62 RCNY § 9-01 Purpose.
§ 9-01 Purpose.
These rules of procedure are established for the review of applications for Certification to Allow a Limited Increase in Street Wall Width pursuant to § 132-51 of the Zoning Resolution (ZR).
Rules for the Processing of Applications for Certification to Allow a Limited Increase in Street Wall Width Pursuant to § 132-51 of the Zoning Resolution
RCNY tit. 62, ch. 9
in effect62 RCNY § 9-02 Pre-Filing Process.
§ 9-02 Pre-Filing Process.
(a) The applicant must submit for review a draft application which must include material required by the Department of City Planning ("the Department") demonstrating the information and items set forth in ZR § 132-51. Draft applications must be submitted to the specific division of the Department that is designated on the application form for receipt of an application filed pursuant to ZR § 132-51, by submission to the division so named on the application form at the New York City Department of City Planning. Upon receipt, the Department will record the date and time of receipt.
(b) The Department will review each draft application for accuracy and completeness in order of receipt. The Department will notify the applicant in order of receipt whether the draft application is complete and may be filed in accordance with the provisions of 62 RCNY § 9-03, or whether the draft application is incomplete and requires revision. Such notification will be provided via the delivery method identified by the applicant on the application form, and will include a specification of the portions of the application that are incorrect or incomplete and require revision, if applicable.
(c) The Department will record the date and time of receipt of any revised draft application submitted in response to a notification provided under subdivision (b) of this section. A revised draft application will be reviewed for completeness and the applicant will be notified of the Department's further determination in order of receipt of the revised draft application. Such notification of the Department's further determination will be provided pursuant to the procedure set forth in subdivision (b) of this section.
(Amended City Record 3/21/2018, eff. 4/20/2018)
62 RCNY § 9-03 Filing of Applications.
§ 9-03 Filing of Applications.
Filing. Following notification pursuant to 62 RCNY § 9-02(b) or (c) that a draft application is complete, the applicant must file the application pursuant to 62 RCNY § 10-09 with the Department of City Planning. Applications that have not been reviewed and determined to be complete pursuant to 62 RCNY § 9-02 will not be accepted for filing. The Department may not consider the application as filed unless it includes all required components and shall not consider the application as filed unless the required fee has been paid concurrently with the submission of the application. Applications accepted for filing in accordance with these rules will be stamped by the Department with the date and time of filing.
(Amended City Record 3/21/2018, eff. 4/20/2018)
62 RCNY § 9-04 Review and Certification of Applications.
§ 9-04 Review and Certification of Applications.
For applications for establishments within the same set of applicable geographic boundaries as set forth in ZR § 132-51(c), review and certification of applications will be made in the order of application filing date and time. As set forth in ZR § 132-51(c), the set of applicable geographic boundaries means the same block frontage containing the applicant's establishment, the block frontage directly across the street from the block containing such establishment, and the blocks fronting on the commercial street immediately adjacent to the north and south of the block containing the applicant's establishment.
62 RCNY § 9-05 Lapse of Certification.
§ 9-05 Lapse of Certification.
(a) Effect of Lapse. If a certification granted pursuant to ZR § 132-51 lapses in accordance with the provisions set forth in the final paragraph of that section, or if an authorization granted pursuant to ZR § 132-52 lapses in accordance with the provisions set forth in ZR § 11-42, the effect of such lapse is that the underlying application for such certification or authorization will not be considered an "approved application" for purposes of ZR § 132-51(c)(2).
(b) Substantial Construction. For purposes of ZR § 132-51, the term "substantial construction" means that the entirety of the interior space associated with the extension pursuant to the certification has been combined, has been made a part of the operations of the enlarged establishment, and remains open to customers from any and all doorways located along the approved retail frontage, except that entrances serving portions of the establishment reserved for employees only do not need to be open to customers.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-89831Fetched: 10/24/2026