N.Y. Multiple Dwelling Law § 56: Frame buildings and extensions

§ 56. Frame buildings and extensions. 1. Except as provided in section

one hundred ninety-three and subdivision seven of this section, no frame

multiple dwelling shall be erected and no frame dwelling not used as a

multiple dwelling on April eighteenth, nineteen hundred twenty-nine,

shall be altered or converted to such use or occupancy.

2. No existing frame multiple dwelling shall be increased in height

nor shall it be altered to permit a greater occupancy on any story than

provided for on April eighteenth, nineteen hundred twenty-nine; except

that, if the walls of such a frame dwelling are faced with brick veneer

or with another material or combination of materials having a fire

resistive rating of at least one hour, and the entrance story thereof is

occupied by not more than one family, such entrance story may be altered

so that it may be occupied by not more than two families.

3. No frame building of any kind whatsoever shall be placed or built

upon the same lot with any multiple dwelling.

4. No multiple dwelling shall be placed or built upon the same lot

with any frame building.

5. No frame multiple dwelling, no wooden structure of any kind or

class on the same lot with any frame dwelling or with any multiple

dwelling, and no other building on the same lot with any frame dwelling,

shall be altered or converted so as to be enlarged, extended or

increased in height or bulk or in the number of rooms, apartments or

dwelling units therein; except that:

a. An extension seventy square feet or less in ground area the side

walls of which are of frame and brick filled or of masonry construction

may be added to any existing frame multiple dwelling if used solely for

bathrooms or waterclosets; and

b. An extension constructed with fireproof walls may be made to a

frame building if the first story of such extension is used solely for

business not prohibited by any local law or ordinance, or if such

extension contains not more than one living room on any story. No yard

or court shall be diminished by such extension so that its area or least

dimension is less than required by this chapter for a yard or court of a

multiple dwelling erected after April eighteenth, nineteen hundred

twenty-nine.

6. None of the provisions of this section shall apply to dwellings

erected under the provisions of article five-a of this chapter.

7. In any city the department may approve for any such dwelling three

stories or less in height, the alteration and conversion of that portion

of said dwelling used as a store or other non-residential use to no more

than one additional dwelling unit; provided, however, that: (a) such

space has been vacant for at least one year, and (b) such space has a

minimum of three hundred square feet of floor area, and (c) the

conversion must be for a class "A" use, and (d) said unit shall contain

a cooking space and a complete bathroom, and (e) all walls and ceilings

of the new dwelling unit shall be fire-retarded with one hour rated

fire-retarding materials, and (f) the height and bulk of the dwelling

shall not be increased, and (g) the dwelling will be in full compliance

with this chapter and other related and local ordinances, except that

the owner of said dwelling shall be entitled to consideration for

variances permitted in subdivision one and subparagraph five of

paragraph a of subdivision two of section three hundred ten of this

chapter for multiple dwellings and buildings existing prior to November

first, nineteen hundred forty-nine.