[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 (This ordinance superseded former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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
No Official Map variance shall be approved unless
the applicant shall establish the following:
(1)
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]
(2)
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.
(3)
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.
(4)
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]
A.
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:
(1)
The name and address of the owner-applicant.
(2)
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.
(3)
The address(es) of the affected property(ies).
(4)
A map showing the proposed change in the Official
Map.
(5)
A statement of the reason and necessity for the proposed
change.
(6)
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.
(7)
A statement of the present use of the affected property
and proposed change in such use.
(8)
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.
(9)
In the case of street renamings or memorializations,
the following additional information will be required:
(a)
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.
(b)
A statement documenting the significance of the proposed
name.
(c)
A statement documenting the significance of the existing
street name.
(d)
In the case of a street renaming, a petition containing
the signatures of 75% of the owners on the affected street.
(e)
In the case of a memorialization of a street, a petition
containing the signatures of 51% of the owners on the affected street.
(f)
A statement documenting the significance of the person
to be honored.
(10)
Street naming and renaming for a person shall also
be subject to the following:
(a)
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.
(b)
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.
(c)
An application for a naming or renaming shall
not be filed until after the first anniversary of the person's death.
B.
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.
C.
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.
