Residential use in M1-1 Zoning

[sandpiperapp]

Home located in Brooklyn, M1-1 Light manufacturing, high performance zoning. If I am reading the zoning regulations correct, it can be repaired if damaged. However, if it is destroyed or must be demolished, the new structure MUST be conforming. Meaning no residential rebuild.

Am I reading this correctly or has my brain turned to mush.

Ok the mush part is pretty much a given, but am I mistaken??

 

[Mike Kennedy]

these MIGHT help (or not)

1. Help: M1-1 Zonning !- Urgent - Help Needed - Appraisers Forum
   
   
   appraisersforum.com/showthread.php?t=173634 CachedBut subject is located in the M1-1 (light manufacturing) zone. Is this a legal-non conforming use? ... I got an order to appraise a multi-family house in Brooklyn, NY.
2. Zoning M1-1 District- New York - Appraisers Forum
   
   
   appraisersforum.com/showthread.php?t=193015 CachedI have a residential home located in a M1-1 district which is light manufacturing. ... It is common in neighborhoods in Queens and Brooklyn (Maspeth, Williamsburg etc

NYC http://www.nyc.gov/html/dcp/html/zone/zh_m1.shtml

"Other than M1 districts paired with residence districts in Special Mixed Use Districts, M1-5M and M1-6M districts (by special permit) and M1-D districts (by authorization or certification) are the only manufacturing districts in which residences are permitted. However, in M1-6D districts, residential use may be allowed as-of-right on zoning lots under certain conditions."

[FONT=verdana, arial, helvetica]"Disclaimer[/FONT]
The Zoning Reference provides only general zoning information and is not meant to serve as a substitute for the actual regulations which are to be found in the Zoning Resolution. "

 

[The Warrior Monk]

As I noted in the cited threads, be careful with this type of assignment. When performing such assignments, I recommend working under the supervision of a CG. There are often issues associated with determining the HBU for such properties that are not readily known to residential appraisers (parking, health department issues, etc.). I personally know appraisers that have received disciplinary action from NY state regarding this particular matter.

 

[sandpiperapp]

Considering the cost of demolition and construction of a new light manufacturing building, on a lot of about 2200 sf, continued present use as residential seems to be the HBU.

I went through the zoning regs and got two conflicting statements about rebuilding.

Section 52-531: if 50% or less, can be repaired, 50% or more destroyed, rebuild to conforming use.

Section 54-41: if non conforming use is residential, it can be rebuilt residential as long as it does not create a new non compliance or increase the degree of non conformity.

 

[Lee Lansford]

I'm not certain as to the reason behind your asking of the question. However, if you are appraising for Market Value and you are attempting to gauge the market's reaction to the subject's status, look to other sales of SFRs with this zoning and start from there.

 

[The Warrior Monk]

I went through the zoning regs and got two conflicting statements about rebuilding.

Section 52-531: if 50% or less, can be repaired, 50% or more destroyed, rebuild to conforming use.

Section 54-41: if non conforming use is residential, it can be rebuilt residential as long as it does not create a new non compliance or increase the degree of non conformity.

I don't necessarily see these statements as nonconforming, but I'd rather not explain why because my interpretation could be wrong in the context of the rest of the code, which I'm not familiar with. When there is any doubt, call the planning (or equivalent) department, and speak to someone that actually knows what they are talking about.

FWIW, interim use properties are among the most difficult properties to appraise.

 

[sandpiperapp]

I'm not certain as to the reason behind your asking of the question. However, if you are appraising for Market Value and you are attempting to gauge the market's reaction to the subject's status, look to other sales of SFRs with this zoning and start from there.

Market value was not my concern. Trying to determine if the property could be rebuilt if destroyed is a common question for non conforming properties.

As it ends up, my research for the answer to the rebuilding question was contradictory at best.

Regarding HBU, I could only guess, and with very little confidence in that guess. That makes me uncomfortable.

 

[Lee Lansford]

Market value was not my concern. Trying to determine if the property could be rebuilt if destroyed is a common question for non conforming properties.

As it ends up, my research for the answer to the rebuilding question was contradictory at best.

Regarding HBU, I could only guess, and with very little confidence in that guess. That makes me uncomfortable.

If you have measured the market's reaction to the subject's zoning status via inclusion of sold comparisons having the same (or, near-identical) zoning status as the subject--you have done your job (i.e., support for a credible opinion of MV). This, or, analysis of other sales (but, not reasonable as 'comps' for the subject) with and without the zoning "cloud", you will have done what you were hired to (opinion of MV).

Again, assuming that the market's reaction to the subject's zoning status is measured, whether or not the improvements can be re-built is no longer a valuation problem. It may be a point of interest to a lender, but, it is not a valuation problem.

 

[Mike Kennedy]

Market value was not my concern. Trying to determine if the property could be rebuilt if destroyed is a common question for non conforming properties.

As it ends up, my research for the answer to the rebuilding question was contradictory at best.

Regarding HBU, I could only guess, and with very little confidence in that guess. That makes me uncomfortable.

Might also wish to dig a bit deeper and confirm whether the existing non-conforming use CAN transfer on sale to a new owner - or not.

 

[CANative]

Market value was not my concern. Trying to determine if the property could be rebuilt if destroyed is a common question for non conforming properties.

Market value is your concern and figuring out market reaction to this is what your after. The "rebuilt if destroyed" is your clients problem and it's not your job as you lack the expertise and especially the authority to make this determination.

Refer your client to planning and building to get their answer.