How to Turn 1948 Duplex Into a Single Family Home
PAS published its first Information Report in 1949. To celebrate this history, each month we're presenting a new report from the archives.
We hope you lot enjoy this calendar month'south fascinating snapshot of a planning outcome of yesteryear.
| AMERICAN SOCIETY OF PLANNING OFFICIALS 1313 Due east 60TH STREET — CHICAGO 37 ILLINOIS | |
| Data Report No. 5 | August, 1949. |
Conversions of Large Single-Family Dwellings to Multiple-Family Dwellings
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In that location have been two major pressures for the conversion of big single-family dwellings into multiple-family use: one, periodic housing shortages; and two, the difficulties of present-day small-scale families in maintaining such structures equally single-family residences. Most cities have some large single-family residences that were built in one time fashionable districts to house the wealthy families of the community. With the advent of the machine, and with the increased congestion of the city, the wealthier families living in these districts often moved to the suburbs, leaving behind them units too expensive for about other families, who could not beget the servants or even the fuel needed to maintain these units. During the past fifty years, the number of families in this country has increased profoundly, only the average family size has decreased; therefore, smaller, as well as more dwelling units have been required.
Rather than keep the vacated large single-family houses empty and allow them to become tax delinquent, the argument has been avant-garde that these houses should be converted to provide two, three or more than apartments, with separate cooking, bathing and other living facilities.
Whether additional units tin can be obtained from such conversion with adequate protection from fire, with adequate lite and ventilation., and rubber and sanitary facilities for cooking-and bathing, is non primarily a zoning decision, merely a affair of health and housing standards and regulations. The question of the event of such conversions upon the surrounding area, however, is 1 that must be answered by zoning and planning. The effect of the increased density of population on existing facilities such as playgrounds, schools, shopping, parking, transit, streets and highways, h2o supply and sewage disposal, must be examined. Such customs facilities may be adequate for the existing population, but increasing and altering the composition of the population may overstrain these facilities. Another major consideration is the retentivity of the appearance and attractiveness of the unmarried-family residence surface area. This is a consideration oftentimes given much weight, but one which past itself usually can not be a basis for zoning.
Should it exist determined that community facilities will exist able to carry the burden of additional population, the method of permitting such conversions must then be decided.
One method is that of specifying exceptions in the zoning ordinance which let the board of appeals to qualify conversion of units if certain specified minimum standards are met.
A second method is to reclassify such single-family districts as multiple-unit residential districts. Low densities might be maintained past regulating the minimum square anxiety of lot and floor area per family, and thus preventing overcrowding.
A third method is that of creating a conversion commune, wherein certain areas inside unmarried-family unit residence districts, peculiarly those virtually suited for additional population, can exist re-classified to permit conversions. If at that place is need for further conversions at a later time, additional areas may be afterward also classified as conversion districts. In such fashion in that location volition not exist a rapid glutting of the municipality with multiple-family residence areas. Also, a small control area will permit errors to be corrected in the subsequent conversion areas, and will permit a gradual transition, if such is desired, from 1 type of expanse to the next, without endangering the facilities or character of single-family residence districts. This type of conversion commune might desirably be an area contiguous to an existing multiplefamily unit residence district.
It has generally been assumed that wholesale reclassification of single-family residence districts to more intensive uses is poor zoning practice. Sufficient single-family unit residence districts may not have been maintained by many existing zoning ordinances, regardless of provisions for conversion. For example, in Worcester, Massachusetts, only 4.4 percentage of the municipal area is zoned for one-family residences. If the method chosen to allow conversions is that of reclassifying all areas in which big unmarried-family dwellings are located, such reclassification might virtually mean the abolition of the single-family residence districts. Besides, the area might not exist suitable for new apartment house construction which might result from reclassification to more than intensive utilize.
During periods of farthermost housing shortage, as during the contempo war and in this postwar period, pressure increases to relax zoning regulations, particularly those regarding conversions. In the final war a special program, The Homes Utilization Programme, was established by the Federal regime to secure conversions of homes in localities where at that place was an influx of war workers. The pressure has not yet subsided. In Madison, Wisconsin, the Urban center Council requested the Housing Authority to behave a survey of possible conversion units. The Housing Authority found in January 1949,that there were only 28 houses, of one,130 examined, that it could recommend equally being suitable for conversion into multiple family units — and of these 28 houses, the majority were suited but for the provision of one boosted unit. On the other mitt, in Chicago, thousands of illegal conversions of home units were reported to have taken place in the postwar catamenia.
Extracts from zoning ordinances providing for conversions past the methods mentioned above are included in this report as examples of the ways in which communities have attempted to see the conversion problem, and non necessarily as the best means of meeting such problems. These extracts pertain only to the provision of additional units and not to permission for keeping roomers or boarders. The post-obit regulations are ranged roughly from the more recent and more than restrictive types to the older and less restrictive types.
Conversion Districts
Montclair, New Jersey, has detailed provisions governing the conversion of dwellings in various districts, and is now seeking to improve certain of these provisions. The Montclair ordinance provisions and proposed amendments are reported fully here because they may indicate a trend in increasing specificity in such regulations, and because a special conversion zone is established.
The zoning ordinance with amendments and supplements to and including July eighteen, 1944, includes these sections:
In all R-1C Zones (Ane-Family Conversion Zones):
''An existing dwelling of a class hereinafter defined, may exist converted into dwelling units for the employ of two or more families subject to the conditions hereinafter stated. The class of dwellings which may be so converted shall be limited to (i) Any dwelling which shall take been erected more than twenty (20) years earlier such proposed conversion, and (ii) Whatever abode although not having been erected more twenty (20) years earlier such conversion, which shall be one the Board of Adjustment, after a hearing, finds to be in such a state of disrepair, obsolescence or dilapidation as to exist, in its existing state, unsafe or injurious to health, rubber, full general welfare or the conservation of the value of property in its neighborhood. The dwellings hereinbefore mentioned may be so converted just discipline to the following conditions, unless the Board of Adjustment, after a hearing, finds that the general purpose and intent of this ordinance., (equally ready forth in subdivision (b) of Department 3,) will be promoted past permitting an exception thereto and authorizes the aforementioned:
"(1) The principal edifice or buildings on a lot on which a domicile is and then converted shall non occupy more than one-quaternary (1/4) of the ground area of such lot.
"(2) A domicile to be converted for the use of three (3) or more than families shall have a lot area of non less than ten g (x,000) foursquare anxiety for the first three (3) family units to be accommodated therein and an additional two thousand (2,000) square anxiety for each additional family unit.
"(3) Any addition to an existing edifice shall come inside the front end, side and rear yard requirements for R-ane Zones. No additions shall be fabricated as a result of which the principal building or buildings shall occupy more one-quaternary (1/4) of the ground area of the lot on which such building or buildings are located.
"(4) Burn escapes and outside stairways leading to a second or college floor shall, where practicable, be located on the rear of the building and shall not be located on whatever building wall facing a street.
"(5) No dwelling shall exist so converted unless in connection therewith it be placed in a reasonable state of repair.
"(6) After the conversion the dwelling shall retain substantially the appearance of a one-family dwelling.
"(seven) Garage or off-street parking facilities shall be provided sufficient to provide storage or parking for a number of vehicles equal to non less than 2-thirds (2/3) the number of family unit home units."
In all R-2 Zones (Two-Family unit Zones):
"An existing 1 or two-family dwelling of a class hereinafter determined may exist converted into dwelling units for the utilize of three or more than families, field of study to the weather hereinafter stated." (The remainder of the paragraph is identical with the residual of the kickoff paragraph applicable to R-1C Zones.)
(ane) (identical with (2) in R-1C Zone)
(2) ''Any addition shall come within the front and rear g requirements for R-2 Zones, and the lot on which any such dwelling is located shall provide 2 (2) side yards, neither of which shall be less than 4 feet (4') broad, and the aggregate width of which shall not be less than fourteen feet (14')."
(3) (identical with (5) in R-1C Zone provisions)
(4) (identical with (4) of R-1C Zone provisions)
(v) "If a dwelling be converted for utilise of iii or more families, garage or off-street parking facilities shall be provided sufficient to provide storage or parking for a number of vehicles equal to not less than two-thirds (2/iii) the number of family unit dwelling units.''
In all R-3 Zones (Garden Group Zones), and applicable also to R-v Zones (Apartment Zones):
"Subject to the provisions of sub-division (e) of this Department, existing one or two-family dwellings may be converted into dwelling house units for two-family or multi-family use only if they conform to the post-obit conditions, unless the Board of Adjustment later a hearing finds that the general purpose and intent of this Ordinance will be promoted by permitting an exception thereto and authorizes the same:''
(1) (identical with (1) in R-1C Zone provisions)
(2) (identical with (iii) in R-1C Zone provisions)
(three) (identical with (4) in R-1C Zone provisions)
(four) (identical with (v) in R-1C Zone provisions)
Sub-sectionalisation (eastward) states: ''No new 2-family or multi-family dwellings shall exist erected in an R-3 Zone, nor any existing building therein altered for or used equally a two-family or multifamily unit abode, unless garage or off-street parking facilities be provided on the lot on which erected sufficient to provide storage or parking for a number of vehicles equal to not less than two-thirds (ii/3) the number of family unit dwelling units on such lot."
In addition, in that location is a provision that the Planning Board, "to encourage the structure of new, and the repair and restoration of existing dwellings every bit hereinafter mentioned, and to promote the harmonious development of the Town," shall review all applications for building permits for the conversion of a edifice for a greater number of abode units in any residence zone where conversion is permitted.
In the March 30, 1949 Study of the Zoning Committee, it was proposed to amend these sections quoted above.
It is proposed that in the regulations governing R-3 Zones, and also applicable for R-v Zones, the material in the first paragraph of R-1C Zone regulations be added, and too regulation (1) of the R-1C Zone.
Also, (two) would be changed to:
"A dwelling may be converted for the use of two families. A abode may be converted for the employ of three families if the amass floor surface area of the iii habitation units is sufficient to provide not less than an average of eight hundred (800) square anxiety for each family. A dwelling may exist converted for the employ of more than three families if, later on a hearing, the Board of Aligning authorizes the aforementioned. It is the purpose of this ordinance to discourage the conversion of existing dwellings, originally designed for occupancy by iii families or less, to occupancy by more than than three families, where such conversion is likely to lead to overcrowding of families, to lack of privacy within whatever family abode unit in the converted abode, to unsafe or unsanitary living weather condition for whatever family unit of measurement in the converted domicile. The Board of Adjustment is therefore authorized in any application to catechumen an existing dwelling in an R-three Zone for occupancy by more than three families, to refuse the same unless (i) the edifice expanse of the dwelling is more 1 thousand two hundred and fifty (1,250) foursquare feet and the surface area of the lot upon which it is erected exceeds fifteen thousand (15,000) square feet within ane hundred and fifty (150) feet of the front end street line, (2) the lot upon which said dwelling is erected is not less than four yard (4,000) square anxiety for each family unit for whose use such dwelling is converted, (3) the floor area of such dwelling is sufficient to provide non less than an boilerplate of eight hundred (800) square feet for each such family."
It is proposed that (3) be identical with (3) of the R-1C Zone regulations.
As well, it is proposed that (four) read:
"All burn down escapes or stairways leading to a second or higher floor shall exist completely enclosed within the converted building. "
And sub-division (due east) would go (thousand) and would read:
''No new ii-family or multi-family dwelling shall be erected in an R-3 Zone, nor any existing building therein altered for or used as a ii-family or multi-family dwelling, unless garage or off-street parking facilities exist provided on the lot on which erected sufficient to provide storage or parking for a number of vehicles equal to not less than three-fourths (3/iv) the number of family home units on such lot. Additional off-street parking to serve flat areas may be provided as a permitted land utilize discipline to approval by the Lath of Adjustment as to location, pattern and reasonable provision as to maintenance."
Multi-Method Regulations of Conversions
In Cleveland, Ohio, as governed by the ordinance of 1943, in "B" districts, the remodeling of houses for more than 2 families simply not more than than six families is permitted, provided:
"ane. The required lot area per family on the country actually to exist used as accompaniment to the house is maintained.
"2. The suites created are not smaller than two rooms and a bath.
"3. There be no exterior show of change in the building to indicate the extra families, except as may exist required by the building lawmaking.
"four. Garage or surfaced and tuckered parking infinite at the charge per unit of at to the lowest degree i car for each family is provided upon the premises.''
The Bedford, Indiana, Zoning Ordinance of 1946 states:
''Unless and except as specifically prohibited in whatever A-4 area district, one single family residence may exist erected on any lot separately owned at the fourth dimension of the passage of this ordinance or on any numbered lot in a recorded sub-partitioning that was on record in the office of the County Recorder at the time of the passage of this ordinance, and whatsoever residential structure existing at the time of this ordinance may be used to accommodate a total of not more four families, if in any remodeling that is done in adapting such structure to such use its floor area is not increased more than 25% outside nowadays exterior building walls and any addition to it does non encroach upon the front, side or rear yard minimum clear spaces provided by this ordinance for similar structures similarly located. Every bit respects the ... conversion of structures which do non come up within the provisions of the preceding sentence the following surface area limitations shall apply:
''(a) In a Grade A-1 district no unmarried family habitation shall be located on a lot having less than half-dozen,000 square feet of lot surface area, nor whatsoever ii family domicile located on whatever lot having less than eight,000 foursquare feet of area, nor any 3 or four family apartment firm located on any lot having less than 10,000 square feet of lot surface area.
"(b) In a Class A-2 district no unmarried family dwelling shall be located on a lot having less than 5,000 foursquare feet of lot area nor any two family unit dwelling located on any lot having less than 7,000 square feet of lot surface area, nor any 3 or four family apartment house located on any lot having less than nine,000 square feet of lot surface area.
''(c) In a Class A-3 commune no single family home shall be located on a lot having less than iv,000 square feet of lot area, nor any ii family abode located on any lot having less than 6,000 square feet of lot area, nor any three or 4 family apartment on any lot having less than 8,000 square feet of lot area."
Amendments to the Building Zone Regulations and Building Zone Map, adopted past the Town Programme Commission of Greenwich, Connecticut, and effective September 30, 1947, specify the dissimilar types of unmarried family residence zones. In the R-6 Zones, the seventh type, in addition to single family dwellings, conversions to two family dwellings are permitted. Also, when authorized by the Board of Zoning Appeals, "the conversion of existing dwellings into dwelling units for not more than four families provided that the requirements of the schedule in Article 3 for R-half dozen Zones are observed" is permitted.
Ii-family conversions, according to the schedule in Article 3, may accept place in buildings with a maximum meridian of 2 one/two stories, or 35 ft., must have a minimum lot size of 7,500 sq. ft., with a lx ft. frontage, must have a maximum edifice expanse of 30 per centum; the minimum front thou must be 25 ft. in depth., the minimum side thousand 5 ft. in width, and the minimum rear yard 25 ft. in depth. Conversions to four families require ii,500 sq. ft. per family for the minimum lot size, and crave that the sum of both side yards be not less than 15 ft. in width.
The following provisions regulating garage and parking infinite would also seem to apply to converted dwellings:
"On lots used in whole or in part for multi-family residence, indoor garages shall exist provided for parking or storage of not less than two motor vehicles for every three dwelling units on the lot, and shall be constructed and located within the principal building, or beneath or on the rear yards or in a split up edifice. In any case the programme shall be bailiwick to the approval of the building inspector and provide for prophylactic and user-friendly exits and entrances and the complete disposal of carbon monoxide fumes. Outdoor parking space shall be provided to adapt at least ane motor vehicle for every three dwelling units on the lot. If in the opinion of the building inspector the status of the lot or the design of the edifice makes the interior garage provisions above specified impracticable, garage accommodations may be provided for one car for every two dwelling house units on the lot and in addition outdoor parking accommodations shall be provided for i auto for every two dwelling units."
The Hartford, Connecticut, 1945 ordinance states that the Board of Appeals may permit the conversion of dwellings in A-iii and B residence zones into dwelling units for non more than than four families, provided that in A-iii residence zones:
''The dwelling shall incorporate at to the lowest degree 1,800 square feet of floor surface area devoted to living and sleeping quarters exclusive of basement-rooms and open cranium space,'' and when converted for the employ of ii families, "it shall be located on a lot having an area of not less than 7,000 square anxiety and an additional 2,000 square anxiety shall exist required for each boosted family unit in excess of two," and "the abode shall occupy not more than 25 percent of the lot."
In B residence zones:
"The dwelling shall comprise at least 1,800 square anxiety of floor area devoted to living and sleeping quarters exclusive of basement rooms and open cranium space," and when converted for the use of three families, "it shall be located on a lot having an area of not less than 7,000 foursquare feet, and not less than 9,000 square feet for iv families."
"The home shall occupy non more than than 30 pct of the lot."
For both A-3 and B residence zones, these regulations also apply:
"Later conversion information technology shall take non less than 2 rooms, exclusive of bathroom and public halls, to each dwelling unit of measurement.
"Stairways leading to the second or any higher floor, unless in the rear of the building, shall be located within the walls of the building. Buildings on a corner lot shall have all such exits within the building walls.
"At that place shall be no major structural modify in the outside of the dwelling other than to provide desirable ways of egress from dwelling units. Dormer windows shall not be considered major structural changes, provided they practise not pierce the roof in excess of 50 percent of the length of the wall parallel to and supporting the roof.
"Garage or off-street parking facilities shall not be provided for storage or habitual parking of more than vehicles than there are dwelling house units on the lot."
The Kansas City, Missouri, zoning ordinance as amended in 1941 seems to let the conversion of single family residences into multiple-family units in all parts of the urban center, if certain requirements are met. In the section on classification of areas, the following are included:
"In a grade A-i district no building shall exist erected or altered to accommodate or make provision for more than one family for each 5 thousand (5,000) square anxiety of the net area of the lot.
"In a class A-2 district no building shall exist erected or altered to adapt or make provision for more than one family for each 3 thousand (3,000) foursquare feet of the net expanse of the lot.
"In a grade A-3 district no edifice shall exist erected or altered to adapt or make provision for more than 1 family for each vi hundred (600) square anxiety of the net surface area of the lot.
"In a class A-4 district no building shall be erected or altered to arrange or make provision for more than 1 family unit for each three hundred and fifty (350) square feet of the internet area of the lot.
"In a class A-5 commune the surface area requirements shall be the aforementioned as in a Form A-4 district, except that for a building over viii stories in height the requirement shall be one family for each two hundred (200) foursquare anxiety of the net area of the lot."
The Madison, New Jersey, ordinance of 1940 contains these provisions:
''With due consideration for preservation of the general graphic symbol of the neighborhood, the Lath of Aligning may qualify the issuance of a permit for amending of a dwelling existing at the time of enactment of this ordinance, in a Residence 'A' District for occupancy of two families, provided that the cubical contents of the building shall not be less than 12,000 cubic anxiety per family unit to be accommodated and provided there shall be no exterior amending of the edifice other than equally may be required for purposes of safety.
"In a Residence 'A' or Residence 'B' District similar permission may be granted for three-family occupancy, provided that the applicant for the permit shall secure the written consent of all owners of property within 200 feet of his lot, or declining such unanimous consent, the objectors shall be given a hearing past the Board of Aligning.
"In no instance shall a modify from a one-family to a two-or iii-family unit apply exist permitted except on lots having an area of not less than 5,000 foursquare feet for a two-family occupancy or of not less than 6,300 square feet if an interior lot or five,700 square feet if a corner lot, for three-family occupancy."
The Common Council of the City of Poughkeepsie, New York, amended the metropolis'south zoning ordinances on May four, 1942 to create "Temporary Single Family Districts," and provided that:
"In a Single Family unit Residence District any building now or formerly used as a single family residence may exist converted to multiple family unit employ provided the lot and structure meet the following specifications:
"a. That the dwelling was congenital previously to Jan 1, 1910.
"b. That the dwelling is sound structurally.
"c. That the lot containing such dwelling has an area of not less than viii,000 sq. ft.
"d. That the lot has a frontage upon a street of not less than 75 ft.
"e. That the structure contains at least 10 rooms, exclusive of toilets or rooms in the basement, previous to remodeling.
"The belongings owner whose lot and structure meet the above specifications may petition the Common Council to have his property placed in a Temporary Single Family unit district permitting multiple family use, provided:
"a. That at to the lowest degree three,000 sq. ft. of lot expanse shall be bachelor for every family unit so housed, provided withal that this requirement shall non reduce the number of allowable apartments below 4.
"b. That no major structural alterations to the exterior of such dwelling shall exist permitted.
"c. That the existing height of such dwelling shall not be increased.
"d. That garage facilities are provided in accordance with the following provisions:
1. Fastened garages may exist erected in whole or in part higher up or below the level of the underside of the cellar ceiling. A garage may also exist constructed wholly within the building. Garages constructed wholly below the level of the underside of the cellar ceiling or wholly within the building need not comply with the provisions of this amending ordinance pertaining to side and rear thou restrictions and the provisions of lot coverage.
All other garages must comply with said provisions as to side and rear g and lot coverage. Such garage space may provide an average of non more than 200 foursquare feet for each car in the ratio of 1 car for each family housed upon said lot.
Whatsoever such garage may be utilized equally an accessory employ only.
2. Discrete garages shall be located non less than threescore feet from the front lot line or if on a corner lot, such garage shall exist placed in the rear inside corner of the lot unless such private garage is contained inside the chief edifice.
3. If garage facilities are not provided, parking space shall be provided on the premises directly accessible to the street, sufficient in size to accommodate at once as many cars as there are family unit units provided for in the construction.
"Provided further that said possessor shall file with his petition a sketch showing in detail the outside and interior of the remodeled structure, together with a description or program of the proposed landscaping improvements, and car parking expanse to be included.
"The Mutual Council, upon receipt of such petition shall refer such petition for change of zoning to the Planning Commission and shall at the aforementioned time, call a public hearing to be held at the next meeting of the Council.
"The Commission shall study to the Mutual Quango at their next meeting and make its recommendation in respect to such petition. This report will make a finding that the modify requested will maintain, or advance the standards of the neighborhood, or that the modify is detrimental to the neighborhood.
"If the action by the Council, after a public hearing, is one of approval, the individual package of belongings is then placed in a Temporary Single Family District.
"This Temporary Single Family Commune volition take all the limitations of a Single Family District except that inside this district the owner may maintain the detail structure for the particular apply he has designated in his sworn petition. To retain this classification, the petitioner must fulfill all the promised improvements and facilities shown on his programme or included in his written statement.
"A document of occupancy shall be issued by the Edifice Inspector upon full compliance of the provisions of this ordinance.''
Conversions Permitted in Areas Bordering Other Uses
In various zoning ordinances there are provisions for multiple-family residences in single-family residence districts on the bordering area between a residence commune and a business concern district. An example of such provision is that of the Cherry Hills, Colorado, ordinance of 1940, which states that the Lath of Adjustment may:
"Allow a 2-family dwelling in a Residence-Agricultural District, or a multiple-family dwelling in a R-3 Residence District on a lot immediately adjacent to a B-ane Business District, only not extending more than 120 feet from the boundary line between the districts."
This excerpt does non specifically mention conversions of unmarried-family dwellings, but it is causeless that the wording would permit a conversion besides as new construction. Sweetwater, Texas, has somewhat similar provisions.
The Cleveland, Ohio, provisions embody the same type of regulation. In Ordinance No. 483-43, constructive in 1943, after specifying density restrictions, information technology is stated that:
''Provision for a second family may be made in a house in an 'A' domicile business firm commune on a lot of sufficient area and at least fifty ft. wide if the lot adjoins on one side a less restricted utilize or area district., unless on that side at that place is a street or a right-of-style.''
Ordinance No. 1271-43, constructive in 1944, further provided:
"Provision for a third family may exist made in a house in a 'B' abode house district on a lot of sufficient lot area per family unit as established in this paragraph and at least 50 ft. wide if the lot adjoins on one side a less restricted employ or area district, unless on that side is a street or correct-of-mode.''
The Wichita, Kansas, revised zoning ordinance of 1946 contains these provisions apparently to permit gradual extension of more intensive uses:
"In any location where two-family dwellings are located in whatsoever district with non more than than ane hundred (100) human foot frontage between the lots which they occupy, two-family dwellings may be constructed between them. If sixty (threescore) percent or more of the frontage on one side of the street betwixt two intersecting streets is occupied by two-family dwellings on the effective date of this ordinance, improveral 2-family dwellings may exist constructed or existing buildings may exist converted to two-family dwellings on both sides of the street in any district.
"In any district where at that place are four-family unit dwellings with not more than one hundred (100) feet frontage betwixt the lots which they occupy, additional dwellings not exceeding 4 families may be synthetic betwixt them. If threescore percent (60%) or more of the frontage on 1 side of the street between ii intersecting streets is occupied past four-family dwellings on the effective date of this ordinance, additional dwellings non exceeding four families may be constructed or existing buildings may be converted to like dwellings on both sides of the street in whatever district.''
Conversions Regulated by Volume or Space Restrictions, Either for Additions or for Existing Edifice
The zoning by-law approved in 1930 for Concord, Massachusetts, includes the following:
"A building existing at the time its lot is placed in a single residence commune may be contradistinct and used for not more ii families provided the book of any additions shall non exceed in all one-fifth of the volume of the existing building and provided further that the Lath of Appeals shall rule that such alteration and utilise are not detrimental or injurious to the neighborhood."
Concord, New Hampshire, also in 1930, specified that no enlargement could be made in book:
"In a unmarried residence district goose egg herein shall prevent whatever dwelling, existing at the time this ordinance is adopted and having a volume to a higher place the first flooring, sectional of porches, exceeding xx-five thousand cubic feet, being altered to provide for and beingness used for ii families, provided it is non enlarged in volume."
This ordinance was amended in 1940 to include the following:
"Conversion of Existing Dwellings - General Residence and Agricultural Districts. Nothing herein shall prevent any dwelling in a general residence or agricultural district existing at the time this ordinance was adopted from beingness altered to provide for and being used for more than ii, simply not more than than four families, provided information technology is not enlarged in volume and meets the requirements every bit to volume and un built-upon thou infinite listed in the following table:
| Conversion To | Minimum Book | Minimum Unbuilt-Upon Yard Infinite |
| Three family Dwelling | 35,000 cu. ft. | five,000 sq. ft. |
| Four family Domicile | 45,000 cu. ft. | 6,000 sq. ft. |
and provided no dwelling unit shall take a volume of less than viii,000 cu. ft."
The Revised Ordinances of 1932 of Hutchinson, Kansas, specify in Chapter 30, Article 3:
"Buildings used as residences in the 'A' District at the time of adoption of this ordinance may be converted into and used equally flat houses, provided, the floor infinite thereof shall not exist increased to exceed 25%, unless said additional space is made to arrange with the requirements of flat houses, and, provided further, that said apartment house is made modernistic and sanitary."
In Newton, Massachusetts, the zoning ordinance every bit amended to 1940 states:
''In Single Residence Districts, the board of aldermen may requite permission, in accordance with the procedure provided for in section 593, to alter and arrange for use as a dwelling and for non more than than two families, a building in beingness and assessed according to the records of the board of assessors of the city of Newton for taxes of April 1, 1925, and of a ground floor area, exclusive of porches, greater than 1200 square anxiety, provided that by such alteration and adaptation neither the expanse nor the capacity of the edifice be increased by more than 15 percent and provided further that the full general appearance of a single residence in that neighborhood exist maintained."
Pacific Grove, California, in an ordinance of 1932 permitted the original structure to be enlarged in conversion if past not more than than ten pct:
"It shall be lawful, in add-on to the uses herein to a higher place immune in residential districts of Classes A-1, A-ii, and A-3, to remodel, repair and maintain limited apartments as in this section defined; namely, apartment houses comprising not more than four apartments of not to exceed five (v) rooms each where the aforementioned are constructed, reconstructed or remodeled of dwellings heretofore erected. Provided, all the same that the reconstruction or remodeling work does not increase the cubic contents of the original structure past more x percent (10%). Provided, further, that a permit first be obtained for such purpose from the Council of said City of Pacific Grove after a public hearing thereupon by the Planning Commission of said City."
The Stoughton, Wisconsin, zoning ordinance of 1946 provides that in single family residence districts:
''Dwellings which after the passage of this ordinance may accept been converted or use for a permit to exist so converted, from a one-family dwelling to a two-family habitation, provided such domicile shall, at the time of passage of this ordinance, incorporate at least 8 (8) rooms, used for living purposes, and not less than one one thousand (thou) square feet of space in same; and besides providing that the exterior dimensions of such domicile shall not, for the purpose of such conversion, be increased by addition or alteration."
Conversions Regulated by Height and Area Restrictions
The Zoning Past-Police for Amherst, Massachusetts, established two residence districts the Limited Residence Commune, and the General Residence District (less restricted than the former). In the Express Residence District, the following is among the permitted uses:
"A edifice contradistinct to adjust not over iii families, provided that such alteration shall make no extension of the house over ane story in height beyond the sometime building lines, except on permit of the Building Inspector."
The Birmingham, Alabama, zoning ordinance (1926) states that the Board of Adjustment may permit:
"....The conversion of a abode existing at the time of the passage of this ordinance in an 'A' Residence District, into a two-family unit or multiple domicile, provided said dwelling house when so converted, shall otherwise comply equally to height, area and other requirements, with the regulations herein provided for an 'A' Residence District and for the Height and Area Commune within which it is located."
The Cohoes, New York, zoning ordinance of 1926 is essentially the same in such provisions, as is the Johnstown, New York, ordinance of 1936, except that the latter besides provides that "the building shall non be structurally enlarged on the front or either side.''
The Chester, Pennsylvania, ordinance of 1927 as revised and re-enacted in 1948 provides:
"The Lath of Appeals may authorize as a special exception the conversion of any edifice in R-1 and R-2 Residence Districts into a dwelling for more than than ane family unit, provided that in R-1 Residence Districts the lot area shall not exist reduced to less than two thousand (2000) square feet per family, and in R-2 Residence Districts the lot areas shall not be reduced to less than 7 hundred and fifty (750) foursquare anxiety per family; and provided further that the yard and building expanse requirements for the commune in which the edifice is located are not reduced thereby. If such exception is authorized, the Board of Appeals may prescribe such farther conditions with respect to the conversion and apply of such buildings equally it deems appropriate."
In the 1924 ordinance of Cranston, Rhode Island, the Board of Review may allow:
''The alteration of a building in a dwelling business firm commune to accommodate more than two families only in no case to exceed one family for each ii,000 square anxiety of the area of the lot."
Longmont, Colorado, in its zoning ordinance of 1940, does not define "large residences" simply provides that:
''In the 'A' commune, large residences which exist at the time of the passage of this ordinance may exist used every bit two-family unit dwellings, provided, however, that the provisions in this ordinance as to lot area per family and the floor area per dwelling are observed."
The Stoneham, Massachusetts, by-police force (1934) contains the provision that one — family unit houses in Residence 'A' Districts may exist converted into ii-family unit houses if "the area of the lot complies with the area restrictions for two family houses."
The Williamsport, Pennsylvania, ordinance equally amended to 1937 authorizes conversions of one- or two-family unit dwellings in "B" Residential Districts into multiple dwellings for housing not more than 4 families if such a "multiple habitation complies with the Height and Area Regulations herein prescribed for the district in which it is located; and provided further that the Lath determines such use volition not materially alter the character of the neighborhood."
Conversions Regulated past Belongings Owners Approval
The Massena, New York, ordinance of 1941 says in part that the Board of Appeals may:
"Let in a Residential 'B' District, the alteration of existing residences to suit not more than than three families providing the building is not enlarged more than than 25% and provided that the petitioner files the consent duly acknowledged by the owners of 80% of the frontage deemed by the Board to be immediately affected by the proposal.''
The Rutherford, New Jersey, ordinance of 1931 includes this provision for Residence No. one Districts:
"Subsequently a public hearing, upon unanimous vote of those members nowadays at a regular meeting of the Lath of Aligning, a i-family firm may exist authorized to be converted into a two-family house, provided there is no outside structural change and provided no more than than two of the property owners inside two hundred feet of the residence proposed to be changed, object to the change."
In Torrance, California, according to the Building Zone Ordinance of 1923:
"The owner of whatsoever property in a Residential Commune of Class I may erect or remodel a building therein then that such edifice may exist used for any of the purposes authorized in Residential Districts of Class II provided the awarding for a building permit therefore is accompanied by the written consents of the owners or authorized agents of more than half of the surface area of belongings situated within three hundred (300) feet exterior of the outside boundaries of the property on which the building is proposed to be erected or remodeled...."
Conversions Regulated by Miscellaneous Provisions
In Peekskill, New York, co-ordinate to the zoning ordinance every bit adopted in 1929 and amended in 1931, the Board of Appeals may:
''Grant a let to remodel a one-family domicile situated in Residence A District, where 50% frontage of the street between intersections is developed as of February 24, 1931, into a two-family abode, afterwards public observe and hearing, and provided the plans and designs of the aforementioned are first approved by the Lath.''
In Spokane, Washington, the zoning ordinance of 1933 provides that in Class I, Residential Districts:
"Large single-family dwellings, existing prior to the passage of this ordinance, may be altered into ii-family unit dwellings by special allow issued by the Plan Committee after public hearing and exam of the location and plans for such alteration, upon due proof to the satisfaction of the Commission that such two-family unit home volition not exist unduly detrimental to adjacent and surrounding belongings nor to the zone in which aforementioned is located, provided that the issuance of such special permit and alteration into a ii-family dwelling shall not establish a non-befitting apply carrying the right to extension every bit elsewhere provided in this ordinance."
In Zion, Illinois, the Board of Appeals as authorized by a zoning ordinance of 1934 may:
"Let the amending of a dwelling of not less than one and one-half stories in height in 'A' or 'B' districts (residence) then as to accommodate not more than two families or a dwelling of not less than ii stories in height in said districts then as to accommodate not more iii families or a dwelling in said districts of non less than two and ane-half stories in height, so equally to conform not more than 4 families where such alteration is non an addition to or a subtraction from the exterior of said dwelling, and to permit the occupancy of such dwelling by not more than than the number of families herein indicated."
Minimum Regulation of Conversions
In Lynn, Revere, Wilbraham, Walpole, Fairhaven, Peabody, and Gloucester, Massachusetts, the zoning regulations (all adopted in the 1920's except Peabody's, which was adopted in 1937) provide that the Board of Appeals may:
"Let the alteration of a one-family firm or building, existing at the fourth dimension this by-law (or ordinance) is adopted and wherever located, to accommodate 2 families."
The Arlington and Lincoln, Massachusetts, zoning by-laws, (1924 and 1936 respectively), contain essentially the same regulations.
Other municipalities in Massachusetts have slightly different provisions, specifying additional requirements to be met. For example, in the Great Barrington by-police force (1932), and the Stockbridge by-law, effective in 1934 and as amended in 1942, the i-family house to be altered must contain not less than ix rooms. The Westwood by-police (1929), permits alterations into a two-family house "where considering of size or other reasons information technology is justifiable." Reading (1927) specifies alteration into a two-family unit firm if there are at least "eight finished and habitable principal rooms," and "providing that the external appearance, if in a unmarried residence district, of a single family house, or, if in a multiple-residence district, of a single family unit or 2-family semi-detached house, be retained so far equally reasonably practicable." In Salem, "the amending, enlargement, reconstruction, and utilise of a single-family house ... equally a residence for not more than than two families" may be undertaken in single family residence districts, "providing that the Board finds that the original building can no longer exist used at a reasonable expense or at a off-white fiscal return for a use permitted in the district." This provision, adopted in 1926, is substantially the same as those adopted by Keene, and Walpole, New Hampshire, in 1935 and 1936, respectively, and North Smithfield, Rhode Isle, in 1926.
In 1928, the Salem ordinance was amended thus:
"Nothing in the Zoning Ordinance of the Metropolis of Salem shall in any commune except the single residential district foreclose the amending and accommodation of existing two and one-half story houses for the utilise of three families provided that a permit for such alterations has been issued on or before December 1, 1928, and that such alterations are completed to the satisfaction of the Building Inspector on or before May 1, 1929, and provided further that any such buildings as altered shall comply with the requirements for such buildings contained in the Edifice Ordinance of the City of Salem, as amended."
Identical provision is besides made for the amending and adaptation of two and ane-half story houses for the occupation of half-dozen families, two upon each floor.
In Bedford, New York, (as per the ordinance adopted in 1929 and amended to August 1, 1935), the Board of Appeals:
"May grant permission to remodel existing structure in Residence 'A' District to be used for not more than two family housekeeping units. Such permission to be granted only on written application of the owner or lessee of premises under consideration, which awarding shall set forth the present rental value and the assessed value of the land and the improvements, separately, and the price of the proposed improvement and the estimated rental value of the premises afterwards completion. Any such let if granted shall be void if such proposed improvement is not undertaken within iii months of the issuance thereof.''
The Zoning By-Police force of the Town of Braintree, Massachusetts, adopted in 1940, specifies that in Residence A and B Districts, if authorized by the Lath of Appeals and if ''it is not injurious, noxious or offensive to the neighborhood,'' alterations otherwise prohibited, are permitted "of a abode, existing at the time this pastlaw is adopted, for more than one family.''
In Charleston, South Carolina, the Board of Adjustment may effect a permit "for the conversion of a dwelling ... located in an 'A' Residence District within Old and Celebrated Charleston District into a two-family or multiple dwelling ... where ... such existing dwelling contains such an corporeality of space available and suitable for residence purposes, that it is unreasonable to require its use equally a unmarried family dwelling." Glens Falls, New York, (1933) has somewhat similar provisions in stating that "there shall exist sufficient space for the purpose." The latter ordinance also adds: "that such conditions shall be imposed as will protect the district, and that there is reasonable cause for the modify."
The zoning ordinance of New Bedford, Massachusetts, as amended in 1933, provides that the Board of Appeals may "let houses, which because of their size have become unsuitable or unsalable for their original purpose due to changes in nowadays day living atmospheric condition, to be occupied past more families than immune in the zoning district in which they are situated, under such conditions and limitations every bit will best preserve the present characteristics of the commune in which they are situated.''
Copyright, American Order of Planning Officials, 1949.
Source: https://www.planning.org/pas/reports/report5.htm
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