Comments on: References

By: destroy

destroy — Sat, 29 Apr 2017 16:57:51 +0000

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By: mixeduseparty

mixeduseparty — Tue, 16 Apr 2013 20:26:56 +0000

Good point about the Certificate of Occupancy issue.

Co-ops are subject to both the zoning code and the historical district rules. Both allow for repairs, but the zoning code forbids reconstruction of destroyed or inactive non-conforming uses. The line between “repaired” and “structurally altered so as to prolong the life of the building” is unclear, but a non-conforming co-op that is destroyed or out of use for a year cannot be rebuilt or re-occupied. This happened when AK Stevens House burned down in 2004. The relevant sections of the city code are Chapter 55 5:86 Use Non-Conformance and Chapter 103 Historical Preservation.

Black Elk, Lester, Debs, and Robert Owen are not in a historical district.

Inside and outside historical districts, new co-ops are forbidden in zones below R2B, and in houses smaller than 5000 square feet, along with the other restrictions listed in the post.

By: Susan Wineberg

Susan Wineberg — Wed, 10 Apr 2013 18:59:05 +0000

Almost all the non-conforming co-ops you mention are in historic districts, particularly the Old Fourth Ward. Many have been altered in the last decade with the co-ops working with the city Historic District Commission. The historic district rules trump zoning rules I believe. Additions and changes are allowed within the city’s ordinance. I think all sides have been very positive about the changes. Some of the co-ops have won awards for outstanding rehabilitation.

Another issue you might investigate: how many landlords operate without current COs (Certificate of Occupancy). In the case of two recent fires, neither of the properties had valid COs. This is disturbing. As a resident of the Old Fourth Ward and an owner of rental property, I feel that not having valid COs endangers occupants and should be checked into.