Special Ground Floor Use 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 the continuation of Prince Street. 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.