Rochester City Zoning Code
ARTICLE 5
Residential Zoning Districts
§ 275-5.1 General terms.
The uses permitted by right, conditionally, or by special exception are displayed in Table 18-A, Residential Uses. Dimensional regulations are displayed in Table 19-A, Dimensional Standards - Residential Districts.[1]Other applicable requirements for development within any residential zoning district are presented throughout this chapter.
[1]
Editor's Note: The tables are included as attachments to this chapter.
§ 275-5.2 General development standards.
The following standards apply to all property in the "R" Districts:
A.
Driveways.
(1)
Driveway location. Where site plan or subdivision review is required, the location of the driveway will be determined by the Planning Board during its review and after input from the Department of Public Works. If the location of any driveway needs to be modified during the permitting process for the driveway, the applicant shall notify the Planning and Development Department. If the modification is determined to be minor by the Chief Planner, it shall be approved administratively without the need to go back to the Planning Board.
B.
Parking areas.
(1)
Side and rear setbacks. Parking areas/parking lots shall not be located in front setback areas (see definition in Article 2), nor forward of the front facade except for parking situated within clearly defined driveways. Parking areas/parking lots shall be located in the side or rear.
(2)
Screening from the street. All parking areas/parking lots, except for parking situated within clearly defined driveways, for all uses other than single- or two-family dwellings shall be fully screened from the street unless it is located in rear setbacks.
(3)
Screening from abutters. All parking areas/parking lots, except for parking situated within clearly defined driveways, for all uses other than single- or two-family dwellings shall be fully screened from abutting properties.
(4)
Off street or designated spaces. All parking must be situated off street, outside of the public right-of-way, except for parking in marked and designated on-street parking lanes/spaces.
C.
Garages and outbuildings.
(1)
No part of any freestanding or attached garage or other outbuilding shall be located in the front setback (see definition for "setback, front" in Article 2).
(2)
No freestanding garage or other outbuilding/structure which exceeds 200 square feet may be made of prefabricated metal or undressed poured concrete (except for foundations).
§ 275-5.3 Residential-1 and Residential-2 Districts (R1 and R2).
A.
Character of districts. The primary goals of the R Districts are:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
The R1 District is intended to allow single-family neighborhoods and thus allows single-family use with few other allowed uses. The R2 District allows for a mix of residential types and limited nonresidential uses.
§ 275-5.4 Agricultural District (AG).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The AG District includes mostly outlying areas of the City; such areas may or may not be serviced by City water or sewer services.
A.
Objectives. The objectives of the district are to:
(1)
Preserve the rural character of outlying areas of the City. The district includes many sensitive ecological, agricultural, historic, cultural, and archaeological resources.
(2)
Maintain the area's natural and scenic qualities embodied in its forests and fields, wetlands, streams, ponds, and historic farmsteads.
(3)
Promote the preservation of open space.
(4)
Preserve existing farms and promote expansion of agricultural activity.
(5)
Permit the establishment of recreational, resort, and tourism facilities based upon natural and cultural resources.
B.
Specific development standards.
(1)
The development of conservation and village plan alternative subdivisions is encouraged for the protection of open space and to protect the ecological, agricultural, historic, cultural, and archaeological resources of any site.
(2)
All nonresidential uses, except agricultural uses, shall require additional setbacks and/or dense buffering to eliminate impacts to other allowed uses in the zone.
§ 275-5.5 Neighborhood Mixed-Use District (NMU).
A.
District location. This district is located in various areas throughout the City.
B.
Objectives. The objectives of the district include:
(1)
Function. The Neighborhood Mixed-Use District is established largely to serve adjacent residential neighborhoods. The NMU District allows, for example, a small convenience store, laundry facility, real estate office, personal services establishment, and day-care center.
(3)
Design. The NMU District calls for thoughtful design of parking, lighting, signage, architecture, location of entrances, location of dumpsters, and other matters. Parking should be located on street (parallel or diagonal) or through well located and screened small lots in side or rear yards.
(4)
Appropriate locations. The NMU District might also be located close to public institutions like schools, churches, day-care centers, senior citizen centers, and recreation centers, as well as at transit stops.
C.
Development standards.
(1)
Uses.
(a)
Drive-through facilities. Drive-through facilities are permitted in the district by conditional use.
(b)
Outdoor uses. Outdoor uses, such as dining, cafes, and seating (all of which shall be accessory to an allowed primary approved use), may be established within the public right-of-way or on other City property by approval of the City Council.
(c)
Nonresidential uses are permitted by right in existing buildings only; nonresidential uses are permitted as new construction only by conditional use.
(2)
Setbacks.
(a)
Build-to zone. There is a build-to zone between zero and 20 feet. This zone may be altered by conditional use where appropriate for civic uses, where not practical, or for other design considerations.
(b)
Side/rear setbacks. There are no minimum side setbacks except for spacing between buildings as specified in the Building/Fire Code. The Planning Board may alter the rear setbacks by conditional use, where appropriate, such as to accommodate rear decks for dining, to accommodate pedestrian-oriented facilities, or to allow for optimal uses of lots consistent with the intent of this section, provided that any reduction does not interfere with or negatively impact abutting properties, particularly residential properties.
(3)
Parking areas.
(a)
Rear setbacks. Within the NMU District parking is allowed in rear yards but may be permitted in side yards by conditional use. Parking is not allowed in front yards.
(4)
Architectural standards.
(a)
The building footprint for any individual nonresidential building shall not exceed 4,000 square feet. The maximum length of building frontage is 75 feet. The Planning Board may waive either of these requirements by conditional use where it determines that the intent of providing for smaller-scale buildings in the NMU Zone is met through special design approaches.
(b)
The architectural regulations under the Site Plan Regulations should be strictly applied to ensure that new buildings and renovations are harmonious with the character of nearby residential neighborhoods.