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§ 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.
§ 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 amendments 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.
§ 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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/049.
§ 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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/049.
§ 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.
§ 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.
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