72-00 Powers of the Board of Standards and Appeals

The Board of Standards and Appeals (referred to hereinafter as the Board) shall have the power, pursuant to the provisions of the New York City Charter and of this Resolution, after public notice and hearing:

(a)        to hear and decide appeals from and to review interpretations of this Resolution;

(b)        to hear, decide, and determine, in a specific case of practical difficulties or unnecessary hardship, whether to vary the application of the provisions of this Resolution;

(c)        to hear and decide applications for such special permits as are set forth in this Resolution and are more specifically enumerated in Section 73-01 (General Provisions);

(d)        to adopt, amend, or repeal such rules or regulations as may be necessary to carry into effect the provisions of this Resolution;

(e)        to hear and decide applications for such authorizations as are set forth in this Resolution and enumerated in Section 72-30; and

(f)        to make such administrative determinations and findings as may be set forth in this Resolution or pursuant to Section 72-40 (AMORTIZATION OF CERTAIN ADULT ESTABLISHMENTS AND SIGNS FOR ADULT ESTABLISHMENTS) or to Section 72-41 (Continuation of Certain Adult Establishments).

(g)        to waive bulk regulations affected by unimproved streets where a development, enlargement or alteration consists in part of construction within such streets and where such development, enlargement or alteration would be non-complying absent such waiver, provided the Board has granted a permit pursuant to Section 35 of the General City Law and has prescribed conditions which require the portion of the development or enlargement to be located within the unimproved streets to be compliant and conforming to the provisions of this Resolution. Such bulk waivers shall only be as necessary to address non-compliance resulting from the location of the development or enlargement within and outside the unimproved streets, and the zoning lot shall comply to the maximum extent feasible with all applicable zoning regulations as if such unimproved streets were not mapped. Where such zoning lots with private roads access fewer than 20 dwelling units, such bulk waivers may be granted by the Board only where the zoning lots are fully compliant with the regulations for private roads set forth in Article II, Chapter 6. However, for zoning lots with private roads that access at least 20 dwelling units, or for zoning lots with private roads that access fewer than 20 dwelling units for which a modification or waiver of the requirements for private roads, pursuant to Section 26-26, is necessary, such bulk waivers shall be permitted only by authorization of the City Planning Commission, pursuant to Section 26-27 (Waiver of Bulk Regulations Within Unimproved Streets).