BUILDING ZONE RESOLUTION 243 



necessary to carry into effect the provisions of this resolution. Where 

 there are practical difficulties or unnecessary hardships in the way of carry- 

 ing out the strict letter of the provisions of this resolution the Board of 

 Appeals shall have power in a specific case to vary any such provision in 

 harmony with its general purpose and intent, so that the public health, 

 safety and general welfare may be secured and substantial justice done. 

 Where the street layout actually on the ground varies from the street layout 

 as shown on the use, height or area district map, the designation shown on 

 the mapped street shall be applied by the Board of Appeals to the unmapped 

 streets in such a way as to carry out the intent and purpose of the plan for 

 the particular section in question. Before taking any action authorized in 

 this section the Board of Appeals shall give public notice and hearing. 



§ 21. Unlawful Use ; Certificate of Occupancy. It shall be unlawful 

 to use or permit the use of any building or premises or part thereof here- 

 after created, erected, changed or converted wholly or partly in its use or 

 structure until a certificate of occupancy to the effect that the building or 

 premises or the part thereof so created, erected, changed or converted and 

 the proposed use thereof conform to the provisions of this resolution shall 

 have been issued by the superintendent of buildings of the borough in which 

 such building or premises is located, or, in the case of a tenement ho'use as 

 defined in the Tenement House Law, by the tenement house commissioner. 

 In the case of such buildings or premises it shall be the duty of the super- 

 intendent of buildings or the tenement house commissioner, as the case may 

 be, to issue a certificate of occupancy within ten days after a request for the 

 same shall be filed in his office by any owner of a building or premises 

 affected by this resolution, provided said building or premises, or the part 

 thereof so created, erected, changed or converted, and the proposed use 

 thereof, conforms with all the requirements herein set forth. Under rules 

 and regulations of the Board of Standards and Appeals a temporary cer- 

 tificate of occupancy for a part of a building may be issued by the super- 

 intendent of building's or the tenement house commissioner, as the case may 

 be. Upon written request from the owner, the superintendent of buildings 

 or the tenement house commissioner, as the case may be, shall issue a cer- 

 tificate of occupancy for any building or premises existing at the time of the 

 passage of this resolution certifying after inspection the use of the building 

 or premises and whether such use conforms to the provisions . of this 

 resolution. 



§ 22. Enforcement, Legal Procedure, Penalties. This resolution shall 

 be enforced by the tenement house commissioner, the fire commissioner and 

 by the superintendent of buildings in each borough under the rules end 

 regulations of the Board of Standards and Appeals. The tenement house 

 commissioner shall enforce the provisions herein contained in so far as they 

 affect or relate to tenement houses as defined by the Tenement House Law. 

 The superintendent of buildings shall in each borough enforce the provisions 

 herein contained in so far as they relate to buildings or premises other than 

 tenement houses. The fire commissioner shall enforce the provisions herein 

 contained, in so far as they relate to the use of completed buildings or 

 premises, or part thereof, other than tenement houses. For any and every 

 violation of the provisions of this resolution or of the rules and regulations 

 adopted thereunder, the owner, general agent or contractor of a building or 

 premises where such violation has been committed or shall exist, and the 

 lessee or tenant of an entire building or entire premises where such violation 

 has been committed or shall exist, and the owner, general agent, contractor, 



