[HISTORY: Adopted by the Rochester City Council
10-13-1965 by Ord. No. 65-298. Amendments noted where applicable.]
[Amended 2-14-2006 by Ord. No. 2006-22]
There is hereby established a Board of Review
having the power authorized under § 325 of the Multiple
Residence Law. The Board shall consist of three members appointed
by the Council. One member shall be a registered architect or professional
engineer. The term of office of each member of the Board shall be
for three years; provided, however, that of the members first appointed
one shall be appointed for a term of one year; one for a term of two
years; and one for a term of three years. Any members chosen to fill
a vacancy occurring otherwise than by expiration of term shall be
appointed for the unexpired term of the member whom he or she is to
succeed.
[Amended 2-14-2006 by Ord. No. 2006-22]
The Board shall elect its Chair from its own
members. Two members of the Board shall constitute a quorum. The concurring
vote of at least two members of the Board shall be necessary for action.
[Amended 1-23-1968 by Ord. No. 68-18; 9-24-1968 by Ord. No. 68-295; 3-11-1969 by Ord. No. 69-111]
The Board shall have power within its own applicable
area:
A.
With respect to dwellings existing on the effective
date of the enactment of the Multiple Residence Law, to vary or modify,
in whole or in part, the application of any provision of the Multiple
Residence Law, or any rule or regulation of the department charged
with enforcement of the Multiple Residence Law, relating and limited
to:
[Amended 6-27-1985 by Ord. No. 85-263]
B.
With respect to new construction or to construction
being altered or remodeled, to vary or modify, in whole or in part,
the application of any local provision of the Building Code, Plumbing
Code, Property Conservation Code, Fire Prevention Code[1] or any other law or ordinance except as noted below, enforced
by the Commissioner of Neighborhood and Business Development of the
City of Rochester.
[Amended 2-10-1981 by Ord. No. 81-45; 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No. 2009-179]
C.
To accept applications on approvals that have been
previously denied by the Commissioner of Neighborhood and Business
Development or by other authorities as set forth in the Building Code.
[Added 8-8-1972 by Ord. No. 72-375;[2] amended 2-10-1981 by Ord. No. 81-45; 6-27-1985 by Ord. No. 85-263; 6-16-2009 by Ord. No. 2009-179]
D.
To limit their activities such that modifications
or variances are not granted upon any provisions of:
(1)
The Multiple Residence Law with respect to new buildings;
(2)
The Multiple Residence Law with respect to existing buildings (as defined in that law) on items other than what are listed in Subsection B above;
(4)
Decisions rendered by hearings otherwise duly conducted
by the Department of Neighborhood and Business Development.
[Amended 2-10-1981 by Ord. No. 81-45; 6-16-2009 by Ord. No. 2009-179]
(5)
The New York State Uniform Fire Prevention and Building
Code.
[Added 6-27-1985 by Ord. No. 85-263]
E.
To prescribe, at the discretion of the Board, alternative
or substitute requirements in the granting of any modification or
variance, where such requirements are appropriate or necessary to
effectuate the basic spirit and intent of the law and to preserve
the equivalent of the degree of public health, safety and welfare
that is provided in the law. Any such variance or modification shall
be granted only after satisfactory proof has been presented at a public
hearing, of practical difficulties or unnecessary hardships to be
encountered or caused by compliance with the strict letter of such
law, rule or regulation.
F.
To fix a reasonable time for the hearing of an application,
requiring that due notice be given of the time and place of such hearing
to the applicant and to the department or to the other person affected.
In every case the Board shall state the reason or reasons for its
decision. A record of all orders, requirements and decisions of the
Board shall be kept in the office of the Board, and such record shall
be open to public inspection at all times during normal business hours.
G.
To enter, or delegate to any employee or officer of
the Board power to enter, any building or property for the purpose
of conducting investigations, surveys or inspections necessary to
carry out the provisions of this chapter.
H.
To conduct examinations and investigations, administer
oaths, hear testimony and take proof, under oath, if the Board should
so determine, of any matter relevant or necessary to carry out the
provisions of this chapter.
I.
To do all other things convenient and necessary to
carry out its power.
J.
No member of the Board, nor any of its employees,
shall pass upon any question relating to any premises in which he
or she or any corporation in which he or she is a stockholder or security
holder has any interest directly or indirectly.[4]
[Amended 2-14-2006 by Ord. No. 2006-22]
[4]
Editor's Note: See also Charter, § 2-18,
Code of Ethics.
K.
An application for such a variance or modification
may be made within 30 days after the date of issuance of a permit
covering such construction, or within 15 days following the date of
decision rendered by the Commissioner of Neighborhood and Business
Development or his designated representative, by any person or his
or her representative aggrieved, or by the head of any agency or department
conducting business within the City of Rochester. An aggrieved person
shall be construed as one who is directly and adversely affected by
a provision of law or an interpretation of said law, if same comes
within the jurisdiction of laws that may be considered by the Board,
as set forth in this chapter. Any action or decision of the Board
may be reviewed on the law or the facts in the manner provided by
and pursuant to the provisions of Article 78 of the Civil Practice
Law and Rules.
[Amended 2-10-1981 by Ord. No. 81-45; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179]
L.
An appeal shall stay all proceedings, both civil and
criminal, in the furtherance of the action appealed from, unless the
officer from whom the appeal is taken shall file with the Board to
which the appeal has been taken a certificate that, by reason of facts
stated therein, a stay would, in his or her opinion, cause imminent
peril to life or property, in which case proceeding shall not be stayed
otherwise than by a restraining order which, upon good cause shown,
may be granted by such Board or by the Supreme Court, on application,
at least three days' notice of which shall be given to the officer
from whom the appeal is being taken.
[Amended 2-14-2006 by Ord. No. 2006-22]
M.
The Review Board shall have power to charge and collect
reasonable fees and to make rules governing such charges.
