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What is NYC ZR § 139-45?

Quick Answer

This section outlines the requirements for waterfront public access areas for zoning lots, specifying that certain exemptions do not apply. It allows for reduced design requirements for specific manufacturing uses and permits the City Planning Commission to authorize waivers under certain conditions. Applies to waterfront property developers and operators.

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

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§ 139-45 Waterfront Public Access Area Requirements

ZR § 139-45

For all waterfront zoning lots, the exemptions from waterfront public access area requirements listed in paragraph (a) of Section 62-52 shall not apply.

Reduced requirement for certain manufacturing usesFor zoning lots with developments, enlargements, or conversions comprised predominantly of uses listed under Use Groups IV(B), IX and X that are not permitted in M1 Districts in Special Mixed Use Districts pursuant to the provisions of Section 123-21 (Modifications to M1 Use Regulations), the reduced design requirements of Section 62-58 (Requirements for Water-Dependent Uses and Other Developments) shall apply to waterfront public access areas.

Authorization for incompatible usesFor zoning lots comprised predominantly of uses listed under Use Groups IV(B), IX and X, the City Planning Commission may authorize the waiver of waterfront public access area requirements, provided the Commission finds that: such uses produce objectionable effects on its surroundings such that the uses are incompatible with a waterfront public access requirement; or such uses have demonstrable operational requirements which would be incompatible with waterfront public access requirements; and such waiver is the least necessary to accommodate the proposed uses.

such uses produce objectionable effects on its surroundings such that the uses are incompatible with a waterfront public access requirement; or

such uses have demonstrable operational requirements which would be incompatible with waterfront public access requirements; and

such waiver is the least necessary to accommodate the proposed uses.

Such waivers shall be in effect for as long as the proposed use remains on the zoning lot. Upon development of the zoning lot following cessation of the use for a period of more than two years, full compliance with waterfront public access area requirements, as may be modified by future approvals, is required.

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