[L.L. No. 14-1975; § 6, L.L. No. 5-1981; § 1, L.L. No. 7-1984; § 1, L.L. No. 9-1984; § 11, L.L. No. 4-1985; § 3, L.L. No. 10-2002; § 3, L.L. No. 5-2014]
There is hereby established a Board of Appeals of seven members, appointed by the Mayor, subject to confirmation by City Council. Members of the Board of Appeals shall be residents of the City of Rochester and shall not be officers or employees of the City or any of its agencies or departments. At all times, there shall be at least one member residing in each City Council District, except that the failure to meet this requirement shall not affect the validity of any Board action. Members of the Board of Appeals shall serve without compensation, but shall be entitled, to the extent of available funds appropriated therefor, to reimbursement for reasonable expenses necessarily incurred in the performance of their duties. The Mayor may appoint, subject to confirmation by City Council, up to three additional residents of the City of Rochester as alternate members, each of whom may serve as a member of the Board of the Appeals when called upon to do so as a temporary replacement for a regular member who is unable to participate in any application or other matter.
A. Jurisdiction and authority. In addition to the jurisdiction conferred on it by other provisions of the Charter, codes and ordinances of the City of Rochester, the Board of Appeals shall have the following jurisdiction and authority to be exercised in accordance with specific provisions established in the Municipal Code of the City of Rochester:
(1) To hear and decide appeals from and review orders, decisions or determinations made by the Director of Zoning, and to that end shall have the powers of the Director of Zoning with respect to such order, decision or determination.
(2) To grant or deny variances from the requirements of Chapter
120 of the Code of the City of Rochester.
(3) To grant or deny area variances for extensions, structural alterations or enlargement of nonconforming uses.
(4) To initiate changes and amendments to Chapter
120 of the Code of the City of Rochester.
(5) Upon reasonable, written request, to make its special knowledge and expertise available to any official, department, bureau, board, commission or agency of the City, county, state or federal governments to aid them in the performance of their respective duties relating to zoning and its administration in the City.
(6) In furtherance of the above jurisdiction and authority, to make such investigations, maps and reports, and recommendation in connection therewith, relating to zoning and its administration in the City of Rochester as seem desirable to it; provided, however, that the expenditures of the Board shall not exceed the amount appropriated therefor.