• Welcome to AppraisersForum.com, the premier online  community for the discussion of real estate appraisal. Register a free account to be able to post and unlock additional forums and features.

Zoning M1-1 (Light Manufacturing)

Status
Not open for further replies.

mike7912464

Freshman Member
Joined
May 12, 2008
Professional Status
Certified Residential Appraiser
State
New York
I hope someone out there can help me out with this. I was asked to do an appraisal on a two family in Flushing Queens. I didn't realize until I got back to the office that the zoning was M1-1 (Light Manufacturing). I let the client know and they came back to me and now want me to complete the appraisal. I am assuming highest and best use would be light manufacturing. If so how would I address highest and best use and also can I complete the assignment for the client. I appreciate any feedback.
 
The M-1 zoning in most cities that I have seen do not allow ANY R Zone uses. Maybe if you verify and tell them that along with the fact that it can not be rebuilt if destroyed (again verify), that would stop the process.
 
I hope someone out there can help me out with this. I was asked to do an appraisal on a two family in Flushing Queens. I didn't realize until I got back to the office that the zoning was M1-1 (Light Manufacturing). I let the client know and they came back to me and now want me to complete the appraisal. I am assuming highest and best use would be light manufacturing. If so how would I address highest and best use and also can I complete the assignment for the client. I appreciate any feedback.

There are two H&BU questions you need to address. But before that, as LOT suggests, you need to research the zoning.

First, confirm that the actual zoning is M1-1. Don't use a zoning map or internet-verification; call/visit the jurisdiction and confirm it.
Next, find out if residential use is a permitted, conditional, or grandfathered use.
In some of my markets, there are grandfathered residential-use properties in light-industrial zoned areas. As long as you are confirming the zoning, you might as well confirm if the residential improvement can be rebuilt as-is if destroyed. Also, find out if the residential improvement can be significantly modified (expanded, upgraded, etc., etc.). This is important to know if you are going to value it as a residential-use property.

OK, assuming that the improvements/use (residential) is permissible....

You definitely have two H&BUs to do (I don't care what the form or others say).
The first question you have to determine is what is the H&BU as-vacant. Since (presumably), as vacant, an industrial use would be permitted and not a residential use, you have to determine if the site, vacant, is worth more than the site, improved. If so, then the value of the property is the value of the site, vacant and ready for development as an industrial property (possibly less the demo costs of the existing improvement). This would simplify your problem (but not the lender's). But, you may need a commercial appraiser to co-sign onto that opinion.

Let's assume that the as-improved value (industrial land with a residential improvement that is allowed) is worth more than the site, vacant and ready for development for an industrial use.
So, H&BU as-improved is "as is" as long as the improvements contribute value to the site.
If you do the cost approach, make sure you value the site at its H&BU as-vacant (industrial); chances are you'll have some functional obsolescence that is unique to the subject due to the different H&BUs (as-vacant vs. as-improved).

Finally, you should ensure that your comparables have the same zoning and the same circumstances regarding their status (grandfathered, same ability to rebuild, expand, etc., etc.).

Once you get all of that, the rest is simple. :laugh:

Good luck!
 
I hope someone out there can help me out with this. I was asked to do an appraisal on a two family in Flushing Queens. I didn't realize until I got back to the office that the zoning was M1-1 (Light Manufacturing). I let the client know and they came back to me and now want me to complete the appraisal. I am assuming highest and best use would be light manufacturing. If so how would I address highest and best use and also can I complete the assignment for the client. I appreciate any feedback.

Does the current zoning allow for multi family use? Is the current use grandfather - legal non conforming?

Are there any multi family units in that neighborhood? Any that sold? Did they remain multi family or were they razed and rebuilt with light industrial buildings? Is the neighborhood transitioning to M1-1 or is the neighborhood predominating light industrial use?

What is the definition of the problem (client, intended users, intended use, definition of value and type, relevant characteristics, assignment conditions)?

You need to determine if the HBU is as-if vacant or as-is. That depends on your market analysis, land use regulations, reasonably probable modification of land use to permit the current use, supply and demand, and physical modification of the real estate.

Run the 4 test of HBU: legally permissible uses, physically possible uses, economically feasible uses, and maximally productive uses to the land.
 
I hope someone out there can help me out with this. I was asked to do an appraisal on a two family in Flushing Queens. I didn't realize until I got back to the office that the zoning was M1-1 (Light Manufacturing). I let the client know and they came back to me and now want me to complete the appraisal. I am assuming highest and best use would be light manufacturing. If so how would I address highest and best use and also can I complete the assignment for the client. I appreciate any feedback.

First and foremost, in NY State, if you have a RE Appraiser's License, you are bound by license law, regardless of whether or not the assignment is a FRT. If the HBU of the property is anything other than 1-4 family, the assignment must be performed, or supervised, by a Certified General Appraiser.

The second issue deals with the scope of work, in particular intended use/intended user. If the assignment is to secure financing at residential rates, the lender may not decide to go ahead with the appraisal, or may have to renegotiate with the borrower.

FWIW, industrial zones are one of the common zones that typically do not allow residences. I do know there are various types of M1 zones in NYC that do allow residences under certain circumstances; e.g., SoHo artist lofts, etc.
 
Just because the subject's CURRENT zoning is M1-1, that doesn't mean that the subject isn't legal non-conforming. Depending upon the year of construction, the subject could have been in a residential zone prior to a zoning change or even pre-date the current zoning. The presence of a certificate of occupancy could prove legal non-conforming status, as would as a letter of no objection from the Department of Buildings. An inspection card (I-card) from the Department of Housing Preservation and Development could also be proof of the legality of the current use.

You can check for an I-Card at the link below:

http://www.nyc.gov/html/hpd/html/home/home.shtml

You also may wish to consult the NYC Zoning Handbook for the particulars for M1-1 zoning - as I recall, that zone is typically a buffer zone between manufacturing districts and residential districts, so a prior existing residential use in such an area would not be out of the question.

http://www.tenant.net/Other_Laws/zoning/zontoc.html

If you like, you can PM the address to me and I'll be happy to assist.
 
Thank You!

Thank you to everyone that responded. I greatly appreciate it.
 
New York City's zoning resolution dates to 1961, so if your subject property's improvements are older than that, you are pre-existing. The same could well hold true for many surrounding properties. With potentially substantial numbers of similar pre-existing non-conforming uses present, your assignment may be simpler than it appears at first look.

Dave's warning about potential license-level issues is something to consider.
 
"The 1961 Zoning Resolution separated industrial and residential areas to ensure safety and insulate residential communities from industrial traffic and other irritants, and to shield industry from nuisance-generated complaints.

No new residences were permitted in manufacturing districts, although many existing residences remained as non-conforming uses because of historic land use patterns.

Today, new residential developments and conversions are permitted in selected M1 districts that have a significant number of existing residences. Paired districts, mapped in Mixed Use Districts (MX) and the Special Long Island City Mixed Use District, combine an M1 district with a residential district, allowing a fine-tuned mixture of appropriate uses. Other older industrial areas, like Soho and Noho in Manhattan, have changed significantly as obsolete industrial buildings within M1-5A, M1-5B, M1-5M and M1-6M districts are converted to residential use by special permit. New residences are prohibited in all M2 and M3 districts."

http://www.nyc.gov/html/dcp/html/zone/zh_manudistricts.shtml

* caveat:
also be certain to confirm whether the current LNC Res use can legally transfer on sale - or not. (Do not assume it can).
 
Last edited:
Had the same situation several months back. I took Dave's advice and asked for it to be re assigned as I did not feel comfortable in completing a Highest and Best use analysis for something outside my Certified Residential license.
 
Status
Not open for further replies.
Find a Real Estate Appraiser - Enter Zip Code

Copyright © 2000-, AppraisersForum.com, All Rights Reserved
AppraisersForum.com is proudly hosted by the folks at
AppraiserSites.com
Back
Top