62-52 - Applicability of Waterfront Public Access Area Requirements

LAST AMENDED
6/6/2024

Waterfront public access shall be provided for all #waterfront zoning lots# with a #lot area# of at least 10,000 square feet and a #shoreline# of at least 100
feet that are #developed#, and for all #developments# on #floating structures#, in accordance with the provisions of the following Sections:

Section 62-53 (Requirements for Shore Public Walkways)



Section 62-54 (Requirements for Public Access on Piers)



Section 62-55 (Requirements for Public Access on Floating Structures)



Section 62-56 (Requirements for Upland Connections)



Section 62-57 (Requirements for Supplemental Public Access Areas).



However, #zoning lots# with #developments# listed in paragraph (a) of this Section shall be exempted from #waterfront public access area# requirements;
#zoning lots# with #developments# listed in paragraph (b) of this Section shall provide a #waterfront public access area# only as referenced therein.

(a)    The following shall be exempted from #waterfront public access area# requirements:



        airports, heliports, seaplane bases;



        #developments# comprised of #predominantly# WD #uses#, except as set forth in paragraph (b)(1) of this Section;



        #developments# in C8 or #Manufacturing Districts#, comprised of #predominantly# #uses# listed under Use Groups IV(B), IX or X, except as set
        forth in paragraph (b)(2) of this Section;



        #developments# in R1 or R2 Districts;



        #developments# comprised of #single-# or #two-family residences# within #detached#, #semi-detached# or #zero lot line buildings# in any
        district;



        #developments# in R3, R4, R5, C3 or C4-1 Districts and in C1 or C2 Districts mapped within R1 through R5 Districts, comprised of
        #predominantly# #residential uses#;
       #enlargements# which in the aggregate involve an increase in #floor area# (or for open #uses#, #lot area#) of less than 50 percent of the amount
       existing on the #zoning lot# on October 25, 1993, and not more than 20,000 square feet;



       #extensions# which in the aggregate involve an increase in the amount of #floor area# occupied by such existing #uses# of less than 50 percent of
       the amount existing on October 25, 1993, and not more than 20,000 square feet;



       changes of #use#, from exempt #uses#, as listed in this Section, to non-exempt #uses#, where the aggregate amount of #floor area# or #lot area#
       involved is less than 50 percent of the amount existing on October 25, 1993, and not more than 20,000 square feet;

(b)   #Waterfront public access areas# required in conjunction with the following #developments# shall be subject to the minimum #waterfront public
       access area# set forth in the table in Section 62-57 and the requirements of Section 62-58 (Requirements for Water-Dependent Uses and Other
       Developments):



       (1)    #developments# comprised #predominantly# of the following WD #uses#: docks for non-commercial pleasure boats, ferries, sightseeing,
               excursion or sport fishing vessels, #boatels# or commercial beaches;



       (2)    #developments# on #piers# or #platforms# that involve existing #buildings or other structures# that are either New York City-designated
               landmarks or have been calendared for consideration, or are listed or eligible to be listed in the National or New York State Registers of
               Historic Places; or



       (3)    changes of #use# or #extensions# within #buildings# existing on October 25, 1993, which involve, in aggregate, an amount of #floor area#
               that is less than 30 percent of the maximum #floor area# permitted on the #zoning lot# for either #commercial# or #residential use#,
               whichever is greater.



       In Community District 1 in the Borough of Brooklyn, on #zoning lots# with #developments# comprised exclusively of docks for ferries with a
       vessel capacity of up to 399 passengers, and #accessory# amenities for such docking facilities, such #zoning lots# shall be exempt from the
       #waterfront public access area# requirements of this Section, provided that such docking facilities are certified by the Chairperson of the City
       Planning Commission, pursuant to Section 62-813 (Docking facilities for ferries or water taxis in certain waterfront areas). However, for any
       subsequent #development# on such #zoning lot# that is not comprised exclusively of docks for ferries, the public access requirements of this
       Section shall apply, and any public access exemptions for such docks for ferries shall no longer apply.