2012 New York Consolidated Laws
MDW - Multiple Dwelling
Article 8 - (300 - 310) 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.