43-17 Special Provisions for Joint Living-Work Quarters for Artists in M1-5A and M1-5B Districts
In the districts indicated, no building containing joint living-work quarters for artists shall be enlarged.
Mezzanines are allowed within individual quarters, in buildings with an existing floor area ratio of 12.0 or less, and only between floors, or between a floor and a roof, existing on January 22, 1998, that are to remain, provided that such mezzanines do not exceed 33 and 1/3 percent of the gross floor area of such individual quarters. Such mezzanines shall not be included as floor area for the purpose of calculating minimum required size of a joint living-work quarters for artists.
In the districts indicated no building containing joint living-work quarters for artists shall be subdivided into quarters of less than 1,200 square feet except where no story contains more than one joint living-work quarters for artists unless modified pursuant to Section 43-171.
However, the minimum size requirement may be replaced by the requirements of Section 15-024 for joint living-work quarters for artists:
(a) for which a determination of residential or joint living-work quarters for artists occupancy on September 1, 1980, has been made pursuant to Sections 42-14, paragraph D.(1)(f), 42-141 paragraph (b) or 74-782; or
(c) that the Loft Board determines were occupied for residential use or as joint living-work quarters for artists on September 1, 1980.
Joint living-work quarters for artists existing on September 1, 1980, may not be divided subsequently into quarters of less than 1,200 square feet, 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.
In the districts indicated, two or more buildings which are separated by individual load-bearing walls and contain joint living-work quarters for artists, each of which building conforms to the regulations set forth in Section 42-14 may be combined to produce a lot area covered by buildings in excess of 3,600 square feet.
On application, the Chairperson of the City Planning Commission may grant minor modifications to the requirements of Section 43-17 relating to joint living-work quarters for artists size, provided that the Chairperson of the City Planning Commission had administratively certified to the Department of Buildings that the division of one or more stories into joint living-work quarters for artists with an area of at least 1,200 square feet cannot be accomplished without practical difficulties because the floor area of such story, exclusive of exterior walls and common areas, is within five percent of a multiple of 1,200 square feet.
The applicant must send a copy of any request for a modification pursuant to this Section to the applicable Community Board at least 20 days prior to the next regularly scheduled Community Board meeting.