The powers, duties, and responsibilities of the common council consist of all the powers, duties, and responsibilities set forth in chapter 2, article II of the Rome Code of Ordinances. Specifically related to this code, the common council:

(a)

Approve all proposed zoning amendments.

(b)

Approve all proposed planned developments.

(Ord. No. 9301A, 9-26-18)

The powers, duties, and responsibilities of the planning board consist of all the powers, duties, and responsibilities set forth in chapter 2, article III, division 2 of the Rome Code of Ordinances. Specifically related to this code, the planning board:

(a)

Propose a zoning amendment by resolution to the common council.

(b)

Review all proposed zoning amendments.

(c)

Review all proposed planned developments.

(d)

Complete site plan reviews as described in this code.

(e)

Complete subdivision plan reviews as described in chapter 62 of the Rome Code of Ordinances.

(f)

Submit advisory reports to the common council recommending a zoning amendment to keep the zoning code up to date.

(g)

Provide historic district recommendations to the planning department.

(Ord. No. 9301A, 9-26-18)

(a)

General governing rules.

i.

The zoning board of appeals ("board") is governed by the provisions of General City Law, article 5-a, any other applicable state statutes, local laws, ordinances, and this section.

ii.

The zoning board of appeals consists of five regular members who are appointed to and serve on the zoning board of appeals in accordance with the General City Law, § 81. Each member will serve for a term of five years. Vacancies for the unexpired term of any members will be filled for such unexpired period only.

iii.

Pursuant to general city law, section 81, the mayor may appoint up to three alternate members of the zoning board of appeals for purposes of substituting for a regular member in the event such regular member(s) is/are unable to participate because of an absence or conflict of interest. Any alternate member(s) so appointed will possess all the powers and responsibilities of a regular member of the zoning board of appeals. The term of any alternate member appointed commences on January 1 and expires on December 31 of each year regardless of the actual date during the year said alternate member(s) is/are appointed. The chairperson, in his discretion, may designate an alternate member(s) to substitute for a regular member(s) in the event of an identified conflict of interest.

(b)

Organization. The zoning board of appeals will elect annually from its members by a majority vote a chairman and vice-chairman who may be elected to succeed themselves. The chairman, or in his absence or incapacity, the vice-chairman will decide all points of order or procedure and may administer oaths, and request the attendance of witnesses.

(c)

Meetings.

i.

Quorum. A quorum consists of three voting members of the zoning board of appeals.

ii.

Time of meeting.

a.

Regular meetings are held on the first Wednesday of each month at 6:30 p.m., or at such other hour as the chairman may designate. The first regular meeting in January, excluding any special called meetings or rescheduling due to holidays, constitutes the annual organization meeting of the zoning board of appeals.

b.

Special meetings may be called by the chairman at any time provided that at least 24-hour notice is given each member before a special meeting is held. The chairman will call a special meeting within ten days of receipt of a written request from any two members of the zoning board of appeals.

iii.

Cancellation of meetings. Whenever there are no appeals or special use permits, special exceptions, or variances, or other pertinent business to be considered at a regular meeting, the chairman may dispense with such meeting by so notifying each member at least 48 hours prior to the time set for such meetings.

iv.

Order of business. The order of business is:

a.

Roll call.

b.

Action on new cases.

c.

Action on held cases.

d.

Other business.

e.

Adjournment.

v.

Voting and disqualification of members.

a.

All matters will be decided by roll call vote. Decisions on matters requiring public hearings and which reverse any order, requirement, decision, or determination made by the codes enforcement officer or to decide in favor of the applicant any matter upon which he is required to determine under any such an ordinance, or to grant any variance from the requirements of such an ordinance requires the affirmative vote of three voting members of the zoning board of appeals present at such hearing.

b.

Alternates used in the case of absence or conflicts of interest area considered voting members.

c.

No member of the zoning board of appeals shall sit in hearing or vote on any matter in which he/she is personally or financially interested, nor shall he/she vote on the determination of any appeal unless he/she has attended the public hearing for such appeal.

(d)

Conduct of public hearings. When a public hearing by the zoning board of appeals is required, conduct of such hearings is as described in this section.

i.

Any person may appear in person, by agent or attorney, at any public hearing. The order of proceedings in the hearing of each case at a public hearing is as follows:

a.

Reading of the public notice.

b.

Reading of pertinent written comments or reports concerning the appeal.

c.

Witnesses in favor of the appeal.

d.

Witnesses in opposition to the appeal.

e.

Rebuttals.

ii.

The chairman or any member of the zoning board of appeals may require any witness to swear or affirm that his/her statements of fact are true.

iii.

A motion for the zoning board of appeals to hold a rehearing to review any order, decision, or determination of the board not previously reheard may be made by any member of the zoning board of appeals. The motion may be made upon a finding by the zoning board of appeals that a substantial change in facts, evidence, or conditions has occurred warranting said rehearing. However, a unanimous vote of all members of the zoning board of appeals then present is required for such rehearing to occur. The rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing, the zoning board of appeals may reverse, modify, or annul its original order, decision, or determination upon the unanimous vote of all members then present, provided the zoning board of appeals finds that the rights vested in persons acting in good faith in reliance upon the reheard order, decision or determination will not be prejudiced thereby.

(e)

Powers. The zoning board of appeals has the powers and duties prescribed by statutes and by this code, including the following:

i.

To grant special use permits.

ii.

To grant use or area variances.

iii.

To hear appeals from a determination or interpretation of the codes enforcement officer, or on request by any official, department or board of the city.

iv.

To permit residential conversions in the R-2 and RP districts by special use permit.

v.

To submit advisory reports to the common council or planning board recommending a zoning amendment to keep the zoning code up to date.

(Ord. No. 9301A, 9-26-18)

(a)

The provisions of this code are administered, interpreted, and enforced by the chief codes enforcement officer or designee, who has the power to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this code.

(b)

No zoning permit or certificate of occupancy will be issued by the codes enforcement officer unless in compliance with the provisions of this code, or as directed by the zoning board of appeals.

(Ord. No. 9301A, 9-26-18)