[HISTORY: Adopted by the Rochester City Council 12-17-2002 by Ord. No. 2002-387. (This ordinance superseded former Ch. 76, Official Map or Plan, adopted as follows: Art. I, Establishing Official Map or Plan, 6-23-1930 by Ord. No. 2174; Art. II, Amending, Changing and Adding to the Official Map or Plan, 4-27-1931 by Ord. No. 2673; and Art. III, Additional Amending, Changing and Adding to the Official Map or Plan, 5-28-1968 by Ord. No. 68-156.) Amendments noted where applicable.]
The map showing the streets, highways and parks heretofore laid out, adopted and established by law is hereby readopted and declared to be a part of this chapter and is hereby established as the Official Map of the City of Rochester.
The Official Map shall be a subsidiary part of the Comprehensive Plan which shall be developed, adopted and amended in accordance with the procedure hereinafter established. The Official Map herein defined is the Official Map authorized by § 26 of the New York General City Law.
The Official Map shall show the streets and parks laid out, adopted and established in the City and shall be final and conclusive with respect to the location and width of streets and highways and the location of parks shown thereon.
Street abandonment. An amendment of the Official Map abandoning a dedicated right-of-way may be initiated by City Council, the Planning Commission or by the owner/owners of affected properties.
Street renaming. An amendment of the Official Map renaming an existing dedicated street may be initiated by City Council, the City Planning Commission, or by the owners of 75% of the affected properties.
Street memorialization. A memorialization of an existing dedicated street may be initiated by City Council, the Planning Commission or by owners of 51% of the affected properties.
Other. An amendment of the Official Map, including but not limited to the widening of existing streets, may be initiated by City Council, the Planning Commission, the City Engineer or by the owner/owners of property affected by the proposed amendment.
Amendments shall be initiated by an application addressed to the City Council and filed with the City Engineer. A nonrefundable application fee to help defray all administrative costs of the hearings shall accompany each such application.
An Official Map variance is a variance which would permit the erection of a building, structure or other improvement within the bed of a street or highway shown on the Official Map of the City or which would permit erection of a building on a lot not served by an improved street.
Upon the adoption of the Official Map, as amended, no permit for any building, structure or other improvement in the bed of any street or highway shown thereon shall be issued by any official, board or agency of the City unless an Official Map variance has been authorized by the Zoning Board of Appeals following review by the City Engineer. In addition, no permit for any building shall be issued unless a street shown on the Official Map, as amended, and improved in accordance with the requirements of the Subdivision Ordinance, gives access to such building or unless a performance bond in lieu of such improvement has been provided in accordance with the provisions of § 36 of the New York General City Law and the Rochester Subdivision Code or unless an Official Map variance from such requirements has been granted by the Zoning Board of Appeals.
No Official Map variance shall be approved unless the applicant shall establish the following:
No reasonable return. The subject lot or parcel is not capable of yielding a reasonable return if used for its present use or developed, redeveloped or used for any other use permitted or specially permitted by this chapter (and not prohibited by any other applicable law) in the district in which such lot or parcel is located unless some encroachment on a mapped street or highway is allowed or unless building in the absence of an improved street is allowed. Such inability to yield a reasonable return must be shown by specific facts, and the unsupported opinion of the owner or those appearing for him or her shall not be accepted as establishing such inability. Proof that the property cannot be used for its highest or best use unless such encroachment or building is allowed or that it could be used more profitably if such encroachment or building were allowed shall not, alone, be sufficient to establish such inability.
[Amended 2-14-2006 by Ord. No. 2006-22]
No other remedy. There is no means other than the requested variance by which the hardship can be avoided or remedied to a degree sufficient to permit the economic use of the subject lot or parcel.
Lapse of 10 years. With respect to permits to build in the bed of a mapped street or highway, the Board of Appeals may find a lack of fair return in any case where a street or highway has been shown on the Official Map for 10 years or more and where the City has not acquired the property included within such mapped street or highway, commenced condemnation proceedings to acquire it, or reconfirmed the street or highway by adoption of the Official Map.
Lack of access: additional condition. For purposes of a variance from the requirements prohibiting construction on any parcel not having access to an improved street, lack of fair return shall require proof, in addition to proof of each of the conditions set forth above, that the particular circumstances do not require the proposed structure to have access to an existing or proposed street. Such conditions shall be expressly set forth in the resolution granting the variance and the notice informing the applicant thereof and in any zoning permit based thereon.
[Amended 6-16-2009 by Ord. No. 2009-176; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
The application shall be in such form and contain such information as may from time to time be established by general rule of the City Engineer with respect to Official Map amendments and by the Manager of Zoning with respect to Official Map variances. Applications shall be accompanied by a fee established by City Council from time to time. Fees are not required with applications by the City Council, Planning Commission or City agencies. Applications shall in no event contain less than the following information:
The name and address of the owner-applicant.
The name, residence and the nature and extent of the interest, as defined by § 809 of the General Municipal Law of New York, of any state officer or any officer or employee of the City of Rochester or the County of Monroe in the owner-applicant, if known to the applicant.
The address(es) of the affected property(ies).
A map showing the proposed change in the Official Map.
A statement of the reason and necessity for the proposed change.
A statement of any other applications relating to the affected property which have been or are intended to be filed pursuant to this chapter, the Subdivision Code or the Building Code.
A statement of the present use of the affected property and proposed change in such use.
Such other and further information as the City Engineer or the Planning Commission may deem to be necessary or appropriate to a full and proper consideration and disposition of the particular application.
In the case of street renamings or memorializations, the following additional information will be required:
A Right-of-Way Naming Act application approved by the 911 Program Office pursuant to Resolution 366, the Monroe County Right-of-Way Naming Act, in accordance with the New York State Right-of-Way Naming Act of 1987.
A statement documenting the significance of the proposed name.
A statement documenting the significance of the existing street name.
In the case of a street renaming, a petition containing the signatures of 75% of the owners on the affected street.
In the case of a memorialization of a street, a petition containing the signatures of 51% of the owners on the affected street.
A statement documenting the significance of the person to be honored.
Street naming and renaming for a person shall also be subject to the following:
Applications requesting the naming or renaming of a portion of a street shall be prohibited. A continuous street must have the same name throughout its length.
Streets may not be named or renamed after a living person, except that they may be named after a family prominent in local history even if family members are alive.
An application for a naming or renaming shall not be filed until after the first anniversary of the person's death.
Upon receipt of a completed application for an Official Map amendment, the Manager of Zoning shall schedule an information meeting before the City Planning Commission, which shall be held within 30 days from receipt of the completed application, pursuant to the procedures set forth in Chapter 120 of the Municipal Code, Zoning Code. Mailed notice for the public hearing before City Council shall be sent by first-class mail with delivery confirmation to the person and address noted on the last preceding real property tax notice issued on the property affected by such application. Any comments from the City Engineer must be received by the Manager of Zoning at least five days prior to the public hearing.
Within 62 days from receipt of a completed Official Map variance application, the Manager of Zoning shall schedule a public hearing with the Zoning Board of Appeals, pursuant to the procedures for variances set forth in Chapter 120 of the Municipal Code, Zoning Code. Within 10 days from the receipt of a completed Official Map variance application, the Manager of Zoning shall refer the application to the City Engineer. The City Engineer may submit comments on any application no later than five days before the date of the hearing.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
Upon adoption of an Official Map amendment, the City Engineer shall cause certified copies thereof to be placed on file in the offices of the Planning Commission, City Clerk and Manager of Zoning and shall cause a certificate evidencing the adoption of such amendment, to be filed with the County Clerk of Monroe County.