Attic Allowance

Attic Allowance refers to a provision within zoning regulations that permits an increase of up to 20 percent in the maximum Floor Area Ratio (FAR) for the construction of a pitched roof. This allowance is applicable in various residential zoning districts, including R2X, R3, and R4 (except R4B) districts. However, it is crucial to note that this allowance is generally available outside of Lower Density Growth Management Areas (LDGMA).

The increased floor area, as per the Attic Allowance, must be directly beneath the pitched roof and maintain a ceiling height ranging from five to eight feet. This provision facilitates architectural design and encourages the utilization of attic spaces in compliance with zoning laws. Understanding when attic floor area is counted and when it is deducted is vital for accurate zoning calculations. According to the New York City Zoning Resolution, there are specific criteria that dictate the inclusion or exclusion of attic space in zoning floor area calculations:

Attic Floor Area Counted for Zoning

  1. Headroom over 5 feet: Attic spaces with a headroom exceeding 5 feet are counted for zoning floor area in various zoning districts, including R2A, R2X, R3, R4, and R5.
  2. Headroom of 8 feet or more: Attic spaces with a headroom of 8 feet or more count as zoning floor area in districts R1 and R2 (excluding R2A and R2X).
  3. R6, R7, R8, R9, & R10: Attic spaces with a head height of 8 feet or more count as zoning floor area for one and two-family homes, as well as multifamily buildings in R6, R7, R8, R9, and R10 districts, subject to specific conditions based on the construction date.

Attic Floor Area Not Counted for Zoning

  1. Headroom under 5 feet: Attic spaces with a headroom under 5 feet can be deducted from zoning in zoning districts such as R2A, R2X, R3, R4, and R5.
  2. Headroom under 8 feet: Attic spaces with a headroom under 8 feet can be deducted from zoning in districts R1 and R2 (except R2A and R2X).
  3. R6, R7, R8, R9, & R10: Attic spaces with head height under 8 feet can be deducted for one and two-family homes, as well as multifamily buildings in R6, R7, R8, R9, and R10 districts, depending on the construction date.

It's important to note that an attic, meeting all the residential zoning regulations and building codes for habitable rooms, can be occupied as habitable space. This implies that with the right design and adherence to regulations, an attic can be utilized as functional living space, expanding the usable area within a property while remaining compliant with zoning guidelines.
[source: nyc.gov, 2023]

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