11-45

Authorizations or Permits in Lower Density Growth Management Areas

The provisions of this Section shall apply within lower density growth management areas.

(a)        Notwithstanding the provisions of N040414ZRY, pertaining to lower density growth management areas, and subject to the provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) with respect to amendments of this Resolution other than N040414ZRY, Section 11-42 (Lapse of Authorization or Special Permit Granted by the City Planning Commission Pursuant to the 1961 Zoning Resolution) and Section 11-43 (Renewal of Authorization or Special Permit), the following provisions shall apply with respect to special permits and authorizations granted by the City Planning Commission or for which certification or referral for public review has been made prior to August 12, 2004:

(1)        Any development or enlargement, including minor modifications thereto, granted a special permit or authorization by the Commission and, where applicable, the City Council, prior to August 12, 2004, may be developed or enlarged pursuant to the terms of such permit or authorization and, to the extent not modified under the terms of such permit or authorization, in accordance with the regulations in effect at the time such permit or authorization was granted.

(2)        Any application for a special permit certified by the Department of City Planning or application for an authorization referred by the Department of City Planning for public review prior to May 24, 2004, may be continued pursuant to the regulations in effect at the time of certification or referral and, if granted by the Commission and, where applicable, the City Council, may be developed or enlarged pursuant to the terms of such permit or authorization, including minor modifications thereto and, to the extent not modified under the terms of such permit or authorization, in accordance with the regulations in effect at the time such application was certified or referred for public review.

(b)        Notwithstanding the provisions of N040414ZRY, the following provisions shall apply to certain developments within the Special South Richmond Development District:

(1)        Developments, including minor modifications thereto, within the Special South Richmond Development District that contain designated open space and a portion of the waterfront esplanade, where such development is conditioned upon a restrictive declaration that includes a site plan for such development, including provisions for public access to such designated open space and waterfront esplanade, may be developed in accordance with the regulations in effect prior to August 12, 2004.

(2)        Developments within the Special South Richmond Development District accessed, in part, by private roads and consisting, in part, of construction within streets that are unimproved, and for which a conservation easement has been granted to the City, and for which the Board of Standards and Appeals has granted a permit pursuant to Section 35 of the General City Law, or its successor, and an application for an authorization for such development has been filed pursuant to paragraph (a) of Section 26-27 (Waiver of Bulk Regulations Within Unimproved Streets) prior to May 1, 2004, may be developed in accordance with the regulations in effect prior to August 12, 2004.

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