ToC
26-26

Modification and Waiver Provisions

(a)        The City Planning Commission may, by authorization, allow modifications to, or waivers of, the requirements of Sections 26-20 through 26-27, inclusive, provided that:

(1)        such modifications or waivers will enhance the design quality of the zoning lot;

(2)        any decrease in the required width of the paved road bed is in conjunction with a superior parking plan that would not be feasible with a wider road bed; and

(3)        any decrease in the required width of the paved road bed will result in the preservation of existing natural features or a superior landscaping plan that would not be feasible with a wider road bed.

No modification or waiver may be granted which would waive or decrease the width of the paved road bed to less than 34 feet.

(b)        The City Planning Commission may, by authorization, allow modifications to, or waivers of, the requirements of Sections 26-20 through 26-27, inclusive, for zoning lots within the Special South Richmond Development District, that:

(1)        contain designated open space and a portion of the waterfront esplanade, where such zoning lots:

(i)        have been granted an authorization pursuant to Section 107-65 (Modifications of Existing Topography) within one year prior to February 6, 2002; or

(ii)        are conditioned upon a restrictive declaration that has received a minor modification by the City Planning Commission; or

(2)        are located wholly or partially within Area M and have filed an application for an authorization pursuant to Section 107-69 (Residential Uses in Area M) within one year prior to February 6, 2002; or

(3)        have been granted authorizations pursuant to Section 107-64 (Removal of Trees) and 107-65 and are located on a zoning lot where a change in the City Map has been approved within three years prior to February 6, 2002, and where certified copies of the alteration map for such change in the City Map have not yet been filed in accordance with Section 198, subsection (c), of the New York City Charter, as of February 6, 2002.

In order to authorize such modifications or waivers pursuant to this paragraph, (b), the Commission shall find that such zoning lots will be developed pursuant to a good site plan, and that adequate access to all dwelling units, adequate parking spaces located outside of the roadbed of the private road, adequate spacing of all curb cuts and adequate landscaping will be provided.

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