ZONING OFFICE (585) 428-7043

What Is Zoning?

Zoning is the legal mechanism that reserves the integrity of neighborhoods by providing for orderly growth and compatible uses of land and buildings in the area.

This function is performed through enforcement of regulations called the Zoning Ordinance, which determines how properties can be used, what types of buildings can be constructed, how much parking must be provided, where buildings can be constructed on the property, etc.

What Is A Zoning Variance?

Occasionally, zoning requirements are altered for a specific piece of property due to special circumstances related to its location or proposed use.  A variance is the procedure by which the regulations are modified for these properties.  There are two basic types of variances, use variances and area variances.

 

Area Variance

An Area Variance is authorization by the Zoning Board of Appeals for the use of land in a manner that is not permitted by the regulations of the Zoning Ordinance such as, but not limited to: a dimension, such as size, height and setback; physical requirements; and requests which relate to yard, bulk and space requirements.

Use Variance

A Use Variance is authorization by the Zoning Board of Appeals for the use of land or a structure for a purpose that is otherwise not allowed or is prohibited by the Zoning Ordinance.

 

Who Can Apply?

A variance application may be submitted by a property owner, the owner's agent (such as a contractor, attorney, architect or real estate agent) or a person having a contractual interest in the property such as a tenant or option holder.

How Do I Apply?

Applications are available in the Permit Office, Room 121B, 30 Church Street.  Upon submission of the completed application, a public hearing will be scheduled.

Who Approves Variances?

The Zoning Board of Appeals holds public hearings and grants or denies variance requests. The Zoning Board is a seven (7) member board appointed by the Mayor and confirmed by City Council for two (2) year terms. The concurring vote of four members is necessary to approve a variance.   The Zoning Board meets once a month.

What Must The Applicant Prove?

The burden of proof in applying for a variance lies entirely upon the applicant. In the case of a use variance, the applicant must demonstrate that using the property only for purposes permitted under strict application of the Zoning Ordinance causes an unnecessary hardship or lack of fair return on investment.  In the case of an area variance, the application must show that due to unique physical characteristics of the property, strict conformance to Zoning Ordinance specifications (like set-back distances, for example) is unfeasible or impractical.

What Happens At The Public Hearing?

The applicant is allowed fifteen (15) minutes to present his/her case.  Persons speaking either in favor or in opposition are allowed three (3) minutes to address the Board, ten (10) minutes if the speaker is an authorized representative of an established neighborhood association.   The applicant is allowed a five-minute rebuttal.  After the regular hearing, the Zoning Board holds a deliberation-and-voting session which is open to the public.

Is An Attorney Necessary?

No.  However, the applicant or a representative of his/her choice must attend the public hearing to present the application.

How Long Does The Process Take?

Generally, a decision can be expected within six to eight weeks from the date that an application is filed.  A ruling of the Zoning Board may be appealed to the State Supreme court within 30 days after the Board's decision has been filed with the Bureau of Buildings and Zoning, Division of Zoning.

How Long Is A Variance Valid?

The rights to a Variance must be exercised within six (6) months by obtaining a building permit and/or Certificate of Occupancy.   The approval of a Variance shall not authorize the commencement of any work, rather it merely authorizes the preparation, filing, and processing of applications for any permits and approvals which may be required by the codes and ordinances of the City.

For More Information:

Zoning Ordinance Online

Section 120-195B of the Rochester Zoning Ordinance contains details of the Variance Procedure.  Call the City's Bureau of Buildings and Zoning, Division of Zoning at (585) 428-7043 for more information