N.Y. Multiple Dwelling Law § 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.