Rochester City Zoning Code
CHAPTER 120
Zoning
§ 120-1 Short title.
This chapter shall be known and may be referred to as the "Rochester Zoning Code."
§ 120-2 General purpose and intent.
This chapter establishes and implements regulatory powers to the ends that adequate light, pure air, convenient access and safety from fire, flood and other dangers may be secured; that the taxable value of land and buildings throughout the City may be conserved and enhanced; that congestion in the public streets may be lessened or avoided; that the hazards to persons and damage to property resulting from the accumulation or runoff of stormwater may be lessened or avoided; that sites, areas and structures of historical, architectural and aesthetic importance may be preserved; and that the public health, safety, comfort, morals and welfare may otherwise be promoted. To these ends this chapter is enacted to:
A.
Conform to the City's Rochester 2034 Comprehensive Plan, Subdivision Ordinance, Official Street Map, Capital Improvement Program, Functional Street Classification Map, Center City Design Language, Center City Development Objectives and Adopted Urban Renewal Plans.
[Amended 2-16-2021 by Ord. No. 2021-37]
B.
Guide and regulate the orderly growth, development and redevelopment of the City of Rochester in accordance with a well-considered plan and with long-term objectives, principles and standards deemed beneficial to the interest and welfare of the people.
C.
Protect the established character and the social and economic well-being of both private and public property.
D.
Promote, in the public interest, the utilization of land for the purposes for which it is most desirable and best adapted.
E.
Regulate and limit the height, bulk and location of buildings.
F.
Establish, regulate and limit the building or setback lines on or along streets in the City.
G.
Regulate and limit the density of population and the intensity of uses of lot areas.
H.
Regulate and determine the area of yards, courts and other open spaces within and surrounding buildings.
I.
Classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses.
J.
Divide the entire City into districts of such number, shape and area and of such different classes according to use of land and buildings, height and bulk of buildings, intensity of use of lot areas, area of open spaces and other classifications as may be deemed best suited to regulate development.
K.
Fix standards to which buildings or structures in such districts shall conform.
L.
Prohibit uses, buildings or structures incompatible with the character of established districts.
M.
Provide regulations pertaining to preexisting lots, structures and uses that do not conform to the regulations, standards, restrictions and limitations established by this chapter.
N.
Prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed by this chapter.
O.
Provide for variances from such regulations, standards, restrictions and limitations.
P.
Provide for special permit uses, planned development district uses, cluster development uses and other uses requiring special approval, within the established districts.
Q.
Provide administrative bodies and procedures as shall be necessary to the implementation and enforcement of the various provisions of this chapter.
R.
Provide for the orderly amendment of this chapter.
§ 120-3 Applicability.
A.
General scope.
(1)
Territorial application. This chapter shall apply to all structures, land and uses within the corporate limits of the City of Rochester, New York.
(2)
General application. All buildings and structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, structures, uses or land is located. Existing buildings, structures and uses that do not comply with the regulations of this chapter shall be allowed to continue subject to the provisions of Article XXIV relating to nonconformities.
(3)
General prohibition. No building or structure; no use of any building, structure or land; and no lot of record or zoning lot now or hereafter existing shall hereafter be established, altered, moved, divided or maintained in any manner except as authorized by the provisions of this chapter.
(4)
Private agreements. This chapter is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, the regulations of this chapter shall govern.
B.
Existing variances and special permits. Any variance, special exception or special permit lawfully issued prior to the effective date of this chapter, or any amendment thereof, which could be lawfully issued pursuant to the provisions in effect after such effective date shall be deemed to be and continue valid after such effective date. Any structure or use lawfully authorized by any such variance or special permit that could not be so issued after such effective date shall be allowed to continue subject to the provisions of Article XXIV dealing with lawfully existing nonconformities.
C.
Building permits issued prior to effective date.
(1)
Completion of construction. Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any structure in the event that:
(a)
A building permit for such structure was lawfully issued prior to the effective date of this chapter, or any amendment thereof; and
(b)
Such permit had not by its own terms expired prior to such effective date; and
(c)
Such permit was lawfully and properly issued in accordance with the law prior to such effective date; and
(d)
There has been a substantial change of position, substantial expenditures or incurrence of substantial obligations by the permit holder in reliance on such permit; and
(e)
Such change of position, expenditures or incurrence of obligations occurred prior to the time the permit holder had actual or constructive knowledge of any proposed amendment to this chapter which would, upon adoption, make the issuance of such permit illegal; and
(f)
Construction pursuant to such permit is commenced prior to the expiration of such permit and within 90 days of such effective date and is thereafter diligently pursued to completion.
(2)
Right to occupy as nonconformity. Upon completion of construction pursuant to the regulations in this chapter, such structure may be occupied by, and a certificate of occupancy shall be issued for, the use designated on such permit, subject thereafter to the provisions of Article XXIV, Nonconforming Uses, Structures, Lots and Signs.
D.
Pending applications. Any complete application submitted prior to the effective date of the adoption of this Zoning Code or any subsequent amendment thereto shall proceed under the regulations in place at the time such application was determined complete.
E.
Repeal of prior provisions. Chapter 115 of the Rochester Municipal Code is hereby repealed in its entirety. Except as expressly provided in said ordinance and this chapter, as revised thereby, such repeal shall not affect or impair any act done, offense committed or right accruing, accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such repeal had not been effected.
F.
Severability; provisions declared invalid.
(1)
If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter.
(2)
If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or structure, such judgment shall not affect the application of the said provision to any other property, building or structure.
G.
Effective date . This chapter shall take effect on January 1, 2003. Whenever used in this chapter, the term "effective date" shall mean January 1, 2003.
[Amended 12-17-2002 by Ord. No. 2002-386]
§ 120-4 Zoning districts established.
[Amended 11-25-2008 by Ord. No. 2008-384; 5-22-2012 by Ord. No. 2012-198]
In order to carry out the purposes and provisions of this chapter, the City of Rochester is hereby divided into the following districts:
Category | District |
|---|---|
Residential Districts | R-1 Low-Density Residential |
R-2 Medium-Density Residential | |
R-3 High-Density Residential | |
Commercial Districts | C-1 Neighborhood Center |
C-2 Community Center | |
C-3 Regional Destination Center | |
Industrial Districts | M-1 Industrial District |
Special Districts | CCD Center City (includes Base, Riverfront, Main Street, Grove Place, East End, Tower and Cascade-Canal) |
O-S Open Space | |
V-C Village Center (includes H-V Harbortown Village and PMV Public Market Village) | |
PD Planned Development | |
U-R Urban Renewal | |
C-V Collegetown Village | |
M-D Marina | |
Overlay Districts | O-A Overlay Airport |
O-B Overlay Boutique | |
O-O Overlay Office | |
Preservation Districts |
§ 120-5 Zoning Map.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Map incorporated. The boundaries of the zoning districts hereby established are shown on a map titled "Rochester Zoning Map." The Zoning Map and all notations, references and other information shown thereon shall have the same force and effect as if fully set forth or described herein, and such map is hereby made part of this chapter. The Zoning Map shall be properly attested and kept on file in the office of the Director of Zoning and Permitting.
B.
Omitted land. It is the intent of this chapter that the entire area of the City, including all land and water areas, rivers, streets, alleys, railroads, and other rights-of-way, be included in the districts established by this chapter. Any area not shown on the Zoning Map as being included in such a district shall be deemed to be, and it is hereby, classified in the R-1 Low-Density Residential District.
§ 120-6 District boundaries.
A.
Where uncertainty exists with respect to the boundaries of the various districts, as shown on the Zoning Map, the following rules shall apply:
(1)
The district boundaries are the center lines of the streets, alleys, waterways and rights-of-way. Where designation of a boundary line on the Zoning Map coincides with the location of a street, alley, waterway or right-of-way, the center line of such street, alley, waterway and right-of-way shall be construed to be the boundary of such district.
(2)
Where the designation on the Zoning Map indicates a boundary approximately upon a lot line, such lot line shall be construed to be the boundary.
(3)
Distances shown on the Zoning Map are perpendicular distances from road center lines measured to the district boundary, which boundaries in all cases where distances are given are parallel to the road center line.
(4)
In other cases, the district boundary shall be determined by the use of the scale of the Zoning Map.
B.
Where a district boundary divides a lot of record at the time such boundary is adopted, the district requirements of the greater portion of the lot will become the requirements of the entire lot.
§ 120-7 Purpose.
[Amended 6-17-2003 by Ord. No. 2003-183; 9-21-2010 by Ord. No. 2010-323]
The R-1 Low-Density Residential District is intended to maintain residential areas at relatively low densities. The R-1 District is a distinct urban area that is characterized predominantly by owner-occupied, single-family detached and attached homes but often contains a diverse mix of other preexisting higher-density residential uses. Each R-1 neighborhood is unique in character, composition and scale. The district requirements are intended to preserve and promote neighborhoods characterized by unobstructed front yards and pedestrian-scale streetscapes and to protect against undesirable uses and residential conversions.
§ 120-8 Permitted uses.
The following uses are permitted in the R-1 District:
A.
Single-family detached dwellings.
B.
Single-family attached dwellings.
C.
Family and group family day-care homes.
D.
Adult family day-care homes.
E.
Places of worship, except in structures originally designed solely for residential purposes.
[Amended 9-19-2017 by Ord. No. 2017-299]
F.
Convents and rectories.
G.
Home occupations subject to the additional requirements for specified uses in § 120-139.
[Added 6-17-2003 by Ord. No. 2003-183]
H.
[1]Office, when in an existing structure built for a nonresidential use, operating between the hours of 6:00 a.m. and 9:00 p.m.
[Added 9-19-2012 by Ord. No. 2012-363; amended 2-18-2015 by Ord. No. 2015-39]
[1]
Editor’s Note: Former Subsection H, concerning specialty retail sales and service, added 9-19-2012 by Ord. No. 2012-363, as amended, was repealed 8-9-2016 by Ord. No. 2016-263, which ordinance also redesignated former Subsection I as Subsection H.
§ 120-9 Special permit uses.
The following uses are allowed as special permit uses in the R-1 District:
A.
Ancillary parking lots , subject to the additional requirements for specified uses in § 120-131.
[Amended 6-17-2003 by Ord. No. 2003-183]
B.
Bed-and-breakfast establishments, subject to the additional requirements for specified uses in § 120-132.
D.
[1]Public and semipublic uses, including but not limited to schools, library, police stations and fire stations.
F.
Residential care facilities, subject to the additional requirements for specified uses in § 120-146.[2]
[2]
Editor’s Note: Former Subsection G, concerning full-line food store and low-impact retail sales and service, added 9-19-2012 by Ord. No. 2012-363, as amended, which immediately followed this subsection, was repealed 8-9-2016 by Ord. No. 2016-263.
§ 120-10 Prohibited conversions.
Conversion of any residential structure to any nonresidential use or to increase the number of residential units in the R-1 District is prohibited except as otherwise provided in this chapter.
§ 120-11 Lot, area and yard requirements.
The following lot, area and yard requirements shall apply to the R-1 District:
B.
C.
Yard requirements.
[Amended 7-19-2011 by Ord. No. 2011-247[3]]
(1)
Residential uses.
(a)
Front yards.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240]
[1]
Minimum front yard setback, principal uses and structures: where applicable, the average front yard depth of buildings on the two lots adjoining a property; or the average front yard depth of buildings on the block frontage on which the property is located; or 20 feet.
[2]
Maximum front yard setback, principal uses and structures: where applicable, the average front yard depth of buildings of the two lots adjoining a property; or the average front yard depth of buildings on the block frontage.
[3]
Minimum front yard setback, attached garages and carports: front yard of the principal use or structure plus 10 feet.
[Amended 9-21-2010 by Ord. No. 2010-323]
(b)
Side yards.
[1]
Minimum side yard setback, detached principal use or structure: five feet minimum with a combined width of both side yards of 15 feet.
[2]
Minimum side yard setback, attached principal use or structure: zero, except when adjacent to a detached structure, in which case the setback shall be five feet minimum with a combined width of both side yards of 15 feet.
[3]
Attached accessory structures: five feet minimum with a combined width of both side yards of 15 feet.
[4]
Minimum side yard setback, detached accessory use or structure: N/A.
(2)
Nonresidential uses.
(a)
Minimum front yard setback, principal use or structure: average front yard depth of building(s) on the block on which the property is located or 20 feet, whichever is more, but in no case more than five feet larger than the average of the front yard depth of buildings on the two adjoining lots.
[3]
Editor’s Note: This ordinance provided an effective date of 9-1-2011.
D. 
Corner lots. Both yards abutting streets shall be considered front yards and shall follow the regulations of this article; all side and rear yards shall follow the regulations of this article.
§ 120-12 Bulk requirements.
§ 120-13 Summary Chart of R-1 Regulations.
[Amended 6-17-2003 by Ord. No. 2003-183; 9-19-2017 by Ord. No. 2017-299]
The following summarizes the requirements for the R-1 District.
Summary Chart of R-1 Regulations | ||||
|---|---|---|---|---|
Requirement | Residential | Nonresidential | ||
Single-Family Detached | Single-Family Attached (2 Units) | Single-Family Attached (3 or More Units) | ||
Minimum lot frontage | Average frontage of lots on block | 30 feet per unit | N/A | N/A |
Minimum lot area | 5,000 square feet | 3,000 square feet per unit | N/A | N/A |
Maximum lot coverage | 50% | 50% | ||
Front Yard | ||||
Minimum front yard setback, principal use or structure | The average front yard depth of buildings on the 2 lots adjoining a property; or the average front yard depth of the buildings on the block frontage on which the property is located; or 20 feet | Average front yard depth of building(s) on the block on which the property is located or 20 feet, whichever is more, but in no case more than 5 feet larger than the average of the front yard depth of buildings on the 2 adjoining lots | ||
Maximum front yard setback, principal use or structure | The average front yard depth of buildings of the 2 lots adjoining a property, or the average front yard depth of buildings on the block frontage | N/A | ||
Minimum front yard setback, attached garages and carports | Front yard of the principal use or structure plus 10 feet | N/A | ||
Side Yard | ||||
Minimum side yard setback, detached principal use or structure | 5 feet minimum with a combined width of both side yards of 15 feet | 10 feet minimum with a combined width of both side yards of 25 feet | ||
Minimum side yard setback, attached principal use or structure | 0, except when adjacent to a detached structure, in which case the setback shall be 5 feet minimum with a combined width of both side yards of 15 feet | 10 feet minimum with a combined width of both side yards of 25 feet | ||
Attached accessory structures | 5 feet minimum with a combined width of both side yards of 15 feet | N/A | ||
Minimum side yard setback, detached accessory use or structure | N/A | 10 feet | ||
Rear Yard | ||||
Minimum rear yard setback, principal use or structure | 20 feet or the average rear yard setback on the block on which the property is located, but in no case less than 10 feet | 20 feet | ||
Minimum rear yard setback, detached accessory use or structure | N/A | 10 feet | ||
Bulk | ||||
Maximum building height, principal use or structure | 2 1/2 stories not to exceed 35 feet | 2 1/2 stories not to exceed 35 feet | ||
Maximum building height, detached accessory use or structure | 15 feet | 15 feet | ||
§ 120-14 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the R-1 District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-15 Additional regulations.
§ 120-16 Purpose.
The R-2 Medium-Density Residential District provides a mix of housing choices. The inclusion of single-family residential, two-family residential and multifamily residential provides a diversity of housing choices while the bulk and density regulations maintain the lower-density scale of the neighborhoods. These residential areas are located proximate to neighborhood-scale shopping and service opportunities. The district requirements are intended to preserve, promote and protect a quality of urban residential living characterized by unobstructed front yards, pedestrian-scale streetscapes and buildings scaled and designed to be compatible with the neighborhood.
§ 120-17 Permitted uses.
The following uses are permitted in the R-2 District:
A.
Single-family detached dwellings.
B.
Single-family attached dwellings.
C.
Two-family dwellings.
D.
Family and group family day-care homes.
E.
Adult family day-care homes.
F.
Places of worship, except in structures originally designed solely for residential purposes.
[Amended 9-19-2017 by Ord. No. 2017-299]
G.
Convents and rectories.
H.
Home occupations , subject to the additional requirements for specified uses in § 120-139.
[Added 6-17-2003 by Ord. No. 2003-183]
I.
[1]Office, when in an existing structure built for a nonresidential use, operating between the hours of 6:00 a.m. and 9:00 p.m.
[Added 9-19-2012 by Ord. No. 2012-363]
[1]
Editor’s Note: Former Subsection I, concerning specialty retail sales and service, added 9-19-2012 by Ord. No. 2012-363, was repealed 8-9-2016 by Ord. No. 2016-263, which ordinance also redesignated former Subsection J as Subsection I.
§ 120-18 Special permit uses.
The following uses are allowed as special permit uses in the R-2 District:
A.
Adaptive use of designated landmarks, subject to the additional requirements for specified uses in § 120-130.
[Amended 6-17-2003 by Ord. No. 2003-183]
B.
Ancillary parking lots , subject to the additional requirements for specified uses in § 120-131.
[Amended 6-17-2003 by Ord. No. 2003-183]
C.
Bed-and-breakfast establishments, subject to the additional requirements for specified uses in § 120-132.
D.
Community garages and parking lots.
F.
Homeless residential facilities, subject to the additional requirements for specified uses in § 120-140, that accommodate up to 10 persons.
G.
Live-work space, subject to the additional requirements for specified uses in § 120-142.1.
[Amended 6-17-2003 by Ord. No. 2003-183]
§ 120-19 Prohibited conversions.
Conversion of any residential structure to any nonresidential use or increasing the number of residential units where the dwelling unit conversion standards are not met in the R-2 District is prohibited except as otherwise provided in this chapter.
§ 120-20 Lot, area and yard requirements.
The following lot, area and yard requirements shall apply to the R-2 District:
A.
Lot frontage requirements.
(1)
Residential uses.
(a)
Minimum lot frontage, detached: average frontage of lots on the block on which the property is located.
(b)
Minimum lot frontage, attached, two units: 30 feet per unit.
(c)
Minimum lot frontage, attached, three or more units: N/A.
(d)
Minimum lot frontage, two-family: average frontage of lots on the block on which the property is located.
(e)
Minimum lot frontage, multifamily: N/A.
B.
Lot area requirements.
(1)
Residential uses.
C.
Yard requirements.
(1)
Residential uses.
(a)
Front yards.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240]
[1]
Minimum front yard setback, principal uses and structures: where applicable, the average front yard depth of buildings on the two lots adjoining a property; or the average front yard depth of buildings on the block frontage on which the property is located; or 20 feet.
[2]
Maximum front yard setback, principal uses and structures: where applicable, the average front yard depth of buildings of the two lots adjoining a property; or the average front yard depth of buildings on the block frontage.
[3]
Minimum front yard setback, attached garages and carports: front yard of the principal use or structure plus 10 feet.
[Amended 9-21-2010 by Ord. No. 2010-323]
(b)
Side yards.
[1]
Minimum side yard setback, detached principal use or structure: five feet minimum with a combined width of both side yards of 15 feet.
[2]
Minimum side yard setback, attached principal use or structure: zero, except when adjacent to a detached structure, in which case the setback shall be five feet minimum with a combined width of both side yards of 15 feet.
[3]
Attached accessory structures: five feet minimum with a combined width of both side yards of 15 feet.
[4]
Minimum side yard setback, detached accessory use or structure: N/A.
D. 
Corner lots. Both yards abutting streets shall be considered front yards and shall follow the regulations of this article; all side and rear yards shall follow the regulations of this article.
§ 120-21 Bulk requirements.
§ 120-22 Summary Chart of R-2 Regulations.
[Amended 6-17-2003 by Ord. No. 2003-183; 9-19-2017 by Ord. No. 2017-299]
The following summarizes the requirements for the R-2 District.
Summary Chart of R-2 Regulations | ||||||
|---|---|---|---|---|---|---|
Requirement | Residential | Nonresidential | ||||
Single-Family | Two-Family | Multi-Family | ||||
Detached | Attached 2 Units | Attached 3+ Units | ||||
Minimum lot frontage | Average frontage of lots on block | 30 feet per unit | N/A | Average frontage of lots on block | N/A | N/A |
Minimum lot area | 5,000 square feet | 3,000 square feet per unit | N/A | 6,000 square feet | 3,000 square feet per unit | N/A |
Maximum lot coverage | 50% | 50% | 50% | 50% | ||
Front Yard | ||||||
Minimum front yard setback, principal use or structure | The average front yard depth of buildings on the 2 lots adjoining a property; or the average front yard depth of buildings on the block frontage on which the property is located; or 20 feet | Average front yard depth of building(s) on the block on which the property is located or 20 feet, whichever is more, but in no case more than 5 feet larger than the average of the front yard depth on buildings on the 2 adjoining lots | ||||
Maximum front yard setback, principal use or structure | The average front yard depth of buildings of the 2 lots adjoining a property, or the average front yard depth of buildings on the block frontage | |||||
Minimum front yard setback, attached garages and carports | The front yard of the principal use or structure plus 10 feet | |||||
Side Yard | ||||||
Minimum side yard setback, detached principal use or structure | 5 feet minimum with a combined width of both side yards of 15 feet | 10 feet minimum with a combined width of both side yards of 25 feet | ||||
Minimum side yard setback, attached principal use or structure | 0, except when adjacent to a detached structure, in which case the setback shall be 5 feet minimum with a combined width of both side yards of 15 feet | |||||
Attached accessory structures | 5 feet minimum with a combined width of both side yards of 15 feet | |||||
Minimum side yard setback, detached accessory use or structure | N/A | 10 feet | ||||
Rear Yard | ||||||
Minimum rear yard setback, principal use or structure | 20 feet or the existing setback, but in no case less than 10 feet | 10 feet | ||||
Minimum rear yard setback, detached accessory use or structure | N/A | 10 feet | ||||
Bulk | ||||||
Maximum building height, principal use or structure | 2 1/2 stories not to exceed 35 feet | 2 1/2 stories not to exceed 35 feet | ||||
Maximum building height, detached accessory use or structure | 15 feet | 15 feet | ||||
§ 120-23 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the R-2 District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-24 Additional regulations.
§ 120-25 Purpose.
The R-3 High-Density Residential District protects, preserves and enhances existing residential areas of higher density which include multifamily dwellings mixed with other housing types. The R-3 High-Density Residential District is intended to provide residential areas that accommodate higher-density housing while protecting, maintaining and enhancing existing residential areas. The R-3 District may include various housing types ranging from single-family detached to high-density apartments. The district adds to the urban character of Rochester and provides diversity in housing types particularly in proximity to Community Center and Village Center Districts.
§ 120-26 Permitted uses.
The following uses are permitted in the R-3 District:
A.
Single-family detached dwellings.
B.
Single-family attached dwelling.
C.
Two-family dwellings.
D.
Multifamily dwellings.
E.
Live-work space, subject to the additional requirements for specified uses in § 120-142.1.
[Amended 6-17-2003 by Ord. No. 2003-183]
F.
Bed-and-breakfast establishments, subject to the additional requirements for specified uses in § 120-132.
G.
Family and group family day-care homes.
H.
Adult family day-care homes.
J.
Places of worship, except in structures originally designed solely for residential purposes.
[Amended 9-19-2017 by Ord. No. 2017-299]
K.
Convents and rectories.
L.
Home occupations , subject to the additional requirements for specified uses in § 120-139.
[Added 6-17-2003 by Ord. No. 2003-183]
M.
[1]Office, when in an existing structure built for a nonresidential use, operating between the hours of 6:00 a.m. and 9:00 p.m.
[Added 9-19-2012 by Ord. No. 2012-363]
[1]
Editor’s Note: Former Subsection M, concerning specialty retail sales and service, added 9-19-2012 by Ord. No. 2012-363, as amended, was repealed 8-9-2016 by Ord. No. 2016-263, which ordinance also redesignated former Subsection N as Subsection M.
§ 120-27 Special permit uses.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-19-2011 by Ord. No. 2011-247; 9-19-2012 by Ord. No. 2012-363; 8-9-2016 by Ord. No. 2016-263; 11-3-2022 by Ord. No. 2022-322]
The following uses are allowed as special permit uses in the R-3 District:
A.
Adaptive use of designated landmarks, subject to the additional requirements for specified uses in §120-130.
C.
Community garages and parking lots.
D.
First floor commercial uses in multifamily dwellings over 20 units, subject to the additional requirements for specified uses in § 120-134.
E.
Nursing homes.
F.
Public and semipublic uses.
H.
Residential care facilities, subject to the additional requirements for specified uses in § 120-146.
I.
Homeless residential facilities, subject to the additional requirements for specified uses in § 120-140.
J.
Hospice.
L.
Establishments licensed by New York State as adult-use cannabis retail dispensaries located entirely within the first floor of an enclosed building that contains more than 20 dwelling units and operating during liquor store hours.
[Added 11-3-2022 by Ord. No. 2022-322]
M.
On-site cannabis consumption lounges located entirely within the first floor of an enclosed building that contains more than 20 dwelling units and operating during bar hours, but no later than 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
§ 120-28 Lot, area and yard requirements.
The following lot, area and yard requirements shall apply to the R-3 District:
B.
Lot area requirements.
(1)
Residential uses.
(a)
(b)
Two-family.
(c)
Multifamily.
[1]
Minimum lot area: 1,000 square feet per unit for each one- or two-bedroom unit.
[2]
Minimum lot area: 1,800 square feet per unit for each three- or more bedroom unit.
[3]
Minimum lot area: 9,000 square feet for multifamily buildings over three units.[3]
[3]
Editor's Note: Former Subsection B(1)(c)[4] and [5], providing maximum building coverage and maximum lot coverage, respectively, which immediately followed this subsection, was repealed 9-21-2010 by Ord. No. 2010-323.
C.
Yard requirements.
(1)
Residential uses.
(a)
Front yards.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240]
[1]
Minimum front yard setback, principal uses and structures: where applicable, the average front yard depth of buildings on the two lots adjoining a property; or the average front yard depth of buildings on the block frontage on which the property is located; or 20 feet.
[2]
Maximum front yard setback, principal uses and structures: where applicable, the average front yard depth of buildings of the two lots adjoining a property; or the average front yard depth of buildings on the block frontage.
[3]
Minimum front yard setback, attached garages and carports: the front yard of the principal use or structure plus 10 feet.
[Amended 9-21-2010 by Ord. No. 2010-323]
(b)
Side yards.
[1]
Single-family detached and attached.
[a]
Minimum side yard setback, detached principal use or structure: five feet minimum with a combined width of both side yards of 15 feet.
[b]
Minimum side yard setback, attached principal use or structure: zero, except when adjacent to a detached structure, in which case the setback shall be five feet minimum with a combined width of both side yards of 15 feet.
[c]
Attached accessory structures: five feet minimum with a combined width of both side yards of 15 feet.
[d]
Minimum side yard, detached accessory use or structure: N/A.
D. 
Corner lots. Both yards abutting streets shall be considered front yards and shall follow the regulations of this article pertaining to front yards.
§ 120-29 Bulk requirements.
§ 120-30 Summary Chart of R-3 Regulations.
[Amended 6-17-2003 by Ord. No. 2003-183; 9-19-2017 by Ord. No. 2017-299]
The following summarizes the requirements for the R-3 District.
Summary Chart of R-3 Regulations | ||||||||
|---|---|---|---|---|---|---|---|---|
Requirement | Residential | Nonresidential | ||||||
Single-Family | Multifamily | Two-Family | ||||||
Detached | Attached 2 Units | Attached 3 or More Units | 1 or 2 Bed- rooms | 3 or More Bed- rooms | Over 3 Units | |||
Minimum lot frontage | 40 feet | 30 feet per unit | N/A | N/A | 30 feet | N/A | ||
Minimum lot area | 5,000 square feet | 3,000 square feet per unit | N/A | 1,000 square feet per unit | 1,800 square feet per unit | 9,000 square feet | 6,000 square feet | N/A |
Maximum lot coverage | 50% | N/A | 50% | N/A | ||||
Front Yard | ||||||||
Minimum front yard setback, principal use or structure | Where applicable, the average front yard depth of buildings on the 2 lots adjoining a property; or the average front yard depth of buildings on the block frontage on which the property is located; or 20 feet | Average front yard depth of building(s) on the block or 20 feet, whichever is more | ||||||
Maximum front yard setback, principal use or structure | Where applicable, the average front yard depth of buildings of the 2 lots adjoining a property, or the average front yard depth of buildings on the block frontage | |||||||
Minimum front yard setback, attached garages and carports | The front yard of the principal use or structure, plus 10 feet | |||||||
Side Yard | ||||||||
Minimum side yard setback, detached principal use or structure | 5 feet minimum with a combined width of both side yards of 15 feet | 1/3 the building height or 10 feet, whichever is greater | 5 feet minimum with a combined width of both side yards of 15 feet | 1/3 of the building height or 10 feet, whichever is greater | ||||
Minimum side yard setback, attached principal use or structure | 0, except when adjacent to a detached structure, in which case the setback shall be 5 feet minimum with a combined width of both side yards of 15 feet | |||||||
Attached accessory structures | 5 feet minimum with a combined width of both side yards of 15 feet | |||||||
Minimum side yard, detached accessory use or structure | N/A | 10 feet | ||||||
Rear Yard | ||||||||
Minimum rear yard setback, principal use or structure | 1/3 the building height or 20 feet, whichever is greater | 1/3 the building height or 20 feet, whichever is greater | ||||||
Minimum rear yard, detached accessory use or structure | N/A | 10 feet | ||||||
Bulk | ||||||||
Maximum building height, principal use or structure | 2 times the width of the lot frontage | 2 times the width of the lot frontage | ||||||
Maximum building height, detached accessory use or structure | 15 feet | 15 feet | ||||||
§ 120-31 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the R-3 District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-32 Additional regulations.
§ 120-33 Purpose.
The C-1 Neighborhood Center District provides for small-scale commercial uses offering primarily convenience shopping and services for adjacent residential areas. Proximity to residences requires that commercial operations in the C-1 District are low intensity, unobtrusive and conducted at a scale and density compatible with the surrounding neighborhood. There is a relatively low demand on public services, transportation and utilities.
§ 120-34 Permitted uses and structures.
The following uses are permitted in the C-1 District when conducted entirely within an enclosed building:
A.
Attached single-family dwellings.
B.
Dwelling units when part of a mixed-use development with other permitted commercial uses.
C.
Live-work space, subject to the additional requirements for specified uses in § 120-142.1.
[Amended 6-17-2003 by Ord. No. 2003-183]
D.
Bed-and-breakfast establishments, subject to the additional requirements for specified uses in § 120-132.
E.
Family and group family day-care homes.
F.
Adult family day-care homes.
H.
Places of worship.
I.
Convents and rectories.
K.
Retail sales and service operating between the hours of 6:00 a.m. and 11:00 p.m.; provided, however, that retail sales and service establishments:
[Amended 9-19-2012 by Ord. No. 2012-363; 2-18-2015 by Ord. No. 2015-39; 8-9-2016 by Ord. No. 2016-263; 11-3-2022 by Ord. No. 2022-322]
(1)
Licensed by New York State to sell alcoholic beverages pursuant to the Alcoholic Beverage Control Law may operate beyond the hours specified herein to the extent that the alcoholic beverage license so provides; and
(2)
Licensed by New York State as adult-use cannabis retail dispensaries shall be restricted to liquor store hours.
N.
Offices between the hours of 6:00 a.m. and 11:00 p.m.
O.
Restaurants, including outdoor seating and assembly but excluding drive-through facilities, operating between the hours of 6:00 a.m. and 11:00 p.m.
[Added 9-19-2012 by Ord. No. 2012-363; amended 11-17-2015 by Ord. No. 2015-355; 8-9-2016 by Ord. No. 2016-261]
P.
Restaurants licensed by New York State to sell alcoholic beverages for on-premises consumption pursuant to the Alcoholic Beverage Control Law, including accessory outdoor seating/assembly areas but excluding drive-through facilities, provided that the outdoor seating/assembly areas shall operate only between the hours of 6:00 a.m. and 11:00 p.m.
Q.
Bars, including accessory outdoor seating/assembly areas, except that the outdoor seating/assembly areas shall operate only between the hours of 6:00 a.m. and 11:00 p.m.
[Added 11-17-2015 by Ord. No. 2015-355; amended 8-9-2016 by Ord. No. 2016-261]
§ 120-35 Special permit uses.
The following uses are allowed as special permit uses in the C-1 District:
A.
Community garages and parking lots.
B.
Parks and recreational areas.
C.
Homeless residential facilities, subject to the additional requirements for specified uses in § 120-140.
D.
Hospice.
E.
Residential care facilities, subject to the additional requirements for specified uses in § 120-146.
G.
H.
Offices operating beyond the hours of 6:00 a.m. to 11:00 p.m.
I.
Retail sales and services operating beyond the hours of 6:00 a.m. to 11:00 p.m.; provided, however, that retail sales and service establishments licensed by New York State to sell alcoholic beverages pursuant to the Alcoholic Beverage Control Law shall not be required to obtain a special permit to operate beyond the hours specified herein to the extent that the alcoholic beverage license authorizes the additional operating hours.
[Amended 2-18-2015 by Ord. No. 2015-39; 8-9-2016 by Ord. No. 2016-263]
J.
On-site cannabis consumption lounges operating during bar hours, including bar hours extending after 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
§ 120-36 Lot, area and yard requirements.
The following lot, area and yard requirements shall apply to the C-1 District:
C.
Yard requirements.
(1)
Residential uses.
(a)
Maximum front yard setback: zero to five feet or average front yard depth of building(s) along the corridor and within the commercial district where the property is located, but in no case more than five feet larger or smaller than the average of the front yard depth on buildings on the two adjoining lots. In cases where a specific design guideline or concept plan has been adopted, the recommended setbacks shall be followed.
D. 
Corner lots. Corner lot front setbacks shall reflect the front setbacks of the other corner buildings at that intersection and shall have average front yard depth of building(s) on the block on which the property is located.
§ 120-37 Bulk requirements.
§ 120-38 Summary Chart of C-1 Regulations.
[Amended 6-17-2003 by Ord. No. 2003-183; 9-19-2017 by Ord. No. 2017-299]
The following summarizes the requirements for the C-1 District.
Summary Chart of C-1 Regulations | ||
|---|---|---|
Requirement | Residential | Nonresidential |
Attached Single-Family Dwellings | ||
Minimum lot frontage | N/A | N/A |
Minimum lot area | N/A | N/A |
Front Yard | ||
Maximum front yard setback | 0 feet to 5 feet or average front yard depth of building(s) along the corridor and within the commercial district where the property is located | 0 feet to 5 feet; in cases where a specific design guideline or concept plan has been adopted, the recommended setbacks shall be followed |
Side Yard | ||
Minimum side yard, principal use or structure | 0 feet unless adjacent to a residential district, in which case the side yard shall be the same as the adjacent residential district | 0 feet unless adjacent to a residential district, in which case the side yard shall be the same as the adjacent residential district |
Minimum side yard, detached accessory use or structure | N/A | N/A |
Rear Yard | ||
Minimum rear yard, principal use or structure | 0 feet unless adjacent to a residential district, in which case the rear yard shall be the same as the adjacent residential district | 0 feet unless adjacent to a residential district, in which case the rear yard shall be the same as the adjacent residential district |
Minimum rear yard, detached accessory use or structure | N/A | N/A |
Bulk | ||
Minimum building height | 2 stories or 20 feet | 2 stories or 20 feet |
Maximum building height, detached accessory use or structure | 15 feet | 15 feet |
Maximum square footage, principal use or structure | N/A | 3,000 square feet |
Maximum square footage, detached accessory use or structure | N/A | 1,000 square feet |
§ 120-39 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the C-1 District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-40 Additional regulations.
§ 120-41 Purpose.
The C-2 Community Center District provides diverse commercial development along gateway transportation corridors and neighborhood or village centers with a dense mixture of uses such as housing, retail and other complementary uses that serve the adjacent neighborhood and the community at large. The C-2 District is preserved through appropriate design elements, amenities or treatments that create, enhance and reinforce the design relationships between the buildings, sites and streets and still establish an ambience that is uniquely urban and pedestrian-oriented.
§ 120-42 Permitted uses and structures.
[Amended 6-17-2003 by Ord. No. 2003-183; 12-20-2005 by Ord. No. 2005-394; 7-19-2011 by Ord. No. 2011-247[1]; 9-19-2012 by Ord. No. 2012-363; 2-18-2015 by Ord. No. 2015-39; 8-9-2016 by Ord. No. 2016-263; 9-19-2017 by Ord. No. 2017-299]
The following uses are permitted in the C-2 District, when conducted entirely within an enclosed building with hours of operation limited to 6:00 a.m. to 2:00 a.m. Hours of operation limitations do not apply to residential uses.
A.
Single-family attached dwellings.
B.
Multifamily dwellings.
D.
Bed-and-breakfast establishments, subject to the additional requirements for specified uses in § 120-132.
E.
Family and group family day-care homes.
F.
Adult family day-care homes.
H.
Animal hospitals when conducted entirely within an enclosed building.
I.
Places of worship.
J.
Convents and rectories.
K.
Public and semipublic uses.
L.
Funeral homes and mortuaries.
M.
Retail sales and service; provided, however, that retail sales and service establishments licensed by New York State as adult-use cannabis retail dispensaries shall be restricted to liquor store hours.
[Amended 11-3-2022 by Ord. No. 2022-322]
N.
Mixed uses, as listed in this section, not including industrial uses.
O.
Public entertainment, not including sexually oriented uses, subject to the additional requirements for public entertainment in § 120-137.
[Added 11-12-2019 by Ord. No. 2019-325]
Q.
Limited adult retail store when conducted entirely within an enclosed building.
R.
Health clubs and similar facilities.
S.
Office.
T.
Bars, restaurants and banquet facilities, including accessory outdoor seating/assembly areas, provided that the outdoor areas only operate between the hours of 6:00 a.m. and 11:00 p.m., excluding drive-through facilities.
U.
On-site cannabis consumption lounges operating during bar hours, but no later than 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
[1]
Editor’s Note: This ordinance provided an effective date of 9-1-2011.
§ 120-43 Special permit uses.
The following uses are allowed as special permit uses in the C-2 District:
A.
Any permitted or specially permitted uses open to the public or requiring loading/unloading between the hours of 2:00 a.m. and 6:00 a.m.
B.
Accessory outdoor seating/assembly areas for bars, cocktail lounges, taverns, restaurants and banquet facilities with outdoor areas operating between the hours of 11:00 p.m. and 2:00 a.m.
C.
Amusement center.
D.
Ancillary parking lots , subject to the additional requirements for specified uses in § 120-131.
[Amended 6-17-2003 by Ord. No. 2003-183]
E.
Animal day care.
F.
Community garages and parking lots.
G.
Drive-throughs, subject to the additional requirements for specified uses in § 120-136.
[Amended 6-17-2003 by Ord. No. 2003-183]
H.
Motels and hotels.
I.
Private clubs.
J.
Parking lots as a principal use.
M.
Research laboratories including testing facilities.
N.
Residential care facilities, subject to the additional requirements for specified uses in § 120-146.
O.
Homeless residential facilities, subject to the additional requirements for specified uses in § 120-140.
P.
Hospice.
R.
Vehicle service stations, subject to the additional requirements for specified uses in § 120-154, that can dispense fuel to no more than eight vehicles at one time.
[Amended 9-19-2017 by Ord. No. 2017-299]
S.
Vehicle repair of noncommercial vehicles, excluding bodywork, with two bays or fewer, subject to the additional requirements for specified uses in § 120-152, providing no storage of unlicensed, partially dismantled or wrecked vehicles and no accessory sales of vehicles occur on site.
T.
Secondhand dealers.
[Added 9-19-2012 by Ord. No. 2012-363; amended 2-18-2015 by Ord. No. 2015-39; 8-9-2016 by Ord. No. 2016-263]
U.
On-site cannabis consumption lounges operating entirely within an enclosed building and during bar hours, including bar hours extending after 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
§ 120-44 Lot, area and yard requirements.
The following lot, area and yard requirements shall apply to the C-2 District:
B.
C.
Yard requirements.
(1)
Residential uses.
(a)
Front yards.
[1]
Minimum front yard setback, principal use or structure: average front yard depth of building(s) on the block on which the property is located, but in no case more than five feet larger than the average of the front yard depth on buildings on the two adjoining lots.
[2]
Minimum front yard setback, attached garages: the front yard of the principal use or structure plus 10 feet.
D. 
Corner lots. Corner lot front setbacks shall reflect the front setbacks of the other corner buildings at that intersection, but in no case shall be less than the average front yard depth of building(s) in the commercial district in which the property is located.
§ 120-45 Bulk requirements.
§ 120-46 Summary Chart of C-2 Regulations.
[Amended 6-17-2003 by Ord. No. 2003-183; 9-19-2017 by Ord. No. 2017-299]
The following summarizes the requirements for the C-2 District.
Summary Chart of C-2 Regulations | |||||
|---|---|---|---|---|---|
Requirement | Residential | Nonresidential | |||
Single-Family | Multifamily | ||||
Attached 2 Units | Attached 3 or More Units | 1 or 2 Bedroom Units | 3 or More Bedroom Units | ||
Minimum lot frontage | 30 feet per unit | N/A | N/A | N/A | |
Minimum lot area | 2,600 square feet | N/A | 1,000 square feet per unit | 1,800 square feet per unit | N/A |
Front Yard | |||||
Minimum front yard setback, principal use or structure | Average front yard depth of buildings on the block on which the property is located, but in no case more than 5 feet larger than the average of the front yard depth on buildings on the 2 adjoining lots | ||||
Minimum front yard setback, attached garages | The front yard depth of the principal use or structure plus 10 feet | ||||
Maximum front yard setback | N/A | 0 feet to 5 feet; in cases where a specific design guideline or concept plan has been adopted, the recommended setbacks shall be followed | |||
Side Yard | |||||
Minimum side yard setback, principal use or structure | N/A | 0 feet unless adjacent to a residential district, in which case the side yard shall be the same as the adjacent residential district | |||
Minimum side yard setback, detached accessory use or structure | N/A | N/A | |||
Rear Yard | |||||
Minimum rear yard setback, principal use or structure | N/A | 0 feet unless adjacent to a residential district, in which case the rear yard shall be the same as the adjacent residential district | |||
Minimum rear yard setback, detached accessory use or structure | N/A | N/A | |||
Bulk | |||||
Minimum building height, principal use or structure | 20 feet | ||||
Maximum building height, detached accessory use or structure | 20 feet | ||||
Maximum square footage, principal use or structure | N/A | 6,000 square feet | |||
Maximum square footage, detached accessory use or structure | N/A | N/A | |||
§ 120-47 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the C-2 District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-48 Additional regulations.
§ 120-49 Purpose.
The C-3 Regional Destination Center District provides locations for regional scaled growth and development of commercial and light industrial uses. The C-3 Districts are located on major arterials and, therefore, are accessible to and serve a regional market. Site design and buffering mitigate impacts of traffic, operations and scale on adjacent businesses and residential neighborhoods.
§ 120-50 Permitted uses and structures.
The following uses are permitted in the C-3 District:
A.
Dwelling units when part of a mixed-use development but only on the second story or above.
B.
Live-work space, subject to the additional requirements for specified uses in § 120-142.1.
[Amended 6-17-2003 by Ord. No. 2003-183]
C.
Mixed uses.
E.
Places of worship.
G.
Hospitals.
H.
Animal hospitals and kennels.
I.
Animal day care.
J.
Funeral homes and mortuaries.
K.
Retail sales and service; provided, however, that for retail sales and service establishments licensed by New York State as adult-use cannabis retail dispensaries only if operated entirely within an enclosed building during liquor store hours.
[Amended 9-19-2012 by Ord. No. 2012-363; 8-9-2016 by Ord. No. 2016-263; 11-3-2022 by Ord. No. 2022-322]
L.
[2]Health clubs and similar facilities.
[2]
Editor’s Note: Former Subsection L, Retail sales and service, high-impact, Subsection M, Retail sales and service, low-impact, and Subsection N, retail sales and service, specialty, all added 9-19-2012 by Ord. No. 2012-363, were repealed 8-9-2016 by Ord. No. 2016-263, which ordinance also redesignated former Subsections O through BB as Subsections L through Y, respectively.
N.
Amusement center.
O.
Outdoor entertainment.
P.
Office.
Q.
Motels and hotels.
R.
Bars, restaurants and banquet facilities, including outdoor seating/assembly and drive-throughs, subject to the additional requirements for specified uses in § 120-136.
[Amended 6-17-2003 by Ord. No. 2003-183; 9-19-2012 by Ord. No. 2012-363]
S.
Drive-throughs, subject to the additional requirements for specified uses in § 120-136.
[Amended 6-17-2003 by Ord. No. 2003-183]
T.
Warehouse and wholesale distribution facilities under 15,000 square feet.
U.
Light industrial services when conducted entirely within a completely enclosed building.
V.
Research laboratories including testing facilities.
W.
Automotive-related uses, including car washes, vehicle service stations, vehicle sales, vehicle rental services, vehicle repair stations including commercial vehicle repair, and vehicle sales accessory to vehicle repair stations, subject to the additional requirements for specified uses in Article XVIII.
[Amended 6-17-2003 by Ord. No. 2003-183]
X.
Parking lots as a principal use, including ancillary community garages and parking lots , subject to the additional requirements for specified uses in § 120-131.
[Amended 6-17-2003 by Ord. No. 2003-183]
Y.
Sexually oriented businesses, subject to the additional requirements for specified uses in § 120-148, including only limited adult retail store, adult retail store and escort agency.
Z.
Pawnbrokers.
[Added 8-9-2016 by Ord. No. 2016-263]
AA.
Secondhand dealers.
[Added 8-9-2016 by Ord. No. 2016-263]
BB.
Public entertainment, not including sexually oriented uses, subject to the additional requirements for public entertainment in § 120-137.
[Added 11-12-2019 by Ord. No. 2019-325]
CC.
Limited entertainment, not including sexually oriented uses.
[Added 11-12-2019 by Ord. No. 2019-325]
§ 120-51 Special permit uses.
The following uses are allowed as special permit uses in the C-3 District:
D.
Homeless residential facilities, subject to the additional requirements for specified uses in § 120-140.
E.
Private clubs.
F.
[1]On-site cannabis consumption lounges operating entirely within an enclosed building and during bar hours, including bar hours extending after 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
[1]
Editor’s Note: Former Subsection F, regarding entertainment, not including sexually oriented uses, was repealed 11-12-2019 by Ord. No. 2019-325.
H.
Self-service storage.
I.
Warehouse and wholesale distribution facilities in excess of 15,000 square feet.
§ 120-52 Lot, area and yard requirements.
§ 120-53 Bulk requirements.
The following requirements shall apply to buildings constructed in the C-3 District:
§ 120-54 Summary Chart of C-3 Regulations.
[Amended 9-19-2017 by Ord. No. 2017-299]
The following summarizes the requirements for the C-3 District.
Summary Chart of C-3 Regulations | |
|---|---|
Requirement | Nonresidential |
Minimum lot frontage | N/A |
Minimum lot area | N/A |
Front Yard | |
Minimum front yard setback | N/A |
Side Yard | |
Minimum side yard, principal use or structure | 0 feet unless adjacent to a residential district, in which case the side yard shall be 30 feet |
Minimum side yard, detached accessory use or structure | N/A |
Rear Yard | |
Minimum rear yard, principal use or structure | 0 feet unless adjacent to a residential district, in which case the side yard shall be 30 feet |
Minimum rear yard, detached accessory use or structure | N/A |
Bulk | |
Minimum building height, principal use or structure | N/A |
Minimum building height, detached accessory use or structure | N/A |
Maximum square footage per use, principal use or structure | N/A |
Maximum square footage per use, detached accessory use or structure | N/A |
§ 120-55 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the C-3 District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-56 Additional regulations.
§ 120-57 Purpose.
A.
The CCD is intended to foster a vibrant, safe, twenty-four-hour Center City by encouraging residential development while retaining and further developing a broad range of commercial, office, institutional, public, cultural and entertainment uses and activities. The regulations are intended to define and promote the Center City as the anchor for the region and as a desirable place to live, work and recreate.
B.
Design-based criteria are established to maintain the historical and architectural character of the Center City and to guide future development that is compatible and harmonious with that character. The criteria and base district represent a clear and easily recognized boundary and point of transition from the character and land uses of the surrounding neighborhoods.
C.
Design districts are established in specific areas based on a predominant and easily recognized character or theme that is self-contained within identifiable boundaries. The districts define areas having, or proposed to have, specific architectural features or design elements that make them unique in relation to other areas in the Center City.
§ 120-58 Center City Master Plan principles and objectives.
The principles and objectives of the Center City Master Plan will guide all development and redevelopment in the CCD and will provide additional criteria for site plan review and approval. The principles and objectives shall be to:
A.
Develop Center City as the dynamic cultural, economic, governmental and institutional center and anchor of the region.
B.
Develop the Genesee River as a principal feature of Center City.
C.
Create a well-defined, accessible open space system within Center City that links key public places and provides recreational opportunities and amenities.
D.
Create a pedestrian circulation system that ties Center City together and links the Genesee River, Main Street and key attractions/destinations.
E.
Reduce the "barrier effect" and negative impacts of certain physical features of Center City, both man-made and natural.
F.
Create a series of identifiable and recognizable Center City gateways that provide access into and through Center City.
G.
Create a series of identifiable and recognizable Center City districts and neighborhoods that retain their unique history, thematic, functional or design characteristics and are linked or related to each other.
H.
Increase the number of residents living within Center City.
I.
Encourage alternate modes of transportation within Center City whenever and wherever possible.
J.
Reestablish a retail component along the Main Street corridor and develop the street as the principal east/west "spine" and circulation route within Center City.
K.
Strengthen the Center City employment base and enhance the economic viability of Center City.
L.
Increase the number of visitors/tourists (both short-term and long-term) in Center City.
M.
Promote water-dependent and water-enhanced development along the Genesee River.
§ 120-59 Rationale for the design criteria.
The following activities were completed in developing the design and performance criteria for the CCD:
A.
Analysis of the form of the Center City. A broad-based study of the organizational structure of the Center City was undertaken in order to develop an understanding of its spatial form and evolution and to identify the relationship between City form and design character. Based on a comprehensive background information review and an analysis of development patterns and function, it was concluded that the Center City is spatially defined by two dominant elements, the Genesee River and Main Street. These two elements have principally defined development and circulation patterns. The result is that six urban areas, unique in character and design quality, have evolved around the Genesee River and Main Street.
B.
Analysis of the character of the Center City. A detailed inventory of the Center City was undertaken to document the design character of the public realm and identify the specific design attributes that create it. Focused on the two elements which have the greatest impact on the public realm, buildings and streets, design attributes which were measurable and quantifiable were inventoried. Based on the inventory and resulting analysis, areas of common character were delineated and mapped. (The work undertaken in this activity is described in detail in the background document "Book 2 - Design Language" dated March 2002).
C.
Synthesis of form and character analysis. A critical evaluation of the relationship between form and design character resulted in the development of the design and performance criteria. The boundary of the Center City and the regulatory districts within were established by applying the results of the character analysis to the results of the form analysis. The design attributes documented during the character analysis work provide the basis and rationale for the specific design criteria required in the zoning ordinance. (The work undertaken in this activity is described in detail in the background document "Book 3 - Design Standards" dated March 2002).
§ 120-60 Design and performance criteria organization.
B.
The design and performance criteria for each district are discussed separately and are independent of one another. An introduction to each district describes the character to be achieved through implementation of the criteria, the guiding principles behind the criteria and a description and key plan of the subdistrict boundary. The introduction is followed by a detailed description of the design criteria, which have been organized under the following primary headings and subheadings:
§ 120-61 Street definitions.
A.
Main Street. Main Street is the most important civic/commercial street in the CCD and should be designed as the primary public ceremonial route in the City. Main Street has several design character objectives. The pedestrian zone is envisioned to include the most generous sidewalks and outdoor public gathering/plaza spaces. The pedestrian zone should be well delineated from the vehicular zone. Well-defined pedestrian crossings should be considered a design priority. Special paving design at intersections should be considered to enhance the pedestrian experience and the stature of Main Street. The existing collection of unique street amenities (light standards, benches, bus shelters, banners, etc.) should be maintained to clearly distinguish Main Street from all others in the CCD. Appropriately sized and spaced deciduous street trees should be integrated into the design of the pedestrian zone to enhance separation and provide comfort.
B.
City street. City streets serve as the principal facility for carrying through traffic across the CCD. City streets connect districts and provide the primary means of entering/exiting the CCD. City streets have several design character objectives. The pedestrian zone is envisioned to include generous sidewalks and delineation of the sidewalk from the vehicular zone with tree lawn. Well-defined pedestrian crossings should be considered a design priority. Street amenities (light standards, benches, trash receptacles, etc.) should be consistent on all city streets to identify them as such. Gateways should be developed at all points of entry to the CCD. Appropriately sized and spaced deciduous street trees should be integrated into the design of the pedestrian zone to enhance separation and provide comfort.
C.
District street. District streets serve to distribute and collect traffic between city and neighborhood streets. The pedestrian zone should be designed to include adequate space for uninterrupted movement and localized street activities and should be delineated from the vehicular zone with tree lawns. Well-defined pedestrian crossings should be considered a design priority. Street amenities (light standards, benches, trash receptacles, etc.) should be unique to the district and designed/selected to express the character of the district. Appropriately sized and spaced deciduous street trees should be integrated into the design of the pedestrian zone to enhance separation and provide comfort.
D.
Neighborhood street. Neighborhood streets serve to provide direct access to local district properties. Neighborhood streets are envisioned as more personal pedestrian-scaled streets. The pedestrian zone should be designed to include adequate space for uninterrupted movement. Similar to district streets, street amenities (light standards, benches, trash receptacles, etc.) should be unique to the district and designed/selected to express the character of the district. Appropriately sized and spaced deciduous street trees should be integrated into the design of the pedestrian zone to enhance separation and provide comfort.
§ 120-62 Permitted uses.
A.
All uses are permitted in fully enclosed buildings in the CCD unless specifically listed as limited or prohibited uses in this article.
B.
Festivals, events and activities, including those associated with public parks, plazas and open spaces, are allowed in any portion of the CCD.
C.
Walk-up service windows in the CCD.
[Added 9-19-2017 by Ord. No. 2017-299]
§ 120-63 Limited uses in the CCD Center City District.
[Amended 9-19-2012 by Ord. No. 2012-363; 8-9-2016 by Ord. No. 2016-263; 11-3-2022 by Ord. No. 2022-322]
A.
The operating hours of retail sales and service establishments licensed by New York State as adult-use cannabis retail dispensaries shall be restricted to liquor store hours.
B.
The operating hours of on-site cannabis consumption lounges shall be restricted to bar hours and no later than 11:00 p.m., provided that the operating hours may be extended to bar hours after 11:00 p.m. if authorized by special permit.
§ 120-64 Prohibited uses.
The following uses are prohibited in any building or site in the CCD:
§ 120-65 Additional regulations and procedures.
A.
In the CCD, no parking shall be required. All applicants proposing to construct surface parking shall submit a parking demand analysis that illustrates the following:
B.
Designated building of historic value .
(1)
Demolition of a designated building of historic value shall be prohibited.
(2)
Significant architectural features, including but not limited to slate or tile roofing, original cladding, porches, cornices, etc., shall be maintained.
(3)
Replacement windows in a designated building of historic value shall utilize true divided lights or simulated divided lights when matching the original mullion and/or muntin configuration. This would not include interior-only grids or grids between the panes of glass.
C.
Applications meeting all design criteria set forth in this article shall not require site plan approval unless such approval is required pursuant to other thresholds as listed in § 120-191 of this chapter.
D.
Applications not meeting the design criteria, within the specified tolerance limits set forth in the Design Checklist tables at the end of this chapter, shall require site plan approval.
[Amended 9-21-2010 by Ord. No. 2010-323]
§ 120-66 CCD Base District.
A.
Purpose of the district. The primary purpose of the design criteria for the CCD Base District is to:
(1)
Preserve the desirable design character of the public realm of the CCD.
(2)
Promote diversity and variety in the public realm which maintains and enhances the existing diversity found in the CCD.
(3)
Promote street-level activity and uses.
(4)
Create green streets and mid-block corridors to enhance pedestrian circulation.
B. 
District boundaries and definition. The following outlines the boundaries for the Base District of the CCD. Areas not included in one of the six design districts shall be subject to the regulations of this district.
C.
Design Checklist. The following chart lists the design criteria and the deviations that require major site plan or minor site plan review. Applications that are within acceptable tolerances, and otherwise meet all design criteria, do not require site plan approval unless such approval is required pursuant to the other site plan thresholds as listed in § 120-191 of this chapter.
Design Checklist — Base District | |||
|---|---|---|---|
Design Criteria | Major Deviation | Minor Deviation | Tolerance |
BUILDINGS | |||
Building form and mass | X | ||
Minimum lot frontage | X | ||
Maximum building length and depth relative to block | X | 10% | |
Accessory building coverage | X | 10% | |
Minimum and maximum building height | X | ||
Maximum accessory building height | X | ||
Orientation to street frontage | X | ||
Front setback | X | ||
Accessory building setbacks | X | ||
DISTRICT CHARACTER | |||
Building maintains horizontal alignment | X | ||
Building facade planes | X | ||
Facade fenestration | X | ||
Equal street frontage facades | X | ||
Vehicular entry width | X | 10% | |
Service bay depth | X | ||
Facade lighting | X | ||
Facade window coverage | X | 10% | |
Window height to width ratio | X | 20% | |
Windows translucent | X | ||
Window recess | X | 30% | |
Entrance translucent | X | 20% | |
Entrance lighting | X | ||
Rooftop mechanical/telecommunications equipment | X | ||
Primary construction material | X | ||
Location of refuse storage | X | ||
Refuse storage details (enclosures, doors) | X | ||
SIGNAGE | |||
Number of building identification signs | X | ||
Location and size of building identification sign | X | 20% | |
Building identification sign luminaries | X | ||
Building identification sign graphics | X | ||
Number of business signs | X | ||
Size of business signs | X | 20% | |
Directory sign location and size | X | 20% | |
Address sign location | X | ||
Address sign copy raised/recessed | X | 20% | |
Address sign lighting | X | ||
Heritage sign information | X | ||
Heritage sign size | X | 20% | |
Awning locations | X | ||
Entrance awning width | X | 10% | |
Window awning width | X | 10% | |
Awning height | X | 10% | |
Entry awning projection | X | 10% | |
Window awning projection | X | 10% | |
Awning material | X | ||
Awning color | X | 30% | |
Awning equality | X | ||
Awning copy content and size | X | 20% | |
Awning lighting | X | ||
SITE | |||
Building parking location and surfacing | X | ||
Building parking access | X | ||
Building parking lighting | X | ||
Parking lot location | X | ||
Parking lot access | X | ||
Parking lot front yard setback | X | 10% | |
Parking lot side/rear setback | X | 10% | |
Parking lot surfacing and curbing | X | ||
Parking lot aisle | X | ||
Parking lot pedestrian walkway | X | 10% | |
Parking lot landscaping | X | 20% | |
Parking lot shaded area | X | 20% | |
ADDITIONAL AMENITIES | |||
Fencing/wall location | X | 10% | |
Fence gates | X | ||
Walkway at entrances fronting streets | X | ||
Walkway width, material and color | X | 10% | |
D.
Buildings.
(1)
District context.
(c)
Height.
[1]
Buildings heights shall include:
[a]
Main Street: N/A.
[b]
City street: shall be a maximum six stories in height and a minimum three stories.
[c]
District street: shall be a maximum five stories in height to a maximum of 48 feet and a minimum two stories.
[d]
Neighborhood street: shall be a maximum five stories in height to a maximum of 48 feet and a minimum two stories.
[2]
Accessory building or structure shall be a maximum of 1 1/2 stories to a maximum 24 feet.
(e)
Setbacks.
[1]
Front yard setback shall be:
[a]
Main Street: N/A.
[b]
City street: shall be within two feet of the average setback of three adjacent buildings on either side of the building to a maximum of 15 feet.
[c]
District street: shall be within two feet of the average setback of three adjacent buildings on either side of the building to a maximum of 10 feet.
[d]
Neighborhood street: shall be within two feet of the average setback of three adjacent buildings on either side of the building to a maximum of nine feet.
[2]
Accessory buildings or structure shall be located in the rear yard and conform to all primary building requirements.
(2)
District character.
(a)
Facade composition.
[1]
Buildings shall maintain the alignment of horizontal elements of adjacent existing buildings.
[2]
The maximum length of a facade plane shall be 50 feet. A change in facade plane shall occur when length exceeds 50 feet. The change shall be no less than two feet in depth and 12 feet in length.
[3]
The facade shall be composed to exhibit a vertically aligned fenestration pattern.
[4]
All facades fronting a street shall be equal.
[5]
One vehicular entrance is permitted per building.
[6]
The depth of any service bay shall accommodate total vehicle length so as not to interrupt pedestrian circulation on the sidewalk.
[7]
Facade lighting shall be wall-mounted luminaires and shall be mounted no higher than the top of the first floor. No light shall cast upwards.
[8]
Facade lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines. No floodlighting is permitted.
(b)
(d)
Roofline.
[1]
Rooftop mechanical and telecommunications equipment shall be concealed so as not to be visible from the street.
(e)
Material and color.
[1]
In addition to the windows, a maximum of three primary construction materials shall be used on any street facade.
[2]
Concrete finishes or precast concrete panels (tilt wall) that are not exposed aggregate, hammered, embossed, imprinted, sandblasted or covered with a cement-based acrylic coating shall not be used as exterior building materials and shall be prohibited on all exterior walls.
[3]
Metal panels with a depth of less than one inch or a thickness less than U.S. Standard 26 gauge shall not be used as exterior building materials and shall be prohibited on all exterior walls.
[4]
No unpainted masonry or brick materials may be painted if originally designed to be unpainted. This shall not include cement block construction.
(f)
Refuse storage.
[1]
Excluding alley streets, refuse storage shall not be located on a street frontage and shall not be visible from the street.
[2]
Refuse storage areas shall conform to the following:
[a]
If a loading dock/service bay or vehicular garage is part of the building, refuse storage shall be contained within this area.
[b]
If not located within the building, refuse storage shall be located within a concealed enclosure that includes solid metal doors, is integral to the building, consists of the same material as the building and is located at the rear of the building.
(3)
Signage.
(a)
Building identification signage.
[1]
One sign shall be allowed.
[2]
The sign shall not be placed higher than the top of the first floor.
[3]
Signs shall be horizontal or vertical and flush mounted or perpendicular to the building face. Perpendicular signs shall not project more than four feet from the face of a building and shall be located a minimum of eight feet from the ground.
[4]
Signs shall not exceed 12 square feet.
[5]
Sign luminaires shall conform to the facade lighting.
[6]
Sign graphics shall include raised or recessed copy.
(b)
Business signage.
[1]
A maximum of one sign per ground floor commercial user shall be permitted and shall be located no higher than the top of the first floor.
[2]
The total sign area of attached business signs shall be a maximum of 0.5 square foot for every foot of building frontage.
[3]
Directory signage shall be allowed at each building entrance and shall be flush mounted and a maximum six square feet.
(c)
Address signage.
(e)
Awning.
[1]
Awnings shall be permitted at building entrances and windows.
[2]
At building entrances the maximum width shall be two times the width of the opening.
[3]
At windows the maximum width shall be 1.5 times the width of the opening.
[4]
First floor awnings shall be a minimum eight feet and a maximum nine feet above the exterior finished elevation at the building.
[5]
Building entrance awnings shall project no more than 14 feet and shall be set back one foot from the lot line.
[6]
Window awnings shall project no more than three feet.
[7]
Awnings shall be made of flexible woven, natural or synthetic materials.
[8]
All window awnings shall be equal in material and color.
[9]
Awning signage copy shall only include building identification or address located on the valance and shall be a maximum nine inches in height.
[10]
Awnings shall only be illuminated by building lighting.
E.
Site.
(1)
Parking.
(a)
Building parking.
[1]
Building parking shall not be located at intersecting city streets.
[2]
Building parking shall be located in the rear yard and be hard surfaced.
[3]
Parking shall be accessed from district, neighborhood or alley streets.
[4]
Lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
[5]
Parking luminaires shall be located on the building and conform to the building lighting criteria. If additional lighting is required, freestanding light fixtures shall conform to parking lot lighting criteria.
(b)
Parking lot.
[1]
Parking lots shall not be located at intersecting city streets.
[2]
Access to parking lots shall be from district, neighborhood or alley streets.
[3]
Front yard setback shall be two feet greater than the larger adjacent building setback and shall be a minimum of 12 feet.
[4]
Side and rear yard setback shall be a minimum six feet.
[5]
Parking lots shall be hard surfaced and concrete or granite curbed.
[6]
Parking aisles shall be oriented perpendicular to the front yard.
[7]
Parking lots shall have one paved pedestrian walkway to each street frontage sidewalk a minimum six feet and a maximum eight feet wide. Pedestrian walks shall be hard surfaced and equal in material and pattern to the adjacent sidewalk.
[8]
Setbacks shall be landscaped with one tree per 250 square feet and continuous ground cover. Parking lots shall be landscaped with trees and continuous ground cover in curbed islands so that the parking lot is shaded to a minimum 40% at tree maturity.
[9]
Lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines and shall be maintained from dusk to dawn.
§ 120-67 Riverfront District.
A.
Purpose of the district. The primary purpose of the design criteria for the Riverfront District is to:
(1)
Preserve the existing character of the riverfront.
(2)
Promote development compatible with the desirable built character of the riverfront.
(3)
Improve visual and physical access to the riverfront.
(4)
Provide uninterrupted public access to the river's edge.
(5)
Promote the riverfront as a place for public gathering and activity.
(6)
Reduce the "barrier" effect of the river separating the east and west sides of the Center City; strengthen linkages across the river.
B. 
District boundaries and definition. The boundaries of the Riverfront District were determined by including all areas that had a physical and/or visual connection (literal or implied) to the river. Buildings that expressed character or common design attributes consistent with the character described in "Design Language" were included. The Riverfront District is continuous and uninterrupted along the river corridor within the CCD.
C.
Design character of the district. The Riverfront District is characterized by pedestrian-scaled buildings with clearly defined bases, midsections and crowns. Buildings range from three to six stories in height and transition upwards as they move away from the water's edge. A thirty-foot buffer is maintained along the river and no structures are allowed in the buffer; pedestrian access to the river is a priority in the district. Buildings are tall, narrow masses with rich materials and colors. Minimum front setbacks create intensified pedestrian-scaled streets with an apparent riverfront theme.
D.
Design Checklist. The following chart lists the design criteria and the deviations that require major site plan or minor site plan review. Applications that are within acceptable tolerances, and otherwise meet all design criteria, do not require site plan approval unless such approval is required pursuant to the other site plan thresholds as listed in § 120-191 of this chapter.
Design Checklist - Riverfront District | |||
|---|---|---|---|
Design Criteria | Major Deviation | Minor Deviation | Tolerance |
BUILDINGS | |||
Building form and mass | X | ||
Minimum lot frontage | X | ||
Maximum building length and depth relative to block | X | 10% | |
Minimum and maximum building height | X | ||
Length to height ratio | X | 20% | |
Orientation to street frontage | X | ||
Orientation to river | X | ||
Front setback | X | ||
Side and rear setback | X | ||
Setback at river | X | ||
DISTRICT CHARACTER | |||
Building maintains horizontal alignment | X | ||
Facade composition | X | ||
Equal street/river frontage facades | X | ||
Vehicular entry location | X | ||
Vehicular entry door | X | 20% | |
Facade lighting | X | ||
Window openings | X | ||
Facade window coverage | X | 10% | |
Window height to width ratio | X | 20% | |
Windows translucent | X | 20% | |
Window recess | X | 30% | |
Entrances on street frontage | X | ||
Entrances on riverfront | X | ||
Entrance elevation | X | ||
Entrance translucent | X | 20% | |
Entrance recess | X | 20% | |
Entrance lighting | X | ||
Roofline | X | ||
Roofline cornice | X | 20% | |
Rooftop mechanical/telecommunications equipment | X | ||
Primary construction material | X | ||
Percent primary construction material | X | 20% | |
Number of colors | X | 50% | |
Location of refuse storage | X | ||
Refuse storage details (enclosures, doors) | X | ||
SIGNAGE | |||
Number of building identification signs | X | ||
Location of building identification sign | X | ||
Size of building identification sign | X | 20% | |
Building identification sign materials | X | ||
Building identification sign luminaries | X | ||
Building identification sign graphics | X | ||
Building identification sign colors | X | 30% | |
Number of business signs | X | ||
Location of business signs | X | ||
Size of business signs | X | 20% | |
Projection sign supports | X | ||
Business sign materials, illumination and color | X | 30% | |
Directory sign location and size | X | 20% | |
Address sign location | X | ||
Address sign copy raised/recessed | X | ||
Address sign materials | X | ||
Address sign lighting | X | ||
Heritage sign and location | X | ||
Heritage sign material | X | ||
Heritage sign information | X | ||
Heritage sign size | X | 20% | |
Awning locations | X | ||
Entrance awning size | X | 10% | |
Window awning size | X | 10% | |
Awning height | X | 10% | |
Awning projection | X | 10% | |
Awning support/attachments | X | ||
Awning material | X | ||
Awning color | X | 30% | |
Awning equality | X | ||
Awning copy size | X | 20% | |
Awning lighting | X | ||
SKYWAY | |||
Skyway height | X | ||
Interior skyway parallel to exterior facade | X | ||
Skyway width | X | 10% | |
Skyway nontranslucent walls | X | 20% | |
Skyway supported from facade | X | ||
Skyway lighting | X | ||
Skyway windows translucent | X | 10% | |
Skyway entrances direct from building | X | ||
Skyway entrances identified and translucent | X | 10% | |
Skyway entrance lighting | X | ||
Skyway roofline | X | ||
Skyway material and color | X | ||
Skyway benches quantity | X | ||
Skyway benches size | X | 20% | |
Skyway interpretive panel size | X | 20% | |
SITE | |||
Building parking location and surfacing | X | ||
Building parking access | X | ||
Building parking lighting | X | ||
Parking lot location | X | ||
Parking lot access | X | ||
Parking lot setback | X | ||
Parking lot setback on river | X | 10% | |
Parking lot surfacing and curbing | X | ||
Parking lot aisle | X | ||
Parking lot walls setback | X | 10% | |
Parking lot walls height | X | 10% | |
Parking lot pedestrian openings | X | 10% | |
Parking lot landscaping | X | 20% | |
Parking lot shaded area | X | 20% | |
Parking lot lighting height | X | 10% | |
ADDITIONAL AMENITIES | |||
Fencing location | X | ||
Fencing/wall setback | X | ||
Fencing height | X | 10% | |
Fencing material and translucence | X | 10% | |
Gates equal to fencing | X | ||
Wall location | X | ||
Wall height | X | 10% | |
Wall materials | X | ||
Riverfront promenade location and width | X | 10% | |
Riverfront promenade entrance | X | 10% | |
Riverfront promenade grade elevation | X | ||
Riverfront promenade materials | X | ||
Riverfront promenade benches | X | 20% | |
Riverfront promenade light level and fixture | X | ||
Riverfront plaza landscaping | X | 20% | |
Riverfront plaza lighting | X | 20% | |
E.
Design principles for the district. Design principles in the Riverfront District should concentrate on reestablishing the Genesee River as the focus of cultural, social and recreational activity in the Center City. The strengthening of connections both to the riverfront and across the river is essential. The creation of a continuous public space along the riverfront should be promoted in conjunction with human-scaled development along the river. Views and sight lines to the river, from throughout the district, should be enhanced.
F.
Buildings.
(1)
District context.
(a)
Building form and mass.
[1] 
Buildings shall exhibit a tall/narrow mass on the primary street frontage.
(c)
Height.
[1]
Unless otherwise noted, buildings heights shall include:
[a]
Main Street: shall be a maximum of six stories in height to a maximum of 72 feet and a minimum of three stories to 30 feet.
[b]
City street: shall be a maximum of six stories in height to a maximum of 72 feet and a minimum of three stories to 30 feet.
[c]
District street: shall be a maximum of six stories in height to a maximum of 72 feet and a minimum of three stories to 30 feet.
[d] 
Neighborhood street: shall be a maximum of six stories in height to a maximum of 72 feet and a minimum of three stories to 30 feet.
[2] 
Buildings adjacent to the river shall be set back 30 feet to a maximum of three stories and 60 feet to a maximum of six stories.
[3]
No building within a three-hundred-foot radius of City Hall shall exceed the height of City Hall, excluding the tower.
(d)
Length to height ratio.
[1] 
The length to height ratio shall be a maximum 1:2.5 and minimum 1:1 along primary street frontage.
(f)
Setback.
[2] 
Side yard setback shall be a maximum of nine feet.
[3] 
Rear yard setback shall be a minimum of nine feet.
[4] 
Street frontage setback shall vary every 30 feet a minimum of two feet and a maximum of four feet.
[5] 
Setback for buildings adjacent to the river shall be a minimum of 30 feet and a maximum of 60 feet from the river's edge.
[6] 
Street frontage setback on streets that cross the river within one block of the river shall be 10 feet.
(2)
District character.
(a)
Facade composition.
[1] 
Buildings shall maintain the alignment of horizontal elements of adjacent existing buildings.
[2] 
The facade shall be composed to exhibit a clearly defined base, midsection and crown; the base of the building shall be no higher than the top of the second story.
[3] 
All facades fronting the river, Main Street, or a city, district, or neighborhood street shall conform to the district criteria and be equal.
[4]
Buildings with river frontage shall be designed with a facade along the river equal in prominence to its primary street facade.
[5]
All facades higher than adjacent and abutting buildings shall be equal to street facades.
[6] 
Vehicular entrances are permitted on rear and side yards only. Entrances are prohibited on street frontages and along the river.
[7] 
Vehicular entrances shall be enclosed with a garage door, which shall be a minimum of 20% transparent.
[8] 
Facade lighting shall be wall-mounted luminaires historic in character and shall be mounted no higher than the top of the second floor and shall illuminate the sidewalk. No light shall be cast upward.
[9]
Facade lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines. No floodlighting is permitted.
(b)
Window.
[1] 
Windows and window openings shall diminish in size to reinforce the base, midsection and crown.
[2] 
The base shall be a minimum 50% to a maximum 65% window coverage.
[3] 
The midsection shall be a minimum 35% to a maximum 60% window coverage.
[4]
All other facades and alley street frontages shall be a minimum 25% window coverage.
[5] 
The window height to width ratio shall be 1.5:1 to 2:1 in the midsection. Window openings may be divided with mullions; muntins are permitted.
[6] 
Base windows shall be transparent and shall permit views 10 feet into the building when standing five feet away from the window.
[7] 
Windows shall be recessed three inches to six inches from the facade.
(c)
Entrance.
[1] 
Entrances into buildings shall be provided on city, district and neighborhood street frontages. Buildings fronting onto Main Street shall have their primary entrance on Main Street.
[2] 
Buildings that face onto the river shall provide a riverfront entrance of equal prominence to the primary facade.
[3] 
Entrances shall be flush with the sidewalk; changes in elevation shall be made internally.
[4] 
Entrances shall be clearly accented and 80% translucent.
[5] 
Entrances shall be recessed from the building face a minimum of three feet.
[6] 
All entrances shall be illuminated and shall conform to facade lighting.
(e)
Material and color.
[1] 
In addition to the windows, three primary construction materials may be used on a street facade, including clay brick, natural stone, stucco [exterior insulation finish system (EIFS)] or decorative concrete.
[2]
Excluding windows, a minimum 50% of one primary construction material shall be used.
[3] 
Excluding windows, a maximum of two colors shall be permitted.
(f)
Refuse storage.
[1]
Excluding alley streets, refuse storage shall not be located on a street frontage and shall not be visible from the street.
[2]
Refuse storage areas shall conform to the following:
[a] 
If a loading dock/service bay or vehicular garage is part of the building, refuse storage shall be contained within this area.
[b] 
If there is no loading dock service bay or vehicular garage, refuse storage shall be located within the building, accessible from the exterior and enclosed with a solid metal door. The doors shall be integrated into the facade pattern in a manner consistent with the character of the building.
[c] 
If not located within the building, refuse storage shall be located within a concealed enclosure that includes solid metal doors, is integral to the building, consists of the same materials as the building and is located at the rear of the building.
(3)
Signage.
(a)
Building identification signage.
[1]
One sign shall be allowed on each street frontage.
[2] 
Signs shall not be placed higher than the top of the second floor.
[3] 
Signs shall be integrated into the facade pattern and shall be located above or adjacent to primary building entrances; signs shall be horizontal or vertical and flush mounted.
[4] 
Signs shall be a maximum 2.5 feet high and a maximum 25 square feet.
[5]
Sign materials shall include any of the district building materials, wood and metal.
[6]
Sign luminaires shall conform to facade lighting.
[7]
Sign graphics shall include raised or recessed copy.
[8]
Signs shall include no more than three colors.
(b)
Business signage.
[1] 
A maximum of one sign per ground floor commercial user shall be permitted and shall be located no higher than the top of the first floor.
[2]
Signs shall be integrated into the facade pattern and shall be flush mounted or projecting.
[3] 
Flush-mounted signs shall be a maximum two feet high and a maximum 20 square feet.
[4] 
Projecting signs shall not exceed six square feet in area, shall not project more than four feet from the face of a building and shall be located a minimum of eight feet from the ground.
[5]
Supports for projecting signs shall be attached to the building facade at no more than two points.
[6]
Materials, illumination and color shall conform to the criteria for building identification signage.
[7] 
Directory signage shall be allowed at each building entrance, shall be flush mounted and a maximum six square feet.
(c)
Address signage.
[1] 
One sign shall be located at the primary building entrance no higher than the top of the first floor.
[2] 
Sign graphics shall be raised or recessed copy and shall be a minimum of two inches and a maximum 12 inches in height.
[3]
Sign materials shall include any of the district building materials and metal.
[4]
Building lighting shall illuminate the sign.
(d)
Heritage signage.
[1]
One sign shall be placed on the primary frontage of each building and shall be located no higher than five feet above finished grade.
[2]
Signs shall be face mounted to the building facade.
[3]
Signs shall be made of metal.
[4]
Signs shall include, at a minimum, the date of construction.
[5] 
The maximum sign area shall be 1.5 square feet.
(e)
Awnings.
[1] 
Awnings shall be permitted at building entrances and windows no higher than the second floor.
[2] 
At building entrances the maximum width shall be two times the width of the entrance opening.
[3] 
At windows the maximum width shall be the width of the opening.
[4] 
First floor awnings shall be a minimum eight feet and a maximum nine feet above exterior finished elevation at the building.
[5] 
First floor awnings shall project no more than half the width of the sidewalk to a maximum of five feet.
[6] 
Second floor awnings shall project no more than three feet.
[7]
Awning support shall include building attachments only.
[8]
Awnings shall be made of flexible woven, natural or synthetic materials.
[9]
Awning fabric shall include no more than three colors.
[10]
All window awnings shall be equal in material and color.
[11]
Awning signage copy shall only include building identification or address located on the valence and shall be a maximum eight inches in height.
[12] 
Awnings shall be illuminated by building lighting only.
(4)
Skyway.
(a)
Facade composition.
[1] 
Skyway shall be no higher than the top of the third story.
[2] 
Interior skyway shall run parallel to the exterior building facade.
[3] 
Skyway shall be a minimum 10 feet wide and shall have a minimum seven-foot unobstructed travel width.
[4] 
Skyway nontranslucent walls shall be a maximum two feet high measured from the floor.
[5]
Skyway shall be supported from the building facade.
[6]
All light sources shall be concealed and interior.
G.
Site.
(1)
Parking.
(a)
Building parking.
[1]
Building parking shall not be located on the riverfront.
[2]
Building parking shall not be located at Main Street intersections and at all intersecting city streets.
[3] 
Building parking shall be located in the rear yard and be hard surfaced.
[4] 
Parking shall be accessed from district, neighborhood or alley streets.
[5]
Light level shall conform to Illumination Engineers Society of North America (IESNA) guidelines and shall be maintained from dusk to dawn.
[6]
Parking luminaires shall be located on the building and conform to the building lighting criteria. If additional lighting is required, freestanding light fixtures shall conform to parking lot lighting criteria.
(b)
Parking lot.
[1]
Parking lots shall not be located on the riverfront.
[2]
Parking lots shall not be located at Main Street intersections and at all intersecting city streets.
[3] 
Access to parking lots shall be from district, neighborhood or alley streets.
[4] 
Parking lots shall be set back a minimum two feet and a maximum four feet on all streets except alley streets.
[5]
Front yard setback on streets that cross the river shall be 10 feet.
[6] 
Side yard setback shall be a maximum nine feet.
[7] 
Rear yard setback shall be a minimum of nine feet.
[8] 
Parking lots shall be hard surfaced and concrete or granite curbed.
[9]
Parking aisles shall be oriented perpendicular to the front yard.
[10] 
Parking lots shall be screened on city, district and neighborhood streets by a wall conforming to district building materials.
[11] 
Wall setback shall vary on street frontages every 30 feet a minimum two feet and a maximum four feet.
[12] 
The wall shall be a minimum three feet high and a maximum four feet high.
[13] 
Walls shall have pedestrian openings a minimum six feet and a maximum eight feet wide aligned with the center line of the parking aisle. Pedestrian walks, the full width of the opening, shall be hard surfaced and equal in material and pattern to the adjacent sidewalk.
[14] 
Setback shall be landscaped with one tree per 250 square feet and continuous ground cover.
[15] 
Parking lots shall be landscaped with trees and continuous ground cover in curbed islands so that the parking lot is shaded to a minimum 40% at tree maturity.
[16]
Lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
[17] 
Light fixtures shall not exceed 18 feet in height. No light shall cast upwards.
(2)
Additional amenities.
(a)
Fencing/wall.
[1]
Fencing/wall shall conform to all street frontage setbacks.
[2]
Fencing shall have a maximum height of five feet.
[3]
Fencing shall be cast or extruded metal with a minimum transparency of 80%.
[4]
Gates shall be equal to fencing.
[5] 
Walls shall have a maximum height of five feet along side and rear yards and minimum height of 1.5 feet and a maximum height of three feet along street frontage, river frontage and in plaza/forecourt.
[6]
Walls shall conform to the district building materials.
(b)
Riverfront promenade/plaza.
[1] 
Promenade shall be adjacent to the river and a minimum 12 feet wide.
[2] 
Entrances from the promenade into a plaza shall be provided and be a minimum 10 feet wide.
[3] 
Plaza shall be at grade with or above the promenade elevation.
[4]
Promenade/plaza shall be wood, concrete or modular unit paving.
[5]
Promenade benches shall be provided at a minimum of one bench per 50 feet. Plaza benches shall be provided at a minimum of one bench per 35 feet of street frontage.
[6]
Plaza shall be landscaped with trees so that the area is shaded to a minimum 50% at tree maturity.
[7] 
Mature plaza planting shall maintain open sight lines to the river between three feet and seven feet high.
[8]
Plazas shall be illuminated. Lighting level shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
[9] 
Light fixtures shall not exceed 18 feet in height. No light shall be cast upwards.
H.
[1]District plant materials. The plant materials shall conform to the Forestry Master Plan. Trees shall adhere to the following:
(1)
Viability: winter hardy, suitable for urban conditions of shade, air quality, desiccation and soil and space limitations as found on the particular site, resistant to blight and pests.
(2)
Public health and safety: thornless, no tap roots, no weak or brittle wood and no invasive weed species.
(3)
Design character: mature size and shape suitable for the space available, tall canopy trees for wide streets and large sites, small or columnar trees for narrow streets and small sites, multiple seasons of special interest (in leaf, in blossom, fall color, bark or branching pattern) and/or harmony with the dominant character defining tree association of the area.
(4)
All proposed street trees and work related to street trees shall conform to the Standards and Specifications for Street Tree and Public Tree Work.
[1]
Editor's Note: Former Subsection H, Noise level performance criteria, was repealed 9-21-2010 by Ord. No. 2010-323, which ordinance also redesignated former Subsection I as Subsection H.
§ 120-68 Main Street District.
A.
Purpose of the district. The purpose of the design criteria for the Main Street District is to:
(1)
Preserve the existing character and rich public realm qualities of Main Street.
(2)
Preserve and enhance Main Street as the primary commercial street in the CCD.
(3)
Enhance the civic nature of Main Street; encourage a variety of street-related activities and uses.
(4)
Promote Main Street as the primary ceremonial space in the City.
B. 
District boundaries and definition. The boundaries of the Main Street District were determined by including all buildings and properties that front onto Main Street and/or intersecting streets. The section of Main Street that crosses the river is part of the Riverfront District. Properties on North Fitzhugh Street, the west side of North Plymouth Avenue and the area east of Exchange Boulevard and north of I-490 are included because of the historical civic quality of the public realm.
C.
Design character of the district. The design intent of the Main Street District is to promote Main Street as the dominant corridor in the Center City. The typical design character of the district is defined by buildings ranging in height from three to 15 stories which have clearly defined bases, midsections and crowns. Primary entrances are located along Main Street to provide maximum accessibility. Buildings are rich in material and detail and possess a monumental quality. Consistent setbacks create strong edges and promote spatial definition along the streetscape.
D.
Design Checklist. The following chart lists the design criteria and the deviations that require major site plan or minor site plan review. Applications that are within acceptable tolerances, and otherwise meet all design criteria, do not require site plan approval unless such approval is required pursuant to the other site plan thresholds as listed in § 120-191 of this chapter.
Design Checklist - Main Street District | |||
|---|---|---|---|
Design Criteria | Major Deviation | Minor Deviation | Tolerance |
BUILDINGS | |||
Building form and mass (base, midsection, crown) | X | ||
Buildings greater than 5 stories tall/narrow mass | X | ||
Minimum lot frontage | X | ||
Minimum lot frontage w. of Plymouth Ave./e. of Chestnut St. | X | ||
Maximum building length and depth relative to block | X | 10% | |
Minimum and maximum building height | X | ||
Minimum and maximum building height w. of Plymouth Ave./e. of Chestnut St. | X | ||
Minimum and maximum building height fronting N. Fitzhugh St. and N. Plymouth Ave. | X | ||
Buildings within 300 feet of City Hall | X | ||
Length to height ratio | X | 20% | |
Length to height ratio w. of Plymouth Ave./e. of Chestnut St. | X | 20% | |
Orientation to Main Street frontage | X | ||
Front setback | X | ||
Side setback | X | ||
Front plaza setback | X | 10% | |
DISTRICT CHARACTER | |||
Building maintains horizontal alignment | X | ||
Facade composition | X | ||
Equal street frontage facades | X | ||
Facades higher than abutting buildings | X | ||
Vehicular entry location | X | ||
Vehicular entry width | X | 10% | |
Vehicular entry door | X | 20% | |
Service bay depth | X | ||
Facade lighting | X | ||
Window openings | X | ||
Facade window coverage | X | 10% | |
Window height to width ratio | X | 20% | |
Window translucency | X | 20% | |
Window recess | X | 30% | |
Entrances on street frontage | X | ||
Primary entrances on Main Street | X | ||
Entrance elevation | X | ||
Entrance translucency | X | 20% | |
Entrance recess | X | 20% | |
Entrance lighting | X | ||
Roofline | X | ||
Roofline cornice | X | 20% | |
Rooftop mechanical/telecommunications equipment | X | ||
Primary construction material | X | ||
Percent primary construction material | X | 20% | |
Number of colors | X | 50% | |
Location of refuse storage | X | ||
Refuse storage details (enclosures, doors) | X | ||
SIGNAGE | |||
Number of building identification signs | X | ||
Location of building identification sign | X | ||
Size of building identification sign | X | 20% | |
Building identification sign materials | X | ||
Building identification sign luminaries | X | ||
Building identification sign graphics | X | ||
Building identification sign colors | X | 30% | |
Number of business signs | X | ||
Location of business signs | X | ||
Size of business signs | X | 20% | |
Business sign materials, illumination and color | X | 30% | |
Directory sign location and size | X | 20% | |
Address sign location | X | ||
Address sign copy raised/recessed | X | ||
Address sign materials | X | ||
Address sign lighting | X | ||
Heritage sign and location | X | ||
Heritage sign material | X | ||
Heritage sign information | X | ||
Heritage sign size | X | 20% | |
Awning locations | X | ||
Window awning size | X | 10% | |
Awning height | X | 10% | |
Awning projection | X | 10% | |
Awning support/attachments | X | ||
Awning material | X | ||
Awning color | X | 30% | |
Awning equality | X | ||
Awning copy size | X | 20% | |
Awning lighting | X | ||
SKYWAY | |||
Skyway height | X | ||
Interior skyway parallel to exterior facade | X | ||
Skyway width | X | 10% | |
Skyway nontranslucent walls | X | 20% | |
Skyway supported from facade | X | ||
Skyway lighting | X | ||
Skyway window translucency | X | 10% | |
Skyway entrances direct from building | X | ||
Skyway entrances identified and translucent | X | 10% | |
Skyway entrance lighting | X | ||
Skyway roofline | X | ||
Skyway material and color | X | ||
SITE | |||
Building parking location and surfacing | X | ||
Building underground parking access | X | ||
Parking garage entry width | X | 10% | |
Underground parking pedestrian access direct from building | X | ||
Underground parking mechanical equipment location | X | ||
Building underground parking entry lighting | X | ||
Building rear yard parking lot access | X | ||
Building rear yard parking lot lighting | X | ||
Parking lot location | X | ||
Parking lot access | X | ||
Parking lot setback | X | 10% | |
Parking lot surfacing and curbing | X | ||
Parking lot aisle | X | ||
Parking lot landscaping | X | 20% | |
Parking lot shaded area | X | 20% | |
Parking lot fence material, height and % translucent | X | 10% | |
Parking lot fence pedestrian openings | X | 10% | |
Parking lot pedestrian walks | X | 10% | |
Parking lot lighting height | X | 10% | |
ADDITIONAL AMENITIES | |||
Wall setback | X | ||
Wall height | X | 10% | |
Wall materials | X | ||
Plaza/forecourt entrances | X | 10% | |
Plaza/forecourt grade elevation | X | 20% | |
Plaza/forecourt materials | X | ||
Plaza/forecourt landscaping | X | 20% | |
Plaza/forecourt lighting | X | 20% | |
E.
Design principles for the district. The design principles for the Main Street District are intended to establish Main Street as the most important pedestrian street in the Center City and reestablish it as the focus of commercial activity and civic celebrations. Main Street will be promoted as the spine that links all the districts together.
F.
Buildings.
(1)
District context.
(c)
Height.
[1]
Unless otherwise noted, building heights shall include:
[a]
Main Street: shall be a maximum 15 stories in height to a maximum of 180 feet and a minimum five stories.
[b]
City street: shall be a maximum 15 stories in height to a maximum of 180 feet and a minimum five stories.
[c]
District street: shall be a maximum 15 stories in height to a maximum of 180 feet and a minimum five stories.
[d] 
Neighborhood street: shall be a maximum 15 stories in height to a maximum of 180 feet and a minimum five stories.
[2] 
West of Plymouth Avenue, east of Chestnut Street and south of West Broadway, all buildings shall be a maximum five stories in height to a maximum 60 feet and a minimum of three stories.
[3]
Buildings that front North Fitzhugh Street and North Plymouth Avenue shall be a maximum five stories in height to a maximum 60 feet and a minimum three stories.
[4]
No building within a three-hundred-foot radius of City Hall shall exceed the height of City Hall, excluding the tower.
(2)
District character.
(a)
Facade composition.
[1] 
Buildings shall maintain the alignment of horizontal elements of adjacent existing buildings.
[2] 
The facade shall be composed to exhibit a clearly defined base, midsection and crown; the base of the building shall be no higher than the top of the second story.
[3] 
All facades fronting Main, city, district or neighborhood streets shall conform to the district criteria and be equal.
[4] 
All facades higher than adjacent and abutting buildings shall be equal to street facades.
[5] 
A maximum of two adjacent vehicular entrances are permitted on a facade on city, district, neighborhood or alley streets.
[6]
Vehicular entrances shall be a maximum 11 feet wide.
[7] 
Vehicular entrances that lead to parking garages shall be integrated into the building facade and shall not extend beyond the top of the first floor.
[8] 
Vehicular entrances that consist of loading docks/service bays shall be enclosed with garage doors, integrated into the building facade and not extend beyond the top of the first floor. The garage door shall be recessed from the plane of the facade between three feet and five feet and shall be a minimum of 20% translucent.
[9] 
The depth of any service bay must accommodate total vehicle length so as not to interrupt pedestrian circulation on the sidewalk.
[10] 
Facade lighting shall be wall-mounted luminaires and shall be mounted no higher than the top of the second floor and shall illuminate the sidewalk. No light shall be cast upwards.
[11]
Facade lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines. No floodlighting is permitted.
(b)
Window.
[1] 
Windows and window openings shall diminish in size to reinforce the base, midsection and crown.
[2] 
The base shall be a minimum 60% to a maximum 70% window coverage.
[3] 
The midsection shall be a minimum 40% to a maximum 70% window coverage.
[4]
All other facades and alley street frontages shall be a minimum 15% window coverage.
[5] 
The window height to width ratio shall be 1.5:1 to 2:1 in the midsection.
[6] 
Base windows shall be transparent and shall permit views 10 feet into the building when standing five feet from the window.
[7]
Windows shall be recessed three inches to eight inches from the facade.
(c)
Entrance.
[1] 
Entrances into buildings shall be provided on all city, district and neighborhood street frontages.
[2]
Buildings fronting onto Main Street shall have their primary entrance on Main Street.
[3] 
Entrances shall be flush with the sidewalk; changes in elevation shall be made internally.
[4] 
Entrances shall be clearly accented and a minimum 80% translucent.
[5] 
Entrances shall be recessed from the building face a minimum of three feet.
[6] 
All entrances shall be illuminated and shall conform to facade lighting.
(e)
Material and color.
[1] 
In addition to windows, three primary construction materials may be used on a street facade, including clay brick, natural stone, stucco [exterior insulation finish system (EIFS)] or decorative concrete.
[2]
Excluding windows, a minimum 50% of one primary construction material shall be used.
[3]
Excluding windows, a maximum of two colors shall be permitted.
(f)
Refuse storage.
[1]
Excluding alley streets, refuse storage shall not be located on a street frontage and shall not be visible from the street.
[2]
Refuse storage shall conform to the following:
[a] 
If a loading dock/service bay or vehicular garage is part of the building, refuse storage shall be contained within this area.
[b] 
If there is no loading dock service bay or vehicular garage, refuse storage shall be located within the building, accessible from the exterior and enclosed with a solid metal door. The doors shall be integrated into the facade pattern in a manner consistent with the character of the building.
[c] 
If not located within the building, refuse storage shall be located within a concealed enclosure that includes solid metal doors, is integral to the building, consists of the same materials as the building and is located at the rear of the building.
(3)
Signage.
(a)
Building identification signage.
[1]
One sign shall be allowed and shall front on Main Street.
[2] 
Sign shall not be placed higher than the top of the second floor.
[3] 
Sign shall be integrated into the facade pattern and shall be located above or adjacent to Main Street entrance; signs shall be horizontal and flush mounted.
[4] 
Sign shall be a maximum three feet high and a maximum 30 square feet.
[5]
Sign materials shall include any of the district building materials and metal.
[6]
Sign luminaires shall conform to facade lighting.
[7]
Sign graphics shall include raised or recessed copy.
[8]
Signs shall include no more than three colors.
(b)
Business signage.
[1] 
A maximum of one sign per ground floor commercial user shall be permitted and shall be located no higher than the top of the first floor.
[2]
Signs shall be integrated into the facade pattern and shall be flush mounted.
[3] 
Signs shall be a maximum two feet high and a maximum 20 square feet.
[4]
Materials, illumination and colors shall conform to the criteria for building identification signage.
[5] 
Directory signage shall be allowed at each building entrance, shall be flush mounted and a maximum six square feet.
(c)
Address signage.
[1] 
One sign shall be located at the primary building entrance no higher than the top of the first floor.
[2]
Sign graphics shall be raised or recessed copy and shall be a minimum of two inches and a maximum 12 inches in height.
[3]
Sign materials shall include any of the district building materials and metal.
[4]
Building lighting shall illuminate the sign.
(d)
Heritage signage.
[1] 
One sign shall be placed on the primary frontage of each building and shall be located no higher than five feet above finished grade.
[2]
Signs shall be face mounted to the building facade.
[3]
Signs shall be made of metal.
[4]
Signs shall include, at a minimum, the date of construction.
[5] 
The maximum sign area shall be 1.5 square feet.
(e)
Awning.
[1] 
Awnings shall be permitted at building entrances and windows no higher than the second floor. First floor awnings may be continuous.
[2] 
At second floor windows the maximum width shall be the width of the opening.
[3] 
First floor awnings shall be a minimum seven feet and maximum nine feet above exterior finished elevation at the building.
[4] 
First floor awnings shall project no more than half the width of the sidewalk.
[5] 
Second floor awnings shall project no more than four feet.
[6]
Awning support shall include building attachments only.
[7]
Awnings shall be made of flexible woven, natural or synthetic materials.
[8]
Awning fabric shall include no more than three colors.
[9]
All window awnings shall be equal in material and color.
[10]
Awning signage copy shall only include building identification or address located on the valance and shall be a maximum 10 inches in height.
[11]
Awnings shall be illuminated by building lighting only.
(4)
Skyway.
(a)
Facade composition.
[1] 
Skyway shall be no higher than the top of the third story.
[2] 
Interior skyway shall run parallel to the exterior building facade.
[3] 
Skyway shall be a minimum 10 feet wide and shall have a minimum seven-foot unobstructed travel width.
[4] 
Skyway nontranslucent walls shall be a maximum two feet high measured from the floor.
[5]
Skyway shall be supported from the building facade.
[6]
All light sources shall be concealed and interior.
G.
Site.
(1)
Parking.
(a)
Building parking.
[1]
Building parking shall not be located at Main Street intersections and at all intersecting city streets.
[2]
Building parking shall be located in the rear yard and be hard surfaced or be underground.
[3]
Underground parking entrance shall be at the facade and located fronting city, district, neighborhood or alley streets.
[4] 
Total width of the parking garage entrance shall not exceed 22 feet.
[5]
Pedestrian access from underground parking shall be integral to the building.
[6]
Mechanical equipment for underground parking shall be integral to the building.
[7]
Light level at the entrance to underground parking shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
[8]
Rear yard parking shall be accessed from city, district, neighborhood or alley streets.
[9]
Light level shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
[10]
Parking luminaires shall be located on the building and conform to building lighting criteria. If additional lighting is required, freestanding light fixtures shall conform to parking lot lighting criteria.
(b)
Parking lot.
[1]
Parking lots shall not be located at Main Street intersections and at all intersecting city streets.
[2]
Access to parking lots shall be from city, district, neighborhood or alley streets.
[3] 
Frontage setback on Main Street shall be 20 feet in addition to the district sidewalk criteria.
[4]
Frontage setback on city, district and neighborhood streets shall be 10 feet in addition to the district sidewalk criteria.
[5] 
Side and rear yard setback shall be a minimum 10 feet.
[6]
Parking lots shall be hard surfaced and concrete or granite curbed.
[7] 
Parking aisle shall be located adjacent and parallel to Main Street.
[8] 
Setbacks shall be landscaped with one tree per 250 square feet and continuous ground cover. Trees shall be uniform, regularly spaced and in line with any existing street trees.
[9] 
Parking lots shall be landscaped with trees and continuous ground cover in curbed islands so that the parking lot is shaded to a minimum 40% at tree maturity.
[10] 
Parking lots shall be enclosed by an ornamental metal fence four feet high and a minimum 80% translucent.
[11] 
Fences shall have a minimum one pedestrian opening. Pedestrian openings shall be provided at a maximum 100 feet on center. Openings shall be a minimum six feet and a maximum eight feet wide.
[12] 
Pedestrian walks, the full width of the openings, shall be continuous to the sidewalk and equal in material and pattern.
[13]
Light level shall conform to Illumination Engineers Society of North America (IESNA) guidelines and shall be maintained from dusk to dawn.
[14] 
Light fixtures shall not exceed 18 feet in height. No light shall cast upwards.
(2)
Additional amenities.
(a)
Fencing/wall.
(b)
Plaza/forecourt.
[1]
Entrances into the plaza/forecourt shall be provided on all street frontages; entrances shall be a minimum of 10 feet wide.
[2] 
Plaza or forecourt shall vary in elevation a maximum 2.5 feet from sidewalk grade.
[3]
Plaza/forecourt shall be concrete or modular unit paving.
[4]
Benches shall be provided at a minimum of one bench per 35 feet of frontage.
[5] 
Plaza/forecourt shall be landscaped with trees so that the area is shaded to a minimum 50% at tree maturity.
[6] 
Mature planting shall maintain open sight lines to the street between three feet and seven feet high.
[7]
Plazas shall be illuminated and shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
[8]
Light fixtures shall not exceed 18 feet in height. No light shall be cast upwards.
H.
[1]District plant materials. The plant materials shall conform to the Forestry Master Plan. Trees shall adhere to the following:
(1)
Viability: winter hardy, suitable for urban conditions of shade, air quality, desiccation and soil and space limitations as found on the particular site, resistant to blight and pests.
(2)
Public health and safety: thornless, no tap roots, no weak or brittle wood and no invasive weed species.
(3)
Design character: mature size and shape suitable for the space available, tall canopy trees for wide streets and large sites, small or columnar trees for narrow streets and small sites, multiple seasons of special interest (in leaf, in blossom, fall color, bark or branching pattern) and/or harmony with the dominant character defining tree association of the area.
(4)
All proposed street trees and work related to street trees shall conform to the Standards and Specifications for Street Tree and Public Tree Work.
[1]
Editors Note: Former Subsection H, Noise level performance criteria, was repealed 9-21-2010 by Ord. No. 2010-323, which ordinance also redesignated former Subsection I as Subsection H.
§ 120-69 Grove Place District.
A.
Purpose of the district. The primary purpose of the design criteria for the Grove Place District is to:
(1)
Preserve the existing pedestrian-scaled character of the area.
(2)
Preserve and enhance the heritage qualities of the district.
(3)
Promote the district as an enclave which expresses a rich residential quality; build upon and draw from the quality of the Grove Place neighborhood.
(4)
Enhance the green quality of the public realm.
(5)
Promote a strong relationship between personal space and the public realm.
B.
District boundaries and definition.
[Amended 12-17-2013 by Ord. No. 2013-415]
(1)
District boundaries. The boundaries of the Grove Place District were determined by identifying the area that expressed the pedestrian-scaled character and public realm quality identified during the CCD inventory and analysis. Based upon the development goals and objectives established in the CCD Master Plan and the urban design potentials established in "Design Language," opportunities to expand the desired character were captured in the boundary limits.
(2)
Residential subarea. The Grove Place District shall contain a residential subarea, Grove Place R-Residential, as reflected on the map below. The residential subarea will be subject to all requirements of the CCD District and the Center City Grove Place provisions except the permitted and specially permitted uses indicated below.
 |
C.
Permitted uses.
[Added 12-17-2013 by Ord. No. 2013-415[1]]
(2)
Grove Place R-Residential. The following uses are permitted in the Grove Place R-Residential subarea:
(a)
Single-family detached dwellings.
(b)
Single-family attached dwellings.
(c)
Two-family dwellings.
(d)
Family and group family day-care homes.
(e)
Adult family day-care homes.
(f)
Places of worship.
(h)
Adaptive use of designated landmarks, subject to the additional requirements for specified uses in § 120-130.
(i)
Bed-and-breakfast establishments, subject to the additional requirements for specified uses in § 120-132.
(k)
Hospice.
(l)
Offices within existing structures, excluding clinics.
E.
Design character of the district. The Grove Place District is characterized by one-and-one-half to three-story residential-style buildings with a variety of rooflines. Traditional residential features are evident throughout the district and include features such as front porches, raised entrances, bay windows, front yard gardens and entry courts. Buildings within the district are generally rich in their material composition, color, texture and detail. Heritage-based themed streets are heavily planted with trees and a variety of different ground cover, contributing to the desired character of the neighborhood.
F.
Design Checklist. The following chart lists the design criteria and the deviations that require major site plan or minor site plan review. Applications that are within acceptable tolerances, and otherwise meet all design criteria, do not require site plan approval unless such approval is required pursuant to the other site plan thresholds as listed in § 120-191 of this chapter.
Design Checklist - Grove Place District | |||
|---|---|---|---|
Design Criteria | Major Deviation | Minor Deviation | Tolerance |
BUILDINGS | |||
Building form and mass | X | ||
Minimum lot frontage | X | ||
Maximum building length and depth relative to block | X | 10% | |
Accessory building coverage | X | 10% | |
Minimum and maximum building height | X | ||
Maximum accessory building height | X | ||
Length to height ratio | X | 20% | |
Orientation to street frontage | X | ||
Front setback | X | ||
Side setback | X | ||
Rear yard setback | X | ||
Accessory building setbacks | X | ||
DISTRICT CHARACTER | |||
Building facade planes | X | ||
First floor structural feature | X | ||
Equal street frontage facades | X | ||
Vehicular entry | X | ||
Facade lighting | X | ||
Facade window coverage | X | 10% | |
Window height to width ratio | X | 20% | |
Window translucency | X | ||
Window recess | X | 30% | |
Entrances on street frontage | X | ||
Entrances elevation | X | 20% | |
Entrance translucency | X | 20% | |
Entrance lighting | X | ||
Porch location on buildings 2 1/2 stories or less | X | ||
Porch size | X | 20% | |
Porch roof | X | ||
Porch materials | X | ||
Roofline | X | ||
Provide skylights or dormers on buildings 2 1/2 stories or less | X | ||
Chimney facade | X | ||
Mechanical/telecommunications equipment concealed | X | ||
Primary construction material | X | ||
Percent primary construction material | X | 20% | |
Number of colors | X | 50% | |
Location of refuse storage | X | ||
SIGNAGE | |||
Refuse storage details (enclosures, doors) | X | ||
Number of building identification signs | X | ||
Location and size of building identification sign | X | 20% | |
Orientation and setback of freestanding building identification sign | X | 10% | |
Building identification sign materials | X | ||
Building identification sign luminaries | X | ||
Building identification sign graphics | X | ||
Building identification sign colors | X | 30% | |
Number of business signs | X | ||
Location of business signs | X | 10% | |
Size of business signs | X | 20% | |
Projecting business signs | X | 10% | |
Projecting business sign supports | X | ||
Business sign materials, illumination and color | X | 30% | |
Address sign location | X | ||
Address sign copy raised/recessed | X | 20% | |
Address sign materials | X | ||
Address sign lighting | X | ||
Heritage sign and location | X | ||
Heritage sign material | X | ||
Heritage sign information | X | ||
Heritage sign size | X | 20% | |
Awning locations | X | ||
Entrance awning width | X | 10% | |
Window awning width | X | 10% | |
Awning height | X | 10% | |
Awning projection | X | 10% | |
Awning support/attachments | X | ||
Awning material | X | ||
Awning color | X | 30% | |
Awning equality | X | ||
Awning copy content and size | X | 20% | |
Awning lighting | X | ||
SITE | |||
Building parking location and surfacing | X | ||
Building parking access | X | ||
Building parking lighting | X | ||
Parking lot location | X | ||
Parking lot access | X | ||
Parking lot frontage | X | 10% | |
Parking lot setback | X | ||
Parking lot surfacing and curbing | X | ||
Parking lot wall material | X | ||
Parking lot wall height | X | 10% | |
Parking lot landscaping | X | 20% | |
Parking lot shaded area | X | 20% | |
Parking lot lighting height | X | 10% | |
ADDITIONAL AMENITIES | |||
Fencing height | X | 10% | |
Fencing material | X | ||
Fence gates | X | ||
Wall setback | X | ||
Wall height | X | 10% | |
Fence/wall height on street frontage | X | 10% | |
Wall material | X | ||
Front yard landscaping | X | 20% | |
Walkway at entrances fronting streets | X | ||
Walkway width, material and color | X | 10% | |
Freestanding lighting | X | 20% | |
G.
Design principles for the district. The intention of the design of the Grove Place District is to create pedestrian-scaled enclaves that discourage through traffic. Buildings should be created which exhibit the traditional residential character of the district. The creation of "green" streets strengthens pedestrian linkages through the district. Creating a strong relationship between public streets and private spaces is encouraged. The preservation of heritage resources and qualities is a primary concern.
H.
Buildings.
(1)
District context.
(a)
Building form and mass.
[1] 
Buildings shall exhibit a vertical mass. On primary street frontages, buildings two stories or less shall be greater in depth than length. Buildings two stories or more may be greater in length than depth.
(c)
Height.
[1]
Unless otherwise noted, buildings heights shall include:
[a]
Main Street: N/A.
[b]
City street: shall be a maximum three stories in height to a maximum of 36 feet and a minimum two stories.
[c]
District street: shall be a maximum three stories in height to a maximum of 36 feet and a minimum two stories.
[d] 
Neighborhood street: shall be a maximum three stories in height to a maximum of 36 feet and a minimum 1 1/2 stories.
[2] 
Accessory building or structure shall be a maximum of 1 1/2 stories in height or 24 feet.
(d)
Length to height ratio.
[1] 
The length to height ratio shall be a maximum 1:2 and a minimum 1:1.5 along primary street frontage.
(f)
Setbacks.
[1]
Unless otherwise noted, front yard setback shall be:
[a]
Main Street: N/A.
[b]
City street: within two feet of the average setback of three adjacent buildings on both sides of the building to a maximum 15 feet and a minimum six feet.
[c]
District street: within two feet of the average setback of three adjacent buildings on both sides of the building to a maximum 15 feet and a minimum six feet.
[d] 
Neighborhood street: within two feet of the average setback of three adjacent buildings on both sides of the building to a maximum nine feet and a minimum six feet.
[2] 
Side yard setback shall be a combined maximum of nine feet.
[3] 
Rear yard setback shall be a minimum of 10 feet.
[4] 
Accessory buildings or structure shall be located in the rear yard and conform to all primary building requirements.
(2)
District character.
(a)
Facade composition.
[1] 
The maximum length of a facade plane shall be 25 feet. A change in facade plane shall occur when length exceeds 25 feet. The change shall be no less than two feet in depth and 12 feet in length.
[2] 
The first floor of the primary street frontage shall include at least one structural facade feature: turret, covered entrance, raised porch, or bay window.
[3] 
All facades fronting a street shall conform to the district criteria and be equal.
[4] 
One vehicular entrance is permitted per building on a side or rear facade and shall be enclosed by a garage door a maximum 11 feet wide.
[5] 
Facade lighting shall be wall-mounted luminaires and shall be mounted no higher than the top of the first floor.
[6]
Facade lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines. No floodlighting is permitted.
(b)
Window.
[1]
All first floor building facades shall be a minimum 25% to a maximum 50% window coverage.
[2] 
All other building facades shall be a minimum 20% to a maximum 50% window coverage.
[3]
All other facades shall be a minimum 10% window coverage.
[4] 
The window height to width ratio shall be 1.5:1 to 2:1; larger window openings for bay or picture windows shall be divided with mullions to express an equal ratio.
[5]
Windows shall be transparent.
[6] 
Windows shall be recessed three inches to six inches from the facade.
(c)
Entrance.
[1]
Entrances into buildings shall be provided on all city, district and neighborhood street frontages.
[2] 
Buildings 2 1/2 stories or less shall have the first floor elevation be a minimum 1.5 feet and a maximum of three feet above sidewalk.
[3] 
Buildings greater than 2 1/2 stories shall have the first floor elevation be a maximum three feet above sidewalk.
[4] 
Entrances shall be a minimum 10% to a maximum 70% translucent, including transom and sidelights.
[5] 
All entrances shall be illuminated and shall conform to facade lighting.
(e)
Roofline.
[1] 
For buildings 2 1/2 stories or less, rooflines shall be gable, gambrel or mansard. Roof overhang shall be a minimum one foot.
[2] 
For buildings greater than 2 1/2 stories, rooflines shall be mansard or flat.
[3] 
Buildings 2 1/2 stories or less shall have a minimum two skylights or dormers.
[4] 
Chimney facade shall be masonry and conform to district building criteria.
[5] 
Mechanical and telecommunications equipment shall be concealed so as not to be visible from the street.
(f)
Material and color.
[1]
In addition to windows for buildings 2 1/2 stories or less, the primary construction material shall be clay brick, stone, wood or vinyl bevel siding.
[2]
In addition to windows for buildings 2 1/2 stories or greater, the primary construction material shall be clay brick, stone, wood or vinyl bevel siding, stucco [exterior insulation finish system (EIFS)] or decorative concrete.
[3] 
Excluding windows, a maximum of two primary construction materials may be used.
[4] 
Excluding windows, a minimum 70% of one primary construction material shall be used.
[5]
Excluding windows, a maximum of three colors shall be permitted.
(g)
Refuse storage.
[1]
Excluding alley streets, refuse storage shall not be located on a street frontage and shall not be visible from the street.
[2] 
Buildings greater than 2 1/2 stories shall locate refuse in a concealed enclosure that includes solid metal or wood doors.
[3] 
Refuse enclosure shall be integral to the primary building or accessory building and consist of equal material.
(3)
Signage.
(a)
Building identification signage.
[1]
One sign shall be allowed.
[2]
Sign shall be horizontal and flush mounted or freestanding.
[3] 
Flush-mounted sign shall be a maximum eight feet above grade and a maximum of 10 square feet.
[4] 
Freestanding sign shall be a maximum four feet above grade and a maximum of six square feet per 25 feet of frontage to a maximum of 25 square feet.
[5] 
Freestanding sign shall be perpendicular to the street frontage and shall be setback a minimum five feet.
[6]
Sign materials shall include any of the district building materials and metal.
[7]
Sign luminaires shall conform to facade lighting.
[8]
Freestanding sign illumination source shall be at or below grade and shall illuminate the sign only. No stray light is permitted.
[9]
Sign graphics shall include raised or recessed copy.
[10]
Signs shall include no more than four colors.
(b)
Business signage.
[1]
Signs shall be incorporated into building identification signage for buildings with 50 feet of frontage or less.
[2] 
For buildings with greater than 50 feet of frontage, one sign per ground floor commercial user is permitted. Signs shall be integrated into the facade pattern and shall be flush mounted or projecting.
[3] 
Flush-mounted signs shall be attached to the building facade a maximum eight feet above grade.
[4] 
Individual sign area shall be a maximum eight square feet; total sign area shall be a maximum of 40% of the property frontage.
[5] 
Projecting signs shall not exceed four square feet in area, shall not project more than four feet from the face of a building and shall be located a minimum of eight feet from the ground.
[6] 
Supports for projecting signs shall be attached to the building facade at no more than two points.
[7]
Materials, illumination and colors shall conform to the criteria for building identification signage.
(c)
Address signage.
[1] 
One sign shall be located at the primary building entrance no higher than the top of the first floor or on the building identification signage.
[2] 
Sign graphics shall be raised or recessed copy and shall be a minimum of two inches and a maximum five inches in height.
[3]
Sign materials shall include any of the district building materials and metal.
[4]
Building lighting shall illuminate address signage.
(d)
Heritage signage.
[1] 
One sign shall be placed on the primary frontage of each building and shall be located no higher than five feet above finished grade.
[2]
Sign shall be face mounted to the building facade.
[3]
Sign shall be made of metal.
[4]
Sign shall include, at a minimum, the date of construction.
[5] 
The maximum sign area shall be 1.5 square feet.
(e)
Awning.
[1] 
Awnings shall be permitted at building entrances and windows.
[2] 
At building entrances the maximum width shall be 1 1/2 times the width of the entrance opening.
[3] 
At windows the maximum width shall be the width of the opening.
[4] 
First floor awnings shall be a minimum seven feet and a maximum nine feet above exterior finished elevation at the building.
[5] 
Building entrance awnings shall project no more than four feet.
[6] 
Window awnings shall project no more than three feet.
[7]
Awning supports shall include building attachments only.
[8]
Awnings shall be made of flexible woven, natural or synthetic materials.
[9]
Awning fabric shall include no more than three colors.
[10]
All window awnings shall be equal in material and color.
[11] 
Awning signage copy shall only include building identification or address and shall be a maximum five inches in height.
[12]
Awnings shall be illuminated by building lighting only.
I.
Site.
(1)
Parking.
(a)
Building parking.
[1]
Building parking shall not be located at intersecting city streets.
[2] 
Building parking shall be located in the rear yard and be hard surfaced.
[3] 
Parking shall be accessed from district, neighborhood or alley streets.
[4]
Lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
[5]
Parking luminaires shall be located on the building and conform to building lighting criteria. If additional lighting is required, freestanding light fixtures shall conform to parking lot lighting criteria.
(b)
Parking lot.
[1]
Parking lots shall not be located at intersecting city streets.
[2] 
Access to parking lots shall be from district, neighborhood or alley streets.
[3] 
Lots shall have a maximum fifty-foot frontage.
[4] 
Street frontage setback shall be a minimum six feet greater than district sidewalk criteria to a maximum 15 feet.
[5] 
Side and rear yard setback shall be a minimum six feet.
[6]
Parking lots shall be hard surfaced and concrete or granite curbed.
[7] 
Parking lots shall be screened on city, district and neighborhood streets by a wall conforming to district building materials.
[8] 
The wall shall be a minimum three feet high and a maximum of four feet high.
[9] 
Setbacks shall be landscaped with one tree per 250 square feet and continuous ground cover.
[10] 
Parking lots shall be landscaped with trees and continuous ground cover in curbed islands so that the parking lot is shaded to a minimum 40% at tree maturity.
[11]
Lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines and shall be maintained from dusk to dawn.
[12] 
Light fixtures shall not exceed 18 feet in height. No light shall cast upwards.
(2)
Additional amenities.
(a)
Fencing/walls.
[1]
Fencing on street frontages shall have a maximum height of four feet.
[2] 
Fencing in rear and side yards shall have a maximum height of five feet to a minimum 10 feet from the front facade.
[3]
On street frontages fencing shall be ornamental picket of cast or extruded metal. Wood fencing is permitted in side and rear yards.
[4]
Gates shall be equal to fencing.
[5]
Street frontage wall setback shall be a minimum two feet or two feet greater than district sidewalk criteria.
[6] 
Rear and side yard walls shall have a maximum height of five feet. Street frontage and side yard walls shall have a minimum height of 1.5 feet and a maximum height of three feet from street frontage lot line to the building facade.
[7]
Combined fencing/walls on street frontages shall not exceed four feet in height.
[8]
Excluding wood or vinyl bevel siding, walls shall conform to district building materials.
(b)
Landscape.
[1] 
Front yards shall be landscaped with a minimum one tree per 350 square feet and continuous ground cover.
[2]
All entrances fronting onto city, district and neighborhood streets shall have a walkway connecting to the sidewalk.
[3] 
Walkways shall be a minimum three feet wide and concrete or modular unit paving.
[4]
Freestanding luminaires shall be permitted one per sidewalk entrance.
[5] 
The luminaire shall be a minimum three feet to a maximum five feet above sidewalk grade. No light shall cast upwards.
J.
[2]District plant materials. The plant materials shall conform to the Forestry Master Plan. Trees shall adhere to the following:
(1)
Viability: winter hardy, suitable for urban conditions of shade, air quality, desiccation and soil and space limitations as found on the particular site, resistant to blight and pests.
(2)
Public health and safety: thornless, no tap roots, no weak or brittle wood and no invasive weed species.
(3)
Design character: mature size and shape suitable for the space available, tall canopy trees for wide streets and large sites, small or columnar trees for narrow streets and small sites, multiple seasons of special interest (in leaf, in blossom, fall color, bark or branching pattern) and/or harmony with the dominant character defining tree association of the area.
(4)
All proposed street trees and work related to street trees shall conform to the Standards and Specifications for Street Tree and Public Tree Work.
§ 120-70 East End District.
A.
Purpose of the district. The primary purpose of the design criteria for the East End District is to:
(1)
Preserve the desirable design character of the public realm of the district.
(2)
Promote diversity and variety in the public realm which maintains and enhances the existing diversity found.
(3)
Promote street-level activity and uses.
(4)
Create green streets and midblock corridors to enhance pedestrian circulation.
(5)
Mitigate to impact of the Inner Loop and allow for its future removal and redevelopment as outlined in previous planning studies.
B. 
District boundaries and definition. The boundaries of the East End District were determined by delineating the area which is physically and visually connected to the downtown and which has overall common yet diverse design characteristics.
C.
Design character of the district. The East End District is defined by an assortment of building types, ranging in height from two to four stories. Rooflines, building materials and building orientation vary throughout the district, contributing to the district's character. Landscaped alleyways create an internal pedestrian system and provide access to rear lots. Building setbacks in the East End District are minimal, contributing to a pedestrian scale and promoting street-level activity.
D.
Design Checklist. The following chart lists the design criteria and the deviations that require major site plan or minor site plan review. Applications that are within acceptable tolerances, and otherwise meet all design criteria, do not require site plan approval unless such approval is required pursuant to the other site plan thresholds as listed in § 120-191 of this chapter.
Design Checklist - East End District | |||
|---|---|---|---|
Design Criteria | Major Deviation | Minor Deviation | Tolerance |
BUILDINGS | |||
Building form and mass | X | ||
Minimum lot frontage | X | ||
Maximum building length and depth relative to block | X | 10% | |
Accessory building coverage | X | 10% | |
Minimum and maximum building height | X | ||
Maximum accessory building height | X | ||
Length to height ratio | X | 20% | |
Orientation to street frontage | X | ||
Front setback | X | ||
Side setback | X | ||
Rear yard setback | X | ||
Accessory building setbacks | X | ||
DISTRICT CHARACTER | |||
Building maintains horizontal alignment | X | ||
Building facade planes | X | ||
Facade fenestration | X | ||
Equal street frontage facades | X | ||
Vehicular entry width | X | 10% | |
Service bay depth | X | ||
Facade lighting | X | ||
Facade window coverage | X | 10% | |
Window height to width ratio | X | 20% | |
Window translucency | X | ||
Window recess | X | 30% | |
Entrances on street frontage | X | ||
Entrances elevation | X | 20% | |
Entrance translucency | X | 20% | |
Entrance lighting | X | ||
Roofline | X | ||
Roofline cornice | X | 20% | |
Rooftop mechanical/telecommunications equipment | X | ||
Primary construction material | X | ||
Percent primary construction material | X | 20% | |
Number of colors | X | 50% | |
Location of refuse storage | X | ||
Refuse storage details (enclosures, doors) | X | ||
SIGNAGE | |||
Number of building identification signs | X | ||
Location and size of building identification sign | X | 20% | |
Building identification sign materials | X | ||
Building identification sign luminaries | X | ||
Building identification sign graphics | X | ||
Building identification sign colors | X | 30% | |
Number of business signs | X | ||
Location of business signs | X | ||
Size of business signs | X | 20% | |
Business sign materials, illumination and color | X | 30% | |
Directory sign location and size | X | 20% | |
Address sign location | X | ||
Address sign copy raised/recessed | X | 20% | |
Address sign materials | X | ||
Address sign lighting | X | ||
Heritage sign and location | X | ||
Heritage sign material | X | ||
Heritage sign information | X | ||
Heritage sign size | X | 20% | |
Awning locations | X | ||
Entrance awning width | X | 10% | |
Window awning width | X | 10% | |
Awning height | X | 10% | |
Entry awning projection | X | 10% | |
Freestanding awning support setback | X | ||
Window awning projection | X | 10% | |
Awning material | X | ||
Awning color | X | 30% | |
Awning equality | X | ||
Awning copy content and size | X | 20% | |
Awning lighting | X | ||
SITE | |||
Building parking location and surfacing | X | ||
Building parking access | X | ||
Building parking lighting | X | ||
Parking lot location | X | ||
Parking lot access | X | ||
Parking lot front yard setback | X | 10% | |
Parking lot side/rear setback | X | 10% | |
Parking lot surfacing and curbing | X | ||
Parking lot aisle | X | ||
Parking lot pedestrian walkway | X | 10% | |
Parking lot landscaping | X | 20% | |
Parking lot shaded area | X | 20% | |
Parking lot lighting height | X | 10% | |
ADDITIONAL AMENITIES | |||
Fencing/wall location | X | 10% | |
Fencing/wall height | X | 10% | |
Fencing material | X | ||
Fence gates | X | ||
Fence/wall street frontage setback | X | 10% | |
Front yard landscaping | X | 20% | |
Walkway at entrances fronting streets | X | ||
Walkway width, material and color | X | 10% | |
Freestanding lighting | X | 20% | |
E.
Design principles for the district. Design principles for the East End District should encourage compact, dense development, with a focus on developing low-rise structures, including townhouse and garden apartment styled buildings. A greenway system should be developed in the district to act as an organizing element, enhancing connections to key destinations in the public realm. Linkages between the district and the other CCD Districts should be improved.
F.
Buildings.
(1)
District context.
(c)
Height.
[1]
Unless otherwise noted, building heights shall include:
[a]
Main Street: N/A.
[b]
City street: shall be a maximum four stories in height to a maximum of 48 feet and a minimum of three stories.
[c]
District street: shall be a maximum four stories in height to a maximum of 48 feet and a minimum two stories.
[d] 
Neighborhood street: shall be a maximum four stories in height to a maximum of 48 feet and a minimum two stories.
[2] 
Accessory building or structure shall be a maximum of 1 1/2 stories to a maximum 24 feet.
(d)
Length to height ratio.
[1] 
The length to height ratio shall be a maximum 1:2.5 and a minimum 1:1 along primary street frontage.
(f)
Setbacks.
[1]
Unless otherwise noted, front yard setback shall be:
[a]
Main Street: N/A.
[b]
City street: shall be within two feet of the average setback of three adjacent buildings on either side of the building to a maximum of 10 feet.
[c]
District street: shall be within two feet of the average setback of three adjacent buildings on either side of the building to a maximum of 10 feet.
[d] 
Neighborhood street: shall be within two feet of the average setback of three adjacent buildings on either side of the building to a maximum of nine feet.
[2] 
Side yard setback shall be a combined maximum of nine feet.
[3] 
Rear yard setback shall be a minimum of 20 feet.
[4] 
Accessory buildings or structure shall be located in the rear yard and conform to all primary building requirements.
(2)
District character.
(a)
Facade composition.
[1] 
Buildings shall maintain the alignment of horizontal elements of adjacent existing buildings.
[2] 
The maximum length of a facade plane shall be 36 feet. A change in facade plane shall occur when length exceeds 36 feet. The change shall be no less than two feet in depth and 12 feet in length.
[3] 
The facade shall be composed to exhibit a vertically aligned fenestration pattern.
[4]
All facades fronting a street shall conform to the district criteria and be equal.
[5] 
One vehicular entrance is permitted per building on the side or rear facade and shall be enclosed by a garage door a maximum 11 feet wide.
[6] 
The depth of any service bay shall accommodate total vehicle length so as not to interrupt pedestrian circulation on the sidewalk.
[7] 
Facade lighting shall be wall-mounted luminaires and shall be mounted no higher than the top of the first floor. No light shall cast upwards.
[8]
Facade lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines. No floodlighting is permitted.
(b)
Window.
[1] 
All first floor building facades shall be a minimum 30% and a maximum 60% window coverage.
[2] 
All other floors on building facades shall be a minimum 25% and a maximum 60% window coverage.
[3] 
All other facades shall be a minimum 20% window coverage.
[4] 
The window height to width ratio shall be 1:1 to 2:1.
[5]
Windows shall be transparent.
[6] 
Windows shall be recessed three inches to six inches from the facade.
(c)
Entrance.
[1]
Entrances into buildings shall be provided on city, district and neighborhood street frontages.
[2] 
Building entrances shall be a maximum of three feet above sidewalk.
[3] 
Entrances shall be clearly accented and a minimum 10% translucent.
[4] 
All entrances shall be illuminated and shall conform to facade lighting.
(d)
Roofline.
[1]
Rooflines shall be flat, gable, gambrel or mansard. Roof overhang shall be a minimum one foot.
[2] 
Flat rooflines shall be delineated with decorative crown cornices a minimum 1.5 feet wide to a maximum 2.5 feet.
[3] 
Rooftop mechanical and telecommunications equipment shall be concealed so as not to be visible from the street.
(e)
Material and color.
[1] 
In addition to the windows, three primary construction materials may be used on a street facade, including clay brick, natural stone, stucco [exterior insulation finish system (EIFS)], wood or vinyl bevel siding or decorative concrete.
[2] 
Excluding windows, a minimum 60% of one primary construction material shall be used.
[3]
Excluding windows, a maximum of three colors shall be permitted.
[4] 
A maximum of two colors of any material shall be used.
(f)
Refuse storage.
[1]
Excluding alley streets, refuse storage shall not be located on a street frontage and shall not be visible from the street.
[2]
Refuse storage areas shall conform to the following:
[a] 
If a loading dock/service bay or vehicular garage is part of the building, refuse storage shall be contained within this area.
[b] 
If not located within the building, refuse storage shall be located within a concealed enclosure that includes solid metal doors, is integral to the building, consists of the same material as the building and is located at the rear of the building.
(3)
Signage.
(a)
Building identification signage.
[1]
One sign shall be allowed.
[2] 
Sign shall not be placed higher than the top of the first floor.
[3] 
Signs shall be flush mounted and attached to the building facade.
[4]
Signs shall not exceed 12 square feet.
[5]
Sign materials shall include any of the approved district building materials and metal.
[6]
Sign luminaires shall conform with the facade lighting.
[7]
Sign graphics shall include raised or recessed copy.
[8]
Signs shall include no more than four colors.
(b)
Business signage.
[1] 
A maximum of one sign per ground floor commercial user shall be permitted and shall be located no higher than the top of the first floor.
[2] 
Signs shall be horizontal or vertical and flush mounted or perpendicular to the building face. Perpendicular signs shall not project more than four feet from the face of a building and shall be located a minimum of eight feet from the ground.
[3]
Individual sign area shall be a maximum 12 square feet; total sign area shall be a maximum 40% of the property frontage.
[4]
Materials, illumination and colors shall conform to the criteria for building identification signage.
[5]
Directory signage shall be allowed at each building entrance, shall be flush mounted and a maximum six square feet.
(c)
Address signage.
[1] 
One sign shall be located at the primary building entrance no higher than the top of the first floor.
[2]
Sign graphics shall include raised or recessed copy and shall be a minimum of two inches and a maximum nine inches in height.
[3]
Sign materials shall include any of the district building materials and metal.
[4]
Building lighting shall illuminate address signage.
(d)
Heritage signage.
[1] 
One sign shall be placed on the primary frontage of each building and shall be located no higher than five feet above finished grade.
[2]
Sign shall be face mounted to the building facade.
[3]
Sign shall be made of metal.
[4]
Sign shall include, at a minimum, the date of construction.
[5]
The maximum sign area shall be 1.5 square feet.
(e)
Awning.
[1] 
Awnings shall be permitted at building entrances and windows.
[2]
At building entrances the maximum width shall be two times the width of the opening.
[3]
At windows the maximum width shall be 1.5 times the width of the opening.
[4] 
First floor awnings shall be a minimum eight feet and a maximum nine feet above the exterior finished elevation at the building.
[5] 
Building entrance awnings shall project no more than 14 feet.
[6] 
Freestanding awning supports shall have a minimum setback of two feet.
[7] 
Window awnings shall project no more than three feet.
[8]
Awnings shall be made of flexible woven, natural or synthetic materials.
[9]
Awning fabric shall include no more than three colors.
[10]
All window awnings shall be equal in material and color.
[11]
Awning signage copy shall only include building identification or address located on the valance and shall be a maximum nine inches in height.
[12]
Awnings shall only be illuminated by building lighting.
G.
Site.
(1)
Parking.
(a)
Building parking.
[1]
Building parking shall not be located at intersecting city streets.
[2] 
Building parking shall be located in the rear yard and be hard surfaced.
[3]
Parking shall be accessed from district, neighborhood or alley streets.
[4]
Lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
[5]
Parking luminaires shall be located on the building and conform to the building lighting criteria. If additional lighting is required, freestanding light fixtures shall conform to parking lot lighting criteria.
(b)
Parking lot.
[1]
Parking lots shall not be located at intersecting city streets.
[2]
Access to parking lots shall be from district, neighborhood or alley streets.
[3] 
Front yard setback shall be two feet greater than the larger adjacent building setback and shall be a minimum of 12 feet.
[4] 
Side and rear yard setback shall be a minimum six feet.
[5]
Parking lots shall be hard surfaced and concrete or granite curbed.
[6] 
Parking aisles shall be oriented perpendicular to the front yard.
[7] 
Parking lots shall have one paved pedestrian walkway to each street frontage sidewalk a minimum six feet and a maximum eight feet wide. Pedestrian walks shall be hard surfaced and equal in material and pattern to the adjacent sidewalk.
[8] 
Setbacks shall be landscaped with one tree per 250 square feet and continuous ground cover.
[9] 
Parking lots shall be landscaped with trees and continuous ground cover in curbed islands so that the parking lot is shaded to a minimum 40% at tree maturity.
[10]
Lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines and shall be maintained from dusk to dawn.
[11] 
Light fixtures shall not exceed 18 feet in height. No light shall be cast upwards.
(2)
Additional amenities.
(a)
Fencing/wall.
[1]
Fencing/wall shall not be located on primary street frontage.
[2] 
Fencing/wall shall be allowed in rear yards, side yards and secondary street frontages to a minimum 10 feet from the front facade.
[3]
Fencing/wall shall have a maximum height of five feet in rear and side yards and a maximum height of four feet on secondary street frontages.
[4]
On street frontages, fencing shall be ornamental picket of cast or extruded metal. Wood fencing is permitted in side and rear yards.
[5]
Excluding wood or vinyl bevel siding, walls shall conform to district building materials.
[6]
Gates shall be equal to fencing.
[7] 
Street frontage fencing/wall setback shall be a minimum two feet or two feet greater than district sidewalk criteria.
(b)
Landscape.
[1] 
Front yards shall be landscaped with a minimum one tree per 350 square feet and continuous ground cover.
[2]
All entrances fronting onto city, district and neighborhood streets shall have a walkway connecting to the sidewalk.
[3] 
Walkways shall be minimum five feet wide and concrete or modular unit paving.
[4]
Freestanding luminaires shall be permitted one per sidewalk entrance.
[5] 
The luminaire shall be a minimum three feet to a maximum six feet above sidewalk grade. No light shall cast upwards.
H.
[1]District plant materials. The plant materials shall conform to the Forestry Master Plan. Trees shall adhere to the following:
(1)
Viability: winter hardy, suitable for urban conditions of shade, air quality, desiccation and soil and space limitations as found on the particular site, resistant to blight and pests.
(2)
Public health and safety: thornless, no tap roots, no weak or brittle wood and no invasive weed species.
(3)
Design character: mature size and shape suitable for the space available, tall canopy trees for wide streets and large sites, small or columnar trees for narrow streets and small sites, multiple seasons of special interest (in leaf, in blossom, fall color, bark or branching pattern) and/or harmony with the dominant character defining tree association of the area.
(4)
All proposed street trees and work related to street trees shall conform to the Standards and Specifications for Street Tree and Public Tree Work.
[1]
Editors Note: Former Subsection H, Noise level performance criteria, was repealed 9-21-2010 by Ord. No. 2010-323, which ordinance also redesignated former Subsection I as Subsection H.
§ 120-71 Tower District.
A.
Purpose of the district. The primary purpose of the design criteria for the Tower District is to:
B. 
District boundaries and definition. The boundaries of the district were determined by identifying the extent of the contemporary office tower area in the CCD and the practical opportunities for enhancing the area as described above.
C.
Design character of the district. Buildings in the Tower District have a clearly defined base, midsection and crown and have a high degree of transparency at ground level. The flexibility in street setbacks allows for enriched public spaces and the creation of plazas for gatherings. Buildings in the Tower District have easily identifiable entrances on all street frontages. Promenade-like streets, with wide sidewalks, improve the pedestrian experience and allow for a variety of public uses and activities.
D.
Design Checklist. The following chart lists the design criteria and the deviations that require major site plan or minor site plan review. Applications that are within acceptable tolerances, and otherwise meet all design criteria, do not require site plan approval unless such approval is required pursuant to the other site plan thresholds as listed in § 120-191 of this chapter.
Design Checklist - Tower District | |||
|---|---|---|---|
Design Criteria | Major Deviation | Minor Deviation | Minor Tolerance |
BUILDINGS | |||
Building form and mass | X | ||
Minimum lot frontage | X | ||
Maximum building coverage relative to block | X | 10% | |
Minimum and maximum building height | X | ||
Length to height ratio | X | 20% | |
Orientation to street frontage | X | ||
Front setback | X | ||
Front plaza setback | X | 10% | |
Side/rear setback | X | ||
DISTRICT CHARACTER | |||
Building maintains horizontal alignment | X | ||
Facade composition (base, midsection, crown) | X | ||
Equal street frontage facades | X | ||
Facades higher than abutting buildings | X | ||
Vehicular entry location | X | ||
Vehicular entry width | X | 10% | |
Vehicular entry to parking garage | X | ||
Vehicular entry door | X | 20% | |
Service bay depth | X | ||
Facade lighting | X | ||
Lighting at vehicular entrances | X | ||
Window organization | X | ||
Base facade window coverage | X | 10% | |
Midsection/crown window height to width ratio | X | 20% | |
Windows translucent | X | 20% | |
Entrances on street frontage | X | ||
Entrance elevation | X | ||
Entrance articulation and percent translucent | X | 20% | |
Entrance recess | X | 20% | |
Entrance lighting | X | ||
Rooftop mechanical/telecommunications equipment | X | ||
Base primary construction material | X | ||
Base primary colors | X | 30% | |
Midsection/crown colors | X | ||
Location of refuse storage | X | ||
SIGNAGE | |||
Building/corporate identification sign and size | X | 10% | |
Mounting of building identification sign | X | ||
Number of business signs | X | ||
Location of business signs | X | ||
Size of business signs | X | 20% | |
Address sign location | X | ||
Address sign size | X | 20% | |
SKYWAY | |||
Skyway height | X | ||
Interior skyway parallel to exterior facade | X | ||
Skyway width | X | 10% | |
Skyway nontranslucent walls | X | 20% | |
Skyway supported from facade | X | ||
Skyway lighting | X | ||
Skyway windows translucent | X | 10% | |
Skyway entrances direct from building | X | ||
Skyway entrances identified and translucent | X | 10% | |
Skyway entrance lighting | X | ||
Skyway roofline | X | ||
Skyway material and color | X | ||
Skyway benches quantity | X | ||
Skyway benches size | X | 20% | |
Skyway interpretive panel size | X | 20% | |
SITE | |||
Building underground parking location | X | ||
Building underground parking access | X | ||
Parking garage entry width | X | 10% | |
Underground parking pedestrian access direct from building | X | ||
Underground parking mechanical equipment location | X | ||
Building underground parking entry lighting | X | ||
Building surface parking size | X | ||
Building surface parking location, surfacing and curbing | X | ||
Building surface parking access | X | ||
Building surface parking lighting | X | ||
Parking lot location | X | ||
Parking lot access | X | ||
Parking lot setback | X | ||
Parking lot surfacing and curbing | X | ||
Parking lot aisle orientation | X | ||
Parking lot landscaping | X | 20% | |
Parking lot shaded area | X | 20% | |
Parking lot pedestrian walks | X | 10% | |
ADDITIONAL AMENITIES | |||
Drive-through location | X | ||
Wall setback | X | ||
Wall height | X | 10% | |
Wall materials | X | ||
Plaza/forecourt entrances | X | 10% | |
Plaza/forecourt grade elevation | X | 20% | |
Plaza/forecourt materials | X | ||
Plaza/forecourt benches | X | 20% | |
Plaza/forecourt landscaping | X | 20% | |
Plaza/forecourt lighting | X | 20% | |
E.
Design principles for the district. Design principles in the Tower District are intended to create a contiguous system of public spaces linked by pedestrian promenades. Buildings should be created to accommodate a range of uses, including both public and private spaces and they should have diverse facade features, with clearly defined base, midsection and crown. An appropriate scaled relationship between building coverage and block size will maintain the desired character of the district.
F.
Buildings.
(1)
District context.
(a)
Building form and mass.
[1] 
Buildings shall exhibit a vertical mass on the street frontage with clearly articulated horizontal divisions.
(d)
Length to height ratio.
[1] 
The length to height ratio shall be a maximum 1:2.5 and a minimum 1:1.5 along primary street frontage.
(f)
Setback.
[1]
Unless otherwise noted, front yard setbacks shall include:
[a]
Main Street: N/A.
[b]
City street. All front yard setbacks shall be a minimum 11 feet and a maximum 19 feet and shall be integral to the sidewalk to create a minimum sidewalk of 20 feet.
[c]
District street. All front yard setbacks shall be a minimum 11 feet and a maximum 19 feet and shall be integral to the sidewalk to create a minimum sidewalk of 20 feet.
[d] 
Neighborhood street: zero feet.
[2] 
The front yard setback can be increased for 33% of the building length to create a plaza/forecourt. The maximum setback shall be 33% of the building length; the minimum width shall be 20 feet.
[3]
Side and rear setback shall be a minimum zero.
(2)
District character.
(a)
Facade composition.
[1] 
Buildings shall maintain the alignment of horizontal elements of adjacent existing buildings.
[2] 
The facade shall be composed to express a clearly defined base, midsection and crown; the base of the building shall be no higher than the top of the third story.
[3] 
All facades fronting a street shall conform to the district criteria and be equal.
[4] 
All facades higher than adjacent and abutting buildings shall be equal to street facades.
[5] 
A maximum of two adjacent vehicular entrances are permitted on a facade on district and neighborhood streets.
[6]
Vehicular entrances shall be a maximum 11 feet wide.
[7] 
Vehicular entrances that lead to parking garages shall be integrated into the building facade and shall not extend beyond the top of the first floor.
[8] 
Vehicular entrances that consist of loading docks/service bays shall be enclosed with garage doors, integrated into the building facade and not extend beyond the top of the first floor. The garage door shall be recessed from the plane of the facade between three feet and five feet and shall be a minimum of 20% translucent.
[9] 
The depth of any service bay must accommodate total vehicle length so as not to interrupt pedestrian circulation on the sidewalk.
[10] 
Facade lighting shall be wall-mounted luminaires and shall be mounted no higher than the top of the third floor.
[11]
Facade lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
[12]
Vehicular entrance lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
(b)
Window.
[1] 
Windows shall be organized to reinforce the base, midsection and crown.
[2] 
The base shall be a minimum 50% and a maximum 75% window coverage.
[3] 
Windows across the midsection and crown of a building shall be equal to or greater in height than width.
[4] 
Base windows shall be transparent and shall permit views 20 feet into the building when standing five feet from the window.
(c)
Entrance.
[1]
Entrances into buildings shall be provided on all street frontages.
[2] 
The finished floor elevation of all buildings shall be a maximum 2.5 feet above sidewalk grade accessible by a ramp.
[3]
All entrances shall be articulated and designed as building features. Entrances shall be a minimum 50% translucent.
[4] 
All entrance doors shall be recessed from the building face no less than the width of the door.
[5] 
All entrances shall be illuminated with accent lighting and shall conform to facade lighting. Light shall be cast downward.
(d)
Roofline.
[1] 
Rooftop mechanical equipment shall be concealed so as not to be visible from the street. Enclosures for mechanical equipment shall be equal to facade.
(e)
Material and color.
(4)
Skyway.
(a)
Facade composition.
[1] 
Skyway shall be no higher than the top of the third story.
[2] 
Interior skyway shall run parallel to the exterior building facade.
[3] 
Skyway shall be a minimum 10 feet wide and shall have a minimum seven-foot unobstructed travel width.
[4] 
Skyway nontranslucent walls shall be a maximum two feet high measured from the floor.
[5]
Skyway shall be supported from the building facade.
[6]
All light sources shall be concealed and interior.
G.
Site.
(1)
Parking.
(a)
Building parking.
[1]
Building parking shall be located underground where building coverage exceeds 10,000 square feet.
[2] 
Underground parking entrance shall be at the facade and located fronting city, district or neighborhood streets.
[3] 
Total width of the parking garage entrance shall not exceed 22 feet.
[4]
Pedestrian access to underground parking shall be integral to the building.
[5]
Mechanical equipment for underground parking shall be integral to the building.
[6]
Light level at the entrance to underground parking shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
[7]
Surface parking is permitted where building coverage is 10,000 square feet or less.
[8]
Surface parking lot shall not exceed 3,000 square feet including aisles.
[9]
Surface parking shall be located in the rear yard, be hard surfaced, and curbed.
[10]
Surface parking shall not be located at intersecting city streets.
[11]
Surface parking shall be accessed from district, neighborhood or alley streets.
[12]
Lighting levels shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
(b)
Parking lot.
[1]
Parking lots shall not be located at intersecting city streets.
[2] 
Access to parking lots shall be from district or neighborhood streets.
[3] 
Parking lots shall be set back a minimum of 11 feet on all streets.
[4] 
Side and rear yard setback shall be a minimum 10 feet.
[5]
Parking lots shall be hard surfaced and concrete or granite curbed.
[6] 
Parking aisles shall be oriented perpendicular to the front yard.
[7] 
Setbacks shall be landscaped with one tree per 250 square feet and continuous ground cover.
[8] 
Parking lots shall be landscaped with trees and continuous ground cover in curbed islands so that the parking lot is shaded to a minimum 40% at tree maturity.
[9] 
Pedestrian walks a minimum 60 feet on center and six feet wide shall be provided continuous to the sidewalk and shall be equal in material and pattern.
[10]
Lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines and shall be maintained from dusk to dawn.
[11] 
Light fixtures shall not exceed 18 feet in height.
(2)
Additional amenities.
(a)
Drive-throughs.
[1]
Drive-throughs, including all queuing and additional facilities, shall be located interior to buildings.
(b)
Fencing/walls.
(c)
Plaza/forecourt.
[1]
Entrances into the plaza/forecourt shall be provided on all street frontages; entrances shall be a minimum of 10 feet wide.
[2] 
Plaza or forecourt shall vary in elevation a maximum 2.5 feet from sidewalk grade.
[3]
Plaza/forecourt shall be concrete or modular unit paving.
[4] 
Benches shall be provided at a minimum of one bench per 35 feet of frontage.
[5] 
Plaza/forecourt shall be landscaped with trees so that the area is shaded to a minimum 50% at tree maturity.
[6] 
Mature planting shall maintain open sight lines to the street between three feet and seven feet high.
[7]
Plazas shall be illuminated and shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
[8] 
Light fixtures shall not exceed 18 feet in height.
H.
[2]District plant materials. The plant materials shall conform to the Forestry Master Plan. Trees shall adhere to the following:
(1)
Viability: winter hardy, suitable for urban conditions of shade, air quality, desiccation and soil and space limitations as found on the particular site, resistant to blight and pests.
(2)
Public health and safety: thornless, no tap roots, no weak or brittle wood and no invasive weed species.
(3)
Design character: mature size and shape suitable for the space available, tall canopy trees for wide streets and large sites, small or columnar trees for narrow streets and small sites, multiple seasons of special interest (in leaf, in blossom, fall color, bark or branching pattern) and/or harmony with the dominant character defining tree association of the area.
(4)
All proposed street trees and work related to street trees shall conform to the Standards and Specifications for Street Tree and Public Tree Work.
[2]
Editors Note: Former Subsection H, Noise level performance criteria, was repealed 9-21-2010 by Ord. No. 2010-323, which ordinance also redesignated former Subsection I as Subsection H.
§ 120-72 Cascade-Canal District.
A.
Purpose of the district. The primary purpose of the design criteria for the Cascade-Canal District is to:
(1)
Preserve and enhance the existing heritage qualities of the area.
(2)
Allow existing warehouse and industrial style buildings to adapt to a variety of uses and function.
(3)
Promote a pedestrian-scaled environment and create well-defined street edges with mid-block connections.
(4)
Strengthen connections to Main Street and the riverfront.
(5)
Promote the district as an enclave which expresses an rich warehouse/industrial quality; build upon and draw from the quality of the Cascade redevelopment area.
B. 
District boundaries and definition. The boundaries for the district were determined by identifying the extent of the warehouse/industrial character of the CCD and the practical opportunities for enhancing the area as described above. The district extends north of the Inner Loop to include Frontier Field and surrounding character lands.
C.
Design character of the district. The design intent for this district preserves and promotes its industrial warehouse character and creates a pedestrian-scaled enclave. The design character is typified by two- to five-story, horizontal box-like buildings with flat rooflines. Facades are composed of dominant vertical columns and strong horizontal bands which divide translucent glass panels. Buildings have zero setback along street frontages to create a strong sense of enclosure and an appropriate pedestrian scale. A pedestrian-oriented alleyway system is created through the district with minimum side and rear yard setbacks. This pedestrian system links streets and allows for integrated connections to adjacent districts.
D.
Design Checklist. The following chart lists the design criteria and the deviations that require major site plan or minor site plan review. Applications that are within acceptable tolerances, and otherwise meet all design criteria, do not require site plan approval unless such approval is required pursuant to the other site plan thresholds as listed in § 120-191 of this chapter.
Design Checklist - Cascade-Canal District | |||
|---|---|---|---|
Design Criteria | Major Deviation | Minor Deviation | Minor Tolerance |
BUILDINGS | |||
Building form and mass | X | ||
Minimum lot frontage | X | ||
Maximum building length and depth relative to block | X | 10% | |
Minimum and maximum building height | X | ||
Length to height ratio | X | 20% | |
Orientation to street frontage | X | ||
Front setback | X | ||
Side and rear yard setback | X | ||
DISTRICT CHARACTER | |||
Building maintains horizontal alignment | X | ||
Facade composition | X | ||
Equal street frontage facades | X | ||
Vehicular entry location and garage door recessed and translucent | X | 20% | |
Service bay depth | X | ||
Facade lighting | X | ||
Facade window coverage | X | 10% | |
Window height to width ratio | X | 20% | |
Divided window openings | X | ||
Window translucency | X | 20% | |
Window recess | X | 30% | |
Basement window width | X | ||
Entrances on street frontage | X | ||
Entrance elevation | X | ||
Entrance accent and translucency | X | 20% | |
Entrance lighting | X | ||
Roofline | X | ||
Roofline cornice | X | 20% | |
Rooftop mechanical/telecommunications equipment | X | ||
Primary construction material of clay brick | X | 10% | |
Additional construction material | X | ||
Number of colors | X | 50% | |
Location of refuse storage | X | ||
Refuse storage details (enclosures, doors) | X | ||
SIGNAGE | |||
Number of building identification signs | X | ||
Location of building identification sign | X | ||
Size of building identification sign | X | 20% | |
Building identification sign materials | X | ||
Building identification sign luminaries | X | ||
Building identification sign graphics | X | ||
Building identification sign colors | X | 30% | |
Business signs on kiosk | X | ||
Address sign location | X | ||
Address sign copy raised/recessed | X | ||
Address sign materials | X | ||
Address sign lighting | X | ||
Heritage sign and location | X | ||
Heritage sign material | X | ||
Heritage sign information | X | ||
Heritage sign size | X | 20% | |
Awning locations | X | ||
Awning width | X | 10% | |
Awning height | X | 10% | |
Awning projection | X | 10% | |
Awning support/attachments | X | ||
Awning material | X | ||
Awning color | X | 30% | |
Awning copy size | X | 20% | |
Awning lighting | X | ||
SITE | |||
Building parking location and surfacing | X | ||
Building rear yard parking access | X | ||
Building rear yard parking lighting | X | ||
Parking lot location | X | ||
Parking lot access | X | ||
Parking lot setback | X | ||
Parking lot surfacing and curbing | X | ||
Parking lot aisle orientation | X | ||
Parking lot wall material | X | ||
Parking lot wall height | X | ||
Parking lot wall pedestrian openings | X | 10% | |
Parking lot landscaping to shade area | X | 20% | |
Parking lot wall columns | X | 10% | |
Parking lot wall relief | X | 20% | |
Parking lot wall column height | X | 10% | |
Parking lot lighting height | X | 10% | |
ADDITIONAL AMENITIES | |||
Drive-through setback and location | X | 10% | |
Wall setback | X | ||
Wall height | X | 10% | |
Wall materials | X | ||
E.
Design principles for the district. The design principles for the Cascade-Canal District creates a pedestrian-scaled enclave adaptable to a wide range of uses and functions. The historic character of the district should be enhanced and preserved. Greenway linkages should be established and connections to the riverfront should be strengthened. Impacts of the Inner Loop should be alleviated through design.
F.
Buildings.
(1)
District context.
(a)
Building form and mass.
[1]
Buildings shall be horizontal and longer in length than depth along the street.
(c)
Height.
[1]
Unless otherwise noted, buildings heights shall include:
[a]
Main Street: N/A.
[b]
City street: a maximum of five stories in height to a maximum of 60 feet and a minimum of two stories.
[c]
District street: a maximum of five stories in height to a maximum of 60 feet and a minimum of two stories.
[d] 
Neighborhood street: a maximum of five stories in height to a maximum of 60 feet and a minimum of two stories.
(4)
District character.
(a)
Facade composition.
[1] 
Buildings shall maintain the alignment of horizontal elements of adjacent existing buildings.
[2] 
The building facade shall be composed to exhibit vertical columns 18 feet to 24 feet on center. Columns shall be two feet to three feet wide and create a relief from the plane of the facade.
[3] 
All facades fronting a street shall conform to the district criteria and be equal.
[4] 
One vehicular entrance is permitted on street frontages provided it is located between columns and is enclosed with a garage door. The garage door shall be recessed from the plane of the facade between 1.5 feet and three feet and shall be a minimum of 30% translucent.
[5] 
The depth of any service bay shall accommodate total vehicle length so as not to interrupt pedestrian circulation on the sidewalk.
[6] 
Facade lighting shall be wall-mounted luminaires historic in character and shall be mounted no higher than the top of the first floor and shall illuminate the sidewalk. No light shall cast upwards.
[7]
Facade lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines. No floodlighting is permitted.
(b)
Window.
[1] 
All street facades shall be a minimum 50% and a maximum 70% window coverage.
[2] 
All alley street facades shall be a minimum 25% window coverage.
[3] 
The window height to width ratio shall be 1:1 to 1:1.5 and shall exhibit regular fenestration.
[4] 
Window openings shall be divided with mullions; muntins are permitted.
[5] 
Windows shall be translucent and shall permit views 10 feet into the building when standing five feet away from window.
[6] 
Windows shall be recessed three inches to six inches from the facade.
[7] 
Basement windows shall maintain the same width as windows directly above.
(c)
Entrance.
[1] 
Entrance into the buildings shall be provided on city, district and neighborhood street frontages.
[2] 
Entrances shall be flush with the sidewalk; changes in elevation shall be made internally.
[3] 
Entrances shall be clearly accented and 60% translucent.
[4] 
Entrances shall be illuminated and shall conform to facade lighting.
(e)
Material and color.
[1] 
Non-glass surfaces on street facades shall be a minimum of 55% to 65% clay brick.
[2] 
In addition to the windows and clay brick, one additional construction material may be used on the street facade including natural stone, stucco [exterior insulation finish system (EIFS)] or decorative concrete.
[3]
Excluding windows, a maximum of two colors shall be permitted.
(f)
Refuse storage.
[1]
Excluding alley streets, refuse storage shall not be located on a street frontage and shall not be visible from the street.
[2]
Refuse storage areas shall conform to one of the following:
[a] 
If a loading dock/service bay or vehicular garage is part of the building, refuse storage shall be contained within this area.
[b] 
If there is no loading dock/service bay or vehicular garage, refuse storage shall be located within the building, accessible from the exterior and enclosed with a solid metal door. The doors shall be integrated into the facade pattern in a manner consistent with the character of the building.
[c] 
If not located within the building, refuse storage shall be located within a concealed enclosure that includes solid metal doors, is integral to the building, consists of the same materials as the building and is located at the rear of the building.
(5)
Signage.
(a)
Building identification signage.
[1] 
One sign shall be allowed on each street frontage.
[2] 
Signs shall not be placed higher than the top of the first floor.
[3] 
Signs shall be integrated into the facade pattern between columns and shall be located above or adjacent to primary building entrances; signs shall be horizontal or vertical and flush mounted.
[4] 
Signs shall not exceed 30 square feet and shall have a maximum width of three feet.
[5]
Sign materials shall include any of the district building materials, wood and metal.
[6]
Sign luminaires shall conform to the facade lighting.
[7]
Sign graphics shall be raised or recessed copy.
[8]
Signs shall include no more than three colors.
[9]
Signs may be painted onto facades fronting alley streets.
(b)
Business signage.
[1]
Signage shall be placed on a common kiosk at each street building entrance and shall conform to street criteria.
(c)
Address signage.
[1] 
Signs shall be located at the primary building entrance no higher than top of the first floor.
[2] 
Sign graphics shall be raised or recessed copy and shall be a minimum of two inches and a maximum nine inches in height.
[3]
Sign materials shall include any of the district building materials and metal.
[4] 
Building lighting shall illuminate the sign.
(d)
Heritage signage.
[1] 
One sign shall be placed on the primary frontage of each building and shall be located no higher than five feet above finished grade.
[2]
Signs shall be face mounted to the building facade.
[3]
Signs shall be made of metal.
[4]
Signs shall include, at a minimum, the date of construction.
[5] 
The maximum sign area shall be 1.5 square feet.
(e)
Awning.
[1] 
Awnings shall be permitted at building entrances.
[2] 
The maximum width shall be two times the width of the entrance opening.
[3] 
Awnings shall be a maximum nine feet above the entrance elevation.
[4] 
Awnings shall project no more than half the width of the sidewalk.
[5] 
Awning support shall include building attachments only.
[6]
Awnings shall be made of flexible woven, natural or synthetic material.
[7]
Awning fabric shall include no more than three colors.
[8] 
Awning signage copy shall include only building identification or address located on the valance and shall be a maximum eight inches in height.
[9]
Awnings shall only be illuminated by building lighting.
G.
Site.
(1)
Parking.
(a)
Building parking.
[1]
Building parking shall not be located at intersecting city streets.
[2] 
Building parking shall be located in the rear yard and be hard surfaced.
[3] 
Parking shall be accessed from alley streets.
[4]
Lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines.
[5]
Parking luminaires shall be located on the building and conform to the building lighting criteria. If additional lighting is required, freestanding light fixtures shall conform to parking lot lighting criteria.
(b)
Parking lot.
[1]
Parking lots shall not be located at intersecting city streets.
[2] 
Access to parking lots shall be from alley streets.
[3] 
Parking lots shall have setbacks to accommodate the required wall on all streets except alley streets.
[4] 
Side and rear yard setback shall be a minimum 7.5 feet and a maximum nine feet.
[5]
Parking lots shall be hard surfaced and concrete or granite curbed.
[6] 
Parking aisles shall be oriented perpendicular to the front yard.
[7] 
Parking lots shall be screened on city, district and neighborhood streets by a wall conforming to district building materials.
[8] 
The wall shall be a minimum three feet high and a maximum four feet high.
[9] 
Walls shall have pedestrian openings eight feet to 10 feet wide aligned with the center line of the parking aisles. Pedestrian walks, the full width of the opening, shall be a hard surfaced and equal in material and pattern to the adjacent sidewalk.
[10] 
Parking lots shall be landscaped with trees and continuous ground cover in curbed islands so that the parking lot is shaded to a minimum 40% at tree maturity.
[11] 
Columns shall be expressed in the wall 18 feet to 24 feet on center.
[12] 
Wall columns shall create a relief from the plane of the wall a minimum four inches.
[13] 
Column width shall be 16 inches to 24 inches.
[14]
Lighting shall conform to Illumination Engineers Society of North America (IESNA) guidelines and shall be maintained from dusk to dawn.
[15] 
Light fixtures shall not exceed 18 feet in height. No light shall be cast upwards.
H.
[1]District plant materials. The plant materials shall conform to the Forestry Master Plan. Trees shall adhere to the following:
(1)
Viability: winter hardy, suitable for urban conditions of shade, air quality, desiccation and soil and space limitations as found on the particular site, resistant to blight and pests.
(2)
Public health and safety: thornless, no tap roots, no weak or brittle wood and no invasive weed species.
(3)
Design character: mature size and shape suitable for the space available, tall canopy trees for wide streets and large sites, small or columnar trees for narrow streets and small sites, multiple seasons of special interest (in leaf, in blossom, fall color, bark or branching pattern) and/or harmony with the dominant character defining tree association of the area.
(4)
All proposed street trees and work related to street trees shall conform to the Standards and Specifications for Street Tree and Public Tree Work.
[1]
Editors Note: Former Subsection H, Noise level performance criteria, was repealed 9-21-2010 by Ord. No. 2010-323, which ordinance also provided for the redesignation of former Subsection I as Subsection H.
§ 120-73 Purpose.
The Village Center District recognizes and encourages the development of lively, pedestrian-friendly, mixed-use neighborhoods. A Village Center District offers a variety of uses, such as residential, commercial, civic and open space, that result in traditional neighborhoods where living, working and shopping are in close proximity to one another. There is a mix of housing styles, types and sizes to accommodate households of all ages, sizes and incomes. The Village Center District offers multi-modal transportation opportunities that include pedestrian walkways, bicycle lanes, automobile corridors and mass transit. The historical and cultural features of the area are protected as development and redevelopment occurs in this district.
§ 120-74 Village Center conditions.
The district would encourage the development of identified urban villages by establishing permitted uses, densities, design standards and design review procedures as outlined below. Identified Village Centers would be developed around a common theme or image (market niche) that would be unique to the neighborhood and that would be represented in the generalized design standards and regulations contained in the district and applied to public projects within the village. The following conditions must be present for a Village Center to be established:
§ 120-75 Village Center designation process.
The Village Center District establishes urban village areas within the City of Rochester that will encourage the development of lively, pedestrian-friendly, mixed-use neighborhoods. The following outlines the process for designating a Village Center District:
A.
An applicant for a Village Center may include the Mayor, City Council, Planning Commission, Zoning Board of Appeals, Preservation Board or a recognized neighborhood/sector organization.
C.
New districts may be added when identified and agreed to through a neighborhood design charrette process or a comparable public input process.
D.
If proposed by a neighborhood/sector organization, a minimum of 50% of all landowners impacted by the designation would be required on a petition for the establishment of the Village Center District.
F.
The district shall be mapped as a floating zone.
§ 120-76 PMV Public Market Village District.
Public Market Village is a diverse neighborhood consisting of residential, commercial, and wholesale uses of varied building sizes. The focal point is the historic Rochester Public Market that developed in the early 1900s on North Union Street. The Public Market provides a unique blend of retail, service and wholesale uses serving a regional clientele. Today, the Market operates much as it did when it began as a thriving center of pedestrian-based commercial activity providing a variety of commodities in an open-air market atmosphere to both households and business owners. The Public Market Village strengthens the relationship between the neighborhood buildings, sites and areas and the Public Market itself through appropriate design elements, amenities and treatments.
A.
Permitted uses and structures. The following uses are permitted in the PMV District:
[Amended 7-19-2011 by Ord. No. 2011-247; 9-19-2012 by Ord. No. 2012-363; 8-9-2016 by Ord. No. 2016-263; 9-19-2017 by Ord. No. 2017-299; 11-12-2019 by Ord. No. 2019-325]
(1)
Outdoor market.
(2)
Single-family attached dwelling.
(3)
Multifamily dwellings.
(4)
Mixed uses.
(5)
Live-work spaces.
(6)
Offices.
(7)
Public and semipublic uses.
(8)
Agriculture.
(9)
Warehouse uses.
(10)
Wholesale uses.
(11)
Retail sales and service; provided, however, that for retail sales and service establishments licensed by New York State as adult-use cannabis retail dispensaries, only if operated entirely within an enclosed building and during liquor store hours.
[Amended 11-3-2022 by Ord. No. 2022-322]
(12)
Bars, restaurants and the like including outdoor seating/assembly areas, provided that the outdoor areas only operate between the hours of 6:00 a.m. and 11:00 p.m., but excluding drive-through facilities.
(13)
Manufacturing uses when the products are sold as retail for an individual consumer.
(14)
Parks and recreation uses.
(15)
Places of worship.
(16)
Public entertainment, not including sexually oriented uses, subject to the additional requirements for public entertainment in § 120-137.
(17)
Limited entertainment, not including sexually oriented uses.
(18)
On-site cannabis consumption lounges operated entirely within an enclosed building and during bar hours, but no later than 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
B.
Special permit uses. The following uses are allowed as special permit uses in the PMV District:
(1)
Ancillary parking lots , subject to the additional requirements for specified uses in § 120-131.
[Amended 6-17-2003 by Ord. No. 2003-183]
(2)
Bed-and-breakfast establishments, subject to the additional requirements for specified uses in § 120-132.
(3)
Community garages and parking lots.
(5)
Outdoor storage, subject to the additional requirements set forth in § 120-175.
[Added 9-16-2015 by Ord. No. 2015-297]
(6)
On-site cannabis consumption lounges operating entirely within an enclosed building and during bar hours, including bar hours extending after 11:00 p.m.
[Amended 11-3-2022 by Ord. No. 2022-322]
C.
Lot, area and yard requirements. The following lot, area and yard requirements shall apply to the PMV District:
(2)
Lot area requirements.
(a)
Residential uses.
[2]
Multifamily.
[a]
Minimum lot area: 1,000 square feet per unit for one or two bedrooms.
[c]
Minimum lot area: 9,000 square feet for multifamily buildings over three units.
[Added 9-19-2017 by Ord. No. 2017-299[4]]
[4]
Editor's Note: This ordinance also repealed former Subsection C(2)(b), Nonresidential uses. Former Subsection C(2)(b)[2] and [3], providing maximum building coverage and maximum lot coverage, respectively, which had immediately followed former Subsection C(2)(b)[1], was repealed 9-21-2010 by Ord. No. 2010-323.
(3)
Yard requirements.
(a)
Residential uses.
[1]
Front yards.
[Amended 7-27-2004 by Ord. No. 2004-240]
[a]
Minimum front yard setback, principal use or structure: where applicable, the average front yard depth of buildings on the two lots adjoining a property; or the average front yard depth of buildings on the block on which the property is located; or 20 feet.
[b]
Maximum front yard setback, principal uses and structures: where applicable, the average front yard depth of buildings of the two lots adjoining a property; or the average front yard depth of buildings on the block frontage.
[c]
Minimum front yard setback, attached garages and carports: the front yard of the principal use or structure plus 10 feet.
[Amended 9-21-2010 by Ord. No. 2010-323]
(4) 
Corner lots. Corner lot front setbacks shall reflect the front setbacks of the other corner buildings at that intersection but in no case shall be less than the average front yard depth of building(s) in the commercial district where the property is located.
E.
Specific standards for the PMV District. In addition to the applicable City-wide design guidelines and standards in Article XIX, the following shall apply to the PMV District:
[Amended 9-19-2017 by Ord. No. 2017-299]
(1)
Buildings.
(a)
Building materials. Concrete block, glass block, and metal are permitted on any facade.
(2)
Windows and transparency. All new construction on building facades that are within 60 feet of a street right-of-way or a vehicle or pedestrianway internal to the Rochester Public Market shall provide areas of transparency equal to 40% of the wall area between the height of two feet and eight feet from the ground.
§ 120-77 H-V Harbortown Village District.
The HV Harbortown Village is a distinct neighborhood developing around the mouth of the Genesee River and the shore of Lake Ontario as a unique and lively water- and pedestrian-oriented area. The district regulations improve the harbor environment, promote public access, encourage tourism and preserve the waterfront environment. The development of facilities for fishing, boating, swimming, dining, picnicking, strolling and sightseeing is encouraged, while the Lake Avenue commercial corridor offers diverse activities that are tourist-related and serve the neighborhood. Dense residential development promotes diversity in housing types and a year-round population that will ensure the vitality of the village.
A.
Permitted uses and structures. The following uses are permitted as of right in the H-V Harbortown Village District:
(1)
Public boardwalks, paths, biking trails and outdoor seating/assembly areas.
(2)
Boating and fishing docks.
(3)
Marinas.
(4)
Water passenger transportation terminals.
(5)
Boating and sailing instruction schools.
(6)
Boat sales, rental and charter facilities.
(7)
The following uses are permitted as of right in the H-V Harbortown Village District if located 30 feet or more from the edge of the Genesee River, subject to site plan approval:
(a)
Single-family attached dwellings.
(b)
Live-work spaces.
(c)
Bars and restaurants not exceeding 2,500 square feet and excluding drive-through facilities.
[Amended 9-19-2012 by Ord. No. 2012-363[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection A(7)(d), listing bars, taverns and cocktail lounges, and redesignated former Subsection A(7)(e) and (f) as Subsection A(7)(d) and (e).
(d)
Private clubs not exceeding 2,500 square feet.
(e)
Office space not exceeding 2,500 square feet.
(f)
[2]Retail sales and services not exceeding 2,500 square feet; provided, however, that for retail sales and service establishments licensed by New York State as adult-use cannabis retail dispensaries, only if operated entirely within an enclosed building and during liquor store hours.
[Amended 9-19-2012 by Ord. No. 2012-363; 8-9-2016 by Ord. No. 2016-263; 11-3-2022 by Ord. No. 2022-322]
[2]
Editor’s Note: Former Subsection A(7)(f), Retail sales and services, specialty, added 9-19-2012 by Ord. No. 2012-363, was repealed 8-9-2016 by Ord. No. 2016-263, which ordinance also redesignated former Subsection A(7)(g) through (m) as Subsection A(7)(f) through (l), respectively.
(g)
Tourist information centers.
(h)
Museums and aquariums.
(i)
Hotels and motels.
(j)
Bed-and-breakfast establishments, subject to the additional requirements for specified uses in § 120-132.
(k)
Mixed uses when limited to residential and commercial uses as permitted under this section.
(l)
Other establishments relating to and supporting water-dependent activities.
(m)
Places of worship.
[Added 9-19-2017 by Ord. No. 2017-299]
(n)
Public entertainment, not including sexually oriented uses, subject to the additional requirements for public entertainment in § 120-137.
[Added 11-12-2019 by Ord. No. 2019-325]
(o)
Limited entertainment, not including sexually oriented uses.
[Added 11-12-2019 by Ord. No. 2019-325]
(p)
On-site cannabis consumption lounges not exceeding 2,500 square feet operated entirely within an enclosed building and during bar hours, but no later than 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
B.
Special permit uses. The following uses are allowed as special permit uses in the H-V District:
[Amended 9-19-2012 by Ord. No. 2012-363; 9-16-2015 by Ord. No. 2015-297; 8-9-2016 by Ord. No. 2016-263; 11-12-2019 by Ord. No. 2019-325]
(1)
The following uses when located within 30 feet of the edge of the Genesee River:
(a)
Museums and aquariums.
(b)
Private clubs.
(c)
Bars and restaurants, excluding drive-through facilities.
(d)
Tourist information centers.
(e)
Other establishments relating to and supporting water-dependent activities.
(f)
Public entertainment, not including sexually oriented uses, subject to the additional requirements for public entertainment in § 120-137.
(g)
Limited entertainment, not including sexually oriented uses.
(h)
On-site cannabis consumption lounges operated entirely within an enclosed building and during bar hours, but no later than 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
(2)
Single-family detached located no closer than 100 feet of the edge of the Genesee River.
(3)
Boat launches.
(4)
Community garages and parking lots.
(5)
Multifamily dwellings.
(6)
Outdoor entertainment.
(7)
Outdoor markets.
(8)
Parking areas, lots and garages.
(9)
Private and commercial recreation and amusement facilities.
(10)
Public and semipublic uses.
(11)
Vehicle service stations, subject to the additional requirements for specified uses in § 120-154.
(13)
On-site cannabis consumption lounges operating entirely within an enclosed building, permitted under § 120-77A(7)(p) or specially permitted under § 120-77B(1)(h), and operating during bar hours extending after 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
C.
Lot, area and yard requirements. The following lot, area and yard requirements shall apply to the H-V District:
(1)
Lot frontage requirements.
(2)
(3)
Yard requirements.
(a)
Residential uses.
[1]
Front yards.
[Amended 7-27-2004 by Ord. No. 2004-240]
[a]
Minimum front yard setback, principal use or structure: where applicable, the average front yard depth of buildings on the two lots adjoining a property; or the average front yard depth of buildings on the block on which the property is located; or 20 feet.
[b]
Maximum front yard setback, principal uses and structures: where applicable, the average front yard depth of buildings of the two lots adjoining a property; or the average front yard depth of buildings on the block frontage.
[c]
Minimum front yard setback, attached garages and carports: the front yard of the principal use or structure plus 10 feet.
[Amended 9-21-2010 by Ord. No. 2010-323]
(4) 
Corner lot. Corner lot front setbacks on both frontages shall be zero feet.
D.
E.
Specific standards for the H-V District. In addition to the applicable city-wide design guidelines and standards, the following shall apply to the H-V District:
(1)
Buildings. The proposed building, structure or use shall not unnecessarily interfere with the passage of boats nor unnecessarily obstruct public access to riverside parcels.
(a)
Design standards for residential buildings within 100 feet or visible from the Lake Avenue right-of-way.
[1]
Siding.
[a]
The original siding must be maintained and, when necessary, replaced in kind.
[b]
If a secondary form of exterior siding exists, such siding may be maintained and repaired until such time as more than 50% of the siding requires replacement. At such time, the original siding shall be restored or new material that matches the original exterior siding as closely as is physically practical shall be provided.
[2]
Windows.
[a]
All replacement windows in elevations visible from any public right-of-way shall match the original windows in size, type and mullion and/or muntin configuration.
[b]
Such replacement windows shall utilize true divided lights or simulated divided lights when matching the original mullion and/or muntin configuration.
(2)
Site.
(b)
Public access and waterfront views/vistas.
[1]
The proposed design and arrangement of the building, structure or use shall provide for pedestrian access to and along the waterfront and protect views of the waterfront to the maximum extent possible.
[2]
Site development within 30 feet of the waterfront, including the construction of buildings, structures or signage, shall not obstruct identified views or vistas of the waterfront as listed in the City of Rochester's Local Waterfront Revitalization Program (LWRP).
§ 120-77.1 C-V Collegetown Village District.
[Added 11-25-2008 by Ord. No. 2008-384; amended 6-16-2009 by Ord. No. 2009-179; 7-19-2011 by Ord. No. 2011-247; 2-21-2012 by Ord. No. 2012-70; 6-20-2017 by Ord. No. 2017-170; 11-3-2022 by Ord. No. 2022-322; 6-17-2025 by Ord. No. 2025-209]
The Collegetown Village is intended to promote and facilitate the transformation of the Mount Hope Avenue corridor, primarily between Elmwood Avenue and Crittenden Boulevard, from an area currently characterized by small-scale buildings set in expanses of surface parking to a dense mixed-use urban center. A development framework is proposed with established design criteria which will facilitate new construction and the continued provision of retail, goods and services to residents of the surrounding Upper Mt. Hope neighborhood and employees, visitors and students of the University of Rochester and the University Medical Center. The Collegetown Village shall be pedestrian-oriented and bicycle friendly with lively and vibrant street activity. Multimodal access will be encouraged. Shared parking and vehicular access will enhance the pedestrian experience and the intended "park once" environment.
The district shall be comprised of two areas.
(1) | Campus Center. The primary intent of the Campus Center is to regulate the physical form of buildings within this area to encourage the development of a dense vibrant, pedestrian-oriented, mixed-use area. |
(2) | Neighborhood Center. The primary intent of the Neighborhood Center is to regulate the physical form of new buildings within this area to ensure the continuity of development on both sides of Mt. Hope Avenue and to provide an appropriate transition to the adjacent residential neighborhoods. |
 |
A.
Permitted uses.
(1)
All uses are permitted in fully enclosed buildings in the C-V District between the hours of 6:00 a.m. and 2:00 a.m., or subject to the operating hours for particular uses specified below, unless specifically listed as specially permitted or prohibited uses in this article. In addition to any specific requirements listed below, uses shall be subject to the additional requirements for specified uses set forth in Article XVIII of this chapter and the requirements applying to all districts set forth in Article XX of this chapter. The permitted use hours for:
(2)
Drive-throughs subject to the following:
(a)
All drive-through components shall be located in the rear yard;
(b)
Hours of operation shall be limited to 5:00 a.m. to 11:00 p.m.;
(c)
Solid screening shall be provided when located adjacent to a residential use or district;
(d)
All ingress and egress shall be provided from a rear shared access drive.
B.
Special permit uses. The following uses are allowed as special permit uses in the C-V District:
(1)
Any use, other than a state-licensed adult-use cannabis retail dispensary, open to the public or requiring loading/unloading between the hours of 2:00 a.m. and 6:00 a.m., or, for on-site cannabis consumption lounges operating during bar hours extending after 11:00 p.m.
(2)
Accessory outdoor seating/assembly areas operating between the hours of 11:00 p.m. and 2:00 a.m.
(3)
Drive-throughs operating between the hours of 11:00 p.m. and 2:00 a.m.
(4)
Ancillary parking lots and garages, subject to the additional requirements for specified uses in § 120-131 and subject to the provision of a parking demand analysis containing the following:
(a)
The anticipated number of parking spaces needed to accommodate the proposed use.
(b)
Rationale supporting the necessity for the requested number of parking spaces.
(c)
Analysis of existing parking conditions.
(d)
The typical peak-to-daily demand of the proposed use.
(e)
Analysis of parking demand of comparable uses.
(f)
How the proposed parking will serve other uses in the vicinity.
C.
Prohibited uses. The following uses are prohibited in the C-V District:
D.
Site requirements.
(1)
Off-street parking and access. In addition to the requirements of § 120-173, the following shall apply:
(a)
Parking requirement: There are no minimum parking requirements within the C-V District.
(b)
Shared or connected access: A study shall be provided with all new development addressing the potential for and efforts to develop shared or connected access with adjoining properties. The proposed site design shall not limit the future potential for shared or connected access and parking between and among adjoining properties.
(c)
Minimizing access points on the street: Where vehicular access is available via a shared access drive from adjacent properties, no new vehicular ingress or egress shall be provided on Mt. Hope Avenue. Where substantiation is provided that shared access is not possible, each property, in the Neighborhood Center area only, shall be permitted a single lane for ingress/egress to and from Mt. Hope Avenue.
(d)
Parking placement: New surface and/or structured parking facilities shall be placed on their lots in accordance with the following:
 |
(2)
Pedestrian and bicycle access: The C-V District is intended to be a multimodal district, accommodating vehicular, pedestrian and bicycle traffic.
(a)
Pedestrian: pedestrian access throughout the site and to the right-of-way shall be provided either directly or through shared access in all new development or redevelopment proposals.
E.
Building requirements.
(1)
Building frontage types: The following building frontage types have been identified as appropriate in certain areas within the C-V District. Specific frontage types are permitted as set forth in § 120-77.1F.
(a)
Shopfront: A building frontage wherein the facade is aligned with the required build-to line and the building entrance is at sidewalk grade. This type is appropriate only for retail and commercial uses at grade level because the ground story is not raised. It has substantial glazing on the sidewalk level and may have an awning or canopy that extends far enough to provide adequate protection for pedestrians.
 |
(b)
Gallery: A frontage, similar to the shopfront type, wherein the facade is aligned with the required build-to line with an attached lightweight roof structure or balcony supported by columns. The gallery shall be no less than 10 feet wide and shall overlap the sidewalk to within two feet of the curb. This type is appropriate for retail and commercial uses at grade level.
 |
(c)
Arcade: A frontage, similar to the shopfront type, wherein a colonnade supporting usable space overlaps the sidewalk, while the facade at the sidewalk level remains aligned with the required build-to line. The arcade shall be no less than 12 feet wide and shall overlap the sidewalk to within two feet of the curb. This type is appropriate for retail and commercial uses at grade level.
 |
(d)
Common yard: A frontage wherein the required build-to line is set back from the sidewalk. The front yard created remains unfenced and is visually continuous, supporting a common landscape. The deep setback provides a buffer from high-speed thoroughfares and a transition to adjacent open space and residential neighborhoods with similar frontage conditions.
 |
(e)
Forecourt: A frontage wherein the main facade of the building is at or near the required build-to line and a small percentage is set back, creating a small court space. The space could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within commercial zones.
 |
(2)
Design standards. In addition to the applicable City-wide design guidelines and standards, the following shall apply to the C-V District:
(a)
Building facades shall have horizontal transitions. A horizontal transition is an architectural element, such as a cornice, balcony, gallery, arcade or change in material that creates a distinction between the first and second stories. Horizontal transitions are not required in common yard or forecourt frontage types.
(b)
Building facades shall have roof lines. A roof line is an architectural element, such as a cornice, parapet or change in material, which creates a distinction between the top of the building and the lower floors.
(c)
Building facades with a width of 150 feet or more shall have vertical divisions. Vertical divisions are architectural elements such as pilasters, changes in plane and the like that create distinct increments of the building mass while maintaining a single unified facade thereby avoiding large undifferentiated wall surfaces. Divisions that create distinct and separate facades shall have a door or entrance with public access on each separate facade.
(d)
Building facades higher than the first floor and visible from any street shall have areas of transparency equal to 20% but no more than 80% of the wall area on each story between the height of three feet and nine feet above the finished floor. Windows shall be square or vertical in orientation. Windows shall be recessed at least four inches from the plane of the building facade if the facade is of masonry, stucco or EIFS.
(e)
Doors or entrances providing public access shall be provided at intervals of no less than 100 feet unless otherwise approved in site plan review. Entrances shall remain unlocked during regular business hours. This requirement is not applicable to common yard or forecourt building frontage types.
(f)
In galleries and arcades as well as balconies and similar appurtenances, the distances between columns and piers shall not exceed their height.
(g)
Buildings located at the specified corners indicated in the building placement standards shall have a corner feature. A corner feature is an architectural element that tends to emphasize a building's relationship to a corner, including, but not limited to, chamfered corners, rounded corners, vertical elements, special roof forms or a plaza or other open space.
(i)
Buildings in the C-V District shall be built at the build-to-line (BTL). The build-to-line (BTL) is a line, generally close to and parallel to a thoroughfare, to which buildings must be constructed. It is intended to create a consistent line of buildings. Building element recesses from the BTL in order to allow for articulation of the facade shall be considered to be in compliance. Protuberances such as bay windows, balconies, canopies, marquees, awnings and signage may be constructed in front of the BTL.
F.
Specific standards for the C-V District areas.
(1)
Campus Center standards.
(a)
Building frontage types: All aforementioned building frontage types are permitted in the Campus Center subject to the following:
[1]
The shopfront building frontage is permitted to front on Mt. Hope Avenue, the new private street being proposed in Campus Center, Elmwood Avenue (as part of a building fronting on Mt. Hope Avenue) and Crittenden Boulevard (as part of a building fronting on Mt. Hope Avenue).
[2]
The gallery frontage type is permitted to front on the new private street being proposed in Campus Center.
[3]
The arcade frontage type is permitted to front on the new private street being proposed in Campus Center.
[4]
The common yard frontage type is permitted to front on Elmwood Avenue, Crittenden Boulevard and the new private street being proposed in Campus Center.
[5]
The forecourt frontage type is permitted to front on Elmwood Avenue, Crittenden Boulevard, and the new private street being proposed in Campus Center, but forecourt frontage type buildings shall not be closer than 500 feet to each other.
(b)
Building placement: New buildings shall be placed on their lots in accordance with the following:
 |
Building Placement - Campus Center Build-To Line (distance from front property line) | ||
|---|---|---|
A | Mt. Hope Avenue | 0 feet to 5 feet |
Elmwood Avenue | 20 feet | |
Crittenden Boulevard | 20 feet | |
New private street in Campus Center | At back edge of sidewalk | |
Setback (distance from property line) | ||
B | Side | 0 feet |
C | Rear | 0 feet |
Building Form | ||
D | Primary street facade built to BTL | 80% minimum |
E | Corner feature | 75-foot maximum at Elmwood Avenue and Crittenden Boulevard 50-foot maximum at the proposed street |
(c)
Building height and bulk: New buildings shall conform to the minimum and maximum heights and other requirements as shown below:
 |
Height - Campus Center | ||
|---|---|---|
F | Building minimum | 2 stories |
G | Maximum to Stepback | 4 stories (except at corner feature) |
H | Building maximum | 15 stories |
I | Stepback minimum | 30 feet |
J | Finish ground floor level | 6 inches maximum above sidewalk |
K | First floor ceiling height | 12-foot minimum clearance |
L | Upper floor(s) ceiling height | 8-foot minimum clearance |
M | Arcade maximum height | 3 stories |
(2)
Neighborhood Center standards.
(a)
Building frontage type:
[1]
South of Elmwood Avenue: The shopfront building frontage type, as described above, is permitted to front on Mt. Hope Avenue, Elmwood Avenue (as part of a building fronting on Mt. Hope Avenue) and Fort Hill Terrace (as part of a building fronting on Mt. Hope Avenue) and Crittenden Boulevard (as part of a building fronting on Mt. Hope Avenue).
[2]
North of Elmwood Avenue: The shopfront building, forecourt, and common yard frontage types, as described above, are permitted.
(b)
Building placement: New buildings shall be placed on their lots in accordance with the following:
 |
Building Placement - Neighborhood Center Build-To Line (distance from front property line) | ||
|---|---|---|
A | Mt. Hope Avenue | Bartholomew line |
Cook Street | 0 feet to 5 feet | |
Elmwood Avenue | 0 feet to 5 feet | |
Fort Hill Terrace | 0 feet to 5 feet | |
Crittenden Boulevard | 0 feet to 5 feet | |
East Henrietta Road | 0 feet to 5 feet | |
Raleigh Street | 0 feet to 5 feet | |
Rossiter Road | 0 feet to 5 feet | |
Rosemount Street | 0 feet to 5 feet | |
Setback (distance from property line) | ||
B | Side | 0 feet |
C | Rear | 20 feet |
Building Form | ||
D | Primary street facade built to BTL | 80% minimum |
E | Corner feature | 50 feet maximum at Elmwood Avenue, Crittenden Boulevard, Fort Hill Terrace and East Henrietta Road 50 feet maximum opposite new private street |
(c)
Building height and bulk: New buildings shall conform to the minimum and maximum heights and other requirements as shown below:
 |
Height - Neighborhood Center | ||
|---|---|---|
F | Building minimum | 24 feet |
G | Building maximum | 4 stories |
H | Finish ground floor level | 6 inches maximum above sidewalk |
I | First floor ceiling height | 12-foot minimum clearance |
J | Upper floor(s) ceiling height | 8-foot minimum clearance |
G.
Signage. Signage in the C-V District shall be regulated by the provisions for signs in the C-2 District set forth in § 120-177D of the chapter except for the following: an alternative sign program which is defined as an imaginative, effective, visually compatible plan for all signs on a property or a number of properties which may be submitted by a property owner(s) containing provisions different from the requirements in § 120-177, Subsections D through F, listed in this chapter. The intent of this provision is to allow for creative responses to site-specific conditions or uses and may be approved by the Director of Zoning and Permitting through the site plan review process upon referral to the Project Review Committee. The applicant(s) shall submit graphic and written information indicating why the signage does not comply with existing sign regulations in using the alternative sign program. In no case shall the regulations of this chapter pertaining to advertising signs be altered or changed through the use of the alternative sign program.
H.
Review and approval process.
(1)
Construction of any new building or addition in the C-V District that does not comply with City-wide design standards, the C-V design standards or requirements relating to building placement or the construction of a drive-through shall be categorized as a major site plan and subject to the requirements set forth in § 120-191 of this chapter. The Director of Zoning and Permitting may waive the requirements of the C-V District through the site plan approval process upon a determination that a project is in substantial compliance with the overall intent and purpose of the Collegetown District except for the following:
Building and parking placement; |
Height; |
First floor transparency that deviates more than 20% from the first floor transparency; and |
Drive-through use requirements and other use limitations. |
(2)
The City Planning Commission may waive all the requirements of the C-V District relative to special permit uses upon a determination that a project is in substantial compliance with the overall intent and purpose of the Collegetown District.
§ 120-77.2 M-D Marina District.
[Added 5-22-2012 by Ord. No. 2012-198]
 |
Purpose. This section provides regulatory standards governing building form, land use and new public open spaces within the Marina District (M-D). This district was created in response to the opportunities for major improvements to the Port of Rochester area that will be made possible by the construction of a new marina, the extension of River Street and the reconfiguration and reconstruction of other existing streets and blocks. The Marina District will be the next chapter in Charlotte's history as a lakeshore resort community. The ultimate goal of the Marina District code is to foster the creation of a district that will attract visitors because it is distinctive and memorable and will endure because it is valued by residents and visitors alike. This section incorporates a form-based code intended to govern the development of Parcels I and II and the Terminal Building site, which have been designated for private development. In the Marina District, the primary emphasis is placed upon the physical form of buildings, civic spaces and placemaking. While land uses are regulated, they are a secondary focus within this district. The Marina District is intended to be independent of any conflicting provisions of the Zoning Code. Any provision of the Zoning Code that conflicts with any provision of this section is not applicable within the Marina District. The principal components of the code are described herein: |
§ 120-77.2A Regulating plan.
The Regulating Plan is the key to the Marina District form-based code. It indicates the building types and frontage types permitted for each parcel and provides other specific information necessary to create the physical form and character desired for the Marina District.
§ 120-77.2B Building envelope standards.
The building envelope standards establish the minimum and maximum three-dimensional spatial envelope within which a building may be constructed, as well as requirements for a limited number of permitted or required building elements, such as storefronts and windows. There are general provisions applicable to all buildings as well as specific standards for each frontage type and building type. The intent of the building envelope standards is to shape public space through placement and envelope controls on buildings that frame public rights-of-way and open spaces. The building envelope standards also provide for uses that are permitted on ground stories and in upper stories correlated to each building type and frontage type.
§ 120-77.2C Building function (use) standards.
The building function standards establish categories of uses that are permitted anywhere within the Marina District, categories that are specially permitted and categories that are prohibited.
§ 120-77.2D Civic square standards.
The civic square standards establish the basic parameters governing the required civic square on Parcel I.
§ 120-77.2E Parking and loading standards.
The parking and loading standards establish the basic parameters governing the placement of and access to parking facilities. The standards include requirements for permanent parking created in conjunction with new buildings, interim surface parking on undeveloped portions of Parcels I and II and bicycle parking.
§ 120-77.2F Architectural standards and guidelines.
The architectural standards are intended to provide a minimal level of quality and to promote a coherent character throughout the Marina District. The architectural standards govern each building's elements, regardless of building or frontage type, and set parameters for acceptable materials, configurations and techniques.
§ 120-77.2G Review and approval process.
The review and approval process includes procedures for the approval of proposed developments that are not fully compliant with the requirements of the Marina District form-based code. All proposed developments that are fully compliant will be approved administratively.
§ 120-77.2H Definitions.
[Amended 6-20-2017 by Ord. No. 2017-170; 9-19-2017 by Ord. No. 2017-299; 11-3-2022 by Ord. No. 2022-322; 6-17-2025 by Ord. No. 2025-209]
Words and/or terms used in this section that are not defined in § 120-208 or have a different definition than that shown in § 120-208 are included in this section. Such words and/or terms will appear in the text of § 120-77.2 in a small capitals format.[1]
A.
Regulating Plan.
 |
 |
B.
Building envelope standards. Intent. The primary intent of the building envelope standards is to define and shape street and civic spaces in order to create a vital and coherent public realm. The interface of private building frontages with public thoroughfares and civic spaces shapes the public realm and is the principal focus of the building envelope standards.
(1)
General provisions. The following provisions are applicable to the building envelope standards for each frontage type and building type unless otherwise indicated within the standards for each type:
(a)
Adjacencies.
[1]
Side by side. Where the Regulating Plan indicates abutting building types and the boundary line is perpendicular to the required build-to line (RBL), the boundary between each building type may be located between 50 feet and 100 feet from the block corner. No side yard is required, and buildings may abut each other with no break in the continuity of the building facades.
(a)-1 Side by side.tif.png "_120-77.2B(1)(a)-1 Side by side.tif") |
[2]
Back to back. Where the Regulating Plan indicates abutting building types and the boundary line is parallel to and does not intersect with the RBL, the boundary between each building type may be located between 50 and 125 feet from the RBL on either side. Rear yards shall be provided on either or both sides of the building type boundary such that the minimum distance between rear building walls is 50 feet. This requirement is not applicable where there is structured parking or other nonhabitable space located behind the parking setback line but is applicable to portions of the building located above such a structure.
(a)-2 Back to Back.tif.png "_120-77.2B(1)(a)-2 Back to Back.tif") |
(b)
Height measurement.
[1]
The height of all buildings is measured in stories unless otherwise indicated in the building envelope standards for each building type;
[2]
An attic story is not included in the height measurement and may be added to the maximum height of a building, unless otherwise indicated in the building envelope standards for each building type;
[3]
Mezzanines with an area greater than 1/3 of the floor area of the story in which they are located shall be counted as a full story in the height measurement.
(c)
Siting. (Provisions of this section are applicable to Parcels I and II only. See § 120-77.2B(3)(d)[3] for the siting requirements for the Terminal Building.)
[1]
The building facade shall be built to the required build-to line (RBL) within 30 feet of a block corner or a chamfered or rounded corner;
(c)-1 Block Corner.tif.png "_120-77.2B(1)(c)-1 Block Corner.tif") |
[2]
Blank lengths of wall exceeding 20 linear feet are prohibited on all RBLs;
[3]
A street wall not less than six feet nor more than 12 feet in height shall be required along any RBL that is not occupied by a building facade. The street wall shall be located no more than 24 inches behind the RBL;
[4]
The parking setback line is located 30 feet behind the RBL and extends vertically as a plane. In permanent parking facilities, vehicle parking shall be located behind the parking setback line except where provided completely below grade;
[5]
Corner lots and through lots shall comply with the RBL requirements for their full frontages on all streets and the required civic square unless otherwise specified.
(d)
Exceptions to the required build-to line (RBL). (Provisions of this section are applicable to Parcels I and II only. See § 120-77.2B(3)(d)[3] for comparable requirements for the Terminal Building.)
[1]
The building facade may include variations that project or recess from the RBL up to 24 inches;
[2]
Storefront assemblies (doors, display windows, bulkheads and associated framing) may be recessed behind or project beyond the RBL by up to 24 inches, and storefront entrances may be recessed from the storefront assembly;
[3]
Within 20 feet of the block corner, the ground story facade may be chamfered to form a corner entry;
(d)-3 Chamfered Corner.tif.png "_120-77.2B(1)(d)-3 Chamfered Corner.tif") |
[4]
Within 20 feet of the block corner, the ground story facade may be curved to form a rounded corner;
(d)-4 Rounded Corner.tif.png "_120-77.2B(1)(d)-4 Rounded Corner.tif") |
[5]
Entry forecourts may be created by recessing the facade for a portion of the RBL. A forecourt shall be at least 10 feet by 10 feet. A fence or wall no higher than three feet, with a pedestrian opening, may be provided to define the space of the court. Only one forecourt per parcel is permitted to front on any street or the required civic square except in Parcel I, one forecourt per street or civic square is permitted north of the civic square and south of the civic square. Forecourts shall be located at least 50 feet from the block corner or a chamfered or rounded corner;
(d)-5 Forecourt.tif.png "_120-77.2B(1)(d)-5 Forecourt.tif") |
[6]
Upper stories may be set back from the RBL. Except where there are porches and/or balconies at the block corner, upper-story setbacks shall be located at least 50 feet from the block corner or chamfered or rounded corner;
[7]
Ground stories along noncommercial frontages may be set back from the RBL as needed to accommodate porches and/or stoops;
[8]
Where the RBL follows the curvature of a street, the building facade may be located anywhere within the area formed by straight extensions of the RBL from each end of the curve. All other exceptions to the RBL may be utilized in this portion of the building facade;
(d)-8 Curvature.tif.png "_120-77.2B(1)(d)-8 Curvature.tif") |
[9]
Projecting facade elements in compliance with § 120-77.2F(6).
(2)
Frontage types. The frontage types describe the ground-story condition and may be paired with any building type. Either frontage type may be located anywhere within the Marina District except that only the commercial frontage type is permitted where mandatory commercial frontage is designated on the Regulating Plan.
(a)
Commercial. Commercial frontages are specifically designed to be suitable for retail, restaurant, service and similar uses that encourage a substantial amount of pedestrian interaction with the public thoroughfare. They are characterized by substantial storefront windows with closely spaced entrances from the street. They may have projecting facade elements over the sidewalk such as awnings, canopies or galleries.
[1]
Ground story floor elevation: maximum 18 inches above the average sidewalk elevation at the required build-to line (RBL) or the required frontage zone (RFZ); where sidewalks are sloped, elevation may exceed 18 inches but may not exceed three feet above the sidewalk;
[2]
Minimum ground story height: 12 feet clear (floor to ceiling) contiguous to the RBL or RFZ frontage for a minimum depth of 15 feet;
[3]
Fenestration. The primary ground story facade shall have areas of transparency equal to at least 50% but no more than 90% of the facade area of the ground story. Storefront bulkheads shall have a maximum height of 30 inches above finished floor;
(a)-3 Commercial Frontage.tif.png "_120-77.2B(2)(a)-3 Commercial Frontage.tif") |
[4]
Maximum distance between entrances. Doors or entrances with public access to ground story spaces shall be provided at intervals of not less than 75 feet. Entrances shall remain unlocked and available for public use during regular business hours;
[5]
Sidewalk. The space between the public right-of-way boundary and the RBL shall be paved so as to become an extension of the public sidewalk. Paving materials shall match or complement the sidewalk. Asphalt and gravel paving are not permitted;
[6]
Use. Residential uses, including lodging, are not permitted on the ground story except for lobbies and associated common spaces.
(b)
Noncommercial. Noncommercial frontages are suitable for residential, lodging, office and other uses that do not depend on a substantial amount of pedestrian interaction with the public thoroughfare. They are characterized by smaller windows and are elevated above the sidewalk level in order to reduce views into the interior spaces from the sidewalk. Entrances may be spaced farther apart.
[1]
Ground story floor elevation (where there are residential uses, including lodging): minimum three feet above the average sidewalk elevation at the required build-to line (RBL) or the required frontage zone (RFZ); where sidewalks are sloped, elevation may be minimum two feet and maximum six feet above the sidewalk;
(b)-1 Non-Commercial Frontage.tif.png "_120-77.2B(2)(b)-1 Non-Commercial Frontage.tif") |
[2]
Ground story floor elevation (where there are nonresidential uses): maximum 18 inches above the average sidewalk elevation at the RBL or RFZ; where sidewalks are sloped, elevation may exceed 18 inches but may not exceed three feet above the sidewalk;
[3]
Minimum ground story height. The ground story shall have at least nine feet of clear interior height (floor to ceiling);
[4]
Fenestration. The primary ground story facade shall have areas of transparency equal to at least 25% but no more than 50% of the total facade area of the ground story, with each facade area calculated independently;
[5]
Sidewalk. The space between the public right-of-way boundary and the RBL may be paved so as to become an extension of the public sidewalk or may be landscaped so as to become a buffer between the building and the street. Paving materials shall match or complement the sidewalk. Asphalt and gravel paving are not permitted;
[6]
Use. Although this frontage type is best suited to residential or low-intensity noncommercial uses, any use allowed within the Marina District is permitted.
(3)
Building types. The Regulating Plan indicates permitted locations for each building type. For each building type there is a set of building envelope standards that are intended to achieve the desired built form and pedestrian orientation of the Marina District.
(a)
Type A, Low-Rise Block.
(a) Type A Low Rise Block1.tif.png "_120-77.2B(3)(a) Type A Low Rise Block1.tif") |
This building type is limited in height in order to preserve views of the harbor from the Lighthouse Trail and views of the lighthouse from the marina area. This building type may include attached single-family dwellings (townhouses) or other small-scale buildings and may have commercial or noncommercial frontages. This building type is permitted on Parcel II. |
(a) Type A Low Rise Block2.tif.png "_120-77.2B(3)(a) Type A Low Rise Block2.tif") |
[1]
Siting. Building facades fronting on Corrigan Street shall be built to the required build-to line (RBL) for at least 50% of the RBL length along that block. Building facades fronting on North River Street shall be built to the RBL for at least 85% of the RBL length along that block. Exceptions to the RBL in compliance with § 120-77.2B(1)(d) are included within the minimum facade length;
 |
[2]
Building height: minimum one story, 18 feet from average sidewalk elevation to eave or top of cornice or parapet; maximum two stories, one additional story is permitted within the northernmost 50% of the area designated on the Regulating Plan for this building type;
 |
[3]
Upper-story fenestration. Primary facades and facades visible from any street or open space shall have areas of transparency equal to at least 25% but no more than 50% of the total facade area, with each facade area calculated independently;
[4]
Use. Nonresidential uses are prohibited above residential uses.
(b)
Type B, Mid-Rise Block.
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The Mid-Rise Block is the basic background building that forms most of the fabric in neighborhood, town and village centers across the United States. The primary form is that of a two- or more story building placed directly adjacent to or in very close proximity to the sidewalk. Mid-rise block buildings may or may not have commercial frontage on the ground story. Mid-rise block buildings typically house a wide range of uses and can be adapted to change their functions over time. Such buildings may be devoted to a single use or may have multiple uses. This range of uses will contribute to the vitality that is desired for the Marina District. This building type is permitted on Parcels I and II. |
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[1]
Siting. Building facades fronting on Portside Drive and Corrigan Street shall be built to the required build-to line (RBL) for at least 50% of the RBL length along those blocks. Building facades fronting on Lake Avenue, North River Street and the required civic square shall be built to the RBL for at least 100% of the RBL length along those blocks. Exceptions to the RBL in compliance with § 120-77.2B(1)(d) are included within the minimum facade length;
 |
[2]
Building height: minimum two stories; two-story buildings shall have a minimum clear height from the ground story floor to the second story ceiling of 30 feet; maximum four stories at Lake Avenue, five stories at North River Street; up to two additional stories permitted at block corners or center of building mass up to 25% of building footprint;
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[3]
Upper-story fenestration. Primary facades and facades visible from any street or open space shall have areas of transparency equal to at least 25% but no more than 50% of the total facade area, with each facade area calculated independently;
[4]
Use. Nonresidential uses are prohibited above residential uses, except in buildings exceeding three stories in height, recreational facilities associated with the residential use may be located on the uppermost story.
(c)
Type C, Tower Block.
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This building type allows taller buildings to be constructed above a "podium" or base. The podium is similar to the mid-rise block, with the same relation to the street. The tower above is required to be stepped back from the facade of the podium to maintain the scale of the buildings along the required build-to line (RBL), increase the amount of sunlight reaching the sidewalk and minimize the apparent bulk of the tower from the street. This building type is permitted on Parcel I. |
[1]
Podium siting. Podium facades fronting on Portside Drive and Corrigan Street shall be built to the RBL for at least 50% of the RBL length along those blocks. Podium facades fronting on Lake Avenue, North River Street and the required civic square shall be built to the RBL for at least 100% of the RBL length along those blocks. Exceptions to the RBL in compliance with § 120-77.2B(1)(d) are included within the minimum facade length;
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[2]
Tower siting. One or more towers may be constructed above a podium, provided that they comply with the following:
[a]
Towers shall be stepped back at least 30 feet from the RBL above the maximum height of the podium;
[b]
Tower facades shall be substantially parallel to the RBL;
[c]
The aggregate building footprint of the towers above the maximum height of the podium shall not exceed 40% of the building footprint of the podium;
[d]
Where there is more than one tower or where there is a U- or H-shaped tower building footprint, the minimum distance between parallel building walls shall be 75 feet;
[e]
The top two stories (not including stories contained within a pitched roof) shall employ stepbacks, roof forms such as spires, cupolas or belvederes or other configurations or techniques to create a distinctive roof profile.
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[3]
Building height:
[a]
Podium: minimum two stories; two-story podiums shall have a minimum clear height from the ground story floor to the second story ceiling of 30 feet; maximum four stories at Lake Avenue, five stories at North River Street;
[b]
Overall building height: maximum 12 stories at Lake Avenue, 13 stories at North River Street; up to two additional attic stories permitted in a tower if contained within a single pitched roof with dormers.
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[4]
Upper-story fenestration. Primary facades and facades visible from any street or open space shall have areas of transparency equal to at least 25% but no more than 50% of the total facade area, with each facade area calculated independently;
[5]
Use. Nonresidential uses are prohibited above residential uses, except that recreational facilities associated with the residential use and/or restaurants may be located on the top two stories, the uppermost story or the first story above the podium and may utilize outdoor space above the podium. Bars, cocktail lounges and taverns as defined in § 120-208 and nightclubs as defined in Section 202 of the Existing Building Code of New York State are prohibited from these locations.
(d)
Existing buildings. The Terminal Building is the only existing building of significance within the Marina District. This section governs demolition, exterior alterations and additions to this structure.
[1]
Demolition. Demolition of any portion of the Terminal Building except additions south of the original south building wall shall be prohibited;
[2]
Exterior alterations. Significant architectural features, including but not limited to original exterior wall finishes, the second story open veranda, the clock tower, decorative cornices, windows, doors, trim around openings, railings, storefronts and any significant decorative features, shall be maintained;
[3]
Addition siting. An addition may be constructed within the area indicated on the Regulating Plan. The building facade of the first two stories shall occur entirely within the required frontage zone (RFZ) indicated on the Regulating Plan, with the following exceptions permitted:
[a]
The building facade may include variations that project beyond the outside boundary of the RFZ up to 24 inches;
[b]
Storefront assemblies (doors, display windows, bulkheads and associated framing) may project beyond the outside boundary of the RFZ by up to 24 inches;
[c]
Awnings, canopies and galleries may project beyond the outside boundary of the RFZ;
[4]
Addition parking setback line. The parking setback line shall be located 30 feet behind the building facade wall of any addition;
[5]
Addition height: maximum two stories for primary addition; 75% of building footprint may be up to one additional story, provided that this portion of the building occurs within the 85% of the building footprint farthest from the existing Terminal Building;
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[6]
Upper-story fenestration. Primary facades and facades visible from any street or open space shall have areas of transparency equal to at least 25% but no more than 50% of the total facade area, with each facade area calculated independently;
[7]
The architectural standards in § 120-77.2F are not applicable to the Terminal Building. The Director of Zoning and Permitting shall refer all proposed exterior alterations and/or additions to the Project Review Committee for recommendations and shall approve or disapprove the proposals based on those recommendations.
C.
Building function (use) standards. Intent. This section establishes permitted, specially permitted and prohibited uses within the Marina District. In order to maximize the liveliness, vitality and pedestrian character of the district, most uses are permitted as of right. Uses that are detrimental to the pedestrian character of the district are generally prohibited. The building envelope standards contain additional requirements pertaining to mixed uses within buildings.
(1)
Permitted uses. All uses are permitted in fully enclosed buildings in the Marina District unless listed as specially permitted or prohibited uses in this section. In addition to any specific requirements listed below, uses shall be subject to the additional requirements for the specified uses set forth in Article XVIII of this chapter.
(2)
Permitted outdoor uses.
 Permitted Outdoor Uses.tif.png "_120-77.2C(2) Permitted Outdoor Uses.tif") |
(a)
Accessory outdoor seating areas without background music or entertainment, but not accessory to retail sales and service establishments licensed by New York State as adult-use cannabis retail dispensaries or as on-site cannabis consumption lounges;
(b)
Accessory display of merchandise during business hours, but not accessory to retail sales and service establishments licensed by New York State as adult-use cannabis retail dispensaries or as on-site cannabis consumption lounges;
(c)
Walk-up service windows, but not for retail sales and service establishments licensed by New York State as adult-use cannabis retail dispensaries or as on-site cannabis consumption lounges;
(d)
Permanent parking constructed in accordance with § 120-77.2E(1).
(3)
Specially permitted uses. The following uses are allowed as special permit uses in the Marina District:
(a)
Outdoor entertainment;
(b)
Interim parking constructed in conformance with §§ 120-77.2E(2) and 120-173F. Special permits for interim parking shall be subject to renewal every five years. Each renewal application shall be subject to a marketability analysis demonstrating that the site cannot be developed based on the following standards:
[1]
The site is not marketable for development in accordance with the intent of the Marina District as demonstrated by at least one of the following factors:
[2]
Standards indicating the type of information required to document conformance with each of the aforementioned standards shall be as adopted from time to time by the Planning Commission.
(c)
On-site cannabis consumption lounges in fully enclosed buildings operating during bar hours after 11:00 p.m.
(4)
Prohibited uses. The following uses are prohibited in the Marina District:
(a)
Homeless shelters;
(b)
Rooming houses;
(c)
Sexually oriented businesses;
(d)
Uses not in a fully enclosed building or not permitted by § 120-77.2C(2);
(e)
Any use that would meet the definition of a manufacturing use as per § 120-208 of the Zoning Code;
(f)
Drive-throughs;
(g)
Vehicle-related uses, including car washes, vehicle service stations, vehicle sales, vehicle repair, including commercial vehicle repair, and vehicle rental services, except vehicle rental or sharing services in which vehicles are stored in permanent parking facilities constructed in accordance with § 120-77.2E(1), vehicle service takes place outside the Marina District and offices are located in a fully enclosed building;
(h)
Funeral homes;
(i)
Warehouses;
(j)
Recycling centers.
(5)
Operating hours.
(a)
The operating hours of retail sales and service establishments licensed by New York State as adult-use cannabis retail dispensaries shall be restricted to liquor store hours.
(b)
The operating hours of on-site cannabis consumption lounges shall be restricted to bar hours and no later than 11:00 p.m., unless extended in accordance with a special permit.
D.
Civic square standards.
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Intent. These standards are applicable to the required civic square indicated on the Regulating Plan on Parcel I. The square will be the principal pedestrian connection between Lake Avenue and River Street and the marina. It will be an active pedestrian center and a major focal point within the Marina District. In order to facilitate pedestrian activity, most of the square will have paved surfaces. The use of pervious paving materials to allow oxygen for tree roots and to absorb stormwater runoff is encouraged. |
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(1)
Location and dimensions. The civic square shall extend from the Lake Avenue public right-of-way to the River Street public right-of-way as shown on the Regulating Plan subject to the following requirements:
(2)
Pavements. At least 65% of the surface area of the civic square shall be paved. Any type of unit pavers or concrete pavement, excluding stamped concrete, is permitted. Asphalt paving, excluding hexagonal asphalt pavers, is prohibited.
(3)
Trees. The use of trees to shade portions of the civic square is encouraged. Trees shall be of deciduous species.
(4)
Clear views. To maximize views, and to ensure public safety, there shall be a clear view zone between two feet and eight feet above grade. Tree trunks, streetlights, kiosks, fountains, public art or monuments are permitted to be within the clear view zone. The foliage of newly planted trees may be within the clear view zone until the tree has sufficient growth to allow the removal of branches below eight feet.
(5)
Slope. The civic square shall be designed in compliance with the most current ADA Standards for Accessible Design.
E.
Parking and loading standards. Intent. This section establishes standards for the placement of and access to permanent vehicular parking facilities associated with buildings and interim vehicular parking that may be located on Parcels I and II until those parcels are developed. It also establishes standards for short- and long-term bicycle parking and loading areas.
(1)
Permanent parking facilities.
(a)
All parking provided for users of a particular building shall be provided on the site of that building.
(b)
Permanent parking facilities, except for those that are completely below grade, shall be located no closer to the public right-of-way than the required parking setback line indicated on the Regulating Plan.
(c)
A maximum of one ingress and one egress lane to permanent parking facilities is permitted within each allowable area designated on the Regulating Plan. Ingress/egress driveways shall be located at least 50 feet from block corners. Combined in/out driveways shall have a maximum width of 22 feet. Separate in and out driveways shall have a maximum width of 11 feet each.
(d)
Openings in any building facade for parking garage entries shall have a maximum clear height no greater than 12 feet and a clear width no greater than 12 feet for single-width openings or 24 feet for double-width openings;
(e)
The height of parking structures shall not exceed the height of adjacent liner buildings constructed between the parking facility and the required build-to line. There is no minimum height for parking structures.
(g)
A minimum of 15% of parking spaces provided for building residents shall be provided with facilities capable of recharging the batteries of electric and plug-in hybrid vehicles. All parking spaces provided for residents shall be capable of having recharging facilities added in the future.
(2)
Interim parking facilities.
(a)
Paved parking facilities may be specially permitted to be temporarily located on undeveloped portions of Parcels I and II until such time as these parcels are developed. Interim parking facilities shall be constructed in accordance with this section and with § 120-173F. Such parking facilities shall be available for public use.
(b)
Interim parking facilities shall be set back at least 15 feet from the public right-of-way.
(c)
Ingress and egress to interim parking facilities shall be located within the allowable areas designated on the Regulating Plan where possible. Where the allowable access areas are not available, ingress and egress locations shall be approved by the Director of Zoning and Permitting. Combined in/out driveways shall have a maximum width of 22 feet. Separate in and out driveways shall have a maximum width of 11 feet each.
(e)
The parking setback area shall be provided with minimal landscape treatment such as grasses or ground cover. Mulch is not an acceptable landscape treatment except when used to protect plantings. Trees are not required in the parking setback.
(3)
Bicycle parking.
(a)
The Marina District is located at the northern terminus of the Genesee River trail system. This location and the need to provide for and encourage nonmotorized transportation make the provision of facilities for bicyclists a high priority. A significant amount of bicycle parking will be provided within public rights-of-way. This section sets forth minimum requirements for short-term and long-term bicycle parking on private development parcels.
(b)
Short-term bicycle parking shall be provided in the required civic square and on the grounds of the Terminal Building. Short-term bicycle parking may be provided in interim parking facilities constructed in accordance with § 120-77.2E(2) and in other exterior locations in Parcels I and II. Short-term bicycle parking facilities shall comply with the following:
[1]
Each bicycle parking space shall be accessible without moving another bicycle, and its placement shall not result in a bicycle obstructing a required walkway;
[2]
Bicycle racks may be installed in the public right-of-way subject to the approval of the Department of Environmental Services;
[3]
Each bicycle parking space shall permit the locking of the bicycle frame and one wheel to the rack and shall support the bicycle in a stable position without damage to the wheels, frame or components;
[4]
A minimum of 10 spaces shall be provided in the required civic square;
[5]
A minimum of two spaces plus one additional space for each 5,000 square feet of retail space, 10,000 square feet of assembly space or 15,000 square feet of office space shall be provided on the Terminal Building grounds in conjunction with any new development outside of the existing terminal building.
(c)
Long-term bicycle parking facilities for residents in buildings with residential dwelling units shall be provided in compliance with the following:
[1]
Facilities shall be enclosed, secure and protected from the weather;
[2]
Facilities shall be located on the ground story, between the required build-to line (RBL) or required frontage zone (RFZ) and the parking setback line or behind the parking setback line, and have direct access to a public right-of-way;
[3]
Facilities shall be internally connected to the residential dwelling units;
[4]
Each bicycle parking space shall be accessible without moving another bicycle, and its placement shall not result in a bicycle obstructing a required walkway;
[5]
Each bicycle parking space shall permit the locking of the bicycle frame and one wheel to the rack and shall support the bicycle in a stable position without damage to the wheels, frame or components;
[6]
A minimum of one space for every five bedrooms shall be provided.
(4)
Loading facilities.
(a)
Access to loading areas, including dumpsters, shall be located within the allowable areas designated on the Regulating Plan. Except when located within a fully enclosed building, loading docks and dumpsters shall be located no closer to the public right-of-way than the required parking setback line indicated on the Regulating Plan. All loading docks and dumpsters shall be set back a sufficient distance from the public right-of-way to allow service vehicles to park entirely behind the required build-to line.
(b)
Driveways shall have a maximum width of 12 feet.
F.
Architectural standards and guidelines. Intent. This section establishes standards and guidelines for new construction within the Marina District to ensure that new development establishes a minimum level of architectural quality and positively contributes to the public realm. No particular architectural style is mandated or prohibited; rather the architectural standards and guidelines are intended to promote harmony and help the district coalesce into a unified place. This section includes both mandatory standards and advisory guidelines. The advisory guidelines are intended to provide insight into some of the desired characteristics of the district, while the standards set the minimum requirements for architectural quality. The mandatory standards are applicable to building elements that are clearly visible from the street or any civic space. This includes all public streets and civic spaces within the Marina District and adjoining the Marina District but does not include parking areas located in accordance with § 120-77.2E. Advisory guidelines are printed in italics. Mandatory standards are printed in normal font. The architectural standards and guidelines are organized as follows:
(1) | Context and architectural character. | |
(2) | Composition and articulation. | |
(3) | Building facade walls. | |
(4) | Wall openings. | |
(5) | Roofs. | |
(6) | Projecting facade elements. | |
(7) | Signage. |
(1)
Context and architectural character.
 Context and Arch Char1.tif.png "_120-77.2F(1) Context and Arch Char1.tif") |
Where there is little context to relate to, the proper response is to create a new and worthy context. To achieve this goal, new buildings should establish an architectural character and pattern from which future development can take its cues. The creation of a unified, harmonious district is more important than the individual building. To this end, an "architecture of place" is preferred over an "architecture of our time." Charlotte's past as a resort community included fantastical amusement park structures and hotels, which helped make Charlotte a distinctive and memorable place. Charlotte's lost historic buildings are part of a living tradition, which included buildings that spanned the vernacular to classical spectrum, from simple wood frame structures to elaborate masonry and stucco buildings rendered in exotic architectural styles. The standards and guidelines that follow are largely based upon principles that underlie this living tradition. The intent is not to replicate historic buildings but to encourage a range of architectural expressions that will once again establish Charlotte and the Marina District as a distinctive and memorable place. |
 Context and Arch Char2.tif.png "_120-77.2F(1) Context and Arch Char2.tif") |
(2)
Composition and articulation. It is likely that most of the buildings in the Marina District will be constructed at a larger scale, both horizontally and vertically, than any previous buildings in Charlotte. Large structures can be monolithic, monotonous, and lacking in human scale. This can be avoided through principles of composition and proportion.
• | Each composition should be conceived as a whole assembled from composite parts, which in turn are wholes composed of smaller parts; | |
• | Each building mass and facade composition should have a strong focus or center. The focus need not be at the geometric center of the composition, and the composition need not be symmetrical; | |
• | Each composition should have a readily definable base, middle and top and left, middle and right; | |
• | Parts of the composition should be joined by transitional elements that both separate and link adjacent parts; | |
• | Some elements of the composition should be dominant, while others are subordinate. This establishes a hierarchy, which is a defense against the monotony of simple repetition. |
(a) Building Facades.tif.png "_120-77.2F(2)(a) Building Facades.tif") |
(a)
Horizontal transitions. Building facades shall have horizontal transitions. A horizontal transition is an architectural element, such as a cornice, balcony, gallery or change in material, that creates a distinction between the first and second stories or between the second and third stories. Horizontal transitions are not required in buildings with noncommercial frontages.
(b)
Roof lines. Building facades shall have roof lines. A roof line is an architectural element, such as a cornice, parapet or change in material, which creates a distinction between the top of the building and the lower stories.
Horizontal transitions and roof lines are the means to achieve a distinctive horizontal base, occupied middle, and top that complement and balance one another. |
(c)
Vertical articulations. Building facades shall have vertical articulations. Vertical articulations can be produced by variations in roof lines, window groupings, applied facade elements such as piers or pilasters, bay windows and balconies, entrance stoops and porches, and subtle changes in materials and vertical planes that create shadow lines and textural differences.
• | Each building should have a clear and harmonious pattern of vertically oriented facade elements that break up long monolithic walls and divide the composition into one or more segments, each with a discernible left, middle and right. A balance of vertical and horizontal lines should be sought, with the balance tipped slightly to the vertical. |
• | Changes in vertical planes should be part of a larger facade composition and should not be used to present a false image of individual buildings. Where separate buildings abut, the principal planes of the facades should be flush. |
(3)
Building facade walls.
(a)
Finish materials. Each building facade may have two or more finish materials. Street walls shall be constructed of a material matching the adjacent building facade.
Materials should be separated horizontally, with "lighter" materials placed above more substantial materials, for example, wood above stucco or masonry or stucco above masonry. |
(b)
Projecting elements. All elements that project from the building by more than 16 inches, such as balconies, bay windows, canopies and marquees, shall be visibly supported from below or above by brackets, posts, columns, pilasters or similar supports that are sized proportionately to the projecting structure.
(c)
Primary materials. The following primary materials are permitted:
[1]
Masonry, including brick, stone, terra cotta, ceramic tile or similar facings;
[2]
Cementitious stucco with smooth or sand finish;
[3]
Fiber cement panels, siding and trim boards. Wood grain finishes are not permitted (Building Types "A" and "B" only);
[4]
Solid PVC paintable or prefinished siding and trim boards (such as NuCedar Mills or equivalent). Wood grain finishes are not permitted (Building Types "A" and "B" only);
[5]
Painted wood clapboards or painted, stained or natural shingles (Building Types "A" and "B" only).
(d)
Secondary materials. The following secondary materials are permitted for up to 10% of a building wall surface:
[1]
Precast masonry (for lintels, trim and cornices only);
[2]
Exterior insulation finish system (EIFS) with smooth or sand finish (EIFS may be utilized above the horizontal transition only);
[3]
Metal (for beams, lintels, trim elements and ornamentation only);
[4]
Polyurethane (such as Fypon or equivalent) millwork (for lintels, trim elements and ornamentation only);
[5]
Glazed, ground face or split face concrete block (used as accent trim, piers and foundation walls only);
[6]
Glass block.
• | The palette of wall materials should be kept to a minimum, preferably two (e.g., stucco and tile, brick and stone) or fewer. Using the same wall materials as adjacent or nearby buildings helps strengthen the district character; | |
• | Stucco and/or painted stucco surfaces should be smooth to prevent the collection of dirt and surface pollutants and the deterioration of painted surfaces; | |
• | Sheet metal parapet cap flashings should be painted to match wall or trim color; | |
• | The following materials are not appropriate: | |
• | Curtain wall systems, except in limited areas such as connections, between buildings, entrance lobbies, etc. | |
• | Simulated finishes such as artificial stone. | |
• | Plywood siding. | |
(4)
Wall openings.
(a)
Opening proportions.
[1]
Windows, doors and other openings (except at ground story commercial frontages) shall be square or vertical in proportion. Except at bay windows, window frames shall be recessed at least three inches from the plane of masonry or stucco building facades;
[2]
Windows may be ganged horizontally if each grouping is separated by a framing element at least seven inches wide.
The width to height ratio of windows, doors and similar elements should typically be 1:2 or 2:3. |
(b)
Permitted finish materials.
[1]
Windows and doors may be of steel; aluminum, including clear anodized or factory-finished colors; fiberglass; aluminum clad wood; painted wood; stained or natural (clear finish) wood;
[2]
Glazing shall be clear or lightly tinted;
[3]
If muntins are provided, they shall be of the true divided or simulated divided (applied to interior and exterior with spacer bar within the glazing) types.
(5)
Roofs.
(a)
Permitted configuration.
(a) Permitted Configuration.tif.png "_120-77.2F(5)(a) Permitted Configuration.tif") |
[1]
Flat, (pitched as required for drainage) concealed by a parapet no less than 42 inches high or as required to conceal mechanical equipment. The parapet may have pitched, stepped or curved forms that help create a roof line;
[2]
Gabled, symmetrically sloped, with a minimum pitch of 5:12, with eaves and/or partially concealed by a parapet;
[3]
Hipped, symmetrically sloped, with a minimum pitch of 5:12, with eaves and/or partially concealed by a parapet;
[4]
Shed, with a minimum pitch of 2:12 where attached to a larger building mass, with eaves and/or partially concealed by a parapet;
[5]
Barrel vaulted;
[6]
Domed.
Roof forms should complement the building mass and match the principal building in terms of style, detailing and materials. Double-pitched roofs (such as gable, hip, pyramid), dormer windows, and chimneys can add variety and visual interest when viewed from the streets below and from a distance. Flat roofs are acceptable if a strong, attractively detailed cornice and/or parapet wall is provided. Single-pitched or "shed" roofs should not be used for the principal building. Where the building envelope standards require "a distinctive roof profile" (building type "C"), additional roof forms may be considered. |
(b)
Mansard roofs.
(b) Mansard Roofs.tif.png "_120-77.2F(5)(b) Mansard Roofs.tif") |
[1]
Mansard roofs are a type of pitched roof that are considered attic stories and therefore not counted against the maximum story height. Mansards may be added only to buildings that are at least two stories in height or to one-story type "A" buildings. They shall enclose at least one but no more than two attic stories of habitable space as indicated in the building envelope standards;
[2]
Only dormer windows are permitted in mansard roofs. Windows, balconies and other features that are recessed into the mansard are prohibited. Dormers and other architectural features shall occupy a minimum of 25% of the roof length;
[3]
A cornice or similar architectural feature shall form a transition between the mansard and the vertical building wall. No part of the mansard, including dormers, shall project beyond the building facade wall;
[4]
A transitional architectural feature shall be provided between the top of the mansard and the upper part of the roof.
(b)-4 Building Facades.tif.png "_120-77.2F(5)(b)-4 Building Facades.tif") |
Mansards should be used only when emulating a traditional building style that typically employs mansard roofs, e.g., Beaux Arts, Victorian, etc. |
(c)
Skylights. Skylights shall be flat to the pitch of the roof.
(d)
Permitted (visible) roofing materials.
[1]
Standing Seam or Five Vee metal roofs of galvanized steel, copper, aluminum or zinc-aluminum;
[2]
Asphalt or metal "dimensional" type shingles;
[3]
Cedar shakes (real or synthetic);
[4]
Slate tiles (real or synthetic);
[5]
Clay, terra cotta or concrete tiles;
[6]
"Green" roofs on flat roofs only;
[7]
Roofing materials, including shingles and metal panels, that incorporate photovoltaic solar collectors.
(6)
Projecting facade elements.
(a)
Awnings and canopies.
(a) Awnings and Canapies1.tif.png "_120-77.2F(6)(a) Awnings and Canapies1.tif") |
Where awnings or canopies are provided, they shall comply with the following: |
[1]
Minimum eight feet clear above sidewalk; minimum six-foot projection from building; maximum projection two feet from tree planters or grates or two feet from curbline where no trees are present;
(a)-1 Awnings and Canapies2.tif.png "_120-77.2F(6)(a)-1 Awnings and Canapies2.tif") |
[2]
Where encroaching into a public right-of-way, subject to Department of Environmental Services approval;
[3]
Canvas cloth or equivalent (shiny or reflective materials are prohibited), metal or glass;
[4]
Internal illumination is prohibited;
[5]
One-quarter cylinder configurations are prohibited.
(a)-5 Awnings and Canapies3.tif.png "_120-77.2F(6)(a)-5 Awnings and Canapies3.tif") |
(b)
Galleries.
Galleries are permitted along building facades where the required build-to line (RBL) or required frontage zone (RFZ) abuts the required civic square or does not abut a public right-of-way, provided that they comply with the following: |
[1]
Minimum width of 10 feet;
[2]
Galleries shall have a roof, an open balcony, a covered porch or an extension of the story above. Where there is a covered porch or an extension of an upper story, the building shall have at least one additional story above that level. Where there is an extension of an upper story, the facade of the story extension shall have fenestration with areas of transparency equal to at least 50% but no more than 90% of the facade area;
(b)-2 Galleries.tif.png "_120-77.2F(6)(b)-2 Galleries.tif") |
[3]
Minimum ceiling height 12 feet clear above sidewalk, but never less than one foot below ceiling height of adjacent ground story; two-story maximum height;
[4]
The distance between columns or piers shall not exceed their height. Minimum spacing is 10 feet.
The location of columns or piers is encouraged to correspond with storefront openings. |
(c)
Porches and balconies.
(c) Porches and Balconies.tif.png "_120-77.2F(6)(c) Porches and Balconies.tif") |
Porches and balconies shall comply with the following: |
[1]
Porches and balconies may occur at upper stories either forward of or behind the RBL or RFZ and shall have a minimum depth of six feet, but shall not extend more than six feet beyond the RBL except at the upper level of a gallery;
(c)-1 Porches and Balconies.tif.png "_120-77.2F(6)(c)-1 Porches and Balconies.tif") |
[2]
Porches may occur at the ground story along noncommercial frontages, either forward of or behind the RBL or RFZ, and shall have a minimum depth of eight feet, but shall not extend into the public right-of-way;
[3]
Porches and balconies may have multistory verandas and/or balconies above;
[4]
Porches and balconies may have roofs but shall be open parts of buildings with no conditioned air supply. Insect screening is permitted.
[5]
The minimum distance between columns is 10 feet, and the distance between columns shall not exceed their height.
Porches and balconies are encouraged at upper-story locations in order to take advantage of views and breezes. |
(c)-5 Porches and Balconies Upper.tif.png "_120-77.2F(6)(c)-5 Porches and Balconies Upper.tif") |
(d)
Stoops.
(d) Stoops.tif.png "_120-77.2F(6)(d) Stoops.tif") |
Stoops are permitted along noncommercial frontages, provided that they comply with the following: |
[1]
Minimum depth: six feet;
[2]
Minimum length: five feet;
[3]
Maximum length: eight feet;
[4]
Stoops may be covered or uncovered;
[5]
Stoops may occur forward of the RBL or RFZ and may encroach into the public right-of-way subject to approval from the Department of Environmental Services. Stoops shall not interfere with clear access for pedestrians on the sidewalk.
(d)-5 Stoops.tif.png "_120-77.2F(6)(d)-5 Stoops.tif") |
(e)
Finish materials. The following finish materials are permitted for porches, stoops, columns, arches, railings and balustrades:
(f)
Bay windows.
(f) Bay Windows.tif.png "_120-77.2F(6)(f) Bay Windows.tif") |
Bay windows are permitted, provided that they comply with the following: |
[1]
Maximum depth: six feet;
[2]
Maximum length: eight feet;
[3]
Bay windows shall have fenestration on both front and side surfaces;
[4]
Bay windows may occur forward of the RBL or RFZ and may encroach into the public right-of-way above the ground story subject to approval from the Department of Environmental Services.
(f)-4 Bay Windows.tif.png "_120-77.2F(6)(f)-4 Bay Windows.tif") |
G.
Review and approval process.
(1)
Construction of any new building or addition within the Marina District that fully complies with the requirements of this section will be approved administratively. Construction of any new building or addition that does not comply with the requirements of this section shall be categorized as a major site plan and subject to the requirements set forth in § 120-191 of this chapter. The Director of Zoning and Permitting may waive the requirements of the Marina District through the site plan approval process upon a determination that a project is in substantial compliance with the overall intent and purpose of the Marina District, except for the following:
(a)
Any deviation from the Regulating Plan, including location of the required build-to line (RBL), location of required frontage zone, location of parking setback line, location of allowable areas for parking/loading ingress/egress, location of mandatory commercial frontage and location of permitted building types;
(b)
Any deviation from the minimum or maximum dimensional requirements of the building envelope standards, or the maximum building height requirements measured in stories, that is greater than 20%;
(c)
Any deviation from the siting requirements of the building envelope standards other than deviations from the percentage of the facade built to the required build-to line (RBL) that are greater than 20%, and deviations from the dimensional requirements for tower siting in building type C that are greater than 20%;
(d)
Any deviation from the building function (use) standards;
(e)
Any deviation from minimum or maximum dimensional requirements of the civic square standards that is greater than 20%;
(f)
Any deviation from the minimum or maximum dimensional requirements and numerical requirements of the parking and loading standards that is greater than 10%;
(g)
Any deviation from the architectural standards requirement for an alternative sign program.
(2)
Any development proposal that will cause the total number of dwelling units in the Marina District to exceed 430 and/or cause the total amount of commercial space in the district, not including existing commercial space in the Terminal Building, to exceed 44,000 square feet shall require a supplemental environmental impact statement pursuant to the requirements of the State Environmental Quality Review Act and Chapter 48 of the City Code.
H. ATTIC STORY BALCONY BAY WINDOW BLOCK CORNER BUILDING ENVELOPE STANDARDS CIVIC SQUARE DORMERS FACADE (BUILDING FACE) FENESTRATION GALLERY GROUND STORY PARCEL PARKING SETBACK LINE REGULATING PLAN REQUIRED BUILD-TO LINE (RBL) REQUIRED FRONTAGE ZONE (RFZ) STREET WALL
Definitions. As used in this section, the following terms shall have the meanings indicated:
Habitable space situated within the structure of a pitched roof and above the uppermost story. They are permitted for all building types and do not count against the maximum story height. Attic stories may have only dormers as windows on the required build-to line (RBL) side of the roof pitch.
An exterior platform attached to the upper stories of the building facade.
An enclosure extending the interior space of the building beyond the exterior building facade. For the purposes of this code, a bay window may be generally U-shaped, curved (also known as a "bow window") or rectangular.
The outside corner of a block at the intersection of any two streets. Dimensions from block corners are measured from the intersection of two RBLs.
The part of this section that establishes basic parameters regulating building form, including the envelope (in three dimensions), placement and certain permitted/required building elements, such as storefronts, balconies, and street walls. The building envelope standards establish both parameters and specific requirements. The applicable building envelope standard for a site is determined by the allowable building types indicated on the Regulating Plan. This produces a coherent street space and allows the building owner greater latitude behind its facade.
A public open space designated on the Regulating Plan. The term "square" is generally used to describe spaces that have a predominately paved surface area. Civic squares do not include active recreation structures such as playgrounds or game courts.
Roofed ancillary structures with windows providing light and air to habitable space within the attic story. Dormers are permitted, and the attic does not constitute a story (for height measurement purposes) so long as the dormers do not break the primary eave line, are individually less than 15 feet wide, and are collectively not more than 60% of their required build-to line facade length.
The building elevation facing the public right-of-way or required civic square, generally coinciding with the required build-to line or required stepbacks. Building walls facing private interior spaces are not facades.
Openings in the building wall, including windows and doors, allowing light and views between interior (private realm) and exterior (public realm). Fenestration is measured as glass area (including mullions and similar window frame elements) and/or as open area.
A lightweight roof structure or balcony supported by columns and attached to the building frontage to provide shelter to the sidewalk.
The first habitable level of a building at or above grade. For commercial frontages, at least two-thirds of the finished floor elevation within 30 feet of the required building line shall be within 18 inches of the adjacent fronting sidewalk level. When a residential use occupies the ground story, the finished floor shall be at least three feet, but never more than six feet, above the fronting sidewalk elevation. The next story above the ground story is the second story.
A line or plane indicated on the Regulating Plan which extends vertically (unless otherwise noted) and is generally parallel to the required build-to line (RBL) or required frontage zone (RFZ). The parking setback is typically 30 feet behind the RBL, or the actual facade of the building where there is an RFZ, unless otherwise designated on the Regulating Plan. All parking shall be situated behind this line, except where it is entirely below grade. The parking setback line is a permissive minimum, and parking may be placed anywhere within the lot behind this line.
The implementing plan for the development of the Marina District. The Regulating Plan indicates the allowable building types, allocates space for the required civic square and provides specific information for vehicular access to each parcel.
A line or vertical plane indicated on the Regulating Plan, defining the street frontage which extends vertically and generally parallel to the street, at which the building shall be placed. The facade shall occur on the required build-to line; this is a requirement, not a permissive minimum. The minimum length and height of frontage that is required at the RBL is shown on the appropriate building envelope standard.
A horizontal plane indicated on the Regulating Plan, defining the area within which the building facade must be placed. The facade shall occur within the required frontage zone; this is a requirement that allows for a greater range of options on those parcels where the RFZ is instituted in place of the RBL. These are parcels where definition and enclosure of the street space are of lesser importance, therefore wider latitude is given.
A masonry wall set back not more than 24 inches from the required building line which assists in the definition of the street space in the absence of a building. See the general provisions of the building envelope standards for height specifications.[3]
[3]
Editor's Note: See Subsection B(1)(b) in this section.
§ 120-78 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the V-C Districts shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-79 Additional regulations.
§ 120-80 Purpose.
[Amended 12-20-2005 by Ord. No. 2005-394]
The M-1 Industrial District promotes the retention and growth of employment opportunities by providing areas where a broad range of industrial uses may locate and where options for complementary uses exist in older two-story and multistory buildings. The obsolescence of many industrial buildings for traditional manufacturing purposes is recognized, and the reoccupancy and redevelopment of those buildings are encouraged through the allowance of retail sales and services, offices, eating and drinking establishments. Residential conversions are permitted primarily to accommodate loft-style living spaces and to meet the needs of those seeking the benefits of live-work arrangements.
§ 120-81 Permitted uses and structures.
[Amended 6-17-2003 by Ord. No. 2003-183; 12-20-2005 by Ord. No. 2005-394]
A.
The following uses are permitted in the M-1 District:
(1)
The following uses are permitted when conducted in a fully enclosed building:
(a)
Research laboratories including testing facilities.
(b)
Corporate headquarters, regional headquarters and their administrative offices.
(c)
Local service offices such as real estate sales, insurance agencies, doctors' offices, or other offices typically found in commercial districts only when in a structure or integrated complex of at least 25,000 square feet of gross floor area.
(d)
Manufacturing, high-tech or light industrial uses.
(e)
Warehouses and wholesale distribution facilities.
(f)
Mixed-use facilities, a minimum of 25,000 square feet at initial development, developed according to an approved site plan.
(g)
Vehicle repair stations within an existing building, subject to the additional requirements for specified uses in § 120-152.
(h)
Vehicle and equipment rental, sales and storage within an existing building, subject to the additional requirements for specified uses in Article XVIII.
(j)
Technical and vocational schools.
(k)
Animal hospitals and kennels including breeding, boarding and health care.
(l)
Sexually oriented businesses, subject to the additional requirements for specified uses in § 120-148, including adult arcade, adult cabaret, adult movie theater, limited adult retail store, adult retail store and escort agency.
(m)
Self-service storage.
(2)
Ancillary parking lots and garages, subject to the additional requirements for specified uses in § 120-131.
(3)
Community garages and parking lots.
[1]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
B.
The following uses are permitted in the M-1 District when located in any existing multistory building or a single-story building not originally designed for industrial purposes:
[Amended 9-21-2010 by Ord. No. 2010-323]
(1)
Dwelling unit conversions.
(3)
Retail sales and service; provided, however, that retail sales and service establishments licensed by New York State as adult-use cannabis retail dispensaries shall be restricted to liquor store hours.
[Amended 9-19-2012 by Ord. No. 2012-363; 8-9-2016 by Ord. No. 2016-263; 11-3-2022 by Ord. No. 2022-322]
(4)
[3]Offices and clinics.
[Amended 9-19-2012 by Ord. No. 2012-363]
[3]
Editor’s Note: Former Subsection B(4), Retail sales and service, specialty, added 9-19-2012 by Ord. No. 2012-363, was repealed 8-9-2016 by Ord. No. 2016-263, which ordinance also redesignated former Subsection B(5) through (11) as Subsection B(4) through (10), respectively.
(5)
Bars, restaurants and banquet facilities.
[Amended 9-19-2012 by Ord. No. 2012-363]
(6)
Public entertainment, subject to the additional requirements for specified uses in § 120-137.
[Amended 11-12-2019 by Ord. No. 2019-325]
(7)
Public and semipublic uses.
[Amended 7-19-2011 by Ord. No. 2011-247]
(8)
Day-care centers.
(9)
Funeral parlors and mortuaries.
[Added 9-21-2010 by Ord. No. 2010-323]
(10)
Places of worship.
[Added 7-19-2011 by Ord. No. 2011-247]
(11)
Pawnbrokers.
[Added 8-9-2016 by Ord. No. 2016-263]
(12)
Secondhand dealers.
[Added 8-9-2016 by Ord. No. 2016-263]
(13)
On-site cannabis consumption lounges operating during bar hours, but no later than 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
C.
When developed in conjunction with approved industrial uses, the following uses are permitted in the M-1 District, provided that such limited uses constitute no more than 15% of the developed floor area of the project:
[Amended 7-19-2011 by Ord. No. 2011-247]
(1)
Bars, cocktail lounges and taverns.
(2)
Restaurants.
(3)
Day-care centers when located, arranged and integrated within the development to serve primarily the needs of employees and businesses in and near the M-1 District, and subject to the additional requirements for specified uses in § 120-135.
(4)
Retail sales and services; provided, however, that retail sales and service establishments licensed by New York State as adult-use cannabis retail dispensaries shall be restricted to liquor store hours.
[Amended 11-3-2022 by Ord. No. 2022-322]
(5)
Health clubs and similar facilities.
(6)
On-site cannabis consumption lounges operating during bar hours, but no later than 11:00 p.m.
[Added 11-3-2022 by Ord. No. 2022-322]
§ 120-82 (Reserved) [1]
§ 120-83 Special permit uses.
[Amended 7-27-2004 by Ord. No. 2004-240; 12-20-2005 by Ord. No. 2005-394; 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 7-19-2011 by Ord. No. 2011-247; 9-19-2012 by Ord. No. 2012-363; 9-16-2015 by Ord. No. 2015-295; 8-9-2016 by Ord. No. 2016-263; 6-20-2017 by Ord. No. 2017-170; 11-12-2019 by Ord. No. 2019-325; 11-3-2022 by Ord. No. 2022-322; 6-17-2025 by Ord. No. 2025-209]
The following uses are allowed as special permit uses in the M-1 District:
A.
The following uses, when located in a single-story building originally designed for industrial purposes or a vacant lot, subject to a marketability analysis as set forth in § 120-192. The Planning Commission may, in approving a special permit, waive or modify the off-street parking requirements if it finds such action is warranted by reason of the nature of the occupancy, location of the property or availability of shared or public parking facilities.
(1)
Retail sales and services; provided, however, that retail sales and service establishments licensed by New York State as adult-use cannabis retail dispensaries shall be restricted to operating during liquor store hours.
(2)
Offices or clinics.
(3)
Bars and restaurants.
(4)
Motels and hotels.
(5)
Amusement centers.
(6)
Public and semipublic uses.
(7)
Health clubs.
(8)
Mixed uses.
(10)
Places of worship.
(11)
On-site cannabis consumption lounges operating during bar hours, but no later than 11:00 p.m. The Planning Commission may extend the permissible operating hours to bar hours later than 11:00 p.m. if it finds such action is warranted by reason of unique conditions of the particular operating space or by reason of the particular character of surrounding tenant spaces and properties.
B.
Manufacturing, high-tech or light industrial, and all vehicle-related uses when not conducted in a fully enclosed building.
C.
The following uses, when located at least 200 feet from any residential or open-space district:
E.
Homeless residential facilities, subject to the additional requirements for specified uses in § 120-140.
F.
Public and semipublic uses, including but not limited to library, police stations and fire stations but excluding schools.
H.
Entertainment uses, parks, playfields, playgrounds, stadiums, and outdoor recreations.
J.
Railroad yards and freight centers.
L.
Junkyards or salvage yards, subject to the additional requirements for specified uses in § 120-142 and the following:
(1)
All junkyard materials and activities not within completely enclosed buildings shall be surrounded by a solid stable fence or wall of acceptable design to be at least eight feet in height, but no more than 15 feet, surfaced so as to be resistant to damage from the elements and from stored materials and erected and maintained in a manner to provide effective screening of the premises.
(2)
Storage piles shall not exceed the height of the fence surrounding the materials.
M.
The new construction of vehicle-related uses, including car washes, vehicle service and repair stations, vehicle rental services and vehicle sales, subject to the additional requirements for specified uses in Article XVIII.
O.
Animal hospitals and kennels when not within a fully enclosed building.
P.
Outdoor activities accessory to a permitted use.
§ 120-84 Lot, area and yard requirements.
The following lot, area and yard requirements shall apply to M-1 District:
C.
Yard requirements.
(1)
§ 120-85 Bulk requirements.
§ 120-86 Summary Chart of M-1 Regulations.
[Amended 9-19-2017 by Ord. No. 2017-299]
The following summarizes the requirements for the M-1 District.
Summary Chart of M-1 Regulations | ||
|---|---|---|
Requirement | Residential | Nonresidential |
Minimum lot frontage | N/A | N/A |
Minimum lot area | N/A | N/A |
Front Yard | ||
Minimum front yard setback | N/A unless adjacent to a residential district, in which case the front yard shall be the same as the required front yard setback in the residential district | N/A unless adjacent to a residential district, in which case the front yard shall be the same as the required front yard setback in the residential district |
Side Yard | ||
Minimum side yard setback | N/A unless adjacent to a residential district, in which case the side yard shall be the same as the required side yard setback in the residential district | N/A unless adjacent to a residential district, in which case the side yard shall be the same as the required side yard setback in the residential district |
Minimum side yard setback, detached accessory use or structure | N/A | N/A |
Rear Yard | ||
Minimum rear yard setback, principal use or structure | N/A unless adjacent to a residential district, in which case the rear yard shall be the same as the required rear yard setback in the residential district | N/A unless adjacent to a residential district, in which case the rear yard shall be the same as the required rear yard setback in the residential district |
Minimum rear yard setback, detached accessory use or structure | N/A | N/A |
Bulk | ||
Minimum building height | N/A | N/A |
Maximum square footage per use | N/A | N/A |
§ 120-87 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the M-1 District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-88 Additional regulations.
§ 120-89 Purpose.
The O-S Open Space District preserves and enhances Rochester's open spaces and recreational areas by protecting these natural amenities and restricting development that does not respect these environmentally sensitive areas. Rochester recognizes the value and importance of the resources for City and regional residents and, therefore, strictly limits the development of these areas. Open Space Districts are intended to apply to all publicly owned parks, squares, recreational areas, natural wildlife areas, the waterfront and cemeteries.
§ 120-90 Permitted uses and structures.
The following uses are permitted as of right in the O-S District:
A.
Publicly owned parks, squares, recreational areas, natural wildlife areas and other open areas.
B.
Cemeteries, including associated facilities, such as mausolea, columbaria, crematories and chapels, provided that no such structure shall be located within 50 feet of any residential district boundary line.
C.
Botanical gardens, arboretums and conservatories.
D.
Public marinas, boat launches, boat docks and fishing docks.
E.
Outdoor recreational facilities, such as hiking and bicycle trails, greens and commons, sitting areas and picnic areas.
§ 120-91 Special permit uses.
The following uses are allowed as special permit uses in the O-S District:
A.
Active recreational facilities such as ball fields, soccer fields and the like.
B.
Band shells and outdoor theaters, not including drive-in theaters.
C.
Boat rental.
D.
Commercial facilities incidental to the operation of public recreational uses, such as refreshment stands, small concessionaire shops dispensing sporting goods, miniature golf and similar amusement and recreational facilities.
E.
Cultural facilities, such as museums and observatories.
F.
Golf courses, including par-three courses and driving ranges.
G.
Lighting of all outdoor recreational activity areas for nighttime use.
H.
Parking lots of 10 or more spaces.
I.
Public recreation centers, including enclosed and semi-enclosed building.
J.
Public schools.
L.
Water collection, storage and distribution uses, such as reservoirs, tanks, dams, water treatment plants, pumping stations and drainage channels.
M.
Zoos.
§ 120-92 Lot, area and yard requirements.
The following lot, area and yard requirements shall apply to O-S District:
C.
Yard requirements.
(1)
Minimum front yard setback: average front yard depth of building(s) along the block or 35 feet if no buildings are within 500 feet of the proposed building.
(2)
Minimum side yard setback: N/A unless adjacent to a residential district, in which case the side yard shall be the same as the required front yard setback in the residential district.
(3)
Minimum rear yard setback: N/A unless adjacent to a residential district, in which case the side yard shall be the same as the required front yard setback in the residential district.
(4)
Special setbacks: any area intended for concentrated outdoor activity shall be located at least 30 feet from any residential lot or district and shall be so screened as to provide visual privacy to such lot or district.
§ 120-93 Bulk requirements.
§ 120-94 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the O-S District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-95 Additional regulations.
§ 120-96 Purpose and intent.
The O-A Overlay Airport District prevents the establishment of flight or safety hazards within the vicinity of the Rochester - Monroe County Airport. The district recognizes the approach-departure corridors where development might endanger the lives and property of residents of the area, airport operations or aircraft. The Overlay Airport District shall not be independently mapped upon the Zoning Map but shall be overlaid upon existing zoning districts. When so mapped, the Overlay Airport District shall provide regulations and review procedures in addition to those required in the underlying district.
§ 120-97 Establishment of district.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
The Overlay Airport District shall consist of two sections, an inner section and an outer section.
A.
Inner district. The O-A Overlay Airport District (Inner) shall be established over the area within one mile from the boundary line of the Rochester - Monroe County Airport and within the approach-departure corridors of instrument-equipped runways at the airport over an area not to exceed three miles from the end of the runway and one mile in width. The boundaries of the Overlay Airport District (Inner) may be changed from time to time as necessary to reflect the current configuration and utilization of the airport and its facilities. The Director of Zoning and Permitting shall request annually from the Monroe County Department of Planning and Development information concerning any changes or projected changes involving instrument runway layout, airport boundaries or general airport operations or use.
B.
Outer district. The O-A Overlay Airport District (Outer) shall be established over the remainder of the area within the corporate limits of the City of Rochester not covered by the Overlay Airport District (Inner).
§ 120-98 Referral required.
Referral required prior to City action. The following applications shall require referral to the Monroe County Department of Planning and Development in accordance with the provisions of § C5-4A of the Monroe County Charter:
A.
Inner district. Any application for any of the following actions within the O-A District (Inner):
(1)
Subdivision.
(2)
Changes in land use by amendment of the provisions of this chapter, special permit or variance.
(3)
Other significant changes in land use.
(4)
Development of vacant land.
(5)
Any land use which might create a flight or safety hazard by reason of electronic interference, impairment of visibility, glare, flammability, radiation, height or any other feature.
B.
Outer district. Any application for any of the following actions within the Overlay Airport District (Outer):
(1)
Any land use which might create a flight or safety hazard by reason of electronic interference, impairment of visibility, glare, flammability, radiation, height or any other feature.
(2)
Any application for a special permit for height or a variance in accordance with the provisions of this article.
§ 120-99 Maximum permitted height.
Within the Overlay Airport District, both inner and outer sections, no building, structure or use that is not specifically limited to a lower maximum height by the zoning district in which it is to be located shall be permitted to extend above an imaginary plane the height of which is determined as follows:
A.
Vertical height. Vertical height of the imaginary plane shall be measured from an elevation of 559 feet above mean sea level, which is the elevation of Rochester - Monroe County Airport Runway 10-28.
B.
Horizontal distance. Horizontal distance shall be measured from the airport location point (ALP) defined by the United States Department of Commerce, National Oceanic and Atmospheric Administration, as being located within the Rochester - Monroe County Airport at a latitude of 43º 07' 11.2" and a longitude of 77º 40' 18.2".
C.
Location-determined height and distance.
(1)
For all locations less than 8,000 feet from the ALP, the height of the imaginary plane shall be 40 feet.
(2)
For all locations between 8,000 and 10,000 feet from the ALP, the height of the imaginary plane shall begin at 50 feet and shall increase one foot in height for every 40 feet of horizontal distance to a maximum height of 100 feet at a distance of 10,000 feet.
(3)
For all locations between 10,000 and 25,000 feet from the ALP, the height of the imaginary plane shall begin at 100 feet and shall increase one foot in height for every 50 feet of horizontal distance to a maximum height of 400 feet at a distance of 25,000 feet.
D.
Table of dimensions. The following table illustrates the height of the imaginary plane, measured from 559 feet above mean sea level, defined in this section:
Distance from ALP (feet) | Height of Imaginary Plane Measured from 559 Feet Above Mean Sea Level |
|---|---|
Less than 8,000 | 40 |
8,000 | 50 |
9,000 | 75 |
10,000 | 100 |
11,000 | 120 |
12,000 | 140 |
13,000 | 160 |
14,000 | 180 |
15,000 | 200 |
16,000 | 220 |
17,000 | 240 |
18,000 | 260 |
19,000 | 280 |
20,000 | 300 |
21,000 | 320 |
22,000 | 340 |
23,000 | 360 |
24,000 | 280 |
25,000 | 300 |
25,000+ | 400+ by special permit |
§ 120-100 Trees.
Any tree, shrub or other object of natural growth located within the Overlay Airport District that exceeds the maximum permitted heights defined in this article or otherwise impairs visibility may be declared to be a flight hazard and may be required to be removed, trimmed or otherwise altered at the owner's expense.
§ 120-101 Prohibition.
No building, structure or use shall be established, created or constructed which creates or is expected to create a flight or safety hazard. No certificate of zoning compliance shall be issued for such a building, structure or use.
§ 120-102 Variance.
[2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Procedure.
(1)
An applicant desiring to erect any structure or increase the height of any structure or otherwise use his or her property in violation of these regulations may file for a variance as provided in § 120-195.
(2)
Every application shall be accompanied by the Federal Aviation Administration's current written advisory determination issued pursuant to Part 77 of the Federal Aviation Regulations and shall include a written statement addressing the impact of the proposed use upon existing flight patterns.
(3)
The application shall be referred to the Monroe County Department of Planning and Development for review and approval by said Department, the Monroe County Department of Public Works, the Monroe County Law Department, the manager of airport operations and the airport operator, if other than Monroe County, pursuant to procedures established in § 120-188. The review shall include the impact of the proposed structure or use on flight patterns, airport operations, the environment, changes in aircraft noise contours and any other matters they deem appropriate.
(4)
Upon receipt of the report of the Monroe County Department of Planning and Development, the Director of Zoning and Permitting shall officially advise the City Clerk of each such application, together with the advisory determination of the Federal Aviation Administration and the report of the Monroe County Department of Planning and Development. The City Clerk shall transmit all such information as an official communication to the City Council at its next meeting. In the event that City Council does not have a regularly scheduled meeting within 14 days from the receipt of the application, the Director of Zoning and Permitting shall also transmit all such information by registered mail to each member of the City Council.
B.
Hearing. All such variances shall be heard and decided by the Zoning Board of Appeals. A public hearing shall be set, advertised and conducted by the Zoning Board of Appeals in accordance with this chapter. All such public hearings shall be scheduled not less than 10 days following City Council's receipt of the official communication or the date of issuance of such information by registered mail, whichever occurs earlier.
C.
Determination.
(1)
If the advisory determination of the Federal Aviation Administration and/or the report of the Monroe County Department of Planning and Development indicates that the applicant's proposal would affect flight patterns and/or airport operations, the Director of Zoning and Permitting shall give notice of such application and a brief summary of the advisory determination of the Federal Aviation Administration and the report of the Monroe County Department of Planning and Development. Such notice shall be given by publication in an official newspaper or a newspaper of general circulation in the City at least once, not more than 30 days nor less than 20 days before the date of the public hearing.
(2)
In approving the variance, the Zoning Board of Appeals may require the applicant to install, operate and maintain upon the structure such markers and lights as may be necessary to indicate to operators of aircraft the presence of such hazard.
(3)
If the advisory determination of the Federal Aviation Administration and/or the report of the Monroe County Department of Planning and Development indicates that the applicant's proposal would affect flight patterns and/or airport operations, then no variance shall be approved unless the applicant establishes that the proposal would not adversely affect the health and safety of City residents nor result in increased noise levels in the City.
§ 120-103 Special permit uses.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Procedure.
(1)
An applicant desiring to erect any structure or increase the height of any structure located at a distance greater than 25,000 feet from the airport location point (ALP) which shall extend above an imaginary plane the height of which is 400 feet above the elevation of Rochester - Monroe County Airport Runway 10-28, 541 feet above mean sea level, may file for a special permit as provided in § 120-192.
(2)
The application shall be accompanied by the Federal Aviation Administration's current written advisory determination issued pursuant to Part 77 of the Federal Aviation Regulations and shall include a written statement addressing the impact of the proposed use upon existing flight patterns.
(3)
The application shall be referred to the Monroe County Department of Planning and Development for approval by said Department, the Monroe County Department of Public Works, the Monroe County Law Department, the manager of airport operations and the airport operator, if other than Monroe County, pursuant to procedures established in § 120-188. The review shall include the impact of the proposed structure on such matters as flight patterns, airport operations, environmental impact, changes in aircraft noise contours and any other matters they deem appropriate.
(4)
Upon receipt of the report of the Monroe County Department of Planning and Development, the Director of Zoning and Permitting shall officially advise the City Clerk of each such application, together with the determination of the Federal Aviation Administration and the report of the Monroe County Department of Planning and Development. The City Clerk shall transmit all such information as an official communication to the City Council at its next meeting. In the event that City Council does not have a regularly scheduled meeting within 14 days from the receipt of the application, the Director of Zoning and Permitting shall also transmit all such information by registered mail to each member of City Council.
B.
Hearing. A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with this chapter. All such public hearings shall be scheduled not less than 10 days following City Council's receipt of the official communication provided in this section herein or the date of issuance of such information by registered mail, whichever occurs earlier.
C.
Determination.
(1)
If the advisory determination of the Federal Aviation Administration and/or the report of the Monroe County Department of Planning and Development indicates that the applicant's proposal would affect flight patterns and/or airport operations, the Director of Zoning and Permitting shall give notice of such application and a brief summary of the advisory determination of the Federal Aviation Administration and the report of the Monroe County Department of Planning and Development. Said notice shall be given by publication in an official newspaper or a newspaper of general circulation in the City at least once, not more than 30 days nor less than 20 days before the date of the public hearing.
(2)
In approving the special permit, the Planning Commission may require the applicant to install, operate and maintain upon the structure such markers and lights as may be necessary to indicate to operators of aircraft the presence of such hazard.
(3)
If the advisory determination of the Federal Aviation Administration and/or the report of the Monroe County Department of Planning and Development indicates that the applicant's proposal would affect flight patterns and/or airport operations, then no special permit shall be approved unless the applicant establishes that the proposal would not adversely affect the health and safety of City residents nor result in increased noise levels in the City.
§ 120-104 Purpose.
The O-B Overlay Boutique District protects and enhances older City neighborhoods along major and secondary thoroughfares or proximate to commercial, cultural and employment centers. The O-B District permits mixed residential and limited small-scale commercial uses. The traffic and activity levels along some major and secondary thoroughfares decrease the desirability for family living. The accessibility and exposure provides an environment suitable for certain small-scale commercial uses that can exist proximate to neighborhoods without adversely affecting the residential environment. The preservation and rehabilitation of sound structures promote increased use options while dwellings remain the primary function of the district. The O-B District shall not be independently mapped on the City of Rochester Zoning Map but shall be overlaid upon an existing residential zoning district that is found to be appropriate for such treatment.
§ 120-105 Permitted uses.
The following uses and structures are permitted in the O-B District in existing structures only. The initial conversion is subject to site plan approval in accordance with the provisions of § 120-191:
A.
Permitted uses allowed in the underlying district.
B.
Retail sales and services limited to the sale of the following items, operating between the hours of 6:00 a.m. and 11:00 p.m.:
(1)
Antiques.
(2)
Art objects.
(3)
Art and craft supplies.
(4)
Books.
(5)
Clothing.
(6)
Decorative accessories.
(7)
Flowers and plants, excluding flowers and plants that require the retailer to be licensed under the Cannabis Law.
[Amended 11-3-2022 by Ord. No. 2022-322]
(8)
Handicrafts.
(9)
Jewelry.
(10)
Specialty foods.
(11)
Specialty toys.
(12)
Barbers, hairdressers, aestheticians and the like.
[Amended 12-20-2005 by Ord. No. 2005-394]
(13)
Restaurants limited to 650 square feet of net floor area but excluding drive-through facilities. The hours restriction set forth in this subsection shall not apply to restaurants licensed by New York State to sell alcoholic beverages for on-premises consumption pursuant to the Alcoholic Beverage Control Law.
[Amended 11-17-2015 by Ord. No. 2015-355]
D.
Studios for artists, craftsmen, photographers, composers, writers and the like.
[Added 12-20-2005 by Ord. No. 2005-394]
E.
Live-work space.
[Added 12-20-2005 by Ord. No. 2005-394]
§ 120-106 Special permit uses.
The following uses are allowed as special permit uses in the O-B District in existing structures only:
A.
Special permit uses allowed in the underlying district.
B.
Bar, cocktail lounge and tavern, excluding dancing, limited entertainment and public entertainment, not exceeding 650 square feet of floor area devoted to customer seating and service, operating between the hours of 6:00 a.m. and 11:00 p.m.
[Amended 11-17-2015 by Ord. No. 2015-355; 11-12-2019 by Ord. No. 2019-325]
C.
Restaurants, excluding dancing, limited entertainment, public entertainment and drive-through facilities, not exceeding 650 square feet of net floor area devoted to customer seating and service, operating between the hours of 6:00 a.m. and 11:00 p.m., including outdoor seating/assembly areas.
[Amended 11-12-2019 by Ord. No. 2019-325]
D.
Restaurants licensed by New York State to sell alcoholic beverages for on-premises consumption pursuant to the Alcoholic Beverage Control Law, excluding dancing, entertainment and drive-through facilities, exceeding 650 square feet of net floor area devoted to customer seating and service.
[Added 11-17-2015 by Ord. No. 2015-355[1]]
E.
Outdoor seating areas operating between the hours of 6:00 a.m. and 11:00 p.m. that are accessory to permitted uses or to specially permitted restaurants.
[Amended 6-17-2003 by Ord. No. 2003-183; 11-17-2015 by Ord. No. 2015-355]
F.
On-site cannabis consumption lounges not exceeding 650 square feet operated entirely within an enclosed building operating during bar hours, but no later than 11:00 p.m. The Planning Commission may extend the permissible operating hours to bar hours later than 11:00 p.m. if it finds such action is warranted by reason of unique conditions of the particular operating space or by reason of the particular character of surrounding tenant spaces and properties.
[Added 11-3-2022 by Ord. No. 2022-322]
§ 120-107 Lot, area and yard requirements.
The lot, area and yard requirements of the O-B District shall conform to the underlying district.
§ 120-108 Bulk requirements.
The building requirements of the O-B District shall conform to the underlying district.
§ 120-109 Standards specific for the O-B District.
§ 120-110 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the O-B District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-111 Additional regulations.
§ 120-112 Purpose.
The O-O Overlay Office District protects and enhances older City neighborhoods along major and secondary thoroughfares or proximate to commercial, cultural and employment centers. The O-O District permits mixed residential and office uses. The traffic and activity levels along some major and secondary thoroughfares decrease the desirability for family living. The accessibility and exposure provides an environment suitable for certain small-scale commercial uses that can exist proximate to neighborhoods without adversely affecting the residential environment. The preservation and rehabilitation of sound structures promote increased use options while dwellings remain the primary function of the district. The O-O District shall not be independently mapped on the City of Rochester Zoning Map but shall be overlaid upon an existing residential zoning district that is found to be appropriate for such treatment.
§ 120-113 Permitted uses and structures.
The following uses and structures are permitted in the O-O District in existing structures only. The initial conversion is subject to site plan approval in accordance with the provisions of § 120-191:
§ 120-114 Special permit uses.
§ 120-115 Lot, area and yard requirements.
The lot, area and yard requirements of the O-O District shall conform to the underlying district.
§ 120-116 Bulk requirements.
The building requirements of the O-O District shall conform to the underlying district.
§ 120-117 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the O-O District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-118 Additional regulations.
§ 120-118.1 Purpose.
The O-LH Overlay Limited-Height District protects City neighborhoods that are within or adjacent to the C-1 Neighborhood Center District that would be adversely impacted by taller buildings. It establishes a three-story limit on building heights for those C-1 District or adjoining areas where there is the presence or proximity of features that would be adversely affected by the aesthetic, traffic, parking demands, and other adverse impacts associated with taller buildings. Such features may include but are not limited to uses in the R-1 Low-Density Residential and R-2 Medium-Density Residential zoned districts, an O-S Open Space District, a Preservation District, a City-designated landmark, a property or structure listed on the State or National Register of Historic Places, a park, a critical environmental area as defined in § 48-4 of the Municipal Code, or a residential area challenged by a persistent shortage of on- and off-street parking spaces. The O-LH District shall not be independently mapped on the City of Rochester Zoning Map but shall be overlaid upon an existing C-1 or R-3 District area that is found to be appropriate for such treatment.
§ 120-118.2 Permitted uses and structures.
The uses and structures permitted in the O-LH District shall be the permitted uses allowed in the underlying district.
§ 120-118.3 Special permit uses.
The uses and structures allowed as special permit uses in the O-LH District shall be the special permit uses allowed in the underlying district.
§ 120-118.4 Lot, area and yard requirements.
The lot, area and yard requirements of the O-LH District shall conform to the underlying district.
§ 120-118.5 Bulk requirements.
§ 120-118.6 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the O-LH District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-118.7 Additional regulations.
§ 120-119 Urban Renewal Districts in the City of Rochester.
[Amended 4-8-2003 by Ord. No. 2003-86; 8-26-2003 by Ord. No. 2003-276; 6-22-2004 by Ord. No. 2004-199; 3-20-2007 by Ord. No. 2007-93; 9-19-2007 by Ord. No. 2007-370; 7-14-2009 by Ord. No. 2009-254; 12-16-2014 by Ord. No. 2014-381; 12-15-2020 by Ord. No. 2020-349]
The U-R Urban Renewal Districts are separate and distinct areas with identified objectives, actions and land use plans for the purpose of eliminating substandard and deteriorated structures and other blighting influence in an area of the City, through demolition and subsequent redevelopment. These districts promote economic development in the City and beautification of an area in both the public and private realm and provide the City with the ability to convey property to support private development. Areas specified as U-R Urban Renewal Districts by the City Council of the City of Rochester include:
A.
Cascade Area Urban Renewal District.
B.
Norton Street Urban Renewal District.
C.
Ridgeway Urban Renewal District.
D.
St. Joseph's Area Urban Renewal District.
E.
Washington Square Urban Renewal District.
F.
Brooks Landing Urban Renewal District.
G.
Erie Canal Urban Renewal District.
H.
La Marketa North Clinton Avenue Urban Renewal District.
I.
Midtown Urban Renewal District.
J.
Dewey-Driving Park Urban Renewal District.
K.
Marketview Heights Urban Renewal District.
§ 120-120 Zoning designations and modifications.
[Amended 4-8-2003 by Ord. No. 2003-86; 6-17-2003 by Ord. No. 2003-183; 8-26-2003 by Ord. No. 2003-276; 6-22-2004 by Ord. No. 2004-199; 3-20-2007 by Ord. No. 2007-93; 9-19-2007 by Ord. No. 2007-370; 6-16-2009 by Ord. No. 2009-179; 7-14-2009 by Ord. No. 2009-254; 11-9-2009 by Ord. No. 2009-391; 7-19-2011 by Ord. No. 2011-247; 3-27-2012 by Ord. No. 2012-99; 9-19-2012 by Ord. No. 2012-363; 12-16-2014 by Ord. No. 2014-381; 8-9-2016 by Ord. No. 2016-263; 6-20-2017 by Ord. No. 2017-170; 9-19-2017 by Ord. No. 2017-299; 11-12-2019 by Ord. No. 2019-325; 12-15-2020 by Ord. No. 2020-349; 5-20-2025 by Ord. No. 2025-109; 6-17-2025 by Ord. No. 2025-209]
The adopted land use controls and administrative procedures shall be in effect upon adoption of this chapter for the U-R Districts. Changes or amendments to such controls may be made at any time by the City Council, provided that any amendment of this plan shall be concurred with by any owner or lessee of project land materially affected thereby. No sexually oriented business shall be established in any urban renewal district. The U-R District shall follow the regulations for the specified district on the City of Rochester Zoning Map. In addition, the following provisions in the specified U-R Districts shall apply to that individual U-R District.
A.
Cascade Area Urban Renewal District.
(1)
In the sections of the U-R District designated as CCD, all of the requirements of the CCD shall apply except as follows:
(a)
Permitted uses and structures.
[1]
Industrial uses shall be restricted to the following:
[a]
Research and testing laboratories, but excluding biotechnology, genetic and gene research;
[b]
Corporate headquarters and offices;
[c]
Manufacture, processing and assembly of: communications equipment, data processing equipment and software, electronic systems, components and accessories, professional, scientific and control instruments, office systems and equipment, photographic and imaging equipment and systems, optics, surgical, medical and dental instruments, appliances and products.
B.
Norton Street Urban Renewal District.
(1)
In this district all of the requirements of the M-1 Industrial District shall apply except as follows:
(a)
Prohibited uses:
(b)
Special permit uses.
[1]
Technical and vocational schools providing job training programs.
[2]
Warehousing, storage and distribution establishments.
[3]
Business and government offices.
[4]
Fleet management base — a facility for the staging and dispatching of a group of vehicles (fleet) used to transport individuals from one off-site location to another, including but not limited to ambulance services, and excluding truck centers and public transportation bases. This use may include the following accessory uses:
[a]
Fleet management/operations offices.
[b]
Fleet vehicle maintenance, repair and washing.
[c]
Indoor storage of fleet vehicle parts and of equipment and supplies used in fleet vehicles.
[d]
Temporary indoor storage of medical waste prior to pickup by a licensed medical waste transporter for delivery to an off-site disposal facility.
[5]
Manufacture of items and materials of the following:
[a]
Acetylene.
[b]
Asbestos products.
[c]
Cement, lime or gypsum.
[d]
Coke or charcoal.
[e]
Disinfectants, insecticides or poisons.
[f]
Ferrous or nonferrous metals.
[g]
Glass, from raw materials.
[h]
Matches, explosives, fireworks and other pyrotechnic devices.
[i]
Paint, shellac, varnish or enamel.
[j]
Paper or paper pulp.
[k]
Rubber or tires.
[l]
Soap.
[m]
Wine, beer, liquor or other alcoholic beverages.
[n]
Tobacco products.
[o]
Gas.
[p]
Metal foundries; metal stamping and forging.
[q]
Enameling, lacquering, galvanizing.
[r]
Batch mixing of cement; rock- and stone-crushing mills; lumber mills.
[s]
Food processing; dairy and soft drink bottling.
[t]
Slaughterhouses; tanneries; fat and tallow rendering.
[u]
Petroleum refineries; bulk fuel storage; distillation of petroleum, tar, coal, wood or bones.
[v]
Bus and railroad yards.
[w]
Construction equipment, sales, rental and storage yards.
[x]
Sewage treatment facilities.
[y]
Electric and steam generation facilities.
[z]
Agricultural, hydroponic and aquaponic activities not involving livestock, when conducted solely within buildings.
C.
Ridgeway Urban Renewal District.
(1)
In the sections of the U-R District designated on the Zoning Map as M-1, all of the requirements of the M-1 shall apply except as follows:
(a)
Prohibited uses.
[1]
Junkyards and waste centers.
[2]
Vehicle repair, vehicle sales and rental, and car washes.
[3]
Warehousing, storage and distribution establishments.
[4]
Building materials storage and sales.
[5]
Construction equipment storage yards, including rental and sales of equipment.
[6]
Batch mixing of cement, concrete and asphalt.
[7]
Truck centers.
[8]
Personal wireless telecommunication facilities.
[9]
Manufacture of any of the following items or materials:
[a]
Acetylene.
[b]
Asbestos products.
[c]
Cement, lime or gypsum.
[d]
Coke or charcoal.
[e]
Disinfectants, insecticides or poisons.
[f]
Ferrous or nonferrous metals.
[g]
Glass, from raw materials.
[h]
Matches, explosives, fireworks and other pyrotechnic devices.
[i]
Paint, shellac, varnish or enamel.
[j]
Paper or paper pulp.
[k]
Rubber or tires.
[l]
Soap.
[m]
Wine, beer, liquor or other alcoholic beverages.
[n]
Tobacco products.
[o]
Gas.
[p]
Metal foundries; metal stamping and forging.
[q]
Enameling, lacquering, galvanizing.
[r]
Batch mixing of cement; rock- and stone-crushing mills; lumber mills.
[s]
Food processing; dairy and soft drink bottling.
[t]
Slaughterhouses; tanneries; fat and tallow rendering.
[u]
Petroleum refineries; bulk fuel storage; distillation of petroleum, tar, coal, wood or bones.
[v]
Bus and railroad yards.
[w]
Construction equipment, sales, rental and storage yards.
[x]
Sewage treatment facilities.
[y]
Electric and steam generation facilities.
[10]
Pawnbrokers.
(b)
Special permit uses.
[1]
Commercial uses and wholesale establishments whose goods are stored entirely indoors, subject to the additional standard that such uses are in conformance with the goals and objectives of the Urban Renewal District and the policies of the City for economic development and job creation, or when the Planning Commission finds that the use will provide a service to the manufacturing uses and/or their employees.
[2]
Trade or technical schools.
[3]
Day-care centers that serve industries within the district.
(c)
Minimum landscape buffer: 20 feet abutting a residential district boundary line.
D.
St. Joseph's Area Urban Renewal District.
(1)
In the sections of the U-R District designated on the Zoning Map as CCD, all of the requirements of the CCD shall apply except as follows:
E.
Washington Square Urban Renewal District.
(1)
In the sections of the U-R District designated on the Zoning Map as CCD, all of the requirements of the CCD shall apply except as follows:
(a)
Permitted uses shall be limited to:
[1]
Administrative offices, corporate headquarters and governmental offices.
[2]
Retail shopping establishments, as permitted in the CCD District.
[3]
Consumer service establishments, as permitted in the CCD District.
[4]
Business goods and service establishments.
[5]
Day-care centers.
[6]
Municipal parking garages.
(c)
Lot, area and yard requirements.
[1]
Maximum front yard. Within the first three stories or the first 50 feet of building height, all buildings shall comply with the following maximum yard requirements:
[a]
South Clinton Avenue: zero to 20 feet for the first 100 feet from East Broad Street and Court Street; zero to 50 feet for the balance of the street frontage.
[b]
East Broad Street: zero to 20 feet.
[c]
Court Street: zero to 30 feet.
[d]
South Avenue: zero to 20 feet.
[e]
Bausch & Lomb Place: zero to 30 feet.
[f]
Woodbury Boulevard: zero to 15 feet.
(d)
Building standards. The following limitations and conditions apply to and must be complied with by all permitted and permissible uses.
[1]
Structures that abut Clinton Avenue shall have a major pedestrian entrance onto Clinton Avenue.
[2]
The primary entrance thresholds of all structures shall be flush with the abutting outdoor sidewalk elevations, and all other entrances shall not exceed grade elevations by more than 18 inches.
[3]
In any street yard of 30 feet or less, activities, attractions and/or an inviting environment directly linked to the adjacent public sidewalk shall be provided.
[4]
The building facades along South Clinton Avenue and Court Street between South Clinton Avenue and Bausch & Lomb Place (the realigned Stone Street) shall have fenestration with a total horizontal length equal to approximately 3/4 of the linear frontage of walls facing a street, consisting of glazing that is clear, see-through and nonreflective and having lower edges no higher than two feet above the building's first floor elevation and top edges no lower than seven feet above the building's first floor elevation.
[5]
No loading facility shall be permitted along South Clinton Avenue, Court Street, East Broad Street, South Avenue or St. Mary's Place.
F.
Brooks Landing Urban Renewal District.
(1)
Land use areas. The District is divided into three land use areas which are comparable to zoning districts listed in the Rochester Zoning Code:
The Open Space land use area (O-S) located along the edge of the Genesee River will remain in City ownership as dedicated parkland. |
The Neighborhood Commercial land use area (C-1) provides infill development and renovation opportunities on the west side of Genesee Street and nearly two acres of new commercial development opportunities on the east side of Genesee Street north of Brooks Avenue. |
The Riverfront Commercial land use area (C-2) on the east side of Genesee Street south of Brooks Avenue will provide unique riverfront development opportunities. |
(a)
Open Space Land Use. In the sections of the District designated on the Land Use Map as "O-S," all of the requirements of the O-S shall apply.
(b)
Neighborhood Commercial Land Use. The Neighborhood Commercial land use area is comparable to the C-1 Neighborhood Center District. In the sections of the District designated on the Land Use Map as “C-1,” all of the requirements of the C-1 shall apply, except as follows:
[1]
Permitted uses. The following uses are permitted in the Neighborhood Commercial land use area when conducted entirely within an enclosed building:
[a]
Dwelling units when part of a mixed-use development with other permitted commercial uses.
[b]
Public and semi-public uses.
[c]
Retail sales and services.
[d]
Offices open between the hours of 6:00 a.m. and 11:00 p.m.
[e]
Bars, cocktail lounges and taverns operating between the hours of 6:00 a.m. and 11:00 p.m.
[f]
Restaurants operating between the hours of 6:00 a.m. and 11:00 p.m., including accessory outdoor seating/assembly areas but excluding drive-thru facilities.
(c)
Riverfront Commercial Land Use. The Riverfront Commercial land use area is comparable to the C-2 Neighborhood Center District. In the sections of the District designated on the Land Use Map as "C-2," all of the requirements of the C-2 shall apply, except as follows:
[1]
Permitted uses:
[a]
Multifamily dwellings.
[b]
Public and semi-public uses.
[c]
Retail sales and service when conducted in an entirely closed building.
[d]
Offices open between the hours of 6:00 a.m. and 11:00 p.m.
[e]
Bars, cocktail lounges and taverns, including accessory outdoor seating and assembly areas.
[f]
Restaurants and banquet facilities, including accessory outdoor seating and assembly areas.
[g]
Hotels.
[h]
Ancillary parking lots.
[i]
Drive-through services, with up to two lanes, when attached to an employee-occupied financial institution with indoor teller service.
[2]
Lot, area and yard requirements. Lot, area and yard requirements shall be subject to the provisions of § 120-44 of the Rochester Zoning Code, except as follows:
[a]
Maximum front yard setback shall be zero to five feet, except for buildings that front on the river. Buildings that front on the river shall have a minimum setback of 30 feet and a maximum setback of 60 feet from the existing river wall or river edge, whichever is closer to the building.
[3]
Bulk requirements. Bulk requirements shall be subject to the provisions of § 120-45, except as follows:
[4]
Off-street parking. Off-street parking shall be subject to the provisions of § 120-173 of the Rochester Zoning Code, except as follows:
[5]
Design guidelines and standards. Design guidelines and standards shall be subject to the provisions of Article XIX of the Rochester Zoning Code, with the following:
[a]
ADDITION: Any building fronting on the river shall have a facade facing the river of equal or near equal prominence to the facade facing the public street.
[b]
EXCEPTION to § 120-158A(1):[1] Any building fronting a river promenade shall have a facade with an active elevation facing the river. This active elevation shall include architectural features that enhance the pedestrian scale and experience of the building facade. Such elevations may or may not include windows and/or building entrances.
[1]
Editor's Note: See now § 120-158B(1).
(d)
Other requirements applying to all land use areas. Other requirements, including provisions regarding accessory uses and structures, air quality, dumpsters and refuse collection areas, fences and walls, floodplain regulations, landscaping buffers and screening, lighting, noise, off-street loading, off-street stacking requirements, outdoor storage, outdoor displays and signs, shall be subject to the provisions of Article XX of the Rochester Zoning Code.
G.
Erie Canal Urban Renewal District.
(2)
Lot and yard requirements.
(b)
Yard requirements.
[2]
Yards abutting residential uses:
[a]
Buildings: 20 feet.
[b]
Parking: 10 feet, except where a solid screening wall at least six feet in height is placed on the lot line, in which case no setback shall be required.
[c]
Patios/pedestrian ways: 10 feet, except where a solid screening wall at least six feet in height is placed on the lot line, in which case no setback shall be required.
(3)
Fences. Fences in the district shall be subject to the requirements outlined in § 120-167 of the City Zoning Code, except for the following when along a street frontage:
(4)
Off-street parking.
(a)
Parking lots in the district shall be subject to the parking lot landscaping requirements outlined in § 120-173F(2) of the City Zoning Code.
(b)
Parking lots in the district shall be subject to the parking lot design standards outlined in § 120-173F(3) of the City Zoning Code.
(5)
Signs. Signage for the district shall be subject to the alternate sign program as outlined in § 120-177K of the City Zoning Code, except that signs facing toward the interior of the site located on concession buildings and nonpermanent signs located on the playing surface level shall be permitted without requiring a certificate of zoning compliance.
H.
La Marketa North Clinton Avenue Urban Renewal District.
(1)
All of the requirements of the C-2 Zoning District shall apply except as follows:
Permitted uses: |
(a)
Public and semipublic uses.
(b)
Retail sales and service.
(c)
Health clubs and similar facilities.
(d)
Offices.
(e)
Bars, cocktail lounges and taverns, including accessory outdoor seating/assembly areas provided the outdoor areas only operate between the hours of 6:00 a.m. and 11:00 p.m.
(f)
Restaurants and banquet facilities, including accessory outdoor seating/assembly areas provided the outdoor areas only operate between the hours of 6:00 a.m. and 11:00 p.m.
(g)
Mixed uses.
(h)
Dwelling units when part of a mixed-use development on the second story or above.
(i)
Limited entertainment, not including sexually oriented uses.
(j)
In any public or semipublic plaza, open space or community gathering space: public entertainment, festivals, neighborhood parties, and other events that are either sponsored by the City or a community organization or issued a special event permit.
(4)
Bulk requirements. Bulk requirements shall be subject to the provisions of § 120-45 of the Rochester Zoning Code except as follows:
(5)
Design guidelines and standards. Design guidelines and standards shall be subject to the provisions of Article XIX of the Rochester Zoning Code except as follows:
(a)
Parcel I, exception to §§ 120-158A(1)[2] and 120-159B(3). Any building facade facing Sullivan Street or Hoeltzer Street shall have an active building elevation which may or may not include windows and or building entrances. Where such facade does not comply with the window transparency requirement in § 120-159B(3), such facade must be set back from the street with a minimum ten-foot landscaped front yard.
[2]
Editor's Note: See now § 120-158B(1).
(7)
Off-street parking. Off street parking shall be subject to the provisions of § 120-173 of the Rochester Zoning Code except as follows:
(9)
Other requirements. Other requirements, including provisions regarding accessory uses and structures, air quality, dumpsters and refuse collection areas, floodplain regulations, landscaping buffers and screening, lighting, noise, off-street loading, off-street stacking requirements and outdoor storage, shall be subject to the provisions of Article XX of the Rochester Zoning Code.
I.
Midtown Urban Renewal District.
(1)
Land use regulations.
(a)
Development within the Midtown Urban Renewal District will be regulated by the Center City District (CCD) zoning. All of the requirements of the CCD contained in the Rochester Zoning Code shall apply, except proposed demolition is not subject to the requirements of § 120-65B.
(b)
The current zoning allows for a mix of uses within the district, most of which are consistent with the revitalization of the project area. Uses allowed in the Center City District but prohibited in the Midtown Urban Renewal District shall include:
(c)
Development shall be guided by the design principles outlined in Exhibit D of the Amended Midtown Urban Renewal Plan.
J.
Dewey-Driving Park Urban Renewal District.
(1)
(2)
South Area. Land uses within the South Area of the Dewey-Driving Park Urban Renewal District will be regulated by the C-2 Community Center District Zoning.
(a)
Uses allowed in the C-2 Community Center District but prohibited in the Dewey-Driving Park Urban Renewal District shall include:
(b)
Uses specially permitted in the C-2 Community Center District but prohibited in the Dewey-Driving Park Urban Renewal District shall include:
[1]
Amusement center;
[2]
Animal day care;
[3]
Drive-throughs;
[4]
Motels and hotels;
[5]
Private clubs;
[6]
Public utilities;
[7]
Research laboratories, including testing facilities;
[8]
Residential care facilities;
[9]
Homeless residential facilities;
[10]
Hospices;
[11]
Rooming houses;
[12]
Vehicle service stations; and
[13]
Vehicle repair of noncommercial vehicles.
(c)
All of the requirements of the C-2 Community Center District contained in the Rochester Zoning Code shall apply.
K.
Marketview Heights Urban Renewal District. See the Rochester Zoning Map.
(1)
Land uses within the Marketview Heights Urban Renewal District that are classified as U-R Marketview Heights O-S shall be regulated by the O-S Open Space zoning.
(2)
Land uses within the Marketview Heights Urban Renewal District that are classified as U-R Marketview Heights R-2 shall be regulated by the R-2 Medium-Density Residential zoning.
(3)
Land uses within the Marketview Heights Urban Renewal District that are classified as U-R Marketview Heights CCD-M shall be regulated by the CCD-M Center City District-Main Street zoning.
(4)
Land uses within the Marketview Heights Urban Renewal District that are classified as U-R Marketview Heights C-2 shall be regulated by the C-2 Community Center zoning.
(5)
Land uses within the Marketview Heights Urban Renewal District that are classified as U-R Marketview Heights M-1 shall be regulated by the M-1 Industrial zoning.
§ 120-121 Urban Renewal District procedures.
[Amended 6-17-2003 by Ord. No. 2003-183; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
The following procedures for site plan review, variance and amendment shall apply in all Urban Renewal Districts:
A.
Review of site and development plans. Site and development plans, including landscaping, shall be submitted to the Director of Zoning and Permitting for review and approval subject to site plan review. Prior to making a determination, the Director of Zoning and Permitting shall transmit such plans to the Secretary of the Urban Renewal Agency for review and comment with respect to the conformance of such plans with the respective Urban Renewal Plan and its objectives.
B.
Variance of plan regulations. Variances of Urban Renewal District regulations may be approved by the Zoning Board of Appeals, with the exception of use variances.
C.
Amendment. This article may be amended at any time by the City Council of the City of Rochester. An Urban Renewal Plan may be amended in accordance with procedures then in effect for the adoption of an Urban Renewal Plan per Article 15 of the General Municipal Law, § 505.
D.
Design review. All development and redevelopment in U-R Districts shall be subject to the city-wide design guidelines and standards in Article XIX and the requirements applying to all districts set forth in Article XX, except where modified by the land use regulations of the Urban Renewal Plans. When located in the CCD, only the requirements set forth in Article IX shall apply.
§ 120-121.1 Purpose.
A.
The T-P District is intended to provide compact areas to meet customer and employee parking needs of commercial, institutional and manufacturing or industrial uses while creating a transitional zone between such uses and nearby residential uses and avoiding the traffic and parking congestion and hazards in residential areas which frequently result from inadequate parking in neighboring nonresidential districts. The district is intended to prevent the expansion of industrial and commercial uses into their districts and, by requiring setbacks and landscaping, to assure attractive parking facilities that are compatible with adjoining residential uses.
B.
The T-P District existed under the 1975 Zoning Ordinance to provide areas for customer and employee parking for manufacturing and commercial uses adjacent to residential areas. Although there is no T-P District included under this chapter, certain areas will retain the T-P designation on the adopted Zoning Map and will be subject to the requirements of this Appendix until such time as the zoning designation changes.
C.
The T-P District shall be mapped on the Zoning Map. No new T-P District shall be established and no existing T-P District shall be expanded.
§ 120-121.2 Minimum district size and location limitations.
A.
No T-P District shall be created having an area less than 20,000 square feet in one contiguous, compact area.
B.
No T-P District shall be created unless such district abuts, or is directly across a street from, a C-2 or C-3 Commercial District, an Institutional Planned Development District or an M-1 Industrial District for a distance of not less than 40 feet.
§ 120-121.3 Permitted uses.
§ 120-121.4 Accessory uses and structures.
§ 120-121.5 Temporary uses.
§ 120-121.6 Space, bulk and yard requirements.
A.
Maximum height permitted. No portion of a building or structure located in a T-P District and separated from the district boundary line by only a required yard or a right-of-way, or both, shall exceed the maximum height permitted in the adjacent district nearest to such building or structure. Any portion of a building or structure separated from all T-P District boundary lines by a distance greater than the aforesaid yard and right-of-way shall not exceed the maximum height permitted in the nearest district plus one foot for each foot of said distance.
B.
Minimum yard requirements.
(1)
Front yards:
(a)
Fronting directly on:
[1]
An R District boundary line: lot, 10 feet; garage, 20 feet.
[2]
A C District boundary line: lot, 10 feet; garage, 10 feet.
[3]
An O-S District boundary line: lot, 10 feet; garage, 20 feet.
[4]
A PD District boundary line: lot, 10 feet; garage, 20 feet.
[5]
Any other district: lot, five feet; garage, five feet.
(b)
Notwithstanding any of the foregoing, any parking lot or garage located on a frontage, which lot or garage is directly adjacent to any property on the same frontage zoned in a residential district, shall maintain a front yard line equal to the average front yard line existing or required, whichever is less, for all property on such frontage included in any residential district.
(2)
Other yards:
(a)
Abutting a commercial or industrial district boundary line: zero feet.
(b)
Abutting a railroad right-of-way other than at a residential district boundary line: zero feet.
(c)
Abutting an O-S District boundary line: 10 feet or 1/2 the building height, whichever is greater.
(d)
Abutting any street: same as front yard.
(e)
All others: five feet or 1/3 of the building height, whichever is greater. Where property abuts a railroad right-of-way at a residential district boundary line, the setback shall be measured from such boundary line.
§ 120-121.7 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities regulations applicable in the T-P District are set forth in § 120-143 of this chapter.
§ 120-121.8 Use limitations.
The following conditions and limitations shall apply to, and be complied with by, all uses and structures located in the T-P District:
A.
Parking lots and garages in the T-P District shall be used exclusively for parking of passenger vehicles.
B.
Parking lots and garages in the T-P District shall be equipped and controlled to a degree sufficient to discourage illegal parking, vandalism and other unlawful or nuisance-creating activities. When so equipped and controlled, such lots and garages may be operated 24 hours a day.
C.
Parking lots and garages in the T-P District shall be subject to all the provisions of § 120-173 of this chapter relating to the design and maintenance of parking lots and garages.
D.
No commercial repair work or services shall be conducted in any T-P District except as expressly authorized in a special permit issued in accordance with this section.
E.
No vehicular entrance or exit shall be located across the street from any property located in any residential district, and each entrance to and exit from any parking lot or garage shall be at least 20 feet from any property located in any residential district, except that, with the consent of the owners and residents of the affected property, which should be submitted in writing with the application, this requirement may be waived by City Council in cases of unusual physical or topographical conditions.
[Amended 6-17-2003 by Ord. No. 2003-183]
§ 120-122 Purpose.
The PD Planned Development Districts recognize a defined area for unified and integrated development and are intended to create more flexible development opportunities than would be possible through the strict application of the land use and development regulations of this chapter. Planned Development Districts allow diversification in the uses permitted and variation in the relationship of uses, structures, and open spaces and are conceived as cohesive unified projects with unique standards and regulations. The Zoning Map may be amended from time to time, by ordinance duly enacted by the City Council, to provide for planned development districts upon approval of a development concept plan as set forth herein. Planned Development Districts shall achieve the following objectives:
A.
An alternative development pattern in harmony with the objectives of various City and regional land use and development plans.
B.
A creative use of land and related physical development allowing an orderly transition from one land use to another.
C.
Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and height of structures in developments conceived as cohesive unified projects.
D.
Unique standards for site and building design.
E.
The preservation and enhancement of desirable site characteristics, such as open space, natural topography, vegetation and geologic features and the prevention of soil erosion.
§ 120-123 Location.
The Planned Development District shall be applicable to any area of the City of Rochester where the applicant can demonstrate that the characteristics of the development will satisfy the intent and objectives of this chapter. Where a planned development is deemed appropriate, the rezoning of land to a Planned Development District will replace all use and dimensional specifications contained elsewhere in this chapter.
§ 120-124 District ownership and size,
A.
All owners of the tract shall be included as joint applicants on all applications, and all approvals shall bind all owners. The violation of any owner as to any tract shall be deemed a violation as to all owners and all tracts.
B.
No PD District shall be established having an area of less than two contiguous acres.
§ 120-125 Requirements and standards.
A.
The requirements and standards for a Planned Development District shall be determined for each individual project. At a minimum, the Planned Development District shall include:
B.
Planned developments shall be served adequately by, and shall not impose an undue burden upon, essential public facilities and services such as highways, streets, traffic control signals and devices, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools. Where any such facility or service is not available or adequate to service the planned development, the applicant shall be responsible for establishing his or her ability, willingness and binding commitment to provide such facilities and services.
[Amended 2-14-2006 by Ord. No. 2006-22]
C.
All covenants, deed restrictions, easements and similar restrictions to be recorded in connection with a Planned Development District shall provide that they may not be modified, removed or released without the express consent of the City Council and shall provide that they may be enforced by the City of Rochester in addition to the landowners within the Planned Development Districts. Additionally, such documents shall require expiration and reverter language to remedy nonperformance.
§ 120-126 Procedures for planned development districts.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Development concept plan approval and amendments.
(1)
Development concept plan. The development concept plan is any plan hereinafter adopted by the City Council, after notice and a public hearing, for the development or redevelopment of an area with specific geographic boundaries, which clearly identifies the purposes of the development or redevelopment and involves one or more elements of land acquisition, site clearance, rehabilitation or construction of buildings, construction or reconstruction of public improvements and land disposition and which is specifically designated a "development concept plan" for purposes of this chapter.
(2)
The applicant shall provide a development concept plan showing in its entirety the basic scope, character and nature of any proposed planned development district or amendment thereof of a previously approved development concept plan. The development concept plan or amendment to a development concept plan shall include:
(3)
The applicant may, at its option, submit an incremental development plan in accordance with § 120-126B for the planned development district simultaneously with the submission of the development concept plan. In such case, the applicant shall comply with all provisions of this chapter applicable to submission of the development concept plan and to submission of the incremental development plan.
(4)
Action by the Director of Zoning and Permitting. The development concept plan for proposed planned developments, amendments to existing planned developments and incremental development plans shall be subject to site plan review in accordance with § 120-191D.
(5)
(6)
Action by City Council.
(a)
Within 40 days following the receipt by the City Council of the report of the Planning Commission, or its failure to act as above provided, the City Council shall conduct a public hearing. The City Council shall:
[1]
Deny the development concept plan;
[2]
Refer it back to the Planning Commission for further consideration of specified matters; or
[3]
By ordinance duly adopted, approve the development concept plan, with or without modifications to be accepted by the applicant as a condition of such approval, and amend the Zoning Map of the City to designate the area included in the approved plan as "Planned Development District Number _."
[a]
If the development concept plan is approved with conditions, the Zoning Map shall not be amended until the applicant has filed with the Director written consent to such conditions.
[b]
In the event that a development concept plan is approved, or approved with conditions acceptable to the applicant, no development shall be permitted unless and until an incremental development plan has been submitted and approved in accordance with the provisions of this chapter.
B.
Incremental development plan approval.
(1)
Incremental development plan. The incremental development plan is a plan showing development occurring wholly within the boundaries of an approved planned development district which complies with all of the standards and requirements of the development concept plan approved for the district.
(2)
All incremental development plan approvals shall require site plan approval as set forth in § 120-191. Application requirements are set forth in § 120-189E(l).
(3)
In addition to the requirements of site plan approval, if the Director finds substantial conformity with the development concept plan and finds the incremental development plan to be in all other respects complete and in compliance with any conditions imposed by approval of the development concept plan, the Director shall approve the incremental development plan. An incremental development plan shall be deemed not to be in substantial conformity with an approved development concept plan if it:
(a)
Exceeds by more than 10% the maximum parking, height, lot coverage or yard requirements approved for the planned development district;
(b)
Decreases by more than 10% the area approved for public and private open space or significantly changes the general location of such areas;
(c)
Substantially relocates approved public circulation elements to any extent that would significantly decrease their functionality, adversely affect their relation to surrounding lands and circulation elements, or significantly reduce their effectiveness as buffers or amenities;
(d)
Significantly alters the arrangement of land uses within the planned development district;
(e)
Provides for uses not included in the approved development concept plan; or
(f)
Exceeds the maximum density for residential uses and the maximum floor area ratio for nonresidential uses.
(4)
Amendments to an incremental development plan. An approved incremental development plan may be amended or varied by submitting a new site plan to the Director of Zoning and Permitting in accordance with § 120-191D(5)(e). In the case that the adjustments exceed the thresholds established for the Director of Zoning and Permitting by the development concept plan, the development concept plan must be amended as provided in this section for original development concept plan approval.
C.
Limitations to approvals.
(1)
A development concept plan shall become null and void one year after the filing date with the City Clerk, and the zoning district shall revert to the prior zoning district if an incremental development plan is not submitted for approval.
(2)
An incremental development plan approval shall become null and void six months after the date on which it was issued unless a building permit is obtained and maintained.
D.
Appeal.
(1)
Appeals of a decision by the Director of Zoning and Permitting on an incremental development plan shall be taken to the City Planning Commission within 30 days of the decision.
(2)
An appeal from any final decision of the Planning Commission as to any matter regarding the planned development district may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
E.
Current plan submission.
(1)
Current plan. The current plan is a complete, comprehensive and permanent public record of a planned development district. The current plan is intended only to put in final form the information contained in the development concept plan and shall conform to all prior approved and all approved conditions thereof resulting from the planned development district process. The current plan shall consist of a site map that reflects all approved incremental development as well as the development concept plan for all areas not yet approved through an incremental development plan. It shall also contain references to all development concept plan components outlined in § 120-126A.
(2)
A current plan must be submitted prior to any applications for amendments to the approved development concept plan or with request for approval of incremental development plans.
§ 120-127 Personal wireless telecommunication facilities (PWTF).
Personal wireless telecommunication facilities in the PD District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
§ 120-129 Purpose.
A.
The purpose of this article is to place restrictions on specific uses, both permitted and specially permitted, because of the potential impacts to surrounding properties. These restrictions are applied to a project to mitigate impacts including noise, off-site parking, traffic, unsightliness, odors, dust and fumes. The regulations promote the public health, general safety and neighborhood character of the immediate neighborhood and the larger community.
B.
For uses listed in this article that require a special permit, the Planning Commission may waive any of the requirements imposed by this article when it finds such action is warranted by reason of the unique physical conditions of the particular property or by reason of the particular character of surrounding properties. For those instances when a use listed in this article is a permitted use, an area variance from the Zoning Board of Appeals shall be required to waive any of the requirements imposed by this article. Prior to making a waiver determination, the Planning Commission or the Zoning Board of Appeals shall evaluate the following factors:
[Amended 9-19-2017 by Ord. No. 2017-299]
(1)
The size and intensity of such use.
(2)
The capacity of adjacent and feeder streets to handle peak traffic loads and hazards created by the use.
(3)
The obstruction of light or air or the emission of noise, light, smoke, odor, gas, dust or vibration in noxious or offensive quantities, and the distance between offensive processes and adjacent properties.
(4)
The overall effect on values and utilization of neighboring properties.
(5)
Unusual topography of the location, and the nature, location and height of buildings, walls, stacks, fences, grades and landscaping on the site.
(6)
The extent, nature and arrangement of parking facilities, entrances and exits.
(7)
Problems of fire and police protection.
(8)
Preservation and/or upgrading of the neighborhood character.
(9)
The availability of adequate sewer and water supply.
(10)
All other standards prescribed by these regulations.
§ 120-130 Adaptive use of designated landmarks.
Adaptive use of designated landmarks shall be subject to the following requirements:
A.
A portion or all of the structure may be converted to offices.
B.
No exterior alterations shall be allowed which are necessitated solely by the introduction of this adaptive use in the landmark.
C.
No signs may be erected, installed or maintained in excess of those provided for in the district.
D.
Off-street parking shall be provided as required by the regulations of § 120-173 applicable to the use, unless the Planning Commission shall find on the basis of the evidence presented to it that some reduction of such requirements is warranted. No parking may be permitted in front of a landmark structure.
§ 120-131 Ancillary parking lots and garages.
Ancillary parking lots and garages shall be subject to the following additional requirements:
A.
Ancillary parking lots and garages shall only be allowed in the district where the principal use is located or a less restrictive district.
B.
Ancillary parking lots and garages shall be subject to all the provisions of § 120-173, Off-street parking, and all the lot, area, yard and bulk requirements of the applicable zoning district.
[Amended 7-27-2004 by Ord. No. 2004-240]
C.
Ancillary parking lots and garages shall be used exclusively for parking of passenger vehicles.
D.
Ancillary parking lots and garages shall be equipped and controlled to discourage illegal parking, vandalism and other unlawful or nuisance-creating activities. When so equipped and controlled, such lots and garages may be open 24 hours a day.
E.
No commercial repair work or services of any kind shall be conducted in any ancillary parking lot or garage.
F.
No sign of any kind other than designating entrances, exits and conditions of use shall be maintained on any ancillary parking lot or garage.
§ 120-132 Bed-and-breakfast establishments.
Bed-and-breakfast establishments shall be subject to the following requirements:
A.
No alteration to either the exterior or the interior of any principal or accessory structure shall be made which changes the character and appearance of the residential premises.
B.
Only rooms originally designed as bedrooms shall be used for guest lodging.
C.
Guest parking shall include one off-street parking space for each bedroom.
D.
No sign, other than one unlit address sign not more than two square feet in area, shall be permitted.
§ 120-133 Car washes.
Car washes shall be subject to the following requirements:
A.
All vehicular access shall be from an arterial or collector street.
B.
All machine washing and machine drying operations shall be conducted within a building.
C.
The building exit for automobiles that have completed the washing and machine drying process shall be set back a minimum of 50 feet from the nearest point of any street property line.
D.
No washing, vacuuming, steam cleaning, waxing, polishing or machine drying operation, and no building within which such operations are conducted, shall be permitted within 100 feet of a residential district.
E.
All lot lines abutting or adjacent to residential districts or uses shall be screened by a solid masonry wall or fence not less than four feet nor more than six feet in height.
F.
Perimeter landscaped open space shall be provided in the front yard.
G.
All entrance and exit lanes and parking areas shall be surfaced with an asphalt or portland cement binder pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all surface water accumulation.
§ 120-134 Commercial uses in multifamily dwellings in residential districts.
Commercial uses in multifamily dwellings over 20 units shall conform to the following:
§ 120-135 Day-care centers.
§ 120-136 Drive-throughs.
[Amended 9-21-2010 by Ord. No. 2010-323]
Drive-throughs shall be subject to the following requirements:
A.
Except in C-3 and M-1 Districts, all elements associated with drive-throughs, including but not limited to service windows, vehicular queuing lanes, menu boards and intercoms, shall be prohibited in the front yard and shall not be located to prevent direct pedestrian access from the public right-of-way to the principal building.
B.
When adjacent to residential uses, drive-throughs, including both the facility and queuing lanes, shall be screened from the adjacent residential properties.
§ 120-137 Entertainment.
[Amended 11-12-2019 by Ord. No. 2019-325]
Establishments offering public entertainment, excluding all sexually oriented uses, shall be subject to the following requirements:
A.
The portion of the building used for entertainment shall have no openings facing any adjacent residentially zoned or developed property other than stationary insulated glass windows that shall be screened or draped in a manner to prevent the direct glare of beams onto such adjacent property.
B.
The applicant shall provide a number of off-street parking spaces equal to 1/2 the maximum allowable occupancy of the use, as determined by the Fire Marshal of the City or a designated agent.
§ 120-138 Firearms sales, storage and display.
Firearms sales, storage and display, including ammunition and explosives, shall be subject to the requirements set forth in Chapter 47 of the City Code.
§ 120-139 Home occupations.
Home occupations shall be subject to the following requirements:
A.
No more than 25% of the floor area of the dwelling unit shall be devoted to the home occupation. This requirement shall not apply to family day-care homes.
B.
No stock-in-trade shall be displayed or sold on the premises.
C.
There shall be no outdoor storage of commercial vehicles, equipment or materials used in the home occupation.
D.
Commercial vehicles shall not be permitted in connection with any home occupation.
E.
No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.
F.
No home occupation shall be permitted which is noxious, offensive or hazardous by reason of hours of operation, vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.
G.
No signage shall be allowed in the R-1 District. In all other districts one unlighted sign not over one square foot in area attached flat against the dwelling and displaying only the occupant's name and occupation shall be permitted to advertise the presence or conduct of the home occupation.
H.
Instruction for no more than five attendees shall be allowed.
I.
Any building or lot where more than two domesticated animals are housed, groomed, bred, boarded or trained shall not be considered a home occupation.
§ 120-140 Homeless residential facilities.
Homeless residential facilities shall be subject to the following requirements:
A.
Families with children shall be sheltered in space other than an open dormitory style shelter.
B.
A homeless residential facility shall provide a minimum of 80 square feet per bedroom.
C.
In residential structures, only habitable rooms originally designed as bedrooms shall be used for lodging.
[Amended 6-17-2003 by Ord. No. 2003-183]
D.
A homeless residential facility shall provide interior common areas totaling 20 square feet per bed or 150 feet, whichever is greater. Common areas may be provided in any habitable room or rooms that are available to all residents at all times.
E.
A homeless residential facility shall provide 50 square feet of open space per person or 200 square feet, whichever is greater. In addition to yard areas, this requirement may be provided in open porches or decks.
§ 120-141 Homeless shelters.
Homeless shelters shall be subject to the following requirements:
A.
Each homeless shelter shall provide a minimum of 50 square feet of exterior common/open space per person.
B.
A minimum of three feet will be maintained between beds on a regular basis.
C.
There will be a minimum of one toilet and sink for every 10 residents and a minimum of one tub or shower for every 15 residents.
D.
All homeless shelter applications shall, as part of the special permit, provide the following:
(1)
A crime prevention and crime awareness program that is developed in conjunction with and approved in writing by the Police Department. The Police Department, as part of this approval, will review the site plan and the location of all lighting.
(2)
A litter control program must include at least two trash receptacles on site for customer use, located next to walkways. At a minimum, the program must also address daily on-site litter pickup, customer awareness activities, and off-site litter pickups.
(3)
A loitering control program is required and must, as a minimum, address such things as locating telephone booths, benches, tables, and other activity areas where they can be viewed and controlled by the employees.
(4)
Information addressing the concentration of homeless shelters, as indicated by the location of other homeless shelters and similar uses within 1/4 mile of the proposed use.
E.
The person on duty must be able to monitor the grounds, facility and resident activities to help prevent theft and physical harm.
§ 120-142 Junkyards or salvage yards.
[Amended 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
In addition to the requirements set forth in Chapter 66 of the Municipal Code, junkyards and salvage yards shall be subject to the following requirements:
A.
Junkyards shall be located at least 1,000 feet from any residential, planned development, Village Center, or open space district or the Genesee River or the CCD and at least 500 feet from any commercial district.
B.
No curb cuts or driveways that provide access from a local or a collector street shall be used or established.
C.
No curb cuts or driveways shall be located within 150 feet of any residential, planned development or open space district boundary line.
D.
In the event that a protest is presented to the Director of Zoning and Permitting no later than 24 hours before the Planning Commission is scheduled to consider the special permit, which protest is duly signed and acknowledged by the owners of 20% or more of the total of all properties located in Residential, Planned Development and Open Space Districts within 1,000 feet of the subject property and in Commercial Districts within 500 feet of the subject property, a special permit shall not be approved except by a three-fourths vote of the Planning Commission.
§ 120-142.1 Live-work space.
[Added 6-17-2003 by Ord. No. 2003-183]
Live-work spaces shall be subject to the following requirements:
A.
Uses shall include but not be limited to studios for artists, crafters, photographers, composers, writers and other uses of similar impact and intensity.
B.
Studio uses shall be conducted for gain or support entirely within a residential building, or a structure accessory thereto, which is secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.
C.
Retail sales are prohibited, except the display or sale of art objects produced on site which is incidental and secondary to the studio use.
D.
Live-work space is limited to occupant(s) of the dwelling. No employees are allowed in the conduct of the profession, occupation or trade.
§ 120-143 Personal wireless telecommunication facilities (PWTF).
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
The purpose of this section is to provide sound land use policies, procedures and regulations for personal wireless telecommunication facilities. These will protect the community from the visual or other adverse impacts of these facilities, while encouraging unobtrusive development, and will ensure comprehensive wireless telecommunication service in the City of Rochester with its benefits to residents and businesses. The standards reflect a policy that expresses a preference that antennas be located on existing buildings and towers rather than on newly constructed towers. The regulations of this section shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all personal wireless communication facilities. The regulations of this section relate to the location and design of these facilities and shall be in addition to the provisions of the Rochester Building Code and any other federal, state or local laws or Federal Communication Commission (FCC) regulations pertaining to such facilities. Where the following standards and requirements of this section are not met, a special permit shall be required.
A.
District standards.
(1)
Residential and CCD Districts.
(a)
Antennas on buildings. Antennas on buildings are permitted on all buildings which are four stories or greater in height, provided that the antennas and related support structures do not extend more than 20 feet above the roofline.
(b)
Antennas on existing towers. Antennas on existing telecommunication towers or other structures shall require a special permit unless otherwise allowed by the terms of a prior special permit.
(c)
Telecommunication towers. Telecommunication towers shall require a special permit and shall be subject to the additional design standards set forth in this section.
(2)
Commercial Districts.
(a)
Antennas on buildings. Antennas are permitted on all buildings which are four stories in height or greater, provided that the antennas and related support structures do not extend more than 20 feet above the roofline of such buildings.
(b)
Antennas on existing towers. Antennas on existing telecommunication towers or other structures shall be permitted unless otherwise restricted pursuant to the terms of a prior special permit.
(c)
Telecommunication towers. Telecommunication towers shall be permitted in the C-3 District, provided that the base of the tower is located at least 100 feet from the nearest residential, open space or preservation district or landmark and the height of the tower does not exceed 100 feet. In other commercial districts, towers shall require a special permit and shall be subject to the design standards set forth in this section.
(3)
Village Center Districts.
(a)
Antennas on buildings. Antennas on buildings shall require a special permit.
(b)
Antennas on existing towers. Antennas on existing telecommunication towers or other structures shall require a special permit unless otherwise allowed pursuant to the terms of a prior special permit.
(c)
Telecommunication tower. Telecommunication towers shall be prohibited in this district.
(4)
M-1 District.
(a)
Antennas on buildings. Antennas are permitted on all buildings, provided that the height above grade does not exceed 100 feet and provided that antennas and related support structures that extend more than 20 feet above a roof are set back at least 100 feet from the nearest residential, open space or preservation district or landmark.
(b)
Antennas on existing towers. Antennas on existing telecommunication towers or other structures are permitted unless otherwise restricted pursuant to the terms of a prior special permit.
(c)
Telecommunication tower. Telecommunication towers are permitted provided that the height of the tower does not exceed 100 feet, and provided that the tower is located at least 100 feet from the nearest residential, open space, preservation district or landmark.
(5)
Open Space District.
(a)
Antennas on buildings. Antennas on buildings shall require a special permit.
(b)
Antennas on existing structures. Antennas on existing telecommunication towers or other structures shall require a special permit unless otherwise allowed pursuant to the terms of a prior special permit.
(c)
Telecommunication tower. Telecommunication towers shall require a special permit and shall be subject to the design standards set forth in this section.
(6)
Preservation Districts.
(a)
Antennas on buildings. Antennas on buildings shall require a special permit and shall be subject to the design standards set forth in this section.
(b)
Antennas on existing structures. Antennas on existing telecommunication towers or other structures shall require a special permit, unless otherwise allowed by the terms of a prior special permit.
(c)
Telecommunication tower. Telecommunication towers are prohibited.
(7)
Landmarks. Telecommunication antennas and towers are prohibited.
(8)
U-R Districts. All telecommunication facilities in the U-R Districts shall be treated as in the underlying district.
B.
Design standards. The following design standards shall apply to antennas and telecommunication towers installed or constructed pursuant to the terms of this chapter:
(1)
Co-location. Telecommunication towers shall be designed to provide for co-location by two providers or designed so that they can be retrofitted to accommodate two providers.
(2)
Fencing. The base area of a tower shall be enclosed with a fence not less than six feet in height.
(3)
Landscaping. Landscaping shall be provided along the perimeter of the tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall be landscaped. Compensatory site improvements may be provided in lieu of base area landscaping at the discretion of the Director of Zoning and Permitting.
(4)
Signs. Signs shall not be permitted on towers except for signs displaying owner contact information and safety instructions. Such signs shall not exceed five square feet in surface area.
(5)
Color. Towers shall either be gray in color, have a galvanized finish or be colored appropriate to the tower's locational context to the extent that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
(6)
Access. Access to tower or monopole areas shall be from established site access points whenever possible.
(7)
Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet.
(8)
FAA standards. Antennas and support structures required to be lighted and painted other than gray or a galvanized finish by FAA regulations shall be allowed only upon the issuance of a special permit subject to the additional standards set forth in this section.
(9)
Accessory equipment. Accessory equipment may be located within an existing building, or in newly constructed buildings and structures when limited to 400 square feet in floor area.
(10)
Significant architectural features. PWTC shall not obscure significant architectural features or details of buildings or other structures.
C.
Bulk, space and yard requirements.
(1)
Height. Except as otherwise restricted by this section, antennas located on buildings and other structures and towers shall be subject to the applicable district regulations pertaining to height as well as all Overlay Airport (O-A) District regulations .
D.
Additional requirements and standards.
(1)
Personal wireless telecommunication facilities application.
(a)
Each application for a certificate of zoning compliance for a personal wireless telecommunication facility shall be accompanied by a plan which shall reference all existing personal wireless telecommunication facility locations in the applicant's City of Rochester inventory, any such facilities in the abutting towns which provide service to areas within the City of Rochester and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing wireless facilities.
(b)
In lieu of the submission of the above reference plan with each certificate of zoning compliance application, a provider may submit an annual personal wireless telecommunication facility plan containing the aforementioned information for the calendar year. Such annual plan shall be filed with the Director of Zoning and Permitting no later than January 31 of a respective calendar year.
(c)
Special permit applications required by this section shall be accompanied by an updated annual plan.
(2)
Special permit applications. In addition to the requirements and standards for special permit applications outlined in § 120-192, the following requirements and standards shall apply:
(a)
Special permit applications for towers and antennas on buildings proposed in residential, C-1 and C-2 Districts and antennas on buildings in preservation districts shall be subject to the following additional standards:
[1]
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the subject site was chosen.
[2]
The Planning Commission may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The service provider shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. In no case shall the fee be more than 5% of the total project cost as determined for building permit fee assessment purposes.
[3]
The provider shall document, to the satisfaction of the Planning Commission, that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures and that the proposed location is necessary to provide adequate service to the public.
(b)
In reviewing special permit applications required by this section, the Planning Commission shall consider the City's policy preferring that antennas are located on existing buildings, towers and other structures, rather than on newly constructed towers. When considering appropriate height in conjunction with such applications, the Planning Commission shall be more permissive when a facility is proposed for co-location by more than one service provider and less permissive when the facility is proposed for use by a single provider.
(3)
Discontinuance of use. If the use of any facility is discontinued, the provider shall notify the Director of Zoning and Permitting within 90 days of such discontinuance. If the facility will be retained, the provider shall establish that the facility will be reused, and all necessary approvals obtained, within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Director of Zoning and Permitting, upon good cause shown, the one-year period for removal may be extended for a period not to exceed one additional year.
E.
Temporary installations. Temporary personal wireless telecommunication facilities erected to meet peak service needs for special community events shall require only a certificate of zoning compliance.
F.
Exceptions and explanatory notes.
(1)
Personal wireless telecommunication facilities may be repaired or maintained without restriction.
(2)
Antennas may be replaced in kind without restriction.
(3)
Other structures as referenced in this section include freestanding structures as well as structures attached to or located on buildings, such as antenna support structures, church spires, belfries, cupolas, domes, monuments, water towers, observation towers, penthouses, windmills, solar energy collectors and equipment used for the monitoring or operation of such collectors, chimneys, smokestacks, flagpoles, masts and similar structures.
§ 120-144 Public utilities.
Public utilities, except personal wireless telecommunication facilities, shall be subject to the following requirements:
A.
Any structure shall be set back not less than 25 feet from all property lines or the minimum setback requirements of the applicable zoning district, whichever is greater.
B.
No parking or storage areas/facilities shall be located in the front setback.
D.
The storage of vehicles and equipment on the premises shall be prohibited.
E.
All buildings and structures shall either have exteriors which give the appearance of a structure permitted in the district where located or shall be screened from view from any private property located in any residential district; any such screening located in or adjoining any front yard shall be limited to vegetation which provides effective year-round screening.
F.
All such uses shall be fenced where any hazard to the safety of human or animal life is present.
G.
No service or storage yard or building shall be permitted except as permitted for other uses in the district.
H.
The level of noise emanating from such use shall not exceed 66 decibels (dB) by day and 45 dB by night measured at any lot line which is also the lot line of a property in a residential or planned development zoning district, or a permitted or specially permitted residential use in any other zoning district, if the residential use was established prior to the establishment of the utility.
§ 120-145 Recycling centers.
Recycling centers shall be subject to the following requirements:
A.
No curb cuts or driveways that provide access from a local or a collector street shall be used or established.
B.
No curb cuts or driveways shall be located within 150 feet of any residential, planned development or open space district boundary line.
C.
Recycling centers shall be located at least 500 feet from any residential, planned development or open space district.
§ 120-146 Residential care facilities.
Residential care facilities shall be subject to the following requirement:
A.
No residential care facility shall be located within 1/4 mile of any other existing residential care facility regardless of municipal boundary lines.
§ 120-146.1 (Reserved) [1]
[1]
Editor’s Note: Former § 120-146.1, Retail sales and service and pawnbrokers, added 9-19-2012 by Ord. No. 2012-363, as amended, was repealed 8-9-2016 by Ord. No. 2016-263.
§ 120-147 Rooming houses.
Rooming houses shall be subject to the following requirements:
A.
There shall be one staff person for each 15 residents.
B.
No alteration to either the exterior or the interior of any principal or accessory structure shall be made which changes the character and appearance of the residential premises.
C.
Only habitable rooms originally designed as bedrooms shall be used for lodging.
D.
Each rooming house shall provide usable exterior open space, which may include any required yard area, of at least 200 square feet per unit.
E.
Each rooming house shall provide interior common areas totaling at least 20 square feet per unit or 150 square feet, whichever is greater. Interior common space may be provided in any habitable room or rooms that are available to all residents at all times.
F.
Each rooming house shall provide a minimum lot area of 750 square feet per unit.
G.
Each rooming house shall provide 1/2 off-street parking space per rooming unit.
§ 120-148 Sexually oriented businesses.
The purpose of this section is to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the City. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any speech, including sexually oriented speech. Similarly, this section is not intended to effect the restriction or denial of access by adults to speech protected by the First Amendment and New York Constitution, or to deny access by the distributors and exhibitors of sexually oriented speech to their intended market. Neither is the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. Sexually oriented businesses shall be subject to the following requirements:
A.
Single adult use per location. There shall only be one sexually oriented business permitted on a single premises.
B.
Measurement.
(1)
Stock-in-trade: the number of items in stock in the sales and display area at the time of a site inspection. The number of sexually oriented items shall be calculated as a percentage of total items.
(2)
Sales and display area: the entire interior floor space of a business establishment devoted to sales and display, including aisles, measured in square feet at the time of a site inspection. The floor space devoted to sales and display of sexually oriented materials shall be calculated as a percentage of total sales and display area.
(a)
Where sexually oriented materials are physically separated from other materials by an eight-foot wall, the separate sales and display area (including any aisles) shall be compared to the total sales and display floor area.
(b)
Where floor area includes a mixture of sexually oriented material with any other material, it shall be counted as sexually oriented. Any such area shall include 1/2 of the area of any aisles adjacent to the display or sales of sexually oriented materials.
C.
Supplemental standards.
(1)
Adult arcade , adult cabaret or adult retail store . An adult arcade, adult cabaret, or adult retail store shall be licensed by the City of Rochester and operated in accordance with Chapter 98 of the City Code.
(2)
Adult movie theater . An adult movie theater shall be licensed by the City of Rochester and operated in accordance with Chapter 98 of the City Code. All aisles shall have theater runway and aisle lighting that illuminates the entire floor surface of the aisle at a level of not less than 0.2 footcandle.
(3)
Adult retail store, limited .
(b)
The store shall separate all sexually oriented material from other sales and display areas using an opaque wall at least eight feet in height. Such an area shall incorporate a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter.
(c)
The owner or operator shall have the affirmative duty to prevent the public display of sexually oriented material at or within the portions of the business open to the general public.
(d)
The store shall not advertise or hold itself out in any forum as "X...," "adult," "sex," or otherwise as a sexually oriented business.
D.
Separation requirements.
(1)
Measurement. The following separation requirements shall be measured from the lot line of a sexually oriented business to the lot line of a protected use or other sexually oriented business listed below. Where a multi-tenant facility such as a shopping center is involved, measurement shall occur from the boundary of the leasehold interest instead of the property line.
(2)
Protected uses. For the purpose of measuring separation from sexually oriented businesses, "protected uses" shall include the following:
[Amended 7-19-2011 by Ord. No. 2011-247[1]]
(a)
Public and semipublic uses, except police and fire stations;
(b)
Indoor or outdoor stadiums;
(c)
Places of worship; and
(d)
Cultural entertainment facilities.
[1]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
(3)
(4)
Location of sexually oriented businesses.
Use | C-1 | C-2 | C-3 | M-1 |
|---|---|---|---|---|
Adult arcade | Not permitted | Not permitted | Not permitted | P |
Adult cabaret | Not permitted | Not permitted | Not permitted | P |
Adult movie theater | Not permitted | Not permitted | Not permitted | P |
Escort agency | Not permitted | Not permitted | P | P |
Retail store (up to 10% sexually oriented materials) | P | P | P | P |
Retail store (limited 10% to 40%) | Not permitted | P | P | P |
Retail store, adult | Not permitted | Not permitted | P | P |
E.
Specific nonconforming use provisions. A sexually oriented business lawfully operating in conformance with this chapter and Chapter 98 shall not be rendered a nonconforming use by the location, subsequent to its lawful establishment and licensing (if required), of a protected use listed in Subsection D(2) of this section which results in a violation of the distance requirements in this section.
§ 120-148.1 Shooting ranges.
[Added 7-19-2011 by Ord. No. 2011-247; amended 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
In addition to the requirements set forth in Chapter 99 of the Municipal Code, shooting ranges shall be subject to the following requirements:
A.
Shooting ranges shall be located at least 1,000 feet from any residential, village center, planned development or open space district, the Genesee River or the CCD and at least 500 feet from any commercial district.
B.
In the event that a protest is presented to the Director of Zoning and Permitting no later than 24 hours before the Planning Commission is scheduled to consider the special permit, which protest is duly signed and acknowledged by the owners of 20% or more of the total of all properties located in residential, village center, planned development and open space districts within 1,000 feet of the subject property and in commercial districts within 500 feet of the subject property, a special permit shall not be approved except by a three-fourths vote of the Planning Commission.
§ 120-148.2 Solar energy system.
[Added 9-16-2015 by Ord. No. 2015-295; amended 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
Solar energy systems shall be subject to the following requirements:
A.
The application for any approval of a solar energy system under this chapter shall include:
(1)
A screening/landscaping plan that specifies the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system; and
(2)
A detailed safety plan specifying the measures that will be used to prevent public access to unsafe areas and to provide for emergency response, including but not limited to the location, height, materials, and colors of fencing and other barriers to access and a safety signage plan that contains the locations, sizes and text of signs that will be used to warn the public away from unsafe areas and that shall include the name and phone number of an official of the owner or operator who can be contacted in the event there is an emergency or any question about safety.
B.
No element of the system shall reflect sunlight or glare onto a neighboring property, public right-of-way, or aircraft flight path.
C.
All solar energy system structures shall meet the district setbacks, provided that the setback from areas zoned or used residentially and from public rights-of-way shall be no less than 50 feet.
D.
No grid-tied solar energy system shall be installed until evidence is provided that the owner is approved by the utility company to install the system.
E.
The solar energy system shall be removed, at the owner's or operator's expense, within 180 days of determination by the Director of Zoning and Permitting that the system is no longer being maintained in an operable state of good repair or no longer supplying solar power.
(1)
Removal shall include solar collectors, cabling, electrical components, accessory structures, and any associated facilities below grade.
(2)
Disturbed earth shall be graded and reseeded, unless the Director of Zoning and Permitting approves a written request by the property owner that internal roads or other site improvements are not to be restored.
§ 120-149 Temporary uses.
[Amended 6-16-2009 by Ord. No. 2009-179; 5-20-2014 by Ord. No. 2014-127; 10-18-2016 by Ord. No. 2016-325; 6-20-2017 by Ord. No. 2017-170; 7-18-2017 by Ord. No. 2017-202; 9-19-2017 by Ord. No. 2017-299; 10-13-2020 by Ord. No. 2020-316; 6-17-2025 by Ord. No. 2025-209]
Except as otherwise expressly provided in this section, temporary uses are permitted in any zoning district subject to the standards hereinafter established and subject to the issuance of a certificate of zoning compliance.
A.
Particular temporary uses permitted. Subject to the specific regulations and time limits that follow, and to the other applicable regulations of the district in which the use is permitted, the following temporary uses of land are permitted in the zoning districts herein specified:
(2)
Carnival or circus.
(a)
A carnival or circus may be permitted in any commercial or industrial district or in any residential district on property owned by any not-for-profit group or organization and when approved by the Director of Zoning and Permitting on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of any undue adverse impact on surrounding properties in the residential district.
(b)
Such use shall be limited to a period not to exceed 21 days.
(c)
Such use need not comply with the front yard requirements of this chapter, except that structures or equipment that might block the view of operators of motor vehicles on the public streets shall not be located within 30 feet of the intersection of the curblines of any two streets.
(d)
Such use need not comply with the maximum height requirements of this chapter.
(3)
Contractors' offices, equipment sheds and construction staging areas.
(a)
Contractors' offices, equipment sheds and construction staging areas containing no sleeping or cooking accommodations may be permitted in any district when accessory to a construction project.
(b)
Temporary storage shall be allowed as an accessory use to the contractor's office or equipment shed.
(c)
Such use shall be limited to a period not to exceed the duration of such project.
(5)
Indoor and outdoor art and craft shows, exhibits and sales.
(6)
Manufactured structure.
(a)
A manufactured structure may be permitted in any district as a temporary structure during the reconstruction of a unit damaged or destroyed by any means not within the control of the owner of such unit.
(b)
Such use shall be limited to the period of such reconstruction, and in any event no longer than 12 months following such damage or destruction.
(c)
No such use shall be undertaken unless such manufactured structure shall have first been properly connected to City water and sewer lines and to all required public utilities.
(7)
Real estate offices.
(a)
Real estate offices containing no sleeping or cooking accommodations unless located in a model dwelling unit may be permitted in any district when accessory to a new housing development.
(b)
Such use shall be limited to the period of the active selling or leasing of dwelling units in such development.
(8)
Seasonal sales.
(a)
Seasonal sales, including but not limited to Christmas tree sales, may be permitted in any commercial or industrial district and in any residential district on property owned by any not-for-profit group or organization when conducted by such group or organization and when approved by the Director of Zoning and Permitting on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on other properties in the residential district.
(b)
Such use shall be limited to a period not to exceed 45 days.
(c)
Display of Christmas trees need not comply with the yard and setback requirements of this chapter, except that no tree shall be displayed within 30 feet of the intersection of the curblines of any two streets.
(10)
Food truck, trailer and cart vending, subject to the following:
(a)
The Director of Zoning and Permitting may approve up to 60 food vending events per calendar year, except for:
[1]
Special events approved through the Communications Office;
[2]
Events approved by the Director of the Public Market on Public Market property;
[3]
Food vending in public parks approved by the Department of Recreation and Human Services and/or the Monroe County Parks Department;
[4]
Food vending included in the approval of farmer's markets operating on private property.
(b)
Properties with the following legally established uses may apply for the temporary operation of food vending:
[1]
Single-family, two-family, and multifamily residential (up to two events per year);
[2]
Nonprofit, places of worship, and educational institutions (up to 60 events per year);
[3]
Government entities (up to 60 events per year);
[4]
Office, warehouse, industrial (up to 60 events per year);
[5]
Mixed-use, retail, bars/restaurants (up to 60 events per year).
(c)
Hours shall be limited to the permitted hours for outdoor uses in the zoning district. In no case shall food vending operations in residential districts be permitted between 9:00 p.m. and 9:00 a.m.
(d)
The Director of Zoning and Permitting shall notify all property owners, both within and outside the municipal boundaries of the City of Rochester, within 100 feet from the property line of approved food vending events occurring three or more times per calendar year, and the official neighborhood contacts. At a minimum, the owners of 15 properties shall receive such notification.
(e)
If the applicant for the temporary certificate of zoning compliance is not the property owner, the expressed, written permission of the property owner is required.
(f)
In all cases, the temporary certificate of zoning compliance is valid for the calendar year and may be renewed on an annual basis.
(g)
Food vending operations approved by a temporary certificate of zoning compliance shall also comply with all requirements and directives of the Rochester Fire Department and the Rochester Police Department.
(h)
The temporary certificate of zoning compliance shall only approve operation for food vending operators that possess a valid solicitor's license issued by the City Clerk's office.
(11)
Other temporary uses.
(a)
Other temporary uses found by the Director of Zoning and Permitting to comply with the provisions of this section, but in no case shall they exceed a period of 30 days.
(b)
Uses identified in specific districts in this chapter as prohibited, limited or specially permitted shall be limited to no more than 24 hours, no more than two times per year in that district.
B.
Parking. Before approving any temporary use, the Director of Zoning and Permitting shall make an assessment of the total number of off-street parking spaces which shall be reasonably required for the particular use, its intensity, and the availability of other parking facilities in the area and shall approve such temporary use only if such off-street parking is provided.
C.
Hours or days of operation. No temporary use shall be operated during any hours or on any days of the week except such as are designated by the Director of Zoning and Permitting in the certificate required by this section on the basis of the nature of the temporary use and the character of the surrounding uses.
§ 120-150 Truck centers.
Truck centers shall be subject to the following requirements:
A.
No curb cuts or driveways that provide access to or from a local or a collector street shall be used or established.
B.
No curb cuts or driveways shall be located within 150 feet of any residential, planned development or open space district boundary line.
C.
No trucks, tractors or trailers shall be maneuvered, parked, fueled, stored, loaded or unloaded within 100 feet of any residential, planned development or open space district boundary line.
D.
No vehicles or equipment accessory thereto shall operate engines or motors for refrigeration or other purposes between the hours of 10:00 p.m. and 7:00 a.m. the following day unless parked more than 150 feet from any residential, planned development or open space district boundary line.
E.
The applicant shall submit an analysis of the traffic impact of the proposed development that addresses the following:
§ 120-151 Vehicle rental services.
[Amended 12-20-2005 by Ord. No. 2005-394]
A.
Vehicle storage areas shall be surfaced with an asphalt or portland cement binder pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system connected to a public sewer system.
B.
No repairs, other than minor repairs, shall be performed on the premises, and any such minor repairs shall be performed only within the principal building on the premises.
C.
All storage of material, merchandise and equipment shall be within the principal building, with the exception of refuse and trash, which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from ground level.
D.
Outdoor display of rental vehicles shall be set back a minimum of 20 feet from all lot lines abutting residentially zoned or developed property. Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of vehicle rental operations from all points on such residential property when viewed from ground level.
E.
Perimeter landscaping shall be a minimum of 10 feet along the street frontage(s).
F.
Vehicle storage areas shall be subject to the off-street parking requirements set forth in § 120-173F(2) and (3).
G.
An office structure to serve the vehicle rental operation shall be located on the same lot.
§ 120-152 Vehicle repair stations.
[Amended 12-20-2005 by Ord. No. 2005-394]
Vehicle repair stations shall be subject to the following requirements:
A.
No such use shall be established on a property located within 50 feet of any residential district boundary line.
B.
All repairs shall be performed within an enclosed principal building on the premises.
C.
No outdoor storage of materials, merchandise, and equipment shall be permitted during nonbusiness hours. Storage of materials, merchandise, and equipment during nonbusiness hours shall take place within the principal building or within closed, secure containers, such as outdoor storage cabinets, with the exception of refuse and trash, which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from ground level. Outdoor storage may be permitted in the C-3 and M-1 Districts subject to the requirements for outdoor storage set forth in § 120-175B.
D.
Perimeter landscaping shall be a minimum of 10 feet along street frontage(s).
E.
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of repair operations from all points on such residential property when viewed from ground level.
F.
Accessory sales of vehicles are allowed only in C-3 and M-1 Districts, provided vehicles on display for sale do not occupy the required parking spaces. Vehicle sales storage areas shall be subject to the off-street parking requirements set forth in § 120-173F(2) and (3).
G.
No partially dismantled, wrecked or unlicensed vehicle shall be stored for more than 72 hours outside of a completely enclosed building.
§ 120-153 Vehicle sales.
[Amended 6-17-2003 by Ord. No. 2003-183; 12-20-2005 by Ord. No. 2005-394; 9-21-2010 by Ord. No. 2010-323]
Vehicle sales shall be subject to the following requirements:
A.
No vehicle sales area shall be located within 50 feet of any residential district boundary line.
B.
Outdoor vehicle sales areas shall be surfaced with an asphalt or portland cement binder pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system connected to a public sewer system.
C.
No repairs, other than minor repairs, shall be performed on the premises, and any such minor repairs shall be performed only within the principal building on the premises.
D.
All storage of material, merchandise and equipment shall be within the principal building, with the exception of refuse and trash, which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from ground level.
E.
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
F.
Perimeter landscaping shall be a minimum of 10 feet along the street frontage(s).
G.
Vehicle sales shall be subject to the off-street parking requirements set forth in § 120-173F(2) and (3).
H.
A sales office structure shall be located on the same lot as the vehicle sales.
I.
No partially dismantled or wrecked vehicle shall be stored for more than 72 hours outside of a completely enclosed building.
§ 120-154 Vehicle service stations.
[Amended 7-27-2004 by Ord. No. 2004-240; 12-20-2005 by Ord. No. 2005-394]
Vehicle service stations shall be subject to the following requirements:
A.
No outdoor storage of materials, merchandise and equipment shall be permitted during nonbusiness hours. Storage of materials, merchandise and equipment during nonbusiness hours shall take place within the principal building or within closed, secure containers such as outdoor storage cabinets.
B.
Refuse and trash may be stored outdoors at all times only if placed in closed containers located in an area screened from view at all points on any public or private property or street when viewed from ground level.
C.
No partially dismantled, wrecked or unlicensed vehicle shall be stored for more than 72 hours outside of a completely enclosed building.
D.
Screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of vehicle service station operations from all points on such residential property when viewed from ground level.
E.
Vehicle service stations shall be subject to the sign restrictions outlined in § 120-177. In addition, when calculating the square footage of signage for vehicle service stations, the square footage shall include all attached, detached and window signs, canopy signs and graphics and signs on pumps
F.
An accessory car wash shall have no more than a single point of access for entering and exiting, shall be arranged to prevent drive-through operation and shall be limited to a single bay.
H.
Vehicle service stations shall be subject to the lot, area, yard and bulk requirements of the applicable district, but in no case shall perimeter landscaping along the street frontage(s) be less than 10 feet.
§ 120-154.1 Vehicle towing and storage.
[Added 9-21-2010 by Ord. No. 2010-323]
In addition to the requirements set forth in Chapter 108A of the Municipal Code, vehicle towing and storage shall be subject to the following:
A.
No such use shall be established on a property located within 50 feet of any residential district boundary line.
B.
Perimeter landscaping shall be a minimum of 10 feet along a street frontage(s).
C.
No fence shall be constructed within 10 feet of any street frontage.
D.
An office structure shall be located on the same lot for all towing operations.
E.
No partially dismantled, wrecked or unlicensed vehicle shall be stored for more than 72 hours outside of a completely enclosed building.
F.
Vehicle towing and storage lots shall be subject to the requirements in § 120-173, Off-street parking.
G.
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
§ 120-155 Waste stations.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
Waste stations shall be subject to the following requirements:
A.
No curb cuts or driveways that provide access from a local or a collector street shall be used or established.
B.
No curb cuts or driveways shall be located within 150 feet of any residential, planned development or open space district boundary line.
C.
Storage shall be at least 500 feet from any residential or open space district or the Genesee River.
D.
Storage shall be at least 200 feet from any commercial district.
E.
If burning is to be conducted on the premises, an incinerator acceptable to the Director of Zoning and Permitting shall be provided for burning, and all such burning shall be in compliance with the standards of the State of New York relating to air pollution.
F.
All refuse trucks and refuse trailers shall be empty of refuse when parked or stored on the premises.
§ 120-156 Purpose.
The design guidelines and standards are intended to guide development that preserves and improves Rochester's civic beauty and urban character. Well-designed buildings and sites encourage lively, safe, pedestrian-friendly and attractive streets and public spaces, protect and enhance property values, and promote urban vibrancy.
§ 120-157 City-wide design guidelines.
Buildings, structures, sites, signs and public spaces should be designed to:
A.
Retain, reflect and enhance the dominant aesthetic or visual qualities of the neighborhood as much as possible.
B.
Encourage and promote a sense of design continuity that appropriately relates the historic past of the neighborhood to ongoing revitalization and redevelopment efforts.
C.
Appropriately relate proposed development to existing designs, styles, building forms and land uses.
D.
Encourage and promote the sensitive and contextual design of buildings, signs, sites and public spaces through the use of design elements, details, styles and architectural features as well as other amenities, materials or treatments that may be appropriate to further the design standards. Blank end walls should incorporate building components or design features. Blank rear walls should be screened with landscaping.
E.
Encourage a pedestrian-oriented and human-scaled right-of-way, public realm and streetscape and promote safe pedestrian movement, access and circulation. Access from streets, sidewalks and public rights-of-way should be clearly defined, and where a service alley is viable, garages and loading areas shall be accessed only from the alley.
F.
Encourage and promote the incorporation of design features and other amenities in the private and public realms that reinforce the importance of terminating streets, public ways and vistas with focal points.
G.
Encourage and promote the design of buildings, sites, signs and public spaces along the waterfront that protects, enhances and strengthens these areas as well as significant recreational, environmental, historic, scenic and cultural resources.
H.
Encourage and promote the use of predominant existing building materials within the neighborhood and the predominant existing building materials, architectural features and fenestration on specific structures as a guide in determining appropriate replacement and new construction materials. Where possible, all replacement windows in elevations visible from any public right-of-way should match the original windows in size and configuration.
I.
Protect, respect and expand the design of green space, landscaping and open space within the neighborhood, and encourage public and private development that enhances this character with landscape design details, such as trees, lawns, plantings, fountains and malls.
J.
Encourage and promote direct visual access to views and vistas of the City skyline.
K.
Promote preservation of designated buildings of historic value to enhance and promote the history, culture and architecture of the City.
§ 120-158 City-wide design standards.
A.
Exceptions.
(1)
The city-wide design standards shall not apply in the Center City District and Marina District, each of which has its own set of design standards.
(2)
Each of the Planned Development Districts and the Public Market Village District, Harbortown Village District, and Collegetown Village District has its own set of design standards. The city-wide design standard specified in this section shall apply only to those design elements that are not addressed by the district-specific design standards for the Planned Development Districts, Public Market Village District, Harbortown Village District, or Collegetown Village District.
B.
Building elevations.
(1)
Any building facade facing a sidewalk, street, waterway or open space district shall have an active building elevation. Active building elevations shall include windows, building entrances and other architectural features that enhance the pedestrian scale and experience of the building facade.
(2)
New construction shall respect existing building widths by providing a division of the building facade into visible building increments no larger than the average width of existing buildings on the block.
(3)
Where the street frontage is defined by a continuous building facade, the proposed new building or infill construction shall maintain such continuous facade by building from side lot line to side lot line unless access is required for rear yard parking.
(4)
Building facades shall not contain blank wall areas that exceed 25 linear feet, measured parallel to the street. Building facades that are 100 linear feet or more shall include a repeating architectural pattern with two or more of the following elements: color change, texture change, material change, or a wall articulation change such as a reveal, recess, offset, or pilaster.
C.
Building entrances. The front facade and main entrance shall face a public street and shall have a direct pedestrian connection to the street.
E.
Designated buildings of historic value.
(1)
Demolition of a designated building of historic value shall be prohibited.
(2)
Significant architectural features, including but not limited to slate or tile roofing, original cladding, porches, cornices, etc., shall be maintained.
(3)
Replacement windows in a designated building of historic value shall utilize true divided lights or simulated divided lights when matching the original mullion and/or muntin configuration. This does not include interior-only grids or grids between the panes of glass, except where the windows are being replaced in order to abate lead paint hazards.
F.
Waterfront views or vistas.
(1)
Site development, including the construction of buildings, structures or signs, shall not unnecessarily interfere with or obstruct significant, identified views or vistas of (or from) the Genesee River, Lake Ontario or the Erie Canal from the street or significant designated landscape features beyond existing conditions and as listed in the City of Rochester's Local Waterfront Revitalization Program (LWRP).
(2)
The proposed design and arrangement of the building, structure or use shall provide for public pedestrian and visual access to and along the waterfront.
G.
Mechanical and electrical equipment and open storage areas. Mechanical and electrical equipment includes heating, ventilation, and air-conditioning (HVAC) equipment and electrical generators.
(1)
To the maximum extent practical, all roof-mounted and ground-mounted mechanical equipment shall be screened from view or isolated so as not to be visible from any public right-of-way or residential district within 150 feet of the subject lot, measured from a point five feet above grade. Roof screens, when used, shall be coordinated with the building to maintain a unified appearance.
(2)
Mechanical equipment and open storage areas shall be screened from public streets, alleys, paths, private streets and abutting lots to a minimum height of six feet. When solid screening is used, the materials shall be compatible with the building.
§ 120-159 Nonresidential and mixed-use building standards.
The following design standards apply to nonresidential and mixed-use development. They apply to new construction, including additions to existing structures, and to substantial repair or rehabilitation of the exterior facade of an existing structure. In the case of repair or rehabilitation, only those standards that relate to the specific repair or rehabilitation activities conducted shall apply.
A.
Building materials.
(1)
Exterior walls. The following building materials are prohibited on any exterior wall:
(a)
Concrete finishes or precast concrete panels (tilt wall) that are not exposed aggregate, hammered, embossed, imprinted, sandblasted or covered with a cement-based acrylic coating, except in an M-1 District when some other relief is offered (architectural or landscaping).
(b)
Metal panels with a depth of less than one inch or a thickness less than U.S. Standard 26 gauge.
(c)
Mirrored glass with a reflectance greater than 40% shall be prohibited from covering more than 40% of the exterior walls of any building in the C-3 and M-1 Districts.
(2)
Facades. The following building materials are prohibited on any facade:
(a)
Plain concrete block, except in the M-1 District.
(b)
Glass block, except in the C-3 and M-1 Districts.
(c)
Exposed aggregate (rough finish) concrete wall panels, except in the M-1 District.
(d)
Exterior insulating finish systems (EIFS) installed lower than four feet above grade on any building facade, except in the C-3 and M-1 Districts.
[Amended 9-19-2017 by Ord. No. 2017-299]
(e)
Exterior insulating finish systems (EIFS) installed lower than eight feet above grade on any building facade within 10 feet of a public right-of-way, except in the C-3 and M-1 Districts.
[Added 9-19-2017 by Ord. No. 2017-299[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection A(2)(e) through (h) as Subsection A(2)(f) through (i).
(f)
T-111 plywood or oriented strand board (OSB) siding.
[Amended 9-19-2017 by Ord. No. 2017-299]
(g)
Plastic.
(h)
Vinyl, except cellular vinyl trim may be used as decorative or detail elements for up to 25% of the facade.
(i)
Metal, except in the PMV, C-3, and M-1 Districts. In all other districts, metal may be used as decorative or detail elements for up to 30% of the facade.
[Amended 9-19-2017 by Ord. No. 2017-299]
B.
Windows and transparency.
(1)
Renovations of the first floor of existing buildings within 60 feet of a street right-of-way shall not decrease the area of transparency. Where feasible, renovations shall increase the area of transparency to that required for new construction unless the original historic character of the building requires less transparency area.
[Amended 9-19-2017 by Ord. No. 2017-299]
(2)
All windows shall be clear or lightly tinted.
[Amended 9-19-2017 by Ord. No. 2017-299]
(3)
In all C-1, C-2, H-V, PMV, and C-V Districts, all new construction on building facades that are within 60 feet of a street right-of-way shall provide areas of transparency equal to 70% of the wall area between the height of two feet and eight feet from the ground.
[Amended 9-19-2017 by Ord. No. 2017-299]
(a)
For sites with frontage on one street, the transparency requirement is applied to that frontage.
(b)
For sites with frontage on more than one street, the transparency requirement is applied to all frontage on streets classified as principal arterials, minor arterials and collector streets.
(c)
For sites with frontage on local streets only, the transparency requirement is applied to one frontage.
(4)
In the C-3 and M-1 Districts, when offices are part of new industrial construction, the entry to such offices shall have direct access from street frontages and parking areas. Offices that are part of new industrial construction and new construction of commercial buildings within 60 feet of street rights-of-way shall provide areas of transparency equal to 40% of the wall area between the height of two feet and eight feet from the ground. The percentage of transparency required on buildings may be reduced to 20% of the wall area if landscaping improvements consisting of one tree of at least two-inch caliper for every 20 feet of lot frontage are installed between the building and the public street.
[Amended 9-19-2017 by Ord. No. 2017-299]
(5)
The use of opaque materials such as plywood, brick, metal or sheet rock to cover or fill a window opening is prohibited.
(6)
The installation of any device which obstructs transparency or impacts the architectural design of a window is not permitted. This prohibition includes the blocking of windows with interior shelving or the like but does not apply to nonpermanent devices such as curtains, blinds, shades and nonopaque roll-down grills.
[Amended 8-9-2016 by Ord. No. 2016-263[2]]
[2]
Editor’s Note: This ordinance also repealed former Subsection B(7), regarding new construction and reoccupancy with high-impact retail sales and service and pawnbrokers, which immediately followed this subsection.
C.
Storefront conversion.
(1)
Residential use standards. The applicant for conversion of a commercial storefront to a residential use in an area that is predominantly residential shall have the option either to:
(2)
Commercial conversions. When converting only one portion of a building, the entire commercial character of the storefront must be retained. In cases where demolition of a commercial addition to a house is proposed, the new facade shall approximate, as closely as possible, the original design of the house.
(3)
Nonresidential use standards. The applicant for conversion of a commercial storefront to a residential use in an area that is predominantly commercial shall be required to maintain the commercial character of the storefront.
D.
All new building construction within five feet of the front lot line shall be built parallel to the lot line for at least 80% of its frontage and up to a height of 20 feet. Up to 20% of this building frontage may be built skewed from the lot line; any portion of the building above 20 feet in height may be built skewed from the lot line.
E.
Retail sales of automobile fuels (including retail with fuel sales, vehicle service/vehicle repair with fuel sales). To ensure that these uses fit well into the generally compact, urban neighborhoods of Rochester and to minimize any negative impacts on neighboring properties, development or redevelopment of these uses shall comply with the following design standards:
(2)
Except for C-3, M-1, and Planned Development Districts, retail structures associated with automobile fuel sales shall have a fully operational pedestrian entrance open during business hours along the public street; other entrances are permitted.
(3)
Except for C-3, M-1, and Planned Development Districts, canopy structures shall be designed to fit into the traditional urban context of the neighborhood. Designs shall draw on historical precedents for canopy-type structures such as railroad stations, streetcar stops and lumber sheds and shall use traditional materials (wood, brick, metal) or high-quality modern alternatives. Pitched roofs are encouraged. Lighting of the canopy fascia, parapet, or roof is prohibited. Downward lighting of the pump islands and area under the canopy is permitted.
(4)
A retail automobile fuel facility that occupies a pad or portion of a building within a large commercial center shall be designed to reflect the design elements of that center.
(5)
For retail automobile fuel facilities located on corner lots, any buildings shall be placed along the street frontage or landscape elements, such as regularly spaced columnar trees, shall be placed along the street frontage in order to emphasize the corner and define the street wall.
(6)
All facilities shall include landscaping/hardscaping along all street frontages in order to limit vehicular movement to established curb openings and protect any portion of the public sidewalk from on-site vehicle maneuvering.
(7)
All facilities shall include a solid screening fence no less than six feet tall and no more than eight feet tall along any property line abutting the side or rear yards of lots zoned R-1, R-2, or R-3.
(8)
Curb openings shall be minimized, especially on the primary street frontage. Redundant curb openings shall be closed.
§ 120-160 Residential building standards.
The following design standards apply to residential development. They apply to new construction, including additions to existing structures, and to substantial repair or rehabilitation of the exterior facade of an existing structure. In the case of repair or rehabilitation, only those standards that relate to the specific repair or rehabilitation activities conducted shall apply.
A.
Single-family detached, two-family, single-family attached.
(1)
Building context and compatibility. New infill single-family, two-family, attached dwelling units, additions to such structures and accessory buildings shall be constructed to be generally compatible with other existing dwelling units or accessory buildings on the same block frontage within 200 feet. This provision shall be satisfied by constructing the subject dwelling unit or accessory building so that at least four of the following features are similar to the majority of other dwelling units within 200 feet on the block frontage (both sides of the street):
(a)
Roof style and overhang (e.g., gable, mansard, hip, A-frame, or flat);
(b)
Building massing (e.g., ranch with attached garage; two-story with attached garage; bungalow);
(c)
Floor area:
[1]
Single-family dwelling units. The floor area of the proposed dwelling unit shall be no less than 80% and not more than 145% of the average floor area of other single-family dwelling units, as indicated in the City Tax Assessor's records, within 200 feet of the subject lot, including single-family dwelling units along both sides of the street of the same block.
[2]
Two-family dwelling units. The floor area of the proposed dwelling unit shall be no less than 80% and not more than 145% of the average floor area of other two-family dwelling units, as indicated in the City Tax Assessor's records, within 200 feet of the subject lot, including two-family dwelling units along both sides of the street of the same block.
(d)
Front porches (existence of);
(e)
Exterior building material; or
(f)
Pattern of window and door openings (e.g., central door and four windows; offset door and three windows).
(2)
Porches.
(a)
No existing open porch visible from any public right-of-way shall be removed unless the original design of the building lacked such a porch.
(b)
No open porch visible from any public right-of-way shall be enclosed.
(c)
Rails, balusters, skirting and columns shall be constructed of wood that is primed and painted or of prefinished wood-alternative materials that are appropriate for exterior use.
(3)
Garages and carports. The following standards apply to all residential garages and carports, with the exception of multifamily dwellings.
(a)
General standards.
[1]
Garage orientation and access (e.g., attached/front-loaded, attached/side-loaded, detached/street-loaded, or detached/alley-loaded) shall conform with the majority of other existing residential parcels on the same block frontage within 200 feet.
[2]
Single-family attached dwellings shall not have street-loaded garages if alternative access can be provided.
[3]
Garages shall not be in the style of a Quonset hut or other similarly formed metal or plastic structures designed and/or marketed for industrial or agricultural use.
(d)
Carports.
[1]
Carports shall be located over a driveway.
[2]
Carports are permitted only in rear yards.
[3]
The height of a carport is limited to 10 feet.
[4]
A carport shall be entirely open on at least three sides except for the necessary supporting columns and customary architectural features.
[5]
A carport shall be constructed as a permanent structure. Temporary tent, canopy or other structures are not considered carports.
(4)
Sheds. Sheds over 144 square feet in area shall not be in the style of a Quonset hut or other similarly formed metal or plastic structures designed and/or marketed for industrial or agricultural use.
(5)
Yard areas.
(a)
Except for driveways and walks, no portion of the front yard shall be paved with asphalt or concrete.
(b)
Decorative stone or gravel surfaces shall be used when an integral part of a landscape plan.
(c)
To the maximum extent practical, the front yard, side yard and the unpaved area between the sidewalk and the street paving shall be covered with turf grass or vegetative ground cover.
(d)
To the maximum extent practical, the rear yard shall be fine graded to ensure proper grades and drainage.
B.
Multifamily.
(1)
Building facades.
(a)
Building facades shall be designed with consistent materials and treatments. The consistency of materials and treatments shall also be maintained for a single building possessing multiple facades.
(b)
Building facades shall include windows, projected or recessed entrances, overhangs, and other architectural features.
(2)
Windows and transparency. The following minimum transparency requirements apply to any facade facing a street, calculated by the entire area of the facade:
§ 120-161 Neighborhood design guidelines.
A.
Purpose. Neighborhood design guidelines offer further guidance to the review authority in determining if a development meets the objectives of this chapter and the neighborhood. These guidelines are developed to ensure that new development is compatible with the surrounding area. Neighborhood design guidelines should provide additional, more-specific information to the review authority regarding the nature of the design theme and principles that are desired within a neighborhood.
B.
Guidelines. The neighborhood guidelines:
(1)
Would exist outside of the Zoning Ordinance in the form of a design guidelines manual or handbook.
(2)
Include additional design guidelines that elaborate on or provide additional specificity for the design guidelines listed in this article. The guidelines shall not be hard-and-fast rules that are to be explicitly followed in a single prescribed manner; they are intended to be additional, interpretable design recommendations that can be executed in a variety of ways and that provide further design direction, detail and guidance.
§ 120-162 Purpose.
[Amended 9-19-2017 by Ord. No. 2017-299]
A.
The requirements applying to all districts regulate activities, uses, structures, conditions and treatments that may be present on a property whether or not a principal structure or use is present. These requirements contribute to and promote the health, safety, comforts, conveniences and/or necessities of the property's occupants, the immediate neighborhood and/or the entire Rochester community. These requirements apply to all districts except the CCD.
B.
For uses that require a special permit, the Planning Commission may waive any of the requirements imposed by this article when it finds such action is warranted by reason of the unique physical conditions of the particular property or by reason of the particular character of surrounding properties. For uses that do not require a special permit, a requirement imposed by this article may be waived by the Zoning Board of Appeals by means of a use or area variance in accordance with § 120-195B. Prior to making a determination, the Planning Commission or the Zoning Board of Appeals shall evaluate the following factors:
(1)
The size and intensity of such use.
(2)
The capacity of adjacent and feeder streets to handle peak traffic loads and hazards created by the use.
(3)
The obstruction of light or air or the emission of noise, light, smoke, odor, gas, dust or vibration in noxious or offensive quantities, and the distance between offensive processes and adjacent properties.
(4)
The overall effect on values and utilization of neighboring properties.
(5)
Unusual topography of the location, and the nature, location and height of buildings, walls, stacks, fences, grades and landscaping on the site.
(6)
The extent, nature and arrangement of parking facilities, entrances and exits.
(7)
Problems of fire and police protection.
(8)
Preservation and/or upgrading of the neighborhood character.
(9)
The availability of adequate sewer and water supply.
(10)
All other standards prescribed by these regulations.
§ 120-163 Accessory uses and structures.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-22-2003 by Ord. No. 2003-232; 7-27-2004 by Ord. No. 2004-240; 12-20-2005 by Ord. No. 2005-394; 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 7-19-2011 by Ord. No. 2011-247; 4-23-2014 by Ord. No. 2014-84; 6-20-2017 by Ord. No. 2017-170; 9-19-2017 by Ord. No. 2017-299; 11-12-2019 by Ord. No. 2019-325; 6-17-2025 by Ord. No. 2025-209]
Accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district. No accessory use or structure shall be established or constructed until the primary use or structure is constructed and unless a certificate of zoning compliance evidencing the compliance of such use or structure shall have first been issued in accordance with § 120-189. Accessory uses and structures deemed to be similar in nature and appropriate by the Director of Zoning and Permitting may also be allowed in the City of Rochester.
A.
For residential uses, the following accessory uses and structures are permitted:
(1)
All detached accessory structures and uses, except for the driveway, accessory to a residential use shall be located in the rear yard, including, but not limited to:
(a)
Child's playhouse.
(b)
Decks, patios and terraces.
(c)
Detached residential garage or carport.
(d)
Fallout shelters, provided that they shall not be used for any principal or accessory use not permitted in the zoning district.
(e)
Fire escapes, but only when located on that portion of the dwelling bordering on the side or rear yard.
(f)
Freestanding radio antennas and dish antennas limited to one meter or less in diameter.
(g)
Guesthouse or servants quarters, located in the rear yard, not including kitchen facilities; provided, however, that such structures are used only for the housing of persons employed on the premises or for the occasional housing of guests of the occupants of the principal building and not as rental units or for permanent occupancy as dwelling or rooming units for persons other than such employees.
(h)
Outdoor parking or storage of no more than one boat and boat trailer, camping trailer, ATV, camping vehicle or the like, provided that such boat, trailer or vehicle shall not be used for living, sleeping or housekeeping purposes.
(i)
Private swimming pool and bathhouse and limited to use by the occupants and their guests.
(j)
Solar energy systems.
(k)
Storage structure with a maximum of one.
(l)
Tennis courts limited to use by the occupants thereof and their guests.
(m)
Wind energy conversion systems.
(2)
Attached residential garages, carports, decks and terraces located in the side and rear yard.
(3)
Building management offices when limited to the management of the building in which such office is located or a complex of buildings forming an integrated development of which such building is a part.
(4)
Vehicle repair of noncommercial vehicles on residential premises when performed:
(6)
Handicapped access ramps and wheelchair lifts when located so as not to block windows, force the enclosure of an open front porch, or obstruct access to required parking.
(7)
(Reserved)
(9)
Green infrastructure techniques, such as rain barrels, rain gardens, or bioswales, when located in the side or rear yard.
(10)
Electric vehicle charging stations when located in the side or rear yard.
B.
For nonresidential uses, the following accessory uses and structures are permitted:
(1)
Background entertainment.
(2)
Commercial vending machines in the PMV, C-3 and M-1 Districts but not within the required setbacks, and if located within 150 feet of a residential district, the machine shall be screened from the residential district.
(3)
Decks, patios and terraces when associated with a legal outdoor seating/assembly area.
(4)
Detached garage, but only in the rear yard.
(5)
Dish antennas two meters or less in diameter located in the rear yard in the C-1, C-2, C-3 and M-1 Districts.
(7)
Fire escapes, but only when attached to that portion of the dwelling bordering on the side or rear yard.
(8)
Freestanding radio antennas located in the rear yard.
(9)
Parking lots and parking areas, including electric vehicle charging stations.
(10)
Solar energy systems located in the rear yard.
(11)
Storage structure, one, incidental to a permitted use located in the rear yard.
(12)
Temporary outdoor display of retail merchandise subject to the requirements for outdoor display set forth in § 120-176.
(13)
Walkup service windows facing any public right-of-way when accessory to a permitted retail sales and service use.
(14)
Wind energy conversion system located in the rear yard, subject to site plan approval.
(15)
Handicapped access ramps and wheelchair lifts when located so as not to block windows, force the enclosure of an open front porch, or obstruct access to required parking.
(17)
Green infrastructure techniques, such as rain barrels, rain gardens, or bioswales, when located in the side or rear yard.
D.
Prohibited accessory structures or use.
(1)
Except as permitted in § 90-15B(7) of the Municipal Code, no vehicle of any kind or type without current license plates shall be parked or stored on any residentially zoned property other than a completely enclosed building.
(2)
Outdoor placement of commercial vending machines anywhere on a site in a residential, C-1, C-2 or H-V District.
(3)
The storage or parking of commercial vehicles on any residentially developed property in a residential zoning district other than in a completely enclosed building.
§ 120-164 Air quality.
A.
Emissions to the outdoor atmosphere, including but not limited to any dust, fumes, gas, mist, odor, smoke, vapor, toxic or deleterious emission, either alone or in combination with others, are subject to the specific air quality standards and emissions limits set forth in the Federal Clean Air Act and the New York State Air Pollution Control Rules and Regulations as administered by the New York State Department of Environmental Conservation (NYSDEC).
B.
Notwithstanding the existence of any New York State or federal permits or approvals, no use or structure shall emit smoke, dust, heat or heated air, noxious odors, odorous gases or other matter in such quantities as to be readily discernible on neighboring property and detrimental to the use and enjoyment of such neighboring property.
[Amended 9-21-2010 by Ord. No. 2010-323]
§ 120-165 Dumpsters and refuse collection areas.
A.
Dumpsters. Dumpsters must be completely screened from view when visible from any residential or open space district or public street or walkway with screening that is at least as tall as the dumpster. This provision shall apply to all dumpsters, including those used for the collection and storage of recyclable materials, whether public or private.
B.
Refuse collection areas in all districts. Refuse collection areas for multifamily, commercial and industrial uses shall be subject to the following:
(1)
All refuse collection areas shall be in the side and rear of the buildings.
(2)
All refuse collection areas should be effectively designed to contain all refuse generated on site and deposited between collections. Deposited refuse should not be visible from outside the refuse enclosure.
(3)
Screening shall be of sufficient height and density to completely hide the storage from public view. All screening shall be maintained in such manner as to present a neat and orderly appearance at all times.
(4)
Refuse collection areas should be so located upon the lot as to provide clear and convenient access to refuse collection vehicles.
§ 120-166 Dwelling unit conversions.
[Amended 12-20-2005 by Ord. No. 2005-394; 9-21-2010 by Ord. No. 2010-323; 11-15-2011 by Ord. No. 2011-349; 2-21-2017 by Ord. No. 2017-30]
The intent of this section is to establish standards to prevent the overcrowding of dwelling units and to ensure satisfactory amenities as conversions take place. Conversion of existing buildings to increase the number of dwelling units contained in them presents issues surrounding overcrowding, parking, open space and neighborhood character. Dwelling unit conversions that do not meet the standards established in this section may be permitted only upon a showing of unnecessary hardship in accordance with the provisions of § 120-195, unless otherwise prohibited, with the exception that the Zoning Board of Appeals may waive the dwelling unit conversion standards in residential districts for the proposed conversion of all or a portion of nonresidential floor area to residential use based on the standards for an area variance.
A.
Increase in number of dwelling units. Conversion of existing buildings to increase the number of dwelling units contained in them presents issues surrounding overcrowding, parking, open space and neighborhood character. Dwelling unit conversions that do not meet the standards established in this section may be permitted only upon a showing of unnecessary hardship in accordance with the provisions of § 120-195, unless otherwise prohibited.
(1)
Minimum unit size. No dwelling unit conversion shall be permitted which results in any dwelling unit having less than the minimum habitable floor area required by the following:
(2)
Minimum building size. No dwelling unit conversion shall be permitted in a structure with less than 1,500 square feet of habitable floor area.
(3)
Minimum lot area requirements. No building located on a lot having an area of less than 6,000 square feet shall be converted to create a two-family dwelling, and no building located on a lot of less than 9,000 square feet shall be converted to create a multiple-family dwelling.
B.
Decrease in number of dwelling units. Conversion of existing buildings to decrease the number of dwelling units requires alterations or modifications which ensure that the discontinued dwelling unit is permanently and fully integrated into a legal dwelling unit with unimpeded access throughout the legal unit. Dwelling unit conversions that do not meet the following requirements may be permitted only upon approval of an application for an area variance in accordance with the provisions of § 120-195.
(1)
Unimpeded access. Unimpeded access shall be evidenced by the removal of all partitions, inoperable doorways and other obstructions that impede or prevent access throughout the dwelling unit.
(2)
Removal of appurtenances. The integration of a discontinued dwelling unit shall be further evidenced by the removal of those appurtenances that previously supported the discontinued dwelling unit and may include the removal of the kitchen (including appliances, cupboards, plumbing, utility connections, etc.) and utility meters, in excess of one meter per dwelling unit, except in the case of two or more dwelling units where an additional house meter may be permitted.
§ 120-167 Fences and walls.
The following requirements for fencing and walls apply to all districts in the City of Rochester:
A.
Fences on lots with no principal structure. Fences may be permitted on lots with no principal structure subject to the requirements of this section.
B.
Fence heights.
(1)
The height of all fences or walls shall be measured from the average finished grade within two feet of the fence line.
(2)
No fence or wall in a residential or village center district shall exceed six feet in height in the side and rear yards, except, where contiguous to a commercial or industrial district and use, a fence height of 8 feet shall be allowed in the side or rear yard on the shared property line only.
[Amended 7-19-2011 by Ord. No. 2011-247[1]]
[1]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
(3)
A fence of 12 feet shall be allowed to enclose a private or public tennis court or public basketball courts.
(4)
Within nonresidential districts no fence shall exceed eight feet in height.
[Amended 6-17-2003 by Ord. No. 2003-183]
(5)
Within residential and village center districts, no fence shall exceed four feet in height within the front yard of any lot, other than a retaining wall made necessary by a natural topographic grade change.
[Amended 6-17-2003 by Ord. No. 2003-183; 9-21-2010 by Ord. No. 2010-323; 7-19-2011 by Ord. No. 2011-247[2]; 9-19-2017 by Ord. No. 2017-299]
[2]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
(6)
Within nonresidential districts, a ten-foot perimeter landscaped setback shall be required in conjunction with any fence or wall proposed along any street frontage, except a decorative fence or wall of no more than three feet in height in conjunction with landscaping may encroach in the required setback area.
[Added 6-17-2003 by Ord. No. 2003-183; amended 9-21-2010 by Ord. No. 2010-323]
C.
Fence surfaces.
(1)
In residential and village center districts, fences not more than sixty-percent solid may be located in any front yard.
(2)
All solid fences shall be installed so that the finished side shall face outward; all bracing shall be on the inside of the fence, and the outward-facing side shall be of similar materials and colors as the inward-facing side.
[3]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
D. 
Street intersections. In residential districts, at all street intersections, no obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height shall be erected or maintained on any lot within the triangle formed by the street lines on such lot and a line drawn between points along such street line rights-of-way 30 feet distant from the point of intersection.
§ 120-168 (Reserved) [1]
[1]
Editor's Note: Former § 120-168, Floodplain regulations, as amended, was repealed 8-12-2008 by Ord. No. 2008-296, effective 8-28-2008. See Ch. 56, Flood Damage Prevention.
§ 120-169 Landscaping, buffers and screening.
[6-17-2003 by Ord. No. 2003-183; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Landscaping requirement, general. For purposes of this section, the landscaped area shall include the area required or permitted, under this section, to be devoted to landscaping and environmental improvement, which may include existing and new vegetation, berms, lighting, street furnishings and ornamental features which are integrated with the vegetation. The following standards shall be observed for all projects subject to this section:
(1)
In general, landscaped areas shall be located along public streets and sidewalks.
(2)
All landscaped areas must be within an excavated area and not placed in containers on top of a hard surface.
(3)
A landscaped area shall have a minimum width of five feet excluding curbs, retaining walls or similar enclosing structures.
(4)
All landscaped areas shall be mulched.
(5)
Landscaping materials shall be contained so as not to spill or intrude into the public right-of-way.
(6)
Wooden timbers may not be used for containing a landscaped area.
(7)
All trees shall be planted and maintained to grow upright and plumb and the tree pit mulched.
(8)
The use of synthetic vegetation (turf, plastic plants, etc.) shall not be allowed for any required landscaping.
(9)
A landscape maintenance plan must accompany every site plan.
(10)
The applicant may submit an alternative landscaping plan that includes an alternate way of meeting the landscaping requirements that may include masonry or stone street walls, more mature plant materials, hedges, public art or other similar amenities to improve the aesthetics of the site. Such alternative landscaping plan shall require a minor site plan review as outlined in § 120-191D. The alternative landscaping plan shall be prepared by a licensed professional.
B.
Plant sizes and specifications.
(1)
Tree and plant species provided to meet the landscaping and screening standards of this section shall comply with the City of Rochester Approved Plant Materials List.
(2) 
The minimum size for a shrub shall be 24 inches in height at the time of planting.
(3) 
The number of shrubs shall be determined by requiring one shrub for every 15 feet of perimeter of the lot.
(4)
The minimum size for a tree shall be two-inch caliper.
(5)
The number of trees shall be determined by requiring one tree for every 40 feet of perimeter of the lot. Trees planted in the right-of-way may count towards this requirement. An existing tree may be counted towards meeting the requirements of this provision provided that the tree has a caliper of at least three inches, is viable and is approved for that purpose by the Director of Zoning and Permitting. Such trees must be depicted on the landscape plan.
(6)
When a combination of trees and shrubs is proposed, one tree may be substituted by three shrubs.
(7)
Ground covers planted to satisfy the standards of this section shall have a minimum container size of one gallon.
(8)
The Director of Zoning and Permitting may waive these requirements if the overall objectives of the ordinance are met and the general character of the area and community goals are protected in conjunction with an alternative landscaping plan .
C.
Ground treatments.
(1)
Mulch shall be installed and maintained at a minimum depth of three inches on all planted areas except where ground cover plants are fully established.
(2)
Turf areas shall be planted with species suitable as permanent lawns in the region. Turf areas may be sodded or seeded. Turf on impermeable surfaces shall be prohibited. Additional maintenance shall be provided until coverage is complete.
(3)
Other ground covers suitable for the soil and climate conditions of the area may be approved within required landscape areas.
(4)
The Director of Zoning and Permitting may waive these requirements if the overall objectives of the ordinance are met and the general character of the area and community goals are protected in conjunction with an alternative landscaping plan .
D.
Screening.
(1)
Screening shall be required for any nonresidential use where it abuts an area zoned or used residentially on the ground floor.
(2)
Unless a perimeter landscaped open space, a minimum of 10 feet in depth, is provided, a durable and well-maintained solid wall, fence or other screening device, not less than four feet nor more than six feet in height, shall be provided along every lot line shared in common by a parking lot and a lot devoted to any residential use.
E.
Landscaping plans and additional information.
(1)
Guidelines. The following guidelines shall be used in developing all landscaping plans:
(a)
Plants selected shall be suited to the climate and region as well as the geologic and topographic conditions of the site. Protection and preservation of native plant materials and natural areas are encouraged.
(b)
Water-intensive ornamental plant materials shall not exceed 10% of the total landscaped area.
(c)
Decorative water features should use recirculating water, when possible.
(d)
When providing for privacy and screening for adjacent land uses, visual, noise and air quality factors shall be considered.
(e)
All plant materials located in snow storage areas shall be selected to withstand the conditions associated with these areas. Additionally, all parking lot landscaping shall be salt tolerant.
(2)
Landscape plan. Landscaping plans shall be drawn to scale, including dimensions and distances, and shall clearly delineate:
(a)
Plant materials, including trees, shrubs, ground cover, turf and other vegetation, shall be shown clearly on the plan. In addition, plants shall be labeled by botanical name, common name, caliper or container size, spacing and quantities in each group;
(b)
Property lines and street names;
(c)
Streets, driveways, walkways and other paved area;
(d)
Pools, ponds, water features, lighting fixtures, fences and retaining walls;
(e)
Existing and proposed buildings and structures, including elevation, if applicable;
(f)
Natural features, including but not limited to rock outcroppings, and existing plant materials that will be preserved;
(g)
Tree staking, plant installation, soil preparation details and all other applicable planting and installation details;
(h)
Calculation of the total landscaped area;
(i)
Designation of recreation areas, if applicable.
F.
Maintenance. All required planting shall be permanently maintained in good condition and, when necessary, replaced with new plant material to ensure continued compliance with these standards. For the purpose of enforcement, the property owner shall be responsible for maintenance. Maintenance shall include watering, weeding and pruning.
G.
Protected areas during grading and construction. During grading and construction, a protected area extending outward to the drip line of each tree shall be provided within which paving, grading, or the storage of dirt, building materials, debris, or any other materials or any other equipment shall not be allowed. Each protected area shall be enclosed by a barrier constructed in a manner required and approved by the Director of Zoning and Permitting. Failure to maintain barriers may result in revocation of the building permit. Permanent soil stabilization to prevent soil loss and protect water quality shall be required and include:
(1)
Permanent soil stabilization treatments include establishment of lawn cover or ground cover, mulch or retaining wall as appropriate to the slope and use.
(2)
Permanent restoration or stabilization of swales, drainage channels, stream, canal, riverbanks and shoreline disturbed by construction should be required. Soil retention treatments include use of stone, geo-textile and/or vegetative cover.
(3)
Determination of the structural stability and/or required stabilization of existing or proposed slopes steeper than 50%, rock cuts or river gorge shall be required. The required barriers shall be constructed by the property owner and approved by the Director of Zoning and Permitting prior to issuance of a building permit. Protective barriers shall be maintained until issuance of a certificate of occupancy. The Director of Zoning and Permitting may reduce the protected area if he or she determines a larger area is not necessary to the survival and health of the tree.
§ 120-170 Lighting.
The following lighting design standards and guidelines are provided to ensure coordinated, safe and functional lighting systems in each development. The site lighting requirements include:
A.
Standards.
(1)
No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare that is visible from any point along a lot line.
(2)
Pedestrian areas, plazas and walk lights shall not exceed 15 feet in height and should be designed to be harmonious with light fixtures on site.
(3)
All light fixtures shall be concealed source fixtures except for pedestrian-oriented accent lights.
(4)
Security lighting fixtures shall not project above the facade or roofline of any building and are to be shielded. Lighting shields shall be painted to match the surface to which they are attached. Security lighting fixtures shall not be substituted for parking lot or walkway lighting fixtures and are restricted to lighting only loading and storage locations or other similar areas requiring security lighting.
(5)
Service-area lighting shall be contained within the service yard boundary. No light spillover shall occur outside the service area; the light source shall not be visible from the street.
(6)
Exterior wall-mounted floodlights shall be prohibited except for security lighting in enclosed service courtyards.
B.
Guidelines.
(1)
Soft lighting of building faces is encouraged. Building lighting should be indirect in character. Indirect wall lighting or "wall-washing" overhead downlighting or interior illumination that spills outside is encouraged. Architectural lighting should articulate the particular building design and provide required functional lighting for safety and clarity of pedestrian movement.
(2)
When possible, overhead wiring should be avoided.
§ 120-171 Noise.
[Amended 9-21-2010 by Ord. No. 2010-323]
All uses shall be subject to Chapter 75 of the Municipal Code. The following uses shall be subject to the following regulations:
A.
Outdoor paging systems and speakers. Outdoor paging systems and speakers shall not be located within 150 feet of any residential district. This standard shall not apply to face-to-face, drive-up teller windows or remote teller systems where all of the following conditions exist:
§ 120-172 Off-street loading.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Location of required loading spaces. Loading spaces shall be located on the same lot, or on a directly adjoining lot in the same zoning district, as the building or structure to which they are accessory. No loading space shall be located in any required front yard setback.
B.
Required spaces. Loading spaces shall be provided in sufficient number and of sufficient size so that no loading and unloading operations infringe upon any street or sidewalk.
C.
Design and maintenance. Every loading space shall be designed, constructed and maintained in accordance with the standards and requirements herein set forth:
(1)
Screening.
(a)
Sufficient screening shall be provided along all lot lines abutting any residentially zoned or developed property to buffer the residential use from all operations, materials and vehicles within any loading space.
(b)
Loading areas accessory to commercial uses, shopping centers or planned business developments shall be so located and screened from public view.
(2)
Design standards.
(a)
Each loading space shall have the following minimum dimensions, in feet, except for those spaces approved by the Director of Zoning and Permitting after site plan review:
Type | Width | Length | Height |
|---|---|---|---|
Tractor-trailer Other | 12 12 | 55 35 | 14 14 |
(b)
Loading spaces shall be designed and arranged to provide access to a street or alley in a manner that shall create the least possible interference with traffic movement. Access to and from the right-of-way to the loading spaces shall be referred to the City Engineer for comment.
(c)
Every loading space shall be surfaced with an asphalt or portland cement binder pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system connected to a public sewer system. Individual stalls shall be clearly identified by markings four inches to six inches in width.
(d)
Loading and unloading operations shall take place wholly within the site.
(e)
No part of a loading area utilized for the access, maneuvering and temporary parking of delivery vehicles shall also be used for the parking of employee or customer vehicles.
(f)
No part of a loading area shall be utilized for the open air outdoor storage of materials, merchandise and equipment.
(g)
When any part of a loading area is also utilized for refuse and trash disposal and storage purposes, all outdoor containers shall be closed and permanently stationed in an area that is easily accessible for pickup and removal and that satisfies the screening requirements of this chapter.
(h)
Loading and unloading operations shall be designed so they minimize the number and width of curb cuts.
§ 120-173 Off-street parking.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240; 12-20-2005 by Ord. No. 2005-394; 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 7-19-2011 by Ord. No. 2011-247; 6-20-2017 by Ord. No. 2017-170; 9-19-2017 by Ord. No. 2017-299; 11-12-2019 by Ord. No. 2019-325; 6-17-2025 by Ord. No. 2025-209]
A.
Change in use or intensity.
(1)
Whenever a use existing on the effective date of this chapter is changed thereafter to a new use, parking facilities shall be provided as required herein for such new use, except that when any such existing use was deficient in required parking spaces on such effective date, such new use may be established with a deficiency in required parking spaces equal in number to not more than such preexisting deficiency.
(2)
Whenever the intensity of use of any building, structure or use is increased, parking facilities shall be provided for such increase in intensity of use.
B.
Measurement and computation.
(1)
Computation of required spaces.
(a)
When determination of the number of required parking spaces results in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded and fractions over 1/2 shall require one parking space.
(b)
In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating facility shall be counted as one seat for the purpose of determining the requirement for off-street parking facilities under this chapter.
(c)
When parking spaces are required on the basis of the number of faculty, staff, students or employees, the maximum number present at any one time shall govern.
(2)
Uses not specified. For uses not expressly listed in this section, parking spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the Director of Zoning and Permitting to interpret the provisions of this chapter.
(3)
Parking demand analysis. For uses expressly listed in this section requiring parking demand analysis, such analysis shall be submitted to the Director of Zoning and Permitting for approval and will include, at a minimum:
(a)
The anticipated number of parking spaces needed to accommodate the proposed use.
(b)
How the parking spaces are accommodated (on site, public lots, on street, etc.).
(c)
Rationale supporting the necessity for the requested number of parking spaces.
(d)
Analysis of existing parking conditions.
(e)
The typical peak-to-daily demand of the proposed use.
(f)
Analysis of parking demand of comparable uses.
C.
Required parking spaces.
(1)
Vehicular parking. For the following uses, the number of off-street parking spaces shall include:
Use | Minimum |
|---|---|
Residential | |
Single-family detached, semidetached, two-family and attached dwelling | 1 per dwelling unit |
Multifamily dwelling | 1 per efficiency unit |
1 per 1-bedroom unit | |
1.2 per 2-bedroom unit | |
1.5 per 3-bedroom or larger unit | |
Senior housing | Parking demand analysis |
Rooming houses | 0.5 per rooming unit |
Homeless shelters | 1 per every 2 employees |
Educational and Religious | |
College or university | Parking demand analysis |
Day care or nursery | 1 per 6 persons enrolled |
Dormitory (off campus), fraternity or sorority | Parking demand analysis |
Dormitory (on campus) | Parking demand analysis |
Place of worship | 1 per 4 seats |
Schools, elementary and intermediate | 2 per classroom |
School, secondary | 1 per 10 students plus 2 per classroom |
Cultural and Recreational | |
Amusement center | 2 per 1,000 square feet net floor area |
Auditorium | 1 per 4 seats |
Boat launch | 10 vehicle spaces per ramp plus 30 trailer spaces per ramp |
Bowling alley | 2 per lane |
Community center | 3 per 1,000 square feet net floor area |
Convention hall | Parking demand analysis |
Health clubs and similar facilities | 4 per 1,000 square feet net floor area |
Public entertainment | 0.5 per allowable occupancy |
Library | 1 per 1,000 square feet net floor area |
Marina or pier | 1 per boat slip without charter boat; 2 per boat slip with charter boat |
Museum or art gallery | 2 per 1,000 square feet net floor area |
Private club or lodge | 1 per 50 square feet net floor area |
Skating rink | 1 per 5 persons design capacity |
Stadium or sports arena | 1 per 5 seats |
Swimming pool | 1 per 4 persons design capacity |
Tennis club | 3 per court |
Tour boat operation | 1 per 2 persons Coast Guard rated capacity |
Government, Safety and Health | |
Hospital | Parking demand analysis |
Medical clinic, medical office | 5 per 1,000 square feet net floor area |
Nursing home, health-related facility | Parking demand analysis |
Residential care facility | Parking demand analysis |
Manufacturing and Industrial | |
All uses | 1 per 2 employees or parking demand analysis |
Retail | |
Furniture, carpet or floor covering store | 1 per 1,000 square feet net floor area |
General retail | 2 per 1,000 square feet net floor area |
Services Bank | 2 per 1,000 square feet net floor area |
Bar, tavern, restaurant | 10 per 1,000 square feet net floor area |
Bar, tavern, restaurant nightclub (with limited entertainment) | 10 per 1,000 square feet net floor area |
Bed-and-breakfast establishments | 1 per guest bedroom plus 1 for the owner |
Beauty parlor, barbershops and the like | 2 per 1,000 square feet net floor area |
Dry cleaning and laundromat | 2 per 1,000 square feet net floor area |
Hotel and motel | 1 per sleeping unit |
Mortuaries and funeral homes | 1 per 100 square feet net floor area |
Office, professional or business | 2 per 1,000 square feet net floor area |
Restaurant, carry-out | 2 per 1,000 square feet net floor area |
Restaurant, with drive-through facility | 6 per 1,000 square feet net floor area for one drive-through; 4 per 1,000 square feet net floor area for 2 drive-throughs; 2 per 1,000 square feet net floor area for more than 2 drive-throughs |
Restaurant, sit-down | 10 per 1,000 square feet net floor area |
School, business, occupational and skill training | 1 per instructor plus 1 per 6 students |
Water transportation terminal | Parking demand analysis |
Vehicle-Related Uses | |
Vehicle repair/vehicle service station | 2 per bay |
Vehicle sales | 2 per employee |
Vehicle rental | 1 per 1,000 square feet net floor area |
Planned Development Districts | |
All uses | Parking demand analysis |
(2)
Multiple uses. When a grouping of three or more of the above uses occupy a single parcel, a parking demand analysis may be provided for a determination by the Director of Zoning and Permitting of the required parking.
(3)
Bicycle parking. Bicycle parking shall be provided equal to 10% of the vehicle parking requirements for the property, for a minimum of two bicycles, for all multifamily housing (over 10 units), commercial and industrial uses.
D.
Maximum number of parking spaces. No use other than single, two-family and attached residential uses, subject to the per unit requirements in § 120-173F, shall provide more than 110% of any of the above-listed requirements, except through the submission of a parking demand analysis in accordance with § 120-173B and approval of a special permit in accordance with § 120-192.
E.
Alternative parking plans (APP). An alternative parking plan is a means to meet vehicle parking requirements other than providing parking spaces on site in accordance with the ratios established in this section. Applicants seeking to meet the requirements of this section by alternative means shall be required to secure approval of an alternative parking plan in accordance with the standards of this section.
(1)
Contents. Alternative parking plans shall be submitted in a form and with such documentation as established by the Director of Zoning and Permitting and made available to the public. At a minimum, such plans shall include the parking alternative and rationale for how the alternative will compensate for the provision of the required parking on site.
(2)
Review and approval procedure.
(3)
Eligible alternatives. Potential alternatives to be considered include, but are not limited to:
(a)
Shared parking. Shared parking is encouraged to promote efficient use of land and resources by allowing users to share off-street parking facilities for uses that are located near one another and that have different peak parking demands or different operating hours. Shared parking shall be subject to the following standards:
[1]
Location. Shared off-street parking spaces shall be located no further than 1,000 feet from the buildings and uses they are intended to serve. This distance limitation may be waived by the Planning Commission if adequate assurances are offered that shuttle service shall be operated between the shared lot and the principal use.
[2]
Shared parking agreement. A shared parking plan shall require a shared parking agreement, acceptable to the Director of Zoning and Permitting, which shall include an agreement by the owners(s) of record of the parking area and of the applicant. The agreement shall be submitted to the Director of Zoning and Permitting prior to issuance of a certificate of zoning compliance. A shared parking agreement shall be revocable by the parties to the agreement only if the off-street parking requirement is satisfied. The agreement shall specify that the shared spaces are not leased for a use that operates during the same time frame and would create a conflict. The agreement shall specify the time frame, number and location of spaces to be shared.
[3]
Site plan. A site plan shall be submitted to indicate the spaces that are to be leased and the owners of the uses seeking a parking alternative that specifies the number of parking spaces and time frames for use of the spaces.
(b)
Credit for on-street parking spaces. On-street parking spaces may be used to satisfy 20% of the requirements for off-street parking. Such on-street parking shall be located only on arterials or collector streets within the public right-of-way and shall be located within 1,000 feet of the use.
(c)
Bicycle parking. A reduction in the number of required off-street parking spaces for developments or uses that provide bicycle parking or that make special provisions to accommodate bicyclists may be made. Examples of accommodations include bicycle lockers, employee shower facilities and dressing areas for employees. Consideration of the seasonal nature of bicycle use shall be given in approving this reduction.
(d)
Pedestrian-oriented use. For uses that serve the immediate neighborhood, a reduction in the number of required parking spaces may be made.
(e)
Valet parking. Valet parking may be used as a means of satisfying otherwise applicable off-street parking standards.
(f)
Transit credit. When located proximate to a bus stop, credit towards the parking requirements may be granted. The transit stop shall be within 1,000 feet of the use.
F.
Design and maintenance for vehicle parking. Except as provided in Chapter 78 of the Code of the City of Rochester, known as the "Parking Lot Ordinance," pertaining to the parking areas within the CCD District, every parking area, parking lot and garage shall be designed, constructed and maintained in accordance with the standards and requirements set forth herein.
(1)
Parking, general.
(a)
Parking shall be located within 1,000 feet of the use served.
(b)
In addition to the requirements of this section, parking shall be subject to the lot, area and yard requirements of the applicable district. In cases where the provisions of this chapter impose differing restrictions, the greater restrictions shall apply.
(c)
Parking for single-family, two-family and attached dwellings in all districts shall be limited to no more than three vehicles for each dwelling unit. No parking for such residential uses shall be located in the side or front yard except in a legal driveway that provides access to the rear yard, a detached or attached garage.
(d)
Except in the C-3 and M-1 Districts, parking shall not be permitted between a building and the sidewalk on the street. Where existing or proposed buildings are set back from the public right-of-way, the front yard shall not be converted to parking.
(e)
Vehicular access to parking shall not be located on the principal pedestrian-oriented street unless there is no other practical alternative.
(f)
Parking for nonresidential uses shall not be located within 10 feet of any residential district or use, except where a solid screening wall at least four feet in height is placed on the lot line with vehicle stops or a bumper to ensure the integrity of the fence, in which case no setback shall be required.
(g)
Except for residential uses listed in Subsection C above, parking shall not be located within 10 feet of any street frontage, except where a decorative fence or wall of no more than three feet in height is used in conjunction with landscaping.
(h)
A study shall be provided with all new development addressing the potential for and efforts to develop shared or connected parking with adjoining properties as well as shared or combined access from the streets. The proposed site design shall not limit the future potential for shared or connected access and parking between and among adjoining properties.
(2)
Parking lot landscaping. In addition to the standards of § 120-169, the following shall apply:
(a)
A landscaped area shall have a minimum width of five feet, excluding curbs, retaining walls or similar enclosing structures.
(b)
All front yard perimeter landscaping shall include concrete, masonry or metal barriers to contain and/or protect landscaping materials.
(c)
Plant materials located in snow storage areas shall be selected to withstand the conditions associated with these areas.
(d)
All parking lot landscaping shall be salt tolerant.
(e)
Trees located in paved areas shall be provided with adequate tree pits to permit proper watering.
(f)
A minimum of one landscaped area with a minimum size of 162 square feet (approximately nine feet by 18 feet) shall be provided for every 15 parking spaces and developed as islands within the parking surface area. Alternatives to this requirement may be considered in an alternative landscaping plan as set forth in § 120-169.
(g)
Parking lot stops shall consist of durable material, such as concrete, masonry, metal or rubber. In no case shall wooden stops be used.
(h)
All required screening and landscaping shall be maintained and, if required, replaced to comply with the requirements in this section or any approvals issued per this section.
(3)
Design standards.
(a)
The following minimum standards shall apply to the width and length of required parking spaces. These requirements may be modified for various uses including valet parking lots or vehicle sales storage and sales areas where the Director of Zoning and Permitting has obtained plans verifying that stacked parking will not produce streetscape or on- and off-site traffic impacts.
Type of Parking | Angle | Stall Length | Stall Width | Aisle Width |
|---|---|---|---|---|
Parallel | N/A | 24'00" | 8'00" | N/A |
Traditional | 90º | 18'00" | 9'00" | 24'00" |
Traditional | 60º | 21'00" | 9'00" | 18'00" |
Traditional | 45º | 19'10" | 9'00" | 13'00" |
 |
(4)
Ingress and egress.
(a)
Every parking garage and parking lot of 10 or more spaces shall be provided with one two-way driveway at least 22 feet in width or two one-way driveways, each at least 11 feet in width.
(b)
When ingress and egress are less than 22 feet in width, marked separate entrances and exits shall be provided so that traffic shall flow in one direction only.
(5)
Maneuvering space.
(a)
Maneuvering space shall be located completely off the right-of-way of a public street, place or court.
(b)
Maneuvering space shall be designed to prevent any vehicles from backing into the public right-of-way, with the exception of alleys, and except for one-family, two-family and attached dwellings.
(6)
Surface.
(a)
Off-street parking lots and parking areas shall be constructed in such a manner so as to provide an all-weather, durable and dustless surface. Individual stalls shall be clearly identified by markings four to six inches in width.
(b)
Parking surfaces shall be graded and drained to dispose of all surface water accumulation in the area without shedding additional water on an adjoining property or right-of-way.
(c)
The use of interior catch basins or a similar system linked to the Monroe County Pure Waters District facilities shall be approved by the Director of Zoning and Permitting.
(d)
The Director of Zoning and Permitting shall approve the surface material.
(7)
Lighting.
(a)
Illumination shall not be used for the purpose of advertising or attracting attention to the principal use.
(b)
Lighting fixtures shall be designed, sized and located so as not to cast direct rays of excessive brightness upon adjoining premises or cause glare hazardous to pedestrians or person using adjacent public streets.
(c)
Parking lots used after sundown shall be lighted to give protection to persons using the lot and the light source shall cast down.
(d)
All parking lots shall be required to provide lighting from dusk to dawn that meets the Illumination Engineers Society of North America (IESNA) standards.
G.
Design of bicycle parking.
(1)
Bicycle parking shall be located and clearly designated in a safe and convenient location, at least as convenient as the majority of auto spaces provided.
(2)
Facilities shall be designed to accommodate U-shaped locking devices and shall support bicycles in a stable position without damage to wheels, frame or other components and shall be securely anchored and of sufficient strength to resist vandalism and theft.
H.
Commercial parking in special assessment districts. Any use may, by lease, license or similar arrangement, transfer any required parking spaces to a commercial parking lot maintained by a special assessment district established by City Council. In addition:
(1)
Such use shall not be rendered deficient during the term of such lease, license or similar arrangement, provided that the use has access to the commercial parking lot and the parking spaces revert to the control of the use at the termination of the special assessment district.
(2)
The use shall not be rendered deficient by the permanent loss of any such parking spaces caused by the commercial parking lot's compliance with the requirements of this section.
§ 120-174 Off-street stacking requirements.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
The vehicle stacking standards of this section shall comply with all setback standards established for the district and the following shall also apply:
A.
Minimum number of spaces. In addition to minimum parking requirements established in this chapter, the following stacking or queuing areas are required:
Activity Type | Minimum Stacking Spaces | Measured From |
|---|---|---|
Automated teller machine | 3 | Teller |
Bank teller lane | 4 | Teller or window |
Car wash stall, automatic | 9 | Entrance |
Car wash stall, self-service | 3 | Entrance |
Gasoline pump island | 2 | Pump island |
Pharmacy | 4 | Window |
Restaurant drive-through | 6 | Order box |
Restaurant drive-through | 4 | Order box to pickup window |
Oil change and quick lube | 3 | Per bay |
Other | Determined by Director of Zoning and Permitting |
B.
Design and layout. Required stacking spaces are subject to the following design and layout standards:
(1)
The size of a stacking or queuing space shall be 20 feet in length by 10 feet in width.
(2)
Each lane shall be clearly defined in a manner that is identifiable during all seasons.
(3)
Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.
(4)
Stacking spaces must be separated from other internal driveways by raised medians if deemed necessary by the Director of Zoning and Permitting for traffic movement and safety.
§ 120-175 Outdoor storage.
[Amended 12-20-2005 by Ord. No. 2005-394; 9-21-2010 by Ord. No. 2010-323; 9-16-2015 by Ord. No. 2015-297]
A.
Prohibited outdoor storage.
(1)
Outdoor storage shall not be permitted in any zoning district, except as provided by Subsection B of this section. It shall be unlawful for any person to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained outdoors any junk, junk furniture, junk appliance, commercial/industrial materials, garbage, rubbish, litter and debris, as such terms are defined in § 120-208, upon private property within any zoning district, except as provided by Subsection B of this section.
(2)
It shall be unlawful for any person to use any unenclosed front porch area or side porch area for the storage or placement of mattresses or upholstered furniture, within any zoning district.
B.
Permitted outdoor storage.
(1)
Outdoor storage subject to the following restrictions may be authorized in the H-V and PMV Districts by means of a special permit granted in accordance with § 120-192B and the applicable district (H-V or PMV) regulations in this chapter:
(a)
Outdoor storage shall not be allowed in the front yard.
(b)
Outdoor storage shall not occupy more than 10% of the entire lot area.
(c)
All outdoor storage shall be screened to ensure it is not visible from the public right-of-way or adjacent residential properties.
(d)
Screening shall be of sufficient height and density to completely hide the storage from public view.
(e)
Screening shall be of sufficient height and density to completely hide storage from major highways, passenger rail lines and other public accessways.
(f)
Display and storage of boats and boat trailers is permitted in the H-V District.
(g)
Any requirements established by the Planning Commission as a condition of granting a special permit for the use.
(2)
Outdoor storage subject to the following restrictions may be authorized in the C-3 and M-1 Districts by means of a special permit granted in accordance with § 120-192B and the applicable district (C-3 or M-1) regulations in this chapter:
(a)
Outdoor storage shall not be allowed in the front yard setback.
(b)
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential properties.
(c)
Screening shall be of sufficient height and density to completely hide the storage from public view.
(d)
Screening shall be of sufficient height and density to completely hide storage from major highways, passenger rail lines and other accessways.
(e)
Contractor storage must be a minimum of 200 feet from a residential or open space district.
(f)
Any requirements established by the Planning Commission as a condition of granting a special permit for the use.
C.
(1)
Wood intended for consumption on the premises in a woodburning stove, furnace or fireplace, provided that the volume of wood does not exceed a face cord measuring no more than four feet high by four feet wide by eight feet long, placed in the rear yard and stacked on a wood pallet or otherwise raised from the ground.
(2)
Lawn, yard and/or garden ornaments, tools and machinery intended for use on the premises.
(3)
Hoses and sprinklers used for watering lawns and gardens.
(4)
Storage or placement and accumulation of materials in connection with a commercial operation conducted on the premises where such storage, placement and accumulation is situated, operated and authorized in accordance with this or any other chapter of the Municipal Code, including, but not limited to, junkyards and salvage yards authorized pursuant to this chapter and Chapter 66 of the Municipal Code.
(5)
Temporary storage of contractor materials and equipment being used for the construction, renovation, or demolition of a building or structure on the premises for which a current building or demolition permit has been issued or other improvements not requiring a permit.
§ 120-176 Outdoor retail displays.
[Amended 12-20-2005 by Ord. No. 2005-394; 9-21-2010 by Ord. No. 2010-323]
Outdoor retail displays in association with an existing use on site shall be allowed in nonresidential districts and the Overlay Boutique District subject to the following:
§ 120-177 Signs.
A.
Purpose. The purpose of this section is to provide standards for the regulation of the height, size, location and appearance of signs to:
(1)
Protect and enhance property values and neighborhood character;
(2)
Protect public and private investment in buildings and open spaces;
(3)
Encourage sound signing practices to aid business and provide information to the public;
(4)
Prevent excessive and confusing sign displays;
(5)
Reduce hazards to motorists and pedestrians;
(6)
Protect the public health, safety and general welfare.
B.
Allowed signs. The following are allowed in any district without a certificate of zoning compliance provided they fall within any given thresholds. If the thresholds are exceeded, a certificate of zoning compliance will be required. The signs in this section shall not be subject to the provisions of § 120-177D, Permitted permanent signs for nonresidential use.
(1)
Customary holiday decorations;
(2)
One prominently displayed building address sign that is pedestrian- and automobile-oriented according to the provisions of Chapter 61;
(3)
Family name signs;
(4)
Decorative flags;
(5)
No trespassing and similar signs;
(6)
Traffic control signs;
(7)
No more than two directional and parking signs not exceeding two square feet per business and no taller than three feet high;
(8)
Signs, flags or emblems erected and maintained pursuant to any government function;
(9)
Decorative or architectural features of a building, except letters or trademarks;
(10)
Memorial or historic plaques, markers, monuments or tablets;
(11)
Safety signs;
(12)
Gasoline price signs attached to a gasoline dispenser and not exceeding one square foot per face;
(13)
Permanent bulletin board event signs related to places of worship and public and semipublic uses not exceeding six square feet.
C.
Limited signs. The following signs are limited to two per lot without a certificate of zoning compliance:
(1)
Political signs not exceeding six square feet per side; all election signs shall be removed within 14 calendar days following the election;
(2)
Real estate signs not exceeding six square feet per side;
(3)
Nonilluminated home occupation signs attached to the dwelling and less than one square foot in area unless otherwise restricted; and
(4)
One construction or renovation sign, six square feet in size or less, erected by a contractor, engineer, architect or similar professional or business and removed at the termination of the portion of the project activity.
D.
Permitted permanent signs for nonresidential uses. The following signs are permitted subject to the requirements of this chapter:
[Amended 7-27-2004 by Ord. No. 2004-240; 11-25-2008 by Ord. No. 2008-384; 9-21-2010 by Ord. No. 2010-323]
District | Permitted Signs | |
|---|---|---|
R-1 R-2, O-O and O-B | 1 attached or detached sign, not exceeding 15 square feet in area; detached signs shall be posted no more than 4 feet in height from the finished grade of the lot | |
R-3, C-1, C-2, H-V, PMV, C-V and PD | 1 attached sign identifying uses or services on the premises that includes 0.5 square foot in area for every foot of the building frontage per street frontage; | |
No more than 1 detached sign per parcel located in the front yard not exceeding 25 square feet in size per side of sign and posted no more than 4 feet in height from the finished grade of the lot | ||
C-3 | Maximum signage area of 10% of the primary building facade per lot including: | |
Attached signs identifying uses or services on the premises not exceeding 1.5 square feet for every foot of building frontage; and/or | ||
1 detached sign located in the front yard not exceeding 50 square feet in size per side and posted no more than 15 feet in height from the finished grade of the lot | ||
M-1 | Maximum signage area of 10% of the primary building facade per lot including: | |
Attached signs identifying uses or services on the premises not exceeding 1.0 square foot for every foot of building frontage; and/or | ||
1 detached sign located in the front yard not exceeding 32 square feet in size per side and no more than 6 feet high from the finished lot grade | ||
O-S | 1 sign not exceeding 20 square feet identifying any building or use permitted under this chapter | |
R-1 and R-2 District  |
R-3, C-1, C-2, H-V and PMV  |
C-3  |
M-1  |
O-S  |
E.
Sign location.
(1)
Upon relocation of a business or service for reasons of an unforeseen disaster (example: due to fire), an off-site sign shall be allowed for a period of six months;
(2)
No sign shall be at any location where it interferes with or obstructs the view or free passage of pedestrian or vehicular traffic;
(3)
No sign shall be painted, placed or constructed directly on or project from a roof;
(4)
No sign shall be attached to any tree, utility pole or street appurtenances as set forth in Chapter 35 or be painted upon or otherwise affixed to any rock, ledge or other natural feature;
(5)
No detached sign shall be closer than 10 feet to a residential lot line;
(6)
Signs parallel to and attached to a building shall not be set out more than 10 inches, except in cases where the sign contains electrical components, in which case the sign shall project more than 15 inches from the building;
F.
Design standards.
(2)
Signs shall be professionally manufactured.
(3)
No more than 50% of the sign face may be covered with text or graphics.
(4)
The area of signs composed of individual letters without a background shall include the area enclosed by a series of lines joined to form a perimeter bounding all parts of the display, including all lettering, logo, graphics and trademarks.
(5)
No pennants, ribbons, streamers, sheets, spinners or other moving devices shall be allowed in the City of Rochester.
(6)
No sign shall consist of strings of lights or contain blinking, flashing, intermittent, rotating, glaring, or moving lights or other attention-attracting devices.
(7)
Any illuminated sign shall employ only lights emitting a light of constant intensity.
(8)
Internally lit signs shall be prohibited in all residential, C-1, PMV and H-V Districts.
(9)
In the C-2, C-3 and M-1 Districts, internally lit signs shall be permitted on principal and minor arterials (as defined in Attachment SC, Street Classifications) and shall be in the form of:
(a)
Individually mounted and illuminated channel letters made of a durable material; or
(10)
Neon window signs may be permitted in cases where they are compatible with the building's use, historic and/or architectural character.
(12)
The area of an awning or canopy that includes lettering, logo, graphics and trademarks shall be included in calculations for allowed signage.
(13)
In the case of buildings containing a grouping of two or more uses, tenancies or the like, such uses shall be permitted signs containing 0.5 square foot in area for every foot of building frontage.
[Amended 9-21-2010 by Ord. No. 2010-323]
(14)
In commercial or industrial buildings or plazas with three or more occupants, a shared sign is required. Kiosk sign structures are encouraged to advertise for these multitenant buildings and plazas.
(15)
No sign shall be movable or portable unless defined as a temporary sign.
G.
Maintenance of signs.
(1)
Every sign shall at all times be maintained in a safe and structurally sound condition. Signs that do not comply with adequate safety standards shall be removed at the property owner's expense.
(2)
Signs must be regularly maintained, including the replacement of worn parts, painting and cleaning.
(3)
The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced.
H.
Abandoned signs .
(1)
Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, or any sign and structure which pertain to a time, event or purpose which no longer applies, shall be deemed to have been abandoned.
(2)
Abandoned signs and structures are prohibited and shall be removed by the owner of the sign or owner of the premises.
I.
Amortization of signs.
(1)
All advertising signs shall become an unlawful accessory uses after the periods provided below and shall be removed:
Fair Market Value on Date of Notice of Removal Requirement | Period Permitted From Notice (years) |
|---|---|
Under $1,999 | 3 |
$2,000 to $3,999 | 4 |
$4,000 to $5,999 | 6 |
$6,000 to $7,999 | 7 |
$8,000 to $9,999 | 9 |
$10,000 and over | 10 |
(2)
The following are exempt from the amortization provisions:
(a)
Advertising signs within 660 feet of a Federal Interstate and Primary Highway System highway which is located in the M-1 District or any commercial district and whose face is visible from such highway; and
(b)
Advertising signs and like outdoor advertising devices existing in the C-3 and M-1 Districts at the time of the enactment of this chapter, except rooftop installations.
J.
Temporary signs.
(1)
Temporary or portable signs shall be used for the following purposes only:
(2)
Temporary signs may not exceed 20 square feet in size; no more than one temporary sign shall be permitted per business.
(3)
Temporary sign shall be removed within 90 days and will not be renewable for 90 days except three times per year, for no more than 72 hours per occasion.
(4)
Temporary signs shall comply with the location and design standards contained in this chapter.
K.
Alternative sign program. In order to provide an imaginative, effective, visually compatible plan for all signs on a property, a property owner may submit a sign program containing provisions different from the requirements in Subsections D throuugh F listed in this section. The intent of this provision is to allow for creative responses to site-specific conditions or uses. Each such alternative sign program shall be reviewed as a special permit, in accordance with the provisions of § 120-192, except that in the case of signs in preservation districts the Preservation Board shall be responsible for approval of an alternative sign program. The applicant shall submit graphic and written information indicating why the signage does not comply with existing sign regulations in using the alternative sign program. In no case shall the regulations of this chapter pertaining to advertising signs be altered or changed through the use of the alternative sign program.
[Amended 6-17-2003 by Ord. No. 2003-183]
L.
Allowed sign message. Any allowed or permitted permanent sign or advertising sign authorized in this chapter may contain a noncommercial message constituting a form of expression in lieu of other copy.
M.
Advertising signs.
(1)
Except for the M-1 and C-3 Districts or within 660 feet of a Federal Interstate and Primary Highway System highway which is located in the M-1 District or any commercial district, no off-site signs shall be permitted.
(2)
No advertising sign shall be located:
(a)
Within 100 feet of any preservation district boundary line or any lot line of a designated landmark or National Register districts or buildings if the sign or sign structure is visible from any such lot line at any point within 25 feet above ground level;
(b)
Within 200 feet of any other advertising sign structure located on the same side of the street or within 100 feet of any other such sign structure;
(c)
For signs having a gross surface area in excess of 300 square feet, within 500 feet of any other such sign on the same side of the street;
(d)
Within 100 feet of any lot line of any school, church, library or public park or other public or semipublic use;
(e)
At any location within 750 feet of the Genesee River or either of its banks when the sign or sign structure can be viewed simultaneously at ground level with the river or either of its banks;
(f)
For sign structures oriented toward an expressway, no sign structure shall be located within 500 feet of any other sign structure located on the same side of the expressway, regardless of sign face orientation to the direction of travel, except that two or more signs erected back to back so as to be oriented to be visible from two or more directions of travel shall be deemed to be one sign structure;
(g)
Within 200 feet of the established outer boundary of the Civic Center;
(h)
Within five feet of any street line.
(3)
In order to determine whether or not a suggested sign site conforms to the location criteria, the suggested site shall be the point of origin for all radii to be drawn. This method of measurement recognizes the fact that portions of certain properties qualify for sign placement while other portions of the same properties do not. It is the intention of these provisions to qualify or disqualify sign sites and not whole properties when portions of such properties are outside drawn radii.
(4)
No more than two sign faces may be erected at any site, and each sign face must be back to back.
(5)
No advertising sign shall be more than 236 square feet for each side.
(6)
The height of the sign shall not exceed 23 feet.
(7)
All advertising signs shall include only one advertisement that covers the entire sign face at all times.
(8)
Cutouts or extensions shall not exceed five feet beyond the permitted height of the sign.
§ 120-178 Site grading.
[Amended 6-17-2003 by Ord. No. 2003-183; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
All site grading shall conform to the following requirements:
A.
Lot grading will be done in such a way as to preserve or enhance the topographic features and to provide positive drainage of stormwater away from structures and into public storm sewers or approved drainage channels. All site grading shall be designed to meet the following standards:
Minimum Slope | Maximum Slope | |
|---|---|---|
Planting areas | 2% | 25% |
Parking lot pavement | 2% | 4% |
Driveways | 2% | 6% |
Pedestrian pavements | 1% | 2% |
Sidewalks | 1% | 5% |
 |
B.
Where retaining walls are required, they shall be of a material compatible with the building architecture. Wooden retaining walls are prohibited.
C.
Berms, channels, swales, etc., shall be graded in such a way as to be an integral part of the grading and paved surface. Such features shall be designed with smooth vertical transitions between changes in percent slope.
§ 120-179 Responsibility for administration.
[Amended 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Direct responsibility for the administration of the provisions of this chapter shall be vested in the City Council, Director of Zoning and Permitting, Project Review Committee, Planning Commission, Preservation Board and Zoning Board of Appeals, all in accordance with the provisions of this article. The Commissioner of Neighborhood and Business Development, the Corporation Counsel and other officials, departments and agencies of the City shall cooperate in such administration and enforcement, as specified below.
B.
In addition to the jurisdiction, authority and duties conferred on him or her by other provisions of the Charter, codes and ordinances of the City of Rochester, the Corporation Counsel, or his or her designee, shall have the following jurisdiction, authority and duties with relation to the administration and enforcement of this chapter:
(1)
The Corporation Counsel, or his or her designee, shall attend all hearings of the Zoning Board of Appeals, the Planning Commission and the Preservation Board and shall attend any meeting of any such body at which his or her presence has been requested and shall act as the legal advisor to the body holding such hearing or meeting.
(2)
The Corporation Counsel, or his or her designee, shall provide all appropriate advice and aid to the Director of Zoning and Permitting in the enforcement of this chapter and shall, where appropriate, initiate such legal actions as may be necessary to the proper enforcement of this chapter.
(3)
The Corporation Counsel, or his or her designee, shall review and give his or her opinion concerning the legal sufficiency of any Charter provision, code, ordinance, rule or regulation, or amendments thereto, relating to land use development and regulation presently in force or proposed for adoption by any official, department, bureau, board, commission or agency of the City.
(4)
The Corporation Counsel, or his or her designee, shall be available, on reasonable request, for consultation with the Director of Zoning and Permitting, the Zoning Board of Appeals, the Planning Commission and the Preservation Board concerning matters properly subject to their jurisdiction and authority.
§ 120-180 City Council.
A.
Jurisdiction, authority and duties. In addition to the jurisdiction conferred on it by other provisions of the Charter, codes and ordinances of the City, the City Council shall have the following jurisdiction and authority:
(1)
Text amendments. The City Council shall be responsible for reviewing Zoning Ordinance text amendment applications and for taking final action to approve, approve with conditions, modify or deny such applications.
(2)
Map amendments. The City Council shall be responsible for reviewing map amendment (rezoning) applications and for taking final action to approve, approve with conditions, modify or deny such applications.
(3)
Planned development district designation. The City Council shall be responsible for reviewing planned development district designation applications and for taking final action to approve, approve with conditions, modify or deny such applications.
(4)
Preservation district designation. The City Council shall be responsible for reviewing preservation district designation applications and for taking final action to approve, approve with conditions, modify or deny such applications.
§ 120-181 Project Review Committee.
[Amended 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 7-22-2014 by Ord. No. 2014-209; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Membership.
(1)
There shall be a Project Review Committee made up of the following individuals or a designee:
(a)
The Director of Zoning and Permitting;
(b)
The Director of Development Services;
(c)
The Manager of Planning;
(d)
The Permit Office Manager;
(e)
The City Engineer;
(f)
The Director of Buildings and Compliance; and
(g)
Three urban design specialists, appointed by the Mayor, that could include, but not be limited to, an architect, an urban planner and a landscape architect.
(2)
The Director of Zoning and Permitting may request that other City staff attend the discussions of the Project Review Committee as necessary.
B.
Chairperson. The Director of Zoning and Permitting shall serve as Chair of all Project Review Committee meetings.
C.
Staff Secretary and public record. The Director of Zoning and Permitting, or a designee, shall be the Staff Secretary of the Project Review Committee. The Staff Secretary shall provide for keeping a file of all records of the Committee, and such records shall be public records open to inspection at reasonable times and upon reasonable notice.
D.
Recommendation procedures.
(1)
Recommendation to the Director of Zoning and Permitting. Subject to the procedures, standards and limitations set forth in § 120-191, Procedures approved by the Director of Zoning and Permitting, the Project Review Committee shall review all major site plans referred to it by the Director of Zoning and Permitting and make a recommendation to approve, approve subject to conditions or deny the application.
(2)
Quorum and necessary vote. The Project Review Committee may meet and deliberate at any meeting regardless of the presence of a quorum consisting of five members or may continue consideration of such matter to any later meeting. However, no final recommendation shall be made on any such matter without a quorum being present. The concurring recommendation of a majority of the quorum of the Committee shall be necessary.
E.
Meetings and procedures.
(1)
Meetings.
(a)
Meetings shall be held on a regular basis, at least monthly, to review and make recommendations on all development within the authority of the Committee. All meetings of the Project Review Committee shall be held at the call of the Chair or as provided by rule of the Committee.
(b)
The applicant or an authorized designee may be in attendance at the meetings to respond to clarifying questions the Project Review Committee may have.
(c)
Meetings shall be open to the public; however, no public participation shall be permitted.
F.
Record. The recommendation, with appropriate exhibits and papers filed in any meeting before the Project Review Committee, and the report shall constitute the record.
G.
Jurisdiction and authority. In addition to the jurisdiction conferred on it by other provisions of the Charter, codes and ordinances of the City, the Project Review Committee shall have the following jurisdiction and authority:
(1)
Subject to the provisions of § 120-191, to review and make its recommendations on major site plan applications that have been referred to it by the Director of Zoning and Permitting.
(2)
To review and make recommendations on neighborhood design guidelines.
(3)
Upon reasonable written request, to make its special knowledge and expertise available to any official, department, bureau, board, commission or agency of the City, county, state or federal governments to aid them in the performance of their respective duties relating to the design of development.
§ 120-182 Director of Zoning and Permitting.
[Amended 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 12-15-2009 by Ord. No. 2009-411; 9-21-2010 by Ord. No. 2010-323; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Staff Secretary. The Director of Zoning and Permitting, or a designee, shall serve as Staff Secretary to the Zoning Board of Appeals, the Planning Commission, the Environmental Commission, the Preservation Board and the Project Review Committee. The Director of Zoning and Permitting, or a designee, shall, in that capacity:
(1)
Attend the meetings of each such body.
(2)
Inform each such body of all facts and information at his or her disposal with respect to any matter brought before such body.
(3)
Give notice, 30 days prior to the expiration of the term of any member of any such bodies, of the date on which the term of such member shall expire to such member and to the Commissioner of Neighborhood and Business Development.
(4)
Perform such other duties as may be assigned to the Director of Zoning and Permitting by the Charter, this chapter and by the rules of such bodies.
B.
Records. The Director of Zoning and Permitting shall maintain a copy of all official records pertaining to the official duties as outlined in this chapter and the various bodies for which the Director serves as staff secretary. Such records shall be filed with the City Clerk, as required by law.
C.
Applications; receipt, processing and notification.
(1)
Receipt. The Director of Zoning and Permitting shall receive all applications, other than applications for certificates of occupancy, required to be filed pursuant to this chapter and such other applications that the codes and ordinances of the City may from time to time require to be filed with the Director of Zoning and Permitting.
(2)
Processing. Upon receipt of any such application, the Director of Zoning and Permitting shall see to its processing, including its referral to and retrieval from each official, department, bureau, board, commission or agency of the City, or other government, with any interest in or duty with respect to such application.
(3)
Notification.
(a)
Within five business days following the final disposition of any application submitted to the Director of Zoning and Permitting pursuant to this subsection, the Director of Zoning and Permitting shall notify:
(b)
In any case where an application has been denied, such notice shall inform the applicant of any right to appeal such denial that may exist pursuant to this chapter.
D.
Failure to act. In any case where this chapter provides that the failure of the Director of Zoning and Permitting to act within a fixed period shall be deemed a denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Director of Zoning and Permitting rendered on the day following the expiration of such fixed period. Such a decision may be appealed in the same manner as any other decision but, on such appeal, shall be entitled to no presumption of correctness.
E.
Jurisdiction, authority and duties.
(1)
Whenever the Zoning Board of Appeals, the Planning Commission, the Environmental Commission, the Preservation Board or the Project Review Committee by general rule or specific direction so requests, the Director of Zoning and Permitting shall conduct or request such surveys, investigations and field studies and shall prepare or cause to be prepared such reports, maps, photographs, charts and exhibits as shall be necessary and appropriate to the processing of any application filed with the Director of Zoning and Permitting.
(2)
In addition to the jurisdiction, authority and duties conferred on the Director of Zoning and Permitting by other provisions of the Charter, codes and ordinances of the City of Rochester, the Director of Zoning and Permitting, or a designee, shall be charged with the administration of this chapter and shall have all powers necessary to such administration and, in particular, shall have the following jurisdiction, authority and duties:
(a)
Certificate of zoning compliance. Pursuant to the provisions of § 120-189, the Director of Zoning and Permitting shall review all applications for certificates of zoning compliance and approve or disapprove the applications based on compliance or noncompliance with the provisions of this chapter.
(b)
Site plan review.
[1]
Subject to the procedures, standards and limitations set forth in § 120-191, the Director of Zoning and Permitting shall review or cause to be reviewed all site plans and approve, approve with conditions or deny such applications.
[2]
All major site plans shall be referred to the Project Review Committee for review and recommendation. The Director of Zoning and Permitting shall comply with the recommendation unless there are documented reasons for rejecting the findings and issuing a decision that is contrary to the recommendation of the Project Review Committee.
(c)
Administrative adjustments. Subject to the procedures, standards and limitations set forth in § 120-191, the Director of Zoning and Permitting shall review or cause to be reviewed applications for administrative adjustments and shall approve, approve with conditions or deny such applications.
(d)
Interpretations. Pursuant to the provisions of § 120-191, the Director of Zoning and Permitting shall issue written interpretations of the meaning and applicability of specific provisions of this chapter. Any interpretation of this chapter shall be kept on file with the Director of Zoning and Permitting and shall be a public record of the City open to inspection by all persons at reasonable times and upon reasonable notice.
(e)
Planned development district and cluster modifications. The Director of Zoning and Permitting shall have the authority to approve detailed development plans as part of the planned development district and cluster modifications process pursuant to §§ 120-190 and 120-192. In addition, the Director of Zoning and Permitting shall have authority to permit minor adjustments to final plans for planned development districts.
(f)
Certificates of appropriateness. The Director of Zoning and Permitting shall issue all certificates of appropriateness for applications that conform to the preservation guidelines adopted by the Preservation Board.
(g)
Certificate of nonconformity. The Director of Zoning and Permitting shall issue all certificates of nonconformity subject to the requirements of Article XXIV.
(h)
Other permits. The Director of Zoning and Permitting shall issue all other certificates, permits and approvals required by this chapter or after being authorized to do so by the person or body responsible for authorizing such issuance. All such certificates, permits and approvals shall contain any information required to be included therein by this chapter or the authorizing person or body and, in particular, shall expressly set forth any limitations or conditions imposed on the issuance of such permit.
(i)
Extensions of time. The Director of Zoning and Permitting may, upon written request by an applicant or a permittee prior to the expiration date of the approval, for good cause shown and without notice of hearing, extend the original time limit imposed on an applicant or permittee by this chapter or, unless a resolution shall expressly provide otherwise, by any resolution of any body acting pursuant to this chapter, for a period not to exceed the length of the original period. For any additional time limit extensions, the Director of Zoning and Permitting shall notify the appropriate approval body that shall make a recommendation for or against the extension. A nonrefundable fee, as may be established from time to time by the City Council to defray administrative costs, shall accompany each request.
(j)
Reports. Twenty-four months after the effective date of this chapter, the Director of Zoning and Permitting shall submit a comprehensive report evaluating the performance and effectiveness of the Zoning Code to the Mayor and City Council. Thereafter, such reports shall be prepared at the request of the Mayor or the City Council.
F.
Input from other departments. The Director of Zoning and Permitting may request technical and legal aid, assistance and expertise from appropriate City departments for the various boards and commissions as he or she may reasonably require in the performance of his or her duties.
§ 120-183 Environmental Commission.
The Rochester Environmental Commission shall have the jurisdiction and authority set forth in Chapter 48.
§ 120-184 Planning Commission.
[Amended 6-17-2003 by Ord. No. 2003-183; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 9-16-2014 by Ord. No. 2014-275; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Membership.
(1)
Appointment and terms. Pursuant to the Charter of the City of Rochester, there is hereby established a Planning Commission, which shall consist of seven regular members appointed by the Mayor, subject to confirmation by City Council. All new members shall be appointed for a two-year term; members may be appointed to subsequent terms of two years. There shall be no limitation on the number of terms served by a member of the Planning Commission.
(2)
Commission composition. Members of the Planning Commission shall be residents of the City of Rochester and shall not be officers or employees of the City or any of its agencies or departments. At all times there shall be at least one member residing in each City Council district, except that the failure of the Commission to meet this requirement shall not affect the validity of the Commission's actions.
(3)
Compensation. Members of the Planning Commission shall serve without compensation but shall be entitled, to the extent of available funds appropriated, to reimbursement for reasonable expenses necessarily incurred in the performance of their duties.
(4)
Vacancies. Permanent vacancies on the Planning Commission shall be filled by the Mayor, subject to confirmation by City Council as set forth above.
(5)
Mandatory training. The members of the Planning Commission shall be required to attend at least eight hours of training regarding land use issues by the end of their initial full term on the Commission. For each subsequent term, the Planning Commission members shall be required to attend four hours of training.
(6)
Removal. Any member of the Planning Commission may be removed for cause by the Mayor at any time; provided, however, that before any such removal, such member shall be given an opportunity to respond to allegations of such cause in writing to the Mayor.
(a)
Cause for removal of a member shall include:
[1]
Any undisclosed or unlawful conflict of interest;
[2]
Any violation of the codes, ordinances or rules applicable to the member's performance of his or her duties;
[3]
Any unwillingness or inability to carry out his or her duties in a prompt, conscientious and competent manner;
[4]
Any conduct tending to cast doubt upon the integrity or objectivity of the member in performing his or her duties or any other specific conduct of the member found by the Mayor to be detrimental to the proper functioning of the Commission.
(b)
Members shall be removed from the Planning Commission if they miss 50% or more of the meetings during the course of one calendar year or do not meet their mandatory training requirements.
B.
Chairperson and Vice Chairperson.
(1)
The members of the Planning Commission shall annually elect one of their members as Chairperson, to preside at all meetings and hearings of the full Commission and to fulfill the customary functions of that office, and another of their number as Vice Chairperson. The Chairperson and Vice Chairperson may administer oaths.
(2)
In the absence of the Chairperson, the Vice Chairperson shall act as Chairperson and shall have all the powers of the Chairperson. The Vice Chairperson shall have such other powers and duties as may from time to time be provided by the rules of the Planning Commission.
(3)
In the absence of both the Chairperson and the Vice Chairperson, the members present shall vote to establish a temporary Chairperson.
C.
Staff Secretary and public record.
(1)
The Director of Zoning and Permitting, or a designee, shall be the Staff Secretary of the Planning Commission and shall attend all its proceedings and, upon request, the proceedings of any of its committees.
(2)
The Staff Secretary shall provide for the keeping of minutes of the proceedings of the Board, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact and shall maintain all state-mandated permanent records of Commission meetings, hearings and proceedings and all correspondence of the Commission. The Staff Secretary shall provide for keeping a file of all records of the Commission, and such records shall be public records open to inspection at reasonable times and upon reasonable notice.
D.
Voting procedures.
(1)
Quorum.
(a)
As to any matter requiring a hearing before the Planning Commission, no business shall be transacted by the Commission without a quorum. The concurring vote of four members shall be necessary for any action by the Commission. If less than a quorum is present, the hearing may be adjourned as outlined in Subsection D(1)(b) below.
(b)
A member absent from any portion of a hearing or meeting shall be qualified to vote at a subsequent hearing or meeting upon the matter heard provided he or she shall first certify on the record that he or she has reviewed the entire record of any such portion of the hearing or meeting during which he or she was absent and has been fully informed of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.
(2)
Adjournment.
(a)
If during the course of a public hearing there is a determination that a continuation of the hearing is needed and the date and time are announced, no further notification of the adjournment will be required.
(b)
If notification of the date and time of the adjourned hearing date cannot be determined at the hearing, notification requirements set forth in this chapter shall be followed.
(3)
Deliberation. As to any matter not requiring a hearing, the Planning Commission may meet and deliberate at any properly called meeting regardless of the presence of a quorum or may continue consideration of such matter to any later meeting. However, no final action shall be taken on any such matter without a quorum.
E.
Meetings, hearings and procedures.
(1)
Meetings. Regular meetings of the Planning Commission shall be held at the call of the Chairperson, the Director of Zoning and Permitting, or as provided by rule of the Commission. Special meetings shall be called by the Chairperson at the request of any three members of the Commission or at the request of the City Council.
(2)
Hearings. All meetings and hearings of the Planning Commission shall be open to the public. All testimony at any hearing of the Planning Commission shall be given under oath.
(3)
Procedures. The Planning Commission shall adopt its own rules of procedure for the conduct of its business consistent with this chapter and the statutes of the State of New York. Such rules shall be filed with the Staff Secretary of the Commission and the City Clerk.
F.
Planning Commission bylaws. The Planning Commission shall prepare and adopt bylaws from time to time outlining meeting times and related procedures. The bylaws shall be submitted to the Director of Zoning and Permitting for review and acceptance.
G.
Record and decisions.
(2)
Decisions.
(a)
The Planning Commission may rely on the personal knowledge of its members, on testimony during public hearings, on its inspections of the property and on any reports available to it; provided, however, that reliance on such matter shall not be allowed unless the Commission shall have made the particular knowledge, inspection or report a matter of record at the public hearing and afforded every party reasonable time to respond to it at the hearing.
(b)
Every decision of the Planning Commission upon an application for amending this chapter, for cluster development approval, for special permit approval, for site plan approval or for designation of a landmark shall be by written resolution which shall include findings of fact, shall refer to all the evidence in the record and to the exhibits, plans or specifications upon which such decision is based and shall contain the findings of fact which shall set forth the recommendation of the Commission or shall approve, approve with conditions or deny approval. Every resolution shall expressly set forth any limitations or conditions imposed on any approval or any development, work or use authorized.
(3)
Final decision. The Planning Commission shall take no final or binding vote on any decision pertaining to the aforesaid applications unless it shall first state its findings and conclusions as above required at a meeting open to the public.
(4)
Failure to act.
(a)
In any case where this chapter provides that the failure of the Planning Commission to act within a fixed period shall be deemed a denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Commission rendered on the day following the expiration of such fixed period. Such a decision may be appealed in the same manner as any other decision but, on such appeal, shall be entitled to no presumption of correctness.
(b)
Where no decision is made by the Planning Commission and the time period for rendering a decision has not expired, the action will be placed on the agenda of the next scheduled regular or special meeting.
(5)
Notification of decision. Within 10 business days following any decision on such applications, the Staff Secretary shall mail notice thereof to each person entitled to such notice and file such decision in the office of the City Clerk. As to other matters brought before the Commission, the Commission shall prepare such report as it shall deem appropriate to the subject matter.
H.
Conflicts. No member of the Planning Commission shall participate in the hearing or disposition of any matter in which he or she has an interest. Any conflict of interest prohibited by Article 18 of the General Municipal Law or by the Rochester Code of Ethics and as interpreted by the Ethics Board shall disqualify a member.
I.
Appeals. An appeal from any final decision of the Planning Commission as to any matter over which it has final authority may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules and § 38 of the New York General City Law.
J.
Jurisdiction and authority. The Planning Commission shall have the following jurisdiction and authority:
(1)
To review and recommend on matters relevant to the Comprehensive Plan and the Official Map to the City Council.
(2)
To review the capital improvement program.
(3)
Subject to the provisions of § 120-190, to initiate, hear, review and offer its recommendations to the City Council on applications for amendment of this chapter.
(4)
Subject to the provisions of § 120-190, to hear, review and offer its recommendations to the City Council on applications for planned development district approval.
(5)
Subject to the provisions of § 120-192, to hear, review and finally decide applications for cluster development approval.
(6)
Subject to the provisions of § 120-192, to hear, review and finally decide applications for special permit approval.
(7)
To initiate, review and offer its recommendations on proposals for the establishment of preservation districts .
(8)
Subject to the provisions of § 120-193, to initiate, review and approve or disapprove proposals for the designation of landmarks.
(9)
Subject to the provisions of § 120-191, to hear, review and finally decide on applications for site plan approval referred to the Commission.
(11)
To hear, review and approve subdivisions .
(12)
When requested, to aid and assist the City Council and the departments and agencies of the City in planning specific projects.
(13)
To review and report on any matter referred to it by the City Council or Mayor. All aspects and effects of such review and report shall be governed by the directions of the City Council or Mayor in making such referral.
(14)
Upon reasonable, written request, to make its special knowledge and expertise available to any official, department, bureau, board, commission or agency of the City, county, state or federal governments to aid them in the performance of their respective duties relating to the planning and development of the City and its region.
(15)
In furtherance of the above jurisdiction and authority, to make such investigations, maps and reports, and recommendations in connection therewith, relating to the planning and development of the City of Rochester as seem desirable to it; provided, however, that the expenditures of the Commission shall not exceed the amount appropriated.
(16)
In furtherance of the above jurisdiction and authority, and with the prior authorization of the Mayor, to employ such experts and other assistants as may be necessary or convenient to carry out its duties hereunder and to pay for their services and for other necessary and proper expenses; provided, however, that such expenditures shall not exceed such funds as may be appropriated for such purposes from time to time by the City Council.
K.
Alternate members. The Mayor is hereby authorized to appoint, subject to confirmation by City Council, up to three alternate members to the Commission for purposes of substituting for a regular member in the event such regular member is unable to participate in the Commission's consideration of any application or other matter.
(1)
Substitution. The Chairperson of the Commission may designate an alternate member to substitute for a regular member when such regular member is unable to participate in the consideration of any application or other matter before the Commission due to a conflict of interest, illness, or any other reason that causes the regular member to be absent or otherwise unable to participate. When so designated, the alternate member shall possess all the powers and responsibilities of such regular member of the Commission for the application or matter so designated by the Chairperson. Such designation shall be entered into the minutes of the Commission meeting at which the substitution is made. Each alternate member shall be a resident of Rochester and shall be appointed for a two-year term.
(2)
Other requirements. All other provisions of this § 120-184 and the rest of the Municipal Code relating to the eligibility, compensation, ethics, conflicts of interest, vacancies, mandatory training, reappointment and removal of regular Commission members shall also apply to alternate members; provided, however, that there shall be no requirement that there be at least one alternate member residing in each City Council district.
§ 120-185 Preservation Board.
[Amended 6-17-2003 by Ord. No. 2003-183; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 11-15-2011 by Ord. No. 2011-351; 9-16-2014 by Ord. No. 2014-275; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Membership.
(1)
Appointment and terms. Pursuant to the Charter of the City of Rochester, there is hereby established a City Preservation Board, which shall consist of seven regular members appointed by the Mayor, subject to confirmation by City Council. All new members shall be appointed for a two-year term; members may be appointed to subsequent terms of two years. There shall be no limitation on the number of terms served by a member of the Preservation Board.
(2)
Board composition.
(a)
Among the members of the Preservation Board there shall be:
(b)
Members of the Preservation Board shall be residents of the City of Rochester, and no member of the Preservation Board shall be an officer or employee of the City of Rochester or any of its agencies or departments. The failure of the Board to meet the composition requirement shall not affect the validity of the Board's actions.
(3)
Compensation. Members of the Preservation Board shall serve without compensation but shall be entitled, to the extent of available funds appropriated, to reimbursement for reasonable expenses necessarily incurred in the performance of their duties.
(4)
Vacancies. Permanent vacancies on the Preservation Board shall be filled by the Mayor in the same manner as other appointments as set forth above.
(5)
Mandatory training. The members of the Preservation Board shall be required to attend at least eight hours of training regarding historic preservation issues by the end of their initial term on the Board. For each subsequent term, the Preservation Board members shall be required to attend four hours of training.
(6)
Removal. Any member of the Preservation Board may be removed for cause by the Mayor at any time; provided, however, that before any such removal, such member shall be given an opportunity to respond to allegations of such cause in writing to the Mayor.
(a)
Cause for removal of a member shall include:
[1]
Any undisclosed or unlawful conflict of interest;
[2]
Any violation of the codes, ordinances or rules applicable to the member's performance of his or her duties;
[3]
Any unwillingness or inability to carry out his or her duties in a prompt, conscientious and competent manner;
[4]
Any conduct tending to cast doubt upon the integrity or objectivity of the member in performing his or her duties or any other specific conduct of the member found by the Mayor to be detrimental to the proper functioning of the Board.
(b)
Members shall be removed from the Board if they miss 50% of the meetings during the course of one calendar year or do not meet their mandatory training requirements.
B.
Chairpersons.
(1)
Chairperson and Vice Chairperson.
(a)
The members of the Preservation Board shall annually elect one of their number as Chairperson, to preside at all meetings and hearings of the full Board and to fulfill the customary functions of that office, and another of their number as Vice Chairperson. The Chairperson and Vice Chairperson may administer oaths.
(b)
In the absence of the Chairperson, the Vice Chairperson shall act as Chairperson and shall have all the powers of the Chairperson. The Vice Chairperson shall have such other powers and duties as may from time to time be provided by the rules of the Preservation Board.
(c)
In the absence of both the Chairperson and the Vice Chairperson, the members present shall vote to establish a temporary Chairperson.
(2)
Committee chairperson. In any case where a committee of the Board is authorized to act, the Chairperson may designate or, absent such designation, the committee members may select a committee chairperson. While acting as such, the committee chairperson shall have all of the powers of the chairperson with respect to the conduct of meetings and hearings of the committee.
C.
Committees. For the purpose of reviewing and acting upon applications for certificates of appropriateness pursuant to § 120-194, the Preservation Board may, by rule, establish procedures for the appointment or selection of permanent or ad hoc committees, consisting of three members of the Board, and for the assignment to such committees of such applications for action. Except as specifically provided otherwise in this section, the provisions of this section pertaining to the Preservation Board shall be applicable to its committees.
D.
Staff Secretary and public record.
(1)
The Director of Zoning and Permitting, or a designee, shall be the Staff Secretary of the Preservation Board and shall attend all its proceedings and, upon request, the proceedings of any of its committees.
(2)
The Staff Secretary shall provide for the keeping of minutes of the proceedings of the Board, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact and shall maintain all state-mandated permanent records of Board meetings, hearings and proceedings and all correspondence of the Board at the direction of the City Clerk. The Staff Secretary shall provide for keeping a file of all records of the Board, and such records shall be public records open to inspection at reasonable times and upon reasonable notice.
E.
Voting procedures.
(1)
Quorum.
(a)
As to any matter requiring a hearing before the Preservation Board, no business shall be transacted by the Board without a quorum of four members. The concurring vote of four members shall be necessary for any action by the Board. If less than a quorum is present, the hearing may be adjourned to the next scheduled meeting or to a special meeting as determined by the Board. The Staff Secretary shall notify in writing all members of the date of the adjourned hearing and shall also notify such other interested parties as may be designated in the vote of adjournment.
(b)
A member absent from any portion of a hearing or meeting shall be qualified to vote at a subsequent hearing or meeting upon the matter heard provided he or she shall first certify on the record that he or she has reviewed the entire record of any such portion of the hearing or meeting during which he or she was absent and has been fully informed of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.
(2)
Adjournment.
(a)
If during the course of a public hearing there is a determination that a continuation of the hearing is needed and the date and time are announced, no further notification of the adjournment will be required.
(b)
If notification of the date and time of the adjourned hearing date cannot be determined at the hearing, notification requirements set forth in this chapter shall be followed.
(3)
Deliberation. As to any matter not requiring a hearing, the Preservation Board or any of its committees may meet and deliberate at any properly called meeting regardless of the presence of a quorum or may continue consideration of such matter to any later meeting. However, no final action shall be taken on any such matter without a quorum.
F.
Meetings, hearings and procedures.
(1)
Meetings. Regular meetings of the Preservation Board shall be held monthly at the call of the Chairperson, the Director of Zoning and Permitting or as provided by rule of the Board. Special meetings shall be called by the Chairperson or at the request of the City Council. Meetings of any committee of the Preservation Board shall be held by agreement of all three members. Notice for this meeting shall be the formation of the committee at the Board's meeting and a contact person will be established.
(2)
Hearings. All meetings and hearings of the Preservation Board and its committees shall be open to the public. All testimony at any hearing of the Preservation Board shall be given under oath.
(3)
Procedures. The Preservation Board shall adopt its own rules of procedure for the conduct of its business consistent with this chapter and the statutes of the State of New York. Such rules shall be filed with the Staff Secretary of the Commission and the City Clerk.
G.
Preservation Board bylaws. The Preservation Board shall prepare and adopt bylaws from time to time outlining meeting times and related procedures. The bylaws shall be submitted to the Director of Zoning and Permitting for review and acceptance.
H.
Record and decisions.
(1)
Record. The following shall constitute the record:
(a)
The transcript of testimony, if any;
(b)
The minutes of the Staff Secretary, if any;
(c)
All applications, staff report, consultant reports, requests, exhibits and papers filed in any proceeding before the Preservation Board;
(d)
All recommendations, comments and decisions from committees; and
(e)
The decision of the Board.
(2)
Decisions.
(a)
The Preservation Board may rely on the personal knowledge of its members, on testimony from the public hearing, on its inspections of the property and on any reports available to it; provided, however, that reliance on such matter shall not be allowed unless the Board shall have made the particular knowledge, inspection or report a matter of record at the public hearing and afforded every party reasonable time to respond to it at the hearing.
(b)
Every decision of the Preservation Board upon an application for the designation of a preservation district or a landmark and every decision of the Preservation Board or a committee of the Preservation Board approving, conditionally approving or denying a certificate of appropriateness shall be by written resolution, including findings of fact, shall refer to all the evidence in the record and to the exhibits, plans or specifications upon which such decision is based and shall contain the findings of fact, which shall set forth the recommendation of the Board or shall approve, approve with conditions or deny approval. Every resolution shall expressly set forth any limitations or conditions imposed on any approval or any development, work or use authorized.
(3)
Final action. The Preservation Board or any of its committees shall take no final or binding vote on any of the aforesaid decisions unless it shall first state its findings and conclusions as above required at a meeting open to the public.
(4)
Failure to act.
(a)
In any case where this chapter provides that the failure of the Preservation Board to act within a fixed period shall be deemed a denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Board rendered on the day following the expiration of such fixed period. Such a decision may be appealed in the same manner as any other decision but, on such appeal, shall be entitled to no presumption of correctness.
(b)
Where no decision is made by the Preservation Board and the time period for rendering decisions has not expired, the action will be placed on the agenda of the next scheduled regular or special meeting.
(5)
Notification of decision. Within 10 business days following any decision of the Preservation Board or one of its committees, the Staff Secretary shall mail notice thereof to each person entitled to such notice and shall file the decision with the City Clerk. As to other matters brought before the Board, the Board shall prepare such report as it shall deem appropriate to the subject matter.
I.
Conflicts. No member of the Preservation Board shall participate in the hearing or disposition of any matter in which he or she is interested. Any conflict of interest prohibited by Article 18 of the General Municipal Law or by the Rochester Code of Ethics of the Rochester Municipal Code and as interpreted by the Ethics Board shall disqualify a member.
J.
Appeals. An appeal from any final decision of the Preservation Board as to any matter over which it has final authority may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
K.
Jurisdiction and authority. The Preservation Board shall have the following jurisdiction and authority:
(1)
Subject to the provisions of § 120-192, to review and offer recommendations on applications for special permits that have been referred to it by the Director of Zoning and Permitting.
(2)
Subject to the provisions of § 120-193, to initiate, hear, review and, subject to the similar authority of the Planning Commission, approve or disapprove proposals for the designation of landmarks.
(3)
Subject to the provisions of § 120-190, to initiate, hear, review and offer its recommendations on proposals for the designation of preservation districts.
(4)
Subject to the provisions of § 120-195, to review and offer recommendations on applications for variances that have been referred to it by the Director of Zoning and Permitting.
(5)
To develop and adopt preservation guidelines.
(6)
To review and finally decide applications for certificates of appropriateness.
(7)
Upon reasonable written request, to make its special knowledge and expertise available to any official, department, bureau, board, commission or agency of the City, county, state or federal governments to aid them in the performance of their respective duties relating to preservation and landmark matters.
(8)
In furtherance of the above jurisdiction and authority, and with the prior authorization of the Mayor, to employ such experts and other assistants as may be necessary or convenient to carry out its duties hereunder and to pay for their services and other necessary and proper expenses; provided, however, that such expenditures shall not exceed such funds as may be appropriated for such purposes from time to time by the City Council.
L.
Alternate members. The Mayor is hereby authorized to appoint, subject to confirmation by City Council, up to three alternate members to the Preservation Board for purposes of substituting for a regular member in the event such regular member is unable to participate in the Board's consideration of any application or other matter.
(1)
Substitution. The Chairperson of the Preservation Board may designate an alternate member to substitute for a regular member when such regular member is unable to participate in the consideration of any application or other matter before the Board due to a conflict of interest, illness, or any other reason that causes the regular member to be absent or otherwise unable to participate. When so designated, the alternate member shall possess all the powers and responsibilities of such regular member of the Board for the application or matter so designated by the Chairperson. Such designation shall be entered into the minutes of the Board meeting at which the substitution is made. Each alternate member shall be a resident of Rochester and shall be appointed for a two-year term.
(2)
Other requirements. All other provisions of this § 120-185 and the rest of the Municipal Code relating to the eligibility, compensation, ethics, conflicts of interest, vacancies, mandatory training, reappointment and removal of regular Board members shall also apply to alternate members; provided, however, that there shall be no requirement that the alternate members as a group satisfy each of the professional certification, preservation district residency, and residency at large requirements that apply to the regular Board members.
§ 120-186 Zoning Board of Appeals.
[Amended 6-17-2003 by Ord. No. 2003-183; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 9-16-2014 by Ord. No. 2014-275; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Membership.
(1)
Appointment and terms. Pursuant to the Charter of the City of Rochester, there is hereby established a Zoning Board of Appeals, which shall consist of seven regular members appointed by the Mayor, subject to confirmation by City Council. All new members shall be appointed for a two-year term; members may be appointed to subsequent terms of two years. There shall be no limitation on the number of terms served by a member of the Zoning Board of Appeals.
(2)
Board composition. Members of the Zoning Board of Appeals shall be residents of the City of Rochester and shall not be officers or employees of the City or any of its agencies or departments. At all times, there shall be at least one member residing in each City Council district, except that the failure of the Board to meet this requirement shall not affect the validity of the Board's actions.
(3)
Compensation. Members of the Zoning Board of Appeals shall serve without compensation but shall be entitled, to the extent of available funds appropriated, to reimbursement for reasonable expenses necessarily incurred in the performance of their duties.
(4)
Vacancies. Permanent vacancies on the Zoning Board of Appeals shall be filled by the Mayor, in the same manner as other appointments as set forth above.
(5)
Mandatory training. The members of the Zoning Board of Appeals shall be required to attend at least eight hours of training regarding land use issues by the end of their initial full term on the Board. For each subsequent term, the Zoning Board of Appeals members shall be required to attend four hours of training.
(6)
Removal. Any member of the Zoning Board of Appeals may be removed for cause by the Mayor at any time; provided, however, that before any such removal such member shall be given an opportunity to respond to allegations of such cause in writing to the Mayor.
(a)
Cause for removal of a member shall include:
[1]
Any undisclosed or unlawful conflict of interest;
[2]
Any violation of the codes, ordinances or rules applicable to the member's performance of his or her duties
[3]
Any unwillingness or inability to carry out his or her duties in a prompt, conscientious and competent manner;
[4]
Any conduct tending to cast doubt upon the integrity or objectivity of the member in performing his or her duties or any other specific conduct of the member found by the Mayor to be detrimental to the proper functioning of the Board.
(b)
Members shall be removed from the Zoning Board of Appeals if they miss 50% or more of the meetings during the course of one calendar year or do not meet their mandatory training requirements.
B.
Chairperson and Vice Chairperson.
(1)
The members of the Zoning Board of Appeals shall annually elect one of their members as Chairperson, to preside at all meetings and hearings of the full Board and to fulfill the customary functions of that office, and another of their number as Vice Chairperson. The Chairperson and Vice Chairperson may administer oaths.
(2)
In the absence of the Chairperson, the Vice Chairperson shall act as Chairperson and shall have all the powers of the Chairperson. The Vice Chairperson shall have such other powers and duties as may from time to time be provided by the rules of the Zoning Board of Appeals.
(3)
In the absence of both the Chairperson and the Vice Chairperson, the members present shall vote to establish a temporary Chairperson.
C.
Staff Secretary and public record.
(1)
The Director of Zoning and Permitting, or a designee, shall be the Staff Secretary of the Zoning Board of Appeals and shall attend all its proceedings and, upon request, the proceedings of any of its committees.
(2)
The Staff Secretary shall provide for the keeping of minutes of the proceedings of the Board showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact and shall maintain all state-mandated permanent records of Board meetings, hearings and proceedings and all correspondence of the Board. The Staff Secretary shall provide for keeping a file of all records of the Board, and such records shall be public records open to inspection at reasonable times and upon reasonable notice.
D.
Voting procedures and quorum.
(1)
As to any matter requiring a hearing before the Zoning Board of Appeals, no business shall be transacted by the Board without a quorum. The concurring vote of four members shall be necessary to approve an application or appeal. Failure to obtain the concurring vote of four members shall be deemed a denial. If less than a quorum is present, the hearing may be adjourned to the next scheduled meeting or to a special meeting as determined by the Board. The Staff Secretary shall notify in writing all members of the date of the adjourned hearing and shall also notify such other interested parties as may be designated in the vote of adjournment.
(2)
A member absent from any portion of a hearing or meeting shall be qualified to vote at a subsequent hearing or meeting upon the matter heard provided he or she shall first certify on the record that he or she has reviewed the entire record of any such portion of the hearing or meeting during which he or she was absent and has been fully informed of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.
E.
Adjournment.
(1)
If during the course of a public hearing there is a determination that a continuation of the hearing is needed and the date and time are announced, no further notification of the adjournment will be required.
(2)
If notification of the date and time of the adjourned hearing date cannot be determined at the hearing, notification requirements set forth in this chapter shall be followed.
F.
Meetings, hearings and procedures.
(1)
Meetings. Regular meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson or as provided by rule of the Board. Special meetings shall be called by the Chairperson.
(2)
Hearings. All meetings and hearings of the Zoning Board of Appeals shall be open to the public. All testimony at any hearing of the Zoning Board of Appeals shall be given under oath.
(3)
Procedures. The Zoning Board of Appeals shall adopt its own rules of procedure for the conduct of its business consistent with this chapter and the statutes of the State of New York. Such rules shall be filed with the Staff Secretary of the Board and the City Clerk.
G.
Zoning Board of Appeals bylaws. The Zoning Board of Appeals shall prepare and adopt bylaws from time to time outlining meeting times and related procedures. The bylaws shall be submitted to the Director of Zoning and Permitting for review and acceptance.
H.
Record and decisions.
(2)
Decisions.
(a)
The Board may rely on the personal knowledge of its members, on testimony at the public hearing, on its inspections of the property and on any reports available to it; provided, however, that reliance on such matter shall not be allowed unless the Board shall have made the particular knowledge, inspection or report a matter of record at the public hearing and afforded every party reasonable time to respond to it at the hearing.
(b)
Every decision of the Zoning Board of Appeals shall be by resolution which shall include findings of fact, shall refer to all the evidence in the record and to the exhibits, plans or specifications upon which such decision is based, shall specify the reason or reasons for such decision, shall contain a conclusion or statement separate from the findings of fact setting forth the specific relief approved or denied, and shall expressly set forth any limitations or conditions imposed on any relief approved or work or use authorized.
(3)
Final action. In taking final action, the Zoning Board of Appeals shall first state its findings and conclusions at a meeting open to the public and shall, in addition, state the special circumstances warranting such action.
(4)
Failure to act.
(a)
In any case where this chapter provides that the failure of the Zoning Board of Appeals to act within a fixed period shall be deemed a denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Board rendered on the day following the expiration of such fixed period. Such a decision may be appealed in the same manner as any other decision but, on such appeal, shall be entitled to no presumption of correctness.
(b)
Where no decision is made by the Zoning Board of Appeals and the time period for rendering a decision has not expired, the action will be placed on the agenda of the next scheduled regular or special meeting.
(5)
Notification of decision. Within 10 business days following any decision of the Zoning Board of Appeals, the Staff Secretary shall mail notice thereof to each person entitled to such notice and file such decision in the office of the City Clerk. As to other matters brought before the Board, the Board shall prepare such report as it shall deem appropriate to the subject matter.
I.
Conflicts. No member of the Zoning Board of Appeals shall participate in the hearing or disposition of any matter in which he or she is interested. Any conflict of interest prohibited by Article 18 of the General Municipal Law or by the Rochester Code of Ethics of the Rochester Municipal Code shall disqualify a member.
J.
Appeals. An appeal from any final decision of the Zoning Board of Appeals may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules and § 81-c of the New York General City Law.
K.
Jurisdiction and authority. The Zoning Board of Appeals shall have the following jurisdiction and authority:
(1)
Subject to the provisions of § 120-189 hereof, to hear and decide appeals from, and review orders, decisions or determinations made by, the Director of Zoning and Permitting and to that end shall have the power of the Director of Zoning and Permitting with respect to such order, decision or determination.
(2)
Subject to the provisions of § 120-195 hereof, to approve or deny variances from the requirements of this chapter.
(3)
Subject to the provisions of § 120-190 hereof, to initiate changes and amendments to this chapter.
(4)
Upon reasonable written request, to make its special knowledge and expertise available to any official, department, bureau, board, commission or agency of the City, county, state or federal governments to aid them in the performance of their respective duties relating to zoning and its administration in the City.
(5)
In furtherance of the above jurisdiction and authority, to make such investigations, maps and reports, and recommendations in connection therewith, relating to zoning and its administration in the City of Rochester as seem desirable to it; provided, however, that the expenditures of the Board shall not exceed the amount appropriated therefor.
L.
Alternate members. The Mayor is hereby authorized to appoint, subject to confirmation by City Council, up to three alternate members to the Zoning Board of Appeals for purposes of substituting for a regular member in the event such regular member is unable to participate in such Board's consideration of any application or other matter.
(1)
Substitution. The Chairperson of the Zoning Board of Appeals may designate an alternate member to substitute for a regular member when such regular member is unable to participate in the consideration of any application or other matter before the Board due to a conflict of interest, illness, or any other reason that causes the regular member to be absent or otherwise unable to participate. When so designated, the alternate member shall possess all the powers and responsibilities of such regular member of the Board for the application or matter so designated by the Chairperson. Such designation shall be entered into the minutes of the Board meeting at which the substitution is made. Each alternate member shall be a resident of Rochester and shall be appointed for a two-year term.
(2)
Other requirements. All other provisions of this § 120-186 and the rest of the Municipal Code relating to the eligibility, compensation, ethics, conflicts of interest, vacancies, mandatory training, reappointment and removal of regular Board members shall also apply to alternate members; provided, however, that there shall be no requirement that there be at least one alternate member residing in each City Council district.
§ 120-187 Summary of authorities.
[Amended 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
The following table summarizes the review authority for various application processes outlined in this chapter in the City of Rochester.
Summary of Authorities | |||||||
|---|---|---|---|---|---|---|---|
Procedure | Director of Zoning and Permitting | Project Review Committee | Preser- vation Board | Environ- mental Comm- ission | Planning Comm- ission | City Council | Board of Appeals |
Certificate of zoning compliance | D | A - Variances, Admin- istrative Appeal | |||||
PD District designation | R | SR | RR | D | |||
Preservation district designation | R | RR | SR | RR | D | ||
Zoning text or map amendment (rezoning) | R | SR | RR | D | |||
Administrative adjustment | D | A | |||||
Certificate of nonconformity | D | A | |||||
Interpretations | D | A | |||||
PD detailed plan | D | A | |||||
Site plan review | |||||||
Minor | D | SR | A | ||||
Major | D | RR | SR | A | |||
Cluster development | R | SR | D | ||||
Special permit | R | SR | D | ||||
Neighborhood design guidelines | RR | D | |||||
Certificate of appropriateness *Subject to conformance with preservation guidelines | D* | D | SR | ||||
Certificate of economic hardship | D | ||||||
Designate landmark | D | D | |||||
Administrative appeal | D | ||||||
Variance | R | SR | D | ||||
KEY: | ||
R | = | Review/Report |
RR | = | Review/Recommendation |
D | = | Final Decision |
A | = | Appeal |
SR | = | Review only for SEQR (State Environmental Review Act) Type 1 actions or other actions at the discretion of the Director of Zoning and Permitting. |
§ 120-188 Common review procedures.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240; 6-14-2005 by Ord. No. 2005-161; 12-20-2005 by Ord. No. 2005-394; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 6-20-2017 by Ord. No. 2017-170; 8-15-2017 by Ord. No. 2017-257; 6-17-2025 by Ord. No. 2025-209]
A.
Initiation of application. A property owner, or its duly authorized agent, or other persons having a contractual interest shall make an application required under this chapter for the subject property. City Council and City agencies, commissions or boards may submit applications as defined in this chapter.
B.
Compliance required. No application for a certificate of nonconformity, site plan review, planned development district designation or incremental development plan, adjustment, cluster development, special permit, variance or certificate of appropriateness shall be considered where there are existing violations or outstanding judgments pursuant to any other City statute, ordinance or code, except where such application is intended to cure the violation.
C.
Simultaneous processing. Whenever two or more forms of review and approval are required under this chapter, applications for those development approvals may, at the discretion of the Director of Zoning and Permitting, be processed simultaneously.
D.
Pre-application meeting.
(1)
The purpose of a pre-application meeting, with City and/or other agency staff, is to inform the applicant of applicable procedures, submission requirements, development standards and other pertinent matters before the applicant finalizes the development proposal. Prior to the submission of an application, a pre-application meeting may be requested by the applicant or required by the Director of Zoning and Permitting; the applicant is required to attend the pre-application meeting.
(2)
City and/or agency staff opinions presented during a pre-application meeting are advisory/informational only and do not represent a commitment on behalf of the City or represented agency regarding the acceptability of the development proposal.
E.
Neighborhood meetings. If a pre-application meeting is required, notice shall be sent to the official neighborhood contacts of potentially impacted neighborhoods. An official neighborhood contact, within 10 business days of the notice being sent, may request a meeting with City staff and the applicant.
F.
Application forms and application filing fees. Applications required under this article shall be submitted in a form and in such numbers as required by the Director of Zoning and Permitting. Applications shall be accompanied by the fee established by the City Council from time to time. Fees are not required with applications submitted by the City Council, Planning Commission, or City agencies. Application fees are nonrefundable, unless otherwise expressly stated. The Director of Zoning and Permitting shall have the authority to waive application requirements that are not applicable to a specific project.
G.
Application intake meeting. The purpose of an application intake meeting is to allow a review to determine whether the application meets the minimum requirements for acceptance of the application. The intake meeting shall be made by appointment with appropriate zoning staff. Application intake meetings shall be required for all applications unless waived by the Director of Zoning and Permitting.
H.
Application completeness.
(1)
An application shall be considered complete if it is submitted in the required form, includes all mandatory information, including all exhibits and SEQRA (State Environmental Quality Review Act) environmental determination, if applicable, and is accompanied by the applicable fee.
(2)
If an application is determined to be incomplete, the official responsible for accepting the application shall provide written notice to the applicant along with an explanation of the application's deficiencies. No further processing of the application shall occur and no public hearings shall be scheduled until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 30 days, the application shall be considered withdrawn and the application shall be returned to the applicant.
I.
Referral to Monroe County Department of Planning and Development. Applications subject to New York State General Municipal Law § 239-m shall be referred to the Department of Planning and Development at Monroe County in accordance with the provisions of General Municipal Law § 239-m. In addition, the Director of Zoning and Permitting shall refer a copy of applications in the Airport Overlay District to the Department of Planning and Development of Monroe County.
J.
Matters not requiring informational meetings or public hearings.
(1)
Public notice shall be made to the official neighborhood contacts and/or adjacent property owners as follows:
(a)
Within 10 business days of receipt of the complete application, the Director of Zoning and Permitting shall notify all property owners, both within and outside the municipal boundaries of the City of Rochester, within 100 feet from the property line and the official neighborhood contacts. At a minimum, the owners of 15 properties shall receive such notification. Mailing shall be required for:
(b)
Within 10 business days of the date of notification, all property owners and the official neighborhood contacts shall submit any written documentation to the Director of Zoning and Permitting.
K.
Informational meetings.
(2)
Notification.
(a)
Mailed notice. Within 10 business days of receipt of the complete application, the Director of Zoning and Permitting shall notify all property owners, both within and outside the municipal boundaries of the City of Rochester, within 600 feet from the property line and the official neighborhood contacts. For applications for Comprehensive Plan or text amendments, notice shall only be made to the official neighborhood contact.
(b)
Published notice. The Director of Zoning and Permitting shall cause notice for such meetings to be placed in an official newspaper or a newspaper of general circulation in the City at least once, not more than 30 nor less than 10 business days before the date of the meeting.
L.
Public hearings.
(1)
Public hearings shall be required for the following:
(a)
Certificate of appropriateness approved by the Preservation Board;
(b)
Special permit;
(c)
Planned development district designation (by City Council);
(d)
Cluster development;
(e)
Adoption of neighborhood design guidelines;
(f)
Comprehensive Plan, Official Map or Zoning Map or zoning text amendments (by City Council);
(g)
Landmark designation;
(h)
Certificate of economic hardship;
(i)
Preservation district designation (by City Council);
(j)
Variances;
(k)
Appeals of administrative decisions;
(l)
Site plan referrals; and
(m)
Subdivisions per Chapter A128.
(2)
Setting hearing. For all matters properly brought before the Zoning Board of Appeals, the Planning Commission or the Preservation Board for which a public hearing is required by this chapter, the body charged with conducting the hearing shall, upon receipt of a completed application, select a reasonable time and place for such hearing; provided, however, that such time shall be not later than 62 days following the submission of the subject application, unless the applicant shall agree to some later time.
(3)
Notification.
(a)
Mailed notice.
[1]
The Director of Zoning and Permitting shall be required to mail the appropriate notices for public hearings to property owners, both within and outside the municipal boundaries of the City of Rochester, within 600 feet of the property line. Where notice by mail is required, it shall be given at least 20 days in advance of the hearing date by regular United States mail, except that notice to City agencies or officials may be by interdepartmental memorandum.
[2]
Where mailed notice is required, it shall be sent to the applicant, the owner of any property subject of the application as shown in the records of the office of the City Treasurer, the Department of Neighborhood and Business Development, the Official Neighborhood Contact and to any other person or persons deemed by the Director of Zoning and Permitting to have a direct interest in the matter of the hearing.
[3]
The time and manner for mailed notices for public hearings to be held by the City Council shall be determined by the City Clerk.
(b)
Subscription notice. Any entity which shall have filed a written request and appropriate annual fee shall, within 45 days of said written request, subscribe to receive preliminary agendas associated with public hearings from the Division of Zoning. Such subscription shall automatically expire on December 31 of the year in which it is made unless a written request for renewal, accompanied by the annual fee, is submitted prior to such date. In giving any notice pursuant to this subsection, the Director of Zoning and Permitting shall be entitled to rely on names and addresses as shown in his or her records.
(c)
Published notice. Where published notice is required, it shall be placed in an official newspaper or a newspaper of general circulation in the City at least once, not more than 30 nor less than 20 days before the date of the hearing.
[1]
The published notice shall include:
[a]
The general location of land that is the subject of the application;
[b]
The legal description or street address;
[c]
The description of the application;
[d]
The current zoning district;
[e]
The time, date and location of the public hearing;
[f]
A phone number to contact the City; and
[g]
A statement that interested parties may appear at the public hearing.
[2]
The time and manner of published notice for public hearings held by City Council shall be determined by the City Clerk.
(d)
Posted notice.
[1]
For hearings related to a certificate of appropriateness, cluster development, special permit, landmark designation, variances or property-specific map amendment, a sign shall be posted on the subject property. Other posted notices for applications involving multi-properties shall be placed in locations at the discretion of the Director of Zoning and Permitting.
[2]
Such sign shall be issued by the Director of Zoning and Permitting to the applicant for posting at the time a completed application is filed, shall be posted on the property, facing the street, at least 20 days prior to the date set for a hearing on the application, and shall be removed from the property by the applicant following, but not before, the conclusion of the hearing.
[3]
Where such posting is required, compliance with posting requirements shall be verified by the applicant prior to or at the hearing in the form of an affidavit or in testimony under oath.
[5]
Text amendments may be exempt from this requirement.
(e)
Constructive notice. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.
(4)
Pre-hearing examination. At any time following the giving of notice as required above, and upon reasonable request, any person may examine the application and all other documents on file with the Director of Zoning and Permitting pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as established from time to time by the City Council to cover the cost of such copies.
(5)
Right to submit written statements. Any person may at any time prior to the commencement of a hearing, or within such time as may be allowed by the hearing body following such hearing, submit written and signed statements in support of or in opposition to the application being heard.
M.
Summary of notice required. The following summarizes the notification procedures for actions in the City of Rochester.
Summary of Notice | |||||||
|---|---|---|---|---|---|---|---|
Action | Published | Posted | Mailed (600 ft) | Mailed (100 ft) | Official Neighbor- hood Contact | Inform- ational Meetings | Public Hearing |
PD District designation | X | X | X | X | X | X | |
Preservation district designation | X | X | X | X | X | X | |
Zoning Map**, zoning text* or Comprehensive Plan amendment | X | X | X | X | X | X | |
Administrative adjustment | X | X | |||||
Certificate of nonconformity | X | X | |||||
Interpretations | X | ||||||
Site plan Minor Major | X | X X | |||||
Cluster development | X | X | X | X | X | ||
Special permit | X | X | X | X | X | ||
Neighborhood design guidelines** | X | X | X | X | X | ||
Landmark designation | X | X | X | X | X | ||
Certificate of appropriateness except those approved by the Director | X | X | X | X | X | ||
Appeal of administrative decisions** | X | X | X | X | |||
Variance | X | X | X | X | X | ||
Site plan referral | X | X | X | X | |||
* ** | Where applicable All properties impacted |
N.
Adjourned meetings, special meetings, committee meetings and hearings notification. Notification for adjourned meetings, special meetings and hearings shall follow the process outlined in this section unless an adjourned meeting, committee meeting or hearing date was announced at a prior meeting or hearing.
O.
Successive applications.
(1)
Whenever any application, appeal or other request filed pursuant to this chapter has been finally denied on its merits or approved subject to specified conditions, a second application, appeal or other request seeking essentially the same relief or a modification of such conditions shall not be brought within two years unless, in the opinion of the review authority, or, in the case of decisions of the Zoning Board, Preservation Board and Planning Commission, in the unanimous opinion of all members present on the board before which it is brought, one of the following standards has been met:
(a)
There is a substantial change in circumstances relevant to the issues and/or facts considered during review of the application that might reasonably affect the decisionmaking body's application of the relevant review standards to the development proposed in the application;
(b)
New or additional information is available that was not available at the time of the review that might reasonably affect the decisionmaking body's application of the relevant review standards to the development proposed;
(c)
A new application is proposed to be submitted that is materially different (e.g., proposes new uses, or a substantial decrease in proposed densities and intensities) from the prior application; or
(d)
The final decision on the application was based on a material mistake of fact or mistake of law.
(2)
Any such second application shall include a detailed statement of grounds justifying consideration of such application.
§ 120-189 Certificate of zoning compliance.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240; 12-20-2005 by Ord. No. 2005-394; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Authority. The Director of Zoning and Permitting, or a designee, shall have authority to issue certificates of zoning compliance but only in accordance with the provisions of this section.
B.
Purpose. The certificate of zoning compliance provides a procedure for reviewing plans for compliance with this chapter and a means for evidencing such compliance. Further, it serves as an adjunct to, and thus must be filed prior to or with, all applications filed pursuant to this chapter with respect to a specific use or development proposal.
C.
Certificate issued in conflict is void. Any certificate of zoning compliance issued in conflict with the provisions of this chapter shall be null and void.
D.
Certificate of zoning compliance required.
(1)
A certificate of zoning compliance shall be required for the following purposes:
(a)
Construction, reconstruction, exterior remodeling, exterior alteration or moving of any structure that requires a building permit;
(b)
Occupation or use of land vacant on the effective date of this chapter, except for the raising of crops;
(e)
Improvement of land preliminary to any use of such land;
(f)
Any change in the use or occupancy of any land or structure, whether or not construction, reconstruction, remodeling, alteration or moving is involved;
(g)
Alteration to the exterior of a designated City landmark or alterations to significant architectural features as outlined in § 120-158 on designated buildings of historic value;
(h)
All substantial dredging, filling, excavating or grading or any man-made change to improved or unimproved real estate of any land located within a flood hazard area as delineated on the Federal Insurance Administration Flood Hazard Boundary Maps;
(i)
Site preparation for a use that does not include or require a building;
(j)
Installation or replacement of a driveway connecting property to the public right-of-way; or
(k)
Any exterior improvements to buildings or sites in a preservation district or village center district.
(l)
Installation, construction or replacement of fences and terraces.
(2)
In any case where a certificate of zoning compliance is not required under this chapter, the Director of Zoning and Permitting shall, on written request, issue a notice of such fact.
E.
Procedure.
(1)
Application. Applications for certificates of zoning compliance shall be submitted in a form and in such numbers as required by the Director of Zoning and Permitting. A nonrefundable fee, as may be established from time to time by the City Council to help defray administrative costs, shall accompany each application. Applications shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Director of Zoning and Permitting, but shall in all instances contain at least the following information or documentation unless any such information or document is expressly waived by the Director of Zoning and Permitting as not relevant or necessary to determine that all provisions of this chapter have been met in a particular case:
(a)
The applicant's name, address and interest in the subject property.
(b)
The owner's name and address, if different from the applicant. and the owner's signed consent to the filing of this application.
(c)
The address or location of the subject property.
(d)
The present use and zoning classification of the subject property.
(e)
The proposed use or uses of the subject property and a description of the construction, reconstruction, remodeling, alteration or moving.
(f)
The certificate of a registered architect or licensed professional engineer or of an owner-designer that the proposed construction, reconstruction, remodeling, alteration or moving complies with all the provisions of this chapter.
(g)
A site plan, drawn to a scale of not less than 50 feet to the inch, on one or more sheets, illustrating the proposed construction, reconstruction, remodeling, alteration or moving and including the following:
[1]
Property boundary lines and dimensions of the property and any significant topographic or physical features of the property.
[2]
The location. size, use and arrangement, including height, in stories and feet where relevant, floor area ratio, total floor area and lot and building coverage; and the number and size of dwelling units, by number of bedrooms, of proposed buildings and existing buildings.
[3]
Minimum yard dimensions and, where relevant, the relation of yard dimensions to the height of any building or structure.
[4]
The location, dimensions, number and slope and gradient of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles; the total lot coverage of all parking, loading, driveway and aisle areas; and, where more than 10 parking and loading spaces are required, the location of area for snow storage or an indication of an alternative disposal method.
[5]
The location, size, arrangement and sketch showing content and layout of all outdoor signs.
[6]
The location and height of fences or screen plantings and the type or kind of building materials or plantings to be used for fencing or screening.
[7]
The location, designation and total area of all usable open space.
(h)
Any information necessary to determine that conditions imposed by any special approval granted pursuant to this chapter have been complied with.
(i)
Scaled floor plans.
(j)
Scaled elevations.
(k)
Such other and further information and documentation as the Director of Zoning and Permitting may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
(2)
Action by Director of Zoning and Permitting. Within 10 business days following receipt of a completed application, the Director of Zoning and Permitting shall cause the application and related submissions to be reviewed for compliance with this chapter and shall inform the applicant whether the application has been approved, approved with conditions or denied.
(3)
Approval or denial.
(a)
The Director of Zoning and Permitting shall issue a final decision for each certificate of zoning compliance. The decision of the Director, which shall be based on the findings set forth, shall be final and shall:
(b)
In any case where an application is approved, the Director of Zoning and Permitting shall issue a certificate of zoning compliance. Approval of the certificate of zoning compliance will ensure that all provisions of this chapter are met. The issuance of a certificate of zoning compliance shall not authorize the establishment or expansion of any use nor the development, construction, relocation, alteration or moving of any building or structure but shall merely authorize the preparation, filing and processing of applications for any additional permits and approvals which may be required by the codes and ordinances of the City, including but not limited to a building permit, a certificate of occupancy and subdivision approval.
(c)
In any case where an application is denied, the Director of Zoning and Permitting shall state the specific reasons for denial and shall cite the specific provisions of this chapter upon which such denial is based. If relief from such denial would be available, the Director of Zoning and Permitting shall so state and shall refer the applicant to the appropriate provisions of this chapter. The Director of Zoning and Permitting shall also inform the applicant of his or her appeal rights under this chapter.
F.
Limitation on certificates of zoning compliance. A certificate of zoning compliance shall become null and void six months after the date on which it was issued unless a building permit is obtained and maintained. In the case where a building permit is not required, work must commence within six months from date of issuance.
G.
Appeals.
(1)
Appeals of a decision by the Director of Zoning and Permitting on a certificate of zoning compliance application shall be taken to the Zoning Board of Appeals within 60 days of the decision.
(2)
An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the certificate of zoning compliance may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
§ 120-190 Procedures approved by the City Council.
[Amended 6-14-2005 by Ord. No. 2005-161; 6-16-2009 by Ord. No. 2009-179; 11-15-2011 by Ord. No. 2011-350; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
B.
Preservation district designation.
(1)
Authority. The City Council shall have the authority, in accordance with the procedures and standards hereinafter established, to create and to designate the boundaries of preservation districts within the City and to amend such boundaries or rescind such designations as from time to time shall seem appropriate. Such preservation districts may include one or more zoning districts established pursuant to this chapter.
(2)
Purpose. Preservation districts may be created in furtherance of the following public purposes, which are hereby found to be in the interest of the health, prosperity and welfare of the City and its residents:
(a)
To effect and accomplish the protection, enhancement, perpetuation and use of improvements and areas of special character or special historic or aesthetic interest or value which represent or reflect elements of the City's cultural, social, economic, political and architectural history.
(b)
To safeguard the City's historic, aesthetic and cultural heritage as embodied and reflected in such improvements and areas.
(c)
To stabilize and improve property values in such areas.
(d)
To foster civic pride in the beauty and noble accomplishments of the past.
(e)
To protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided.
(f)
To strengthen the economy of the City.
(g)
To promote the use of historic districts and landmarks for the education, pleasure and welfare of the people of the City.
(3)
Preservation district standards. No area of the City shall be designated a preservation district pursuant to the provisions of this section unless such area shall constitute a distinct section of the City and shall have the potential to provide cultural and civic benefits for the people of the City by reason of the prevalence of at least two of the following factors:
(a)
The presence of special historical interest relating to local, state or national history.
(b)
The presence of special character or aesthetic interest or value caused by the development pattern of the area or by natural, landscaping or topographical features of the area.
(c)
The presence of one or more periods or styles of architecture typical of one or more eras in the history of the City that gives the area a distinct character.
(d)
The concentration of indigenous examples of local architecture which have not been significantly altered from their original design and which have a uniform scale and derive special value from the repetition of scale and form.
(e)
The presence of one or more distinguished buildings of high architectural quality and historic interest.
(4)
Procedures.
(a)
Proposal by the City. A preservation district, or the amendment of the boundaries of such a district, may be proposed by either the City Council, the Planning Commission or the Preservation Board by transmitting such proposal, together with such supporting materials as may seem appropriate, to the Director of Zoning and Permitting for processing in accordance with the provisions of this section.
(b)
Application by owner. When a proposed district is initiated by an owner of, or other person having a contractual interest in, real estate to be affected by the proposed designation, or by the owners of 50% or more of the frontage of real estate to be affected by the proposed designation, the application for such designation shall be filed with the Director of Zoning and Permitting. The application shall be in a form and in such numbers as required by the Director of Zoning and Permitting. A nonrefundable fee, as established from time to time by the City Council to help defray administrative costs, shall accompany each application. The Director of Zoning and Permitting may also request such other and further information and documentation deemed necessary or appropriate to a full and proper consideration and disposition of the particular application.
(c)
Review by Preservation Board and Planning Commission. All applications for preservation districts shall be referred to the Preservation Board and Planning Commission for simultaneous review and recommendations.
(d)
Action by Preservation Board.
[1]
An informational meeting shall be held by the Preservation Board for all preservation district designation applications.
[2]
Within 62 days of receiving the preservation district application, the Preservation Board shall make a recommendation to the City Council on the proposed preservation district.
[3]
The failure of the Preservation Board to act within 62 days shall be deemed a recommendation for the approval of the proposed amendment as submitted.
(e)
Action by Planning Commission.
[1]
The Planning Commission shall conduct an informational meeting on applications for preservation district designation.
[3]
Within 62 days of receiving the preservation district application, the Planning Commission shall make a recommendation to the City Council on the proposed preservation district.
[4]
The failure of the Planning Commission to act within 62 days shall be deemed a recommendation for the approval of the proposed amendment as submitted.
(f)
Action by City Council.
[1]
Within 40 days of the receipt by the City Council of the Preservation Board's and Planning Commission's recommendations, or their failure to act as provided above, the City Council shall conduct a public hearing and either approve the application by ordinance duly enacted, adopt the proposed amendment, with or without conditions, or deny the application.
[2]
In the event a protest against a proposed amendment is presented to the City Clerk no later than 24 hours before the City Council is scheduled to consider the amendment, duly signed and acknowledged by the owners of 20% or more of the area to be affected by the proposed amendment or by the owners of 20% or more of the area of the land immediately adjacent to the subject site, or immediately across a street and extending 100 feet from the subject site, such amendment shall not be adopted except by a three-fourths vote of the City Council.
[3]
Within five business days of such action, the City Clerk shall mail notice thereof to all parties entitled thereto as provided by § 120-188. In the event that the City Council, prior to the expiration of the time limit herein specified for its refusal or adoption of the proposed amendment, requests further information from the Director, the time limit for its refusal or adoption of the proposed amendment shall be extended to 70 days. The failure of the City Council to act within the time limit herein specified shall be deemed a refusal of the amendment.
(g)
Publication and recording. Immediately upon the adoption of any ordinance pursuant to this section, the Director of Zoning and Permitting shall cause such ordinance to be published in an official newspaper or a newspaper of general circulation in the City and shall cause such district to be recorded on the Zoning Map.
(h)
Amendment and rescission of preservation district. Any preservation district designated hereunder may be amended or rescinded in the same manner as herein provided for the designation of such district.
C.
Zoning text, Zoning Map, Official Map or Comprehensive Plan amendment.
(1)
Authority. This chapter, the Zoning District Map, the Official Map and the Comprehensive Plan may be amended from time to time by ordinance duly enacted by the City Council; provided, however, that no such amendment shall be enacted except in accordance with the procedures set out in this section.
(2)
Purpose. The amendment process herein established is intended to provide a means for making changes to the text of this chapter, the Zoning District Map, the Official Map and the Comprehensive Plan that have more or less general significance or application. It is not intended to relieve particular hardships nor to confer special privileges or rights of a particular property owner but is intended as a tool to adjust the provisions of this chapter, the Zoning District Map, the Official Map and the Comprehensive Plan in light of changing, newly discovered or newly identified conditions, situations or knowledge.
(3)
Procedure.
(a)
Proposal by City. Amendments may be proposed by either the Mayor, the City Council, the Planning Commission, the Zoning Board of Appeals or the Preservation Board by transmitting such proposal, together with such supporting materials as may seem appropriate, to the Director of Zoning and Permitting for processing in accordance with the provisions of this section. Minor text amendments addressing spelling, grammar, numerical references and other minor modifications which are not substantive may be proposed by the Director of Zoning and Permitting and submitted directly to City Council for approval.
(b)
Application by owner. A proposed amendment may be initiated by an owner of, or other person having a contractual interest in, real estate to be affected by the proposed amendment or by the owners of 50% or more of the frontage of real estate to be affected by the proposed amendment. The application for such amendment, addressed to the City Council, shall be filed with the Director of Zoning and Permitting. The application shall be in a form and in such numbers as required by the Director of Zoning and Permitting. A nonrefundable fee, as established from time to time by the City Council to help defray administrative costs, shall accompany each application. The Director of Zoning and Permitting may also request such other and further information and documentation deemed necessary or appropriate to a full and proper consideration and disposition of the particular application.
(c)
Action by Planning Commission.
[1]
An informational meeting shall be set, advertised and conducted by the Planning Commission. Within 30 days following the conclusion of the informational meeting, the Planning Commission shall make a recommendation to approve, approve subject to conditions or deny the application. The failure of the Planning Commission to act within 30 days following the conclusion of the informational hearing shall be deemed a recommendation for the approval of the proposed amendment as submitted. The recommendation of the Planning Commission shall be transmitted to the City Clerk for City Council action.
[2]
In making recommendations regarding amendments to the text of the Zoning Ordinance or to the Zoning Map, the Planning Commission shall consider and make findings on the following matters regarding the proposed amendment:
[a]
Consistency with the City's Comprehensive Plan and any other adopted special area plans.
[b]
Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood.
[c]
Suitability of uses proposed by the zoning amendment for the property affected by the amendment.
[d]
Availability of public services and infrastructure generally suitable and adequate for uses allowed within the proposed district.
(d)
Action by City Council.
[1]
Within 40 days of the receipt by the City Clerk of the Planning Commission's recommendation, or its failure to act as provided above, the City Council shall conduct a public hearing and either approve the application by ordinance duly enacted or adopt the proposed amendment, with or without conditions, or deny the application.
[2]
In the event a protest against a proposed amendment is presented to the City Clerk no later than 24 hours before the City Council is scheduled to consider the amendment, duly signed and acknowledged by the owners of 20% or more of the area to be affected by the proposed amendment or by the owners of 20% or more of the area of the land immediately adjacent to the subject site, or immediately across a street and extending 100 feet from the subject site, such amendment shall not be adopted except by a three-fourths vote of the City Council.
[3]
The City Clerk shall mail notice thereof to all parties entitled thereto as provided by § 120-188. In the event that the City Council, prior to the expiration of the time limit herein specified for its refusal or adoption of the proposed amendment, requests further information from the Director, the time limit for its refusal or adoption of the proposed amendment shall be extended to 120 days. The failure of the City Council to act within the time limit herein specified shall be deemed a refusal of the amendment.
[4]
Minor text amendments as outlined above shall be handled in the same manner as all other proposed amendments except no recommendation from the Planning Commission shall be required.
§ 120-191 Procedures approved by the Director of Zoning and Permitting.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240; 12-20-2005 by Ord. No. 2005-394; 2-14-2006 by Ord. No. 2006-22; 11-25-2008 by Ord. No. 2008-384; 6-16-2009 by Ord. No. 2009-179; 12-15-2009 by Ord. No. 2009-409; 9-21-2010 by Ord. No. 2010-323; 7-19-2011 by Ord. No. 2011-247; 9-19-2012 by Ord. No. 2012-363; 7-14-2015 by Ord. No. 2015-228; 6-20-2017 by Ord. No. 2017-170; 9-19-2017 by Ord. No. 2017-299; 11-3-2022 by Ord. No. 2022-322; 6-17-2025 by Ord. No. 2025-209]
A.
Administrative adjustment.
(1)
Authority. The Director of Zoning and Permitting, or a designee, shall have authority to issue administrative adjustments, but only in accordance with the provisions of this section.
(2)
Purpose. For purposes of this section, carrying out the strict letter of a provision of this chapter may cause a practical difficulty and an administrative adjustment is permitted to alleviate these practical difficulties.
(3)
Administrative adjustment standards. To approve an application for an administrative adjustment, the Director of Zoning and Permitting shall make an affirmative finding that the following standards are met:
(a)
The benefits to the applicant of the approval of the administrative adjustment outweigh any detriments to the health, safety and welfare of the neighborhood or community by such approval.
(b)
There is no means other than the requested administrative adjustment by which the difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject lot or parcel.
(4)
Procedures.
(a)
Application. An application for an administrative adjustment shall include a brief description of the requirement to be varied and any other material necessary to ensure the criteria in this section.
(b)
Action by Director of Zoning and Permitting. Within 45 days, the Director of Zoning and Permitting shall review the application and approve, approve with conditions or deny the application based upon the criteria below. A written decision including affirmative findings on the criteria set forth below shall be mailed to the applicant.
(c)
Approval or denial.
[1]
The Director of Zoning and Permitting shall have the authority to approve an administrative adjustment of up to 10% from any numerical standard set forth in this chapter. Any request greater than 10% shall be treated as a variance and reviewed by the Zoning Board of Appeals subject to the requirements of § 120-195.
[2]
The Director of Zoning and Permitting shall have the authority to approve an administrative adjustment for an alternative parking plan for five or fewer parking spaces.
[3]
The Director of Zoning and Permitting shall have the authority to approve an administrative adjustment for a parking area for a residential use which is located within the side yard due to the existing location of the principal building on the property; or is within the front yard and is limited to one parking space, when new curbs are being installed and the parking area existed before the project was identified in the City's Capital Plan and no other parking is available on the property.
[a]
A proposed front or side yard parking area shall be reviewed to ensure that the installation of said area does not have a detrimental impact on the streetscape. Such review shall include an evaluation of the following:
[b]
When located in a preservation district, the Preservation Board shall have the authority to issue a certificate of appropriateness for front or side yard parking areas as outlined in § 120-194. In such cases no administrative adjustment shall be required. The Preservation Board shall apply the above-listed standards.
[4]
The Director of Zoning and Permitting shall have the authority to approve an administrative adjustment for a parking area or parking lot for commercial uses in a commercial district which:
[a]
Has a preexisting curb cut; and
[b]
Has insufficient space behind the building to accommodate required parking when new curbs are being installed and the parking lot or parking area existed before the project was identified in the City's Capital Plan; and
[c]
Can accommodate a parking stall length of 18 feet; and
[d]
Accommodates defined pedestrian access to the building.
[e]
Does not have a detrimental impact on the streetscape according to the evaluation criteria set forth in § 120-191A(4)(c)[3].
[5]
(Reserved)
[6]
The Director of Zoning and Permitting shall have the authority to approve an administrative adjustment for chain-link fencing in the front yard in residential districts, provided:
[7]
The Director of Zoning and Permitting shall have the authority to approve an administrative adjustment for central air-conditioning units and the like in the side yard.
[a]
A proposed unit shall be reviewed to ensure that the installation will not have a detrimental impact on the adjacent properties. Such review shall include an evaluation of the following:
[b]
When located in a preservation district, the Preservation Board shall have the authority to issue a certificate of appropriateness for side yard installations as outlined in § 120-194. In such cases no administrative adjustment shall be required. The Preservation Board shall apply the above-listed standards.
[8]
The Director of Zoning and Permitting shall have the authority to approve an administrative adjustment for an addition, or the like, to an existing structure which does not meet the side yard setback requirements of this chapter but is similar to the side yard setback of the existing structure.
[9]
The Director of Zoning and Permitting shall have the authority to approve an administrative adjustment to waive regulations pertaining to signs in the Center City District, with the exception of signs associated with a project undergoing site plan review.
(5)
Limitations on administrative adjustments. An administrative adjustment shall become null and void unless a certificate of zoning compliance and/or building permit is obtained and work is commenced within one year from the date of approval.
(6)
Appeals.
(a)
Appeal of a decision by the Director of Zoning and Permitting on an administrative adjustment shall be taken to the Zoning Board of Appeals within 60 days of the date of the Director of Zoning and Permitting's decision in accordance with the procedures outlined in § 120-195.
(b)
An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the administrative adjustment may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
B.
Certificate of nonconformity.
(1)
Authority. The Director of Zoning and Permitting, or a designee, shall have authority to issue a certificate of nonconformity, but only in accordance with the provisions of this section and Article XXIV.
(2)
Purpose. The certificate of nonconformity shall establish the legality of nonconforming uses, structures, lots and signs established prior to the effective date of this chapter that do not conform to the regulations of this chapter applicable in the zoning districts in which such nonconformities are located. When necessary to establish the legality of a nonconformity, a certificate of nonconformity shall be required for any nonconforming use, structure, lot and sign in the City of Rochester prior to the approval of additional zoning applications that may be required. A certificate of nonconformity shall not be issued to authorize the operation of a cannabis establishment in any of the R-1 Low-Density Residential, R-2 Medium-Density Residential or R-3 High-Density Residential Zoning Districts except in the instance of R-3 High-Density Residential premises that have previously been authorized by special permit to operate as a cannabis establishment in accordance with § 120-27 of this chapter.
(3)
Criteria for determining intensity of use. In addition to the provisions of the zoning district which would first permit the establishment of a particular use as of right, the Director of Zoning and Permitting shall also consider the following in determining the intensity of a use as may be required by the regulations of this chapter pertaining to nonconformities:
(a)
Floor area;
(b)
Hours of operation;
(c)
Volume and type of sales;
(d)
Type of processing activity;
(e)
Nature and location of storage;
(f)
Transportation requirements by volume, type and characteristics;
(g)
Parking and loading characteristics;
(h)
Noise, smoke, odor, glare, vibration, radiation and fumes.
(4)
Additional approvals required.
(a)
In addition to the application for the certificate of nonconformity, the following shall require an area variance from the Zoning Board of Appeals:
(b)
In addition to the application for the certificate of nonconformity, the following shall require a use variance from the Zoning Board of Appeals:
(c)
In addition to the application for the certificate of nonconformity, the following shall require a special permit from the Planning Commission:
[1]
Reestablishment of a use that is of the same or less intensity than the abandoned previous use in a structure not designed for a permitted use and as defined in Article XXIV, provided that this approval shall not be issued to authorize the commencement of a cannabis establishment in any of the R-1 Low-Density Residential, R-2 Medium-Density Residential or R-3 High-Density Residential Zoning Districts. In addition to the standards set forth in § 120-192B(3), the Planning Commission shall consider the following:
(5)
Procedure.
(a)
Application. The owner of any nonconformity may at any time apply to the Director of Zoning and Permitting for a certificate of nonconformity to establish the legality of nonconformity as of a specified date. Such application shall contain such information as may be required by the Director of Zoning and Permitting.
(b)
Action by Director of Zoning and Permitting. Within 45 days following receipt by the Director of Zoning and Permitting of a completed application or such longer time as may be agreed to by the applicant, the Director of Zoning and Permitting shall cause such application to be reviewed for compliance with this section and shall inform the applicant whether the application has been approved, approved with restrictions or denied. The failure of the Director of Zoning and Permitting to act within 45 days of a completed application shall be deemed a denial.
(c)
Approval or denial.
[1]
Upon reviewing an application for a certificate of nonconformity, the Director of Zoning and Permitting shall determine if the required documents and proof are in order and determine if the use, lot, structure or sign:
[a]
Was lawfully existing at the time of the adoption of the provision creating the nonconformity in question;
[b]
Has been in continuous use since its establishment with no period of discontinuance causing abandonment, except as authorized pursuant to § 120-199G(3), and is not in violation of any other provisions of this chapter;
[c]
Is of equal or less intensity than the existing nonconformity;
[2]
The Director of Zoning and Permitting shall issue a certificate evidencing such facts and setting forth the nature and extent of the nonconformity; otherwise, the Director of Zoning and Permitting shall decline to issue such certificate and shall declare such building, structure or sign to be in violation of this chapter.
(6)
Certificate issued based on false information. Any certificate of nonconformity issued based on false information submitted by the applicant shall be null and void.
(7)
Limitation on certificates of nonconformity. A certificate of nonconformity shall become null and void six months after the date on which it was issued unless a building permit and a certificate of occupancy are obtained and maintained.
(8)
Appeals.
(a)
Appeal of a decision by the Director of Zoning and Permitting on a certificate of nonconformity shall be taken to the Zoning Board of Appeals within 60 days of the date of issuance of the Director's decision in accordance with the procedures found in § 120-195.
(b)
An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the certificate of nonconformity may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
C.
Interpretation.
(1)
Authority. The Director of Zoning and Permitting, or a designee, may, subject to the procedures, standards and limitations hereinafter set out, render interpretations of any provision of this chapter.
(2)
Purpose. Interpretations by the Director of Zoning and Permitting are intended to clarify the zoning text or map, including permitted uses, district boundaries, meaning and intent of various portions of this chapter and precise location of mapped district boundary lines.
(3)
Interpretation standards. The following criteria shall govern the Director of Zoning and Permitting and the Zoning Board of Appeals on appeals of a decision by the Director of Zoning and Permitting in issuing use interpretations:
(a)
No interpretation relating to use shall be given with respect to the R-1 through R-3 Residential Districts.
(b)
No interpretation shall permit a use that is a prohibited use defined by this chapter.
(c)
No interpretation shall permit a use listed as a permitted or special permit use in any district to be established in any district in which such use is not so listed.
(d)
No interpretation shall permit any use in any district unless evidence is presented which demonstrates that it will comply with each use limitation established for the particular district.
(e)
No interpretation shall permit any use in any district unless such use is substantially similar to other uses permitted in such district and is more similar to such other uses than to uses permitted or specially permitted in a more restrictive district.
(4)
Procedure.
(a)
Application. A request for interpretation of any provision of this chapter shall be submitted in writing to the Director of Zoning and Permitting. It shall set forth the specific provision or provisions to be interpreted, the facts of the specific situation concerning the request for an interpretation, and the precise interpretation claimed by the applicant to be correct. Before the rendering of any interpretation, the Director of Zoning and Permitting may require such further facts and information as are, in his or her judgment, necessary to a meaningful interpretation of the provision in question.
(b)
Action by Director of Zoning and Permitting. Within 10 business days following the receipt of a completed request or application for interpretation, the Director of Zoning and Permitting shall inform the applicant in writing of the interpretation. The Director of Zoning and Permitting shall state the specific precedent, reasons and analysis upon which such interpretation is based.
(c)
Procedure following interpretation. Following an interpretation by the Director of Zoning and Permitting, such interpretation shall be appended to the official copy of this Zoning Code and distributed with any copies of said Code until such time as a formal amendment renders such appendix redundant.
(5)
Effect of interpretation. An interpretation finding a particular use to be permitted or specially permitted in a specified district shall not authorize the establishment of such use nor the development, construction, reconstruction, alteration or moving of any building or structure but shall merely authorize the preparation, filing and processing of applications for any permits and approvals which may be required by the Code of the City of Rochester, including but not limited to a permit for a special permit, a certificate of zoning compliance, a building permit, a certificate of occupancy, subdivision approval and site plan approval.
(6)
Limitation on interpretations. If not made part of this chapter, an interpretation shall become null and void one year after the date the interpretation was made.
(7)
Appeal.
(a)
Appeals of interpretations made by the Director of Zoning and Permitting shall be made to the Zoning Board of Appeals within 60 days of the date of the decision in accordance with the procedures found in § 120-195.
(b)
An appeal of an interpretation shall stay all proceedings in furtherance of the interpretation appealed, including the issuance of a building permit, unless the Director of Zoning and Permitting certifies to the Zoning Board of Appeals after the notice of appeal has been filed that a stay would cause substantial damage to life or property. In such case, the proceedings shall not be stayed other than by a majority vote of the Zoning Board of Appeals.
(c)
An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the interpretations may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
D.
Site plan review.
(1)
Authority. Subject to the procedures, standards and limitations set forth in this chapter, the Director of Zoning and Permitting, or a designee, shall review and approve, approve with conditions or deny applications for site plans.
(2)
Purpose. The site plan review process recognizes that some developments and uses, even though generally suitable for location in a particular district, are, because of their design (materials, details, textures), character, nature, size, complexity or other indicia of probable impact, capable of adversely affecting the goals for which this chapter is established unless careful consideration has been given to critical design elements. It is the purpose of this section to provide a vehicle for the review of the applicant's attention to such elements.
(3)
Site plan review thresholds for minor and major site plan reviews. Site plan review in accordance with this section shall be required in the following cases, with the exception of accessory structures not changing land use or density and projects involving no site or external structural alterations:
(a)
Minor site plan review shall be required for any development or redevelopment that includes construction, enlargement or addition to any building or any site preparation for a site or use that may not include or require a building and meets one of the following:
[1]
New construction that does not meet the City-wide design standards set forth in this chapter, except those applications not meeting the residential building standards set forth in § 120-160A(2) to (4).
[2]
Exterior alterations to existing buildings or structures and all new construction in the CCD that include minor deviations from the design criteria, excluding deviations pertaining to signs. (Note: Refer to the pertinent Design Checklist at the end of this chapter for a list of deviations.)
[3]
Exterior alterations to existing buildings in Village Center Districts that do not meet the specific design standards listed in those districts.
[4]
Applications that do not comply with neighborhood design guidelines adopted pursuant to § 120-161.
[6]
More than two loading spaces in any district adjacent to any residential district or Open Space District.
[8]
Any new structure or structures having a total floor area, or covering a contiguous land area, in excess of 20,000 square feet which do not comply with the City-wide Design Standards and all other zoning requirements.
[9]
Any new construction on a vacant parcel of one acre or more.
[10]
Projects involving or abutting a designated landmark or those involving or abutting a site listed or eligible for listing on the State or National Register of Historic Places.
[11]
Projects within an O-S Open Space District and commercial and industrial development adjacent to the O-S Open Space District.
[12]
Any outdoor activity area accessory to a nonresidential use, excluding accessory outdoor seating.
[13]
Projects within 100 feet of waterfront.
[14]
New construction of multifamily dwellings.
[15]
New advertising sign structures.
[16]
In planned development districts, incremental development as defined in § 120-126B of this chapter.
[17]
The conversion of floor area designed for nonresidential use to a residential use and vice versa in any commercial, village center, overlay, or residential district.
[18]
Any development or redevelopment resulting in site grading exceeding the maximum slope requirements in § 120-178.
[19]
Any development or redevelopment in all districts, with the exception of detached single-family dwellings and two-family dwellings, that involves the installation of a new curb cut in the public right-of-way of principal arterials, minor arterials and collector streets. (See Attachment SC, Street Classifications.)
(b)
Minor site plan review shall be required for the following:
[1]
All junkyards or salvage yards, recycling centers and waste stations.
[2]
Prior to demolition, any site preparation, development or redevelopment where demolition is proposed in the C-1, C-2, and Village Center Districts.
[3]
Conversion to or from any of the following vehicle-related uses or the development or redevelopment of any sites devoted to such uses, including:
(c)
Major site plan review required. Major site plan review will be required for any site plan meeting one or more of the thresholds of minor site plan review and one of the following:
[1]
All Type I actions as identified in § 48-4 of the City Code, excluding applications requiring certificates of appropriateness.
[2]
Applications in the CCD that include major deviations from the design criteria. (Note: Refer to the pertinent Design Checklist at the end of this chapter for a list of major deviations.)
[3]
All development concept plan approvals or amendments for planned development districts.
[4]
Construction of any principal building in the C-1, C-2, H-V or PMV Districts that does not meet City-wide design standards set forth in this chapter.
[5]
A redevelopment plan contingent upon the demolition of a designated building of historic value, excluding applications requiring certificates of appropriateness.
[6]
Sign proposals for designated buildings of historic value in the CCD with minor deviations of the design criteria relating to number, type and size.
(4)
Denial criteria. The Director of Zoning and Permitting shall deny an application on the basis of specific written findings directed to one or more of the following:
(a)
The application is incomplete in specified particulars or contains or reveals violations of this chapter or other applicable regulations which the applicant has, after written request, failed or refused to supply or correct.
(b)
The proposed site plan interferes unnecessarily, and in specified particulars, with easements, roadways, rail lines, utilities, and public or private rights-of-way.
(c)
The proposed site plan unnecessarily, and in specified particulars, destroys, damages, detrimentally modifies or interferes with the enjoyment of significant natural, topographic or physical features of the site.
(d)
The proposed structures unnecessarily, and in specified particulars, destroy, damage. detrimentally modify or interfere with the significant design features of the existing buildings and structures on the site.
(e)
The proposed structures or landscaping unnecessarily, and in specified particulars, bear a poor relationship to the existing physical development of the site or results in an overall development that compromises existing design, parking or landscaping elements.
(f)
The site design does not comply with ADA requirements.
(g)
The proposed site plan unnecessarily, and in specified particulars, is injurious or detrimental to the use and enjoyment of surrounding property.
(h)
There is inadequate infrastructure capacity to support the use or development.
(i)
The proposed site plan and associated improvements fail to mitigate the project's anticipated traffic impacts.
(j)
The proposed site plan fails to provide for adequate access for emergency vehicles.
(k)
The pedestrian and vehicular circulation elements unnecessarily, and in specified particulars, create hazards to safety on or off the site.
(l)
The proposed structure unnecessarily, and in specified particulars, is lacking amenity in relation to or are incompatible with, nearby structures and uses.
(m)
The proposed site plan unnecessarily, and in specified particulars, is lacking amenity in relation to, or incompatible with, nearby structures and uses.
(n)
The proposed site plan unnecessarily, and in specified particulars, creates drainage or erosion problems.
(o)
The proposed structures unnecessarily, and in specified particulars, are incompatible with or lacking in amenity in relation to existing uses on the site or existing building materials, roof shapes and fenestration on the site. .
(p)
The proposed site plan fails to contribute to existing pedestrian-oriented rights-of way and unnecessarily, and in specified particulars, is lacking in amenity in relation to the public realm and streetscape.
(q)
The proposed site plan detrimentally impacts the visual and physical access to and along the waterfront
(5)
Procedure.
(a)
Application. Applications for minor and major site plans shall be submitted in a form and in such numbers as required by the Director of Zoning and Permitting. A nonrefundable fee, as established from time to time by the City Council to help defray administrative costs, shall accompany each application. The Director of Zoning and Permitting may also request such other and further information and documentation deemed necessary or appropriate to a full and proper consideration and disposition of the particular application.
(b)
Action by Director of Zoning and Permitting.
[1]
Within 30 days following receipt by the Director of Zoning and Permitting of a completed application or such longer time as may be agreed to by the applicant, the Director of Zoning and Permitting shall cause such application and the attached plans to be reviewed for compliance with this chapter and shall render a decision.
[2]
For all major site plans, the Director of Zoning and Permitting will refer the site plan to the Project Review Committee which shall review and make a recommendation to the Director of Zoning and Permitting regarding the site plan.
[3]
Processing multi-action applications.
[a]
In cases where site plan review applications are required in conjunction with other special process applications, site plan review shall precede all other applications. The applicant shall submit all appropriate application and State Environmental Quality Review Act (SEQRA) forms.
[b]
Following appropriate staff and agency review, the lead agency shall prepare a SEQRA environmental significance determination and preliminary site plan review findings.
[c]
At this point, any special review process applications shall be submitted and public hearings held in accordance with this article.
[d]
Only upon approval of such special review applications shall a final site plan review decision be made.
(c)
Approval or denial.
[1]
The Director of Zoning and Permitting shall issue a final decision on each site plan. The decision of the Director of Zoning and Permitting, which shall be based on the findings set forth, shall be final and shall:
[2]
In any case where an application is denied, the Director of Zoning and Permitting shall state the specific reasons and shall cite the specific provisions of this chapter upon which such denial is based.
[3]
The Director of Zoning and Permitting shall stamp each copy of the application and plans to reflect the action taken and shall return one copy of each to the applicant and shall retain one copy of each in City records for such period as he or she may deem necessary or as may be required by law.
(d)
Regional context review criteria.
[1]
Linkage. To the maximum practical extent, new development shall be laid out and designed to provide walkways and paths that connect with destinations such as parks, schools and shopping areas within and outside the municipal boundaries.
[2]
Location of existing and planned transit routes. Any proposed development shall consider the location of existing and planned transit routes and provide vehicular and pedestrian connections to any transit points within or adjacent to the development.
(e)
Amendment. An approved site plan may be amended at any time in the same manner and subject to the same standards and limitations as provided in this section for original site plan approval except as otherwise authorized by the Director of Zoning and Permitting.
(6)
Letters of credit.
(a)
Each applicant shall be required to provide evidence of the financing plan that the applicant proposes to use to complete the proposed project, which may include a letter of credit, or similar security acceptable to the Director of Zoning and Permitting, and a fully executed agreement in the form provided by the City. The letter of credit in favor of the City of Rochester for the estimated cost of required site improvements shall be unconditional and irrevocable for a period of not to exceed two years. The agreement shall also be irrevocable for a period of two years and shall permit the City of Rochester to enter the subject property and to install such improvements if the applicant fails to do so within the period of time specified in the agreement.
(b)
Such letter of credit or similar security, and the agreement, each in a form satisfactory to the Director of Zoning and Permitting, shall be submitted prior to obtaining a building permit as a condition of site plan approval.
(c)
Should the applicant fail to perform the required site improvements within the agreed period of time, the Director of Zoning and Permitting shall issue a written notice of such failure to the applicant. It shall be sufficient service of such notice if it is mailed to the applicant at the address provided by him or her in the site plan application. If the applicant fails to perform the required site improvements within 15 business days of the issuance of such notice, the Director of Zoning and Permitting is authorized to draw upon the letter of credit or to access any other offered security as may be necessary to cover the costs to the City to perform work which the applicant failed to perform. The applicant may request a hearing before the Director of Zoning and Permitting within five days from the issuance of the notice. The hearing will be held before the expiration of the notice period of 15 business days.
(d)
The letter of credit or other security, described in this subsection, may be waived by the Director of Zoning and Permitting where:
[1]
No site improvements or alterations to the site are associated with the application for site plan approval and no site improvement conditions have been attached to such approval.
[2]
None of the proposed or required site improvements will have any discernible impact on adjacent private property or on the public right-of-way, and such improvements primarily affect the user of the property and not adjacent property owners or the general public.
[3]
Evidence of the applicant's satisfactory completion of prior site plan review projects is offered in lieu of a letter of credit.
[4]
Evidence of a satisfactory financing plan that will guarantee completion of the required site improvements.
(7)
Effect of site plan approval. If the Director of Zoning and Permitting or the Planning Commission shall approve the application, or approve it subject to further specified approvals or conditions which are acceptable to the applicant, such approval shall not authorize the establishment or expansion of any use nor the development, construction, reconstruction, alteration or moving of any building or structure.
(8)
Limitations on site plan approvals. A site plan approval shall become null and void one year after the date on which it was issued unless a building permit is obtained and maintained.
(9)
Referrals and appeals.
(a)
Referrals of a decision by the Director of Zoning and Permitting on a site plan review application shall be taken to the City Planning Commission within 30 days of the decision. A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with § 120-188. The Commission shall review the application in accordance with the denial criteria set forth in § 120-191D(4) and shall render a decision within 30 days following the conclusion of the public hearing. The failure of the Commission to act within 30 days shall be deemed an endorsement of the decision of the Director of Zoning and Permitting.
(b)
An appeal from any final decision of the Planning Commission as to any matter regarding the site plan review may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
§ 120-192 Procedures approved by the Planning Commission.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240; 12-20-2005 by Ord. No. 2005-394; 8-12-2008 by Ord. No. 2008-296; 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 6-20-2017 by Ord. No. 2017-170; 7-23-2024 by Ord. No. 2024-241; 6-17-2025 by Ord. No. 2025-209]
A.
Cluster development.
(1)
Authority. Pursuant to § 37 of the New York General City Law and the Charter of the City of Rochester, the Planning Commission, as a matter of its original jurisdiction and subject to the procedures, standards and limitations hereinafter set out, may permit, simultaneously with the approval of a subdivision plat, deviations from the zoning requirements established by this chapter governing the average density of population permitted in the zoning district where such land lies.
(2)
Purpose. Cluster development procedures are established to provide a method to permit minor modifications of the yard, bulk and space requirements applicable in the various districts established by this chapter. Cluster development permits the grouping of structures in order to provide more usable open space or to preserve open space or historic or scenic features without exceeding overall density or land coverage requirements.
(3)
Cluster development standards.
(a)
Authorized uses. No use shall be authorized by a cluster development permit except uses permitted or permissible in the district in which such development is to be located. Approval of a cluster development for a use requiring any special approval shall not excuse the requirement of obtaining such special approval.
(b)
Density and coverage. No permit for a cluster development shall authorize any increase in the overall density or intensity of development nor any increase in the overall lot coverage permitted by the district regulations applicable in the district in which such development is to be located. All land devoted to private street purposes shall be excluded from density, intensity and lot coverage calculations.
(c)
Approval criteria. A permit for a cluster development shall be approved only if evidence is presented which establishes that:
[1]
The proposed development will be in harmony with the general purpose, goals, objectives, standards and implementing strategies of the Comprehensive Plan, this chapter and the Subdivision Code.
[2]
The proposed building or use complies with all applicable regulations of this chapter except as modified pursuant to the authority of this section.
[3]
The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.
[4]
The proposed cluster development will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations.
[5]
The proposed cluster development will be served adequately by essential public facilities and services, such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools, or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.
[6]
The proposed cluster development will not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.
(4)
Procedure.
(a)
Application. An application for cluster development shall be submitted in a form and in such numbers as required by the Director of Zoning and Permitting. A nonrefundable fee, as established from time to time by the City Council to help defray administrative costs, shall accompany each application. The Director of Zoning and Permitting may also request such other and further information and documentation deemed necessary or appropriate to a full and proper consideration and disposition of the particular application.
(b)
Public hearing. A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with § 120-188.
(c)
Action by Planning Commission.
[1]
Within 62 days following the conclusion of the public hearing, the Planning Commission shall render its decision of approval, approval with conditions or denial of approval. The failure of the Commission to act within 62 days, or such longer period of time as may be agreed to by the applicant, shall be deemed a denial of the application.
[2]
Within 10 business days of such decision or the expiration of such period, the Director shall mail notice of such decision or failure to act to all parties entitled thereto as provided by § 120-188, file such decision in the office of the City Clerk, and, in the event that a cluster development permit is authorized, the Director of Zoning and Permitting shall issue such permit, listing therein any and all conditions imposed by the Planning Commission.
[3]
The Planning Commission may impose such conditions upon the premises benefited by a permit for a cluster development as may be necessary to ensure its compatibility with other development in the neighborhood. Such conditions shall be expressly set forth in the resolution authorizing the cluster development and in any associated permit. Violation of such conditions shall be a violation of this chapter.
(d)
Amendments to cluster developments. An approved cluster development may be amended in the same manner and subject to the same limitations as any other regulation established by this chapter, except that site plan review and approval pursuant to § 120-191 shall be required in connection with any such proposed amendment.
(5)
Effect of cluster development approval.
(a)
Amendment to regulations. The issuance of a permit for a cluster development shall, upon the filing of a plat of such development with the Monroe County Clerk, constitute an amendment of the bulk, space and yard regulations of this chapter applicable to such development, and thereafter such plat shall constitute the bulk, space and yard regulations applicable to such development.
(b)
No development or construction authorized. The issuance of a permit for a cluster development shall not authorize the establishment or expansion of any use nor the development, construction, reconstruction, alteration or moving of any building or structure but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the City, including but not limited to a permit for a special permit, a certificate of zoning compliance, a building permit, a certificate of occupancy and subdivision approval.
(6)
Modifications to cluster development. During the development of a cluster development, the Director of Zoning and Permitting may authorize modifications to the approved cluster development when such modifications appear necessary in light of technical or engineering considerations first discovered during actual development.
(a)
Authorization of modifications. No such modifications shall authorize the violation of any of the requirements set forth in this section nor result in:
[1]
Altering the bulk of any one structure or altering the bulk of a member of similar structures by more than 10%.
[2]
Altering the location of any one structure or group of structures by more than 10 feet or 0.1 of the distance shown on the plat between such structure or structures and any other structure or any vehicular circulation element or any boundary of the cluster development, whichever is less.
[3]
Altering the boundary of any open space by more than 20 feet.
[4]
Reducing the total amount of open space by more than 5% or reducing the yard area or open space associated with any single structure by more than 5%.
(b)
Consistency of modifications. Such modifications shall be consistent with the intent and purpose of the Comprehensive Plan, this chapter and the approved cluster development plat and shall be the minimum necessary to overcome the particular difficulty.
(7)
Limitation on cluster development. A cluster development approval shall be null and void one year after the date on which it was issued unless a building permit is issued and construction begun within that time frame.
(8)
Appeal.
(a)
Appeals of decisions made by the Director of Zoning and Permitting on modifications to the cluster development shall be made to the Planning Commission within 30 days of the decision.
(b)
An appeal from any final decision of the Planning Commission as to any matter regarding the cluster development may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
B.
Special permit.
(1)
Authority.
(a)
As a matter of its original jurisdiction, the Planning Commission may, subject to the procedures, standards and limitations hereinafter set out, hear, review and finally decide special permit applications required by this chapter.
(2)
Purpose. The special permit procedure is intended to provide a means to establish those uses having some special impact or uniqueness which requires a careful review of their location, design, configuration and special impact to determine, against fixed standards, the desirability of permitting their establishment on any given site. They are uses that may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect.
(3)
Special permit standards.
(a)
Approval standards.
[1]
A special permit shall be approved only if evidence is presented which establishes that:
[a]
The proposed application will be in harmony with the general purpose, goals, objectives, standards and implementation strategies of the Comprehensive Plan, this chapter and, where applicable, the Subdivision Code.
[b]
The proposed application will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.
[c]
The proposed application will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring properties in accordance with the applicable district regulations.
[d]
The proposed application will be served adequately by essential public facilities and services, such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools, or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services.
[e]
The proposed application will not result in the destruction, loss or damage of any natural, scenic, cultural or historic feature of significant importance.
[2]
In determining whether the evidence establishes that the foregoing standards have been met, the Planning Commission may determine that an overriding public need mitigates certain impacts or effects of the proposed application and support approval.
(b)
For special permit applications for use of vacant land or single-story structures in the M-1 District as outlined in § 120-83, in addition to the standards for special permit approval set forth in § 120-192B(3), a special permit shall be approved only if a marketability analysis is presented which establishes at least one of the following standards:
[1]
Marketability standards.
[a]
The premises is not marketable for manufacturing or industrial purposes as demonstrated by at least one of the following factors:
[b]
In the case of a site of one acre or less, the low potential to include the site as part of an assembly of adjacent properties for industrial purposes.
[c]
The proposed use is in conformance with the strategic plan and policies of the City for economic development and job creation.
[d]
The proposed use will provide a service to neighboring industrial uses and/or their employees.
[2]
In applying for a special permit under the marketability standards, it shall be enough for an applicant to indicate the general location and distribution of any of the proposed uses. Once a special permit for a building site or lot has been approved, an applicant shall not be required to apply for special permit approval for each individual tenancy.
[3]
If the use or category of use of an existing building or site is proposed to be changed subsequent to such approval, an application for a modification of the special permit shall be filed pursuant to § 120-192, except the applicant shall not be required to reestablish the special permit standard concerning marketability.
[4]
Standards indicating the type of information required to document conformance with each of the aforementioned standards shall be as adopted from time to time by the Planning Commission.
(c)
For special permit applications for nonconformities, the Planning Commission shall weigh the considerations outlined in § 120-191.
(4)
Procedure.
(a)
Application. An application for a special permit shall be submitted in a form and in such numbers as required by the Director of Zoning and Permitting. A nonrefundable fee, as established from time to time by the City Council to help defray administrative costs, shall accompany each application. The Director of Zoning and Permitting may also request such other and further information and documentation deemed necessary or appropriate to a full and proper consideration and disposition of the particular application. In addition, all applications for a special permit shall comply with all standards imposed on it by the particular provision of this chapter, unless the Planning Commission may waive the standard, authorizing such use.
(b)
Public hearing. A public hearing shall be set, advertised and conducted by the Planning Commission in accordance with § 120-188.
(c)
Action by Planning Commission.
[2]
The failure of the Commission to act within 62 days shall be deemed a denial of the application.
[3]
Within 10 business days of such decision or the expiration of such period, the Director shall mail notice of such decision or failure to act to all parties entitled thereto as provided by § 120-188, file such decision in the office of the City Clerk, and, in the event that a permit for a special permit is authorized, the Director of Zoning and Permitting shall issue such permit, listing therein any and all conditions imposed by the Planning Commission.
[4]
Where the district regulations authorizing any special permit in a particular district impose additional standards to be met by such use in such district, a permit for such use in such district shall be approved only if evidence is presented to establish compliance with such additional standards.
(d)
Conditions on special permits.
[1]
The Planning Commission may impose such conditions upon the premises benefited by a special permit as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood.
[2]
Such conditions shall be expressly set forth in the resolution authorizing the special permit and in any associated permit.
[3]
Violation of such conditions shall be a violation of this chapter.
[4]
Such conditions may be required to be performed in a specific order.
[5]
Such conditions may include but shall not be limited to the following:
[a]
Modification of specific features of the site plan to improve the safety of the site for the general public;
[b]
The hours of operation, loading and deliveries;
[c]
Location on a site of activities that generate potential adverse impacts on adjacent uses such as noises and glare;
[d]
Placement of trash receptacles;
[e]
Location of loading and delivery areas;
[f]
Lighting location, intensity and hours of illumination;
[g]
Placement and illumination of outdoor vending machines, telephones, and similar outdoor services and activities;
[h]
Additional landscaping and buffering;
[i]
Height restrictions to preserve light and privacy and views of significant features from public property and rights-of-way,
[j]
Access to natural lighting and solar exposure;
[k]
Ventilation and control of odors and fumes;
[l]
Dust-control paving; and
[m]
Noise limitations.
(e)
Renewal of special permits with specified time periods. Special permits that have been issued for a specific time period are subject to review for compliance with all of the conditions imposed at the time of approval of the initial permit. Following a public hearing on the matter, the Planning Commission may decline to reissue the special permit only when it can be clearly demonstrated that the applicant has failed to comply with one or more of the conditions of the original approval, substantial new issues addressing the permit standards during the operation of the use or the general requirements of this chapter are not met.
(5)
Modifications to special permits. No expansion or modification of a use or its operation that is the subject of a special permit shall be permitted, except through the same process as required for initial approval of the special permit.
(6)
Effect of issuance of a special permit. The issuance of a special permit shall not alone authorize the establishment or expansion of any use nor the development, construction, reconstruction, alteration or moving of any building or structure but shall merely authorize the preparation, filing and processing of applications for any permits or approvals which may be required by the codes and ordinances of the City, including but not limited to a certificate of zoning compliance, a certificate of appropriateness, variances, a building permit, a certificate of occupancy and subdivision approval.
(7)
Limitations on special permits. A special permit shall become null and void one year after the date on which it was issued unless a building permit is obtained and maintained. Where a violation of this chapter has been cited against the property which is the subject of the special permit, the Commission may establish a shorter time limitation based on the nature and severity of the violation, taking into consideration the practical ability of the applicant to correct the violations in light of weather conditions, construction issues or other relevant factors. A special permit shall be deemed to authorize only the particular use or its operation for which it was issued, and such permit shall automatically expire and cease to be of any force or effect if such use shall, for any reason, be discontinued for a period of six consecutive months or more.
(8)
Appeal. An appeal from any final decision of the Planning Commission as to any matter regarding the special permit may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
C.
Adoption of neighborhood design guidelines.
(1)
Authority. The Planning Commission shall have the authority to adopt neighborhood design guidelines as outlined in § 120-161.
(2)
Purpose. The neighborhood design guideline process herein established is intended to provide a means for the Planning Commission to review and adopt guidelines proposed for specific neighborhoods in the City of Rochester.
(3)
Procedure.
(a)
Neighborhood design guidelines shall be approved by petition by 50% or more of the affected property owners in the district prior to being submitted to the Project Review Committee. A copy of the proposed neighborhood design guidelines shall be attached to the petition distributed to affected property owners.
(b)
Neighborhood design guidelines may be proposed by a citizen group, neighborhood group, sector committee or other affected organization.
(c)
Action by the Project Review Committee The guidelines shall be reviewed by the Project Review Committee, which shall make recommendations to the Planning Commission.
(4)
Appeal. An appeal from any final decision of the Planning Commission as to any matter regarding the neighborhood design guidelines may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
§ 120-193 Procedures approved by the Preservation Board and Planning Commission.
[7-27-2004 by Ord. No. 2004-240; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Designation of landmarks.
(1)
Authority. The Preservation Board and Planning Commission shall have the authority, in accordance with the procedures hereinafter established, to designate landmarks within the City and to rescind such designations as from time to time shall seem appropriate.
(2)
Purpose. Landmarks may be designated in furtherance of the following public purposes, which are hereby found to be in the interest of the health, prosperity and welfare of the City and its residents:
(a)
To effect and accomplish the protection, enhancement, perpetuation and use of improvements and areas of special character or special historical and aesthetic interest or value which represent or reflect elements of the City's cultural, social, economic, political and architectural history.
(b)
To safeguard the City's historic, aesthetic and cultural heritage as embodied and reflected in such improvements and areas.
(c)
To stabilize and improve property values in such areas.
(d)
To foster civic pride in the beauty and noble accomplishments of the past.
(e)
To protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided.
(f)
To strengthen the economy of the City.
(g)
To promote the use of historic districts and landmarks for the education, pleasure and welfare of the people of the City.
(3)
Landmark designation standards. No structure, improvement, landscape feature or cultural site in the City shall be designated a landmark pursuant to the provisions of this section unless it shall have the potential to provide cultural and civic benefits for the people of the City by reason of prevalence of one or more of the following standards:
(a)
Preservation Board standards:
[1]
Presence of significant character or historic or aesthetic interest or value as part of the maritime, architectural, economic or social heritage of the City, county, state or nation.
[2]
Identification with an historic person or event.
[3]
Embodiment of the distinguishing characteristic of an architectural style.
[4]
Significance as representative of the work of a master builder, designer, architect or landscape architect.
[5]
Significance as an established and familiar visual feature of the City because of a unique location or singular physical characteristic.
[6]
Relationship to a distinctive area of the City, lakefront or riverfront.
[7]
Presence or potential presence of information important to history or prehistory.
[8]
Worthiness for inclusion or listed on the State or National Register of Historic Places.
(b)
Landmark designation standards for the Planning Commission for applications that the Preservation Board has agreed to designate:
[1]
The proposed designation will be in harmony with the City's Comprehensive Plan and overall planning program of the City.
[2]
The proposed designation will not adversely impact the growth and development of the City.
[3]
The proposed designation will not adversely impact any scheduled public improvement or renewal project.
(4)
Procedure.
(a)
Application.
[1]
A landmark may be proposed by the City Council, the Planning Commission, the Preservation Board or the property owner by transmitting such proposal, together with such supporting materials as may seem appropriate, to the Director of Zoning and Permitting for processing in accordance with the provisions of this section.
[2]
Any other City resident may submit a nomination request to the Preservation Board. If the Preservation Board agrees to sponsor the application, the City resident shall provide supporting documentation that the proposed landmark is worthy of designation by preparing all supporting materials for any application.
(b)
Notice to owner. In addition to any other required notification, a notice sent by certified mail with return receipt requested shall be forwarded within five business days of the Director of Zoning and Permitting receiving a nomination request and upon receipt of the completed application to the last known property owner of the nominated landmark as shown on records of the City.
(c)
Action by the Preservation Board. Upon receipt of a completed application by the Director, a public hearing shall be set, advertised and conducted by the Preservation Board.
[2]
The failure of the Preservation Board to act within 32 days of the closing of the public hearing, or such longer time as may be agreed to by the applicant, shall be deemed a refusal to approve the landmark as proposed.
[3]
In the event that the designation is not consented to by the owner of the proposed landmark, such designation shall require a three-fourths affirmative vote of the entire Board.
[4]
A copy of such resolution shall be forwarded to the Chairperson of the Planning Commission.
(d)
Action by Planning Commission.
[1]
Where the Preservation Board does not act within the required time period, or where the Board refuses to designate, no further action shall be necessary, and the application shall be deemed void.
[2]
The Planning Commission shall give due consideration to the resolution of the Preservation Board, the evidence produced at its public hearing, any staff reports prepared with respect to the proposed landmark and its own knowledge and expertise.
[4]
In the event that the designation is not consented to by the owner of the proposed landmark, such designation shall require a three-fourths affirmative vote of the entire Planning Commission. The failure of the Planning Commission to act within 32 days, or such longer time as may be agreed to by the applicant, shall be deemed an approval of the landmark designation as passed by the Preservation Board.
(e)
Publication, recording and effective date.
[1]
Upon the adoption of a resolution by the Planning Commission approving the designation of a landmark, or upon the expiration of time provided for the adoption of such a resolution, the Director of Zoning and Permitting shall cause the location of such landmark to be recorded on the Zoning Map.
[2]
The designation of such landmark shall become effective upon such recording.
(f)
Amendment and rescission of landmark designation. A landmark designation made pursuant to this section may be amended or rescinded in the same manner as herein provided for the designation of such landmark.
(g)
Alteration to property pending final disposition. When any proposal, nomination request or application has been filed pursuant to this section to designate a landmark, and until such proposal or application has been finally disposed of, it shall be unlawful for any person to, and no person shall, perform, cause or permit any construction, alteration, remodeling, removal, movement or demolition of any building, structure, other improvement or premises which is included within such proposal or application except in accordance with the provisions of this section.
(5)
Appeal. An appeal from any final decision of the Preservation Board or Planning Commission as to any matter regarding the landmark designation may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
§ 120-194 Procedures approved by the Preservation Board.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240; 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Certificate of appropriateness.
(1)
Authority. The Preservation Board shall have the authority to issue certificates of appropriateness within the City.
(2)
Preservation guidelines. The Preservation Board shall have the authority to develop and adopt preservation guidelines pursuant to the public hearing process set forth in this chapter. In certain cases, the Director of Zoning and Permitting may approve a certificate of appropriateness that complies with the preservation guidelines. Such preservation guidelines shall be kept on record with the Director of Zoning and Permitting.
(3)
Purpose. The certificate of appropriateness is intended to provide a procedure for the review of plans for work in preservation districts and on landmarks to ensure that such work will comply with standards established to preserve the integrity of any structure, improvement, landscape feature or cultural site that has been determined to merit special protection.
(4)
Certificate of appropriateness required.
(a)
It shall be unlawful for any person to perform, cause or permit any construction, alteration, remodeling, removal, movement or demolition of any structure, improvement, landscape feature or cultural site which has been designated a landmark or which is located within an area which has been designated as a preservation district.
(b)
No person shall secure or issue a permit authorizing any such work unless a certificate of appropriateness with respect to such work and, in the case of demolition of a principal structure, with respect to the new construction proposed to replace such structure shall have first been issued pursuant to this section.
(c)
Use of the alternate sign programs in preservation districts shall require a certificate of appropriateness.
(d)
The following shall require a certificate of appropriateness: parking areas in the side and front yard subject to the criteria set forth in § 120-191A(4) and side yard air-conditioning units and the like subject to the criteria set forth in § 120-191A(4)(c)[7].
(5)
Activities exempt from certificate of appropriateness. A certificate of appropriateness shall not be required for the following, unless the site is a landmark:
(a)
Replacement of historic features precisely in kind, using like material in the same configuration, size, and degree of detail.
(b)
Interior renovations without landmark designated interior.
(c)
Exterior painting of previously painted structures when a color change is proposed.
(d)
Repairs, replacements, and routine maintenance that do not constitute alteration.
(e)
The removal of dead or diseased trees, as certified by a licensed arborist in writing to the Director of Zoning and Permitting.
(f)
Improvements in the rear yard not deemed to be permanent as determined by the Director of Zoning and Permitting.
(6)
Certificate of appropriateness. In approving applications for certificates of appropriateness, the Preservation Board and its committees shall consider and evaluate the propriety of issuing the certificate in terms of its effect on the purposes for which landmarks and preservation districts are designated. In addition, the Board and its committees shall be guided by the following standards and considerations:
(a)
Properties within a preservation district. In reviewing applications for certificates of appropriateness in a preservation district, the Preservation Board shall consider quality of design and quality of site development, including but not necessarily limited to:
[1]
Visual compatibility. New and existing buildings and structures, and appurtenances thereof, which are moved, reconstructed, materially altered or repaired shall be visually compatible in terms of the following criteria:
[a]
Height. The height of the proposed buildings and structures shall be visually compatible with adjacent buildings.
[b]
Proportion of front facade. The relationship of the width to the height of the front elevation shall be visually compatible with buildings, public ways and places to which it is visually related.
[c]
Proportion of openings. The relationship of the width to height of windows shall be visually compatible with buildings, public ways and places to which the building is visually related.
[d]
Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with buildings, public ways and places to which it is visually related.
[e]
Rhythm of spacing and buildings on streets. The relationship of a building or structure to the open space between it and adjoining buildings or structures shall be visually compatible with the buildings, public ways and places to which it is visually related.
[f]
Rhythm of entrance porch and other projections. The relationship of entrances and other projections to sidewalks shall be visually compatible with the buildings, public ways and places to which it is visually related.
[g]
Relationship of materials, texture and color. The relationship of the materials, texture and color of the facade shall be visually compatible with the predominant materials used in the buildings and structures to which it is visually related.
[h]
Roof shapes. The roof shape of a building shall be visually compatible with the buildings to which it is visually related.
[i]
Walls of continuity. Building facades and appurtenances, such as walls, fences and landscape masses, shall, when it is a characteristic of the area, form cohesive walls of enclosure along a street, to ensure visual compatibility with the buildings, public ways and places to which such elements are visually related.
[j]
Scale of a building. The size and mass of buildings and structures in relation to open spaces, windows, door openings, porches and balconies shall be visually compatible with the buildings, public ways and places to which they are visually related.
[k]
Directional expression of front elevation. A building shall be visually compatible with the buildings, public ways and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.
[2]
Quality of design and site development.
[a]
The quality of the open spaces between buildings and in setback spaces between street and facade.
[b]
The quality of materials and their relationship to those in existing adjacent structures.
[c]
The quality of the design in general and its relationship to the overall character of the neighborhood.
[d]
The quality of the site development in terms of recreation, pedestrian access, automobile access, parking and servicing, and the retention of trees and shrubs to the extent possible.
[3]
Special considerations for existing buildings. For existing buildings the Board shall consider the availability of materials, technology and craftsmanship to duplicate existing styles, patterns, textures and overall detailing. When several acceptable alternatives are appropriate, costs may be considered by the Preservation Board.
(b)
Landmarks. In reviewing applications for certificates of appropriateness with respect to landmarks, the Preservation Board shall consider the following factors:
[1]
Standards. All the standards set forth in this section.
[2]
Color. The color shall be compatible with the style of the structure or improvement. Any change in color from the existing color at the time of designation shall be reviewed to ensure its appropriateness for the structure or improvement.
[3]
Exterior repairs. Any exterior repair shall be reviewed by the Board to ensure its compatibility with the original design concept of the structure.
[4]
Restorations. Any program of restoration shall be compatible with the original design, when the plans or other records exist, or with the general design of buildings of that era.
[5]
Interior repairs. Any interior repairs for buildings with interior landmark designation shall be compatible with the original design.
(7)
Procedures.
(a)
Application. Applications for certificates of appropriateness shall be submitted to the Director of Zoning and Permitting. Such applications shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Director of Zoning and Permitting.
(b)
Other approvals required. Where the proposed application requires the issuance of a special permit, a variance or other approval, no final approval for a certificate of appropriateness shall be approved until the permit has been issued. The issuance of any such permit shall not be deemed to establish any right to the issuance of a certificate of appropriateness, which certificates shall be issued or denied solely on the basis of the standards established by this section.
(c)
Action by Director of Zoning and Permitting. The Director of Zoning and Permitting shall have the authority to issue certificate of appropriateness for improvements that conform to the Preservation Board's preservation guidelines.
(d)
Action by Preservation Board.
[1]
The Preservation Board shall have the authority to issue certificate of appropriateness for improvements that do not conform to the preservation guidelines.
[2]
Within 62 days following the conclusion of the public hearing, the Preservation Board shall render its decision that could include:
[3]
Where a rule of the Preservation Board, adopted pursuant to § 120-185, provides that specified applications shall be directed to a permanent or ad hoc committee of the Preservation Board, such applications shall be referred to such committee rather than to the entire Board. Where a committee is authorized to act, the vote of any two members of the committee shall be required and shall be sufficient to approve or deny a certificate. Such committee shall have a designated chairperson, take minutes of any meeting and report its decisions at the next full Preservation Board meeting.
[4]
Where a committee of the Preservation Board is authorized to act, such committee may, at any time prior to announcing its decision on a certificate of appropriateness, refer the application to the entire Preservation Board for decision. Applications so referred shall be processed as though on appeal to the Board pursuant to this section.
[5]
In passing upon such applications the Board or such committee shall be guided by the purposes for which landmarks and preservation districts are designated and by the particular standards and considerations set forth in this section. The failure of the Board or such committee to act within the specified time frame, or such longer period of time as may be agreed to by the applicant, shall be deemed a denial of the certificate of appropriateness.
[6]
Within 10 business days following the Board's or such committee's action or its failure to act within the specified time frame, the Director of Zoning and Permitting shall mail notice of such action to each of the persons entitled to such notice pursuant to § 120-188. In the event that a certificate is approved, the Director of Zoning and Permitting shall, within such time, issue the certificate, noting thereon any modifications or conditions imposed by the Board or such committee.
(e)
Appeal from committee decision to Preservation Board.
[1]
In any case where a committee of the Preservation Board is authorized to act as provided in this chapter and where an application for a certificate of appropriateness is denied or is approved with conditions that are unacceptable to the applicant, the applicant may appeal the decision of such committee to the entire Preservation Board by filing a notice of such appeal with the Director of Zoning and Permitting within 30 days following the committee's decision. Upon receipt of such notice, the Director of Zoning and Permitting shall forthwith transmit such notice to the Preservation Board together with all papers bearing thereon. Within 30 days following the receipt of such notice, the Preservation Board shall render its decision in the form specified by § 120-185.
(8)
Emergency provisions.
(a)
In any case where a City enforcement agency shall order or direct the construction, removal, alteration or demolition of any improvement which is a landmark or in a preservation district for the purpose of remedying conditions determined to be dangerous to life, health or safety, the Director of Zoning and Permitting shall issue a certificate of appropriateness to permit compliance with such order or direction. The certificate may require that the work not materially change or detract from the exterior appearance of the structure where the danger to life, health or safety may be abated without so changing or detracting from the exterior appearance.
(b)
The Director of Zoning and Permitting shall notify the Chairperson of the Preservation Board within 10 business days of issuance of a certificate of appropriateness for such emergency situations.
(9)
Limitation on certificates of appropriateness. A certificate of appropriateness shall become null and void one year after the date on which it was issued unless a building permit or certificate of zoning compliance is obtained and maintained. Where a violation of this chapter has been cited against the property which is the subject of the certificate of appropriateness, the Board may establish a shorter time limitation based on the nature and severity of the violation, taking into consideration the practical ability of the applicant to correct the violations in light of weather conditions, construction issues or other relevant factors.
(10)
Appeals.
(a)
An appeal of the decision to issue a certificate of appropriateness by the Director of Zoning and Permitting may be appealed to the Preservation Board within 30 days of the decision.
(b)
An appeal from any final decision of the Preservation Board as to any matter regarding the certificate of appropriateness may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
B.
Certificate of economic hardship.
(1)
Authority. The Preservation Board shall have authority to issue certificates of economic hardship in accordance with the provisions of this section.
(2)
Purpose. The certificate of economic hardship is intended to provide a means by which relief may be granted from a certificate of appropriateness decision that creates an economic hardship. The hardship procedure shall be utilized only in conjunction with the denial of a certificate of appropriateness application.
(3)
Certificate of economic hardship standards.
(a)
General. The Preservation Board shall have the power to vary or modify adherence to the standards for a certificate of appropriateness and issue certificates of economic hardship which shall function as a certificate of appropriateness when:
(b)
Demolition. Specifically in the case of a demolition, the applicant is required to show the following:
[1]
That the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
[2]
That the property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return;
[3]
Efforts to find a purchaser interested in acquiring the property and preserving it have failed; and
[4]
That the claimed hardship is not self-imposed or self-created.
(4)
Procedure.
(a)
Application. Application for certificates of economic hardship shall be submitted to the Director of Zoning and Permitting within 30 days following the filing of a certificate of appropriateness decision by the Preservation Board. The application shall contain the following information and documentation:
[1]
Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other.
[2]
Amount paid for the property, the date of purchase and the party from which purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and the buyer.
[3]
Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.
[4]
Any appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property or, if no such appraisal exists, a new appraisal and purposes for which money has/will be expended which the property has been used to secure.
[5]
Any listing of the property within the past two years for sale or rent, price asked and offer received, if any, and sale prices of properties of comparable size and/or construction in a rehabilitated condition.
[6]
If the property is income-producing, the annual gross income from the property for at least the previous two years, itemized income revenue, operating and maintenance expenses for the previous two years, and depreciation deduction and annual cash flow before and after debt service, if any, during the same period.
[7]
Assessed value of the property according to the two most recent assessments and assessment value of comparable property.
[8]
Real estate taxes and other governmental surcharges for the previous two years.
[9]
A report from a licensed engineer or architect with demonstrated experience in rehabilitation of historic structures as to the structural soundness of any structures on the property and their suitability for rehabilitation.
[10]
An appraisal of the market value of the property in its current condition, including estimates of market value after completion of the proposed construction, alteration or removal.
[11]
Cost estimates by three different contractors with demonstrated experience within the last five years in the rehabilitation of historic structures qualified to perform the proposed work as planned and as required.
[12]
In the case of a proposed demolition, an estimate from a licensed architect or engineer, or developer with demonstrated experience within the last five years in rehabilitation of historic structures, as to the economic feasibility of rehabilitation or reuse of the existing structure on the property; such professional may be asked to submit a listing of projects completed within the last five years.
[13]
Any other information considered necessary by the Preservation Board to make a determination on an applicant's claim of economic hardship.
(b)
Public hearing. For all certificates of economic hardship, a public hearing shall be set, advertised and conducted by the Preservation Board in accordance with § 120-188.
(c)
Action by the Preservation Board.
[1]
Within 62 days following the conclusion of the public hearing, the Preservation Board shall tender its decision and shall by written resolution, in the form specified in § 120-188, either:
[2]
The failure of the Preservation Board to act within 62 days, or such longer period of time as may be agreed to by the applicant, shall be deemed a denial of the application. Within 10 business days of such decision or the expiration of such period, the Director of Zoning and Permitting shall mail notice of such decision or failure to act to all parties entitled.
(5)
Limitation on certificates of economic hardship. A certificate of economic hardship shall become null and void six months after the date on which it was issued unless a building permit is obtained and maintained.
(6)
Appeal. An appeal from any final decision of the Preservation Board as to any matter regarding the certificate of economic hardship may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
§ 120-195 Procedures approved by the Zoning Board of Appeals.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240; 12-20-2005 by Ord. No. 2005-394; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 7-19-2011 by Ord. No. 2011-247; 9-19-2012 by Ord. No. 2012-363; 2-21-2017 by Ord. No. 2017-30; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Administrative appeal.
(1)
Authority. The Zoning Board of Appeals shall hear and decide administrative appeals relating to each order, requirement, decision, interpretation or determination by the Director of Zoning and Permitting. In cases of administrative appeals, the Zoning Board of Appeals shall have the same powers and be subject to the same standards and limitations as the Director of Zoning and Permitting with respect to any order, requirement, decision, interpretation or determination being appealed.
(2)
Purpose of an administrative appeal. An administrative appeal provides redress by any person aggrieved or by any officer, department, board or bureau of the City affected by a decision of the Director of Zoning and Permitting.
(3)
Procedure.
(a)
Notice of appeal. A notice of appeal specifying the reasons for the appeal shall be made to the Zoning Board of Appeals within 60 days of each order, requirement, decision, interpretation or determination by the Director of Zoning and Permitting. The Director of Zoning and Permitting shall transmit to the Zoning Board of Appeals one copy of the notice of appeal, together with all papers constituting the record upon which the action appealed from was taken.
(b)
Public hearing. A public hearing shall be set, advertised and conducted by the Zoning Board of Appeals in accordance with § 120-188.
(c)
Action by Zoning Board of Appeals. Within 62 days following the close of the public hearing, the Zoning Board of Appeals shall render a decision on the appeal in the manner and form specified in § 120-186. Such decision may reverse, affirm or modify, in whole or in part, the action appealed and may include such order or determination as, in the opinion of the Zoning Board of Appeals, is proper to be made for the premises. The failure of the Board to act within such 62 days shall be deemed a denial of the appeal. Within 10 business days of such decision, or the expiration of such period, notice of such decision, or failure to act, shall be mailed by the Director of Zoning and Permitting to all parties entitled to such notice, pursuant to § 120-188.
(4)
Right to approve variance in deciding appeals. In any case where the administrative appeal is accompanied by an application for variance, in accordance with § 120-188, the Zoning Board of Appeals shall have the authority to approve, as part of the relief, a variance but only in strict compliance with each provision of said section.
(5)
Conditions and limitations on rights approved by appeal. In any case where this chapter imposes conditions or limitations upon any right, any such right approved by the Zoning Board of Appeals on administrative appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if authorized without the necessity of an appeal.
(6)
Stay of proceedings. An appeal shall stay all proceedings in the furtherance of the action appealed from, unless the Director of Zoning and Permitting certifies to the Board of Appeals after the notice of appeal has been filed with him or her that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Appeals or by the Supreme Court on application, upon reasonable written notice to the Director of Zoning and Permitting and on due cause shown.
(7)
Appeals. An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the administrative appeal may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City in accordance with Article 78 of the New York Civil Practice Law and Rules.
B.
Variance.
(1)
Authority. The Zoning Board of Appeals shall have the authority, in accordance with the procedures hereinafter established, to authorize use, area or other variances within the City. Minor deviations from this chapter may be permitted under the provisions for administrative adjustment pursuant to § 120-191.
(2)
Purpose. The variance procedure is intended to provide a means by which relief may be granted only when no other applicable remedy, pursuant to other provisions of this article, is available.
(3)
Use variances. Use variance shall mean the authorization by the Zoning Board of Appeals for the use of land for a purpose that is otherwise not allowed or is prohibited by the applicable zoning regulations. A use variance is approved subject to specific plans, terms and conditions. Modification of such plans, terms and conditions shall require approval by the Zoning Board of Appeals. The Zoning Board of Appeals shall have the authority to grant use variances to restore structures damaged or destroyed or establish a use of greater intensity as outlined in § 120-191. No use variance shall be approved unless the applicant shall establish that carrying out the strict letter of the provisions of this chapter would create unnecessary hardship. For purposes of this subsection, carrying out the strict letter of a provision of this chapter would cause unnecessary hardship if a variance permitted to be approved by this section would alleviate the hardship and if the applicant establishes the existence of each of the following conditions:
(a)
No reasonable return.
[1]
The subject lot or parcel is not capable of yielding a reasonable return if used for its present use or developed, redeveloped or used for any other use permitted by this chapter (and not prohibited by any other applicable law) in the district in which such lot or parcel is located.
[2]
Such inability to yield a reasonable return must be shown by specific fact, and the unsupported opinion of the owner or those appearing for him or her shall not be accepted as establishing such inability. Proof that the property cannot be used for its highest or best use under the regulations applicable to it or that it could be used more profitably if not subject to such regulations shall not, alone, be sufficient to establish such inability.
(b)
Unique circumstances.
[1]
The aforesaid inability to yield a reasonable return results from unique circumstances peculiar to the subject lot or parcel which do not apply to or affect other lots or parcels in the immediate vicinity that are subject to the same regulations, which amount to more than a mere inconvenience to the owner and which relate to or arise out of the lot or parcel rather than the personal situation of the current owner of the lot or parcel.
[2]
In all cases, proof of such unique circumstances shall include, as one of its elements, proof that the existing uses in the immediate vicinity of the subject lot or parcel are not of such nature and condition as to justify rezoning a reasonable area in the vicinity of the subject property to a classification that would permit the economic use and maintenance of the subject lot or parcel.
(c)
Not self-created. The aforesaid inability to yield a reasonable return is not the result of any action or inaction by the owner or their predecessors in title. Acquisition or improvement of the subject lot or parcel at any time after the enactment of the provision sought to be varied shall raise a rebuttable presumption that the owner's inability to realize a reasonable return is the result of his or her own actions.
(d)
Essential character of area; surrounding uses and facilities. The variance would not result in a use or development on the lot or parcel in question which would be materially detrimental to the public welfare or materially injurious to the enjoyment, use or development of property or improvements permitted in the vicinity; would materially impair an adequate supply of light and air to properties and improvements in the vicinity; would substantially increase congestion in the public streets due to traffic or parking or increase the danger of flood or fire; would unduly tax public utilities and facilities in the area; or would endanger the public health or safety.
(e)
No other remedy. There is no means other than the requested variance by which the hardship can be avoided or remedied to a degree sufficient to permit the economic use of the subject lot or parcel.
(4)
Area variances.
(a)
Area variance shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner that is not permitted by regulations of this chapter related to:
[1]
A dimension, such as size, height and setbacks.
[2]
Physical requirements of this chapter.
[3]
The expansion, structural alteration or enlargement of a legally existing nonconforming use as outlined in § 120-191.
[4]
The waiver of the additional requirements for specified uses for permitted uses set forth in Article XVIII.
[5]
Any City-wide or Village Center design standard, excluding applications requiring a certificate of appropriateness.
(b)
An area variance shall be granted only if the applicant establishes the existence of each of the following conditions:
[1]
Benefits. The benefit to the applicant if the variance is granted outweighs the detriment to the health, safety and welfare of the neighborhood or community by such grant.
[2]
Essential character of the area. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
[3]
No other remedy. The benefit sought by the applicant can not be achieved by some method feasible for the applicant to pursue, other than the area variance.
[4]
Significance. The requested area variance is not substantial.
[5]
Physical and environmental conditions. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
[6]
Not self-created. The alleged difficulty was not self-created, the consideration of which shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
(5)
Prohibited variances. Certain uses, by their nature, may have such an adverse impact on adjoining properties and neighborhoods as to jeopardize the purpose and goals of the zoning district in which the property is located. To protect neighborhoods from the establishment of such uses certain variances shall be absolutely prohibited. No variance shall be approved that would:
(a)
Permit any use or development in a residential district which is not permitted as of right by the use regulations applicable in such district or in any other residential district established by this chapter.
(b)
Allow the conversion of a single-family residential structure in the R-1 District.
(c)
Permit conversion of a single-family residential structure to any nonresidential uses or increase the number of residential units in the R-1 District, except that a variance may be approved to permit the reestablishment of a prior legally established nonconforming use in a residential structure which has been abandoned as a result of vacancy or discontinuance or to permit the conversion of nonresidential floor area to a dwelling unit(s).
(d)
Permit the erection of an advertising sign in any district except where specifically permitted.
(e)
Permit the creation of an undeveloped lot or parcel with no preexisting principal structure(s) that cannot be developed in compliance with the zoning, subdivision and other regulations applicable thereto.
(f)
Permit the establishment of a sexually oriented business that is not permitted in that district.
(g)
Permit the construction of personal wireless telecommunication facilities (PWTF) on landmarks or a telecommunication tower in a preservation district.
(h)
Permit the establishment of an outdoor shooting range in any district.
(6)
Procedure.
(a)
Application. A variance may be sought only after a decision by the Director of Zoning and Permitting to deny a certificate of zoning compliance. An application for a variance may be filed by the owner of, or any other person having a contractual interest in, the subject property.
(b)
Action by Director of Zoning and Permitting.
[1]
Upon receipt of a completed application, the Director of Zoning and Permitting shall determine whether or not the variance requested is an administrative adjustment.
[2]
Upon the receipt of an application for a variance that, if approved, would require the applicant to subsequently obtain a certificate of appropriateness, the Director of Zoning and Permitting shall refer a copy of said application to the Preservation Board for its recommendation.
(c)
Action by the Zoning Board of Appeals.
[1]
In any case where the variance requested is not an administrative adjustment, a public hearing shall be set, advertised and conducted by the Zoning Board of Appeals in accordance with § 120-188.
(d)
Conditions on variances. Specific conditions and safeguards relating to construction, character, location, landscaping, screening and other matters relating to the purposes and objectives of this chapter may be imposed upon the premises benefited by a variance as considered necessary to prevent injurious effects upon other property and improvements in the vicinity or upon public facilities and services. Such conditions shall be expressly set forth in the resolution approving the variance and in the notice informing the applicant thereof and in any zoning permit based thereon. Violation of such conditions and safeguards shall be a violation of this chapter.
(e)
Approval of variance other than requested variance. A variance offering less relief than that requested may be approved when the record supports the applicant's right to some relief but not to the relief requested.
(7)
Modifications to variances. No expansion or modification of a use or its operation that was originally approved by variance shall be permitted. except through the same process as required for initial approval of the variance.
(8)
Effect of variance approval. The approval of a variance shall not authorize the establishment or expansion of any use nor the development, construction, reconstruction, alteration or moving of any building or structure. A variance approval shall merely authorize the preparation, filing, and processing of applications for any permits and approvals which may be required by the codes and ordinances of the City, including but not limited to a permit for a special permit, a certificate of zoning compliance, a certificate of appropriateness, a building permit, a certificate of occupancy and subdivision approval.
(9)
Limitations on variances. A variance shall become null and void one year after the date on which it was issued, unless a building permit or certificate of occupancy is obtained and maintained. Where a violation of this chapter has been cited against the property which is the subject of the variance, the Board may establish a shorter time limitation based on the nature and severity of the violation, taking into consideration the practical ability of the applicant to correct the violations in light of weather conditions, construction issues or other relevant factors.
(10)
Appeal. An appeal from any final decision of the Zoning Board of Appeals as to any matter regarding the variance may be taken within 30 days of the filing of such decision by any person aggrieved or by any authorized officer, department, bureau, board or commission of the City, in accordance with Article 78 of the New York Civil Practice Law and Rules.
§ 120-196 Height.
A.
General height exceptions. The stated maximum height shall not apply to any of the following structures when lawfully existing, permitted or permissible in the district:
(1)
Chimneys, flues, spires and belfries;
(2)
Flagpoles, radio or television antennas, amateur licensed radio antennas, masts or aerials located on a building and extending not more than 20 feet above the roof of such building;
(3)
Elevator or stair bulkheads, provided that such structures do not occupy more than 10% of the roof area;
(4)
Solar energy systems not more than 1/2 story above the roof of such building;
(6)
Observation towers;
(7)
Clock towers.
B.
Airport height limitation. No building, structure or use located at a distance greater than 25,000 feet from the airport location point (ALP) shall extend above an imaginary plane the height of which is 400 feet above the elevation of Rochester - Monroe County Airport Runway 10-28 (541 feet above mean sea level) without the issuance of a special permit pursuant to § 120-192, nor shall any building, structure or use exceed the height limitations established in this article.
§ 120-197 Yards.
The following may be located within any required setbacks, subject to the specific limitations noted:
A.
Open porches within any required setback.
B.
Trees, shrubs, flowers, fences, walls, hedges, and other landscape features may be located within any required setback.
C.
Statuary, arbors and trellises.
D.
Awnings and canopies.
E.
Bicycle parking posts and racks.
F.
Bay windows and balconies projecting not more than 36 inches from an exterior wall for a distance not more than 1/3 of the length of such wall, provided that such projections shall come entirely within planes drawn from the main corners of the building at an interior angle of 22 1/2º with the wall in question.
G.
Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like projecting not more than 18 inches from an exterior wall.
H.
Fire escapes or outside stairways projecting from an exterior wall not more than three feet.
I.
Flagpoles.
J.
Recreational equipment, except in front yards.
K.
Solar collectors.
L.
Rear yard patios and terraces, provided the base area or perimeter of the terrace is finished, landscaped or screened.
[Added 12-20-2005 by Ord. No. 2005-394]
§ 120-198 Purpose.
The purpose of this article is to regulate nonconforming uses, structures, lots and signs as per the following:
A.
The zoning districts established by this chapter are designed to guide the future use of the City's land by encouraging the development of desirable residential, commercial and industrial areas with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety and general welfare.
B.
The continued existence of certain nonconformities is frequently inconsistent with the Comprehensive Plan and thus the gradual elimination of such nonconformities is often desirable. Other nonconformities may continue to exist and afford adaptive reuse opportunities that can contribute to neighborhood character, diversity and services.
C.
The regulations of this article are intended to restrict further investments that would make nonconformities more permanent in their location in inappropriate districts as well as to afford opportunities for creative use and reuse of those other nonconformities that contribute to a neighborhood and are consistent with the goals of the Comprehensive Plan.
D.
Restrictions and standards are established for nonconforming uses of land and of structures designed for a permitted use; nonconforming uses of structures not designed for a permitted use; nonconforming structures; nonconforming lots of record; and nonconforming signs.
E.
In the cases of nonconforming signs, where the degree of incompatibility is frequently great, the investment comparatively small, and the economic life short, elimination of the nonconformity is required after a period of discontinuance, change of business or substantial damage. In the case of advertising signs, a reasonable amortization period is allowed.
§ 120-199 Nonconforming use.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240; 6-16-2009 by Ord. No. 2009-179; 9-19-2012 by Ord. No. 2012-363; 8-9-2016 by Ord. No. 2016-263; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
A.
Continuance. Any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained in this section. Ordinary repair and maintenance or replacement, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed.
B.
Structural alteration or enlargement. No structure containing a nonconforming use shall be structurally altered or enlarged unless the use thereof shall thereafter conform to the regulations of the zoning district in which it is located. No parking, yard, space or bulk nonconformity may be created or increased.
C.
Damage or destruction.
(1)
When a structure is damaged or destroyed by any means not within the control of the owner, to the extent of more than 60% of the cost of replacement of the structure new, the structure shall not be restored unless its use thereafter conforms to the use regulations of the zoning district in which it is located. No parking, yard, space or bulk nonconformity may be created or increased.
(2)
When a structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of 60% or less of the cost of replacement of the structure new, repair or restoration of such structure may be made; provided, however, that:
(3)
In no event shall any damage or destruction to such a structure by any means within the control of the owner be repaired or restored, except in accordance with this section.
(4)
In the event a nonconforming building or use, which is allocated the low-income housing tax credit pursuant to the Internal Revenue Code of 1986, as amended, shall be damaged or destroyed, such nonconforming building or use shall be able to be rebuilt or continued, as applicable, maintaining, but not increasing, any nonconformities relating to parking, yard, space or any other bulk requirements.
D.
Moving. No nonconforming structure, structure containing a nonconforming use or nonconforming use of land shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire nonconforming structure, structure containing a nonconforming use or nonconforming use of land shall conform to all regulations of the zoning district in which the structure or use is located.
E.
Expansion of use. No use shall be expanded, enlarged or increased in intensity. Such prohibited activity shall include, but shall not be limited to:
(1)
Expansion of such use to any structure or land area other than that occupied by such nonconforming use on the effective date of this chapter, or any amendment hereto which causes such use to become nonconforming.
(2)
Expansion of such use within a building or other structure to any portion of the floor area that was not occupied by such nonconforming use on the effective date of this chapter, or any amendment to this chapter which causes such use to become nonconforming. Except a nonconforming use located in a structure not designed for any use permitted in the district in which such structure is located may be extended throughout any part of such structure; provided, however, that such expansion shall not be allowed unless off-street parking and loading spaces required for such expansion can be, and are, provided in accordance with the requirements and restrictions of Article XX of this chapter.
(3)
An extension of the hours of operation of such use beyond the normal or previously approved or permitted hours of operation.
F.
Change in use.
(1)
A nonconforming use in a structure designed for a use permitted in the district in which it is located shall not be changed to any use other than a use permitted in the zoning district in which the property is located.
(2)
A nonconforming use in a structure not designed for a use permitted in the district in which it is located shall not be changed to any use other than a nonconforming use of the same or a more restricted classification and of the same or lesser level of intensity and impact or to a use permitted in the zoning district in which the structure is located.
(3)
Once changed to a permitted use or to a more restrictive and less intensive use in accordance with Subsection F(1) and (2) above, the use shall not be changed back to the prior nonconforming use. The use is deemed changed when an existing nonconforming use is terminated and a new use commences and continues for a period of seven consecutive days, including any change of use in violation of this subsection.
G.
Abandonment or discontinuance.
(1)
When the active operation of all or a portion of a nonconforming use is discontinued or abandoned for a period of nine consecutive months, regardless of any intent to resume or not to abandon the use, the use or portion thereof shall not be reestablished or resumed. The active operation of a use shall be the typical or normal activities associated with the use. In the case of abandonment or discontinuance of all of a nonconforming use, any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such structure is located. In the case of abandonment or discontinuance of a portion of a nonconforming use, the remaining occupied portion of the nonconforming use may continue subject to the provisions of this subsection.
(2)
Any period of discontinuance caused by government actions, strikes, material shortages or forces of nature, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this subsection, except that any period of discontinuance ordered by the City or a court of law because of Municipal Code violations or failure to act shall be included in calculating the length of discontinuance of this subsection.
(3)
Prior to the expiration of a period of abandonment or discontinuance, the owner of any nonconformity may apply to the Director of Zoning and Permitting for a certificate of nonconformity to document the intent to discontinue a nonconforming use for a period in excess of the period of abandonment or discontinuance. Such application shall be based on one or more of the following circumstances and shall include a plan and timetable for reuse or reoccupancy:
(a)
Extensive rehabilitation of property.
(b)
Unique circumstances associated with repairs and alterations on designated landmarks or designated buildings of historic value.
(c)
Transfer of title delays caused by estate or probate issues.
(d)
Delay caused by serious illness or injury of any owner that may warrant special consideration on the basis of personal hardship.
(e)
Current and expected market conditions that impact the ability to reoccupy within the reoccupancy period for built-as nonresidential buildings.
(4)
Upon the expiration of a period of abandonment or discontinuance, the owner of any nonconformity may apply for a certificate of nonconformity, which, upon denial by the Director of Zoning and Permitting, may be appealed to the Zoning Board of Appeals. The Zoning Board of Appeals may extend the period of abandonment or discontinuance if sufficient evidence is provided substantiating that the personal and/or property circumstances set forth in § 120-199G(3) significantly affected the ability to reoccupy the property.
(5)
The owner of any nonconformity may apply to the Director of Zoning and Permitting for a certificate of nonconformity to establish by relevant and credible evidence that the use has not been discontinued or abandoned. For the purpose of this section, the Director of Zoning and Permitting shall consider the following circumstances, which shall not be exclusive, which shall contribute towards evidence of discontinuance or abandonment of a use:
(a)
Failure to maintain regular business hours, typical or normal for the use (past operations of the use and/or industry standards may be used to determine typical or normal hours); or
(b)
Failure to maintain equipment, supplies or stock-in-trade which would be used for the active operation of the use; or
(c)
Failure to maintain utilities which would be used for the active operation of the use; or
(d)
Failure to pay taxes, including but not limited to sales taxes, workers' compensation taxes, corporate taxes, etc., that would be required for the active operation of the use; or
(e)
Failure to maintain required local, state or federal licenses or other approvals that would be required for the active operation of the use.
(6)
The legality of one or more nonconforming uses located within a property shall not affect the determination that another nonconforming use on the same property has been discontinued or abandoned.
H.
Nonconforming accessory uses, structures and signs. No use, structure or sign that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure has been abandoned or removed, unless it shall thereafter conform to all the regulations of the zoning district in which it is located.
I.
Outdoor activities and operations. All business operations and all manufacturing or processing activities other than those conducted by a use that is nonconforming on the effective date of this chapter or which is rendered nonconforming by any amendment to this chapter shall be conducted within a completely enclosed building.
§ 120-200 Nonconforming buildings or structures.
A.
Continuance. Any nonconforming structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in this section.
B.
Enlargement, repair or alterations. Any nonconforming structure may be enlarged, maintained, repaired or altered, provided no additional nonconformity is created nor is the degree of the existing nonconformity increased.
C.
Damage or destruction.
(1)
In the event that any part of a nonconforming structure which contributed to its nonconformity is damaged or destroyed, by any means, to the extent of more than 75% of the cost of replacement of said part new, such part shall not be restored unless it shall thereafter conform to the regulations of the zoning district in which it is located.
(2)
When any part of a nonconforming structure is damaged or destroyed, by any means, to the extent of 75% or less of the cost of replacement of such part new, no repairs or restoration, except in conformity with the applicable zoning district regulations, shall be made unless a certificate of zoning compliance or certificate of nonconformity is obtained and restoration is actually begun within one year after the date of such partial destruction and is diligently pursued to completion.
(3)
In the event a nonconforming structure which is allocated the low-income housing tax credit pursuant to the Internal Revenue Code of 1986, as amended, shall be damaged or destroyed, such nonconforming structure shall be able to be rebuilt or continued, as applicable, maintaining, but not increasing, any nonconformities relating to parking, yard, space or any other bulk requirements.
D.
Moving. No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.
§ 120-201 Nonconforming lots of record.
[Amended 6-17-2003 by Ord. No. 2003-183]
A.
In any district in which single-family dwellings are a permitted use, notwithstanding the regulations imposed by any other provisions of this chapter, a single-family detached dwelling which complies with the yard, space and bulk requirements of the district in which it is located may be erected on a nonconforming lot.
§ 120-202 Nonconforming signs.
A.
Continuance. Subject to the limitations and termination provisions hereinafter set forth, any lawfully existing nonconforming sign may be continued so long as it otherwise remains lawful after the effective date of this chapter.
B.
Alteration, expansion or moving. No nonconforming sign shall be:
C.
Termination of nonconforming signs.
(1)
Termination by abandonment. Any nonconforming sign, the use of which is discontinued for a period of 90 days, regardless of any intent to resume or not to abandon such use, shall be deemed to be abandoned and shall not thereafter be reestablished. Any period of such discontinuance caused by government actions, strikes, material shortages or forces of nature, and without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance for purposes of this subsection.
(2)
Termination by damage or destruction. Any nonconforming sign damaged or destroyed, by any means, to the extent of 35% of its replacement cost new shall not be restored but shall be terminated.
(3)
Termination by change of business. Any nonconforming sign advertising or relating to a business on the premises on which it is located shall be terminated upon any change of such business necessitating any change in the sign.
§ 120-203 Penalties.
Violations of this chapter may be enforced pursuant to Chapter 52 of the Rochester Municipal Code, and violators shall be subject to the penalties set forth in this chapter.
§ 120-204 Code compliance required.
The commencement or continuation of any activity regulated by this chapter that is not in compliance with the express provisions of this chapter, or that is not in compliance with the express provisions of any permit or approval, including any attached findings or conditions, shall be a violation of this chapter and subject to enforcement under the terms of this article and New York Law.
§ 120-205 Enforcement responsibility.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170; 6-17-2025 by Ord. No. 2025-209]
The responsibility for the enforcement of this chapter is delegated to the Director of Zoning and Permitting, or a designee, or as otherwise designated in the City Charter or the Rochester Municipal Code.
§ 120-206 Continuing violations.
Pursuant to the procedures in Chapter 52, the following shall apply:
A.
Whenever a ticket or summons of such violation of this chapter has been served, each day the offender continues such violation after such notification shall constitute a separate offense punishable by a like fine or penalty.[1]
[1]
Editor's Note: Former Subsection B, concerning when additional tickets will not be issued, as amended 6-16-2009 by Ord. No. 2009-179, which immediately followed this subsection, was repealed 9-21-2010 by Ord. No. 2010-323.
§ 120-206.1 Fee schedule.
A.
The following fees shall be charged upon application for the following actions:
[Amended 9-21-2010 by Ord. No. 2010-323]
Action | Code | Fee | |
|---|---|---|---|
Official Map amendment | |||
Planning Commission | § 120-190 | $200 | |
City Council | § 120-190 | $200 | |
Department of Environmental Services | Ch. 76 | $100 | |
Street abandonment | |||
Planning Commission | § 120-190 | $200 | |
City Council | § 120-190 | $200 | |
Department of Environmental Services | Ch. 76 | $200 | |
Amendment (Zoning Map and text and amendments to existing IPDs and PDs) | |||
Planning Commission | § 120-190 | $200 | |
City Council | § 120-190 | $200 | |
Planned development | § 120-190 | $750 | |
Cluster development | § 120-192 | $250 | |
Special permit | § 120-192 | $250 | |
Site plan review | |||
Minor | § 120-191 | $250 | |
Major | § 120-191 | $500 | |
Variance: use, area and Official Map | § 120-195 | $250 | |
Administrative adjustment | § 120-191 | $100 | |
Interpretation | § 120-191 | $100 | |
Administrative appeal | § 120-195 | $100 | |
Landmark designation | |||
Rochester Preservation Board | § 120-193 | $100 | |
City Planning Commission | § 120-193 | $100 | |
Certificate of appropriateness | § 120-194 | $100 | |
Certificate of zoning compliance (when no permit is required) | § 120-189 | $50 | |
Certificate of nonconformity | § 120-191 | $150 | |
Special approval extensions, per year (in cases of one or more approvals associated with a specific project, a single extension fee shall include all related approvals) | -- | $100 | |
Minor subdivision approval (administrative action only) | Ch. 128 | $50 | |
Subdivision approval | Ch. 128 | $200 | |
B.
The sum of $50 shall constitute a nonrefundable application fee. Upon written request by the applicant and for good cause, an applicant who withdraws an application prior to the issuance of a decision or findings may request a refund from the Commissioner. If a withdrawal request is made within one week of the application, a refund shall be limited to any portion of the fee paid in excess of $50. If a withdrawal request is made at least one week but not more than two weeks after the application, a refund shall be limited to any portion of the application fee paid in excess of $50, or 75% of the application fee paid, whichever is less. If a withdrawal request is made more than two weeks after the application, a refund shall be limited to any portion of the application fee paid in excess of $50, or 50% of the application fee paid, whichever is less. A refund request must be made within one month of submission of an application.
§ 120-207 Word usage and interpretation.
A.
In the interpretation of this chapter, the provisions and rules of this chapter shall be observed and applied, except when the context clearly requires otherwise.
(1)
Words in the present tense include the future;
(2)
Words in the singular include the plural, and the plural the singular;
(3)
The word "shall" is intended to be mandatory;
(4)
The word "lot" shall include the word "plot" or "parcel";
(5)
The word "person" shall include an individual, firm or corporation;
(6)
A building or structure includes any part thereof;
(7)
The word "and" indicates that all connected items, conditions, provisions or events shall apply;
(8)
The word "or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination;
(9)
The words "either...or" indicate that the connected items, conditions, provisions or events may apply singly but not in any combination.
(10)
The word "City" means the City of Rochester, New York.
(11)
The word "county" means the County of Monroe, New York.
(12)
Any use of the gender-specific words (his, hers, him, her) shall imply both genders.
B.
In case of any difference of meaning or implication between the text of this chapter and any caption, illustration or table, the text shall control.
§ 120-208 Definitions.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240; 6-14-2005 by Ord. No. 2005-161; 12-20-2005 by Ord. No. 2005-394; 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 7-19-2011 by Ord. No. 2011-247; 11-15-2011 by Ord. No. 2011-349; 9-19-2012 by Ord. No. 2012-363; 4-23-2014 by Ord. No. 2014-84; 7-14-2015 by Ord. No. 2015-228; 9-16-2015 by Ord. No. 2015-295; 9-16-2015 by Ord. No. 2015-297; 11-17-2015 by Ord. No. 2015-355; 8-9-2016 by Ord. No. 2016-263; 6-20-2017 by Ord. No. 2017-170; 9-19-2017 by Ord. No. 2017-299; 8-21-2018 by Ord. No. 2018-260; 11-12-2019 by Ord. No. 2019-325; 11-3-2022 by Ord. No. 2022-322; 6-17-2025 by Ord. No. 2025-209]
When used in this chapter, the following terms shall have the meanings herein ascribed to them. Where any definition is divided into classifications or categories of activities or uses, each classification or category shall be considered a different activity or use requiring separate application of the provisions of this chapter. No part of any definition shall be varied.
An accessory use or structure that:
Is subordinate to and serves a principal building or a principal use; and
Is subordinate in area, extent and purpose to the principal structure or principal use served; and
Contributes to the comfort, convenience or necessity of the occupants, business or industry in the principal structure or principal use served; and
Is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.
Having a common boundary or edge; abutting; touching.
Any business enterprise that offers or maintains one or more adult video viewing booths.
Any business enterprise which regularly features or offers to the public, customers or members, performances by persons who appear nude or seminude or live performances that are characterized by their emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
Any business enterprise which regularly features or offers to the public the presentation of motion-picture films, movies or sound recordings which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities and which are presented to a common audience of more than five persons in an enclosed common area or are presented in a common area of more than 150 square feet.
A business enterprise that meets any of the following tests:
Offers for sale sexually oriented toys and novelties, except a business enterprise which devotes less than 10% of its stock-in-trade and sales and display area to sexually oriented materials, with all sexually oriented toys and novelties separated from other sales and display areas by an opaque wall at least eight feet in height with a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter the area;
Devotes more than 10% of its stock-in-trade or sales and display area to sexually oriented materials without having all sexually oriented materials separated from other sales and display areas by an opaque wall at least eight feet in height with a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter the area;
Devotes more than 40% of its stock-in-trade or sales and display area to sexually oriented materials; or
Advertises or holds itself out in signage visible from the public right-of-way as "X...," "adult," "sex" or otherwise as a sexually oriented business.
Any business enterprise which offers for sale or rental sexually oriented materials and which devotes at least 10% and not more than 40% of its stock-in-trade or sales and display area to sexually oriented materials, provided that:
All sexually oriented materials are separated from other sales and display areas by an opaque wall at least eight feet in height with a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter the area; and
The business enterprise does not advertise or hold itself out in signage visible from the public right-of-way as "X...," "adult," "sex" or otherwise as a sexually oriented business.
Coin- or slug-operated, or electronically or mechanically controlled, still- or motion-picture machines, projectors or other image-producing devices which present visual or audio material of any kind which is characterized by its emphasis on the description or depiction of specified anatomical areas or specified sexual activities and which are designed to be viewed by five or fewer persons per machine at any one time or are located in a room or booth of less than 150 square feet. No part of this definition shall be construed to permit more than one person to occupy an adult video viewing booth at any time.
The production of crops, plants, vines or trees (excluding forestry operations).
A thoroughfare not more than 20 feet wide which affords only a secondary means of access to abutting property.
The premises, including a theater, hall, auditorium, tent, structure, building or enclosure of any type, yard, or lot, on or within which are offered or operated four or more amusement games, whether or not they are the principal use of the property, or where the operation of any number of amusement games is the sole use of the property. This definition shall not include such premises in which jukeboxes are the only type of amusement game.
Any mechanical or electronic device used or designed to be operated for entertainment or as a game by the insertion of a coin or slug or payment in consideration of any type or by any means and shall include the type of mechanical or electronic devices commonly known as baseball, radio, target gun or similar target, football, pinball, pool table, snooker table, foosball, television-screen-type or video games and jukeboxes. The above enumeration shall not be deemed to be exclusive. This definition does not include any device the possessing or use of which is prohibited by law.
See "specified anatomical areas."
A facility that cares for pet animals for less than 12 consecutive hours in the absence of the owner or a facility that cares for pet animals in training with or without the owner receiving compensation for such services.
A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include, but not be limited to, cellular, paging, personal communications services and microwave communications.
A structure other than a telecommunications tower which is attached to a building and on which transmitting and/or receiving antennas are located.
A room or suite of rooms used as a single dwelling unit, located in a building in which there are one or more such rooms or suites other than a detached single-family dwelling.
A roadway used primarily for through traffic and so designated on the thoroughfare plan of the Comprehensive Plan of the City of Rochester.
See "dwelling, attached."
Any device or object visible from any public street which is primarily designed to attract the attention of the public to a business(s), institution, sign, or activity through such means, including but not limited to illumination, color, size or location. Attention-attracting devices or objects may incorporate illumination, which may be stationary, moving, turning, blinking (including animation) or flashing. Attention-getting devices or objects may or may not convey a message. Such objects or devices may include, but are not limited to, search lights, beacons, strobe lights, strings of lights, barber poles, internally illuminated translucent canopies or panels, electronically controlled message boards (time/temperature signs, gas price signs, public service announcements, etc.), banners, streamers, pennants, propellers and inflatable objects (including strings of balloons) or other device/objects designed to attract attention. Approved traffic control devices are not considered to be attention-attracting devices for purposes of this definition.
A permanent overhanging shelter which projects from the face of a building.
A building or any portion of a building in which space can be used for banquets, parties, receptions and the like. Buildings or spaces used primarily for ticketed entertainment events shall not be considered a banquet facility.
An establishment used primarily for the dispensing or sale of alcoholic beverages by the drink for on-site consumption.
The hours during which premises licensed by the State Liquor Authority to sell alcoholic beverages at retail for on-premises consumption in Monroe County are allowed to operate in accordance with NYS Alcoholic Beverage Control Law § 106.
The one-hundred-year flood, that is, the flood having a one-percent chance of being equaled or exceeded in any given year.
The highest elevation of water during the base flood. Base flood levels throughout the City are listed in the most current publication of the Flood Insurance Study, City of Rochester, New York, Monroe County, Federal Insurance Administration, United States Department of Housing and Urban Development.
That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
An owner-occupied and -operated dwelling originally designed as a residential structure where limited overnight lodging and a breakfast are provided for compensation to tourist or recreational guests.
A roof designed to store water and discharge rainfall.
A sloping platform, ramp, walkway or driveway for launching small pleasure craft into the water.
Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property.
The International Building Code and Chapter 39 of the Rochester Municipal Code.
The face of a building that abuts or is parallel to or generally parallel to a lot line abutting a street.
The vertical distance measured from grade to the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
A building in which the main or principal use of the lot is conducted on which said building is situated.
Premises used for the cultivation, processing, distribution, delivery, retail sale, or on-site consumption of cannabis in a manner that requires a license under the NYS Cannabis Law.
A permanent shelter, lit in whole or in part, which is constructed with a rigid frame that cannot be retracted, folded or collapsed and whose primary function is to cover and protect users of the accessory uses and structures on a site.
An open-sided, roofed vehicle shelter, typically attached on one side to a building, but may be freestanding, and is an accessory use to a permitted principal use.
Any building or premises, or portion thereof, the use of which is devoted to the business of washing automobiles for a fee, whether by automated cleaning devices or otherwise.
That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
A transition to a use that is different, in terms of specific use type, than the use it replaces. Not included are changes in occupancy involving the same specific use or reductions in the number of dwelling units in a multiple family dwelling where there is not an increase in floor area, extension of use or addition.
The office of five or more licensed health care professionals, including but not limited to physicians, dentists, physicians' assistants, radiologists and nurses, for the treatment of persons on an outpatient basis only.
A roadway used primarily for collecting traffic from local streets and channeling it to arterial streets and so designated on the thoroughfare plan of the Comprehensive Plan of the City of Rochester.
A building, the principal use of which is a commercial use.
Materials stored, warehoused, exchanged, used, consumed, assembled, repaired, salvaged, manufactured, generated, displayed, offered for sale, or discarded at a commercial or industrial use facility, including, but not limited to, raw materials, equipment, parts, merchandise, construction materials, by-products, regardless of whether they are intended to be used, salvaged, or discarded.
All trucks, vans, construction equipment and limousines, bearing commercial license plates and vehicles with a gross vehicle weight, as defined by the manufacturer, that is in excess of four tons.
An automated or nonautomated container which is covered and made of durable, incombustible, rustproof and waterproof construction, which is used to store aluminum cans, glass, plastic bottles, bait, ice, beverages and the like that are removed for a fee or which produces food for public consumption.
A building or structure and related facilities operated by a community-based group, government agency or organization on a nonprofit basis, the primary function of which is the provision of personal and other services to individuals, families and groups. Services may include information, socializing, recreation, education, culture and counseling but shall exclude the provision of sleeping quarters, except for one caretaker dwelling unit to be used for security and maintenance purposes. "Community center" does not include centers for the distribution of food, clothing or household goods, health care facilities, job training centers and sheltered workshops.
See "garage or parking lot, community."
A building separated on all sides from the adjacent open area, or from other buildings or structures, by a permanent roof and by exterior walls or party walls, pierced only by windows or doors normally provided for the accommodation of persons, goods or vehicles. However, a parking structure which has less than 50% of its outer wall space open shall be considered a completely enclosed building. All operations of a completely enclosed building shall be conducted with doors and windows closed, except for access, loading and unloading.
An outdoor area used for the storage of equipment and/or materials used for construction, building trades, landscaping services or maintenance, including but not limited to building construction or renovation, heating, plumbing, roofing, landscaping and excavation.
See "rectory."
See "lot, corner."
Open space, other than a yard, unoccupied except by obstructions permitted in yards by the definition of "yard" in this section, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
Any court other than an outer court.
A court which extends to and opens for its full width on a street, a permanent public open space or a required yard at least 20 feet wide.
See "lot coverage."
Daytime care or instruction of three or more persons away from their own homes for more than three but less than 24 hours per day, by an individual, association, corporation, institution or agency, whether or not for compensation or reward.
Any establishment caring for children or adults that is not considered a family day-care home, group family day-care home or family adult day-care home. No day-care center shall be established without prior licensing, and every special permit for a day-care center shall be conditioned upon the licensing, certification or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed center.
A program licensed pursuant to § 390 of New York State Social Service Law caring for children for more than three hours per day per child in which child day care is provided in a family home for three to six children. A family day-care provider may, however, care for seven or eight children at any one time if no more than six of the children are less than school age and the school-aged children receive care primarily before or after the period such children are ordinarily in school, during school lunch periods, on school holidays, or during those periods of the year in which school is not in session, in accordance with the regulations of the Department of Social Services, and the Department of Social Services inspects such home to determine whether the provider can care adequately for seven or eight children.
A program caring for adults for more than three hours per day per person in which day care is provided in a family home for three to six adults.
A program licensed pursuant to § 390 of New York State Social Services Law and caring for children for more than three hours per day per child in which child day care is provided in a family home for seven to 10 children of all ages, or up to 12 children where all of such children are over two years of age, except for those programs operating as a family day-care home which care for seven or eight children. A group family day-care provider may provide child day-care services to two additional children if such additional children are of school age and such children receive services only before or after the period such children are ordinarily in school or during school lunch periods, or school holidays, or during those periods of the year in which school is not in session.
See "nursery school."
An uncovered, attached or freestanding, structure built on supports, which is more than 18 inches above grade.
See "lot, depth of."
A building that is listed in the City of Rochester's Historic Resources Survey that includes properties on the National Register or which are contributing properties in a national or local historic district as filed in the City Clerk's office.
Any change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling.
The Director of Zoning and Permitting of the City of Rochester, or his or her designee.
A combination of an antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; a low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and a coaxial cable whose purpose is to carry the signals into the interior of the building.
The height of the antenna or dish measured vertically from the highest point of the antenna or dish, when positioned for operation, to the bottom of the base which supports the antenna.
A portion of the City of Rochester within which certain regulations and requirements or various combinations thereof apply pursuant to the provisions of this chapter.
See "lot, double-frontage."
The removal of surface or subsurface water from a given area either by gravity or by pumping. The term is commonly applied to surface and ground water.
The principal or accessory use which, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product directly while remaining in a motor vehicle, and may include drive-in outdoor theaters, fast-food establishments, banks and similar uses.
The private access delineated through pavement, gravel or other surface from a public right-of-way to a side or rear yard parking space or garage. The width of the driveway shall not exceed 10 feet in the front yard of the dwelling.
Any building or structure, or part thereof, used and occupied for human habitation, or intended to be so used, and includes any appurtenances belonging thereto.
A row of two or more adjoining dwelling units each on their own lot, each of which is separated from the others by one or more unpierced walls extending from ground to roof.
A dwelling designed for or occupied by more than two families.
A dwelling designed for and occupied by not more than one family and surrounded by open space or yards and having no roof, wall or floor in common with any other dwelling unit.
A dwelling designed for and occupied by not more than two families in separate dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall.
One room, or a group of rooms joined to each other, located in a dwelling, designed and maintained as unified living quarters, occupied by a family, containing integrated facilities used for living, sleeping, cooking, eating and sanitation. Dwelling units must contain at least one room with a minimum area of 150 square feet, with a minimum horizontal dimension of 10 feet.
The rebuilding or remodeling of, addition to, alteration, expansion, enlargement or conversion in any manner of an existing building to increase the number of dwelling units contained therein.
Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
An electric vehicle charging station. also called "EV charging station," "electric recharging point," "charging point" and "EVSE (electric vehicle supply equipment)," is infrastructure that supplies electric energy for the recharging of plug-in electric vehicles, including all-electric cars, neighborhood electric vehicles and plug-in hybrids.
An addition to the floor area of an existing building or an increase in the size of any other existing structure.
Prerecorded music played as a matter of routine and completely secondary to the principal use of a nonresidential establishment, which is not audible beyond the property line of the establishment premises between the hours of 10:00 p.m. and 8:00 a.m. and not audible at a distance of 50 feet beyond such property line between the hours of 8:00 a.m. and 10:00 p.m.
Any live or recorded entertainment or music other than background entertainment, including but not limited to karaoke, that is completely secondary to the principal use and that meets the following criteria:
The entertainment or music must be accessory to the principal use and may not in any way constitute the primary function of the operation.
The specific type of entertainment or music must be listed on the limited entertainment center license that is issued pursuant to Chapter 29, Amusements and Entertainment, of the Municipal Code.
There will be only one performer or performance group.
No dedicated stage nor dance area will be provided, nor will any permanent or temporary change to the approved floor plan be made to accommodate the use. For purposes of this section, "approved floor plan" is defined as the floor plan, seating plan, or other drawings and information that served as the basis for the establishment's latest building permit and maximum occupancy determinations issued pursuant to Chapter 39, Building Code, of the Municipal Code.
No cover charge or fee will be collected.
The entertainment or music must end no later than one hour prior to closing time.
Any theatrical or musical performance, concert, athletic contest or game, exhibition, or show, including a disc jockey or a dedicated dance floor, which is offered, operated, presented or exhibited to the public. This definition does not include municipal or school auditoriums, athletic fields, playgrounds, or public parks, limited entertainment or background entertainment.
A person who, for consideration as part of a business enterprise, agrees, offers to, or models lingerie, performs a striptease, or performs nude or seminude for another person at a location other than a sexually oriented business.
A person or business enterprise that furnishes, offers to furnish, or advertises to furnish, for consideration, escorts who perform any escort services in the City. An escort agency that advertises or holds itself out in signage visible from the public right-of-way as "X...," "adult", or "sex" shall be considered an adult retail store.
An increase in the amount of existing floor area used for an existing use within an existing building.
Any wall which defines the exterior boundaries of a building or its courts or of a structure.
Persons occupying a dwelling unit and living together as a family unit. It shall be presumptive evidence that more than four persons living in a single dwelling unit who are not related by blood, marriage, domestic partnership or legal adoption do not constitute the family unit.
In determining whether individuals are living together as a family unit, the following criteria must be present:
The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;
The group shares expenses for food, rent or ownership costs, utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency and stability may include:
The presence of minor dependent children regularly residing in the household who are enrolled in a local school;
Members of the household having the same address for the purposes of voter registration, driver's license, motor vehicle registration and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;
Common ownership of the furniture and appliances among the members of the household; and
The group is not transient or temporary in nature;
Any other factor reasonably related to whether or not the group is the functional equivalent of a family.
A fraternity or sorority will not be considered the functional equivalent of a family.
See "day-care home, family adult."
See "day-care home, family."
Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision or other entity.
A site, either indoors or outdoors, where individual stalls or spaces are provided on a short-term basis for vendors to display, buy, sell, exchange, or deal in new or used goods.
A general or temporary condition of partial or complete inundation of normally dry land areas caused by overflow of inland or tidal waters or the rapid accumulation or runoff of surface waters from any source.
The most current official map for the City which is prepared by the Federal Emergency Management Agency as part of the Flood Insurance Study. The FBFM delineates the regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
The most current official map for the City on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones in the City.
The most current official report for the City in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Boundary and Floodway Map and the water surface elevation of the base flood, titled "Flood Insurance Study, City of Rochester, New York, Monroe County."
The regulatory floodway.
The sum of the gross horizontal areas of the several floors of a building, measured from the interior face of exterior walls or interior face of common walls. The floor area of a building shall include basement floor area.
The floor area of a building, but excluding stairwells and elevator shafts at each floor; floors or parts of floors devoted exclusively to vehicular parking or loading; and all floors below the first or ground floor except when used for or intended to be used for service to the public as customers, patrons, clients, patients or tenants.
The gross floor area of the building or buildings on any lot divided by the lot area of such lot.
See "retail sales and services."
A unit of illumination, technically, the illumination at all points one foot distant from a uniform point source of one candle power.
A dwelling unit maintained exclusively for members affiliated with an academic or professional college, university or other recognized institution of higher learning.
All the property fronting on one or both sides of a street, measured along such street, between an intersecting or intercepting street and another intersecting or intercepting street, a right-of-way in excess of 30 feet, an end of a dead-end street, a river, a lake or a City boundary.
See "lot line, front."
See "yard, front."
A parking deck or any building, or part thereof, used or intended to be used for the parking and storage of vehicles at one or more levels.
A garage or parking lot which is ancillary to a principal use not situated on the same parcel as such garage or lot, which is not operated as a separate commercial enterprise available to the public at large.
A garage or parking lot used exclusively for the parking and storage of vehicles owned or operated by residents of nearby dwelling units and their guests, which is not operated as a commercial enterprise available to the public at large and which is owned or operated cooperatively by such residents or by the City of Rochester.
A garage or parking lot owned or operated by the City of Rochester or other governmental entity and used primarily for the parking and storage of vehicles owned by the general public.
A building, or portion thereof, other than a municipal or community garage, used primarily for the parking and storage of vehicles.
All putrescible animal and vegetable waste resulting from growing, processing, marketing, and preparation of food items, including container in which packaged.
The elevation of the center line of the streets as officially established by the City Engineering Department.
For completed surfaces of lawns, walks and roads:
For buildings and structures more than five feet from any street line, the average level of the finished surface adjacent to the building or structure.
For buildings or structures any portion of which is located within five feet of a street line or lines, the center line of the streets as officially established by the City Engineering Department.
A roof partially or completely covered with vegetation and a growing medium, typically planted over such layers as a waterproofing membrane, root barrier, and drainage and irrigation systems.
See "lot coverage."
See "day-care home, group family."
Floor area in a habitable room having a clear floor-to-ceiling height of not less than 7 1/2 feet over an area having no horizontal dimension of less than seven feet, except that, in one- and two-family dwellings having sloping roofs, the minimum ceiling height shall be 7 1/2 feet for at least 50% of the habitable floor area. Any area where the height is less than five feet shall not be considered "habitable floor area.”
Any room or enclosed space used or intended to be used for sleeping, living, cooking or dining purposes, excluding such enclosed places as utility rooms, closets, pantries, bath or toilet rooms, hallways, cellars, storage spaces, garages and similar spaces. Dwelling units must contain at least one room with a minimum area of 150 square feet, with a minimum horizontal dimension of seven feet. Other habitable rooms, except kitchens, shall have a habitable floor area of 70 square feet.
That portion of an historic site which memorializes an event or person of historical importance.
A parcel of land which marks or is associated with some event or person of historical importance.
Signs in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday. Any other provision of this section to the contrary notwithstanding, such signs may be of any type, number, area, height, location, illumination or animation.
A residential facility operated by a provider, other than a residential care facility, which provides temporary accommodations to more than four homeless persons in a non-dormitory-style setting. For the purpose of this definition, "provider" shall mean a government agency or private nonprofit organization which provides, or contracts with recognized community organizations to provide, emergency or temporary shelter for the homeless. The homeless residential facility shall operate 24 hours a day, seven days a week. Twenty-four-hour supervision shall be required for homeless residential facilities.
A residential facility operated by a provider, other than a residential care facility, which provides temporary accommodations to homeless persons and/or families in a dormitory-style setting. For the purpose of this definition, "provider" shall mean a government agency or private nonprofit organization which provides, or contracts with recognized community organizations to provide, emergency or temporary shelter for the homeless. The shelter shall operate less than 24 hours a day, seven days a week. Supervision shall be required for homeless shelters during operating hours.
A business, profession, occupation or trade and conducted for gain or support entirely within a residential building, or a structure accessory thereto by, which is incidental and secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building, lot or neighborhood and which is owned and operated by a resident of such building or dwelling. Not more than one person who is not a member of the family residing on the premises shall be employed and then only as a clerical assistant. No alteration of the principal residential building shall be made which changes the character and appearance thereof as a dwelling. The home occupation shall be conducted entirely within the principal dwelling unit or in a permitted private garage accessory thereto, and in no event shall such use be apparent from any public way.
One main building, or portion thereof, in which terminally ill persons live in order to receive appropriate Medicare-certified hospice services.
One or more buildings containing rooming unit(s) with private bathrooms and with or without cooking facilities in which temporary lodging is offered to the public for compensation. Hotels shall include an area for the registration of guests and daily housekeeping provided by the management. Hotels may provide amenities such as restaurants, meeting rooms, swimming pools and exercise facilities to guests and the general public.
The hours specified in this chapter which allow businesses to be open to the public as well as loading, unloading and other service operations related to the business. The presence of an owner or operator within a building preparing for a business day is not considered to be an operational function.
A surface that prevents infiltration of water into the soil, including but not limited to asphalt; concrete; packed gravel or crusher run; and bricks, stones, or unit pavers set in or laid on top of mortar or concrete.
Noise that contains clearly audible impulses. Impulse noise that typically comes from hammering, pneumatic blasting, objects striking each other, doors banging, etc., in connection with workshop activities, material handling, loading and unloading and the like is included.
A meeting held by the Division of Zoning with interested parties to discuss an application and receive comments.
Any household appliance, or parts thereof, including, but not limited to, a stove, washing machine, dryer, dishwasher, freezer refrigerator, air conditioner, water heater, or television, electronic equipment and parts thereof, including but not limited to computers, copiers, fax machines and printers, which is placed outside of any residence or structure.
Furniture that is abandoned, discarded or damaged to an extent that renders it unsuitable for its ordinary and customary use, including, but not limited to, sofas, upholstered and unupholstered chairs, mattresses, bed frames, desks, tables, and chests of drawers.
Worn-out or discarded material of little or no value which is no longer intended or in condition for ordinary and customary use.
Any property or place where nonputrescible junk or salvage materials are bought, exchanged, collected, received, stored, accumulated, sold or otherwise transferred, other than wholly within an enclosed building. In addition, a junkyard shall include property used for the storage of impounded, abandoned, partially dismantled, obsolete or wrecked automobiles, other than wholly within an enclosed building.
Any commercial building or lot on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold. This definition shall include temporary housing of such animals for periods over four hours but shall not include private residences where the animals are owned by the occupant.
Any City-designated structure, improvement, landscape feature or cultural site that by its architectural or historic merit or impact is worthy of special recognition and preservation.
Facilities engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. "Light industrial" includes the growing and processing of agricultural, hydroponic or aquaponic products, not including any livestock, which are conducted solely within a building or group of buildings. Light industrial uses will generate minimal truck trips, visual emissions, noise, odors or vibrations and have minimal visual impact on an area.
See "adult retail store, limited."
The hours during which premises licensed by the State Liquor Authority to sell liquor and/or wine for off-premises consumption are allowed to be open pursuant to NYS Alcoholic Beverage Control Law § 105.
Any dwelling used for both employment and living space by a resident for such activities as studios for artists, crafters, photographers, composers, writers and the like. The predominant use of a live-work unit is residential, and commercial activity is a secondary use.
An unobstructed, hard-surfaced area, no part of which is located in any street or public right-of-way and the principal use of which is for the standing, loading or unloading of trucks and trailers.
A roadway used primarily for providing access to abutting property, not designed for through traffic, and so designated on the thoroughfare plan of the Comprehensive Plan of the City of Rochester.
A tract of land under single ownership and occupied by, or designated to be developed for, a building and its accessory buildings, or a principal use, together with such open spaces and yards as are designed and arranged, or required under this chapter, to be used with such buildings or use. Every lot shall have access in accordance with the provisions this chapter.
The total horizontal area included within lot lines.
That portion of the lot area required by the applicable provisions of this chapter for each dwelling unit located on a lot.
That portion of the lot area required by the applicable provisions of this chapter for each room located on a lot.
A lot abutting two intersecting streets, where the interior angle of intersection does not exceed 135º. The yards adjacent to both public or private streets shall be considered front yards when determining appropriate setbacks.
The percentage of a lot area occupied by the ground area of buildings over 144 square feet and impervious surfaces.
The mean horizontal distance between the front and the rear lot lines.
A lot having frontage on two nonintersecting streets.
The unbroken length of the front lot line which is contiguous to a public street or private road.
A lot other than a corner lot.
In the case of an interior lot abutting only one street, the line separating such lot from such street; in the case of a double-frontage 1ot, each line seperating such line from a street shall be considered the "front lot line." In the case of a corner lot, the shorter lot line separating such lot from a street shall be considered the "front lot line."
That lot line which is parallel to and most distant from the front lot line of the lot; provided, however, that in the case of an irregular, triangular or gore-shaped lot, a line 10 feet in length, entirely within the lot, parallel to, and at the maximum possible distance from, the front lot line shall be considered to be the rear lot line.
The lines bounding a lot.
Any lot line other than a front or rear lot line.
The smallest lot on which a particular use or structure may be located in a particular district.
A parcel of land that is a lot in a subdivision recorded on the records of the Recorder of Deeds of Monroe County, New York, or that is described by a metes and bounds description which has been so recorded.
The horizontal distance between side lot lines measured at the required front yard setback line; provided, however, that lot width measured along the front lot line shall not be less than 80% of the required minimum lot width.
The lowest level of a building, including a basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
The Manager of Plan Review for the City of Rochester.
Any factory, shop, yard warehouse, mill or other nonresidential premises utilized in whole or in part for the processing, preparation, production, cultivation, containerizing, storage or distribution of goods, wares, commodities, parts, materials, electricity and the like, and includes agricultural, hydroponic and aquaponic activities not involving livestock when conducted solely within a building or group of buildings. The processing, preparation and production activities customarily deal with man-made, manufactured or raw materials and other manufactured items which are altered, restored or improved by the utilization of biological, chemical or physical actions, tools, instruments, machines or other such similar natural, scientific or technological means. "Manufacturing" shall also include the handling of any waste products and materials. Manufacturing processes and treatments include but are not limited to such operations as mixing, crushing, cutting, grinding and polishing; casting, molding and stamping; alloying and refining; assaying, cleaning, coating and printing; and assembling and finishing.
Small boat harbor or boat basin providing dockage, supplies and services for small pleasure craft.
Any permanent, roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building without additional supports; unlike a canopy, a marquee generally has more than one foot of vertical or wall space between the bottom of it (which serves as an outdoor cover) and the top of it (which serves as a roof).
A business enterprise offering massage conducted by persons engaged in the practice of medicine, nursing, osteopathy, physiotherapy, chiropractic, podiatry or massage therapy for which they are licensed by the State of New York, or persons under the direct supervision and control of such licensed persons.
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on the City's Flood Insurance Rate Map are referenced.
See "lot, minimum area of."
A development or redevelopment that allows for more dense development in a single building or on a single lot and includes a mixture of uses, including but not limited to two or more of the following: residential, commercial and industrial.
A building or group of buildings in which lodging is provided for compensation for primarily automobile transients and which has individual entrances from the outside of the building for at least 25% of the dwelling or rooming units located therein.
See "dwelling, multifamily."
See "garage or parking lot, municipal."
An institution, building, room or specified indoor or outdoor area for preserving, exhibiting, demonstrating or interpreting art, history, culture or nature or scientific objects or ideas.
Structures for which the start of construction commences on or after the effective date of the applicable sections of this chapter.
Any building or structure, other than a sign, lawfully existing on the effective date of this chapter, or any modification to it rendering such building or structure nonconforming, which:
Does not comply with all of the regulations of this chapter, or any amendment of this chapter, governing parking, space and bulk requirements for the zoning district in which such building or structure is located; or
Is located on a lot which does not, or is so located on a lot as not to, comply with the yard requirements for the zoning district in which such building or structure is located; or
Is a residential structure originally built as a two-family, attached or multifamily dwelling or is the residential built-as portion of a mixed-use building in an R-1 District; or
Is a built-as multifamily dwelling or the residential portion of a mixed-use building in an R-2 District; or
Is the residential portion of a mixed-use building in an R-3 District; or
Is any residential structure in a commercial district used for its built-as purpose.
Is a residential structure in excess of 1,500 square feet gross floor area originally designed for a use permitted in a zoning district which has been structurally altered to such an extent that it is impracticable to restore such structure to its built-as condition. Evidence of such structural alteration shall be submitted by a licensed professional.
A lot of record which does not comply with the lot requirements for any permitted use in the district in which it is located.
Any use lawfully being made of any land, building or structure, including an accessory use on the effective date of this chapter, or any amendment to it rendering such use nonconforming, which does not comply with all of the regulations of this chapter, or any amendment hereto, governing use for the zoning district in which such land, building or structure is located. Nonconforming structures, as defined by this chapter, are excluded from this definition.
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the covered male genitals in a discernibly turgid state.
A place providing or designed to provide daytime care or instruction for three or more children from two to five years of age away from their home for up to three hours per day, whether or not for compensation or reward.
An establishment which provides full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such an establishment. A hospital shall not be construed to be included in this definition.
An establishment providing personal, financial, legal, medical and technical services, assistance, advice and the like to individual consumers, including clinics.
The approved list of individuals identified by the City of Rochester's Neighborhood Service Centers (NSC) as those representing officially recognized City of Rochester neighborhood organizations.
The Official Street Map herein defined is the Official Street Map authorized by § 26 of the New York General City Law.
See "base flood."
The area covered by floodwater as a result of the flood having a one-percent chance of being equaled or exceeded in any given year, designated as Zones A and A1 - 99 on the Flood Insurance Rate Map.
Premises used for the on-site consumption of cannabis in a manner that requires a license under the NYS Cannabis Law; a type of cannabis establishment.
See "porch, open."
Recreational uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf courses, golf courses, swimming pools, tennis courts, and outdoor racquetball courts.
An outdoor site where individual stalls or spaces are provided on a short-term basis for vendors to display, buy, sell, exchange, or deal in new or used goods.
The placing, maintaining, keeping or abandonment of junk, junk furniture, junk appliances, commercial or industrial materials, contractor storage, garbage, rubbish, litter and debris in a place other than a structure with a roof and fully enclosed on all sides.
Includes the holder of legal title as well as holders of any equitable interest, such as trust beneficiaries, contract purchasers, option holders, lessees under leases having an unexpired term of at least 10 years, and the like. Whenever a statement of ownership is required by this chapter, full disclosure of all legal and equitable interests in the property is required.
Any land consisting of one or two parking spaces accessory to a single-family, semidetached, two-family or attached dwelling.
Any land area used or intended to be used for the temporary parking of three or more licensed vehicles or the portion of a vehicle sales operation utilized for the display of vehicles or customer parking.
A space for the temporary parking of a motor-driven vehicle within a public or private parking area that meets the design standards outlined in § 120-173.
An unroofed outdoor area that is constructed of dry laid natural or manufactured stone, brick, concrete unit pavers, or similar materials, or natural wood or manufactured planks with or without joists where the surface is less than 18 inches above the adjacent ground level. The area is capable of bearing pedestrian travel, including wheelchairs, and the area is used solely as an accessory outdoor recreational space in conjunction with the primary use. The area has some degree of permeability to permit water to percolate through the surface and soak into the underlying earth; therefore, impervious surfaces such as asphalt and concrete (except a concrete slab no more than 100 square feet in area) are not considered patios.
Any business or location in which a collateral loan broker, as defined in Article 5 of the New York State General Business Law, is operating.
A facility serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings and security fencing.
Facilities for the provision of commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including but not limited to antennas, telecommunications towers and accessory facilities.
A structure, usually of open construction, extending into the water from the shore. It serves as a landing and moving place for vessels or for recreational uses. Includes trestles, platforms and docks.
A structure owned and/or used by a religious organization for worship, religious training, or education.
A roofed open structure projecting from the exterior wall of a building and having at least 70% of the total area of the vertical planes forming its perimeter unobstructed in any manner except by insect screening between floor and ceiling.
A lot, plot or parcel of land, together with the buildings and structures thereon. When used in the context of sexually oriented businesses, "premises" means the building in which a sexually oriented business is conducted as well as its surrounding yard and parking areas and any additional parking areas required for compliance with this chapter.
Any City-designated preservation district.
The guidelines adopted by the Preservation Board.
The building facade that faces the primary street.
A building and related facilities owned or operated by a corporation, association or group of persons for social, educational or recreational purposes of members regularly paying dues, but not primarily for profit nor to render a service which is customarily carried on as a business.
See "garage or parking lot, private customer and employee" and "garage, private residential."
Uses operated by the public or semipublic body such as schools, public libraries, fire and public safety buildings, museums, parks, public meeting halls, governmental buildings and community centers.
See "garage or parking lot, public."
See "garage or parking lot, public."
See "lot line, rear."
See "yard, rear."
[1]A building used as a residence, operated as a single housekeeping unit, solely by and for a group who have professed vows in a religious order and who live together as a community under the direction of a resident pastor or superior, without more than two persons occupying any one bedroom.
Any building or portion of a building in which recyclable material, limited to paper, cans, glass, plastic, cardboard, or the like, is collected, stored or processed in an enclosed building for the purpose of marketing the material for use as raw material in the manufacturing process of new, reused or reconstituted products.
See "development or redevelopment."
The regulatory floodway in the City is delineated on the Flood Boundary and Floodway Map, and the base flood elevations in the floodway are listed in the Flood Insurance Study. The regulatory floodway is the channel of a river or other watercourse and the adjacent land area which must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
A building the principal use of which is a residential use.
A dwelling unit or dwelling units within a building providing twenty-four-hour supervised room, board and care in a residential setting to residents thereof whose status limits their ability to live independently, and secondarily for training, rehabilitation and nonclinical services. Room or rooms may be regularly locked where a matter of owner policy, and occupancy is by a person, persons, or family as authorized by the operator. The term excludes facilities subject to New York State Mental Hygiene Law § 41.34. Residential care facilities shall not include a clinic, institution, hospital, nursing home, convalescent home, school, child day-care center, adult day-care center, nursery school, dormitory, homeless residential facilities or other similar use. The term shall not be applied to owner-occupied premises with one or two roomers.
An establishment where food is prepared and available to the general public for a determined compensation, seating is provided primarily for consumption within a structure on the premises and where the consumption of food in motor vehicles on the premises is neither encouraged nor permitted.
The sale, provision of service or on-premises incidental production or assembly of general merchandise to the general public for direct use or consumption. This shall include carry-out restaurants and the like with six or fewer seats.
The highest point of a roof or parapet for flat roofs; the deckline for mansard roofs; the mean height between eaves and ridge for gable, hip and gambrel roofs.
Any dwelling containing one or more rooming units in which individual units are let by the owner or operator to non-family members with no more than two persons per unit and where a twenty-four-hour resident property manager is available for five or more rooming units; this would include dormitories. For fewer than five rooming units, a property manager must be available 24 hours and his or her name and phone number must be posted inside the building. The term shall not be applied to owner-occupied premises with one or two roomers.
Any habitable room or group of not more than two habitable rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.
Ordinary household or commercial trash, including but not limited to paper and paper products, barrels, cartons, boxes, cardboard, cans, glass, metals, machinery, plastics, rubber crates, furniture, rugs, clothing, rags, mattresses, blankets, tires, automobile and other vehicle parts, lumber, brick, stone, and other building materials no longer intended or in condition for ordinary use.
A business required to be licensed as a secondhand dealer in accordance with Municipal Code Chapter 96, Secondhand Dealers, excluding vehicle-related dealers.
The showing of the female breast with less than a full opaque covering of any portion thereof below the top of the areola, or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
A roadway running parallel to and used primarily for providing access to an expressway so designated on the thoroughfare plan of the Comprehensive Plan of the City of Rochester.
Books, magazines, pamphlets, pictures, drawings, photographs, video tapes, digital video disks, motion-picture films or sound recordings, or printed, visual and audio materials of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities.
An adult retail store, limited adult retail store, adult arcade, adult cabaret, adult movie theater, or escort agency.
All sexually oriented toys and novelties and sexually oriented books and videos.
Instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs, except medical devices approved by the Food and Drug Administration.
Any indoor place or range for shooting and discharging firearms at a target. Outdoor shooting ranges are prohibited in the City.
See "lot line, side."
See "yard, side."
See "yard line, side."
A name, identification, description, display or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business. "Sign" does not include attention-getting devices, merchandise, pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, graffiti or scoreboards located on athletic fields.
A sign displaying the number or other designation assigned to a housing unit, business establishment, or other structure for purposes of mail delivery and emergency services.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
Any sign attached to a building, other than a roof sign, including but not limited to wall signs and projecting signs.
The portion of a building originally designed for the placement of a sign, and may include only a portion of the building over the door or may extend the length of the building.
See “ sign .”
Any sign not attached to a building.
The area of the sign where the name, identification, description, display or illustration is located, not including the structural support for the sign.
Any sign indicating the name of a building and date and incidental information about its construction.
A small sign or placard identifying any historic area, building, district or site.
Any sign lawfully existing on the effective date of this chapter, or any amendment to it rendering such sign nonconforming, which does not comply with all of the standards and regulations of this chapter or any amendment hereto.
A sign expressing support for a candidate for public office or expressing any other position regarding a public figure or a public issue but bearing no commercial message whatsoever.
Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs made as A-frames or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for commercial messages; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
A sign that is placed above or supported on the top of a building.
Any sign that is used only for a short, specifically limited time and that is not permanently mounted.
Any sign that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
See "dwelling, single-family detached."
The filling, stripping of vegetation, grading or altering of existing topography.
A device, or combination of devices, structure or part of a device or structure (i.e., array, panel, etc.) that transforms direct photovoltaic solar energy into thermal, chemical or electrical energy. Solar collectors may be attached to or detached from principal structures.
A complete design or assembly consisting of a solar energy collector and other components for the transformation, processing, storage, transmission, and/or distribution of photovoltaic solar energy for the purposes of space heating and cooling, electricity supply, and/or water heating.[2]
See "fraternity or sorority house."
Any construction involving buildings or other structures that results in an increase in ground coverage; installation of underground utility systems; all improvements that significantly increase the amount of surface paved area; all mining and drilling; and all substantial dredging, filling, excavating or grading, or any man-made change to improved or unimproved real estate located within the special flood hazard area.
The land located in the one-hundred-year floodplain, designated as Zones A and A1 - 99 on the Flood Insurance Rate Map, commonly referred to as the "base floodplain" or the "one-hundred year floodplain."
Any showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
Actual or simulated acts of masturbation, sexual intercourse, oral or anal copulation or sadomasochism; fondling or other erotic touching of or physical contact with one's own or another's genitals, pubic area, buttocks or female breasts, whether clothed or unclothed; human male or female genitals when in a state of sexual stimulation or arousal; or excretory functions or acts with animals as part of or in conjunction with any of the activities set forth herein. Activities that are commonly referred to by the slang terms "lap dance," "straddle dance," "face dance" or "table dance" shall be included in this definition. For purposes of this definition, "sadomasochism" means infliction of pain, flagellation or torture, or the condition of being bound, fettered or otherwise physically restrained.
See "contractor storage."
See "outdoor storage."
That portion of a building, including a basement, between the surface of any floor and the surface of the floor next above; also, any portion of a building used for human occupancy between the topmost floor and the roof. A half story shall include that part of a building between a pitched roof and the uppermost full story, having a ceiling height of seven feet or more for not exceeding 1/2 the floor area of such full story. For purposes of side yard determination, a basement shall be counted as a half story.
A public or private way, square or lane, having a right-of-way at least 40 feet in width, permanently open to common and general use, which affords the principal means of access to abutting property; provided, however, that any such way, square or lane which has a right-of-way at least 20 feet in width and which existed prior to September 24, 1957, shall be considered a "street."
The length of a lot along the lot line abutting the right-of-way line of any public street.
Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
Anything constructed or erected with a fixed location on the ground above grade but not including poles, lines, cables or other transmission or distribution facilities of public utilities.
A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or before the damage occurred, if the structure has been damaged and is being restored. This term does not include any project for improvement of a structure to comply with state or local building, fire, health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of any structure or contributing structure listed on the National Register of Historic Places or the State Inventory of Historic Places.
A freestanding structure on which transmitting and/or receiving antennas are located, including lattice towers, guyed towers, monopoles and similar structures, which may employ camouflage technology.
A temporary use is one established for a fixed period of time with the intent to discontinue such use upon the expiration of such time. Such uses do not involve the construction or alteration of any permanent structure.
An above-grade-level plane constructed of unit paving materials within or at 18 inches of grade.
Any indoor or outdoor place or premises where trucks, tractors and/or trailers park or are assigned, stationed, fueled, stored, loaded or unloaded, except when accessory to a manufacturing or commercial use where said vehicles are used solely for the delivery of supplies and/or for the transport of manufactured items or commercial goods or services originating away from said use.
See "dwelling, two-family."
[3]Engine repair, body work, frame straightening, painting, upholstering, steam cleaning, electrical work, tuneups and all other passenger vehicle repair activities not specifically listed in the definition of "vehicle service station."
Any building, land area or other premises used for the display or sale of new or used automobiles, motorcycles, trucks, trailers or boats, but not including any repair work other than warranty and other repair service conducted as an accessory use on such premises.
Any building, land area or other premises, or portion thereof, used or intended to be used for any one or a combination of the following activities:
Retail dispensing or sales of automobile fuels.
Retail dispensing or sales of automobile lubricants, including oil changing and chassis lubrication where substantial disassembly is not required.
Retail dispensing or sales of automobile coolants.
Hand or machine washing in a single bay auto wash.
Incidental repair or replacement of parts, such as windshield wiper blades, light bulbs, air filters, oil filters, batteries, belts, tires, fuses and the like. Vehicle wrecking, vehicle repair, muffler/exhaust systems, parking or storing of vehicles for hire, and the operation of more than one towing vehicle shall not be deemed permissible accessory uses of a "vehicle service station."
Any outdoor area used for the storage of vehicles.
The dismantling or disassembling of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
A visually unobstructed aboveground space and passage affording a clear, eye-level view of and direct pedestrian access to the edge of the Genesee River. The corridor connects the public sidewalk on the first parallel street back from the river or a public park or open space between said street and the river with a river pathway along the edge of the river.
An opening in a building designed and intended to permit pedestrians to receive a service or obtain a product without entering the building.
A completely enclosed building or buildings where putrescible and nonputrescible materials are stored, treated or transferred from one kind of transportation to another, for future movement to a landfill, recycling processor or other resource/waste facility.
A channel in which a flow of water occurs, either continuously or intermittently, and, if the latter, with some degree of regularity. Such flow must be in a definite direction. Watercourses may be either natural or artificial, and the former may occur either on the surface or underground.
A roof designed to deliver high solar reflectance, reducing heat transfer to the building.
The buying or selling or arranging for sale of goods or commodities, usually in bulk, for purchasers other than individual customers, to include offices but not to include freight distribution centers, large storage facilities or the use of delivery trucks in the routine operation of the business.
See "lot, width of."
A system of components which converts the kinetic energy of the wind into electrical or mechanical power and which comprises all necessary components, including energy storage, power conditioning, control systems, transmission systems (where appropriate) and structural support systems, to provide electricity or mechanical power for residential, commercial, industrial, utility or governmental use. The height of the WECS is the height of the actual tower plus 1/2 the rotor diameter on horizontal axis installations and, on vertical axis installations, the distance from the base of the tower to the top of the unit.
An open space on the same lot with a building or structure.
An open space extending the full width of the lot between a main front building line and the front lot line, unoccupied and unobstructed by buildings or structures from the ground upward, the depth of which shall be the least distance between the front lot line and the front of the main front building line. On corner lots, the front yard shall be any yard that fronts on a street. In the case of uses or parcels without a principal structure, the front yard shall be a line drawn parallel to a front lot line a distance equal to the depth of the required front yard setback.
An open space extending the full width of the lot between the rearmost main building and the rear lot line, unoccupied and unobstructed by buildings or structures from the ground upward, except as before specified, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
An open space extending from the front yard to the rear yard between a main building and the side lot line, unoccupied and unobstructed by buildings or structures from the ground upward. The required width of a side yard shall be measured horizontally from the nearest part of the main building. An interior side yard is any side yard not on the street side of a corner lot.
The Zoning Division of the City of Rochester.
[1]
Editor's Note: The former definition of “rear yard line,” which immediately followed, was repealed 6-17-2003 by Ord. No. 2003-183.
[2]
Editor's Note: The former definitions of "solar energy system, active" and "solar energy system, passive," which immediately followed this definition, were repealed 9-16-2015 by Ord. No. 2015-295.
[3]
Editor's Note: The former definitions of "variance, area" and "variance, use," which immediately followed, were repealed 7-27-2004 by Ord. No. 2004-240.