For the purpose of these Rules the following definitions will apply:
Affected area: The affected area is the area within a 400-foot radius from the center of the subject property. However, if the subject property is 40,000 square feet or larger or contains a frontage greater than 300 feet on any one street, then the affected area is an area within 200 feet of a line running parallel to the subject property; or if the application involves a single one-, two-, or three-family dwelling, then the affected area is the area within a 200-foot radius from the center of the subject property.
Affected borough board: The affected borough board is the borough board that represents the affected community boards if the subject property is located in more than one community district.
Affected borough president: The affected borough president is the president of the borough in which the subject property is located.
Affected city council member: The affected city council member is the council member who represents the council district in which the subject property is located.
Affected community board: The affected community board is the board that represents the community district in which the subject property is located.
Affected property owner: An affected property owner is:
(1) an owner or tenant of record of the subject property; or
(2) an owner of real property within a 400-foot radius from the center of the subject property. However, if the subject property is 40,000 square feet or larger or contains a frontage greater than 300 feet on any one street, then the affected property owner will include an owner of real property within 200 feet of a line running parallel to the subject property. A radius of 200 feet will be measured from the corners of a subject property having an interior angle of less than 180 degrees. If the application is for a special permit or involves a single one-, two-, or three-family dwelling, then the affected property owner will include an owner of real property within a 200-foot radius from the center of the subject property.
Applicant: An applicant is an individual who serves as the contact for the project and signs the Board's application forms. The applicant must be the owner of the subject property or an individual authorized to act on the owner's behalf, pursuant to 2 RCNY § 1-09.4. For an appeal of an agency final determination, the applicant need not be the owner of the subject property, nor authorized by the owner. However in such instance, the applicant must be an individual or entity with legal standing to bring the appeal or be authorized by such individual or entity.
Application: An application is an action, including an appeal, that is under review by the Board and that has been filed pursuant to 2 RCNY § 1-09.
Case: A case is an application that has been decided by the Board.
Common law vested rights application: A common law vested rights application is an application to renew building permits lawfully issued before the effective date of an amendment of the Zoning Resolution, which have lapsed as a result of such amendment, and to establish the right to continue construction, based on the common law doctrine of vested rights.
Days: Unless otherwise noted, "days" are calendar days.
Owner: An owner is an owner of the subject property and includes a person having legal title to the premises, a mortgagee in possession, a contract vendee, a trustee in bankruptcy, a receiver, or any other person having legal ownership or control of the property in accordance with Building Code Section 202 (Definitions).
Pre-1961 bulk grant: A pre-1961 bulk grant is a variance or special permit approved by the Board related to bulk regulations granted under the provisions of the 1916 Zoning Resolution and not subject to ZR § 11-41 (Exceptions, Variances or Permits Previously Authorized Pursuant to the 1916 Zoning Resolution).
Pre-1961 use grant: A pre-1961 use grant is a variance or special permit approved by the Board related to use regulations granted under the provisions of the 1916 Zoning Resolution and subject to ZR § 11-41 (Exceptions, Variances or Permits Previously Authorized Pursuant to the 1916 Zoning Resolution).
Post-1961 special permit: A post-1961 special permit is a special permit approved by the Board and granted under the provisions of the 1961 Zoning Resolution.
Post-1961 variance: A post-1961 variance is a variance granted under the provisions of the 1961 Zoning Resolution.
Reinstatement: A reinstatement is an application filed on the zoning (BZ) calendar to reinstate a pre-1961 use grant.
Statutory vested rights application: A statutory vested rights application is an application which is filed pursuant to ZR §§ 11-31 et seq. to renew building permits lawfully issued before the effective date of an amendment to the Zoning Resolution, which have lapsed as a result of such amendment. The application to renew the permits and to establish the right to continue construction is based on the statutory findings.
Subject property: The subject property is the property which is the subject of the application.
Transient parking waiver: A transient parking waiver is an application granted under the provisions of either the 1916 or 1961 Zoning Resolution, and MDL § 60 (Motor vehicle storage), permitting transient parking in an accessory residential parking garage.
Vested rights application: A vested rights application is an application to renew building permits lawfully issued before the effective date of an amendment of the Zoning Resolution which have lapsed as a result of such amendment. Vested rights applications include common law vested rights applications and statutory vested rights applications.