101-60 Fulton Mall Subdistrict
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.
Any erection of a new sign, or alteration (including a change in graphic representation on an existing sign), reconstruction or replacement of an existing sign, shall be subject to the special sign regulations of this Section, inclusive.
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:
symbol or logo;
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:
signs located more than 40 feet above curb level;
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.
The parking regulations of Section 101-50 (OFF-STREET PARKING AND OFF-STREET LOADING REGULATIONS) shall apply, except as set forth in this Section, inclusive.
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).