Waterfront Public Access Area Requirements

For all waterfront zoning lots, the exemptions from waterfront public access area requirements listed in paragraph (a) of Section 62-52 shall not apply.

(a)        Reduced requirement for certain manufacturing uses

For zoning lots with developments, enlargements, or conversions comprised of predominantly Use Group 18 uses, as listed in Section 42-15, the reduced design requirements of Section 62-58 (Requirements for Water-Dependent Uses and Other Developments) shall apply to waterfront public access areas.

(b)        Authorization for incompatible uses

For zoning lots comprised predominantly of Use Group 16, 17, or 18 uses, the City Planning Commission may authorize the waiver of waterfront public access area requirements, provided the Commission finds that:

(1)        such uses produce objectionable effects on its surroundings such that the uses are incompatible with a waterfront public access requirement; or

(2)        such uses have demonstrable operational requirements which would be incompatible with waterfront public access requirements; and

(3)        such waiver is the least necessary to accommodate the proposed uses.

Such waivers shall be in effect for as long as the proposed use remains on the zoning lot. Upon development of the zoning lot following cessation of the use for a period of more than two years, full compliance with waterfront public access area requirements, as may be modified by future approvals, is required.