72-01 - General Provisions

LAST AMENDED
2/2/2011

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).