City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[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.
[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:
[Amended 9-21-2010 by Ord. No. 2010-323; 7-19-2011 by Ord. No. 2011-247[1]]
(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.
(i) 
Recycling centers, subject to the additional requirements for specified uses in § 120-145.
(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]
[2]
Editor’s Note: Former Subsection A(1)(n), Retail sales and service, added 9-19-2012 by Ord. No. 2012-363, as amended, which immediately followed this subsection, was repealed 9-14-2016 by Ord. No. 2016-303.
(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.
(2) 
Live-work space, subject to the additional requirements for specified uses in § 120-142.1.
(3) 
Retail sales and service.
[Amended 9-19-2012 by Ord. No. 2012-363; 8-9-2016 by Ord. No. 2016-263]
(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) 
Entertainment, subject to the additional requirements for specified uses in § 120-137.
(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]
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.
(5) 
Health clubs and similar facilities.
[1]
Editor's Note: Former § 120-82, Limited uses and structures, as amended, was repealed 12-20-2005 by Ord. No. 2005-394. See now § 120-81.
[Amended 7-27-2004 by Ord. No. 2004-240; 12-20-2005 by Ord. No. 2005-394]
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.
[Amended 9-19-2012 by Ord. No. 2012-363; 8-9-2016 by Ord. No. 2016-263]
(2) 
Offices or clinics.
(3) 
Bars and restaurants.
[Amended 9-19-2012 by Ord. No. 2012-363[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection A(4), Restaurants, and provided for the redesignation of former Subsection A(5) through (11) as Subsection A(4) through (10).
(4) 
Motels and hotels.
(5) 
Amusement centers.
[Amended 7-19-2011 by Ord. No. 2011-247]
(6) 
Public and semipublic uses.
[Amended 7-19-2011 by Ord. No. 2011-247]
(7) 
Health clubs.
[Amended 7-19-2011 by Ord. No. 2011-247]
(8) 
Mixed uses.
[Amended 7-19-2011 by Ord. No. 2011-247]
(9) 
Entertainment, subject to the additional requirements for specified uses in § 120-137.
[Amended 7-19-2011 by Ord. No. 2011-247]
(10) 
Places of worship.[2]
[Amended 7-19-2011 by Ord. No. 2011-247]
[2]
Editor’s Note: Former Subsection A(11), Pawnbrokers, as amended, which immediately followed this subsection, was repealed 8-9-2016 by Ord. No. 2016-263.
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:
(1) 
[3]Concrete batching and asphalt mixing.
[3]
Editor's Note: Former Subsection C(1), concerning outdoor storage and sales of construction items, was repealed 9-21-2010 by Ord. No. 2010-323, which ordinance also provided for the renumbering of former Subsection C(2) through (6) as Subsection C(1) through (5), respectively.
(2) 
Fuel and oil distributors.
(3) 
Food processing.
(4) 
Production of chemical, rubber, leather, clay, bone, plastic, stone, paper and glass materials or products.
(5) 
Similar manufacturing uses as determined by the Manager of Zoning.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
D. 
Homeless shelters, subject to the additional requirements for specified uses in § 120-141.
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.
G. 
Public utilities, subject to the additional requirements for specified uses in § 120-144.
H. 
Entertainment uses, parks, playfields, playgrounds, stadiums, and outdoor recreations.
I. 
Truck centers, subject to the additional requirements for specified uses in § 120-150.
J. 
Railroad yards and freight centers.
K. 
Waste stations, subject to the additional requirements for specified uses in § 120-155.
L. 
Junkyards or salvage yards, subject to the additional requirements for specified uses in § 120-142 and the following:
[Amended 9-21-2010 by Ord. No. 2010-323]
(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.
[Added 9-21-2010 by Ord. No. 2010-323]
N. 
Outdoor storage/sales of construction materials, equipment and vehicles subject to § 120-175.
[Added 9-21-2010 by Ord. No. 2010-323]
O. 
Animal hospitals and kennels when not within a fully enclosed building.
[Added 7-19-2011 by Ord. No. 2011-247]
P. 
Outdoor activities accessory to a permitted use.
[Added 7-19-2011 by Ord. No. 2011-247]
Q. 
Shooting ranges subject to the additional requirements for specified uses in § 120-148.1.
[Added 7-19-2011 by Ord. No. 2011-247]
R. 
Solar energy system, subject to a marketability analysis as set forth in § 120-192 and subject to the requirements for specified uses in § 120-148.2.
[Added 9-16-2015 by Ord. No. 2015-295]
The following lot, area and yard requirements shall apply to M-1 District:
A. 
Lot frontage requirements.
(1) 
Minimum lot frontage: N/A.
B. 
Lot area requirements.
(1) 
Residential uses.
(a) 
Minimum lot area: N/A.[1]
[1]
Editor's Note: Former Subsection B(1)(b) and (c), providing maximum building coverage and maximum lot coverage, respectively, which immediately followed this subsection, was repealed 9-21-2010 by Ord. No. 2010-323.
(2) 
Nonresidential uses.
(a) 
Minimum lot area: N/A.[2]
[2]
Editor's Note: Former Subsection B(2)(b) and (c), 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) 
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.
(b) 
Side yard.
[1] 
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.
[2] 
Minimum side yard setback, detached accessory use or structure: N/A.
(c) 
Rear yard.
[1] 
Minimum rear yard setback, principal use or structure: N/A unless adjacent to a residential district, in which case the side yard shall be the same as the required rear yard setback in the residential district.
[2] 
Minimum rear yard setback, detached accessory use or structure: N/A.
(2) 
Nonresidential uses.
(a) 
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.
(b) 
Side yard.
[1] 
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.
[2] 
Minimum side yard setback, detached accessory use or structure: N/A.
(c) 
Rear yard.
[1] 
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 front yard setback in the residential district.
[2] 
Minimum rear yard setback, detached accessory use or structure: N/A.
The following requirements shall apply to buildings constructed in the M-1 District:
A. 
Building heights.
(1) 
Nonresidential uses.
(a) 
Minimum building height: N/A.
B. 
Square footage.
(1) 
Nonresidential uses.
(a) 
Maximum square footage per use: N/A.
[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
Personal wireless telecommunication facilities in the M-1 District shall be regulated as outlined in § 120-143, Personal wireless telecommunication facilities.
The applicable City-Wide Design Guidelines and Standards (Article XIX) and Requirements Applying to All Districts (Article XX) in this chapter shall apply to all uses in the M-1 District.