Legal Question in Real Estate Law in New York
How do I expand my house and adhere to the zoning law
I have a two family house which sits in a row of other same looking residential houses. It has a walk in apartment and a top floor apartment.
I was told by the surveyor that house belongs to a C1-8 zone, which is commercial and allows larger expansion than R4 zoning which are most of the houses to my right on the same block. My house is within 150 feet from the commercial lot.
Question is, what are my rights to build another floor and expand my property upward? Is there a limit on how many floors C1-8 property can have and is walk-in considered a floor? If I can expand what is my next step: are there forms to fill out, plans to submit, etc.?
Finally, would the fact that my house would be the only one on the block with three floors and upset the look of the rest of the block's houses lead to a denial of my expansion plans?
2 Answers from Attorneys
Re: How do I expand my house and adhere to the zoning law
Each town has it's own zoning "codes" so not familiar w C1-8. However, even if house is in a zone where expansion is permitted there are probably other requirements that must be met such as;required frontage, overall sq ft, parking, height restrictions, etc. You prob should take survey to building department and speak w/ building inspector about what is permissible.Yes, you will have to apply for zoning change and submit architect drawings. Building department should give you more info.
Re: How do I expand my house and adhere to the zoning law
Consult an architect and the NYC Buildings Dept. in your Borough.
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