NY Mult Dwell L § 310 (2021)
2021 New York Laws MDW - Multiple Dwelling Article 8 - Requirements and Remedies 310 - Board of Appeals.

§ 310. Board of appeals. 1. As used in this section "board" shall mean the  agency  of a city constituted as a board and authorized by law both to  grant  variances  of  the  zoning  resolution  and  to  make   rules supplemental  to laws regulating construction, maintenance, use and area of buildings; provided, however, that where, in a  city  to  which  this chapter  applies, there is no board as so described, then a board may be created by local law or ordinance to possess  the  powers,  perform  the functions  and  grant  the  variances  as  hereinafter  in  this section provided; and any board so created shall  be  deemed  to  be  a  "board" within  the  meaning  of  such  term as hereinbefore in this subdivision described.   2. Where the compliance with the strict letter of this chapter  causes any  practical difficulties or any unnecessary hardships the board shall have the power, on satisfactory proof at a public hearing, provided  the spirit  and  intent  of  this  chapter are maintained and public health, safety and welfare preserved and substantial justice done,  to  vary  or modify  any  provision  or  requirement of this chapter, or of any rule, regulation, supplementary regulation, ruling or order of the  department with respect to the provisions of this chapter, as follows:   a.  For  multiple  dwellings  and  buildings  existing  on July first, nineteen hundred forty-eight, in cities with a population of one million or more, and for multiple dwellings and buildings existing  on  November first,  nineteen hundred forty-nine, in cities with a population of five hundred thousand or more but less than one million, provisions  relating to:  (1) Height and bulk;  (2) Required open spaces;  (3) Minimum dimensions of yards or courts;  (4) Means of egress;  (5) Basements and cellars in tenements and converted dwellings.   The  population  restrictions  contained  in  this paragraph shall not apply to any multiple  dwelling  otherwise  entitled  to  the  variances herein  pursuant  to  the  provisions  of  subdivision  seven of section fifty-six of this chapter.   b. For multiple dwellings and buildings erected or to  be  erected  or altered after July first, nineteen hundred forty-eight pursuant to plans filed   prior   to   December  fifteenth,  nineteen  hundred  sixty-one, provisions relating to:  (1) Required open spaces; or  (2) Minimum dimensions of yards or courts.   c. For multiple dwellings and buildings erected or to  be  erected  or altered pursuant to plans filed on or after December fifteenth, nineteen hundred  sixty-one,  or before such date provided such plans comply with the provisions of paragraph d of subdivision one of section  twenty-six, provisions relating to:  (1) Height and bulk;  (2) Required open spaces; or  (3) Minimum dimensions of yards and courts.   Variations  or  modifications  may be granted pursuant to Paragraphs b and c only on condition that open areas for light and air  are  provided which  are  at  least  equivalent  in  area  to  those  required  by the applicable provisions of this chapter and pursuant to sub-paragraph  one of  paragraph  c  only  on  the further conditions that there are unique physical or topographical features, peculiar  to  and  inherent  in  the particular  premises,  including irregularity, narrowness or shallowness of the lot size or shape and such variance would be permitted under  any provision applicable thereto of the local zoning ordinance.    d.  In  the  city  of  Buffalo, until July first, nineteen hundred and sixty-four for frame multiple dwellings,  existing  on  November  first, nineteen  hundred forty-nine, and for buildings on the same lot existing on such date or altered after such date, applicable provisions  relating to  sections nine, eleven, fifty-six, two hundred sixty-four and article six.   e. In the city of Buffalo, until  July  first,  nineteen  hundred  and sixty-four for dwellings three stories or less in height converted prior to November first, nineteen hundred forty-nine, applicable provisions of section one hundred eighty-five provided that (1) where such dwelling is occupied  by  three  families, all the provisions of article six must be complied  with  and  the  cellar  stairs  enclosed  with  fire  retarded materials with a one hour fire door; (2) where such dwelling is occupied by  more  than  three  families  and  there are two independent means of egress accessible on each story to each  apartment,  the  cellar  stairs must  be enclosed with fire retarded materials with a one hour fire door and  there  must  be  automatic  sprinklers  in  the  public  halls  and stairways;  (3)  where  such  dwelling  is  occupied  by more than three families and there are not two independent means  of  egress  accessible from  each  story  to each apartment, the cellar stairs must be enclosed with fire retarded materials with a one hour fire door,  there  must  be automatic sprinklers in the public halls and stairways and there must be two  independent  means  of  egress  accessible to each apartment on the third story.   f. The variance authorized by paragraphs d or e  of  this  subdivision may  be  granted  only  upon  the prior approval of the fire, health and building departments of such city and certification by the heads of such departments that the variance sought is not against the public interest.   g. The board may, as a condition of granting the  variance  authorized by  paragraphs  d  or  e  of  this  subdivision,  impose such additional requirements of health and safety as it may deem necessary or  advisable for the proper protection of the occupants of the dwelling.   * h.  Notwithstanding  any other provision of law, the city of Buffalo may grant variances regarding subdivision twenty-five  of  section  four and  subdivision  five  of  section one hundred one of this chapter only where such variances comply with the minimum standards set forth in  the New  York  state  building  construction  code  which  is  applicable to multiple dwellings, and have been approved  by  the  state  division  of housing and community renewal.   * NB Expired January 1, 1984   3.  An  application for such a variance or modification may be made by any person aggrieved or by the head of any public  agency,  within  such time  and under such procedure, conditions and rules as may be precribed by the board. The board shall fix a reasonable time for the  hearing  of an  application  and  shall require that due notice be given of the time and place of such hearing to the applicant and to  the  department.  Any person  or  a  duly  authorized  representative of any public agency may appear at any such hearing and be heard on any such application.   4. In every case the board shall state the reason or reasons  for  its decision.  All  decisions of the board shall be subject to review in the same manner as is provided by law for review of decisions of such  board respecting variances of the zoning resolution.   5.  A  record  of all decisions of the board, indexed according to the section or sections of this chapter affected thereby, shall be  kept  in the  office of the board. Such record shall be open to public inspection at all times during business hours.    6. The board shall have power to charge and  collect  reasonable  fees and  to make rules governing such charges. All moneys so collected shall be deposited in the general fund of the city.