Irondequoit City Zoning Code
ARTICLE VI
R-5 Residential Districts
§ 235-18 Permitted uses.
[Amended 1-21-1988 by L.L. No. 1-1988; 2-4-1997 by L.L. No. 1-1997]
In R-5 Residential Districts the following uses are permitted:
A.
Single-family dwellings.
B.
Churches or similar places of worship, parish houses, convents, rectories or parsonages.
C.
Private, nonprofit, elementary or secondary schools accredited by the New York State Department of Education, public hospitals, public libraries and municipal and special district buildings, provided that no such buildings shall be located within 50 feet of any adjoining lot line.
D.
Fire stations without club facilities.
E.
Farms, greenhouses, plant nurseries and riding stables lawfully existing on the effective date of this chapter, provided that:
(1)
No new building or structure shall be constructed nor existing buildings or structures enlarged, converted or moved in which horses or other farm animals are kept, unless such building is at least 100 feet from any lot line.
(2)
No storage of manure or other odor- or dust-producing substance shall be permitted within 100 feet of any lot line.
F.
Home occupations.
[Amended 2-17-2009 by L.L. No. 1-2009]
(1)
"Home occupation" is defined for the purpose of this section as any activity carried out for gain by a resident of a dwelling unit which results in the manufacture or sale or provision of goods and/or services and is clearly incidental and subordinate to the use of the premises as a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.
(2)
(3)
The following uses shall not be deemed a home occupation: retail selling; firewood sales; stocking firearms sales; clinic; hospital; funeral home; restaurant; motel, hotel, rooming house, kennels, animal hospital, mortuary; personal service shop; spa; dance, aerobic exercise, martial art studio, etc.; repair, storage and/or painting of motorized vehicles or boats; welding shop; large appliance repair; place of amusement; public storage facility; and any use similar to the above.
(4)
The use of noxious, combustible, corrosive, flammable, explosive, radioactive or other materials that would endanger the health and safety of the occupants and the surrounding residents is prohibited.
(5)
No home occupation shall require trash and recyclables pickup in excess of that required normally in single-family dwelling residential areas.
[Amended 3-19-2015 by L.L. No. 2-2015]
(6)
A home occupation shall employ no more than one person in addition to the resident(s) of the dwelling unit.
(7)
Renters shall provide written evidence of owner approval for a home occupation with their application.
(8)
All parking associated with the home occupation must be in the driveway where the home occupation is located. No parking shall be permitted in the street or yard. No shared parking is permitted associated with any home occupation.
(9)
The number of clients hosted by the home occupation shall not exceed the rate of two per hour and shall occur only between 8:00 a.m. and 6:00 p.m., Monday through Saturday.
(10)
Servicing by trucks with three axles or more shall be prohibited. All servicing by trucks, such as UPS, or other vehicles shall occur only between 8:00 a.m. and 6:00 p.m., Monday through Saturday, and not exceed the rate of six per day.
(11)
Not more than 25% of the total gross floor area of the main dwelling unit may be used for a home occupation.
(12)
Outside storage and/or outside display of goods is prohibited.
(13)
The display and/or storage of goods within a dwelling unit in such a manner as to be visible from the outside of the dwelling unit is prohibited.
(14)
The use shall not produce offensive noise, odors, vibrations, smoke, fumes, heat, or dust detectable to normal sensory perception beyond the premises. No equipment or process shall be used in a home occupation which creates visual or audible electrical interference in any radio or television receiver off the premises or which causes fluctuations in line voltage off premises.
(15)
Owners of home occupations shall submit a completed home occupation application form, with applicable fee, to the Director of Community Development for approval.
(16)
The owner of a home occupation may appeal the decision of the Director of Community Development to the Zoning Board of Appeals. Renters must provide written approval of appeal from the building owner.
(17)
When a property containing a home occupation is sold, the home occupation shall cease.
(18)
Any home occupation that was lawful at the time of the effective date of this section may be continued upon written affirmation from the business owner that such home occupation shall have continued in operation, does not constitute a nuisance, and shall not be enlarged, altered, or changed in area, activity, or content during its continuance, except as provided otherwise in this section.
G.
Private garages with a maximum area of 900 square feet having a frontage of not more than 30 feet.
H.
Public parks, playgrounds and similar recreational areas and structures not operated for gain.
N.
A dwelling group, i.e., two or more buildings, subject to limitations of height, lot size, dwelling unit size, yard size as required in § 235-19.
O.
Hospitals and nursing homes or institutions of a religious, charitable or philanthropic organization, provided that they are not used primarily for treatment of contagious diseases, mental patients, epileptics, drug or alcohol addicts or for penal correctional purposes. Such principal shall be set back at least 50 feet from any lot line.
[Added 4-24-2001 by L.L. No. 3-2001]
§ 235-19 Lot and bulk requirements for multiple dwellings.
B.
The maximum height of buildings or structures shall be 30 feet.
C.
Minimum dimensions of dwellings. The total livable floor area for a dwelling unit shall be 480 square feet for a one-bedroom unit, plus 100 square feet for each additional bedroom.
D.
Ground coverage shall be at least 900 square feet.
§ 235-20 Site plan.
No permits shall be issued for the uses set forth in § 235-18M and N above until and unless a site plan of all proposals for multiple dwellings and dwelling groups shall be presented to and approved by the Planning Board in accordance with the considerations and determinations as set forth in § 235-16.[1]
[1]
Editor's Note: Former § 130.33A5, which regulated hospitals in the R-5 District and immediately followed this section, was deleted 2-4-1997 by L.L. No. 1-1997.