2023 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.