§ 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.