Amendments: If the property is not in an MX district, pursuing a zoning map amendment to rezone the area to a district that permits residential use is an option. This process is extensive, requiring community engagement and approval from the City Planning Commission and City Council.

Given the predominance of multifamily residential properties in your area, there may be a precedent for such developments. Consulting with a zoning attorney is advisable to assess the feasibility of your project and guide you through the necessary procedures.

Hope this helps!

Mohammed Rahman · Answer

Hey @Jon Pflueger - your best bet will be to retain an architect, they typically have a good understanding of what's feasible and not in a specific zoning/area + will know how to handle variance permissions and etc.

Jon Pflueger · Answer

Thank you Jason.

Existing Residential Property in Commercial Zoning, can I build addition?

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