Section 25-201
§ 25-201 Temporary vacancies; filling of. In the event of the absence
or illness of an appointed member, the mayor shall have power to appoint
another person to act in his or her place at any meeting or meetings
during such period of absence or illness.
Section 25-202
§ 25-202 Fees. The fees hereinbelow set forth shall be charged for the
following applications, appeals, filings and reviews:
1. Zoning variances. Application for any variance under the zoning
resolution with respect to:
a. (1) Individually owned one and two family dwellings: $ 1,100.00.
(2) Individually owned three family dwellings: $ 1,700.00.
b. Other buildings and structures (fee schedule applicable to square
footage involved in application), and junk yards, parking lots,
automotive service stations and other similar uses (fee schedule
applicable to lot area involved in application).
(1) 10,000 square feet or less of floor area or lot area: $ 3,950.00.
(2) In excess of 10,000 but not more than 20,000 square feet of floor
area or lot area: $ 5,480.00.
(3) In excess of 20,000 but not more than 40,000 square feet of floor
area or lot area: $ 7,040.00.
(4) In excess of 40,000 but not more than 70,000 square feet of floor
area or lot area: $ 8,560.00.
(5) In excess of 70,000 but not more than 100,000 square feet of floor
area or lot area: $ 10,100.00.
(6) In excess of 100,000 square feet of floor area: $10,100.00 for the
first 100,000 square feet of floor area plus 5.0% of square footage in
units of 10,000 square feet above 100,000 square feet of floor area.
(7) In excess of 100,000 square feet of lot area: $ 11,200.00.
c. All other applications for any zoning variance under the zoning
resolution not subject to paragraph a or b of this subdivision: $
5,480.00.
2. Zoning special permits. Application for any special permit under
the zoning resolution with respect to:
a. (1) Individually owned one and two family dwellings: $ 1,000.00.
(2) Individually owned three family dwellings: $ 1,570.00.
b. Other buildings and structures (fee schedule applicable to square
footage involved in application), and junk yards, parking lots,
automotive service stations and other similar uses (fee schedule
applicable to lot area involved in application):
(1) 10,000 square feet or less of floor area or lot area: $ 2,960.00.
(2) In excess of 10,000 but not more than 20,000 square feet of floor
area or lot area: $ 4,130.00.
(3) In excess of 20,000 but not more than 40,000 square feet of floor
area or lot area: $ 5,280.00.
(4) In excess of 40,000 but not more than 70,000 square feet of floor
area or lot area: $ 6,430.00.
(5) In excess of 70,000 but not more than 100,000 square feet of floor
area or lot area: $ 7,580.00.
(6) In excess of 100,000 square feet of floor area: $7,580.00 for the
first 100,000 square feet of floor area plus 5.0% of square footage in
units of 10,000 square feet above 100,000 square feet of floor area.
(7) In excess of 100,000 square feet of lot area: $ 8,400.00.
c. Application for any special permit under the zoning resolution not
subject to paragraph a or b of this subdivision: $ 4,130.00.
3. Special order calendar.
a. Application to reargue or rehear an application pursuant to the
rules of practice and procedure of the board of standards and appeals:
$1,850.00.
b. Application for amendment of a variance or special permit
previously granted under the zoning resolution with respect to:
(1) Individually owned one and two family dwellings: $440.00.
(2) Individually owned three family dwellings: $920.00.
(3) All other developments: $2,110.00.
c. Application for an extension of time:
(1) To obtain a certificate of occupancy pursuant to a resolution of
the board of standards and appeals: $1,200.00.
(2) To complete construction pursuant to section 72-23 or 73-70 of the
zoning resolution: $1,200.00.
d. Application for extension of term of a variance or special permit
previously granted under the zoning resolution with respect to
individually owned one, two or three family dwellings, other buildings
and structures (fee schedule applicable to square footage involved in
application), and junkyards, parking lots, automotive service stations
and other similar uses (fee schedule applicable to lot area involved in
application):
(1) Individually owned one, two or three family dwellings: $550.00.
(2) 10,000 square feet or less of floor area or lot area: $2,370.00.
(3) In excess of 10,000 but not more than 20,000 square feet of floor
area or lot area: $3,290.00.
(4) In excess of 20,000 but not more than 40,000 square feet of floor
area or lot area: $4,220.00.
(5) In excess of 40,000 but not more than 70,000 square feet of floor
area or lot area: $5,140.00.
(6) In excess of 70,000 but not more than 100,000 square feet of floor
area or lot area: $6,060.00.
(7) In excess of 100,000 square feet of floor area: $6,060.00 for the
first 100,000 square feet of floor area plus 5.0% of square footage in
units of 10,000 square feet above 100,000 square feet of floor area.
(8) In excess of 100,000 square feet of lot area: $6,720.00.
(9) All other applications: $ 3,290.00.
e. Application to waive the rules of practice and procedure of the
board of standards and appeals when:
(1) Application to extend time to complete construction is filed one
year or less after the permitted filing period: $660.00.
(2) Application to extend time to complete construction is filed more
than one year after the permitted filing period: $920.00.
(3) Application to extend the term of a previously issued variance,
special permit or appeal is filed one year or less be after the
permitted filing period: $1,180.00.
(4) Application to extend the term of a previously issued variance,
special permit or appeal, is filed between one and two years after the
permitted filing period: $1,850.00.
(5) Application to extend the term of a previously issued variance,
special permit or appeal, is filed more than two years after the
permitted filing period: $2,630.00.
(6) Application to extend the term of a previously issued variance,
special permit or appeal, is filed more than ten years after the
permitted filing period: $5,000.
f. Application for minor amendment that is in substantial compliance
with previous grant: $ 930.00.
4. Appeals.
a. Application to waive section thirty-five or thirty-six of the
general city law with respect to:
(1) One, two and three family residences, per building permit:
$790.00.
(2) All other residences, per building permit: $1,540.00.
(3) All other buildings and properties, per building permit:
$1,980.00.
b. Appeal from or application for review of any order, requirement or
determination of the commissioner of buildings or of any borough
superintendent of the department of buildings or of the fire
commissioner or any rule or regulation or amendment or repeal thereof
made by the fire commissioner or the commissioner of small business
services with respect to:
(1) One, two and three family residences, per building permit:
$1,260.00.
(2) All other residences, per building permit: $2,460.00.
(3) All other buildings and properties, per building permit:
$3,160.00.
c. Application to vest building permit under the common law doctrine
of vested rights with respect to:
(1) One, two and three family residences, per building permit:
$940.00.
(2) All other residences, per building permit: $2,460.00.
(3) All other buildings and properties, per building permit:
$3,160.00.
d. Application for amendment of prior approval of appeals from or
application for review of any order, requirement or determination of the
commissioner of buildings or of any borough superintendent of the
department of buildings or of the fire commissioner or any rule or
regulation or amendment or repeal thereof made by the fire commissioner
or the commissioner of small business services with respect to:
(1) One, two and three family residences: $920.00.
(2) All other developments: $2,110.00
5. Application for extension of period to complete construction
pursuant to section 11-33 of the zoning resolution:
a. One, two and three family residences, per building permit: $940.00.
b. All other residences, per building permit: $ 3,690.00.
c. All other buildings and properties, per building permit:
$ 4,740.00.
6. Exemptions. The provisions of this section shall not apply if a
municipal department or agency of the city is the applicant or appellant
before the board of standards and appeals.
7. Other. Request to obtain off-site file of previous applications to
the board of standards and appeals: $50.00.
Section 25-203
§ 25-203 Board's orders; violation; penalty. Any person who shall
knowingly violate or fail to comply with any lawful order or requirement
of the board made under the authority of sections six hundred sixty-six
and six hundred sixty-eight of the charter shall be guilty of a
misdemeanor; and in addition thereto, and in addition to all other
liabilities and penalties imposed by law, shall forfeit and pay for each
such violation and non-compliance respectively, a penalty in the sum of
not more than two hundred and fifty dollars, as may be fixed by the
court awarding judgment therefor. An action may be brought for the
recovery of any such penalty or penalties in the New York city civil
court or any other court of record in the city, in the name of the city.
Section 25-204
§ 25-204 Non-appealable orders. The following are not appealable to
the board:
1. An order requiring an unsafe building, staging or structure to be
made safe;
2. An order, requirement, decision or determination made with respect
to or under the provisions of section 26-127 of the code and article
eight of subchapter three of chapter one of title twenty-six of the
code.
Section 25-205
§ 25-205 Multiple dwelling law not to be varied. The board shall not
vary or modify the multiple dwelling law nor any order, regulation or
ruling of the commissioner of housing preservation and development,
except as provided in section three hundred ten of the multiple dwelling
law, and except that any such order, regulation or ruling issued under
the provisions of chapter two of title twenty-seven of the code may be
varied or modified by the board to the extent permitted by such chapter
in the manner and subject to the conditions therein specified. This
section shall not deprive the board of any of its powers of review on
appeal.
Section 25-206
§ 25-206 Decision on appeals; form of. The decision on appeals shall
be in writing and, so far as is practicable, shall be in the form of a
general statement or resolution which shall be applicable to cases
similar to or falling within the principles passed upon in such
decision.
Section 25-207
§ 25-207 Certiorari. a. Petition. Any person or persons, jointly or
severally aggrieved by any decision of the board may present to the
supreme court a petition duly verified, setting forth that such decision
is illegal, in whole or in part, specifying the grounds of the
illegality. Such petition must be presented to a justice of the supreme
court or at a special term of the supreme court within thirty days after
the filing of the decision in the office of the board.
b. Order of certiorari. Upon the presentation of such petition, the
justice or court may allow an order of certiorari directed to the board
to review such decision and shall prescribe therein the time within
which a return thereto must be made and served upon the relator's
attorney, which shall not be less than ten days and may be extended by
the court or a justice thereof. Such order shall be returnable at a
special term of the supreme court of the judicial district in which the
property affected, or a portion thereof, is situated. The allowance of
the order shall not stay proceedings upon the decision appealed from,
but the court may on application, on notice to the board and on due
cause shown, grant a restraining order.
c. Return to order. The board shall not be required to return the
original papers acted upon by it, but it shall be sufficient to return
certified or sworn copies thereof or of such portions thereof as may be
called for by such order. The return must concisely set forth such other
facts as may be pertinent and material to show the grounds of the
decisions appealed from and must be verified.
d. Proceedings upon return. If, upon the hearing, it shall appear to
the court that testimony is necessary for the proper disposition of the
matter, it may take evidence or appoint a referee to take such evidence
as it may direct and report the same to the court with his or her
findings of fact and conclusions of law, which shall constitute a part
of the proceedings upon which the determination of the court shall be
made. The court may reverse or affirm, wholly or partly, or may modify
the decision brought up for review.
e. Costs. Costs shall not be allowed against the board, unless it
shall appear to the court that it acted with gross negligence or in bad
faith or with malice in making the decision appealed from.
f. Preferences. All issues in any proceeding under this section shall
have preference over all other civil actions and proceedings.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.