62-835 - Developments on piers or platforms

LAST AMENDED
12/5/2024

In all districts, the City Planning Commission may permit:

(a)   a change of #use# on a #new pier# or #new platform# from a WD #use# or playground or publicly accessible private park, to any other WE #use#
       permitted by the applicable district regulations and, in conjunction with such change of #use#, modification of the #bulk# regulations of Section
       62-30 for an existing #building#, except for Section 62-31, paragraph (a), or the maximum #floor area ratio#, provided the Commission finds
       that:

        (1)    existing permitted WD #uses# and open WE #uses# on the #pier# or #platform# have been discontinued for a continuous period of at least
                two years immediately prior to the date of application;

        (2)    the proposed WE #use# will significantly enhance public use and enjoyment of the waterfront;

        (3)    there is no increase in #water coverage#; and

        (4)    in the case of modification of #bulk# regulations for an existing #building#, findings (b)(3) through (b)(6) of this Section are also met.
                Finding (b)(4) shall also include #platforms# within the #seaward lot#.

(b)    for an #existing pier#, any #use# permitted by the applicable district regulations and modifications of the provisions of Sections 62-332 (Rear
        yards and waterfront yards) and 62-344 (Developments on piers), provided the Commission finds that:

        (1)    the facility is so designed as to significantly enhance public use and enjoyment of the waterfront;

        (2)    #accessory# parking or loading facilities provided in conjunction with such #uses# are arranged and designed so as to not adversely impact
                public access areas anywhere on the #zoning lot#;

        (3)    the proposed #development# does not violate the #bulk# provisions of Section 62-34 (Height and Setback Regulations on Waterfront
                Blocks);

        (4)    within the #seaward lot#, the ratio of #floor area# on the #pier# to #water coverage# of the #pier# does not exceed the maximum #floor
               area ratio# for the #use# as set forth in the district regulations;

        (5)    such #bulk# modifications would not unduly obstruct the light and air or waterfront views of neighboring properties; and

        (6)    such modifications will not adversely affect the essential character, use or future growth of the waterfront and the surrounding area.

(c)   for #piers#, modification of the #waterfront public access area# and #visual corridor# requirements of Sections 62-50 and 62-60, provided the
       Commission finds that:

        (1)    the proposed #development# would result in better achievement of the goals set forth in Section 62-00 than would otherwise be possible
                by strict adherence to the regulations of Sections 62-50 and 62-60, inclusive; and

        (2)    an alternative #waterfront public access area# and #visual corridors# on the #zoning lot#, or off-site on a public property adjacent to the
                #zoning lot#, are provided that are substantially equal in area to that required and, by virtue of their location and design, provide
                equivalent public use and enjoyment of the waterfront and views to the water from upland #streets# and other public areas.

        In the event that the Commission determines there is no feasible way to provide substantially equal alternative public access areas, either on the
        #zoning lot# or off-site on an adjoining public property or to provide substantially equal alternative #visual corridors#, the Commission may
        authorize a reduction or waiver of the requirements.

The Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the waterfront and the
surrounding area, including requirements for setbacks from #lot lines#, spacing from other #buildings# on the same or adjoining #zoning lots#,
limitations on lighting and signage and limitations on size of individual establishments.