111-40 Requirements for Loft Dwellings Constructed Prior to October 13, 2010
The following is applicable to all existing loft dwellings, created prior to October 13, 2010, within the Special Tribeca Mixed Use District.
(a) All loft dwellings shall have one or more windows which open into a street or a yard with a minimum depth of 30 feet.
(1) The minimum floor area contained within a loft dwelling shall be not less than 2,000 square feet, except that:
(i) where a loft dwelling occupies the entire usable area of a floor, there shall be no minimum floor area;
(ii) where a loft dwelling has a minimum clear width of 14 feet throughout and has windows opening onto both a street and a yard which has a depth of 10 percent of the depth of the loft dwelling, there shall be no minimum floor area;
(iii) where the ratio in a loft dwelling of the window area opening onto a street or a yard of 30 feet minimum depth to the floor area contained within the loft dwelling exceeds five percent, the minimum floor area contained within the loft dwelling may be reduced by 200 square feet for each additional percent, to a ratio of 10 percent; or
(iv) where the ratio in a loft dwelling of the window area opening onto a street or a yard of 30 feet minimum depth to the floor area contained within the loft dwelling equals or exceeds 10 percent, there shall be no minimum floor area.
(2) The minimum loft dwelling size and yard requirement may be replaced by the requirements of Section 15-024 (Special bulk regulations for certain pre-existing dwelling units, joint living-work quarters for artists and loft dwellings) for loft dwellings:
(i) for which a determination of residential occupancy on September 1, 1980 has been made;
(iii) that the Loft Board determines were occupied for residential use on September 1, 1980.
Loft dwellings existing on September 1, 1980, may not be subsequently divided into multiple loft dwellings that do not meet the requirements of paragraphs (a), (b)(1) and (c) of this Section, unless required by the Loft Board for the legalization of Interim Multiple Dwelling units in the implementation of Article 7C of the New York State Multiple Dwelling Law.
No building that meets the density requirements of paragraph (c) of this Section may subsequently add additional units or quarters except in accordance thereof. No building to which the regulations of Section 15-024 have been applied may subsequently add additional units or quarters except in accordance with the requirements of paragraph (c).
(c) The number of loft dwellings shall not exceed one per 1,000 square feet of floor area devoted to loft dwellings, except as a result of the application of paragraph (b)(2) of this Section.
(d) Mezzanines constructed pursuant to Chapter 26 of the Administrative Code shall be allowed within individual loft dwellings, provided that the gross floor area of each mezzanine does not exceed 33 and one-third percent of the floor area contained within such loft dwelling. 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 loft dwelling or for calculating floor area devoted to loft dwellings.
(e) At least 30 percent of the gross roof area of a building containing 15 or more loft dwellings shall be provided for recreational use. For each additional loft dwelling, 100 square feet of additional roof area shall be developed 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 loft dwellings and their guests for whom no fees are charged.
(f) Existing loft dwellings may be extended, enlarged, or subdivided into two or more loft dwellings only in accordance with the provisions of this Section. In addition, floor area added to an existing loft dwelling shall not be subject to the provisions of Section 32-42 (Location Within Buildings).