A.
Direct responsibility for the administration of the
provisions of this chapter shall be vested in the City Council, Manager
of Zoning, Project Review Committee, Planning Commission, Preservation
Board and Zoning Board of Appeals, all in accordance with the provisions
of this article. The Commissioner of Neighborhood and Business Development,
the Corporation Counsel and other officials, departments and agencies
of the City shall cooperate in such administration and enforcement,
as specified below.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
B.
In addition to the jurisdiction, authority and duties
conferred on him or her by other provisions of the Charter, codes
and ordinances of the City of Rochester, the Corporation Counsel,
or his or her designee, shall have the following jurisdiction, authority
and duties with relation to the administration and enforcement of
this chapter:
[Amended 2-14-2006 by Ord. No. 2006-22]
(1)
The Corporation Counsel, or his or her designee, shall
attend all hearings of the Zoning Board of Appeals, the Planning Commission
and the Preservation Board and shall attend any meeting of any such
body at which his or her presence has been requested and shall act
as the legal advisor to the body holding such hearing or meeting.
(2)
The Corporation Counsel, or his or her designee, shall
provide all appropriate advice and aid to the Manager of Zoning in
the enforcement of this chapter and shall, where appropriate, initiate
such legal actions as may be necessary to the proper enforcement of
this chapter.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(3)
The Corporation Counsel, or his or her designee, shall
review and give his or her opinion concerning the legal sufficiency
of any Charter provision, code, ordinance, rule or regulation, or
amendments thereto, relating to land use development and regulation
presently in force or proposed for adoption by any official, department,
bureau, board, commission or agency of the City.
(4)
The Corporation Counsel, or his or her designee, shall
be available, on reasonable request, for consultation with the Manager
of Zoning, the Zoning Board of Appeals, the Planning Commission and
the Preservation Board concerning matters properly subject to their
jurisdiction and authority.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
A.
Jurisdiction, authority and duties. In addition to
the jurisdiction conferred on it by other provisions of the Charter,
codes and ordinances of the City, the City Council shall have the
following jurisdiction and authority:
(1)
Text amendments. The City Council shall be responsible
for reviewing Zoning Ordinance text amendment applications and for
taking final action to approve, approve with conditions, modify or
deny such applications.
(2)
Map amendments. The City Council shall be responsible
for reviewing map amendment (rezoning) applications and for taking
final action to approve, approve with conditions, modify or deny such
applications.
(3)
Planned development district designation. The City
Council shall be responsible for reviewing planned development district
designation applications and for taking final action to approve, approve
with conditions, modify or deny such applications.
(4)
Preservation district designation. The City Council
shall be responsible for reviewing preservation district designation
applications and for taking final action to approve, approve with
conditions, modify or deny such applications.
A.
Membership.
[Amended 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No.
2010-323; 7-22-2014 by Ord. No. 2014-209; 6-20-2017 by Ord. No. 2017-170]
(1)
There shall be a Project Review Committee made up
of the following individuals or a designee:
(a)
The Manager of Zoning;
(b)
The Director of Development Services;
(c)
The Manager of Planning;
(d)
The Permit Office Manager;
(e)
The City Engineer;
(f)
The Manager of Code Enforcement; and
(g)
Three urban design specialists, appointed by the Mayor, that could
include, but not be limited to, an architect, an urban planner and
a landscape architect.
(2)
The Manager of Zoning may request that other City
staff attend the discussions of the Project Review Committee as necessary.
B.
Chairperson. The Manager of Zoning shall serve as
Chair of all Project Review Committee meetings.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
C.
Staff Secretary and public record. The Manager of
Zoning, or a designee, shall be the Staff Secretary of the Project
Review Committee. The Staff Secretary shall provide for keeping a
file of all records of the Committee, and such records shall be public
records open to inspection at reasonable times and upon reasonable
notice.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
D.
Recommendation procedures.
(1)
Recommendation to the Manager of Zoning. Subject to the procedures, standards and limitations set forth in § 120-191, Procedures approved by the Manager of Zoning, the Project Review Committee shall review all major site plans referred to it by the Manager of Zoning and make a recommendation to approve, approve subject to conditions or deny the application.
[Amended 6-16-2009 by Ord. No. 2009-179; 7-22-2014 by Ord. No.
2014-209; 6-20-2017 by Ord. No. 2017-170]
(2)
Quorum and necessary vote. The Project Review Committee
may meet and deliberate at any meeting regardless of the presence
of a quorum consisting of five members or may continue consideration
of such matter to any later meeting. However, no final recommendation
shall be made on any such matter without a quorum being present. The
concurring recommendation of a majority of the quorum of the Committee
shall be necessary.
E.
Meetings and procedures.
(1)
Meetings.
(a)
Meetings shall be held on a regular basis, at
least monthly, to review and make recommendations on all development
within the authority of the Committee. All meetings of the Project
Review Committee shall be held at the call of the Chair or as provided
by rule of the Committee.
(b)
The applicant or an authorized designee may
be in attendance at the meetings to respond to clarifying questions
the Project Review Committee may have.
(c)
Meetings shall be open to the public; however,
no public participation shall be permitted.
F.
Record. The recommendation, with appropriate exhibits
and papers filed in any meeting before the Project Review Committee,
and the report shall constitute the record.
G.
Jurisdiction and authority. In addition to the jurisdiction
conferred on it by other provisions of the Charter, codes and ordinances
of the City, the Project Review Committee shall have the following
jurisdiction and authority:
(1)
Subject to the provisions of § 120-191, to review and make its recommendations on major site plan applications that have been referred to it by the Manager of Zoning.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2)
To review and make recommendations on neighborhood
design guidelines.
(3)
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 the design of development.
[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:
(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.
A.
Membership.
(1)
Appointment and terms. Pursuant to the Charter of
the City of Rochester, there is hereby established a Planning Commission,
which shall consist of seven regular members appointed by the Mayor,
subject to confirmation by City Council. All new members shall be
appointed for a two-year term; members may be appointed to subsequent
terms of two years. There shall be no limitation on the number of
terms served by a member of the Planning Commission.
(2)
Commission composition. Members of the Planning Commission
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 of the Commission to meet
this requirement shall not affect the validity of the Commission's
actions.
(3)
Compensation. Members of the Planning Commission shall
serve without compensation but shall be entitled, to the extent of
available funds appropriated, to reimbursement for reasonable expenses
necessarily incurred in the performance of their duties.
(4)
Vacancies. Permanent vacancies on the Planning Commission
shall be filled by the Mayor, subject to confirmation by City Council
as set forth above.
(5)
Mandatory training. The members of the Planning Commission
shall be required to attend at least eight hours of training regarding
land use issues by the end of their initial full term on the Commission.
For each subsequent term, the Planning Commission members shall be
required to attend four hours of training.
(6)
Removal. Any member of the Planning Commission may
be removed for cause by the Mayor at any time; provided, however,
that before any such removal, such member shall be given an opportunity
to respond to allegations of such cause in writing to the Mayor.
(a)
Cause for removal of a member shall include:
[1]
Any undisclosed or unlawful conflict of interest;
[2]
Any violation of the codes, ordinances or rules
applicable to the member's performance of his or her duties;
[3]
Any unwillingness or inability to carry out
his or her duties in a prompt, conscientious and competent manner;
[4]
Any conduct tending to cast doubt upon the integrity
or objectivity of the member in performing his or her duties or any
other specific conduct of the member found by the Mayor to be detrimental
to the proper functioning of the Commission.
(b)
Members shall be removed from the Planning Commission
if they miss 50% or more of the meetings during the course of one
calendar year or do not meet their mandatory training requirements.
B.
Chairperson and Vice Chairperson.
(1)
The members of the Planning Commission shall annually
elect one of their members as Chairperson, to preside at all meetings
and hearings of the full Commission and to fulfill the customary functions
of that office, and another of their number as Vice Chairperson. The
Chairperson and Vice Chairperson may administer oaths.
(2)
In the absence of the Chairperson, the Vice Chairperson
shall act as Chairperson and shall have all the powers of the Chairperson.
The Vice Chairperson shall have such other powers and duties as may
from time to time be provided by the rules of the Planning Commission.
(3)
In the absence of both the Chairperson and the Vice
Chairperson, the members present shall vote to establish a temporary
Chairperson.
C.
Staff Secretary and public record.
(1)
The Manager of Zoning, or a designee, shall be the
Staff Secretary of the Planning Commission and shall attend all its
proceedings and, upon request, the proceedings of any of its committees.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2)
The Staff Secretary shall provide for the keeping
of minutes of the proceedings of the Board, showing the vote of each
member upon every question or, if absent or failing to vote, indicating
such fact and shall maintain all state-mandated permanent records
of Commission meetings, hearings and proceedings and all correspondence
of the Commission. The Staff Secretary shall provide for keeping a
file of all records of the Commission, and such records shall be public
records open to inspection at reasonable times and upon reasonable
notice.
D.
Voting procedures.
(1)
Quorum.
(a)
As to any matter requiring a hearing before the Planning Commission, no business shall be transacted by the Commission without a quorum. The concurring vote of four members shall be necessary for any action by the Commission. If less than a quorum is present, the hearing may be adjourned as outlined in Subsection D(1)(b) below.
(b)
A member absent from any portion of a hearing
or meeting shall be qualified to vote at a subsequent hearing or meeting
upon the matter heard provided he or she shall first certify on the
record that he or she has reviewed the entire record of any such portion
of the hearing or meeting during which he or she was absent and has
been fully informed of the essential facts and issues of the matter
being heard so as to be able to cast an informed and independent vote.
[Amended 2-14-2006 by Ord. No. 2006-22]
(2)
Adjournment.
(a)
If during the course of a public hearing there
is a determination that a continuation of the hearing is needed and
the date and time are announced, no further notification of the adjournment
will be required.
(b)
If notification of the date and time of the
adjourned hearing date cannot be determined at the hearing, notification
requirements set forth in this chapter shall be followed.
(3)
Deliberation. As to any matter not requiring a hearing,
the Planning Commission may meet and deliberate at any properly called
meeting regardless of the presence of a quorum or may continue consideration
of such matter to any later meeting. However, no final action shall
be taken on any such matter without a quorum.
E.
Meetings, hearings and procedures.
(1)
Meetings. Regular meetings of the Planning Commission
shall be held at the call of the Chairperson, the Manager of Zoning,
or as provided by rule of the Commission. Special meetings shall be
called by the Chairperson at the request of any three members of the
Commission or at the request of the City Council.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2)
Hearings. All meetings and hearings of the Planning
Commission shall be open to the public. All testimony at any hearing
of the Planning Commission shall be given under oath.
(3)
Procedures. The Planning Commission shall adopt its
own rules of procedure for the conduct of its business consistent
with this chapter and the statutes of the State of New York. Such
rules shall be filed with the Staff Secretary of the Commission and
the City Clerk.
[Amended 6-17-2003 by Ord. No. 2003-183]
F.
Planning Commission bylaws. The Planning Commission
shall prepare and adopt bylaws from time to time outlining meeting
times and related procedures. The bylaws shall be submitted to the
Manager of Zoning for review and acceptance.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
G.
Record and decisions.
(1)
Record. The following shall constitute the record:
(2)
Decisions.
(a)
The Planning Commission may rely on the personal
knowledge of its members, on testimony during public hearings, on
its inspections of the property and on any reports available to it;
provided, however, that reliance on such matter shall not be allowed
unless the Commission shall have made the particular knowledge, inspection
or report a matter of record at the public hearing and afforded every
party reasonable time to respond to it at the hearing.
(b)
Every decision of the Planning Commission upon
an application for amending this chapter, for cluster development
approval, for special permit approval, for site plan approval or for
designation of a landmark shall be by written resolution which shall
include findings of fact, shall refer to all the evidence in the record
and to the exhibits, plans or specifications upon which such decision
is based and shall contain the findings of fact which shall set forth
the recommendation of the Commission or shall approve, approve with
conditions or deny approval. Every resolution shall expressly set
forth any limitations or conditions imposed on any approval or any
development, work or use authorized.
(3)
Final decision. The Planning Commission shall take
no final or binding vote on any decision pertaining to the aforesaid
applications unless it shall first state its findings and conclusions
as above required at a meeting open to the public.
(4)
Failure to act.
(a)
In any case where this chapter provides that
the failure of the Planning Commission 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 Commission 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.
(b)
Where no decision is made by the Planning Commission
and the time period for rendering a decision has not expired, the
action will be placed on the agenda of the next scheduled regular
or special meeting.
(5)
Notification of decision. Within 10 business days
following any decision on such applications, the Staff Secretary shall
mail notice thereof to each person entitled to such notice and file
such decision in the office of the City Clerk. As to other matters
brought before the Commission, the Commission shall prepare such report
as it shall deem appropriate to the subject matter.
H.
Conflicts. No member of the Planning Commission shall
participate in the hearing or disposition of any matter in which he
or she has an interest. Any conflict of interest prohibited by Article
18 of the General Municipal Law or by the Rochester Code of Ethics
and as interpreted by the Ethics Board shall disqualify a member.
[Amended 2-14-2006 by Ord. No. 2006-22]
I.
Appeals. An appeal from any final decision of the
Planning Commission as to any matter over which it has final authority
may be taken within 30 days of the filing of such decision by any
person aggrieved or by any authorized officer, department, bureau,
board or commission of the City in accordance with Article 78 of the
New York Civil Practice Law and Rules and § 38 of the New
York General City Law.
J.
Jurisdiction and authority. The Planning Commission
shall have the following jurisdiction and authority:
(1)
To review and recommend on matters relevant to the
Comprehensive Plan and the Official Map to the City Council.
[Amended 9-21-2010 by Ord. No. 2010-323]
(2)
To review the capital improvement program.
(3)
Subject to the provisions of § 120-190, to initiate, hear, review and offer its recommendations to the City Council on applications for amendment of this chapter.
(4)
Subject to the provisions of § 120-190, to hear, review and offer its recommendations to the City Council on applications for planned development district approval.
(5)
Subject to the provisions of § 120-192, to hear, review and finally decide applications for cluster development approval.
(6)
Subject to the provisions of § 120-192, to hear, review and finally decide applications for special permit approval.
(7)
To initiate, review and offer its recommendations
on proposals for the establishment of preservation districts .
(8)
Subject to the provisions of § 120-193, to initiate, review and approve or disapprove proposals for the designation of landmarks.
(9)
Subject to the provisions of § 120-191, to hear, review and finally decide on applications for site plan approval referred to the Commission.
(11)
To hear, review and approve subdivisions .
(12)
When requested, to aid and assist the City Council
and the departments and agencies of the City in planning specific
projects.
(13)
To review and report on any matter referred
to it by the City Council or Mayor. All aspects and effects of such
review and report shall be governed by the directions of the City
Council or Mayor in making such referral.
(14)
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 the planning and development of the City and its
region.
(15)
In furtherance of the above jurisdiction and
authority, to make such investigations, maps and reports, and recommendations
in connection therewith, relating to the planning and development
of the City of Rochester as seem desirable to it; provided, however,
that the expenditures of the Commission shall not exceed the amount
appropriated.
(16)
In furtherance of the above jurisdiction and
authority, and with the prior authorization of the Mayor, to employ
such experts and other assistants as may be necessary or convenient
to carry out its duties hereunder and to pay for their services and
for other necessary and proper expenses; provided, however, that such
expenditures shall not exceed such funds as may be appropriated for
such purposes from time to time by the City Council.
K.
Alternate
members. The Mayor is hereby authorized to appoint, subject to confirmation
by City Council, up to three alternate members to the Commission for
purposes of substituting for a regular member in the event such regular
member is unable to participate in the Commission's consideration
of any application or other matter.
[Added 9-16-2014 by Ord. No. 2014-275]
(1)
Substitution.
The Chairperson of the Commission may designate an alternate member
to substitute for a regular member when such regular member is unable
to participate in the consideration of any application or other matter
before the Commission due to a conflict of interest, illness, or any
other reason that causes the regular member to be absent or otherwise
unable to participate. When so designated, the alternate member shall
possess all the powers and responsibilities of such regular member
of the Commission for the application or matter so designated by the
Chairperson. Such designation shall be entered into the minutes of
the Commission meeting at which the substitution is made. Each alternate
member shall be a resident of Rochester and shall be appointed for
a two-year term.
(2)
Other requirements. All other provisions of this § 120-184 and the rest of the Municipal Code relating to the eligibility, compensation, ethics, conflicts of interest, vacancies, mandatory training, reappointment and removal of regular Commission members shall also apply to alternate members; provided, however, that there shall be no requirement that there be at least one alternate member residing in each City Council district.
A.
Membership.
(1)
Appointment and terms. Pursuant to the Charter of
the City of Rochester, there is hereby established a City Preservation
Board, which shall consist of seven regular members appointed by the
Mayor, subject to confirmation by City Council. All new members shall
be appointed for a two-year term; members may be appointed to subsequent
terms of two years. There shall be no limitation on the number of
terms served by a member of the Preservation Board.
(2)
Board composition.
(a)
Among the members of the Preservation Board
there shall be:
[1]
One licensed or certified real estate professional.
[Amended 11-15-2011 by Ord. No. 2011-351]
[2]
One member of a recognized historical association;
[3]
Two registered architects;
[4]
Two residents from two different preservation
districts established pursuant to this chapter; and
[5]
One resident at large.
(b)
Members of the Preservation Board shall be residents
of the City of Rochester, and no member of the Preservation Board
shall be an officer or employee of the City of Rochester or any of
its agencies or departments. The failure of the Board to meet the
composition requirement shall not affect the validity of the Board's
actions.
(3)
Compensation. Members of the Preservation Board shall
serve without compensation but shall be entitled, to the extent of
available funds appropriated, to reimbursement for reasonable expenses
necessarily incurred in the performance of their duties.
(4)
Vacancies. Permanent vacancies on the Preservation
Board shall be filled by the Mayor in the same manner as other appointments
as set forth above.
(5)
Mandatory training. The members of the Preservation
Board shall be required to attend at least eight hours of training
regarding historic preservation issues by the end of their initial
term on the Board. For each subsequent term, the Preservation Board
members shall be required to attend four hours of training.
(6)
Removal. Any member of the Preservation Board may
be removed for cause by the Mayor at any time; provided, however,
that before any such removal, such member shall be given an opportunity
to respond to allegations of such cause in writing to the Mayor.
(a)
Cause for removal of a member shall include:
[Amended 2-14-2006 by Ord. No. 2006-22]
[1]
Any undisclosed or unlawful conflict of interest;
[2]
Any violation of the codes, ordinances or rules
applicable to the member's performance of his or her duties;
[3]
Any unwillingness or inability to carry out
his or her duties in a prompt, conscientious and competent manner;
[4]
Any conduct tending to cast doubt upon the integrity
or objectivity of the member in performing his or her duties or any
other specific conduct of the member found by the Mayor to be detrimental
to the proper functioning of the Board.
(b)
Members shall be removed from the Board if they
miss 50% of the meetings during the course of one calendar year or
do not meet their mandatory training requirements.
B.
Chairpersons.
(1)
Chairperson and Vice Chairperson.
(a)
The members of the Preservation Board shall
annually elect one of their number as Chairperson, to preside at all
meetings and hearings of the full Board and to fulfill the customary
functions of that office, and another of their number as Vice Chairperson.
The Chairperson and Vice Chairperson may administer oaths.
(b)
In the absence of the Chairperson, the Vice
Chairperson shall act as Chairperson and shall have all the powers
of the Chairperson. The Vice Chairperson shall have such other powers
and duties as may from time to time be provided by the rules of the
Preservation Board.
(c)
In the absence of both the Chairperson and the
Vice Chairperson, the members present shall vote to establish a temporary
Chairperson.
(2)
Committee chairperson. In any case where a committee
of the Board is authorized to act, the Chairperson may designate or,
absent such designation, the committee members may select a committee
chairperson. While acting as such, the committee chairperson shall
have all of the powers of the chairperson with respect to the conduct
of meetings and hearings of the committee.
C.
Committees. For the purpose of reviewing and acting upon applications for certificates of appropriateness pursuant to § 120-194, the Preservation Board may, by rule, establish procedures for the appointment or selection of permanent or ad hoc committees, consisting of three members of the Board, and for the assignment to such committees of such applications for action. Except as specifically provided otherwise in this section, the provisions of this section pertaining to the Preservation Board shall be applicable to its committees.
D.
Staff Secretary and public record.
(1)
The Manager of Zoning, or a designee, shall be the
Staff Secretary of the Preservation Board and shall attend all its
proceedings and, upon request, the proceedings of any of its committees.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2)
The Staff Secretary shall provide for the keeping
of minutes of the proceedings of the Board, showing the vote of each
member upon every question or, if absent or failing to vote, indicating
such fact and shall maintain all state-mandated permanent records
of Board meetings, hearings and proceedings and all correspondence
of the Board at the direction of the City Clerk. The Staff Secretary
shall provide for keeping a file of all records of the Board, and
such records shall be public records open to inspection at reasonable
times and upon reasonable notice.
E.
Voting procedures.
(1)
Quorum.
(a)
As to any matter requiring a hearing before
the Preservation Board, no business shall be transacted by the Board
without a quorum of four members. The concurring vote of four members
shall be necessary for any action by the Board. If less than a quorum
is present, the hearing may be adjourned to the next scheduled meeting
or to a special meeting as determined by the Board. The Staff Secretary
shall notify in writing all members of the date of the adjourned hearing
and shall also notify such other interested parties as may be designated
in the vote of adjournment.
(b)
A member absent from any portion of a hearing
or meeting shall be qualified to vote at a subsequent hearing or meeting
upon the matter heard provided he or she shall first certify on the
record that he or she has reviewed the entire record of any such portion
of the hearing or meeting during which he or she was absent and has
been fully informed of the essential facts and issues of the matter
being heard so as to be able to cast an informed and independent vote.
[Amended 2-14-2006 by Ord. No. 2006-22]
(2)
Adjournment.
(a)
If during the course of a public hearing there
is a determination that a continuation of the hearing is needed and
the date and time are announced, no further notification of the adjournment
will be required.
(b)
If notification of the date and time of the
adjourned hearing date cannot be determined at the hearing, notification
requirements set forth in this chapter shall be followed.
(3)
Deliberation. As to any matter not requiring a hearing,
the Preservation Board or any of its committees may meet and deliberate
at any properly called meeting regardless of the presence of a quorum
or may continue consideration of such matter to any later meeting.
However, no final action shall be taken on any such matter without
a quorum.[1]
F.
Meetings, hearings and procedures.
(1)
Meetings. Regular meetings of the Preservation Board
shall be held monthly at the call of the Chairperson, the Manager
of Zoning or as provided by rule of the Board. Special meetings shall
be called by the Chairperson or at the request of the City Council.
Meetings of any committee of the Preservation Board shall be held
by agreement of all three members. Notice for this meeting shall be
the formation of the committee at the Board's meeting and a contact
person will be established.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2)
Hearings. All meetings and hearings of the Preservation
Board and its committees shall be open to the public. All testimony
at any hearing of the Preservation Board shall be given under oath.
(3)
Procedures. The Preservation Board shall adopt its
own rules of procedure for the conduct of its business consistent
with this chapter and the statutes of the State of New York. Such
rules shall be filed with the Staff Secretary of the Commission and
the City Clerk.
G.
Preservation Board bylaws. The Preservation Board
shall prepare and adopt bylaws from time to time outlining meeting
times and related procedures. The bylaws shall be submitted to the
Manager of Zoning for review and acceptance.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
H.
Record and decisions.
(1)
Record. The following shall constitute the record:
(a)
The transcript of testimony, if any;
(b)
The minutes of the Staff Secretary, if any;
(c)
All applications, staff report, consultant reports,
requests, exhibits and papers filed in any proceeding before the Preservation
Board;
(d)
All recommendations, comments and decisions
from committees; and
(e)
The decision of the Board.
(2)
Decisions.
(a)
The Preservation Board may rely on the personal
knowledge of its members, on testimony from the public hearing, on
its inspections of the property and on any reports available to it;
provided, however, that reliance on such matter shall not be allowed
unless the Board shall have made the particular knowledge, inspection
or report a matter of record at the public hearing and afforded every
party reasonable time to respond to it at the hearing.
(b)
Every decision of the Preservation Board upon
an application for the designation of a preservation district or a
landmark and every decision of the Preservation Board or a committee
of the Preservation Board approving, conditionally approving or denying
a certificate of appropriateness shall be by written resolution, including
findings of fact, shall refer to all the evidence in the record and
to the exhibits, plans or specifications upon which such decision
is based and shall contain the findings of fact, which shall set forth
the recommendation of the Board or shall approve, approve with conditions
or deny approval. Every resolution shall expressly set forth any limitations
or conditions imposed on any approval or any development, work or
use authorized.
(3)
Final action. The Preservation Board or any of its
committees shall take no final or binding vote on any of the aforesaid
decisions unless it shall first state its findings and conclusions
as above required at a meeting open to the public.
(4)
Failure to act.
(a)
In any case where this chapter provides that
the failure of the Preservation Board 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 Board 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.
(b)
Where no decision is made by the Preservation
Board and the time period for rendering decisions has not expired,
the action will be placed on the agenda of the next scheduled regular
or special meeting.
(5)
Notification of decision. Within 10 business days
following any decision of the Preservation Board or one of its committees,
the Staff Secretary shall mail notice thereof to each person entitled
to such notice and shall file the decision with the City Clerk. As
to other matters brought before the Board, the Board shall prepare
such report as it shall deem appropriate to the subject matter.
I.
Conflicts. No member of the Preservation Board shall
participate in the hearing or disposition of any matter in which he
or she is interested. Any conflict of interest prohibited by Article
18 of the General Municipal Law or by the Rochester Code of Ethics
of the Rochester Municipal Code and as interpreted by the Ethics Board
shall disqualify a member.
[Amended 2-14-2006 by Ord. No. 2006-22]
J.
Appeals. An appeal from any final decision of the
Preservation Board as to any matter over which it has final authority
may be taken within 30 days of the filing of such decision by any
person aggrieved or by any authorized officer, department, bureau,
board or commission of the City in accordance with Article 78 of the
New York Civil Practice Law and Rules.
K.
Jurisdiction and authority. The Preservation Board
shall have the following jurisdiction and authority:
(1)
Subject to the provisions of § 120-192, to review and offer recommendations on applications for special permits that have been referred to it by the Manager of Zoning.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2)
Subject to the provisions of § 120-193, to initiate, hear, review and, subject to the similar authority of the Planning Commission, approve or disapprove proposals for the designation of landmarks.
(3)
Subject to the provisions of § 120-190, to initiate, hear, review and offer its recommendations on proposals for the designation of preservation districts.
(4)
Subject to the provisions of § 120-195, to review and offer recommendations on applications for variances that have been referred to it by the Manager of Zoning.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(5)
To develop and adopt preservation guidelines.
(6)
To review and finally decide applications for certificates
of appropriateness.
(7)
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 preservation and landmark matters.
(8)
In furtherance of the above jurisdiction and authority,
and with the prior authorization of the Mayor, to employ such experts
and other assistants as may be necessary or convenient to carry out
its duties hereunder and to pay for their services and other necessary
and proper expenses; provided, however, that such expenditures shall
not exceed such funds as may be appropriated for such purposes from
time to time by the City Council.
L.
Alternate
members. The Mayor is hereby authorized to appoint, subject to confirmation
by City Council, up to three alternate members to the Preservation
Board for purposes of substituting for a regular member in the event
such regular member is unable to participate in the Board's consideration
of any application or other matter.
[Added 9-16-2014 by Ord. No. 2014-275]
(1)
Substitution.
The Chairperson of the Preservation Board may designate an alternate
member to substitute for a regular member when such regular member
is unable to participate in the consideration of any application or
other matter before the Board due to a conflict of interest, illness,
or any other reason that causes the regular member to be absent or
otherwise unable to participate. When so designated, the alternate
member shall possess all the powers and responsibilities of such regular
member of the Board for the application or matter so designated by
the Chairperson. Such designation shall be entered into the minutes
of the Board meeting at which the substitution is made. Each alternate
member shall be a resident of Rochester and shall be appointed for
a two-year term.
(2)
Other requirements. All other provisions of this § 120-185 and the rest of the Municipal Code relating to the eligibility, compensation, ethics, conflicts of interest, vacancies, mandatory training, reappointment and removal of regular Board members shall also apply to alternate members; provided, however, that there shall be no requirement that the alternate members as a group satisfy each of the professional certification, preservation district residency, and residency at large requirements that apply to the regular Board members.
A.
Membership.
(1)
Appointment and terms. Pursuant to the Charter of
the City of Rochester, there is hereby established a Zoning Board
of Appeals, which shall consist of seven regular members appointed
by the Mayor, subject to confirmation by City Council. All new members
shall be appointed for a two-year term; members may be appointed to
subsequent terms of two years. There shall be no limitation on the
number of terms served by a member of the Zoning Board of Appeals.
(2)
Board composition. Members of the Zoning 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 of the Board to meet
this requirement shall not affect the validity of the Board's actions.
(3)
Compensation. Members of the Zoning Board of Appeals
shall serve without compensation but shall be entitled, to the extent
of available funds appropriated, to reimbursement for reasonable expenses
necessarily incurred in the performance of their duties.
(4)
Vacancies. Permanent vacancies on the Zoning Board
of Appeals shall be filled by the Mayor, in the same manner as other
appointments as set forth above.
(5)
Mandatory training. The members of the Zoning Board
of Appeals shall be required to attend at least eight hours of training
regarding land use issues by the end of their initial full term on
the Board. For each subsequent term, the Zoning Board of Appeals members
shall be required to attend four hours of training.
(6)
Removal. Any member of the Zoning Board of Appeals
may be removed for cause by the Mayor at any time; provided, however,
that before any such removal such member shall be given an opportunity
to respond to allegations of such cause in writing to the Mayor.
(a)
Cause for removal of a member shall include:
[Amended 2-14-2006 by Ord. No. 2006-22]
[1]
Any undisclosed or unlawful conflict of interest;
[2]
Any violation of the codes, ordinances or rules
applicable to the member's performance of his or her duties
[3]
Any unwillingness or inability to carry out
his or her duties in a prompt, conscientious and competent manner;
[4]
Any conduct tending to cast doubt upon the integrity
or objectivity of the member in performing his or her duties or any
other specific conduct of the member found by the Mayor to be detrimental
to the proper functioning of the Board.
(b)
Members shall be removed from the Zoning Board
of Appeals if they miss 50% or more of the meetings during the course
of one calendar year or do not meet their mandatory training requirements.
B.
Chairperson and Vice Chairperson.
(1)
The members of the Zoning Board of Appeals shall annually
elect one of their members as Chairperson, to preside at all meetings
and hearings of the full Board and to fulfill the customary functions
of that office, and another of their number as Vice Chairperson. The
Chairperson and Vice Chairperson may administer oaths.
(2)
In the absence of the Chairperson, the Vice Chairperson
shall act as Chairperson and shall have all the powers of the Chairperson.
The Vice Chairperson shall have such other powers and duties as may
from time to time be provided by the rules of the Zoning Board of
Appeals.
(3)
In the absence of both the Chairperson and the Vice
Chairperson, the members present shall vote to establish a temporary
Chairperson.
C.
Staff Secretary and public record.
(1)
The Manager of Zoning, or a designee, shall be the
Staff Secretary of the Zoning Board of Appeals and shall attend all
its proceedings and, upon request, the proceedings of any of its committees.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2)
The Staff Secretary shall provide for the keeping
of minutes of the proceedings of the Board showing the vote of each
member upon every question or, if absent or failing to vote, indicating
such fact and shall maintain all state-mandated permanent records
of Board meetings, hearings and proceedings and all correspondence
of the Board. The Staff Secretary shall provide for keeping a file
of all records of the Board, and such records shall be public records
open to inspection at reasonable times and upon reasonable notice.
D.
Voting procedures and quorum.
(1)
As to any matter requiring a hearing before the Zoning
Board of Appeals, no business shall be transacted by the Board without
a quorum. The concurring vote of four members shall be necessary to
approve an application or appeal. Failure to obtain the concurring
vote of four members shall be deemed a denial. If less than a quorum
is present, the hearing may be adjourned to the next scheduled meeting
or to a special meeting as determined by the Board. The Staff Secretary
shall notify in writing all members of the date of the adjourned hearing
and shall also notify such other interested parties as may be designated
in the vote of adjournment.
(2)
A member absent from any portion of a hearing or meeting
shall be qualified to vote at a subsequent hearing or meeting upon
the matter heard provided he or she shall first certify on the record
that he or she has reviewed the entire record of any such portion
of the hearing or meeting during which he or she was absent and has
been fully informed of the essential facts and issues of the matter
being heard so as to be able to cast an informed and independent vote.
[Amended 2-14-2006 by Ord. No. 2006-22]
E.
Adjournment.
(1)
If during the course of a public hearing there is
a determination that a continuation of the hearing is needed and the
date and time are announced, no further notification of the adjournment
will be required.
(2)
If notification of the date and time of the adjourned
hearing date cannot be determined at the hearing, notification requirements
set forth in this chapter shall be followed.
F.
Meetings, hearings and procedures.
(1)
Meetings. Regular meetings of the Zoning Board of
Appeals shall be held at the call of the Chairperson or as provided
by rule of the Board. Special meetings shall be called by the Chairperson.
(2)
Hearings. All meetings and hearings of the Zoning
Board of Appeals shall be open to the public. All testimony at any
hearing of the Zoning Board of Appeals shall be given under oath.
(3)
Procedures. The Zoning Board of Appeals shall adopt
its own rules of procedure for the conduct of its business consistent
with this chapter and the statutes of the State of New York. Such
rules shall be filed with the Staff Secretary of the Board and the
City Clerk.
[Amended 6-17-2003 by Ord. No. 2003-183]
G.
Zoning Board of Appeals bylaws. The Zoning Board of
Appeals shall prepare and adopt bylaws from time to time outlining
meeting times and related procedures. The bylaws shall be submitted
to the Manager of Zoning for review and acceptance.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
H.
Record and decisions.
(1)
Record. The following shall constitute the record:
(2)
Decisions.
(a)
The Board may rely on the personal knowledge
of its members, on testimony at the public hearing, on its inspections
of the property and on any reports available to it; provided, however,
that reliance on such matter shall not be allowed unless the Board
shall have made the particular knowledge, inspection or report a matter
of record at the public hearing and afforded every party reasonable
time to respond to it at the hearing.
(b)
Every decision of the Zoning Board of Appeals
shall be by resolution which shall include findings of fact, shall
refer to all the evidence in the record and to the exhibits, plans
or specifications upon which such decision is based, shall specify
the reason or reasons for such decision, shall contain a conclusion
or statement separate from the findings of fact setting forth the
specific relief approved or denied, and shall expressly set forth
any limitations or conditions imposed on any relief approved or work
or use authorized.
(3)
Final action. In taking final action, the Zoning Board
of Appeals shall first state its findings and conclusions at a meeting
open to the public and shall, in addition, state the special circumstances
warranting such action.
(4)
Failure to act.
(a)
In any case where this chapter provides that
the failure of the Zoning Board of Appeals 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 Board 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.
(b)
Where no decision is made by the Zoning Board
of Appeals and the time period for rendering a decision has not expired,
the action will be placed on the agenda of the next scheduled regular
or special meeting.
(5)
Notification of decision. Within 10 business days
following any decision of the Zoning Board of Appeals, the Staff Secretary
shall mail notice thereof to each person entitled to such notice and
file such decision in the office of the City Clerk. As to other matters
brought before the Board, the Board shall prepare such report as it
shall deem appropriate to the subject matter.
I.
Conflicts. No member of the Zoning Board of Appeals
shall participate in the hearing or disposition of any matter in which
he or she is interested. Any conflict of interest prohibited by Article
18 of the General Municipal Law or by the Rochester Code of Ethics
of the Rochester Municipal Code shall disqualify a member.
[Amended 2-14-2006 by Ord. No. 2006-22]
J.
Appeals. An appeal from any final decision of the
Zoning Board of Appeals may be taken within 30 days of the filing
of such decision by any person aggrieved or by any authorized officer,
department, bureau, board or commission of the City in accordance
with Article 78 of the New York Civil Practice Law and Rules and § 81-c
of the New York General City Law.
K.
Jurisdiction and authority. The Zoning Board of Appeals
shall have the following jurisdiction and authority:
(1)
Subject to the provisions of § 120-189 hereof, to hear and decide appeals from, and review orders, decisions or determinations made by, the Manager of Zoning and to that end shall have the power of the Manager of Zoning with respect to such order, decision or determination.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2)
Subject to the provisions of § 120-195 hereof, to approve or deny variances from the requirements of this chapter.
(3)
Subject to the provisions of § 120-190 hereof, to initiate changes and amendments to this chapter.
(4)
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.
(5)
In furtherance of the above jurisdiction and authority,
to make such investigations, maps and reports, and recommendations
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.
L.
Alternate
members. The Mayor is hereby authorized to appoint, subject to confirmation
by City Council, up to three alternate members to the Zoning Board
of Appeals for purposes of substituting for a regular member in the
event such regular member is unable to participate in such Board's
consideration of any application or other matter.
[Added 9-16-2014 by Ord. No. 2014-275]
(1)
Substitution.
The Chairperson of the Zoning Board of Appeals may designate an alternate
member to substitute for a regular member when such regular member
is unable to participate in the consideration of any application or
other matter before the Board due to a conflict of interest, illness,
or any other reason that causes the regular member to be absent or
otherwise unable to participate. When so designated, the alternate
member shall possess all the powers and responsibilities of such regular
member of the Board for the application or matter so designated by
the Chairperson. Such designation shall be entered into the minutes
of the Board meeting at which the substitution is made. Each alternate
member shall be a resident of Rochester and shall be appointed for
a two-year term.
(2)
Other requirements. All other provisions of this § 120-186 and the rest of the Municipal Code relating to the eligibility, compensation, ethics, conflicts of interest, vacancies, mandatory training, reappointment and removal of regular Board members shall also apply to alternate members; provided, however, that there shall be no requirement that there be at least one alternate member residing in each City Council district.
[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.
|