Modification of Waterfront Public Access and Visual Corridor Regulations for Substantially Damaged Buildings

Sections 62-50 (GENERAL REQUIREMENTS FOR VISUAL CORRIDORS AND WATERFRONT PUBLIC ACCESS AREAS), inclusive, and 62-811 shall not apply to the reconstruction of buildings that sustained substantial damage, as defined in Appendix G of the New York City Building Code, due to the effects of Hurricane Sandy, provided that:

(a)        such buildings had no more than 20,000 square feet of floor area prior to October 28, 2012;

(b)        the dimensions of the building footprint are no greater than the footprint that existed on October 28, 2012;

(c)        if such building is repositioned on the zoning lot, such repositioning does not newly encroach, or further encroach, into a required yard, rear yard equivalent, visual corridor or existing public access area, as defined in Article VI, Chapter 2; and

(d)        the reconstruction does not result in a change of use from that existing on October 28, 2012.

The provisions of this Section shall apply to buildings that are the subject of an application for approval of construction documents that has been approved by the Department of Buildings no later than one year after the adoption of new final Flood Insurance Rate Maps that supersede the maps in effect on October 28, 2012. Construction pursuant to such approval may continue until a date six years after the adoption of such superseding Flood Insurance Rate Maps. After such date, the vesting provisions of Section 11-30 (BUILDING PERMITS ISSUED BEFORE EFFECTIVE DATE OF AMENDMENT) shall apply as if the change in flood map were a change in provisions of the Zoning Resolution.