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Zoning Board of Appeals

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1. Why do I need Zoning Board of Appeals action?

Appeals to the ZBA are made for either alleged errors or variances in regard to the Zoning Ordinance.

In regard to alleged errors, the Zoning Board of Appeals hears and decides the outcome of appeals from citizens regarding any order, requirements, decision, or determination made by an Administrative Official charged with the enforcement of the Zoning Ordinance.

The Zoning Board of Appeals reviews applications for variances, which must be granted according to the terms of the Zoning Ordinance. Variances are only granted where, owing to special condition, a literal enforcement of the provisions of this ordinance would result in either:

• Practical difficulties - Dimensional requirements such as lot area and width regulations, building height regulations, and yard width and depth regulations
• Unnecessary hardship - Being too limited in definition as to what comprises a permitted use and all of its necessary uses, specified in the Zoning Ordinance

Variances, if approved by the Zoning Board of Appeals, run with the property. Consult the Rochester Zoning Ordinance for further information regarding the Zoning Board of Appeals.

2. What are the procedures once my application is filed?

When an application is filed with the Zoning Board of Appeals, you or your representative must be in attendance at the appropriate meeting(s) to present your request and to answer any questions from the board. For more information, consult the Zoning Board of Appeals Rules and Procedures.