A. 
The purpose of this article is to place restrictions on specific uses, both permitted and specially permitted, because of the potential impacts to surrounding properties. These restrictions are applied to a project to mitigate impacts including noise, off-site parking, traffic, unsightliness, odors, dust and fumes. The regulations promote the public health, general safety and neighborhood character of the immediate neighborhood and the larger community.
B. 
For uses listed in this article that require a special permit, the Planning Commission may waive any of the requirements imposed by this article when it finds such action is warranted by reason of the unique physical conditions of the particular property or by reason of the particular character of surrounding properties. For those instances when a use listed in this article is a permitted use, an area variance from the Zoning Board of Appeals shall be required to waive any of the requirements imposed by this article. Prior to making a waiver determination, the Planning Commission or the Zoning Board of Appeals shall evaluate the following factors:
[Amended 9-19-2017 by Ord. No. 2017-299]
(1) 
The size and intensity of such use.
(2) 
The capacity of adjacent and feeder streets to handle peak traffic loads and hazards created by the use.
(3) 
The obstruction of light or air or the emission of noise, light, smoke, odor, gas, dust or vibration in noxious or offensive quantities, and the distance between offensive processes and adjacent properties.
(4) 
The overall effect on values and utilization of neighboring properties.
(5) 
Unusual topography of the location, and the nature, location and height of buildings, walls, stacks, fences, grades and landscaping on the site.
(6) 
The extent, nature and arrangement of parking facilities, entrances and exits.
(7) 
Problems of fire and police protection.
(8) 
Preservation and/or upgrading of the neighborhood character.
(9) 
The availability of adequate sewer and water supply.
(10) 
All other standards prescribed by these regulations.
Adaptive use of designated landmarks shall be subject to the following requirements:
A. 
A portion or all of the structure may be converted to offices.
B. 
No exterior alterations shall be allowed which are necessitated solely by the introduction of this adaptive use in the landmark.
C. 
No signs may be erected, installed or maintained in excess of those provided for in the district.
D. 
Off-street parking shall be provided as required by the regulations of § 120-173 applicable to the use, unless the Planning Commission shall find on the basis of the evidence presented to it that some reduction of such requirements is warranted. No parking may be permitted in front of a landmark structure.
Ancillary parking lots and garages shall be subject to the following additional requirements:
A. 
Ancillary parking lots and garages shall only be allowed in the district where the principal use is located or a less restrictive district.
B. 
Ancillary parking lots and garages shall be subject to all the provisions of § 120-173, Off-street parking, and all the lot, area, yard and bulk requirements of the applicable zoning district.
[Amended 7-27-2004 by Ord. No. 2004-240]
C. 
Ancillary parking lots and garages shall be used exclusively for parking of passenger vehicles.
D. 
Ancillary parking lots and garages shall be equipped and controlled to discourage illegal parking, vandalism and other unlawful or nuisance-creating activities. When so equipped and controlled, such lots and garages may be open 24 hours a day.
E. 
No commercial repair work or services of any kind shall be conducted in any ancillary parking lot or garage.
F. 
No sign of any kind other than designating entrances, exits and conditions of use shall be maintained on any ancillary parking lot or garage.
Bed-and-breakfast establishments shall be subject to the following requirements:
A. 
No alteration to either the exterior or the interior of any principal or accessory structure shall be made which changes the character and appearance of the residential premises.
B. 
Only rooms originally designed as bedrooms shall be used for guest lodging.
C. 
Guest parking shall include one off-street parking space for each bedroom.
D. 
No sign, other than one unlit address sign not more than two square feet in area, shall be permitted.
Car washes shall be subject to the following requirements:
A. 
All vehicular access shall be from an arterial or collector street.
B. 
All machine washing and machine drying operations shall be conducted within a building.
C. 
The building exit for automobiles that have completed the washing and machine drying process shall be set back a minimum of 50 feet from the nearest point of any street property line.
D. 
No washing, vacuuming, steam cleaning, waxing, polishing or machine drying operation, and no building within which such operations are conducted, shall be permitted within 100 feet of a residential district.
E. 
All lot lines abutting or adjacent to residential districts or uses shall be screened by a solid masonry wall or fence not less than four feet nor more than six feet in height.
F. 
Perimeter landscaped open space shall be provided in the front yard.
G. 
All entrance and exit lanes and parking areas shall be surfaced with an asphalt or portland cement binder pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all surface water accumulation.
H. 
Queuing lane(s) for each bay shall be provided subject to the requirements applying to all districts in § 120-174.
Commercial uses in multifamily dwellings over 20 units shall conform to the following:
A. 
Commercial uses may be located only below the second floor of any principal residential building of 20 units or more.
B. 
Parking shall be required as indicated in § 120-173 of this chapter. Shared parking for commercial and residential uses shall be encouraged in all developments.
Day-care centers shall be subject to the following requirements:
A. 
No permanently installed play equipment shall be located in the required front yards.
B. 
Day-care centers shall be located a minimum of 1,000 feet from any existing sexually oriented business.
[Amended 9-21-2010 by Ord. No. 2010-323]
Drive-throughs shall be subject to the following requirements:
A. 
Except in C-3 and M-1 Districts, all elements associated with drive-throughs, including but not limited to service windows, vehicular queuing lanes, menu boards and intercoms, shall be prohibited in the front yard and shall not be located to prevent direct pedestrian access from the public right-of-way to the principal building.
B. 
When adjacent to residential uses, drive-throughs, including both the facility and queuing lanes, shall be screened from the adjacent residential properties.
[Amended 11-12-2019 by Ord. No. 2019-325]
Establishments offering public entertainment, excluding all sexually oriented uses, shall be subject to the following requirements:
A. 
The portion of the building used for entertainment shall have no openings facing any adjacent residentially zoned or developed property other than stationary insulated glass windows that shall be screened or draped in a manner to prevent the direct glare of beams onto such adjacent property.
B. 
The applicant shall provide a number of off-street parking spaces equal to 1/2 the maximum allowable occupancy of the use, as determined by the Fire Marshal of the City or a designated agent.
Firearms sales, storage and display, including ammunition and explosives, shall be subject to the requirements set forth in Chapter 47 of the City Code.
Home occupations shall be subject to the following requirements:
A. 
No more than 25% of the floor area of the dwelling unit shall be devoted to the home occupation. This requirement shall not apply to family day-care homes.
B. 
No stock-in-trade shall be displayed or sold on the premises.
C. 
There shall be no outdoor storage of commercial vehicles, equipment or materials used in the home occupation.
D. 
Commercial vehicles shall not be permitted in connection with any home occupation.
E. 
No mechanical, electrical or other equipment which produces noise, electrical or magnetic interference, vibration, heat, glare or other nuisance outside the residential or accessory structure shall be used.
F. 
No home occupation shall be permitted which is noxious, offensive or hazardous by reason of hours of operation, vehicular traffic, generation or emission of noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse, radiation or other objectionable emissions.
G. 
No signage shall be allowed in the R-1 District. In all other districts one unlighted sign not over one square foot in area attached flat against the dwelling and displaying only the occupant's name and occupation shall be permitted to advertise the presence or conduct of the home occupation.
H. 
Instruction for no more than five attendees shall be allowed.
I. 
Any building or lot where more than two domesticated animals are housed, groomed, bred, boarded or trained shall not be considered a home occupation.
Homeless residential facilities shall be subject to the following requirements:
A. 
Families with children shall be sheltered in space other than an open dormitory style shelter.
B. 
A homeless residential facility shall provide a minimum of 80 square feet per bedroom.
C. 
In residential structures, only habitable rooms originally designed as bedrooms shall be used for lodging.
[Amended 6-17-2003 by Ord. No. 2003-183]
D. 
A homeless residential facility shall provide interior common areas totaling 20 square feet per bed or 150 feet, whichever is greater. Common areas may be provided in any habitable room or rooms that are available to all residents at all times.
E. 
A homeless residential facility shall provide 50 square feet of open space per person or 200 square feet, whichever is greater. In addition to yard areas, this requirement may be provided in open porches or decks.
Homeless shelters shall be subject to the following requirements:
A. 
Each homeless shelter shall provide a minimum of 50 square feet of exterior common/open space per person.
B. 
A minimum of three feet will be maintained between beds on a regular basis.
C. 
There will be a minimum of one toilet and sink for every 10 residents and a minimum of one tub or shower for every 15 residents.
D. 
All homeless shelter applications shall, as part of the special permit, provide the following:
(1) 
A crime prevention and crime awareness program that is developed in conjunction with and approved in writing by the Police Department. The Police Department, as part of this approval, will review the site plan and the location of all lighting.
(2) 
A litter control program must include at least two trash receptacles on site for customer use, located next to walkways. At a minimum, the program must also address daily on-site litter pickup, customer awareness activities, and off-site litter pickups.
(3) 
A loitering control program is required and must, as a minimum, address such things as locating telephone booths, benches, tables, and other activity areas where they can be viewed and controlled by the employees.
(4) 
Information addressing the concentration of homeless shelters, as indicated by the location of other homeless shelters and similar uses within 1/4 mile of the proposed use.
E. 
The person on duty must be able to monitor the grounds, facility and resident activities to help prevent theft and physical harm.
[Amended 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323]
In addition to the requirements set forth in Chapter 66 of the Municipal Code, junkyards and salvage yards shall be subject to the following requirements:
A. 
Junkyards shall be located at least 1,000 feet from any residential, planned development, Village Center, or open space district or the Genesee River or the CCD and at least 500 feet from any commercial district.
B. 
No curb cuts or driveways that provide access from a local or a collector street shall be used or established.
C. 
No curb cuts or driveways shall be located within 150 feet of any residential, planned development or open space district boundary line.
D. 
In the event that a protest is presented to the Manager of Zoning no later than 24 hours before the Planning Commission is scheduled to consider the special permit, which protest is duly signed and acknowledged by the owners of 20% or more of the total of all properties located in Residential, Planned Development and Open Space Districts within 1,000 feet of the subject property and in Commercial Districts within 500 feet of the subject property, a special permit shall not be approved except by a three-fourths vote of the Planning Commission.
[Amended 6-20-2017 by Ord. No. 2017-170]
[Added 6-17-2003 by Ord. No. 2003-183]
Live-work spaces shall be subject to the following requirements:
A. 
Uses shall include but not be limited to studios for artists, crafters, photographers, composers, writers and other uses of similar impact and intensity.
B. 
Studio uses shall be conducted for gain or support entirely within a residential building, or a structure accessory thereto, which is secondary to the use of such building for dwelling purposes and which does not change the essential residential character of such building.
C. 
Retail sales are prohibited, except the display or sale of art objects produced on site which is incidental and secondary to the studio use.
D. 
Live-work space is limited to occupant(s) of the dwelling. No employees are allowed in the conduct of the profession, occupation or trade.
The purpose of this section is to provide sound land use policies, procedures and regulations for personal wireless telecommunication facilities. These will protect the community from the visual or other adverse impacts of these facilities, while encouraging unobtrusive development, and will ensure comprehensive wireless telecommunication service in the City of Rochester with its benefits to residents and businesses. The standards reflect a policy that expresses a preference that antennas be located on existing buildings and towers rather than on newly constructed towers. The regulations of this section shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all personal wireless communication facilities. The regulations of this section relate to the location and design of these facilities and shall be in addition to the provisions of the Rochester Building Code and any other federal, state or local laws or Federal Communication Commission (FCC) regulations pertaining to such facilities. Where the following standards and requirements of this section are not met, a special permit shall be required.
A. 
District standards.
(1) 
Residential and CCD Districts.
(a) 
Antennas on buildings. Antennas on buildings are permitted on all buildings which are four stories or greater in height, provided that the antennas and related support structures do not extend more than 20 feet above the roofline.
(b) 
Antennas on existing towers. Antennas on existing telecommunication towers or other structures shall require a special permit unless otherwise allowed by the terms of a prior special permit.
(c) 
Telecommunication towers. Telecommunication towers shall require a special permit and shall be subject to the additional design standards set forth in this section.
(2) 
Commercial Districts.
(a) 
Antennas on buildings. Antennas are permitted on all buildings which are four stories in height or greater, provided that the antennas and related support structures do not extend more than 20 feet above the roofline of such buildings.
(b) 
Antennas on existing towers. Antennas on existing telecommunication towers or other structures shall be permitted unless otherwise restricted pursuant to the terms of a prior special permit.
(c) 
Telecommunication towers. Telecommunication towers shall be permitted in the C-3 District, provided that the base of the tower is located at least 100 feet from the nearest residential, open space or preservation district or landmark and the height of the tower does not exceed 100 feet. In other commercial districts, towers shall require a special permit and shall be subject to the design standards set forth in this section.
(3) 
Village Center Districts.
(a) 
Antennas on buildings. Antennas on buildings shall require a special permit.
(b) 
Antennas on existing towers. Antennas on existing telecommunication towers or other structures shall require a special permit unless otherwise allowed pursuant to the terms of a prior special permit.
(c) 
Telecommunication tower. Telecommunication towers shall be prohibited in this district.
(4) 
M-1 District.
(a) 
Antennas on buildings. Antennas are permitted on all buildings, provided that the height above grade does not exceed 100 feet and provided that antennas and related support structures that extend more than 20 feet above a roof are set back at least 100 feet from the nearest residential, open space or preservation district or landmark.
(b) 
Antennas on existing towers. Antennas on existing telecommunication towers or other structures are permitted unless otherwise restricted pursuant to the terms of a prior special permit.
(c) 
Telecommunication tower. Telecommunication towers are permitted provided that the height of the tower does not exceed 100 feet, and provided that the tower is located at least 100 feet from the nearest residential, open space, preservation district or landmark.
(5) 
Open Space District.
(a) 
Antennas on buildings. Antennas on buildings shall require a special permit.
(b) 
Antennas on existing structures. Antennas on existing telecommunication towers or other structures shall require a special permit unless otherwise allowed pursuant to the terms of a prior special permit.
(c) 
Telecommunication tower. Telecommunication towers shall require a special permit and shall be subject to the design standards set forth in this section.
(6) 
Preservation Districts.
(a) 
Antennas on buildings. Antennas on buildings shall require a special permit and shall be subject to the design standards set forth in this section.
(b) 
Antennas on existing structures. Antennas on existing telecommunication towers or other structures shall require a special permit, unless otherwise allowed by the terms of a prior special permit.
(c) 
Telecommunication tower. Telecommunication towers are prohibited.
(7) 
Landmarks. Telecommunication antennas and towers are prohibited.
(8) 
U-R Districts. All telecommunication facilities in the U-R Districts shall be treated as in the underlying district.
B. 
Design standards. The following design standards shall apply to antennas and telecommunication towers installed or constructed pursuant to the terms of this chapter:
(1) 
Co-location. Telecommunication towers shall be designed to provide for co-location by two providers or designed so that they can be retrofitted to accommodate two providers.
(2) 
Fencing. The base area of a tower shall be enclosed with a fence not less than six feet in height.
(3) 
Landscaping. Landscaping shall be provided along the perimeter of the tower base area to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall be landscaped. Compensatory site improvements may be provided in lieu of base area landscaping at the discretion of the Manager of Zoning.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(4) 
Signs. Signs shall not be permitted on towers except for signs displaying owner contact information and safety instructions. Such signs shall not exceed five square feet in surface area.
(5) 
Color. Towers shall either be gray in color, have a galvanized finish or be colored appropriate to the tower's locational context to the extent that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
(6) 
Access. Access to tower or monopole areas shall be from established site access points whenever possible.
(7) 
Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet.
(8) 
FAA standards. Antennas and support structures required to be lighted and painted other than gray or a galvanized finish by FAA regulations shall be allowed only upon the issuance of a special permit subject to the additional standards set forth in this section.
(9) 
Accessory equipment. Accessory equipment may be located within an existing building, or in newly constructed buildings and structures when limited to 400 square feet in floor area.
(10) 
Significant architectural features. PWTC shall not obscure significant architectural features or details of buildings or other structures.
C. 
Bulk, space and yard requirements.
(1) 
Height. Except as otherwise restricted by this section, antennas located on buildings and other structures and towers shall be subject to the applicable district regulations pertaining to height as well as all Overlay Airport (O-A) District regulations .
(2) 
Setback.
(a) 
Setback requirements for towers and accessory buildings and structures shall be as prescribed by the applicable district regulations for principal uses except in commercial districts.
(b) 
Setback requirements in commercial districts shall be as follows:
[1] 
Street yards: 10 feet.
[2] 
Other yards: zero feet.
(c) 
Street yard setback areas shall be landscaped and used for no other purposes.
D. 
Additional requirements and standards.
(1) 
Personal wireless telecommunication facilities application.
(a) 
Each application for a certificate of zoning compliance for a personal wireless telecommunication facility shall be accompanied by a plan which shall reference all existing personal wireless telecommunication facility locations in the applicant's City of Rochester inventory, any such facilities in the abutting towns which provide service to areas within the City of Rochester and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing wireless facilities.
(b) 
In lieu of the submission of the above reference plan with each certificate of zoning compliance application, a provider may submit an annual personal wireless telecommunication facility plan containing the aforementioned information for the calendar year. Such annual plan shall be filed with the Manager of Zoning no later than January 31 of a respective calendar year.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(c) 
Special permit applications required by this section shall be accompanied by an updated annual plan.
(2) 
Special permit applications. In addition to the requirements and standards for special permit applications outlined in § 120-192, the following requirements and standards shall apply:
(a) 
Special permit applications for towers and antennas on buildings proposed in residential, C-1 and C-2 Districts and antennas on buildings in preservation districts shall be subject to the following additional standards:
[1] 
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the subject site was chosen.
[2] 
The Planning Commission may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The service provider shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. In no case shall the fee be more than 5% of the total project cost as determined for building permit fee assessment purposes.
[3] 
The provider shall document, to the satisfaction of the Planning Commission, that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures and that the proposed location is necessary to provide adequate service to the public.
(b) 
In reviewing special permit applications required by this section, the Planning Commission shall consider the City's policy preferring that antennas are located on existing buildings, towers and other structures, rather than on newly constructed towers. When considering appropriate height in conjunction with such applications, the Planning Commission shall be more permissive when a facility is proposed for co-location by more than one service provider and less permissive when the facility is proposed for use by a single provider.
(3) 
Discontinuance of use. If the use of any facility is discontinued, the provider shall notify the Manager of Zoning within 90 days of such discontinuance. If the facility will be retained, the provider shall establish that the facility will be reused, and all necessary approvals obtained, within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Manager of Zoning, upon good cause shown, the one-year period for removal may be extended for a period not to exceed one additional year.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
E. 
Temporary installations. Temporary personal wireless telecommunication facilities erected to meet peak service needs for special community events shall require only a certificate of zoning compliance.
F. 
Exceptions and explanatory notes.
(1) 
Personal wireless telecommunication facilities may be repaired or maintained without restriction.
(2) 
Antennas may be replaced in kind without restriction.
(3) 
Other structures as referenced in this section include freestanding structures as well as structures attached to or located on buildings, such as antenna support structures, church spires, belfries, cupolas, domes, monuments, water towers, observation towers, penthouses, windmills, solar energy collectors and equipment used for the monitoring or operation of such collectors, chimneys, smokestacks, flagpoles, masts and similar structures.
Public utilities, except personal wireless telecommunication facilities, shall be subject to the following requirements:
A. 
Any structure shall be set back not less than 25 feet from all property lines or the minimum setback requirements of the applicable zoning district, whichever is greater.
B. 
No parking or storage areas/facilities shall be located in the front setback.
C. 
The uses shall be enclosed by a screen and landscaped as required by Article XX.
D. 
The storage of vehicles and equipment on the premises shall be prohibited.
E. 
All buildings and structures shall either have exteriors which give the appearance of a structure permitted in the district where located or shall be screened from view from any private property located in any residential district; any such screening located in or adjoining any front yard shall be limited to vegetation which provides effective year-round screening.
F. 
All such uses shall be fenced where any hazard to the safety of human or animal life is present.
G. 
No service or storage yard or building shall be permitted except as permitted for other uses in the district.
H. 
The level of noise emanating from such use shall not exceed 66 decibels (dB) by day and 45 dB by night measured at any lot line which is also the lot line of a property in a residential or planned development zoning district, or a permitted or specially permitted residential use in any other zoning district, if the residential use was established prior to the establishment of the utility.
Recycling centers shall be subject to the following requirements:
A. 
No curb cuts or driveways that provide access from a local or a collector street shall be used or established.
B. 
No curb cuts or driveways shall be located within 150 feet of any residential, planned development or open space district boundary line.
C. 
Recycling centers shall be located at least 500 feet from any residential, planned development or open space district.
Residential care facilities shall be subject to the following requirement:
A. 
No residential care facility shall be located within 1/4 mile of any other existing residential care facility regardless of municipal boundary lines.
[1]
Editor’s Note: Former § 120-146.1, Retail sales and service and pawnbrokers, added 9-19-2012 by Ord. No. 2012-363, as amended, was repealed 8-9-2016 by Ord. No. 2016-263.
Rooming houses shall be subject to the following requirements:
A. 
There shall be one staff person for each 15 residents.
B. 
No alteration to either the exterior or the interior of any principal or accessory structure shall be made which changes the character and appearance of the residential premises.
C. 
Only habitable rooms originally designed as bedrooms shall be used for lodging.
D. 
Each rooming house shall provide usable exterior open space, which may include any required yard area, of at least 200 square feet per unit.
E. 
Each rooming house shall provide interior common areas totaling at least 20 square feet per unit or 150 square feet, whichever is greater. Interior common space may be provided in any habitable room or rooms that are available to all residents at all times.
F. 
Each rooming house shall provide a minimum lot area of 750 square feet per unit.
G. 
Each rooming house shall provide 1/2 off-street parking space per rooming unit.
The purpose of this section is to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the City. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any speech, including sexually oriented speech. Similarly, this section is not intended to effect the restriction or denial of access by adults to speech protected by the First Amendment and New York Constitution, or to deny access by the distributors and exhibitors of sexually oriented speech to their intended market. Neither is the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. Sexually oriented businesses shall be subject to the following requirements:
A. 
Single adult use per location. There shall only be one sexually oriented business permitted on a single premises.
B. 
Measurement.
(1) 
Stock-in-trade: the number of items in stock in the sales and display area at the time of a site inspection. The number of sexually oriented items shall be calculated as a percentage of total items.
(2) 
Sales and display area: the entire interior floor space of a business establishment devoted to sales and display, including aisles, measured in square feet at the time of a site inspection. The floor space devoted to sales and display of sexually oriented materials shall be calculated as a percentage of total sales and display area.
(a) 
Where sexually oriented materials are physically separated from other materials by an eight-foot wall, the separate sales and display area (including any aisles) shall be compared to the total sales and display floor area.
(b) 
Where floor area includes a mixture of sexually oriented material with any other material, it shall be counted as sexually oriented. Any such area shall include 1/2 of the area of any aisles adjacent to the display or sales of sexually oriented materials.
C. 
Supplemental standards.
(1) 
Adult arcade , adult cabaret or adult retail store . An adult arcade, adult cabaret, or adult retail store shall be licensed by the City of Rochester and operated in accordance with Chapter 98 of the City Code.
(2) 
Adult movie theater . An adult movie theater shall be licensed by the City of Rochester and operated in accordance with Chapter 98 of the City Code. All aisles shall have theater runway and aisle lighting that illuminates the entire floor surface of the aisle at a level of not less than 0.2 footcandle.
(3) 
Adult retail store, limited .
(a) 
A limited adult retail store shall be operated in accordance with Chapter 98 of the City Code.
(b) 
The store shall separate all sexually oriented material from other sales and display areas using an opaque wall at least eight feet in height. Such an area shall incorporate a management-controlled system of access to ensure that only persons over the age of 18 years are allowed to enter.
(c) 
The owner or operator shall have the affirmative duty to prevent the public display of sexually oriented material at or within the portions of the business open to the general public.
(d) 
The store shall not advertise or hold itself out in any forum as "X...," "adult," "sex," or otherwise as a sexually oriented business.
D. 
Separation requirements.
(1) 
Measurement. The following separation requirements shall be measured from the lot line of a sexually oriented business to the lot line of a protected use or other sexually oriented business listed below. Where a multi-tenant facility such as a shopping center is involved, measurement shall occur from the boundary of the leasehold interest instead of the property line.
(2) 
Protected uses. For the purpose of measuring separation from sexually oriented businesses, "protected uses" shall include the following:
[Amended 7-19-2011 by Ord. No. 2011-247[1]]
(a) 
Public and semipublic uses, except police and fire stations;
(b) 
Indoor or outdoor stadiums;
(c) 
Places of worship; and
(d) 
Cultural entertainment facilities.
[1]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
(3) 
Distance requirements.
(a) 
Limited adult retail store or escort agency .
[1] 
Distance from any protected use: N/A.
[2] 
Distance from any residential district: N/A.
[3] 
Distance from any other limited adult retail store or escort agency: N/A.
[4] 
Distance from any other sexually oriented business: N/A.
(b) 
Adult arcade, adult cabaret, adult movie theater and adult retail store.
[1] 
Distance from any protected use: 1,000 feet.
[2] 
Distance from any residential district: 500 feet.
[3] 
Distance from any other limited adult retail store or escort agency: N/A.
(c) 
Distance from any other sexually oriented business: 1,000 feet.
(4) 
Location of sexually oriented businesses.
Use
C-1
C-2
C-3
M-1
Adult arcade
Not permitted
Not permitted
Not permitted
P
Adult cabaret
Not permitted
Not permitted
Not permitted
P
Adult movie theater
Not permitted
Not permitted
Not permitted
P
Escort agency
Not permitted
Not permitted
P
P
Retail store (up to 10% sexually oriented materials)
P
P
P
P
Retail store (limited 10% to 40%)
Not permitted
P
P
P
Retail store, adult
Not permitted
Not permitted
P
P
E. 
Specific nonconforming use provisions. A sexually oriented business lawfully operating in conformance with this chapter and Chapter 98 shall not be rendered a nonconforming use by the location, subsequent to its lawful establishment and licensing (if required), of a protected use listed in Subsection D(2) of this section which results in a violation of the distance requirements in this section.
[Added 7-19-2011 by Ord. No. 2011-247[1]]
In addition to the requirements set forth in Chapter 99 of the Municipal Code, shooting ranges shall be subject to the following requirements:
A. 
Shooting ranges shall be located at least 1,000 feet from any residential, village center, planned development or open space district, the Genesee River or the CCD and at least 500 feet from any commercial district.
B. 
In the event that a protest is presented to the Manager of Zoning no later than 24 hours before the Planning Commission is scheduled to consider the special permit, which protest is duly signed and acknowledged by the owners of 20% or more of the total of all properties located in residential, village center, planned development and open space districts within 1,000 feet of the subject property and in commercial districts within 500 feet of the subject property, a special permit shall not be approved except by a three-fourths vote of the Planning Commission.
[Amended 6-20-2017 by Ord. No. 2017-170]
[1]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
[Added 9-16-2015 by Ord. No. 2015-295]
Solar energy systems shall be subject to the following requirements:
A. 
The application for any approval of a solar energy system under this chapter shall include:
(1) 
A screening/landscaping plan that specifies the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system; and
(2) 
A detailed safety plan specifying the measures that will be used to prevent public access to unsafe areas and to provide for emergency response, including but not limited to the location, height, materials, and colors of fencing and other barriers to access and a safety signage plan that contains the locations, sizes and text of signs that will be used to warn the public away from unsafe areas and that shall include the name and phone number of an official of the owner or operator who can be contacted in the event there is an emergency or any question about safety.
B. 
No element of the system shall reflect sunlight or glare onto a neighboring property, public right-of-way, or aircraft flight path.
C. 
All solar energy system structures shall meet the district setbacks, provided that the setback from areas zoned or used residentially and from public rights-of-way shall be no less than 50 feet.
D. 
No grid-tied solar energy system shall be installed until evidence is provided that the owner is approved by the utility company to install the system.
E. 
The solar energy system shall be removed, at the owner's or operator's expense, within 180 days of determination by the Manager of Zoning that the system is no longer being maintained in an operable state of good repair or no longer supplying solar power.
[Amended 6-20-2017 by Ord. No. 2017-170]
(1) 
Removal shall include solar collectors, cabling, electrical components, accessory structures, and any associated facilities below grade.
(2) 
Disturbed earth shall be graded and reseeded, unless the Manager of Zoning approves a written request by the property owner that internal roads or other site improvements are not to be restored.
Except as otherwise expressly provided in this section, temporary uses are permitted in any zoning district subject to the standards hereinafter established and subject to the issuance of a certificate of zoning compliance.
A. 
Particular temporary uses permitted. Subject to the specific regulations and time limits that follow, and to the other applicable regulations of the district in which the use is permitted, the following temporary uses of land are permitted in the zoning districts herein specified:
(1) 
Agricultural uses.
(a) 
No permanent structure is allowed for agricultural uses.
(2) 
Carnival or circus.
(a) 
A carnival or circus may be permitted in any commercial or industrial district or in any residential district on property owned by any not-for-profit group or organization and when approved by the Manager of Zoning on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of any undue adverse impact on surrounding properties in the residential district.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(b) 
Such use shall be limited to a period not to exceed 21 days.
(c) 
Such use need not comply with the front yard requirements of this chapter, except that structures or equipment that might block the view of operators of motor vehicles on the public streets shall not be located within 30 feet of the intersection of the curblines of any two streets.
(d) 
Such use need not comply with the maximum height requirements of this chapter.
(3) 
Contractors' offices, equipment sheds and construction staging areas.
(a) 
Contractors' offices, equipment sheds and construction staging areas containing no sleeping or cooking accommodations may be permitted in any district when accessory to a construction project.
(b) 
Temporary storage shall be allowed as an accessory use to the contractor's office or equipment shed.
(c) 
Such use shall be limited to a period not to exceed the duration of such project.
(4) 
Festivals.
(a) 
Festivals shall be limited in duration.
(b) 
The hours of operation shall be limited.
(5) 
Indoor and outdoor art and craft shows, exhibits and sales.
(a) 
Indoor and outdoor art and craft shows, exhibits and sales may be permitted in any commercial or industrial district or in any public park in a residential district subject to proper approval of the park authorities.
(b) 
Such use shall be limited to a period not to exceed five days.
(6) 
Manufactured structure.
(a) 
A manufactured structure may be permitted in any district as a temporary structure during the reconstruction of a unit damaged or destroyed by any means not within the control of the owner of such unit.
(b) 
Such use shall be limited to the period of such reconstruction, and in any event no longer than 12 months following such damage or destruction.
(c) 
No such use shall be undertaken unless such manufactured structure shall have first been properly connected to City water and sewer lines and to all required public utilities.
(7) 
Real estate offices.
(a) 
Real estate offices containing no sleeping or cooking accommodations unless located in a model dwelling unit may be permitted in any district when accessory to a new housing development.
(b) 
Such use shall be limited to the period of the active selling or leasing of dwelling units in such development.
(8) 
Seasonal sales.
(a) 
Seasonal sales, including but not limited to Christmas tree sales, may be permitted in any commercial or industrial district and in any residential district on property owned by any not-for-profit group or organization when conducted by such group or organization and when approved by the Manager of Zoning on the basis of the adequacy of the parcel size, parking provisions and traffic access and the absence of undue adverse impact on other properties in the residential district.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(b) 
Such use shall be limited to a period not to exceed 45 days.
(c) 
Display of Christmas trees need not comply with the yard and setback requirements of this chapter, except that no tree shall be displayed within 30 feet of the intersection of the curblines of any two streets.
(9) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(9), concerning temporary handicapped access ramps, added 9-21-2010 by Ord. No. 2010-323, as amended, was repealed 9-19-2017 by Ord. No. 2017-299. Ordinance No. 2010-323 had also redesignated for Subsection A(9) as Subsection A(10).
(10) 
Food truck, trailer and cart vending, subject to the following:
[Added 5-20-2014 by Ord. No. 2014-127[2]; amended 10-18-2016 by Ord. No. 2016-325; 6-20-2017 by Ord. No. 2017-170; 7-18-2017 by Ord. No. 2017-202; 9-19-2017 by Ord. No. 2017-299]
(a) 
The Manager of Zoning may approve up to 60 food vending events per calendar year, except for:
[1] 
Special events approved through the Communications Office;
[2] 
Events approved by the Director of the Public Market on Public Market property;
[3] 
Food vending in public parks approved by the Department of Recreation and Human Services and/or the Monroe County Parks Department;
[Amended 10-13-2020 by Ord. No. 2020-316]
[4] 
Food vending included in the approval of farmer's markets operating on private property.
(b) 
Properties with the following legally established uses may apply for the temporary operation of food vending:
[1] 
Single-family, two-family, and multifamily residential (up to two events per year);
[2] 
Nonprofit, places of worship, and educational institutions (up to 60 events per year);
[3] 
Government entities (up to 60 events per year);
[4] 
Office, warehouse, industrial (up to 60 events per year);
[5] 
Mixed-use, retail, bars/restaurants (up to 60 events per year).
(c) 
Hours shall be limited to the permitted hours for outdoor uses in the zoning district. In no case shall food vending operations in residential districts be permitted between 9:00 p.m. and 9:00 a.m.
(d) 
The Manager of Zoning shall notify all property owners, both within and outside the municipal boundaries of the City of Rochester, within 100 feet from the property line of approved food vending events occurring three or more times per calendar year, and the official neighborhood contacts. At a minimum, the owners of 15 properties shall receive such notification.
(e) 
If the applicant for the temporary certificate of zoning compliance is not the property owner, the expressed, written permission of the property owner is required.
(f) 
In all cases, the temporary certificate of zoning compliance is valid for the calendar year and may be renewed on an annual basis.
(g) 
Food vending operations approved by a temporary certificate of zoning compliance shall also comply with all requirements and directives of the Rochester Fire Department and the Rochester Police Department.
(h) 
The temporary certificate of zoning compliance shall only approve operation for food vending operators that possess a valid solicitor's license issued by the City Clerk's office.
[2]
Editor’s Note: This ordinance also provided for the redesignation of former Subsection A(10) as Subsection A(11).
(11) 
Other temporary uses.
(a) 
Other temporary uses found by the Manager of Zoning to comply with the provisions of this section, but in no case shall they exceed a period of 30 days.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(b) 
Uses identified in specific districts in this chapter as prohibited, limited or specially permitted shall be limited to no more than 24 hours, no more than two times per year in that district.
B. 
Parking. Before approving any temporary use, the Manager of Zoning shall make an assessment of the total number of off-street parking spaces which shall be reasonably required for the particular use, its intensity, and the availability of other parking facilities in the area and shall approve such temporary use only if such off-street parking is provided.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
C. 
Hours or days of operation. No temporary use shall be operated during any hours or on any days of the week except such as are designated by the Manager of Zoning in the certificate required by this section on the basis of the nature of the temporary use and the character of the surrounding uses.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
Truck centers shall be subject to the following requirements:
A. 
No curb cuts or driveways that provide access to or from a local or a collector street shall be used or established.
B. 
No curb cuts or driveways shall be located within 150 feet of any residential, planned development or open space district boundary line.
C. 
No trucks, tractors or trailers shall be maneuvered, parked, fueled, stored, loaded or unloaded within 100 feet of any residential, planned development or open space district boundary line.
D. 
No vehicles or equipment accessory thereto shall operate engines or motors for refrigeration or other purposes between the hours of 10:00 p.m. and 7:00 a.m. the following day unless parked more than 150 feet from any residential, planned development or open space district boundary line.
E. 
The applicant shall submit an analysis of the traffic impact of the proposed development that addresses the following:
(1) 
Projections of required parking;
(2) 
On-site-generated and off-site traffic to be expected on streets in the vicinity upon completion of the proposed development;
(3) 
Recommendations for techniques or improvements to deal with any projected traffic congestion or conflicts.
[Amended 12-20-2005 by Ord. No. 2005-394]
A. 
Vehicle storage areas shall be surfaced with an asphalt or portland cement binder pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system connected to a public sewer system.
B. 
No repairs, other than minor repairs, shall be performed on the premises, and any such minor repairs shall be performed only within the principal building on the premises.
C. 
All storage of material, merchandise and equipment shall be within the principal building, with the exception of refuse and trash, which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from ground level.
D. 
Outdoor display of rental vehicles shall be set back a minimum of 20 feet from all lot lines abutting residentially zoned or developed property. Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of vehicle rental operations from all points on such residential property when viewed from ground level.
E. 
Perimeter landscaping shall be a minimum of 10 feet along the street frontage(s).
F. 
Vehicle storage areas shall be subject to the off-street parking requirements set forth in § 120-173F(2) and (3).
G. 
An office structure to serve the vehicle rental operation shall be located on the same lot.
[Amended 12-20-2005 by Ord. No. 2005-394]
Vehicle repair stations shall be subject to the following requirements:
A. 
No such use shall be established on a property located within 50 feet of any residential district boundary line.
B. 
All repairs shall be performed within an enclosed principal building on the premises.
C. 
No outdoor storage of materials, merchandise, and equipment shall be permitted during nonbusiness hours. Storage of materials, merchandise, and equipment during nonbusiness hours shall take place within the principal building or within closed, secure containers, such as outdoor storage cabinets, with the exception of refuse and trash, which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from ground level. Outdoor storage may be permitted in the C-3 and M-1 Districts subject to the requirements for outdoor storage set forth in § 120-175B.
D. 
Perimeter landscaping shall be a minimum of 10 feet along street frontage(s).
E. 
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of repair operations from all points on such residential property when viewed from ground level.
F. 
Accessory sales of vehicles are allowed only in C-3 and M-1 Districts, provided vehicles on display for sale do not occupy the required parking spaces. Vehicle sales storage areas shall be subject to the off-street parking requirements set forth in § 120-173F(2) and (3).
G. 
No partially dismantled, wrecked or unlicensed vehicle shall be stored for more than 72 hours outside of a completely enclosed building.
[Amended 6-17-2003 by Ord. No. 2003-183; 12-20-2005 by Ord. No. 2005-394; 9-21-2010 by Ord. No. 2010-323]
Vehicle sales shall be subject to the following requirements:
A. 
No vehicle sales area shall be located within 50 feet of any residential district boundary line.
B. 
Outdoor vehicle sales areas shall be surfaced with an asphalt or portland cement binder pavement providing an all-weather, durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system connected to a public sewer system.
C. 
No repairs, other than minor repairs, shall be performed on the premises, and any such minor repairs shall be performed only within the principal building on the premises.
D. 
All storage of material, merchandise and equipment shall be within the principal building, with the exception of refuse and trash, which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from ground level.
E. 
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
F. 
Perimeter landscaping shall be a minimum of 10 feet along the street frontage(s).
G. 
Vehicle sales shall be subject to the off-street parking requirements set forth in § 120-173F(2) and (3).
H. 
A sales office structure shall be located on the same lot as the vehicle sales.
I. 
No partially dismantled or wrecked vehicle shall be stored for more than 72 hours outside of a completely enclosed building.
[Amended 7-27-2004 by Ord. No. 2004-240; 12-20-2005 by Ord. No. 2005-394]
Vehicle service stations shall be subject to the following requirements:
A. 
No outdoor storage of materials, merchandise and equipment shall be permitted during nonbusiness hours. Storage of materials, merchandise and equipment during nonbusiness hours shall take place within the principal building or within closed, secure containers such as outdoor storage cabinets.
B. 
Refuse and trash may be stored outdoors at all times only if placed in closed containers located in an area screened from view at all points on any public or private property or street when viewed from ground level.
C. 
No partially dismantled, wrecked or unlicensed vehicle shall be stored for more than 72 hours outside of a completely enclosed building.
D. 
Screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of vehicle service station operations from all points on such residential property when viewed from ground level.
E. 
Vehicle service stations shall be subject to the sign restrictions outlined in § 120-177. In addition, when calculating the square footage of signage for vehicle service stations, the square footage shall include all attached, detached and window signs, canopy signs and graphics and signs on pumps
F. 
An accessory car wash shall have no more than a single point of access for entering and exiting, shall be arranged to prevent drive-through operation and shall be limited to a single bay.
G. 
Queuing lanes shall be subject to the requirements applying to all districts in § 120-174.
H. 
Vehicle service stations shall be subject to the lot, area, yard and bulk requirements of the applicable district, but in no case shall perimeter landscaping along the street frontage(s) be less than 10 feet.
[Added 9-21-2010 by Ord. No. 2010-323]
In addition to the requirements set forth in Chapter 108A of the Municipal Code, vehicle towing and storage shall be subject to the following:
A. 
No such use shall be established on a property located within 50 feet of any residential district boundary line.
B. 
Perimeter landscaping shall be a minimum of 10 feet along a street frontage(s).
C. 
No fence shall be constructed within 10 feet of any street frontage.
D. 
An office structure shall be located on the same lot for all towing operations.
E. 
No partially dismantled, wrecked or unlicensed vehicle shall be stored for more than 72 hours outside of a completely enclosed building.
F. 
Vehicle towing and storage lots shall be subject to the requirements in § 120-173, Off-street parking.
G. 
Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.
Waste stations shall be subject to the following requirements:
A. 
No curb cuts or driveways that provide access from a local or a collector street shall be used or established.
B. 
No curb cuts or driveways shall be located within 150 feet of any residential, planned development or open space district boundary line.
C. 
Storage shall be at least 500 feet from any residential or open space district or the Genesee River.
D. 
Storage shall be at least 200 feet from any commercial district.
E. 
If burning is to be conducted on the premises, an incinerator acceptable to the Manager of Zoning shall be provided for burning, and all such burning shall be in compliance with the standards of the State of New York relating to air pollution.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
F. 
All refuse trucks and refuse trailers shall be empty of refuse when parked or stored on the premises.