[Amended 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 12-15-2009 by Ord. No. 2009-411; 9-21-2010 by Ord. No. 2010-323; 6-20-2017 by Ord. No. 2017-170]
A. Staff Secretary. The Manager of Zoning, or a designee,
shall serve as Staff Secretary to the Zoning Board of Appeals, the
Planning Commission, the Environmental Commission, the Preservation
Board and the Project Review Committee. The Manager of Zoning, or
a designee, shall, in that capacity:
(1) Attend the meetings of each such body.
(2) Inform each such body of all facts and information
at his or her disposal with respect to any matter brought before such
body.
(3) Give notice, 30 days prior to the expiration of the
term of any member of any such bodies, of the date on which the term
of such member shall expire to such member and to the Commissioner
of Neighborhood and Business Development.
(4) Perform such other duties as may be assigned to the
Manager of Zoning by the Charter, this chapter and by the rules of
such bodies.
B. Records. The Manager of Zoning shall maintain a copy
of all official records pertaining to the official duties as outlined
in this chapter and the various bodies for which the Manager serves
as staff secretary. Such records shall be filed with the City Clerk,
as required by law.
C. Applications; receipt, processing and notification.
(1) Receipt. The Manager of Zoning shall receive all applications,
other than applications for certificates of occupancy, required to
be filed pursuant to this chapter and such other applications that
the codes and ordinances of the City may from time to time require
to be filed with the Manager of Zoning.
(2) Processing. Upon receipt of any such application,
the Manager of Zoning shall see to its processing, including its referral
to and retrieval from each official, department, bureau, board, commission
or agency of the City, or other government, with any interest in or
duty with respect to such application.
(3) Notification.
(a)
Within five business days following the final
disposition of any application submitted to the Manager of Zoning
pursuant to this subsection, the Manager of Zoning shall notify:
[2]
Any other department, bureau, board, commission
or officer of the City whose duties may be affected by such action.
(b)
In any case where an application has been denied,
such notice shall inform the applicant of any right to appeal such
denial that may exist pursuant to this chapter.
D. Failure to act. In any case where this chapter provides
that the failure of the Manager of Zoning to act within a fixed period
shall be deemed a denial of an application, such failure shall, notwithstanding
the absence of required findings and conclusions, be considered to
be a decision of the Manager of Zoning rendered on the day following
the expiration of such fixed period. Such a decision may be appealed
in the same manner as any other decision but, on such appeal, shall
be entitled to no presumption of correctness.
E. Jurisdiction, authority and duties.
(1) Whenever the Zoning Board of Appeals, the Planning
Commission, the Environmental Commission, the Preservation Board or
the Project Review Committee by general rule or specific direction
so requests, the Manager of Zoning shall conduct or request such surveys,
investigations and field studies and shall prepare or cause to be
prepared such reports, maps, photographs, charts and exhibits as shall
be necessary and appropriate to the processing of any application
filed with the Manager of Zoning.
(2) In addition to the jurisdiction, authority and duties
conferred on the Manager of Zoning by other provisions of the Charter,
codes and ordinances of the City of Rochester, the Manager of Zoning,
or a designee, shall be charged with the administration of this chapter
and shall have all powers necessary to such administration and, in
particular, shall have the following jurisdiction, authority and duties:
(a)
Certificate of zoning compliance. Pursuant to the provisions of §
120-189, the Manager of Zoning shall review all applications for certificates of zoning compliance and approve or disapprove the applications based on compliance or noncompliance with the provisions of this chapter.
(b)
Site plan review.
[1]
Subject to the procedures, standards and limitations set forth in §
120-191, the Manager of Zoning shall review or cause to be reviewed all site plans and approve, approve with conditions or deny such applications.
[2]
All major site plans shall be referred to the
Project Review Committee for review and recommendation. The Manager
of Zoning shall comply with the recommendation unless there are documented
reasons for rejecting the findings and issuing a decision that is
contrary to the recommendation of the Project Review Committee.
(c)
Administrative adjustments. Subject to the procedures, standards and limitations set forth in §
120-191, the Manager of Zoning shall review or cause to be reviewed applications for administrative adjustments and shall approve, approve with conditions or deny such applications.
(d)
Interpretations. Pursuant to the provisions of §
120-191, the Manager of Zoning shall issue written interpretations of the meaning and applicability of specific provisions of this chapter. Any interpretation of this chapter shall be kept on file with the Manager of Zoning and shall be a public record of the City open to inspection by all persons at reasonable times and upon reasonable notice.
[Amended 6-20-2017 by Ord. No. 2017-170]
(e)
Planned development district and cluster modifications. The Manager of Zoning shall have the authority to approve detailed development plans as part of the planned development district and cluster modifications process pursuant to §§
120-190 and
120-192. In addition, the Manager of Zoning shall have authority to permit minor adjustments to final plans for planned development districts.
[Amended 6-20-2017 by Ord. No. 2017-170]
(f)
Certificates of appropriateness. The Manager
of Zoning shall issue all certificates of appropriateness for applications
that conform to the preservation guidelines adopted by the Preservation
Board.
(g)
Certificate of nonconformity. The Manager of Zoning shall issue all certificates of nonconformity subject to the requirements of Article
XXIV.
(h)
Other permits. The Manager of Zoning shall issue
all other certificates, permits and approvals required by this chapter
or after being authorized to do so by the person or body responsible
for authorizing such issuance. All such certificates, permits and
approvals shall contain any information required to be included therein
by this chapter or the authorizing person or body and, in particular,
shall expressly set forth any limitations or conditions imposed on
the issuance of such permit.
(i)
Extensions of time. The Manager of Zoning may,
upon written request by an applicant or a permittee prior to the expiration
date of the approval, for good cause shown and without notice of hearing,
extend the original time limit imposed on an applicant or permittee
by this chapter or, unless a resolution shall expressly provide otherwise,
by any resolution of any body acting pursuant to this chapter, for
a period not to exceed the length of the original period. For any
additional time limit extensions, the Manager of Zoning shall notify
the appropriate approval body that shall make a recommendation for
or against the extension. A nonrefundable fee, as may be established
from time to time by the City Council to defray administrative costs,
shall accompany each request.
(j)
Reports. Twenty-four months after the effective
date of this chapter, the Manager of Zoning shall submit a comprehensive
report evaluating the performance and effectiveness of the Zoning
Code to the Mayor and City Council. Thereafter, such reports shall
be prepared at the request of the Mayor or the City Council.
F. Input from other departments. The Manager of Zoning
may request technical and legal aid, assistance and expertise from
appropriate City departments for the various boards and commissions
as he or she may reasonably require in the performance of his or her
duties.
The Rochester Environmental Commission shall have the jurisdiction and authority set forth in Chapter
48.
[Amended 6-20-2017 by Ord. No. 2017-170]
The following table summarizes the review authority
for various application processes outlined in this chapter in the
City of Rochester.
Summary of Authorities
|
---|
Procedure
|
Manager of Zoning
|
Project Review Committee
|
Preser-
vation Board
|
Environ-
mental Comm-
ission
|
Planning Comm-
ission
|
City Council
|
Board of Appeals
|
---|
Certificate of zoning compliance
|
D
|
|
|
|
|
|
A - Variances, Admin-
istrative Appeal
|
PD District designation
|
R
|
|
|
SR
|
RR
|
D
|
|
Preservation district designation
|
R
|
|
RR
|
SR
|
RR
|
D
|
|
Zoning text or map amendment (rezoning)
|
R
|
|
|
SR
|
RR
|
D
|
|
Administrative adjustment
|
D
|
|
|
|
|
|
A
|
Certificate of nonconformity
|
D
|
|
|
|
|
|
A
|
Interpretations
|
D
|
|
|
|
|
|
A
|
PD detailed plan
|
D
|
|
|
|
|
|
A
|
Site plan review
|
|
|
|
|
|
|
|
Minor
|
D
|
|
|
SR
|
A
|
|
|
Major
|
D
|
RR
|
|
SR
|
A
|
|
|
Cluster development
|
R
|
|
|
SR
|
D
|
|
|
Special permit
|
R
|
|
|
SR
|
D
|
|
|
Neighborhood design guidelines
|
|
RR
|
|
|
D
|
|
|
Certificate of appropriateness
*Subject to conformance with preservation guidelines
|
D*
|
|
D
|
SR
|
|
|
|
Certificate of economic hardship
|
|
|
D
|
|
|
|
|
Designate landmark
|
|
|
D
|
|
D
|
|
|
Administrative appeal
|
|
|
|
|
|
|
D
|
Variance
|
R
|
|
|
SR
|
|
|
D
|
KEY:
|
R
|
=
|
Review/Report
|
RR
|
=
|
Review/Recommendation
|
D
|
=
|
Final Decision
|
A
|
=
|
Appeal
|
SR
|
=
|
Review only for SEQR (State Environmental Review Act) Type 1
actions or other actions at the discretion of the Manager of Zoning.
|