The restrictions and controls intended to regulate development in each district are set forth in the Schedule of District Regulations which is then supplemented by other sections of this chapter and other laws of the Town of Rochester. In the case of any inconsistencies found to exist between the Schedule of District Regulations and the written text of this Code, the written text shall prevail. Although many principal permitted uses shall be permitted as a matter of right, in compliance with these regulations, some permitted principal uses require site plan review by the Planning Board as indicated in the Schedule of District Regulations. All special uses are subject to site plan review and, specifically, Planning Board approval as prerequisites to the Building Inspector issuing a permit for their establishment. Accessory uses are permitted to accompany or, with site plan review by the Planning Board to precede (except for home occupations), principal permitted and special uses. Permits for these accessory uses shall be issued directly by the Building Inspector.
A. 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.
B. Multiple permitted uses, as defined herein, may be allowed as special uses upon a given lot provided all lot development standards are met.