§ 1-07.3 Filing Period.
RCNY § 1-07.3
The application filing procedure is as follows: (a) Amendment: All applications for amendments filed pursuant to 2 RCNY § 1-07.1(a)(1) must be filed within thirty (30) days from the date of the agency determination which is the subject of the application.
(b)Extension of Term: All applications for extensions of term filed pursuant to 2 RCNY § 1-07.1(a)(2) may be filed on the SOC calendar as follows: (1) Within one (1) year before or thirty (30) days after the expiration of term: All applications filed within one (1) year before or thirty (30) days after the expiration of term may be filed on the SOC calendar.
(2)More than one (1) year before or less than two (2) years after the expiration of term: All applications filed more than one (1) year before or less than two (2) years after the expiration of term may be filed on the SOC calendar, provided that the applicant requests a waiver under this paragraph in the application. In the request for a waiver, the applicant must demonstrate that the use has been continuous since the expiration of term, and substantial prejudice would result without such a waiver.
(3)More than two (2) years after but less than ten (10) years after the expiration of term: All applications filed more than two (2) years after but less than ten (10) years after the expiration of term may be filed on the SOC calendar or BZ calendar, as follows: (i) Applications for pre-1961 use grants, filed pursuant to ZR § 11-411 may be filed on the SOC calendar, or on the BZ calendar as a reinstatement, provided that in either case the applicant requests a waiver under this subparagraph in the application. In the request for a waiver, the applicant must demonstrate that the use has been continuous since the expiration of term, and substantial prejudice would result without such a waiver. Before filing, an applicant may request, in writing, a determination by the Chair of whether an application may be filed on the SOC calendar or on the BZ calendar as a reinstatement. If the application is filed as a reinstatement, the application will be subject to 2 RCNY §§ 1-05 et seq.
(ii)Applications for pre-1961 bulk grants or post-1961 variances and special permits, where the grant is limited to a term that is specified only as a condition in the Board's resolution, may be filed on the SOC calendar as an amendment to modify such term or condition provided that the applicant requests a waiver under this subparagraph in the application.
(iii)Applications for an extension of term of a transient parking waiver may be filed on the SOC calendar provided that the applicant requests a waiver under this subparagraph in the application.
(iv)Applications for post-1961 special permits where the grant is limited to term as specified in the Zoning Resolution, must be filed as a new special permit on the BZ calendar.
(4)More than ten (10) years after the expiration of term: All applications filed more than ten (10) years after the expiration of term must be filed as a new variance or special permit on the BZ calendar, with the following exceptions: (i) Applications for pre-1961 use grants filed pursuant to ZR § 11-411 may be filed on the BZ calendar as a reinstatement in accordance with 2 RCNY §§ 1-05 et seq. provided that the applicant requests a waiver under this subparagraph in the application. In the request for a waiver, the applicant must demonstrate that the use has been continuous since the expiration of term, that substantial prejudice would result without such a waiver, and that the use permitted by the grant does not substantially impair the appropriate use and development of adjacent properties.
(c)Extensions of Time to Complete Construction: All applications for an extension of time to complete construction filed pursuant to 2 RCNY § 1-07.1(a)(3) may be filed on the SOC calendar as follows: (1) Within one (1) year before or within thirty (30) days after the expiration of the time to complete construction: All applications filed within one (1) year before or within thirty (30) days after the expiration of the time to complete construction may be filed on the SOC calendar.
(d)Extensions of Time to Obtain a Certificate of Occupancy: All applications for extensions of time to obtain a certificate of occupancy pursuant to 2 RCNY § 1-07.1(a)(3) may be filed on the SOC calendar as follows: (1) Within one (1) year before or thirty (30) days after the expiration of the time to obtain a certificate of occupancy: All applications filed within one (1) year before or thirty (30) days after the expiration of the time to obtain a certificate of occupancy may be filed on the SOC calendar.
