§ 310. Board of appeals. 1. As used in this section "board" shall mean\nthe agency of a city constituted as a board and authorized by law both\nto grant variances of the zoning resolution and to make rules\nsupplemental to laws regulating construction, maintenance, use and area\nof buildings; provided, however, that where, in a city to which this\nchapter applies, there is no board as so described, then a board may be\ncreated by local law or ordinance to possess the powers, perform the\nfunctions and grant the variances as hereinafter in this section\nprovided; and any board so created shall be deemed to be a "board"\nwithin the meaning of such term as hereinbefore in this subdivision\ndescribed.\n 2. Where the compliance with the strict letter of this chapter causes\nany practical difficulties or any unnecessary hardships the board shall\nhave the power, on satisfactory proof at a public hearing, provided the\nspirit and intent of this chapter are maintained and public health,\nsafety and welfare preserved and substantial justice done, to vary or\nmodify any provision or requirement of this chapter, or of any rule,\nregulation, supplementary regulation, ruling or order of the department\nwith respect to the provisions of this chapter, as follows:\n a. For multiple dwellings and buildings existing on July first,\nnineteen hundred forty-eight, in cities with a population of one million\nor more, and for multiple dwellings and buildings existing on November\nfirst, nineteen hundred forty-nine, in cities with a population of five\nhundred thousand or more but less than one million, provisions relating\nto:\n (1) Height and bulk;\n (2) Required open spaces;\n (3) Minimum dimensions of yards or courts;\n (4) Means of egress;\n (5) Basements and cellars in tenements and converted dwellings.\n The population restrictions contained in this paragraph shall not\napply to any multiple dwelling otherwise entitled to the variances\nherein pursuant to the provisions of subdivision seven of section\nfifty-six of this chapter.\n b. For multiple dwellings and buildings erected or to be erected or\naltered after July first, nineteen hundred forty-eight pursuant to plans\nfiled prior to December fifteenth, nineteen hundred sixty-one,\nprovisions relating to:\n (1) Required open spaces; or\n (2) Minimum dimensions of yards or courts.\n c. For multiple dwellings and buildings erected or to be erected or\naltered pursuant to plans filed on or after December fifteenth, nineteen\nhundred sixty-one, or before such date provided such plans comply with\nthe provisions of paragraph d of subdivision one of section twenty-six,\nprovisions relating to:\n (1) Height and bulk;\n (2) Required open spaces; or\n (3) Minimum dimensions of yards and courts.\n Variations or modifications may be granted pursuant to Paragraphs b\nand c only on condition that open areas for light and air are provided\nwhich are at least equivalent in area to those required by the\napplicable provisions of this chapter and pursuant to sub-paragraph one\nof paragraph c only on the further conditions that there are unique\nphysical or topographical features, peculiar to and inherent in the\nparticular premises, including irregularity, narrowness or shallowness\nof the lot size or shape and such variance would be permitted under any\nprovision applicable thereto of the local zoning ordinance.\n d. In the city of Buffalo, until July first, nineteen hundred and\nsixty-four for frame multiple dwellings, existing on November first,\nnineteen hundred forty-nine, and for buildings on the same lot existing\non such date or altered after such date, applicable provisions relating\nto sections nine, eleven, fifty-six, two hundred sixty-four and article\nsix.\n e. In the city of Buffalo, until July first, nineteen hundred and\nsixty-four for dwellings three stories or less in height converted prior\nto November first, nineteen hundred forty-nine, applicable provisions of\nsection
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