N.Y. MDW Law § 310 — New York Code / Act MDW / Article 8 / Section 310
Board of appeals
Status: in_force

§ 310. Board of appeals. 1. As used in this section "board" shall mean\nthe agency of a city constituted as a board and authorized by law both\nto grant variances of the zoning resolution and to make rules\nsupplemental to laws regulating construction, maintenance, use and area\nof buildings; provided, however, that where, in a city to which this\nchapter applies, there is no board as so described, then a board may be\ncreated by local law or ordinance to possess the powers, perform the\nfunctions and grant the variances as hereinafter in this section\nprovided; and any board so created shall be deemed to be a "board"\nwithin the meaning of such term as hereinbefore in this subdivision\ndescribed.\n  2. Where the compliance with the strict letter of this chapter causes\nany practical difficulties or any unnecessary hardships the board shall\nhave the power, on satisfactory proof at a public hearing, provided the\nspirit and intent of this chapter are maintained and public health,\nsafety and welfare preserved and substantial justice done, to vary or\nmodify any provision or requirement of this chapter, or of any rule,\nregulation, supplementary regulation, ruling or order of the department\nwith respect to the provisions of this chapter, as follows:\n  a. For multiple dwellings and buildings existing on July first,\nnineteen hundred forty-eight, in cities with a population of one million\nor more, and for multiple dwellings and buildings existing on November\nfirst, nineteen hundred forty-nine, in cities with a population of five\nhundred thousand or more but less than one million, provisions relating\nto:\n  (1) Height and bulk;\n  (2) Required open spaces;\n  (3) Minimum dimensions of yards or courts;\n  (4) Means of egress;\n  (5) Basements and cellars in tenements and converted dwellings.\n  The population restrictions contained in this paragraph shall not\napply to any multiple dwelling otherwise entitled to the variances\nherein pursuant to the provisions of subdivision seven of section\nfifty-six of this chapter.\n  b. For multiple dwellings and buildings erected or to be erected or\naltered after July first, nineteen hundred forty-eight pursuant to plans\nfiled prior to December fifteenth, nineteen hundred sixty-one,\nprovisions relating to:\n  (1) Required open spaces; or\n  (2) Minimum dimensions of yards or courts.\n  c. For multiple dwellings and buildings erected or to be erected or\naltered pursuant to plans filed on or after December fifteenth, nineteen\nhundred sixty-one, or before such date provided such plans comply with\nthe provisions of paragraph d of subdivision one of section twenty-six,\nprovisions relating to:\n  (1) Height and bulk;\n  (2) Required open spaces; or\n  (3) Minimum dimensions of yards and courts.\n  Variations or modifications may be granted pursuant to Paragraphs b\nand c only on condition that open areas for light and air are provided\nwhich are at least equivalent in area to those required by the\napplicable provisions of this chapter and pursuant to sub-paragraph one\nof paragraph c only on the further conditions that there are unique\nphysical or topographical features, peculiar to and inherent in the\nparticular premises, including irregularity, narrowness or shallowness\nof the lot size or shape and such variance would be permitted under any\nprovision applicable thereto of the local zoning ordinance.\n  d. In the city of Buffalo, until July first, nineteen hundred and\nsixty-four for frame multiple dwellings, existing on November first,\nnineteen hundred forty-nine, and for buildings on the same lot existing\non such date or altered after such date, applicable provisions relating\nto sections nine, eleven, fifty-six, two hundred sixty-four and article\nsix.\n  e. In the city of Buffalo, until July first, nineteen hundred and\nsixty-four for dwellings three stories or less in height converted prior\nto November first, nineteen hundred forty-nine, applicable provisions of\nsection one hundred eighty-five provided that (1) where such dwelling is\noccupied by three families, all the provisions of article six must be\ncomplied with and the cellar stairs enclosed with fire retarded\nmaterials with a one hour fire door; (2) where such dwelling is occupied\nby more than three families and there are two independent means of\negress accessible on each story to each apartment, the cellar stairs\nmust be enclosed with fire retarded materials with a one hour fire door\nand there must be automatic sprinklers in the public halls and\nstairways; (3) where such dwelling is occupied by more than three\nfamilies and there are not two independent means of egress accessible\nfrom each story to each apartment, the cellar stairs must be enclosed\nwith fire retarded materials with a one hour fire door, there must be\nautomatic sprinklers in the public halls and stairways and there must be\ntwo independent means of egress accessible to each apartment on the\nthird story.\n  f. The variance authorized by paragraphs d or e of this subdivision\nmay be granted only upon the prior approval of the fire, health and\nbuilding departments of such city and certification by the heads of such\ndepartments that the variance sought is not against the public interest.\n  g. The board may, as a condition of granting the variance authorized\nby paragraphs d or e of this subdivision, impose such additional\nrequirements of health and safety as it may deem necessary or advisable\nfor the proper protection of the occupants of the dwelling.\n  * h. Notwithstanding any other provision of law, the city of Buffalo\nmay grant variances regarding subdivision twenty-five of section four\nand subdivision five of section one hundred one of this chapter only\nwhere such variances comply with the minimum standards set forth in the\nNew York state building construction code which is applicable to\nmultiple dwellings, and have been approved by the state division of\nhousing and community renewal.\n  * NB Expired January 1, 1984\n  3. An application for such a variance or modification may be made by\nany person aggrieved or by the head of any public agency, within such\ntime and under such procedure, conditions and rules as may be precribed\nby the board. The board shall fix a reasonable time for the hearing of\nan application and shall require that due notice be given of the time\nand place of such hearing to the applicant and to the department. Any\nperson or a duly authorized representative of any public agency may\nappear at any such hearing and be heard on any such application.\n  4. In every case the board shall state the reason or reasons for its\ndecision. All decisions of the board shall be subject to review in the\nsame manner as is provided by law for review of decisions of such board\nrespecting variances of the zoning resolution.\n  5. A record of all decisions of the board, indexed according to the\nsection or sections of this chapter affected thereby, shall be kept in\nthe office of the board. Such record shall be open to public inspection\nat all times during business hours.\n  6. The board shall have power to charge and collect reasonable fees\nand to make rules governing such charges. All moneys so collected shall\nbe deposited in the general fund of the city.\n