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the provisions of Sections 23-154 (Inclusionary Housing) and 23-90 (INCLUSIONARY HOUSING), shall apply, except as superseded, supplemented or modified by the provisions of this Chapter.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 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 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 23-623 (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

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

(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.

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.

Section 74-194 (Public 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.

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.

(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.

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.

When a change of use or occupancy occurs within the Fulton Mall Subdistrict, all signs pertaining to the previous use or occupancy shall be removed within 45 days of the date such change takes place.

"For sale" or "for rent" signs, with an area not exceeding 12 square feet, are permitted.

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 to, or reconstruction of, the facade of an existing building shall be subject to the regulations of this Section, inclusive, but only to the extent of such work.

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 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 the ground floor level streetscape provisions of Section 101-11 (Special Ground Floor Use Regulations) 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. 

(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.

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.