Modification of requirements for ferries and sightseeing, excursion or sport fishing vessels
(a) In C1, C2, C3 and C7 Districts, the City Planning Commission may authorize modification of the use regulations of Section 32-10 (USES PERMITTED AS-OF-RIGHT) in order to allow docks for ferries with an operational passenger load greater than 150 passengers per half hour, or in Community District 1 in the Borough of Brooklyn, a vessel capacity larger than 399 passengers, provided the Commission finds that:
(1) such facility will not create serious pedestrian or vehicular traffic congestion that would adversely affect the surrounding area;
(2) the streets providing access to such facility will be adequate to handle the traffic generated thereby; and
(3) such use is so located as to draw a minimum of vehicular traffic to and through local streets in adjoining residential areas.
(b) In all districts, the Commission may authorize a reduction or waiver of the parking requirements of Section 62-43 for docks serving ferries, or sightseeing, excursion or sport fishing vessels, provided the applicant submits a report that enables the Commission to make one or more of the following findings:
(1) that there is or would be adequate public or private transit in close proximity to the facility and that there is or would be a consistent pattern of usage by a significant percentage of passengers;
(2) that there is or would be a consistent pattern of passenger drop-off and pick-up by private cars, taxis or vans by a significant percentage of passengers;
(3) that there is or would be a consistent pattern of arrivals and departures on foot or by bicycle by a significant percentage of passengers;
(4) that there is a consistent pattern of underutilization of existing accessory parking spaces; or
(5) that the dock serves or would serve vessels operating at different times during the day or week and that there is or would be shared usage of common parking spaces at mutually exclusive time periods.
(c) In all districts, the Commission may authorize modification of the passenger drop-off and pick-up area requirements of Section 62-462, including a reduction in the number of required spaces, for docks serving ferries, or sightseeing, excursion or sport fishing vessels, provided the Commission finds that:
(1) due to the configuration of the zoning lot, strict adherence to the regulations would not be possible to achieve;
(2) there is no practical possibility of locating such area on another zoning lot that would be contiguous, except for its separation by a street or street intersection, because appropriate sites are occupied by substantial improvements;
(3) there is no practical possibility of providing a lay-by area on an adjoining street that would be acceptable to the New York City Department of Transportation; and
(4) such modifications would not create serious vehicular traffic congestion that would adversely affect the surrounding area.
The Commission may impose appropriate conditions and safeguards to assure that such modifications will not adversely affect the surrounding area.