East Rochester City Zoning Code
ARTICLE X
District Regulations
§ 193-53 R-1-70 and R-1-48 Residential Districts.
The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the R-1-70 and R-1-48 Residential Districts. The purpose of these districts is to provide for single-family residential development, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings.
A.
B.
Permitted accessory uses. The following accessory uses shall be permitted:
(1)
Not more than one private garage (attached or detached) per lot.
(2)
Not more than one customary residential storage structure per lot.
(3)
Other customary residential accessory structures, including but not limited to private swimming pools, domestic pet shelters, fireplaces, patios, trellises, lamps, posts and the like.
C.
Uses permitted with a special use permit. The following uses shall be permitted with a special use permit:
(1)
Public utility structures and uses, excluding power plants, repair and/or maintenance yards, telecommunications towers and other uses of a similar nature.
(2)
Appropriate public and semipublic uses of an institutional, health, educational, recreational, religious or cultural nature not otherwise permitted in Subsection A, such as but not limited to the following:
(3)
Professional offices and home occupations, subject to the regulations in § 193-60, provided that they are carried out in conjunction with a residential use on the property.
(4)
Funeral homes.
(5)
Two-family dwellings constructed or converted prior to zoning restrictions excluding the same and not eligible for treatment as prior existing nonconforming uses only when owner-occupied and only when modified to comply with the New York State Uniform Fire Prevention and Building Code as of the date of the issuance of the special permit.
(6)
Day-care centers.
D.
Dimensional requirements. The dimensional requirements for these two districts are specified in Schedules I and I-a, which are attached to and made a part of this chapter.[2]
[2]
Editor's Note: Schedules I and I-a are included as attachments to this chapter.
§ 193-54 PD Planned Development District.
A.
Purpose. The purpose of the Planned Development District is:
(1)
To provide for new residential, commercial, industrial and/or recreational development in which the economies of scale and creative and innovative planning and architectural concepts and techniques may be utilized by the developer without departing from the spirit and intent of this chapter.
(2)
To provide for the most appropriate, efficient and environmentally sound use of the remaining undeveloped land areas within the Town/Village.
(3)
To ensure that the regulations of this section are so interpreted and applied that the benefits of this chapter to the residents or occupants of the Planned Development District and the residents or occupants of adjacent properties will be protected.
B.
Objectives. In order to carry out the purpose of this article, a planned development shall achieve at least the following objectives. It shall:
(1)
Incorporate a coordinated development plan for all contiguous land within the Planned Development District.
(2)
Provide open space as an integral part of the plan.
(3)
Provide for the convenient location of commercial and service areas.
(4)
Preserve trees, outstanding natural topography and geologic features.
(5)
Make creative use of land and related physical development.
(6)
Make efficient use of land resulting in smaller networks of utilities and streets and thereby lowering costs for construction, maintenance and housing.
(7)
Provide a development pattern in harmony with the objectives of the Town/Village Comprehensive Plan.
C.
Location. New development pursuant to this section shall be located within areas designated for planned development on the Zoning Map.
D.
Permitted uses. The Town/Village Board of Trustees may authorize the following types of development within the PD Planned Development District:
(1)
Housing developments which may range from single-family to multifamily dwellings.
(2)
Commercial uses permitted by right in the LC or GC District.
(3)
Public or commercial recreation.
(4)
Industrial uses permitted by right in the I District.
(5)
Any combination of the above, except that industrial development shall not be combined with residential or recreational development.
E.
Procedures.
(1)
General procedures.
(a)
Site plans for specific planned development projects may be approved by the Town/Village Board of Trustees.
(b)
The applicant shall submit an application for preliminary site plan approval to the Town/Village Board of Trustees.
(c)
Any development within a PD District shall be strictly in accord with the particular site plan approved by the Town/Village Board of Trustees.
(2)
Applicant. The applicant may be a single person, a corporation or a group of individuals or corporations. An application shall be filed by the owner or jointly by the owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
(3)
Application for site plan approval of a planned development. Application for site plan approval of a planned development shall be made to the Town/Village Board of Trustees. Within 10 days of receipt, the Town/Village Board of Trustees shall refer the application to the Zoning Board of Appeals for a recommendation. The applicant shall furnish basic data pertaining to the boundaries of the proposed development and the existing zoning, topography, drainage and soil conditions and such preliminary plans as may be required for an understanding of the type, uses and design of the proposed development.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
Zoning Board of Appeals review of application to establish a planned development.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
The Zoning Board of Appeals and the Board's professional engineer and/or planning consultant, if any, shall review such application. The Board may require such changes in the application as are found to be necessary to meet the requirements of this section, to protect the established permitted uses in the vicinity and to promote the orderly growth and sound development of the community. In evaluating the proposal and in reaching its decision, the Zoning Board of Appeals shall consider and make findings regarding the following:
[1]
The existing character of the neighborhood.
[2]
The height, bulk and location of principal and accessory buildings on the site in relation to one another and to other structures and uses in the vicinity.
[3]
The auto and pedestrian traffic circulation features within the site and the amount of, location of and access to automobile parking areas and loading areas.
[4]
The proposed location, type and size of signs, driveways and landscape features.
[5]
The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.
[6]
Water supply, sanitary sewers, storm drainage, solid waste disposal and other utilities on and adjacent to the site.
(b)
The Zoning Board of Appeals shall report its findings and recommendation to the Town/Village Board of Trustees within 62 days as to approval, disapproval or conditional approval of the application.
(5)
Zoning Board of Appeals recommendations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
The Zoning Board of Appeals shall prepare a report to the Town/Village Board of Trustees containing findings as to:
[1]
The suitability of the tract for the general type of development proposed, physical characteristics of the land and relation of the proposed development to surrounding areas and existing and probable future development.
[2]
The relation to major roads, utilities and other facilities and services.
[3]
The adequacy of evidence on unified control and suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guaranties or other instruments or the need for such instruments or for amendments in those proposed.
[4]
The suitability of plans proposed or the desirability of amendments, with reasons therefor.
[5]
The desirable specific modifications in regulations, based on determinations that such modifications are necessary or justified in the particular case by demonstration that the public purposes of PD or other regulations would be met to at least an equivalent degree by proposals of the applicant.
(b)
Based on such findings, the Zoning Board of Appeals shall recommend approval of the PD preliminary site plan as proposed, approval conditioned on specific stated modifications or disapproval, with reasons recorded therefor.
(6)
Public hearing on the preliminary site plan. The Town/Village Board of Trustees shall hold a public hearing after public notice on the preliminary site plan for the proposed development and shall consider the report and recommendations of the Zoning Board of Appeals and all other comments, reviews and statements pertaining thereto.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7)
Action by the Town/Village Board of Trustees.
(a)
The Town/Village Board of Trustees may approve the preliminary site plan in accord with PD and other regulations applicable, include any specific modifications of PD or other applicable regulations as provided in Subsection E(5)(a)[5] above, or may deny the application.
(b)
If the preliminary site plan is approved, the Town/Village Board of Trustees shall, in its approving action, approve the preliminary site plan as it may have been changed during earlier procedures or indicate required modifications, and such approved preliminary site plan, with required modifications, if any, shall be binding in determinations concerning final development plans. If modifications are required, the Town/Village Board of Trustees shall officially state its reasons therefor in the record.
(c)
If the preliminary site plan is approved, the development shall be required to be in accord with final development plans meeting the requirements of these and other regulations, as supplemented or modified by the Town/Village Board of Trustees in the particular case as part of the approving action, and shall conform to any time or priority limitations established by the Town/Village Board of Trustees on beginning and completion of the development as a whole or in specified stages.
(d)
At the time of approval of the preliminary site plan, the Town/Village Board of Trustees shall pass upon the adequacy in form and substance of any agreements, contracts, deed restrictions, sureties or other instruments involved, and, before development may proceed, such instruments shall be approved by appropriate officers and agencies.
(8)
Zoning Board of Appeals action on approval of final plans.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Approval of final plans and reports.
[1]
After a preliminary site plan has been approved, no building permit shall be issued therein unless the Zoning Board of Appeals has approved the final site plan and accompanying reports for the development as a whole or stages or portions thereof deemed satisfactory in relation to the total development. The form and content of such final plan and reports shall be as prescribed in zoning and subdivision regulations or other regulations involved, generally or for particular PD Districts, and in rules of the Zoning Board of Appeals and other affected agencies.
[2]
Approval of final site plans and accompanying reports shall be based on substantial compliance with the preliminary site plan, including such specific modifications as were made by the Town/Village Board of Trustees.
[3]
Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order and location in which building permits are to be issued in the particular PD District shall be observed. Except as provided below, final plans and reports approved shall be binding on the applicants and any successors in title so long as PD zoning applies to the land.
(b)
Changes in approved final plans. Changes in approved final plans and reports may be approved by the Zoning Board of Appeals only upon findings identical to those required for original approval. Other changes shall be approved subject to further Town/Village Board of Trustees action.
(c)
Final site plan approval is administrative action. No public notice or hearing is required in connection with approval proceedings on final plans or changes in approved plans, but the Zoning Board of Appeals may hold such hearings with such notice as it deems appropriate in connection with such actions and in compliance with the Village Law.
(9)
Expiration of time limits on PD site plan approvals.
(a)
If actions required in any approval of a site plan in a PD District are not taken within any time limits set in connection with such approval, the Zoning Board of Appeals shall review the circumstances and prepare a written report specifying the circumstances and recommending that:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b)
Such recommendations shall include proposals for appropriate action in respect to any legal instruments in the case. Such recommendations shall be transmitted to the Town/Village Board of Trustees.
§ 193-55 TR Townhouse Residential District.
The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the TR Townhouse Residential District. The purpose of this district is to provide for multifamily residential development, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings.
B.
Permitted accessory uses. The following accessory uses shall be permitted: any accessory use permitted in the R-1-48 Residential District.
D.
Dimensional requirements. The dimensional requirements for this district are specified in Schedules I and I-a, which are attached to and made a part of this chapter.[1]
[1]
Editor's Note: Schedules I and I-a are included as attachments to this chapter.
E.
Special provisions.
(1)
An application for a townhouse development shall comply with the site plan requirements specified in § 193-42 of this chapter.
(2)
A tract of land may be rezoned to an TR Townhouse Residential District, provided that the minimum land area required for such uses shall be one acre.
(4)
Where there is more than one building in a complex, no buildings shall be closer together than the height of the lower building.
(5)
A strip of land at least six feet in width surrounding each building shall be kept completely open except for foundation plantings of less than six feet in height.
(6)
Courtyards bounded on three sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.
(7)
Townhouse developments shall be attractively shrubbed and properly maintained. Open space adjacent to, around or between driveways, parking areas, structures or other required improvements shall be graded and seeded to provide a thick stand of grass or other plant material.
§ 193-56 LC Limited Commercial and C/I Mixed Commercial/Industrial Districts.
The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the LC Limited Commercial and C/I Mixed Commercial/Industrial Districts.
A.
Purpose.
(1)
The purpose of the LC Limited Commercial District is to provide for attractive and efficient retail shopping facilities of integrated design in appropriate locations. It is intended that the district shall be laid out and developed as a unit according to an approved plan so that the purpose of the district may be accomplished.
(2)
The purpose of the C/I Mixed Commercial/Industrial District is to provide for the orderly development and redevelopment of areas that have historically contained a mix of commercial and industrial uses.
B.
Permitted uses. The following uses shall be permitted:
(1)
Retail business establishments which are clearly of a community service character, such as but not limited to the following:
(a)
Stores selling groceries, meats, baked goods and other such food items.
(b)
Drugstores.
(c)
Stationery, tobacco and newspaper stores and confectionery stores.
(d)
Variety and general merchandise stores, except for adult bookstores.
(e)
Hardware, appliance, automotive supplies, radio and television sales and service.
(f)
Restaurants.
(2)
Personal service establishments which are clearly of a community service character, such as but not limited to the following:
(3)
Specialized trade, professional or business schools.
(4)
Day-care centers.
(5)
Other business uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
C.
Subject to the following requirements and approval of a site plan by the Zoning Board of Appeals, a principal building may contain a combination of residential and business uses.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
E.
Uses permitted with a special use permit. The following uses shall be permitted with a special use permit:
(1)
Gasoline service stations.
(2)
Public utility uses, excluding telecommunications towers.
(3)
Light assembly and light fabrication.
(4)
Public and semipublic uses, such as but not limited to the following:
(5)
Funeral home.
(6)
Motor vehicle sales, public garages and motor vehicle repair shops may be permitted with a special permit in the C/I District.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(7)
Light industrial uses permitted in the I District may be permitted with a special permit in the C/I District.
(8)
Warehouse, storage and distribution facilities shall be permitted with a special permit in the C/I District.
F.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I which is attached to and made a part of this chapter.[2]
[2]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 193-57 GC General Commercial District.
The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the GC General Commercial District. The purpose of this district is to provide sufficient space in appropriate locations for a wide variety of business, commercial and miscellaneous service activities, particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material or the nuisance factors of dust, odor and noise associated with manufacturing.
A.
Permitted uses. The following uses shall be permitted:
(1)
Any use permitted by right in the LC Limited Commercial District.
(2)
Indoor commercial recreation facility, as defined herein, including but not limited to the following: amusement place, skating rink, bowling alley, billiard parlor, swimming pool, dance hall, auditorium or theater.
(3)
Bottling works, dyeing and cleaning works or laundry, plumbing and heating shop, painting shop, upholstering shop not involving furniture manufacture, tinsmithing shop, tire sales and service (including vulcanizing and recapping but not manufacturing), appliance repairs and general service and repair establishments similar in character to those listed, provided that no outside storage of material is permitted except as provided in this section, and further provided that no use permitted in this subsection shall occupy more than 6,000 square feet of floor area.
(4)
Motor vehicle repair shop, provided that no outside storage of material is permitted except as provided in this section, and further provided that no such use shall occupy more than 6,000 square feet of floor area.
(5)
Drive-in or fast-food restaurants.
(6)
Food storage lockers.
(7)
Hotels or motels.
(8)
Material storage yards in connection with retail sales of products where storage is incidental to the approved occupancy of a store or other permitted use, provided that all products and materials used or stored are in a completely enclosed building or enclosed by a masonry wall, fence or hedge not less than six feet in height. Storage of all materials and equipment shall not exceed the height of the wall. Storage of cars and trucks used in connection with the permitted trade or business is permitted within the walls, but not including storage of heavy equipment, such as road building or excavating equipment.
(9)
Printing, publishing and engraving establishments.
(10)
Wholesale establishment or warehouse in a completely enclosed building so long as floors are devoted to such uses and shall not exceed 20,000 square feet.
(11)
Motor vehicle sales establishments.
(12)
Self-service storage facility.
(13)
Animal hospital or veterinary clinic, provided that animals shall be housed at all times within a completely enclosed building.
B.
C.
Uses permitted with a special use permit. The following uses shall be permitted with a special use permit:
(1)
Light industrial uses.
(2)
Car wash establishments.
(3)
Gasoline service stations, public garages and motor vehicle repair shops.
(4)
Public utility uses, excluding telecommunications towers.
(5)
Outdoor commercial recreation facility.
(6)
Public and semipublic uses, such as but not limited to the following:
(7)
Funeral home.
D.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I which is attached to and made a part of this chapter.[2]
[2]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 193-58 I Industrial District.
The purpose of this district is to provide for the establishment of light industrial uses essential to the development of a balanced economic base in an industrial environment and to regulate such development so that it will not be detrimental or hazardous to the surrounding community and to the general health, safety and well-being of the Town/Village of East Rochester.
A.
Permitted uses. The following uses shall be permitted:
(1)
Any use of a light industrial nature is permitted which involves only the processing, assembly or packaging of previously prepared or refined materials, provided that at no time will such use result in or cause:
(2)
The following uses are indicative of those which are intended to be permitted:
(a)
Manufacture of machinery, including but not limited to small machine parts, cash registers, sewing machines and typewriters, calculators, other office machines and electronic equipment.
(b)
Fabrication of metal products, such as baby carriages, bicycles, metal foil, tin, aluminum, gold, etc., metal furniture, musical instruments, sheet metal products and toys.
(c)
Fabrication of paper products, such as bags, bookbindings, boxes and packaging material, office supplies and toys.
(d)
Fabrication of wood products, such as boats, boxes, cabinets and woodworking, furniture and toys.
(e)
Food and associated industries, such as bakeries, bottling of food and beverages, food and cereal mixing and milling, food processing, food sundry manufacturing, ice cream manufacturing and manufacturing of spirituous liquor.
(f)
The warehousing or storage of goods and products, such as food products, building materials, farm supplies and the like, which may be sold from the premises to the general public. The bulk storage of fuel for resale is specifically excluded from the intent of the above.
(g)
Office buildings for executive, engineering and administrative purposes.
(h)
Scientific or research laboratories devoted to research, design and/or experimentation and processing and fabricating incidental thereto.
(i)
The manufacturing and processing of pharmaceutical and cosmetic products.
(j)
Distribution center.
(k)
Self-service storage facility.
(l)
Motor vehicle repair shop or public garage.
(m)
Printing, publishing or engraving.
(n)
Repair and cleaning facilities.
(o)
Animal hospital or clinic.
(p)
Other uses which, in the opinion of the Zoning Board of Appeals, are similar in nature and scale to those permitted above.
B.
Permitted accessory uses. The following accessory uses shall be permitted:
C.
Dimensional requirements. The dimensional requirements for this district are specified in Schedule I which is attached to and made a part of this chapter.[2]
[2]
Editor's Note: Schedule I is included as an attachment to this chapter.
D.
Other provisions and requirements.
(1)
Residential uses shall be prohibited in this district, with the exception of dwellings for resident watchmen and caretakers employed on the premises.
(2)
All industrial processes shall take place within an enclosed building. Incidental storage out of doors may be permitted, provided that such materials are shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures.
(3)
All uses permitted in this district shall set aside not less than 20% of the lot to be devoted to seeding, planting, retention of tree cover or other landscaping. This area shall be used for no other purpose.
(4)
Each use in this district shall provide truck loading and unloading areas in an amount sufficient to permit the transfer of goods and products in other than a public street, off-street parking area or front yard.
(5)
Industrial structures shall be located so as to be a minimum of 50 feet from any residential district. This fifty-foot buffer strip shall be perpetually maintained so as to provide visual screening and separation between industrial and nonindustrial uses.
(6)
Parking areas may be located in any of the required yard areas, provided that they are not less than 35 feet from a right-of-way line or 20 feet from a property line.
(7)
Prior to the issuance of a building/use permit for a new use in the Industrial District, the Zoning Board of Appeals and the Town/Village Engineer shall determine that the street system serving the proposed use is adequate to carry the anticipated traffic flows and will not create a burden or nuisance for adjoining property owners.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Uses permitted with a special use permit. The following uses shall be permitted with a special use permit: