In all districts, the City Planning Commission may permit:

(a)        a change of use on a new pier or new platform from a WD use or playground or publicly accessible private park, to any other WE use permitted by the applicable district regulations and, in conjunction with such change of use, modification of the bulk regulations of Section 62-30 for an existing building, except for Section 62-31, paragraph (a), or the maximum floor area ratio, provided the Commission finds that:

(1)        existing permitted WD uses and open WE uses on the pier or platform have been discontinued for a continuous period of at least two years immediately prior to the date of application;

(2)        the proposed WE use will significantly enhance public use and enjoyment of the waterfront;

(3)        there is no increase in water coverage; and

(4)        in the case of modification of bulk regulations for an existing building, findings (b)(3) through (b)(6) of this Section are also met. Finding (b)(4) shall also include platforms within the seaward lot.

(b)        for an existing pier, any use permitted by the applicable district regulations and modifications of the provisions of Sections 62-332 (Rear yards and waterfront yards) and 62-342 (Developments on piers), provided the Commission finds that:

(1)        the facility is so designed as to significantly enhance public use and enjoyment of the waterfront;

(2)        accessory parking or loading facilities provided in conjunction with such uses are arranged and designed so as to not adversely impact public access areas anywhere on the zoning lot;

(3)        the proposed development does not violate the bulk provisions of Section 62-341 (Developments on land and platforms);

(4)        within the seaward lot, the ratio of floor area on the pier to water coverage of the pier does not exceed the maximum floor area ratio for the use as set forth in the district regulations;

(5)        such bulk modifications would not unduly obstruct the light and air or waterfront views of neighboring properties; and

(6)        such modifications will not adversely affect the essential character, use or future growth of the waterfront and the surrounding area.

(c)        for piers, modification of the waterfront public access area and visual corridor requirements of Sections 62-50 and 62-60, provided the Commission finds that:

(1)        the proposed development would result in better achievement of the goals set forth in Section 62-00 than would otherwise be possible by strict adherence to the regulations of Sections 62-50 and 62-60, inclusive; and

(2)        an alternative waterfront public access area and visual corridors on the zoning lot, or off-site on a public property adjacent to the zoning lot, are provided that are substantially equal in area to that required and, by virtue of their location and design, provide equivalent public use and enjoyment of the waterfront and views to the water from upland streets and other public areas.

In the event that the Commission determines there is no feasible way to provide substantially equal alternative public access areas, either on the zoning lot or off-site on an adjoining public property or to provide substantially equal alternative visual corridors, the Commission may authorize a reduction or waiver of the requirements.

The Commission may prescribe additional appropriate conditions and safeguards to minimize adverse effects on the character of the waterfront and the surrounding area, including requirements for setbacks from lot lines, spacing from other buildings on the same or adjoining zoning lots, limitations on lighting and signage and limitations on size of individual establishments.