A.
Title. This chapter shall be known as the "Town of Rochester Zoning
Law."
B.
Interpretation. The provisions of this chapter, in their interpretation
and application, shall be held to be the minimum requirements for
the promotion of the public health, safety, and general welfare.
C.
Conflict. This chapter is not intended to interfere with, abrogate,
or annul any other law, rule or regulation statute or provision of
law. Where any of the provisions of these regulations impose restrictions
different than any other law, rule or regulation or other provision
of law, whichever provisions are more restrictive or impose higher
standards shall control. This chapter, however, shall repeal and replace
in its entirety the existing Town of Rochester Zoning Law.
D.
Jurisdiction. All complete applications filed prior to the effective
date of this chapter shall be reviewed pursuant to regulations in
effect prior to amendment. An application shall be considered complete
for these purposes when a public hearing on the same has been scheduled
or completed, or, in the event no public hearing is required, when
the Code Enforcement Officer determines the application is complete
the requirements of the State Environmental Quality Review Act have
been met.
It is the legislative intent of this chapter to provide standards
and procedures to guide land use and new development. This chapter
is specifically intended to implement the Town of Rochester Comprehensive
Plan, including but not limited to the following objectives:
A.
Directing growth by encouraging concentrations of new residential,
nonresidential and mixed-use developments in areas that currently
are or that can be conveniently served by roads, utilities, schools
and other facilities.
B.
Directing large-scale or intensive development to areas with adequate
infrastructure.
C.
Broadening housing opportunities in the Town of Rochester to provide
housing for all populations including young families, senior citizens,
working families and households, single adults and others.
D.
Offering incentives to encourage better site design and use of energy
efficient principles in new development projects.
E.
Protecting historic resources.
F.
Protecting the quantity and quality of the water supply by strengthening
measures to prevent groundwater contamination, assuring protection
of surface waters, preserving wetlands and encouraging the provision
of sewage collection and treatment to hamlets.
G.
Protecting important natural resources identified in the Town's Natural
Resources Inventory.
H.
Minimizing disturbance to wildlife and vegetation from the effects
of new development.
I.
Regulating floodplain development.
J.
Providing for continued commercial and industrial growth.
K.
Allowing for home-based occupations.
L.
Preserving productive farmlands as a viable industry resource and
means for maintaining open space.
M.
Encouraging agri-tourism activities by farms and otherwise promoting
and developing agriculture.
N.
Protecting the Catskills and the Shawangunk Ridge by limiting clearing
and intensity of use so as to maintain existing character.
O.
Creating guidelines for new development and its landscaping that
maintain a high-quality built environment while preserving and using
natural beauty wherever possible.
P.
Recognizing historical neighborhoods and preserving small-scale mixed-use
development patterns in these areas.
Q.
Preventing intrusion of incompatible uses in residential areas so
as to ensure privacy for residents and their freedom from nuisances.
R.
Ensuring signage in Town is both attractive and functional.
S.
Reducing traffic congestion and improve the safety of the roads in
the Town.
T.
Requiring adequate setbacks and off-street parking for both residential
and nonresidential uses.
U.
Encouraging alternatives to strip commercial development, by encouraging
new development in hamlet areas and/or concentrated nodes that minimize
the road frontage and curb cuts required.
V.
Ensuring new construction provides adequate access for emergency
services.
W.
Encouraging the use of conservation subdivision, planned unit development,
transfers of development rights and other flexible techniques for
simultaneously preserving open spaces, protecting natural resources
and accommodating new development.
X.
Protecting the community against unsightly, obtrusive and noisy land
uses and operations.
Y.
Providing public access to trails and other recreational resources.
