64-90 Special Approvals
64-91 Modification of Certain Certification Requirements in the Special South Richmond Development District
The provisions of this Section shall apply without requiring a building to comply with flood-resistant construction standards as established in paragraph (a) of Section 64-12 (Applicability).
In the Special South Richmond Development District, Sections 107-22 (Designated Open Space), inclusive, and 107-23 (Waterfront Esplanade) shall not apply to the reconstruction or repair of buildings that were damaged due to the effects of Hurricane Sandy, provided that:
(a) the dimensions of the building footprint are no greater than the footprint that existed on October 28, 2012; and
(b) there is no increase in impervious surfaces on the zoning lot.
In addition, the provisions of Section 107-22, inclusive, shall not apply to a site alteration that is not a development or enlargement where the Commissioner of Buildings determines it is the minimum necessary to enable the reconstruction of a building.
These provisions shall not affect the terms of a certification previously made by the City Planning Commission. The provisions of this Section shall apply to buildings that are the subject of an application for approval of construction documents that has been approved by the Department of Buildings no later than one year after the adoption of new final Flood Insurance Rate Maps that supersede the maps in effect on October 28, 2012. Construction pursuant to such approval may continue until a date six years after the adoption of such superseding Flood Insurance Rate Maps. After such date, the vesting provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) shall apply as if the change in flood map were a change in provisions of the Zoning Resolution.
In order to allow for the alteration of existing buildings in compliance with flood-resistant construction standards and for developments and enlargements in compliance with flood-resistant construction standards, the Board of Standards and Appeals may permit modification of Section 64-60 (DESIGN REQUIREMENTS), the bulk regulations of Sections 64-30, 64-40 (SPECIAL BULK REGULATIONS FOR BUILDINGS EXISTING ON OCTOBER 28, 2012) and 64-70 (SPECIAL REGULATIONS FOR NON-CONFORMING USES AND NON-COMPLYING BUILDINGS), as well as all other applicable bulk regulations of the Zoning Resolution, except floor area ratio regulations, provided the following findings are made:
(a) that there would be a practical difficulty in complying with flood-resistant construction standards without such modifications, and that such modifications are the minimum necessary to allow for an appropriate building in compliance with flood-resistant construction standards;
(b) that any modification of bulk regulations related to height is limited to no more than 10 feet in height or 10 percent of permitted height as measured from flood-resistant construction elevation, whichever is less; and
(c) the proposed modifications will not alter the essential character of the neighborhood in which the building is located, nor impair the future use or development of the surrounding area in consideration of the neighborhood's potential development in accordance with flood-resistant construction standards.
The Board may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.