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What is NYC ZR § 62-58?

Quick Answer

This section mandates that waterfront zoning lots developed with specified uses provide a minimum waterfront public access area. The access area must allow public viewing of the water and comply with additional design standards. Applies to developers of waterfront properties requiring public access areas.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 62-58 Requirements for Water-Dependent Uses and Other Developments

ZR § 62-58

Waterfront zoning lots that are developed with uses listed in paragraph (b) of Section 62-52 (Applicability of Waterfront Public Access Area Requirements) shall provide a minimum amount of waterfront public access area in accordance with the table in Section 62-57 (Requirements for Supplemental Public Access Areas).

The total waterfront public access area requirement in such table shall be provided in any manner that will enable the public to access a waterfront viewing area on the zoning lot from a public sidewalk within a street, public park or other public place. Such viewing area shall provide an unobstructed view of the water and comprise at least 50 percent of the total waterfront public access area required on the zoning lot. One linear foot of seating shall be provided for every 100 square feet of viewing area.

Waterfront public access areas improved in accordance with this Section shall comply with the provisions of Sections 62-61 (General Provisions Applying to Waterfront Public Access Areas) and 62-65 (Public Access Design Reference Standards).

For developments listed in paragraph (b)(1) of Section 62-52, on zoning lots containing a public access area established prior to October 25, 1993, by restrictive declaration, lease agreement, maintenance and operation agreement, or other agreement with a public entity, which public access area is required to be provided for the life of the development, subject to such agreement, the requirements for the waterfront public access area shall have been met if the established public access area is substantially in compliance with the provisions of this Section.

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