Legal Question in Real Estate Law in New York
I have a question regarding zoning laws. What differentiates between a residence and a storage structure. My town is telling me if a building has no kitchen it is not a residence. Yet, the entire building is constructed as a house w/foundation, bathroom, etc.
1 Answer from Attorneys
These definitions are generally found in the local zoning ordinances. Is the building you are considering the principal structure on the property? For instance, a garage may have living space in it, but might not meet the strict definition of a "residence", which usually has a place for the preperation of food (comonly known as a kitchen). A cabana by a pool may have sleeping facilities and a bathroom, but it does not qualify as a "residence". Garages and cabanas are usually considered permitted auxiliary structures, although neither is required to have a kitchen. Actually a cabana may even have kitchen facilities, but might not consititute a "residence". The ordinances must be examined.