§ 1-05 Zoning Calendar (BZ)

§ 1-05.1 Subject Matter

The BZ Calendar consists of the following types of applications:

1. Variance: applications pursuant to ZR § 72-21 for zoning variances;


2. Special Permit: applications pursuant to ZR § 73-00 et seq. for special permits;


3. Reinstatement: applications pursuant to ZR § 11-41 et seq. (Exceptions, Variances or Permits Previously Authorized Pursuant to the 1916 Zoning Resolution), to reinstate pre-1961 use grants in accordance with § 1-07.3(b)(3)(i) and (b)(4)(i) of these Rules; and


4. Major Amendment: amendments to previously approved variances or special permits which the Board deems major in accordance with § 1-07.1(a)(1) of these Rules.

No application for a variance or special permit will be accepted by the Board except from an order, requirement, decision, or determination made in a specific case by the Commissioner of Buildings, any borough commissioner of the Department of Buildings or authorized representative, or the Commissioner of the Department of Small Business Services or authorized representative.

§ 1-05.2 BZ Form

All applications must be made on the BZ Form and must be accompanied by all the information required by such form and related instructions.

§ 1-05.3 Filing Period

All applications must be filed within thirty (30) days from the date of the determination by the Commissioner of Buildings, any borough commissioner of the Department of Buildings or authorized representative, or the Commissioner of the Department of Small Business Services or authorized representative.

§ 1-05.4 Application Referral

In accordance with § 1-10.6 of these Rules and within three (3) business days after filing the application with the Board, the applicant must forward a copy of all application material to:

1. the affected community board(s) (and borough board, if applicable);
2. the affected borough president;
3. the affected city council member;
4. the administrative official who issued the determination; and
5. the City Planning Commission.

After forwarding all application material, the applicant must provide proof of service to the Board in accordance with § 1-10.7 of these Rules.

See Appendix A for a summary of all application referral requirements.

§ 1-05.5 Community Board Review

Within sixty (60) days after receipt of an application, the affected community board may hold a public hearing and submit a written recommendation on such application to the Board, or may waive in writing the holding of a public hearing. If a borough board is involved, within thirty (30) days after the submission of a recommendation or waiver by every community board in which the subject property is located, or after expiration of the time allowed for such community boards to act, the borough board may hold a public hearing and submit a written recommendation to this Board or may waive a public hearing. In accordance with § 1-10.6 of these Rules, the community board(s) (and borough board, if applicable), will be deemed to have received an application on the day of personal delivery or five (5) calendar days after the date of the mailing of the application.

Following receipt of a recommendation or waiver from the affected community board(s) (and borough board, if applicable), or following the expiration of the time period for their review, the Board will hold a public hearing on the application and make a decision. The Board may, in its discretion, include in the record the recommendations of the affected community board(s) and borough board even if the recommendations are received after the applicable time period has expired.

§ 1-05.6 Hearing Notice

After the examiners have determined that the application is substantially complete, the Board will provide the applicant with the hearing notice and related forms, at least thirty (30) days before the first scheduled hearing date. In accordance with § 1-10.6 of these Rules, and at least twenty (20) days before the first scheduled hearing date, the applicant must forward a copy of the hearing notice and related forms to:

1. the affected community board(s) (and borough board, if applicable);
2. the affected borough president;
3. the affected city council member;
4. the City Planning Commission; and
5. affected property owners as defined in § 1-02 of these Rules.

The applicant must submit the hearing notice to affected property owners with instructions that if the property is a cooperative or condominium, all tenants should be notified in the manner customarily employed by the cooperative or condominium.

If the subject property is occupied by multiple tenants, the applicant must submit the hearing notice to the owner or management office of the property with instruction to either post the hearing notice in the lobby of the property, or to notify all tenants and/or owners in the manner customarily employed by such owner or manager for giving notices to tenants or unit owners in the building in question.

After forwarding the hearing notice and forms to the proper entities, the applicant must provide proof of service to the Board in accordance with § 1-10.7 of these Rules.

See Appendix A for a summary of all hearing notice requirements.

§ 1-05.7 Source for List of Affected Property Owners

The applicant must obtain names of affected property owners entitled to the hearing notice pursuant to §§ 1-05.6 or 1-06.5(a)(2) of these Rules from the City Register. In all cases, the applicant must submit the list to the Board, and the list must show the names of the actual property owners with legal title, rather than mortgagees.

§ 1-05.8 Newspaper Notice

The applicant must, in addition to providing notice pursuant §§ 1-05.6 or 1-06.5(a)(2) of these Rules, publish the contents of the hearing notice form provided by the Board in a newspaper, at the applicant's expense. Newspaper notice will not be required for applications involving bulk variances for a single one-, two-, or three-family dwelling, or for special permit applications.

The requirements for newspaper notice are as follows:

1. The notice must be published in one (1) newspaper of local circulation, or one (1) newspaper of general circulation, as identified by the Board in its hearing notice;


2. The notice must be published in such newspaper on one (1) day of each week for two (2) of the three (3) weeks before the public hearing; and


3. Before the hearing date, the applicant must provide the Board with an affidavit of publication or a copy of the published notice.

§ 1-05.9 Revised Application and Additional Submissions

If, at any time, an applicant provides the Board with a revised application and/or additional submissions, within three (3) days of providing such materials to the Board, the applicant must submit a copy of the revised application and/or additional submissions to the affected community board(s) (and borough board, if applicable), affected borough president, affected city council member, and the City Planning Commission. The applicant must submit a cover letter to the Board identifying the contents of the revisions and/or additional submissions and note the entities which have been forwarded a copy of such materials, as required by this Section.

If, after the community board's sixty (60) day review period, the applicant makes a substantial revision to the application, the Board, in its discretion, may consider any additional recommendations by the affected community board(s) (and borough board, if applicable), affected borough president, affected city council member, and the City Planning Commission, provided that the recommendations are related to the subject revisions and are submitted to the Board before the hearing is closed.

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