15-10 Regulations Governing Residential Conversions Within Existing Buildings in Residence and Commercial Districts, Except C6-2M and C6-4M Districts
For the conversion of non-residential floor area to residences, the applicable density requirements shall be modified in accordance with the provisions of Section 15-111 (Number of permitted dwelling units), and the regulations governing open space ratio, yards, the minimum distance between two or more buildings on a single zoning lot and the minimum distance between windows and walls or lot lines are hereby superseded and replaced by the requirements of Sections 15-112 (Light and air provisions) and 15-12 (Open Space Equivalent).
The maximum number of dwelling units permitted shall be determined in accordance with the applicable district regulations. However, where the total floor area on the zoning lot exceeds the maximum floor area permitted by the applicable district regulations, such excess floor area may be converted in its entirety to residences. Such excess floor area shall be included in the amount of floor area divided by the applicable factor in Section 23-20 (DENSITY REGULATIONS).
For the conversion of non-residential floor area to residences, pursuant to Section 74-71 (Landmark Preservation), in C7, C8 and Manufacturing Districts, the maximum number of dwelling units shall equal the total floor area to be converted to residential use divided by the applicable factor listed in the following table. Fractions equal to or greater than three quarters resulting from this calculation shall be considered to be one dwelling unit.
MAXIMUM NUMBER OF DWELLING UNITS
C7 C8-1 C8-2 M1-1 M1-2 M2-1 M2-3 M3
C8-3 C8-4 M1-4 M1-5 M2-2 M2-4
In addition, the following provisions shall apply:
No floor area shall be converted to rooming units. Dwelling units may be distributed anywhere within a building provided that any portion of a dwelling unit located in a cellar shall also comply with the provisions of Section 15-112 (Light and air provisions).
Mezzanines constructed pursuant to Chapter 26 of the Administrative Code shall be allowed within individual dwelling units provided that the gross area of such mezzanine does not exceed 33 1/3 percent of the floor area contained within such dwelling unit. Such mezzanines are permitted only in buildings with an existing floor area ratio of 12 or less, and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain. Such mezzanines shall not be included as floor area for the purpose of calculating the minimum required size of a dwelling unit or for calculating floor area devoted to dwelling units.
The density provisions of this Section may be replaced by the regulations of Section 15-024 for dwelling units that are registered Interim Multiple Dwellings or are covered by the New York City Loft Board pursuant to Article 7C of the New York State Multiple Dwelling Law or that the Loft Board determines were occupied for residential use on September 1, 1980.
(a) Spaces other than rooms:
(1) Mezzanines shall be lit and ventilated in accordance with the provisions of Section 27-732 (Natural light requirements) and Article 6 (Standard of Natural Ventilation) of the New York City Building Code.
(2) Cellar space is not permitted in dwelling units with three and one-half rooms or fewer, unless such dwelling units contain at least 1,200 square feet of interior floor area.
(3) Spaces, other than "living rooms," kitchens, bathrooms or mezzanines, with a minimum width of five feet in the narrowest dimension measured perpendicular to a wall enclosing such space, are not permitted in dwelling units with two rooms or fewer, unless such dwelling units contain at least 1,200 square feet of interior floor area.
(b) Every dwelling unit shall meet the light and air requirements of Section 277 of the Multiple Dwelling Law.
(c) Width to depth ratio
Where there is more than one dwelling unit per story, the average width of each dwelling unit shall be at least one fourth of the depth. Depth is the farthest point within the dwelling unit from the exterior building wall containing windows used to meet the requirements of paragraph (b) of this Section, measured perpendicular to such building wall. Width is the distance between exterior dwelling unit walls measured perpendicular to the depth.
At least 30 percent of the gross roof area of a building containing 15 dwelling units shall be provided for recreational use. For each additional dwelling unit, 100 square feet of additional roof area shall be provided for recreational use, up to a maximum of 50 percent of the gross roof area. This recreational area shall be accessible to all the occupants of said building and their guests. No fees shall be charged to the occupants or their guests. The provisions of this Section may be modified pursuant to Section 15-30 (MINOR MODIFICATIONS).
(a) In C6 Districts, the home occupation provisions of Section 12-10 (DEFINITIONS - Home occupation) shall apply, except that up to 49 percent of the total floor area of a dwelling unit may be used for a home occupation.
(b) In C5 and C6 Districts, in Manhattan, in the area south of Murray Street and its easterly prolongation and the Brooklyn Bridge, the home occupation provisions of Section 12-10 shall apply, except that up to 49 percent of the total floor area of a dwelling unit may be used for a home occupation.
(1) businesses operated as home occupations may have up to three non-residential employees; and
(2) notwithstanding the listing of specific uses prohibited in the definition of home occupations in Section 12-10, a home occupation may include any permitted commercial use, except beauty parlors, veterinary medicine and those uses listed in Use Group 12.
Such home occupation may occupy more than 500 square feet of floor area and, for the purposes of this Section, mezzanines shall be counted as floor area.