An existing zoning lot within a waterfront block, or within any other block included in a Waterfront Access Plan, may be subdivided into two or more zoning lots, or reconfigured in a manner that would reduce its area or any dimension, only in accordance with the provisions of this Section or as modified pursuant to Section 62-822 (Modification of waterfront public access area and visual corridor requirements).

Such zoning lot may be subdivided or reconfigured provided that the Chairperson of the City Planning Commission certifies that:

(a)        there are no requirements in this Chapter for a waterfront public access area or visual corridors on such zoning lot for any use permitted on such zoning lot; or

(b)        a restrictive declaration shall be recorded against each subdivided or reconfigured zoning lot, binding all such zoning lots to provide waterfront public access areas or visual corridors at the time of a development, other than an exempt development, as set forth in Section 62-52. Such restrictive declaration shall include a site plan that sets forth the amount and location of the required waterfront public access areas and visual corridors on all resulting zoning lots. Such waterfront public access area or visual corridor shall be provided as required for the original zoning lot at the time of development of a non-exempt use; or

(c)        there are existing publicly accessible waterfront open areas on the zoning lot constructed as part of a previously approved site plan providing physical and visual access to and along the waterfront, and such open areas are no smaller in square footage than that required under the provisions of this Chapter for waterfront public access areas and visual corridors, and restrictions have been recorded against the property requiring such existing open area to remain accessible to the public for the life of the development.