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Chapter 2 Special Enhanced Commercial District (EC)
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132-00 General Purposes
The "Special Enhanced Commercial District," established in this Resolution, is designed to promote and protect public health, safety and general welfare. These general goals include, among others, the promotion and maintenance of a lively and engaging pedestrian experience along commercial avenues and the following specific purposes:
- in "Special Enhanced Commercial District" 1, to enhance the vitality of emerging commercial districts ensuring that a majority of the ground floor space within buildings is occupied by commercial establishments that enliven the pedestrian experience along the street;
- in "Special Enhanced Commercial District" 2, to enhance the vitality of well-established commercial districts by ensuring that ground floor frontages continue to reflect the multi-store character that defines such commercial blocks;
- in "Special Enhanced Commercial District" 3, to enhance the vitality of well-established commercial districts by limiting the ground floor presence of inactive street wall frontages;
- in "Special Enhanced Commercial District" 4, to enhance the vitality of commercial districts by limiting the ground floor presence of inactive street wall frontages;
- in "Special Enhanced Commercial District" 5, to enhance the vitality of emerging commercial districts by limiting the ground floor presence of inactive street wall frontages;
- in "Special Enhanced Commercial District" 6, to enhance the vitality of well-established commercial districts by ensuring that ground floor frontages continue to be occupied by active uses that enliven the pedestrian experience along the street; and
- to promote the most desirable use of land in the area and thus preserve, protect and enhance the value of land and buildings and thereby protect City tax revenues.
132-10 General Provisions
The provisions of this Chapter shall apply to all buildings with street frontage along a designated commercial street.
The regulations of all other Chapters of this Resolution are applicable, except as superseded, supplemented or modified by the provisions of this Chapter.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. However, for transit-adjacent sites or qualifying transit improvement sites, in the event of a conflict between the provisions of this Chapter and the provisions of Article VI, Chapter 6 (Special Regulations Applying Around Mass Transit Stations), the provisions of Article VI, Chapter 6 shall control. For the purposes of this paragraph, defined terms additionally include those in Section 66-11 (Definitions).
132-11 Special Enhanced Commercial Districts Specified
The Special Enhanced Commercial District is mapped in the following areas:
- Special Enhanced Commercial District 1
The Special Enhanced Commercial District 1 (EC-1) is established on November 29, 2011, on the following designated commercial streets as indicated on zoning maps 16c and 16d:- Fourth Avenue, in the Borough of Brooklyn, generally between 25th Street and 15th Street, and Pacific Street and Atlantic Avenue.
- Special Enhanced Commercial District 2
The Special Enhanced Commercial District 2 (EC-2) is established on June 28, 2012, on the following designated commercial streets as indicated on zoning maps 5d and 8c:- Amsterdam Avenue, in the Borough of Manhattan, generally between West 73rd and West 110th Streets; and
- Columbus Avenue, in the Borough of Manhattan, generally between West 72nd and West 87th Streets.
- Special Enhanced Commercial District 3
The Special Enhanced Commercial District 3 (EC-3) is established on June 28, 2012, the following designated commercial streets as indicated on zoning maps 5d and 8c:- Broadway, in the Borough of Manhattan, generally between West 72nd and West 110th Streets.
- Special Enhanced Commercial District 4
The Special Enhanced Commercial District 4 (EC-4) is established on October 11, 2012, the following designated commercial streets as indicated on zoning maps 13b and 17a:- Broadway, in the Borough of Brooklyn, on the south side of the street generally between Sumner Place and Monroe Street.
- Special Enhanced Commercial District 5
The Special Enhanced Commercial District 5 (EC-5) is established on April 20, 2016, on the following designated commercial streets as indicated on zoning map 17c:- Atlantic Avenue, in the Borough of Brooklyn, generally between Sheffield Avenue and Euclid Avenue;
- Pitkin Avenue, in the Borough of Brooklyn, generally between Sheffield Avenue and Crescent Avenue;
- Fulton Street, in the Borough of Brooklyn, generally between Eastern Parkway and Van Sinderen Avenue; and
- Pennsylvania Avenue, in the Borough of Brooklyn, generally between Fulton Street and Atlantic Avenue.
- Special Enhanced Commercial District 6
The Special Enhanced Commercial District 6 (EC-6) is established on April 20, 2016, on the following designated commercial streets as indicated on zoning map 17c:- Fulton Street, in the Borough of Brooklyn, between Sheffield Avenue and Euclid Avenue.
132-12 Definitions
Designated commercial street
For the purposes of this Chapter, a "designated commercial street" shall be the portion of those streets specified in Section 132-11.
Ground floor level
For the purposes of this Chapter, "ground floor level" shall mean a building's lowest story located within 30 feet of the building's street wall along a designated commercial street.
132-13 Applicability of Special Use, Transparency, Street Wall and Parking Regulations
The special use, transparency, street wall and parking regulations of this Chapter shall apply to buildings in Special Enhanced Commercial Districts as designated in the following table, except as otherwise provided in Sections 132-21, 132-31 and 132-41.
SPECIAL REGULATIONS FOR ENHANCED COMMERCIAL DISTRICTS
Special Enhanced Commercial District | Mandatory Ground Floor Use Regulations | |||
Minimum Percentage of Commercial Uses (132-22(a)) | Mandatory Non-Residential Uses (132-22(b)) | Other Permitted Uses (132-22(c)) | Minimum Number of Establishments (132-23) | |
EC — 1 (Fourth Avenue, Brooklyn) | x | x | ||
EC — 2 (Columbus & Amsterdam Avenues, Manhattan) | x | |||
EC — 3 (Broadway, Manhattan) | ||||
EC — 4 (Broadway, Brooklyn) | x | x | ||
EC — 5 (Atlantic Avenue, Pitkin Avenue, Pennsylvania Avenue and Fulton Street, Brooklyn) | x | x | ||
EC — 6 (Fulton Street, Brooklyn) | x | x | ||
Special Enhanced Commercial District | Supplemental Ground Floor Use Regulations | |||
Banks and Loan Offices (132-24(a)) | Other Non-Residential Establishments (132-24(b)) | Ground Floor Lobbies (37-33(a)(1)) | Ground Floor Transparency (132-32) | |
EC — 1 (Fourth Avenue, Brooklyn) | x | x | ||
EC — 2 (Columbus & Amsterdam Avenues, Manhattan) | x | x | x | x |
EC — 3 (Broadway, Manhattan) | x | x | x | |
EC — 4 (Broadway, Brooklyn) | x | x | ||
EC — 5 (Atlantic Avenue, Pitkin Avenue, Pennsylvania Avenue and Fulton Street Brooklyn) | x | x | ||
EC — 6 (Fulton Street, Brooklyn) | x | x | ||
Special Enhanced Commercial District | Street Wall Location (132-33) | Parking Regulations | |
Location of Parking Spaces (132-42) | Curb Cuts (132-43) | ||
EC — 1 (Fourth Avenue, Brooklyn) | x | x | |
EC — 2 (Columbus and Amsterdam Avenues, Manhattan) | |||
EC — 3 (Broadway, Manhattan) | |||
EC — 4 (Broadway, Brooklyn) | x | x | |
EC — 5 (Atlantic Avenue, Pitkin Avenue, Pennsylvania Avenue and Fulton Street, Brooklyn) | x | x | |
EC — 6 (Fulton Street, Brooklyn) | x | x | x |
132-20 Special Use Regulations
The special use regulations of this Section, inclusive, shall apply to buildings in the Special Enhanced Commercial Districts designated in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations), except as otherwise provided in Section 132-21 (Applicability of Use Regulations).
In all Special Enhanced Commercial Districts:
- the finished floor of the ground floor level, for developments or ground floor level enlargements, shall be located not higher than two feet above, nor lower than two feet below, the as-built level of the adjacent sidewalk along a designated commercial street; and
- where regulations apply to existing buildings in Special Enhanced Commercial Districts 2 and 3, constructed prior to June 28, 2012, the finished floor of the ground floor level shall be located not higher than five feet above, nor lower than five feet below, the as-built level of the adjacent sidewalk along a designated commercial street.
132-21 Applicability of Use Regulations
In Special Enhanced Commercial Districts, the applicable special use provisions set forth in Section 132-13 (Applicability of Special Use, Transparency, Street Wall and Parking Regulations) shall apply as follows:
- Special Enhanced Commercial Districts 1, 4, 5 and 6
In the Commercial Districts located within Special Enhanced Commercial Districts 1, 4, 5 and 6, the applicable special use provisions indicated in the table in Section 132-13 shall apply to developments and to buildings enlarged on the ground floor level, where such ground floor level fronts upon a designated commercial street, except that such provisions shall not apply to zoning lots with a width of less than 20 feet, as measured along the street line of the designated commercial street, provided such zoning lot existed on:- November 29, 2011, in Special Enhanced Commercial District 1;
- October 11, 2012, in Special Enhanced Commercial District 4;
- April 20, 2016, in Special Enhanced Commercial District 5; and
- April 20, 2016, in Special Enhanced Commercial District 6.
- Special Enhanced Commercial Districts 2 and 3
In Special Enhanced Commercial Districts 2 and 3, the applicable special use provisions indicated in the table in Section 132-13 shall apply to all buildings with frontage along a designated commercial street, except that such provisions shall not apply to:- the portion of a ground floor level of a building containing a commercial use continuously existing since June 28, 2012, where the average depth of such commercial use is less than 30 feet, as measured from the street wall of the building fronting upon the designated commercial street;
- any establishment which has been lawfully issued a building permit on or before June 28, 2012, authorizing "other construction," as set forth in paragraph (c)(3) of Section 11-31 (General Provisions), that would create a street wall width exceeding the maximum street wall width set forth in Section 132-24, provided that such "other construction" is completed by December 28, 2012. However, where such establishment is located within a landmark building or within an Historic District designated by the Landmarks Preservation Commission, and a completed application has been filed at the Landmarks Preservation Commission on or before June 28, 2012, such "other construction" shall be completed within six months after a Certificate of Appropriateness or other permit approving the building design was obtained from the Landmarks Preservation Commission.
In the event that such "other construction" has been commenced but not completed before the applicable date set forth in this paragraph (b)(2), the building permit shall automatically lapse and the right to continue construction shall terminate. An application to renew the building permit may be made to the Board of Standards and Appeals not more than 30 days after the lapse of such building permit. The Board may renew the building permit pursuant to the provisions set forth in paragraph (b) of Section 11-332 (Extension of period to complete construction); and - in Special Enhanced Commercial District 2, the portion of a ground floor level of a building containing a food store, as listed in Use Group 6A, where at least 6,000 square feet of floor area, or cellar space utilized for retailing, is utilized for the sale of a general line of food and non-food grocery products, such as dairy, canned and frozen foods, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, intended for home preparation, consumption and utilization. Such retail space utilized for the sale of a general line of food and non food grocery products shall be distributed as follows:
- at least 3,000 square feet or 50 percent of such retail space, whichever is greater, shall be utilized for the sale of a general line of food products intended for home preparation, consumption and utilization; and
- at least 2,000 square feet or 30 percent of such retail space, whichever is greater, shall be utilized for the sale of perishable goods that shall include dairy, fresh produce, frozen foods and fresh meats, of which at least 500 square feet of such retail space shall be designated for the sale of fresh produce.
132-211 Non-Conforming Uses
In Special Enhanced Commercial Districts 2 and 3, the regulations of Article V, Chapter 2, shall be modified, as follows:
- For the purposes of this Chapter, non-conforming uses shall include ground floor level uses exceeding the applicable maximum street wall widths set forth in Section 132-24.
- Any ground floor level use with a non-conforming street wall width may be continued or changed to another use permitted by the applicable district regulations, provided that such change of use does not create a new non-conformance or increase the degree of non-conformance with regard to the permitted street wall width of such proposed use. The discontinuance provisions of Section 52-60 shall not apply to such change of use within establishments with non-conforming street wall widths.
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