[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.
[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]
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 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:
(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]
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.
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.
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(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:
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(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.
[Amended 6-17-2003 by Ord. No. 2003-183]
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 Manager of
Zoning for review and approval subject to site plan review. Prior
to making a determination, the Manager of Zoning 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.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
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.