This property located at 202 5th Ave in New York City is a 6-story landmarked commercial building constructed in 1918. It currently has no certificate of occupancy on file. Allowable uses include commercial such as offices, retail, and showrooms under Use Group 6, as well as dance studios and jewelry manufacturing. An alteration type 1 filing can obtain a new CO for offices or retail maintaining the single egress stair if the occupant load is 1 person per 50 square feet per floor. Residential conversion is also allowed under Article 7B of the Multiple Dwelling Law if the building is fully sprinkled. The lot area is 2550 square feet with an allowable floor area of 25,500 square feet at a

1.
CONVERSANO ASSOCIATES INC.
150 Broadway, Suite 1616, NY, NY 10013 Tel. (212) 791-0818 Fax: (212) 791-0895
Lori@ConversanoAssoc.Com
December 6, 2010
202 Fifth Avenue Realty LLC
c/o 4312 Second Ave.
Bklyn., N.Y. 11232
Via email :Peter Braus
RE: 202 5th ave, NY , NY
Block 827 Lot 39
C5‐2‐ZD , Map 8d,
Dear Sir,
This property, according to DOB records, was erected in 1918. It is a Landmarked‐ 6 story
commercial property. All work performed in the building is required to obtain LPC approval.
There is no current C of O on the property. However, a search of the DOB records indicates that
the last legal use for the building on floors 2‐6, is showrooms. There is no record on file for the
number of persons per floor currently.
The following is a synopsis of what is permitted as of right and what code compliances would
be required for changes in use.
Allowable Uses:
In the C 5 zoning district the current use of showroom may be changed to commercial uses of
use group 6, which allow retail, offices, showrooms, dance studios (Use Group 9), jewelry
manufacturing (use group 11).

2. You may file an Alteration Type 1 to obtain a new C of O for the change in use to offices or
retail, etc. utilizing the OLD Code (1938) under which the building was erected which allow the
single egress stair IF you maintain an occupant load of at least 1 person per 50 s.f. / per floor.
Therefore, the maximum occupant load permitted with one stair per floor would be 51 persons.
If you have office use, the building code allows for 100sf/person. In your building, at 2550 sf per
floor, that is a 25 person occupant load, therefore you would comply.
Retail sales above the first floor allows for 60sf/ per person so that at 2550sf per floor, you
would have an occupant load of 42 persons, therefore, you would comply.
Both of the above uses would be permitted to maintain the single egress stair.
However, if you chose restaurant use, that requires 10sf per person which would produce 255
persons, and not allow for the single egress stair. Also not permitted to maintain the single
egress stair would be classrooms/ lecture halls which are counted at 15sf/per person.
You may also convert the building to residential use under Multiple Dwelling Law’s, Article 7B.
This allows for the building above the 1st floor to be used for residential purposes, or mixed
commercial below residential (no restriction on # of stories for either use) maintaining a single
means of egress IF the building is fully sprinkled.
If you convert to a HOTEL (use group 5), you must install an additional egress stair.
Zoning Bulk:
Floor Area: – C5‐2‐ZD – 10 FAR, for either residential or commercial uses including
Hotel use.
As per Sanborn Map dated 1991, the building’s approximate Lot area = 2550sf
Allow: FAR 10 x 2550 = 25,500 SF allowed
Used Zoning Floor area is approximately(as per plans Sanborn maps) 6 FAR= 15,300
If the building is enlarged, a second enclosed stairwell will be required.
If the building is enlarged, any portion of the new construction above 85’ height would be
required to have a 15’ setback on the narrow street and 10’ on the wide street. 5th Ave and
Broadway are considered wide streets and 25th Street is considered a narrow street by zoning
definition.

3. Parking required off street.– none required.
If you have any questions please feel free to call.
Regards,
Lori Boccadoro