Zoning district boundary lines are intended generally to follow, parallel or connect the centerlines of rights-of-way; existing lot lines; the mean water level of rivers, streams and other waterways; contour lines; ridgelines or Town boundary lines, all as shown on the Zoning Map; but where a district boundary line does not follow such a line, its position is shown on said Zoning Map by a specific relationship to such a line using the scale indicated on the Zoning Map. Where AB-3 and B District boundary lines parallel rights-of-way and divide properties, said boundaries are intended to be 600 feet from the edge of the right-of-way. The NR District line, where it varies from property lines, is intended to follow contour lines paralleling the ridgeline as depicted on the Zoning Map.

Where a district boundary line divides a lot of record at the time such line is established, the Planning Board may allow the extension of activities permitted in one district to the other as a special use, provided that such extension shall increase the developable lot area for the more intensive use by no more than 25% or 100 feet, whichever is less. This is to permit more flexibility in the use of large parcels.

When the specific location of a zoning district boundary line cannot be ascertained, the Building Inspector or Planning Board, as the case may be, shall request the Zoning Board of Appeals to render an interpretation which shall then be used as the basis for applying standards.

If a proposed use is not specifically listed in any category of uses or within any zoning district on the Schedule of District Regulations, the Town Board shall, following a public hearing, render a formal determination as to whether or not the use is permitted in a given district and, if the use is permitted, the Planning Board shall then process the application as a special use. The Town Board may consult the Planning Board for recommendations in this regard and shall make its determination on the basis of similarities of the use to other specifically listed uses within various districts, taking into consideration the impacts of the use on the community and the neighborhood in which it is proposed. This shall not permit the reclassification of uses that are already listed nor shall the Town Board permit any use that is not listed in a particular district if that use is already permitted in another district. Any determination made under this section shall be filed with the Town Clerk within 15 days and serve to establish the classification of this use for all future purposes. Any person aggrieved by the decision of the Town Board may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.

Multiple permitted uses, as defined herein, may be allowed as special uses upon a given lot provided all lot development standards are met.

Prohibition against the exploration for or extraction of natural gas and/or petroleum. No land in the Town shall be used to conduct any exploration for natural gas and/or petroleum; to drill any well for natural gas and/or petroleum; to transfer, store, process or treat natural gas and/or petroleum; or to dispose of natural gas and/or petroleum exploration or production wastes; or to erect any derrick, building or other structure; or to place any machinery or equipment for any such purposes.

Prohibition against the storage, treatment and disposal of natural gas and/or petroleum exploration and production materials. No land in the Town shall be used for the storage, transfer, treatment and/or disposal of natural gas and/or petroleum exploration and production materials.

Prohibition against the storage, treatment and disposal of natural gas and/or petroleum exploration and production wastes. No land in the Town shall be used for the storage, transfer, treatment and/or disposal of natural gas and/or petroleum exploration and production wastes.

Prohibition against natural gas and/or petroleum extraction support activities. No land in the Town shall be used for natural gas and/or petroleum extraction support activities.

Bulk fuel storage. No provision of this chapter shall be deemed to regulate the use known as "Bulk Fuel Storage" as defined in Chapter 140, Zoning.

Whenever any owner or occupant of property in the Town of Rochester shall, for any purpose or in any manner; establish a new use, change an existing use, make permanent structural improvements to a property, erect a new building, or move, add to or enlarge any existing land use or building; such owner or occupant shall first comply with the requirements of this chapter. A zoning permit shall be required whenever a change in land use occurs, regardless whether any new construction is involved or not, excepting that agricultural and personal-use timber harvesting and tilling shall be exempt from all permit requirements.

Upon a zoning permit determination by the Code Enforcement Officer of the requirement of a site plan approval, special use permit, subdivision approval, or a use or area variance, an applicant may request a pre-application conference with the Planning Board or Zoning Board of Appeals, as may be applicable.

Minimum development standards. The development standards contained in the Schedule of District Regulations are minimums and shall apply to each use unless otherwise specifically provided.

Corner lots. No obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 75 feet distant from their points of intersection.

Through lot requirements. A through lot shall be considered as having two street frontages, both of which shall be subject to the front yard requirements. Other yards shall be considered side yards.

Minimum lot frontage.

Flag lots. The development of interior lots with limited lot frontage consisting of only an access right-of-way shall be permitted provided:

Conversions of seasonal residential communities. Existing seasonal residential communities may be converted to permanent single-family, two-family or multifamily dwellings subject to the following standards:

Front yard determination. Front yards shall be measured from the edge of the road right-of-way, which shall be assumed to be 50 feet in width in all cases where unknown. The assumed edge of right-of-way in such instances shall be measured from the centerline of roadway and established at a distance of 25 feet from such centerline.

Side yard exception. Where the side wall of a building is not parallel with the side lot line or is irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any point than one-half the otherwise required minimum width. The Building Department shall have discretion to interpret and clarify this provision as it applies to individual structures of an irregular nature.

Front yard exceptions.

Provision of yard or other open space. No yard or other open space provided about any buildings for the purpose of complying with the provisions of the law shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.

Waterfront yards. Each lot fronting on a named stream depicted on United States Geological Survey maps shall include a setback of 100 feet in depth from the high water mark of such stream. No principal structure shall be located within such setback. The Planning Board shall, however, be authorized to modify this requirement where necessary or to accommodate reasonable use of properties outside the floodplain, provided other mitigating measures such as deed covenants limiting clearing near the stream are employed to protect stream quality.

Planned new streets. In the case where a road right-of-way line for future streets, for future extensions of existing streets or for future street widening is established on the site plan, building and structures shall be set back from such line as though it were a street line.

No accessory building permitted by this chapter shall be placed in any required side or front yard (setbacks) except as provided in Subsection C below.

The aggregate ground area covered by any accessory buildings in any rear yard shall not exceed 25% of the rear yard (setback) area.

Accessory structures not attached to a principal structure shall:

When an accessory structure, such as a garage, carport, workshop, porch, or deck is attached to the principal building, it shall comply with requirements for principal buildings. All unattached structures shall be separated by a minimum of 12 feet or one-half the average height of the two structures.

Railroad boxcars, manufactured home units and recreational vehicles shall not be used for purposes of accessory or principal structures in connection with any use. The use of storage trailers or bulk/shipping containers as an accessory use in connection with a commercial or institutional use shall be permitted with site plan review where the trailers or containers can be substantially screened from view with evergreen plantings, fencing or earthen berms as may be required to accomplish the purpose. The use of storage trailers or bulk/shipping containers as an accessory use in connection with agricultural production shall be permitted as an accessory use provided all accessory use setbacks are met.

Wind turbines. The Planning Board may approve, approve with conditions, or disapprove small wind turbine applications designed for residential, agricultural, institutional and business use on the same parcel. Such applications shall be processed as special uses, but may be appropriately modified by the Planning Board to reflect the scale of the proposed facility. All small wind turbines shall comply with the following standards and, to the maximum extent practicable, with all other requirements of this chapter not in conflict herewith, except that wind turbines used to supply up to 110% of the electrical needs of any agricultural operation located within a state-certified agricultural district shall be considered on-farm equipment and be exempt from these requirements, provided the equipment is located on the agricultural operation that it supplies with such electricity:

Solar energy structures. See § 140-37, Solar energy.

Fences and walls. Fences, walls, or retaining walls shall be classified as accessory structures subject to the following standards:

The keeping, grazing, feeding, and care of animals shall be permitted as an accessory use on improved lots pursuant to the Schedule of District Regulations.[1]

The following are exempted from regulation under this chapter, are permitted by right, and do not require a permit:

Animal husbandry shall conform to the following standards:

Animal husbandry on property not meeting the minimum lot size requirements shall be permitted only upon site plan approval obtained from the Planning Board. Such application shall be classified as a Type II action with regard to SEQRA. The site plan application fee shall be waived; however, the applicant shall be responsible to reimburse the Town for the actual incurred costs from the engagement of professional consultants and public hearings in connection with an animal husbandry application. The Planning Board shall review the specific circumstance of the property in the following manner and shall attach reasonable conditions to any approval.

Animal husbandry in practice before the adoption of this chapter shall be deemed a nonconforming use with respect to these minimum lot size requirements.

Findings. The Town recognizes that farming is an essential enterprise and an important industry which enhances the economic base, natural environment, and quality of life in the Town of Rochester as stated in the Comprehensive Plan and demonstrated with the adoption of Chapter 75, Farming, of the Town Code. It is the policy of the Town to encourage agricultural use and farm operations, particularly in certified county agricultural districts, so as to promote production of food and other agricultural products on its agricultural lands and to preserve open space and the rural character of the Town and to not unreasonably restrict or regulate such use.

Applicability. Agricultural use of property shall be regulated to the degree that all provisions of the codes, laws, and regulations of the Town of Rochester and the State of New York; including but not limited to the New York State Uniform Fire Prevention and Building Code, New York State Agriculture and Markets law, New York State Environmental Conservation law, and Ulster County Board of Health requirements; shall be applicable excepting such regulations where exemption is specifically granted under the laws of the Town of Rochester or New York State. Some agricultural uses shall require site plan and/or special use approval by the Planning Board as provided for in the Schedule of District Regulations[1] and this chapter.

Nonanimal agricultural use is a permitted use in all zoning districts by right.

Agricultural buildings. All agricultural buildings shall require a zoning permit. Agricultural buildings shall be exempt from height restriction standards as detailed in § 140-11.

Agricultural labor housing, as defined herein, shall be exempt from the minimum lot area requirements of the given zoning district; however, setback requirements for residential use shall apply. Agricultural housing shall not be used to house persons other than seasonal or full-time employees.

Commercial farm operations within a certified county agricultural district. All agricultural uses and the construction of on-farm buildings and structures to be used as part of a commercial farm operation located on parcels within a certified county agricultural district are a permitted use in any zoning district by right. All agricultural use permanent structures shall comply with the minimum setbacks of the district in which they are located. Accessory structures shall comply with § 140-13.

The Planning Board shall, to assure an acceptable buffer between adjacent residential and nonresidential uses and create a healthy, safe and aesthetically pleasing environment in the Town, require a landscape plan be prepared as part of any site plan review or special use application. Such a plan shall also be required whenever any nonresidential use is proposed in any district so as to buffer parking areas and buildings from the highway, each other and other uses. Where it is determined a proposed use is naturally buffered or would not have a significant impact on the natural environment, adjoining landowners or the view from a public highway, these requirements may be modified by the Planning Board to fit the circumstances.

The landscape plan shall specify locations, sizes and species of all mature shade trees or other species of six-inch caliper or greater and indicate existing vegetation to be removed or preserved. It shall demonstrate how building materials, colors and textures will be blended with the natural and man-made landscape. It shall also include visual depictions of the proposed landscape from the perspective of persons who will view the site from the highway or adjoining properties. Specific locations, varieties, sizes, winter hardiness, and schedules for all proposed plantings shall, too, be provided as part of the plan.

The Planning Board, in reviewing a landscape plan, may employ the assistance of design professional. The Planning Board shall also specifically consider the following before approving, approving with modifications or disapproving the special use:

Landscaping guidelines. The following minimum specifications are suggested guidelines the Planning Board should apply when new landscaping is required:

A performance guarantee in a form acceptable to the Town Attorney in the amount of 125% of the cost of materials and installation may be required to assure that all landscaping survives in a healthy condition one full year following planting. The Building Inspector or Planning Board, as the case may be, shall determine the amount of the guarantee and consider financial impacts of this requirement on the project. The Building Inspector shall have the right to enter upon the property to inspect the landscaping and, after notifying the owner of any deficiencies, to require that the guarantee be used to pay for the replacement of any dead, dying, diseased, stunned or infested plant materials.

All applicable requirements of these landscaping regulations imposed by the Planning Board shall be fully met prior to the Building Inspector granting a certificate of occupancy for a new building or use subject to these regulations.