Upper West Side Special Enhanced Commercial District Certification Rules

Adopted Rules: Closed to Comments

Effective Date: 
Friday, November 30, 2012



Statement of Basis and Purpose


The Department of City Planning is amending Title 62 of the Rules of the City of New York pursuant to its authority under Section 1043 of the New York City Charter.


The amendment adds a new Chapter 9 to Title 62 in order to establish and clarify procedures and requirements for obtaining certifications for a limited increase in street wall width pursuant to Section 132-51 of Article XIII, Chapter 2 of the New York City Zoning Resolution (Zoning Resolution or ZR). ZR Section 132-51 became effective on June 28, 2012.


ZR Section 132-11(b) establishes the location of Special Enhanced Commercial District 2 as designated portions of Amsterdam and Columbus Avenues in the Upper West Side of Manhattan. Pursuant to ZR Section 132-24, within Special Enhanced Commercial District 2, the maximum street wall width of any non-residential ground floor establishment, other than banks or loan offices, shall not exceed 40 feet. However, a certification from the Chairperson of the City Planning Commission may be applied for pursuant to ZR Section 132-51 to exceed the 40-foot maximum street wall width, provided the conditions set forth in the Section are met. In addition, ZR Section 132-51 provides that a certification that has been granted pursuant to that Section will lapse if substantial construction has not been completed within one year of the effective date of the certification.


The rule (1) describes the process for the submission and review of applications for certifications to allow a limited increase in street wall width pursuant to ZR Section 132- 51, and (2) clarifies the lapse provision contained within ZR Section 132-51 and the effect of a lapse for the purposes of ZR 132-51(c)(2).


1)    Application Process


Given that only a limited number of expansions may be available for approval within a particular geographic area, and that multiple applications within a particular geographic area may be simultaneously pending, the rule sets forth procedures to ensure that all applications are reviewed and processed in a predictable, fair and orderly manner. Specifically, the rule requires that:

a)    Draft applications must be submitted for pre-filing review.

b)    Draft applications will be reviewed in order of receipt.

c)    The applicant may only formally file an application upon notification that the draft application is considered complete.

d)    Complete  filed  applications  for  establishments  within  the  same  set  of geographic boundaries will be reviewed in order of application filing date and time.


2)    Lapse


The rule also describes the effect of a lapse of a certification granted pursuant to ZR Section 132-51, or the lapse of an authorization granted pursuant to ZR Section 132-52, for the purposes of ZR Section 132-51(c)(2). In addition, the rule defines “substantial construction” for the purposes of ZR Section 132-51.