137-50 Special Requirements for Developments and Enlargements

In Special Coastal Risk District 3, no development or horizontal enlargement shall occur, except where authorized by the City Planning Commission pursuant to Sections 137-51 (Authorization for Development of Single Buildings and Enlargements) or 137-52 (Authorization for Development of Multiple Buildings), as applicable.

For the purposes of determining which authorization shall be applicable, the zoning lot upon which the development shall occur shall be considered to be a tract of land that existed under separate ownership from all adjoining tracts of land on April 24, 2017.

For the purposes of such authorizations, the alteration of any existing building resulting in the removal of more than 75 percent of the floor area and more than 25 percent of the perimeter walls of such existing building, and the replacement of any amount of floor area, shall be considered a development.

The provisions of Section 137-50, inclusive, shall not apply to the reconstruction of any building that was damaged to the extent of 50 percent or more due to the effects of Hurricane Sandy, as defined in Article VI, Chapter 4 (Special Regulations Applying in Flood Hazard Areas), or to the reconstruction of a garage accessory to a single-family residence or two-family residence.

The provisions of Section 64-92 (Special Permit for Modification of Certain Zoning Regulations) shall be inapplicable to a building that is developed pursuant to this Section, inclusive.

The City Planning Commission may authorize a horizontal enlargement, or a development consisting of no more than one building containing a non-accessory use, on one or more zoning lots, and may modify the bulk regulations of the underlying district, except floor area ratio regulations, provided that:

(a)        the site plan, to the extent practicable, minimizes the need for new paving and impervious surfaces upon the zoning lot;

(b)        the site plan provides access to the new or enlarged building using streets that were improved and open to traffic on the date of application for an authorization, and which serve other occupied buildings;

(c)        the site plan, to the extent practicable, minimizes adverse effects on wetlands, planned open space, drainage, or other functions in the surrounding area;

(d)        the resulting building and other site improvements would not impair the essential ecological character of the surrounding area for its future use as open space;

(e)        the site plan and resulting building incorporate such measures as are reasonable to minimize risks to public safety from natural hazards such as flooding and wildfires; and

(f)        where the Commission is modifying bulk regulations, such modifications are the minimum necessary to protect, or provide buffering from, wetlands or wetland-adjacent areas.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.

The City Planning Commission may authorize a development consisting of more than one building on one or more zoning lots, and may modify the bulk regulations of the underlying district, except floor area ratio regulations, provided that:

(a)        all zoning lots comprising such development together provide a minimum of 9,500 square feet of lot area per building, where no portion of such lot area shall contain delineated wetland on a wetland survey reviewed by the New York State Department of Environmental Conservation (NYSDEC). Such review by the NYSDEC shall have occurred no more than two years prior to the date of application for this authorization;

(b)        the development satisfies the findings of paragraphs (a) through (e) of Section 137-51 (Authorization for Development of Single Buildings and Enlargements);

(c)        where the Commission is modifying bulk regulations, such modifications shall:

(1)        facilitate the configuration of buildings in order to protect, or provide buffering from, adjacent wetlands, open space and natural resources;

(2)        facilitate, to the extent practicable, the configuration of buildings in proximity to the location of existing buildings within the area;

(3)        limit the need for new paving and impermeable surfaces; and

(4)        be consistent with the scale and character of the surrounding area.

The Commission may prescribe additional conditions and safeguards to minimize adverse effects on the character of the surrounding area.