Editor's note: Pursuant to L.L. 2017/109, this chapter expires and is repealed on June 2, 2019. For related unconsolidated provisions, see Appendix A at L.L. 2017/109.
As used in this chapter:
Accessory hotel space. The term "accessory hotel space" means any space within a hotel other than primary hotel space. Accessory hotel space includes, but is not limited to, retail space, lobby areas, reception areas, administrative offices, storage areas, laundries, food and beverage facilities and banquet and conference facilities.
Board. The term "board" means the board of standards and appeals.
Covered hotel conversion. The term "covered hotel conversion" means a conversion of any amount of primary hotel space, or covered timeshare space, on a covered lot to space used for purposes other than primary hotel space, or covered timeshare space, where applications for approval of construction documents relating to such conversion have been filed with the department of buildings on or after the effective date of the local law that added this chapter. Covered hotel conversion does not include a conversion of primary hotel space on a covered lot to space used under a timesharing plan. Covered hotel conversion does not include a conversion of primary hotel space where (A) the covered lot containing such primary hotel space was subject to an agreement for the purchase and sale of such lot entered into within 24 months preceding the effective date of the local law that added this chapter and (B) the purchaser exhibited a demonstrated interest in converting the covered lot from primary hotel space at the time of the purchase.
Covered lot. The term "covered lot" means a zoning lot that, at any time on or after the effective date of the local law that added this chapter, contains primary hotel space or covered timeshare space with 150 or more sleeping units in aggregate.
Covered timeshare space. The term "covered timeshare space" means space subject to a timesharing plan where such space was converted from primary hotel space on or after the effective date of the local law that added this chapter.
Cumulative hotel conversion factor. The term "cumulative hotel conversion factor" means, for a zoning lot, the sum of the hotel conversion factors for each covered hotel conversion occurring on a covered lot.
Floor area. The term "floor area" means floor area as defined in section 12-10 of the New York city zoning resolution.
Hotel. The term "hotel" means a transient hotel as defined in section 12-10 of the New York city zoning resolution that is located in the borough of Manhattan.
Hotel conversion factor. The term "hotel conversion factor" means, for a covered hotel conversion, the greater of zero or the number obtained by subtracting the post-conversion area from the pre-conversion area, divided by the pre-conversion area, multiplied by 100.
Pre-conversion area. The term "pre-conversion area" means, for a covered hotel conversion, the floor area contained within primary hotel space or covered timeshare space on a covered lot immediately before such conversion.
Post-conversion area. The term "post-conversion area" means, for a covered hotel conversion, the floor area contained within primary hotel space or covered timeshare space on a covered lot immediately after such conversion.
Primary hotel space. The term "primary hotel space" means space within a hotel where such space consists of living or sleeping accommodations that are used or designed to be used primarily for transient occupancy. Primary hotel space does not include accessory hotel space.
Timesharing plan. The term "timesharing plan" means any arrangement, excluding exchange programs as such phrase is used in part 24 of subchapter B of chapter II of title 13 of the New York code of rules and regulations, the primary purpose of which is to provide each of three or more purchasers with the right to use and occupy a unit or units for a period of time which is less than 30 consecutive days at any particular location, and which continues for a period of more than three years, or which, for nominal consideration, may be renewed to continue for a period of more than three years.
(L.L. 2015/050, 6/2/2015, eff. 6/2/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/050.
Except as provided in section 25-703:
a. No covered lot may have a cumulative hotel conversion factor of greater than 20.
b. No permit from the department of buildings may be issued for work in connection with a covered hotel conversion at a covered lot unless the owner of primary hotel space or covered timeshare space on such covered lot demonstrates to the satisfaction of the commissioner of buildings that such conversion would not increase the cumulative hotel conversion factor for such lot to greater than 20, or provides evidence of a waiver granted pursuant to section 25-703.
(L.L. 2015/050, 6/2/2015, eff. 6/2/2015)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/050.
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