62-12 Applicability to Developments in the Waterfront Area

Within the waterfront area, all developments on zoning lots within waterfront blocks shall be subject to all provisions of this Chapter, unless stated otherwise. Developments on other zoning lots within the waterfront area shall be subject to the regulations of this Chapter only when part of a large-scale development, any portion of which is within a waterfront block, or when on zoning lots located in an area designated as part of a Waterfront Access Plan in accordance with Section 62-90 (WATERFRONT ACCESS PLANS). The provisions of this Chapter shall not be deemed to supersede or modify the regulations of any State or Federal agency having jurisdiction on affected properties.

(a)        Any development approved by special permit or authorization of the City Planning Commission or any zoning lot subject to a restrictive declaration in conjunction with a land use action by the Commission and City Council, or former Board of Estimate, as applicable, prior to October 25, 1993, may be started or continued pursuant to such special permit, authorization or the terms of such restrictive declaration.

Notwithstanding the provisions of this Chapter except as set forth in paragraphs (a)(1) through (a)(6) of this Section, the Commission may authorize modifications of such special permit or authorization, or the terms of a restrictive declaration may be modified by the Commission and, if applicable, the City Council, provided such modifications do not:

(1)        increase the height or lot coverage of any building in a waterfront block beyond the maximum set forth in Section 62-30 (SPECIAL BULK REGULATIONS);

(2)        extend the location of the exterior walls of any building within a waterfront block above the maximum base height for the district as set forth in Section 62-34 (Height and Setback Regulations on Waterfront Blocks);

(3)        increase the total floor area on any zoning lot within a waterfront block beyond the amount approved prior to October 25, 1993;

(4)        result in the obstruction of a required visual corridor or increase any existing obstruction of such visual corridor;

(5)        increase the size of a pier or platform or the size of any building or other structure on a pier or platform approved prior to October 25, 1993; or

(6)        involve a change that would create a requirement for public access or visual corridors without providing such public access or visual corridors in accordance with the provisions of Section 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS).

(b)        Developments for which an application for certification pursuant to this Chapter was filed prior to April 22, 2009 may be continued pursuant to the regulations of this Chapter in effect at the time of such filing.

(c)        Design changes to a previously certified application, including applications certified pursuant to paragraph (b) of this Section, may be made only upon further certification by the Chairperson of the Commission that such changes would not increase the degree of non-compliance or would result in a greater level of compliance with this Chapter.

(d)        Developments for which an application for authorization or special permit pursuant to this Chapter was filed prior to April 22, 2009 may be continued pursuant to the regulations of this Chapter in effect at the time of such filing.

(e)        Developments for which an application for an authorization or special permit, other than an authorization or special permit pursuant to this Chapter, was filed prior to April 22, 2009, may be continued pursuant to the terms of such authorization or special permit and, to the extent not modified under the terms of such authorization or special permit, shall be subject to the regulations of this Resolution that were in effect at the time such authorization or special permit was granted.