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.


Asked on 11/28/12, 11:54 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

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.

Read more
Answered on 11/28/12, 12:30 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York