ToC

Chapter 1 - Special Downtown Brooklyn District (DB)

The City of New York
Bill de Blasio, Mayor
City Planning Commission
Marisa Lago, Chair

The "Special Downtown Brooklyn District" established in this Resolution is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the following specific purposes:

(a)        to strengthen the business core of Downtown Brooklyn by improving the working and living environments;

(b)        to foster development in Downtown Brooklyn and provide direction and incentives for further growth where appropriate;

(c)        to create and provide a transition between the Downtown commercial core and the lower-scale residential communities of Fort Greene, Boerum Hill, Cobble Hill and Brooklyn Heights;

(d)        to encourage the design of new buildings that are in character with the area;

(e)        to preserve the historic architectural character of development along certain streets and avenues and the pedestrian orientation of ground floor uses, and thus safeguard the vitality of Downtown Brooklyn;

(f)        to improve the quality of development in Downtown Brooklyn by fostering the provision of specified public amenities in appropriate locations;

(g)        to improve visual amenity by establishing special sign regulations within the Fulton Mall and Atlantic Avenue Subdistricts; and

(h)        to promote the most desirable use of land and building development for Downtown Brooklyn and thus conserve the value of land and buildings and thereby protect the City's tax revenues.

101-01

Definitions

For purposes of this Chapter, matter in italics is defined in Section 12-10 (DEFINITIONS), Section 101-702 (Definitions Specific to the Atlantic Avenue Subdistrict) or in this Section.

Automated parking facility

An “automated parking facility” shall refer to an accessory off-street parking facility or public parking garage where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system, and shall not refer to a parking facility with parking lift systems that require an attendant to operate the vehicle that is to be parked.

Development or to develop

For purposes of this Chapter, "development" includes a development, an enlargement or an extension.

To "develop" is to create a development.

The provisions of this Chapter shall apply within the Special Downtown Brooklyn District. The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter. In the event of a conflict between the provisions of this Chapter and other regulations of this Resolution, the provisions of this Chapter shall control.

Whenever a zoning lot is divided by the boundary of the Special Downtown Brooklyn District, the requirements set forth in this Chapter shall apply, and shall apply only to that portion of the zoning lot within the Special Downtown Brooklyn District.

In Mandatory Inclusionary Housing areas, as specified in APPENDIX F of this Resolution, the provisions of Sections 23-154 (Inclusionary Housing) and 23-90 (INCLUSIONARY HOUSING), shall apply, except as superseded, supplemented or modified by the provisions of this Chapter.

The regulations of this Chapter are designed to implement the Special Downtown Brooklyn District Plan.

The District Plan includes the following seven maps:

Map 1        Special Downtown Brooklyn District and Subdistricts

Map 2        Ground Floor Retail Frontage

Map 3        Ground Floor Transparency Requirements

Map 4        Street Wall Continuity and Mandatory Sidewalk Widenings

Map 5        Curb Cut Restrictions

Map 6        Height Limitation Areas

Map 7        Subway Station Improvement Areas

The maps are located within Appendix E (Special Downtown Brooklyn District Maps) of this Chapter and are hereby incorporated and made part of this Resolution. They are incorporated for the purpose of specifying locations where special regulations and requirements set forth in the text of this Chapter apply.

101-04

Subdistricts

In order to carry out the provisions of this Chapter, two subdistricts are established within the Special Downtown Brooklyn District. In each of these subdistricts, certain special regulations apply that do not apply within the remainder of the Special Downtown Brooklyn District. The subdistricts are outlined on Map 1 (Special Downtown Brooklyn District and Subdistricts) in Appendix E of this Chapter. Special regulations set forth in Sections 101-60 through 101-632, inclusive, shall apply to the Fulton Mall Subdistrict. Special regulations set forth in Sections 101-70 through 101-75 and Appendices A, B, C and D, inclusive, shall apply to the Atlantic Avenue Subdistrict. The subdistricts are also subject to all other regulations of the Special Downtown Brooklyn District and the underlying districts except as otherwise specified in the subdistrict regulations.

Map 2 (Ground Floor Retail Frontage), in Appendix E of this Chapter, specifies locations where the special ground floor use regulations of this Section apply.

Uses within stories that have a floor level within five feet of curb level, and within 50 feet of the street line, shall be limited to commercial uses listed in Use Groups 5, 6A, 6C, 6D, 7A, 7B, 8A, 8B, 8D, 9, 10, 11, 12A, 12B and 12C, where such uses are permitted by the underlying district. Libraries, museums and non-commercial art galleries shall be permitted. In addition, all non-residential uses permitted by the underlying district shall be permitted for buildings fronting on Myrtle Avenue between Ashland Place and Fleet Place. However, this minimum depth requirement may be reduced, to the minimum extent necessary, to accommodate a vertical circulation core, or structural columns associated with upper stories of the building.

A building’s street frontage shall be allocated exclusively to such uses, except for Type 2 lobby space, entryways or entrances to subway stations provided in accordance with the provisions of Section 37-33 (Maximum Width of Certain Uses). However, loading berths serving any permitted use in the building may occupy up to 40 feet of such street frontage provided such street frontage is not subject to curb cut restrictions as shown on Map 5 (Curb Cut Restrictions) in Appendix E of this Chapter.

The regulations of this Section are modified as follows:

(a)        Fulton Mall Subdistrict

For buildings in the Fulton Mall Subdistrict, Use Group 6A shall not include post offices, dry cleaning, laundry, or shoe and hat repair establishments. Use Group 6C shall not include automobile supply establishments, electrolysis studios, frozen food lockers, loan offices or locksmiths. Use Group 8A shall not include billiard parlors, pool halls, bowling alleys or model car hobby centers. Use Group 9 shall be prohibited except for typewriter stores. Use Group 10 shall not include depositories for office records, microfilm or computer tapes. Use Groups 6D, 7A, 7B, 8B, 8D, 11, 12A and 12C shall be prohibited. Furthermore, no bank or off-track betting establishment shall occupy more than 30 feet of frontage at the ground floor of any building along the street line of Fulton Street. Any establishment that fronts on the street line of Fulton Street for a distance greater than 15 feet shall provide an entrance on Fulton Street.

(b)        Atlantic Avenue Subdistrict

Automotive service stations are not permitted. No bank, loan office, business or professional office or individual use in Use Group 9 shall occupy more than 50 feet of linear frontage on Atlantic Avenue. Moving and storage uses in Use Group 7 are permitted on the ground floor of a building only if such use is located at least 50 feet from the front wall of the building in which the use is located. Any buildings developed after June 28, 2004, or portions of buildings enlarged on the ground floor level after June 28, 2004, on a zoning lot of 3,500 square feet or more shall have a minimum of 50 percent of the ground floor area of the building devoted to permitted commercial uses in Use Groups 6, 7 or 9, except that this requirement shall not apply to any development occupied entirely by community facility use.

In any building within the Atlantic Avenue Subdistrict, the provisions of Section 32-421 (Limitation on floors occupied by commercial uses) restricting the location of non-residential uses listed in Use Groups 6, 7, 8, 9 or 14 to below the level of the first story ceiling in any building occupied on one of its upper stories by residential or community facility uses, shall not apply. In lieu thereof, such non-residential uses shall not be located above the level of the second story ceiling.

Map 3 (Ground Floor Transparency Requirements) in Appendix E of this Chapter specifies locations where the following transparency requirements apply.

For any buildings developed after June 28, 2004, or portions of buildings enlarged on the ground floor level after June 28, 2004, each ground floor street wall shall be glazed in accordance with the provisions of Section 37-34 (Minimum Transparency Requirements).

In the Special Downtown Brooklyn District, except as modified by the provisions of Section 101-131 (Permitted projection), the regulations of Section 32-60, et seq., pertaining to signs, shall apply. Further regulations for the Fulton Mall Subdistrict and the Atlantic Avenue Subdistrict are set forth in Section 101-60, inclusive, and Section 101-70, inclusive.

The provisions of Section 32-652 (Permitted projection in all other Commercial Districts) shall not apply. In lieu thereof, the provisions of this Section shall apply.

No permitted sign shall project across a street line more than 12 inches, except as otherwise provided in this Section.

Banners for theaters may project across a street line for a maximum distance of four feet, provided such banners are separated at least 25 feet apart, and further provided that such banners are located between 12 feet and 40 feet above curb level.

For each establishment located on the ground floor, non-illuminated double-faced signs may project perpendicularly across a street line for a maximum distance of 40 inches, provided that no more than two such signs, separated at least 25 feet apart, are permitted along each street on which such establishment fronts, and further provided that any such sign shall not exceed a surface area of 24 by 36 inches, and shall not be located above the sill level of the second story windows.

The bulk regulations of the underlying districts shall apply, except as superseded, supplemented or modified by the provisions of this Section, inclusive.

Within Mandatory Inclusionary Housing areas, as shown on the map in APPENDIX F of this Resolution, the provisions of Sections 23-154 (Inclusionary Housing) and 23-90 (INCLUSIONARY HOUSING) shall apply.

R7-1  C6-1  C6-4.5  C6-6  C6-9

(a)        In R7-1 Districts

In R7-1 Districts, the floor area ratio and open space ratio provisions applicable to residential buildings and residential portions of mixed buildings pursuant to Section 23-151 (Basic regulations for R6 through R9 Districts) shall not apply. In lieu thereof, the maximum floor area ratio for residential buildings or residential portions of mixed buildings shall be 4.0. The maximum lot coverage for residential buildings or residential portions of mixed buildings shall be 65 percent for interior lots, except that for affordable independent residences for seniors the maximum lot coverage for interior lots shall be 70 percent. For all residential buildings or residential portions of mixed buildings, the maximum lot coverage for corner lots shall be 100 percent.

(b)        In C6-1 Districts

In C6-1 Districts, the floor area ratio and open space ratio provisions applicable to residential buildings and residential portions of mixed buildings pursuant to Section 23-151 shall not apply. In lieu thereof, the maximum floor area ratio for residential buildings or residential portions of mixed buildings shall be 3.44. The maximum lot coverage for residential buildings or residential portions of mixed buildings shall be 65 percent for interior lots, except that for affordable independent residences for seniors the maximum lot coverage for interior lots shall be 70 percent. For all residential buildings or residential portions of mixed buildings, the maximum lot coverage for corner lots shall be 100 percent. For Quality Housing buildings, the underlying floor area ratio and lot coverage regulations shall apply.

(c)        In C6-4.5 Districts

In C6-4.5 Districts, the maximum permitted floor area ratio for commercial or community facility uses shall be 12.0. No floor area bonuses for commercial or community facility uses shall be permitted.

 

(d)        In C6-6 Districts

In C6-6 Districts, the maximum permitted floor area ratio for commercial or community facility uses shall be 15.0, and the maximum residential floor area ratio shall be 9.0. No floor area bonuses shall be permitted.

(e)        In C6-9 Districts

In C6-9 Districts, the maximum permitted floor area ratio for commercial or community facility uses shall be 18.0, and no commercial or community facility floor area bonuses shall be permitted. In addition, residential floor area ratio may be increased only pursuant to the applicable provisions of Section 23-154 (lnclusionary Housing), and no other residential floor area bonuses shall be permitted.

However, in the C6-9 District bounded by Flatbush Avenue, State Street, 3rd Avenue and Schermerhorn Street, the maximum permitted floor area ratio for commercial or community facility uses shall be 12.0, and the maximum residential floor area ratio shall be 9.0. No floor area bonuses shall be permitted. However, on a zoning lot with a minimum lot area of 50,000 square feet improved with public schools containing at least 100,000 square feet of floor space developed pursuant to an agreement with the New York City Educational Construction Fund, the maximum permitted floor area ratio for commercial or community facility uses shall be 15.0, and the maximum residential floor area ratio shall be 12.0. Up to 46,050 square feet of floor space within such public schools shall be exempt from the definition of floor area for the purposes of calculating the permitted floor area ratio for community facility uses and the total maximum floor area ratio of the zoning lot. In addition, any building containing residences may be developed in accordance with the Quality Housing Program and the regulations of Article II, Chapter 8 shall apply. In such instances, the bulk regulations of this Chapter shall be considered the applicable bulk regulations for Quality Housing buildings.

Within the Special Downtown Brooklyn District, the City Planning Commission may grant, by special permit, a floor area bonus for buildings that provide subway station improvements, pursuant to the provisions of Section 74-634 (Subway station improvements in Downtown Brooklyn and in Commercial Districts of 10 FAR and above in Manhattan).

The total additional floor area permitted on the zoning lot shall not exceed 20 percent of the basic maximum floor area ratio permitted by the underlying district regulations.

For the purposes of the Special District, the zoning lot for the development that will receive the floor area bonus shall be adjacent to a subway station where major improvements have been provided. Upon completion of the improvement, the zoning lot will physically adjoin a subway station mezzanine, platform, concourse or connecting passageway.

The subway stations where such improvements are permitted are listed in the following table and shown on Map 7 (Subway Station Improvement Areas) in Appendix E of this Chapter.

Station

Line

Borough Hall

Eastern Parkway

Court Street

Montague Street Tunnel

DeKalb Avenue

4th Avenue/Brighton

Hoyt Street

Eastern Parkway

Hoyt-Schermerhorn Street

Crosstown/Fulton Street

Jay St.-MetroTech

Culver/Fulton Street

Lawrence Street

Montague Street Tunnel

Nevins Street

Eastern Parkway

Atlantic Ave-Pacific Street

4th Avenue/Brighton/Eastern Parkway

The height of all buildings or other structures shall be measured from the base plane. The provisions of Section 101-221 (Permitted Obstructions) shall apply to all buildings within the Special Downtown Brooklyn District.

In R7-1, C5-4, C6-1, C6-4 and C6-9 Districts, except C6-1A Districts, the underlying height and setback regulations shall not apply. In lieu thereof, all buildings or other structures shall comply with the provisions of Section 101-222 (Standard height and setback regulations) or, as an option where applicable, Section 101-223 (Tower regulations). Buildings or other structures within the Flatbush Avenue Extension and Schermerhorn Street Height Limitation Areas shall comply with the provisions of Section 101-30 (SPECIAL PROVISIONS WITHIN HEIGHT LIMITATION AREAS). However, the underlying height and setback regulations shall apply to any Quality Housing building, except that Quality Housing height and setback regulations shall not be applicable within any R7-1 District mapped within a C2-4 District.

The provisions of Section 33-42 (Permitted Obstructions) shall apply to all buildings within the Special Downtown Brooklyn District, except that dormers may penetrate a maximum base height in accordance with the provisions of paragraph (c)(1) of Section 23-621 (Permitted obstructions in certain districts).

C2-4/R7-1  C6-1  C6-4.5  C6-6  C6-9

In the districts indicated, except C6-1A Districts, a building or other structure shall not exceed the applicable maximum building height set forth in the table in this Section. Furthermore, any portion of a building or other structure that exceeds the applicable maximum base height shall be set back at least 10 feet from a wide street line and at least 15 feet from a narrow street line.

MAXIMUM BASE HEIGHTS AND MAXIMUM BUILDING HEIGHTS IN C2-4/R7-1, C6-1, C6-4.5, C6-6 AND C6-9 DISTRICTS

Maximum Base Height

Maximum building Height

District

Beyond 100 feet of a wide street

Within 100 feet of a wide street

Beyond 100 feet of a wide street

Within 100 feet of a wide street

C2-4/R7-1

85

85

160

160

C6-1

125

150

185

210

C6-4.5  C6-6  C6-9

125

150

250

250

C5-4 C6-4

In the districts indicated, the maximum height of a building or other structure and the maximum number of stories shall be as set forth in Section 23-662 (Maximum height of buildings and setback regulations) for an R10 District. For buildings meeting the criteria set forth in paragraph (a) of Section 23-664 (Modified height and setback regulations for certain Inclusionary Housing buildings or affordable independent residences for seniors), such maximum heights and number of stories may be modified in accordance with the provisions of paragraph (b) of Section 23-664 for an R10 District. Separate maximum building heights are set forth within such Sections for Quality Housing buildings with qualifying ground floors and for those with non-qualifying ground floors. Furthermore, any portion of a building or other structure that exceeds the applicable maximum base height shall be set back at least 10 feet from a wide street line and at least 15 feet from a narrow street line.

C5-4  C6-1  C6-4  C6-6  C6-9

In the districts indicated, except C6-1A Districts, the provisions of this Section shall apply as an alternative to the provisions of Section 101-222 (Standard height and setback regulations).

(a)        Setback requirements for residential towers

For buildings that contain residential floor area above a height of 85 feet, a setback is required for all portions of such buildings that exceed a height of 85 feet. Such portions of buildings shall be set back at least 10 feet from a wide street line and at least 15 feet from a narrow street line.

(b)        Setback requirements for commercial or community facility towers

For buildings that contain commercial or community facility floor area above a height of 85 feet, a setback is required for all portions of such buildings that exceed a height of 85 feet.

For zoning lots that do not exceed a lot area of 15,000 square feet, such portions of buildings shall be set back at least 10 feet from a wide street line and at least 15 feet from a narrow street line. For zoning lots that exceed an area of 15,000 square feet, such portions shall be set back at least 20 feet from any street line.

However, setbacks shall not be required for any portion of a building fronting upon the south side of Willoughby Street between Gold Street and the Flatbush Avenue Extension, or upon that portion of the Flatbush Avenue Extension between Willoughby Street and DeKalb Avenue within 250 feet of Willoughby Street, or for any building fronting upon the north side of Willoughby Street between Gold Street and the Flatbush Avenue Extension, provided that this exemption shall not be applicable to portions of buildings above 85 feet that contain residential floor area.

(c)        Lot coverage requirements for towers

All buildings, or portions thereof, shall have a maximum lot coverage of 65 percent of the lot area of the zoning lot above a height of 150 feet, up to a height of 300 feet. Above a height of 300 feet, all buildings, or portions thereof, shall have a maximum lot coverage of 50 percent of the lot area of the zoning lot. However, any portion of a building containing residential floor area above a height of 150 feet shall have a maximum lot coverage of 40 percent of the lot area of the zoning lot or, for zoning lots less than 20,000 square feet, the percentage set forth in the table in this Section:

LOT COVERAGE OF TOWERS ON SMALL ZONING LOTS

Area of Zoning Lot (in sq. ft.)

Maximum Percentage of Lot Coverage

10,500 or less

50

10,501 to 11,500

49

11,501 to 12,500

48

12,501 to 13,500

47

13,501 to 14,500

46

14,501 to 15,500

45

15,501 to 16,500

44

16,501 to 17,500

43

17,501 to 18,500

42

18,501 to 19,999

41

(d)        Maximum building height

In C6-1 Districts, the maximum height of a building or other structure shall be 495 feet. No height limit shall apply within a C5-4, C6-4, C6-6 or C6-9 District.

The provisions of this Section shall apply within the Flatbush Avenue Extension and Schermerhorn Street Height Limitation Areas, as shown on Map 6 in Appendix E of this Chapter.

(a)        Flatbush Avenue Extension Height Limitation Area

Within the Flatbush Avenue Extension Height Limitation Area, no building or other structure shall exceed a height of 400 feet.

(b)        Schermerhorn Street Height Limitation Area

Within the Schermerhorn Street Height Limitation Area, the provisions of this paragraph, (b), shall apply:

(1)        Public plaza prohibition

No public plazas shall be permitted within Area B of Map 6.

(2)        Height and setback regulations

The tower provisions of Section 101-223 shall not apply. The standard height and setback regulations of Section 101-222 shall apply within Area A of Map 6, and are modified to limit maximum building height to 140 feet within Area B, and to permit a maximum building height of 250 feet within Area C of Map 6. For Quality Housing buildings, the underlying height and setback regulations shall apply, except that the maximum height of a building shall be as specified on Map 6 or as specified pursuant to the Quality Housing Program, whichever is less.

(3)        Rear yard modification

The provisions of Sections 23-532 (Required rear yard equivalents) or 23-533 (Required rear yard equivalents for Quality Housing buildings), as applicable, shall not apply to any through lot. In lieu thereof, an open area with a minimum depth of 60 feet, midway, or within 10 feet of being midway between the two street lines upon which such through lot fronts, shall be provided. Such rear yard shall be unobstructed from its lowest level to the sky, except as provided in Section 23-44 (Permitted Obstructions in Required Yards or Rear Yard Equivalents).

Map 4 (Street Wall Continuity and Mandatory Sidewalk Widenings) in Appendix E of this Chapter specifies locations where the special street wall location regulations of this Section apply. However, such regulations shall not apply along the street frontage of that portion of any zoning lot occupied by existing buildings to remain.

(a)        Fulton Mall Subdistrict

Within the Fulton Mall Subdistrict, the street wall of any building shall be located on the street line and shall extend along the full length of the street line for that portion of the building within the Subdistrict, except that on corner lots, no street wall shall be required within 100 feet of the intersection of two street lines where the interior angle formed by such intersecting street lines is 45 degrees or less. Such required street walls shall extend to a minimum height of 60 feet above curb level or the height of the building, whichever is less, and a maximum height of 85 feet. Above a height of 85 feet, the provisions of Sections 101-222 (Standard height and setback regulations) or 101-223 (Tower regulations) shall apply.

(b)        Atlantic Avenue Subdistrict

Within the Atlantic Avenue Subdistrict, the underlying height and setback regulations shall apply, except that the front wall of any building shall be coincident with the street line for a minimum height of 16 feet above curb level and, in a C2-4 District mapped within an R6A District, a maximum height of 50 feet above curb level or, in a C2-4 District mapped within an R7A District, a maximum height of 60 feet above curb level.

(c)        Willoughby Square

For buildings fronting upon Willoughby Square, at least 70 percent of the street wall of that portion of the building fronting upon Willoughby Square shall be located on the street line and extend to a minimum height of 80 feet and a maximum height of 85 feet. Above a height of 85 feet, the provisions of Section 101-223 shall apply.

(d)        All other areas

On all other streets shown on Map 4, at least 70 percent of the aggregate width of street walls of any building shall be located within eight feet of the street line and extend to at least a height of 40 feet in R7-1 Districts mapped within C2-4 Districts and at least a height of 60 feet in all other districts, or the height of the building, whichever is less, except that on corner lots, no street wall shall be required within 100 feet of the intersection of two street lines where the interior angle formed by such intersecting street lines is 45 degrees or less. However, such regulations shall not apply to any building fronting upon the north side of Willoughby Street between Gold Street and the Flatbush Avenue Extension.

Map 4 (Street Wall Continuity and Mandatory Sidewalk Widenings) in Appendix E of this Chapter specifies locations where the sidewalk widening regulations of this Section apply. Such regulations shall apply to all developments and to those horizontal enlargements where the enlarged portion of the building contains a floor area ratio of 3.0 or more.

All buildings that front upon the southerly street line of Willoughby Street between Adams Street and the Flatbush Avenue Extension shall provide a five foot deep sidewalk widening along the full frontage of the zoning lot along Willoughby Street. Such sidewalk widening shall be improved as a sidewalk to Department of Transportation standards, be at the same level as the adjoining public sidewalk and be accessible to the public at all times. For the purposes of applying the height and setback regulations of Section 101-22, inclusive, and the street wall location requirements of Section 101-41, the sidewalk widening line shall be considered to be the street line.

Where a development is constructed on a zoning lot that contains at least 5,000 square feet of lot area and fronts on a sidewalk containing a stairway entrance or entrances into a subway station, the existing entrance or entrances shall be relocated from the street onto the zoning lot. For the purposes of this Section, a development shall not include an extension. The new entrance or entrances shall be provided in accordance with the provisions of Section 37-40 (OFF-STREET RELOCATION OR RENOVATION OF A SUBWAY STAIR). The subway stations where such improvements are required are listed in the following table and shown on Map 7 (Subway Station Improvement Areas) in Appendix E of this Chapter.

Station

Line

Court Street-Borough Hall

Eastern Parkway/Montague Street Tunnel

DeKalb Avenue

4th Avenue/Brighton

Hoyt Street

Eastern Parkway

Hoyt-Schermerhorn Street

Crosstown/Fulton Street

Jay Street-MetroTech

Culver/Fulton Street

Lawrence Street

Montague Street Tunnel

Nevins Street

Eastern Parkway

Atlantic Avenue-Pacific Street

4th Avenue

The provisions of Article II, Chapter 5, and Article III, Chapter 6 (ACCESSORY OFF-STREET PARKING AND LOADING REGULATIONS), shall apply, except that the accessory parking requirements of Section 25-23 (Requirements Where Group Parking Facilities Are Provided) shall be modified to require accessory off-street parking spaces for at least 20 percent of the total number of new dwelling units. However, such modification shall not apply in R6B Districts.

Along the streets specified on Map 5 (Curb Cut Restrictions) in Appendix E of this Chapter, no curb cuts for parking facilities or loading berths shall be permitted.

However, the City Planning Commission may, by authorization, permit a curb cut, on a street specified on Map 5, for parking facilities and loading berths on a zoning lot that does not have access or egress on another street, provided that such curb cut will not unduly inhibit surface traffic or result in conflict between pedestrian and vehicular circulation, and will result in a good overall site plan.

The provisions of this Section shall apply to parking facilities created after December 10, 2012, or for parking facilities enlarged by 50 or more spaces after December 10, 2012. For the purpose of determining required reservoir spaces, fractions equal to or greater than one-half resulting from the calculations in this Section shall be considered one reservoir space.

(a)        Attended parking facilities

Attended accessory parking facilities, public parking garages or public parking lots with more than 25 parking spaces shall provide the following amount of off-street reservoir space at the vehicular entrance:

(1)        for parking facilities with more than 25 parking spaces and up to 50 parking spaces: five percent of the total number of parking spaces;

(2)        for parking facilities with more than 50 parking spaces and up to 100 parking spaces: 10 percent of the total number of parking spaces;

(3)        for parking facilities with more than 100 parking spaces and up to 200 parking spaces: 10 parking spaces; and

(4)        for parking facilities with more than 200 parking spaces: five percent of the total number of parking spaces. However, such number of reservoir spaces need not exceed 50.

(b)        Automated parking facilities

For automated parking facilities, off-street reservoir space at the vehicle entrance shall be provided as set forth in paragraph (a) of this Section.

Each individual parking location where a driver is permitted to leave a vehicle for transfer to a mechanized automobile storage and retrieval unit shall constitute one reservoir space. Additional reservoir spaces may be located where drivers queue to access such locations for vehicle transfer.

In addition, the number of reservoir spaces required pursuant to paragraph (a) of this Section may be reduced where the Commissioner of Buildings determines that the operational characteristics of such automated parking facility warrant such a reduction.  

(c)        Self-parking facilities

For self-parking accessory parking facilities, public parking garages and public parking lots, where entering vehicles are required to stop at a mechanically operated barrier before entering the parking facility, such barrier shall be placed a minimum of 20 feet beyond the street line.

Public parking garages with 225 or fewer spaces shall be permitted as-of-right, provided that such garages are, except for entrances and exits, entirely below the level of any street or publicly accessible open area upon which such facility, or portion thereof, fronts. In addition to a maximum number of 225 public parking spaces, such garages may include required accessory parking spaces, which may be provided at any level. Any accessory parking spaces that are not required shall be included with all other public parking spaces in such public parking garage for the purpose of applying any regulations in this Resolution relating to the number or location of parking spaces in such public parking garage.

Section 36-57 (Accessory Off-street Parking Spaces in Public Garages) shall be modified to allow accessory off-street parking spaces in any public parking garage developed after December 10, 2012, provided such off-site spaces comply with the provisions of Section 101-55 (Location of Off-site Parking Spaces).

The provisions of this Section shall apply to parking facilities created after December 10, 2012, or for parking facilities enlarged by 50 or more spaces after December 10, 2012. For all accessory parking garages and public parking garages, the following safety features shall be provided at all vehicular exit points:

(a)        a ‘stop’ sign which shall be clearly visible to drivers. Such signage shall comply with the standards set forth in the Manual of Uniform Traffic Control Devices (MUTCD) issued by the Federal Highway Administration (FHWA) for a conventional single lane road; and

(b)        a speed bump, which shall be located within the exit lane of the parking facility. Such speed bump shall:

(1)        span the entire width of such exit lane;

(2)        have a minimum of two inches in height, as measured from the adjoining grade of the exit lane, and a maximum depth of 12 inches; and

(3)        be located a minimum of four feet beyond the street line, as measured perpendicular to the street line.

Within an enclosed attended parking facility with parking lift systems, for individual lifted trays upon which a vehicle is stored, each tray upon which a vehicle is stored shall be considered 153 square feet of floor area, except if located in portions of a building exempt from the definition of floor area pursuant to Section 12-10 (DEFINITIONS).

For an automated parking facility, the minimum size of spaces regulated in Sections 25-62 (Size and Location of Spaces) and 36-521 (Size of spaces) shall not apply.

For the purpose of calculating parking spaces in automated parking facilities, each tray upon which a vehicle is stored shall constitute one off-street parking space. However, auxiliary parking trays may be exempted from constituting a parking space where the Commissioner of Buildings determines that such auxiliary parking trays are needed to routinely store and retrieve vehicles for the efficient operation of such automated parking facility.

Within an automated parking facility, each tray upon which a vehicle is stored shall be considered 153 square feet of floor area, except if located in portions of a building exempt from the definition of floor area pursuant to Section 12-10 (DEFINITIONS).

Section 74-52 (Parking Garages or Public Parking Lots in High Density Central Areas) shall not apply to public parking garages. In lieu thereof, the City Planning Commission may permit:

(a)        a public parking garage that does not comply with the provisions of Section 101-531 (Public parking garages), provided that such garage complies with all other applicable regulations set forth in Section 101-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS); and

(b)        floor space on one or more stories, up to a height of 23 feet above curb level, to be exempted from the definition of floor area as set forth in Section 12-10.

In order to grant a special permit for such use or floor area exemption, the Commission shall find that:

(1)        such use will be compatible with the surrounding area, and will not adversely affect the growth and development of uses comprising vital and essential functions in the general area within which such use is to be located;

(2)        the proposed materials and articulation of the street wall of the parking facility are compatible with buildings in the surrounding area;

(3)        the ground floor level of such parking facilities that front upon streets with a width of 60 feet or more, or that front upon public access areas, is occupied by commercial, community facility or residential uses that generate activity on all such adjoining streets or public areas, except at the entrances and exits to the parking facility. Where site planning constraints make such uses infeasible, the parking facility shall be screened from such adjoining streets or public access areas with a strip at least five feet deep, densely planted with shrubs or trees that are at least four feet high at the time of planting and that are of a type which may be expected to form a year-round dense screen, at least six feet high, within three years. Where such screening is not desirable, a total of at least 50 percent of the exterior building wall with adjacent parking spaces shall consist of opaque materials that include graphic or sculptural art, or living plant material;

(4)        any floor space above the ground floor level utilized for parking is located, to the greatest extent feasible, behind commercial, community facility or residential floor area, so as to minimize the visibility of the parking facility from adjoining streets with a width of 60 feet or more, or public access areas. Any exterior wall of the parking facility visible from an adjoining street or public access area shall be articulated in a manner that is compatible with buildings in the surrounding area;

(5)        such use will not create or contribute to serious traffic congestion and will not unduly inhibit surface traffic and pedestrian flow and that the streets providing access to such use will be adequate to handle the traffic generated thereby;

(6)        such use and its vehicular entrances and exits are so located as to draw a minimum of vehicular traffic to and through residential streets in nearby areas; and

(7)        if any floor space is exempted from the definition of floor area, such additional floor space is necessary to prevent excessive on-street parking demand and relieve traffic congestion.

The City Planning Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area including limitations on signs, or requirements for shielding of floodlights, or locations of entrances and exits.

The provisions of Section 36-46 (Restrictions on Use of Accessory Off-street Parking Spaces) shall apply, provided that all Commercial Districts within the Special Downtown Brooklyn District shall be considered a C6 District for the purposes of such Section, inclusive. However, the provisions of this Section shall not apply within the Atlantic Avenue Subdistrict.

Sections 25-50 and 36-40 (RESTRICTIONS ON LOCATION AND USE OF ACCESSORY OFF-STREET PARKING SPACES) shall apply, except that where the use generating the parking requirement and the zoning lot providing the parking spaces are both within the Special Downtown Brooklyn District, Sections 25-521 and 36-421 (Maximum distance from zoning lot) shall be modified to permit accessory parking spaces to be located up to 2,500 feet from the zoning lot occupied by the residences to which they are accessory.

The general goals of the Fulton Mall Subdistrict include, among others, the following purposes:

(a)        to foster and promote the orderly expansion of retail development so that Downtown Brooklyn will enhance its position as a major regional shopping center, provide an increasing number of employment opportunities and encourage the development of a desirable shopping and working environment;

(b)        to complement public improvements in the area implemented either directly or indirectly by the City of New York by encouraging private investment in signs, facades and new development that will enhance the visual appearance and character of structures in the vicinity of Fulton Mall;

(c)        to create an attractive shopping environment in the vicinity of the Fulton Mall, the construction of which will implement a plan for improved pedestrian and vehicular circulation; and

(d)        to encourage a desirable urban design relationship between each building and the Fulton Mall.

Within the Fulton Mall Subdistrict, any change of use to another use listed in the same or another Use Group shall be subject to the special use regulations of Section 101-10, the special sign regulations of Section 101-61, inclusive, and the special transparency provisions of Section 101-12.

On application, the City Planning Commission may authorize minor modifications of the regulations of Sections 101-61, inclusive, and 101-12 and 101-62, inclusive, governing signs, transparency and facades within the Fulton Mall Subdistrict, upon the Commission's finding that the proposed modifications are in conformity with the principles of good design and are not inconsistent with the purposes of this Chapter.

Except for projecting signs that comply with the provisions of Section 101-131 (Permitted projection), all permitted signs in the Fulton Mall Subdistrict shall be subject to the applicable provisions of Section 32-64 (Surface Area and Illumination Provisions), Section 101-612 (Sign band) and this Section.

101-612

Sign band

(a)        Sign located within the sign band

A commercial establishment located on the ground floor of a building may have one sign located on each street frontage within a sign band as defined in this Section.

The sign band shall have a lower limit of 10 feet above curb level and an upper limit coincident with the bottom of the lowest window sill on the second floor of a building, but in no event more than 15 feet above curb level. A sign located within the sign band may be applied directly to the surface of a building or to a sign board affixed to the surface of a building. If a sign board is employed, such sign board shall be entirely within the sign band, shall be mounted horizontally, shall have a uniform color over its entire surface excluding perimeter frame or trim and shall extend the full length of the street wall of the establishment to which it is accessory, except that such sign board may be interrupted by vertical architectural elements such as columns, pilasters or other integral architectural elements. Any background material shall be considered as a sign board, unless it extends the full length of the street wall of a building (or that portion of a building occupied by the establishment) and the full height of the building up to the topmost cornice. On corner lots, a sign or sign boards shall be the same vertical dimension and shall be mounted at the same height above the curb level on both street frontages.

If more than one commercial establishment is located on the ground floor of a building, the signs located within the sign band accessory to each such establishment shall consist of letters and symbols of approximately the same size for each establishment, either applied directly to the surface of the building or to a common sign board affixed to the surface of a building.

As of March 16, 1978, the owner or lessee of a building with more than one ground floor establishment shall be responsible (unless the sign is applied directly to the surface of the building) for specifying the requirements of a common sign board, which shall include, but are not limited to, vertical dimension, mounting height, background color, material, whether illuminated and method of illumination (if applicable) which shall be the same for each establishment and shall be adhered to by each establishment employing a sign board.

A sign accessory to uses on the upper floors of a building may be located within the sign band when it directs attention to a ground floor entrance of an establishment located on the upper floors of a building.

(b)        Signs located below the sign band

Signs accessory to commercial establishments located on the ground floor of a building may be located between curb level and 10 feet above curb level. Signs in show windows, on doors, or on transoms above doors, shall not occupy more than 20 percent of the total area of such show windows, doors or transoms above doors in which they are displayed, and are limited to writing (including letter, word or numeral) not more than eight inches high. Such sign shall be applied directly to show windows, doors or transoms above doors, without background, or to a transparent panel hung behind the plane of the show window surface, door or transom above a door. Non-flashing illuminated signs (such as neon, etc.) shall be permitted providing that such signs are essentially transparent, i.e., without background or enclosure.

Incidental signs, identifying store name, address and hours of operation shall not exceed 10 square feet (including background) for an individual sign and shall not exceed, in aggregate (square feet), one-fifth the street frontage of the establishment but in no event more than 50 square feet for interior or through lots or 50 square feet on each frontage for corner lots.

An establishment located above the ground floor of a building that has an entrance on the ground floor may have one sign directing attention to the entrance.

(c)        Signs located above the sign band

Signs accessory to commercial establishments which occupy space above the ground floor of a building may be located between 20 feet and 40 feet above curb level. Such establishments may have signs in windows provided that such sign does not occupy more than 30 percent of the window to which it is applied, that the remainder of the window is transparent, and that all such signs for an establishment have similar size and style of writing, pictorial representation, emblem or any other figure of similar character. Commercial establishments which occupy space above the ground floor may have one sign located above the sign band which is applied directly to the surface of a building or to a sign board affixed to the surface of a building. If a sign board is employed, such sign board shall be mounted horizontally, shall have a uniform color over its entire surface, excluding perimeter frame and trim, and shall not be located between windows. The total surface area of all signs located above the sign band shall not exceed three times the street frontage of the zoning lot (in feet) but in no event more than 200 square feet on each frontage.

No sign or sign board shall extend above the parapet wall or shall obscure any cornice or window.

Except as further defined by the regulations of the Special Downtown Brooklyn District, permitted signs are limited to the following message:

store name;

symbol or logo;

address;

date of establishment; and

description of product or service offered.

Signs may be illuminated by either:

(a)        internal illumination; or

(b)        an external source that shall be so arranged that it projects no more than 12 inches from the sign it illuminates, and so that no direct rays of light are projected into adjoining buildings or the street. No flashing signs are permitted nor are flashing or rotating light sources except illuminated signs that indicate the time, temperature, weather or other similar information, pursuant to the definition of flashing sign in Section 12-10.

101-615

Temporary signs

Temporary signs relating to sales or events of limited duration not to exceed 45 days may be displayed in a show window of a building. Such signs must be removed after the last day of the sale or event to which they pertain. Temporary signs shall not occupy more than 20 percent of the surface area of the window in which they are displayed.

In the Fulton Mall Subdistrict, Section 52-80 (REGULATIONS APPLYING TO NON-CONFORMING SIGNS) shall not apply. In lieu thereof, certain non-conforming signs may be continued until June 30, 1980, providing that after that date such non-conforming signs shall terminate and shall be removed in their entirety, including any supporting structure, frame or device. Such signs shall include:

advertising signs;

flashing signs;

signs located more than 40 feet above curb level;

roof signs;

signs extending above a parapet;

signs obscuring cornices and windows;

double or multi-faced signs; and

signs that project across a street line more than 12 inches.

Any sign, as of January 1, 1978, that forms an integral part of the surface of a building or other structure (such as a sign carved in stone, cast in metal or molded in terra cotta on a building whose facade is of such material) shall not be subject to the provisions of this Section.

Any alteration, incidental alteration or minor work done to the street wall of any building or portion of any building shall be accomplished in such matter that:

(a)        such street wall is treated with consistent materials, color and texture from the top of any ground floor windows or sign board to the top or the parapet, or to the bottom of a cornice if a cornice exists (access doors or panels, grilles or similar features shall be as inconspicuous as possible); and

(b)        where such street wall treatment covers any window opening, it shall completely cover all window openings in the street wall; or

(c)        where window openings remain uncovered, all windows shall be treated in a similar manner or, if sealed, all windows shall be covered by a panel set at least two inches behind the plane of the wall. Except where the material used to seal window openings is the same as the wall of the building, the window panel shall have a single color over its entire surface. All such window panels shall have the same color.

In no case shall vehicular access and egress for accessory off-street parking, public parking facilities, permitted or required accessory off-street loading berths or the service entrance to a building, be located within 50 feet of Fulton Street or DeKalb Avenue within the Fulton Mall Subdistrict. No curb cuts are permitted within the Fulton Mall Subdistrict within 50 feet of Fulton Street or DeKalb Avenue.

The Commissioner of Buildings may waive any requirement in this Chapter that accessory off-street parking or loading berths be provided where the Commissioner finds that the required parking or loading cannot be provided consistent with Section 101-631 (Restricted access and prohibition on curb cuts).

The general goals of the Atlantic Avenue Subdistrict include, among others, the following purposes:

(a)        to protect the existing scale and form of development on Atlantic Avenue, characterized by three- and four-story attached buildings with shops, built in the 19th century;

(b)        to preserve and enhance street life by maintaining a mix of residential and commercial uses, encouraging a variety of retail and service uses while limiting automotive service uses; and

(c)        to protect desirable architectural features of certain buildings by establishing design guidelines for renovation or alteration.

For purposes of Sections 101-70 through 101-75, inclusive, concerning the Atlantic Avenue Subdistrict, matter in italics is defined in Section 12-10 (DEFINITIONS), Section 101-01 or in this Section.

Specified building type

Any building within the Atlantic Avenue Subdistrict erected prior to 1900, that has:

(a)        a front wall for the full width of the zoning lot for a height of from two to five stories;

(b)        a front wall of brick or stone, erected coincident with, or within five feet of, the street line, with windows at each story and a cornice at the parapet level; and

(c)        a storefront at the basement or ground floor.

A list of the buildings within the Atlantic Avenue Subdistrict that conform to the definition of specified building type appears in Appendix A of this Chapter.

Specified storefront type

Any storefront which is part of a building of the specified building type that has:

(a)        show windows projecting beyond the front wall of the building, occupying a total area of at least 35 square feet and a sill height of not more than three feet and a total height of not less than eight feet, measured from curb level; and

(b)        a projecting cornice above the storefront for its full width.

A list of buildings within the Atlantic Avenue Subdistrict having storefronts that conform to the definition of specified storefront type appears in Appendix B of this Chapter.

In order to enhance the visual quality of the Atlantic Avenue Subdistrict, the following additional regulations shall apply to all signs within the Subdistrict.

The total surface area and number of all permitted signs, including non-illuminated and illuminated signs, shall not exceed the limitations set forth for non-illuminated signs in Section 101-712 (Area of non-illuminated signs).

The total surface area (in square feet) of non-illuminated signs on a zoning lot shall not exceed three times the street frontage of the zoning lot (in feet), and in no event shall exceed 150 square feet for interior or through lots or 150 square feet on each frontage for corner lots. Each commercial establishment shall be permitted not more than one sign. The vertical dimension of any sign shall not exceed three feet. The provisions of this Section shall not apply to projecting signs that comply with the provisions of Section 101-131 (Permitted projection).

The total surface area (in square feet) of illuminated signs on a zoning lot shall not exceed two times the street frontage of the zoning lot (in feet), and in no event shall exceed 50 square feet for interior or through lots or 50 square feet on each frontage for corner lots. The vertical dimension on any illuminated sign shall not exceed 2 feet, 6 inches, nor shall illuminated signs project more than 10 inches from the surface to which they are affixed.

Permanent window graphics may not occupy more than 20 percent of the total area of the window in which they are displayed. If such a permanent window graphic has letters more than three inches high, it shall count as a sign.

If more than one commercial establishment is located on the same floor of a building, the signs accessory to all such establishments, except for projecting signs that comply with the provisions of Section 101-131 (Permitted projection), shall be of equal height and mounted or painted on a common sign board. All signs or common sign boards shall be located as follows:

(a)        if accessory to uses on the ground floor of a building, the sign or common sign board shall be located within a band extending the full length of the street wall, which band shall have a lower limit of eight feet above the ground floor and an upper limit coincident with the bottom of the lowest window sill on the second floor, but in no event more than 16 feet above curb level;

(b)        if accessory to uses on the upper floor of a building, the sign or common sign board shall be located between the highest window lintel of the floor on which the use is located and the lowest window sill of the floor above, but in no case more than 25 feet above curb level;

(c)        no sign may be located so as to obscure any cornice, except that a non-illuminated sign may be attached to a cornice if such sign consists of individual letters, emblems or figures mounted on open metal mesh attached to the cornice and finished to match the cornice, provided that the cornice remains visible; and

(d)        no sign or common sign board shall extend above the parapet wall or roof of the building on which it is displayed.

Signs may be fabricated of any opaque material that does not have a glossy or reflective surface, except that glossy translucent material may be used:

(a)        in areas where the intent is to imitate or replace glass, as in transoms; or

(b)        for individual letters in internally lit illuminated signs.

Background colors for signs or common sign boards shall be limited to black, navy blue, dark green, maroon or bronze.

The underlying height and setback regulations shall apply, except that the front wall of any building shall be coincident with the street line for a minimum height above curb level of 16 feet and, in a C2-4 District mapped within an R6A District, a maximum height above curb level of 50 feet or, in a C2-4 District mapped within an R7A District, a maximum height above curb level of 60 feet.

Any alteration, incidental alteration or minor work (including any change in, addition to, or removal from, the parts or materials of a building, including finishes) done to the front wall of any building of the specified building type shall comply with the following standards:

(a)        Alteration or reconstruction of storefronts shall comply with the provisions of Section 101-734.

(b)        Front walls which are replaced shall be erected to the same height and at the same location as the original walls. Replacement or repair of front walls shall be done with the same material as the original walls, except that stone may be replaced by another material finished in such a manner as to match the appearance of the original walls. Finishes and colors of front walls shall be of an approved type, as indicated in Appendix C of this Chapter.

(c)        Front walls which are replaced shall have windows at each floor, the area of which shall comply with the provisions of Section 101-733 (Special provisions for development and enlargement). Such windows shall have stone or precast lintels and sills having a minimum height of six inches and extending at least four inches beyond the window opening on either side. Existing window openings above the ground floor may not be reduced in size but may be completely sealed if the window area provisions of Section 101-733 are met. Such openings shall be completely sealed with masonry recessed at least two inches behind the wall and finished to match the wall. New windows shall be double-hung, fixed or casement sash finished in an approved manner, as indicated in Appendix D of this Chapter.

(d)        No existing cornice shall be removed unless required by the Department of Buildings. A cornice that must be removed shall be replaced by a new cornice having the same height, length and projection beyond the surface of the wall and finished in an approved color, as indicated in Appendix D of this Chapter.

Any alteration, incidental alteration or minor work done to the front wall of any building not of the specified building type, shall comply with the following standards:

(a)        alteration or replacement of storefronts shall comply with the provisions of Section 101-734; and

(b)        alteration or replacement of front walls shall comply with the provisions of Sections 101-721 (Height and setback) and 101-733 (Special provisions for development and enlargement).

The front wall of any development or enlargement, or the front wall of any building where the height or width of a street wall is proposed to be increased, shall be built to comply with the following standards:

(a)        The front wall shall extend along the full length of the Atlantic Avenue street line. It may be interrupted at the ground level by entrances or exits for off-street parking or loading spaces permitted pursuant to Section 101-744 (Special permit for public parking garages or public parking lots).

Front wall recesses are permitted for architectural purposes provided that the aggregate length at the level of any story does not exceed 25 percent of the length of the front wall where such recesses are permitted. The depth of such recesses shall not exceed three feet. No recesses are permitted within 20 feet of the intersections of two street lines forming an angle of 100 degrees or less.

(b)        Windows shall occupy at least 35 percent of the wall area at the level of any story above the ground floor. (For the purposes of calculation, the wall height at any story shall be measured between the floor and ceiling of that story.)

(c)        Window and door framing trim shall be finished in an approved color as indicated in Appendix D of this Chapter.

No storefront of the specified storefront type shall be demolished unless its demolition is required by the Department of Buildings. Reconstruction or repair of storefronts of the specified storefront type shall be done in such a manner as to retain or restore the original design and materials, except that plate glass may be replaced by transparent plastic. Such storefronts shall be finished in an approved manner, as indicated in Appendix D of this Chapter.

New storefronts installed in any existing or new building shall comply with Section 101-12 (Transparency Requirements) and the following standards:

(a)        A storefront installed in a building of the specified building type shall occupy at least the same area of the front wall as the original storefront. A storefront installed in any other building shall occupy the entire frontage of the front wall devoted to commercial uses.

(b)        Storefront entrance doors shall be set back a minimum of two feet behind the vertical surface of the show windows. A minimum of 50 percent of the door area shall be transparent glazed.

(c)        In the case of existing buildings, no existing cornice above a storefront shall be demolished unless required by the Department of Buildings. A cornice which is removed shall be replaced by a cornice having the same length, height and projection beyond the surface of the front wall. In any building of the specified building type where the original cornice above the storefront has been previously removed, any new storefront shall incorporate a cornice or fascia extending the full length of the store front and having a minimum height of two feet.

(d)        All framing elements, trim elements, doors, etc., of the storefront shall be finished in an approved manner, as indicated in Appendix D.

(e)        Any awning or canopy attached to a building with a storefront which incorporates a cornice shall be attached in such manner as not to obscure or cover the cornice.

No accessory off-street parking facilities are required for any residential or commercial development, or portion thereof, within the Atlantic Avenue Subdistrict. In no case shall the number of permitted accessory off-street parking spaces for residential use exceed 40 percent of the number of dwelling units. All accessory parking spaces shall be designed and operated exclusively for the long term storage of private passenger motor vehicles used by the occupants of such residences.

In no case shall curb cuts for vehicular access be located on Atlantic Avenue or on a street within 50 feet of its intersection with the street line of Atlantic Avenue. No off-site accessory off-street parking facilities for any use shall be permitted within the Atlantic Avenue Subdistrict.

The parking requirements set forth in Sections 25-31 or 36-21 shall not apply to any development for which the Commissioner of Buildings has certified that there is no way to provide the required parking spaces with access to a street in conformity with the provisions of this Section.

101-742

Screening

Any permitted accessory off-street parking area, regardless of size or location, shall be screened from all adjoining zoning lots and streets by screening that complies with the provisions of Section 36-56 (Screening) and which, in the case of a wall or barrier or uniformly painted fence, is finished in an approved color as indicated in Appendix D of this Chapter.

Curb cuts for vehicular access to accessory off-street loading berths shall not be located on Atlantic Avenue or on a street within 50 feet of its intersection with the street line of Atlantic Avenue. However, the City Planning Commission may, by authorization, permit a curb cut on Atlantic Avenue, provided that:

(a)        such curb cut is a relocation of an existing curb cut on the zoning lot; and

(b)        such curb cut will not unduly inhibit surface traffic and pedestrian flow along Atlantic Avenue.

The loading berth requirements of Section 25-72 or 36-62 shall not apply to any development for which the Commissioner of Buildings has certified that there is no way to provide the required loading berths with access to a street in conformity with the provisions of this Section.

All accessory off-street loading berths shall be enclosed within a building.

The City Planning Commission may grant a special permit for public parking garages or public parking lots with a capacity of not more than 100 spaces, provided that the regulations set forth in Sections 36-53 (Width of Curb Cuts and Location of Access to the Street), 36-55 (Surfacing) and 36-56 (Screening), are met and that no roof parking is permitted. The Commission may permit floor space on one or more stories, and up to a height of 23 feet above curb level, to be exempted from the definition of floor area set forth in Section 12-10 (DEFINITIONS). As a condition of permitting such use, the Commission shall make the following findings:

(a)        such use is so located as to draw a minimum of vehicular traffic to and through local streets in nearby residential areas;

(b)        such use has adequate reservoir space at the vehicular entrance to accommodate a minimum of 10 automobiles or 20 percent of the spaces so provided, whichever amount is less; and

(c)        where any floor space is exempted from the definition of floor area, such additional floor space is needed in order to prevent excessive on-street parking demand and relieve traffic congestion.

Except in the case of buildings that are unsafe and the demolition of which is required pursuant to the provisions of Chapter 26, Title C, Part I, Article 8, or its successor, of the New York City Administrative Code, no demolition permit shall be issued by the Department of Buildings for any development within the Subdistrict until:

(a)        the owner of the property has obtained a building application approval for the new development or enlargement; and

(b)        the owner shall have presented evidence of having a commitment from a domestic bank, insurance company or real estate investment company, for construction financing, which shall be in the form of a letter trust.

In order to support a concentration of cultural uses and public open spaces in the C6-2 District bounded by Flatbush Avenue, Hanson Place, St. Felix Street and Lafayette Avenue, for buildings intended to be occupied in whole or in part by cultural uses, the City Planning Commission may permit the maximum community facility floor area ratio to be increased from 6.5 to 7.0, may permit modifications of the special street wall location regulations of Section 101-41, and the height and setback regulations of Section 23-641 as applied to the residential portion of a building, and modifications of applicable sign regulations in accordance with this Section.

For the purposes of this Section, “cultural use” shall be defined as public or non-profit libraries, theaters, museums, visual or performing arts spaces, or art, music, dance, theatrical studios or other comparable uses and space occupied by such cultural use shall qualify as community facility floor area.

In order to grant such special permit, the conditions of paragraph (a) and the findings of paragraph (b) of this Section shall be met. In addition, special regulations pertaining to the certificate of occupancy of such building shall apply as set forth in paragraph (c).

(a)        Conditions

(1)        A letter from the Office of the Mayor shall be submitted certifying that:

(i)        a preliminary agreement has been executed providing for a cultural facility consisting of at least 40,000 square feet of interior gross square feet in the building to be transferred for cultural uses and for the construction of the core and shell of such cultural facility by the applicant; and  

(ii)        floor plans have been provided to the Office of the Mayor which demonstrate that the cultural facility is well-suited for cultural uses; and  

(2)        A legal commitment in the form of a declaration of restrictions shall be executed and delivered to the City for recording upon the approval of the permit, restricting use of the floor area to be occupied by cultural uses to cultural use for the life of the related development, provided that in the event the majority of the zoning lot containing such floor area is in the ownership of a not-for-profit corporation under contract with the City to provide economic development services at the time of the grant of such permit, execution and recordation of such declaration of restrictions shall be made at the time of the transfer of ownership of the majority of such zoning lot for purposes of facilitating the related development.

(b)        In order to grant such permit, the Commission shall find that:

(1)        the building, including such cultural uses, is designed and arranged on the zoning lot in a manner that results in ample visibility of and access to the cultural uses from surrounding streets;

(2)        any street wall modifications will facilitate access to open space on the lot and result in a development that activates the pedestrian environment;

(3)        any bulk modifications will result in a better distribution of bulk on the zoning lot by providing for increased light and air to open space on the zoning lot;

(4)        the appearance of bulk is minimized through an enhanced articulation of the base and tower elements of the building, an enhanced relationship between the building and the open space on the zoning lot, and an enhanced amount and arrangement of the fenestration of the building; and

(5)        any modifications to sign regulations will result in greater visibility for the cultural uses provided on the zoning lot.

The Commission may prescribe appropriate additional conditions and safeguards in order to enhance the character of the development and to minimize adverse effects on the character of the surrounding area.

(c)        Certificate of occupancy

The Commissioner of Buildings shall not issue a temporary or permanent certificate of occupancy for more than an amount of floor area in the building equal to the floor area to be occupied by non-cultural uses minus 40,000 square feet of floor area unless the Department of Buildings has received a letter from the Office of the Mayor certifying that a deed transferring ownership of a majority of the zoning lot has been recorded and that such deed or other recorded document provides for:

(1)        the construction by transferee of the core and shell of the cultural facility described in paragraph (a)(1)(i) of this Section;

(2)        the creation of a condominium unit for such cultural facility and the transfer of ownership thereof to the City; and

(3)        a right of the transferor to re-enter and re-acquire the zoning lot should the applicant fail to complete the construction of the core and shell of the cultural facility.

Should the certification by the Office of the Mayor not be issued within 30 days of the recording of the deed or other document with the stated provisions, a copy of such deed or document may be provided to the Department of Buildings in satisfaction of such certification.

In C6-9 Districts within the Special Downtown Brooklyn District, mapped after March 13, 2019, for developments or enlargements on irregular sites, the City Planning Commission may modify underlying bulk regulations, other than floor area ratio, provided that no Use Group 5 use shall be permitted in any portion of the building receiving such modifications, and:

(a)        there are physical conditions, including irregularity, narrowness or shallowness of lot shape or size that create practical difficulties in complying with the bulk regulations and would adversely affect the building configuration or site plan;

(b)        the practical difficulties of developing on the zoning lot have not been created by the owner or by a predecessor in title;

(c)        the proposed modifications are limited to the minimum needed to relieve such difficulties;

(d)        the proposed modifications will not unduly obstruct access of light and air to adjoining properties or streets; and

(e)        the proposed scale and placement of the development or enlargement relates harmoniously with the surrounding area.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area and to improve the quality of the site configuration.

Appendix A

Atlantic Avenue Subdistrict: Buildings Conforming to the Specified Building Type

The following is a list of addresses of buildings within the Atlantic Avenue Subdistrict of the Special Downtown Brooklyn District that conform to the definition of specified building type contained in Section 101-702.

 

Block 176

Atlantic Avenue (NS): 305, 311, 313, 315, 317, 321, 323, 325, 327, 329

 

Block 177

Atlantic Avenue (NS): 347, 349, 351, 355, 365-7, 369, 371, 373, 375, 377, 377A, 385, 387, 389, 395

Hoyt Street (ES): 75, 77

 

Block 178

Atlantic Avenue (NS): 405, 407, 409

 

Block 179

Atlantic Avenue (NS): 455, 457, 477, 479, 481, 483, 485, 487, 491, 495, 497, 499, 501

Third Avenue (ES): 31-31A

 

Block 180

Atlantic Avenue (NS): 565, 567, 569, 571, 573

Times Plaza: 2, 6, 8, 10, 12

Flatbush Avenue: 112, 114, 116, 118, 122

 

Block 181

Atlantic Avenue (SS): 214, 220, 228, 232, 234

 

Block 182

Atlantic Avenue (SS): 294, 296, 298, 300, 302, 304-6, 308, 320, 322, 324, 326, 334, 336, 338, 340

 

Block 183

Atlantic Avenue (SS): 348, 352, 356, 358, 360, 362, 364-64A, 370, 372, 374, 376, 378, 380, 394, 396, 398, 400, 402

 

Block 184

Atlantic Avenue (SS): 404, 406, 408, 410, 412, 414, 416, 418, 420, 426, 442, 444, 446, 448, 450

 Block 185

Atlantic Avenue (SS): 490, 492, 514

 

Block 186

Atlantic Avenue (SS): 558, 560

 

Block 278

Atlantic Avenue (SS): 278, 290

Court Street (ES): 141, 143, 145

(SS) - south side

(NS) - north side

(ES) - east side

Appendix B

Atlantic Avenue Subdistrict: Storefronts Conforming to the Specified Storefront Type

The following list of addresses of buildings within the Atlantic Avenue Subdistrict of the Special Downtown Brooklyn District that contain storefronts conforming to the definition of specified storefront type contained in Section 101-702.

 

Block 177

Atlantic Avenue (NS): 371, 375, 377, 377A

Hoyt Street (ES): 75, 77

 

Block 178

Atlantic Avenue (NS): 405, 407, 409

 

Block 179

Atlantic Avenue (NS): 483, 501, (easterly of 2 storefronts)

 

Block 181

Atlantic Avenue (SS): 232

 

Block 182

Atlantic Avenue (SS): 302 (westerly of 2 storefronts), 322, 340

 

Block 183

Atlantic Avenue (SS): 358, 360, 362, 364-364A, 370, 372, 394, 396, 398, 402

 

Block 189

Atlantic Avenue (SS): 404, 406, 408, 410, 412, 416, 420, 426

 

Block 185

Atlantic Avenue (SS): 492

 

Block 278

Atlantic Avenue (SS): 278

(SS) - south side

(NS) - north side

(ES) - east side

Appendix C

Atlantic Avenue Subdistrict: Permitted Wall Finishes for Street Walls

Brick: New brick shall be red or dark brown, unglazed, with normal variation in color permitted. Existing brick shall either be cleaned and left unfinished or painted one of the colors listed below.

Stucco: Stucco shall have a smooth troweled finish and shall be painted one of the colors listed below.

Stone: Stone shall be left natural or painted one of the colors listed below.

Paint Colors: Paints shall be limited to the colors listed.

White Limestone 

Red Brick

Green

Blue

Light Yellow

Dark Yellow

Appendix D

Atlantic Avenue Subdistrict: Permitted Trim Finishes (for storefronts, cornices, window sash, shutters or trim)

Wood: All wood should be painted one or more of the colors listed below.

Metal: All metal should be painted one or more of the colors listed below, except that aluminum may have a dark bronze or black duranodic finish.

Paint Colors: Paints shall be limited to the colors listed, and should be of the semi-gloss low luster variety.

White Cream

Dark Red

Ochre

Dark Blue

Dark Brown

Appendix E

Special Downtown Brooklyn District Maps

        

Map 1 — Special Downtown Brooklyn District and Subdistricts (10/31/17)

Zoning Resolutions Chapter 1: Special Downtown Brooklyn District Appendix E.0

        

Map 2 — Ground Floor Retail Frontage (10/17/18)

Zoning Resolutions Chapter 1: Special Downtown Brooklyn District Appendix E.1


        Map 3 — Ground Floor Transparency Requirements (10/31/17)

Zoning Resolutions Chapter 1: Special Downtown Brooklyn District Appendix E.2

        

Map 4 — Street Wall Continuity and Mandatory Sidewalk Widenings (10/31/17)

Zoning Resolutions Chapter 1: Special Downtown Brooklyn District Appendix E.3


Map 5 — Curb Cut Restrictions (10/31/17)

Zoning Resolutions Chapter 1: Special Downtown Brooklyn District Appendix E.4


        Map 6 — Height Limitation Areas (10/31/17)

Zoning Resolutions Chapter 1: Special Downtown Brooklyn District Appendix E.5


        Map 7 — Subway Station Improvement Areas (10/31/17)

Zoning Resolutions Chapter 1: Special Downtown Brooklyn District Appendix E.6

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