City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[Amended 9-19-2017 by Ord. No. 2017-299]
A. 
The requirements applying to all districts regulate activities, uses, structures, conditions and treatments that may be present on a property whether or not a principal structure or use is present. These requirements contribute to and promote the health, safety, comforts, conveniences and/or necessities of the property's occupants, the immediate neighborhood and/or the entire Rochester community. These requirements apply to all districts except the CCD.
B. 
For uses 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 uses that do not require a special permit, a requirement imposed by this article may be waived by the Zoning Board of Appeals by means of a use or area variance in accordance with § 120-195B. Prior to making a determination, the Planning Commission or the Zoning Board of Appeals shall evaluate the following factors:
(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.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-22-2003 by Ord. No. 2003-232; 7-27-2004 by Ord. No. 2004-240; 12-20-2005 by Ord. No. 2005-394; 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 7-19-2011 by Ord. No. 2011-247; 4-23-2014 by Ord. No. 2014-84; 6-20-2017 by Ord. No. 2017-170]
Accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district. No accessory use or structure shall be established or constructed until the primary use or structure is constructed and unless a certificate of zoning compliance evidencing the compliance of such use or structure shall have first been issued in accordance with § 120-189. Accessory uses and structures deemed to be similar in nature and appropriate by the Manager of Zoning may also be allowed in the City of Rochester.
A. 
For residential uses, the following accessory uses and structures are permitted:
(1) 
All detached accessory structures and uses, except for the driveway, accessory to a residential use shall be located in the rear yard, including, but not limited to:
(a) 
Child's playhouse.
(b) 
Decks, patios and terraces.
(c) 
Detached residential garage or carport.
(d) 
Fallout shelters, provided that they shall not be used for any principal or accessory use not permitted in the zoning district.
(e) 
Fire escapes, but only when located on that portion of the dwelling bordering on the side or rear yard.
(f) 
Freestanding radio antennas and dish antennas limited to one meter or less in diameter.
(g) 
Guesthouse or servants quarters, located in the rear yard, not including kitchen facilities; provided, however, that such structures are used only for the housing of persons employed on the premises or for the occasional housing of guests of the occupants of the principal building and not as rental units or for permanent occupancy as dwelling or rooming units for persons other than such employees.
(h) 
Outdoor parking or storage of no more than one boat and boat trailer, camping trailer, ATV, camping vehicle or the like, provided that such boat, trailer or vehicle shall not be used for living, sleeping or housekeeping purposes.
(i) 
Private swimming pool and bathhouse and limited to use by the occupants and their guests.
(j) 
Solar energy systems.
(k) 
Storage structure with a maximum of one.
(l) 
Tennis courts limited to use by the occupants thereof and their guests.
(m) 
Wind energy conversion systems.
(2) 
Attached residential garages, carports, decks and terraces located in the side and rear yard.
(3) 
Building management offices when limited to the management of the building in which such office is located or a complex of buildings forming an integrated development of which such building is a part.
(4) 
Vehicle repair of noncommercial vehicles on residential premises when performed:
(a) 
By a resident of the premises;
(b) 
On a legal, off-street parking space;
(c) 
On a vehicle owned, licensed and operated for personal use by a resident of the premises; and
(d) 
Between the hours of 7:00 a.m. and 10:00 p.m.
(5) 
Fences and walls subject to the provisions of § 120-167, Fences and walls.
(6) 
Handicapped access ramps and wheelchair lifts when located so as not to block windows, force the enclosure of an open front porch, or obstruct access to required parking.
[Amended 9-19-2017 by Ord. No. 2017-299]
(7) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(7), concerning vertical wheelchair lifts, was repealed 9-19-2017 by Ord. No. 2017-299. For wheelchair lifts, see Subsection A(6).
(8) 
Home occupations, subject to the additional requirements for specified uses in § 120-139.
(9) 
Green infrastructure techniques, such as rain barrels, rain gardens, or bioswales, when located in the side or rear yard.
(10) 
Electric vehicle charging stations when located in the side or rear yard.
B. 
For nonresidential uses, the following accessory uses and structures are permitted:
(1) 
Background entertainment.
[Amended 11-12-2019 by Ord. No. 2019-325]
(2) 
Commercial vending machines in the PMV, C-3 and M-1 Districts but not within the required setbacks, and if located within 150 feet of a residential district, the machine shall be screened from the residential district.
(3) 
Decks, patios and terraces when associated with a legal outdoor seating/assembly area.
(4) 
Detached garage, but only in the rear yard.
(5) 
Dish antennas two meters or less in diameter located in the rear yard in the C-1, C-2, C-3 and M-1 Districts.
(6) 
Fences and walls subject to the provisions of § 120-167, Fences and walls.
(7) 
Fire escapes, but only when attached to that portion of the dwelling bordering on the side or rear yard.
(8) 
Freestanding radio antennas located in the rear yard.
(9) 
Parking lots and parking areas, including electric vehicle charging stations.
(10) 
Solar energy systems located in the rear yard.
(11) 
Storage structure, one, incidental to a permitted use located in the rear yard.
(12) 
Temporary outdoor display of retail merchandise subject to the requirements for outdoor display set forth in § 120-176.
(13) 
Walkup service windows facing any public right-of-way when accessory to a permitted retail sales and service use.
(14) 
Wind energy conversion system located in the rear yard, subject to site plan approval.
(15) 
Handicapped access ramps and wheelchair lifts when located so as not to block windows, force the enclosure of an open front porch, or obstruct access to required parking.
(16) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection B(16), concerning vertical wheelchair lifts, was repealed 9-19-2017 by Ord. No. 2017-299. For wheelchair lifts, see Subsection B(15).
(17) 
Green infrastructure techniques, such as rain barrels, rain gardens, or bioswales, when located in the side or rear yard.
C. 
For open space uses, the following accessory uses and structures are permitted:
(1) 
Fences and walls subject to the provisions of § 120-167, Fences and walls.
D. 
Prohibited accessory structures or use.
(1) 
Except as permitted in § 90-15B(7) of the Municipal Code, no vehicle of any kind or type without current license plates shall be parked or stored on any residentially zoned property other than a completely enclosed building.
(2) 
Outdoor placement of commercial vending machines anywhere on a site in a residential, C-1, C-2 or H-V District.
(3) 
The storage or parking of commercial vehicles on any residentially developed property in a residential zoning district other than in a completely enclosed building.
A. 
Emissions to the outdoor atmosphere, including but not limited to any dust, fumes, gas, mist, odor, smoke, vapor, toxic or deleterious emission, either alone or in combination with others, are subject to the specific air quality standards and emissions limits set forth in the Federal Clean Air Act and the New York State Air Pollution Control Rules and Regulations as administered by the New York State Department of Environmental Conservation (NYSDEC).
B. 
Notwithstanding the existence of any New York State or federal permits or approvals, no use or structure shall emit smoke, dust, heat or heated air, noxious odors, odorous gases or other matter in such quantities as to be readily discernible on neighboring property and detrimental to the use and enjoyment of such neighboring property.
[Amended 9-21-2010 by Ord. No. 2010-323]
A. 
Dumpsters. Dumpsters must be completely screened from view when visible from any residential or open space district or public street or walkway with screening that is at least as tall as the dumpster. This provision shall apply to all dumpsters, including those used for the collection and storage of recyclable materials, whether public or private.
B. 
Refuse collection areas in all districts. Refuse collection areas for multifamily, commercial and industrial uses shall be subject to the following:
(1) 
All refuse collection areas shall be in the side and rear of the buildings.
(2) 
All refuse collection areas should be effectively designed to contain all refuse generated on site and deposited between collections. Deposited refuse should not be visible from outside the refuse enclosure.
(3) 
Screening shall be of sufficient height and density to completely hide the storage from public view. All screening shall be maintained in such manner as to present a neat and orderly appearance at all times.
(4) 
Refuse collection areas should be so located upon the lot as to provide clear and convenient access to refuse collection vehicles.
[Amended 12-20-2005 by Ord. No. 2005-394; 9-21-2010 by Ord. No. 2010-323; 11-15-2011 by Ord. No. 2011-349; 2-21-2017 by Ord. No. 2017-30]
The intent of this section is to establish standards to prevent the overcrowding of dwelling units and to ensure satisfactory amenities as conversions take place. Conversion of existing buildings to increase the number of dwelling units contained in them presents issues surrounding overcrowding, parking, open space and neighborhood character. Dwelling unit conversions that do not meet the standards established in this section may be permitted only upon a showing of unnecessary hardship in accordance with the provisions of § 120-195, unless otherwise prohibited, with the exception that the Zoning Board of Appeals may waive the dwelling unit conversion standards in residential districts for the proposed conversion of all or a portion of nonresidential floor area to residential use based on the standards for an area variance.
A. 
Increase in number of dwelling units. Conversion of existing buildings to increase the number of dwelling units contained in them presents issues surrounding overcrowding, parking, open space and neighborhood character. Dwelling unit conversions that do not meet the standards established in this section may be permitted only upon a showing of unnecessary hardship in accordance with the provisions of § 120-195, unless otherwise prohibited.
(1) 
Minimum unit size. No dwelling unit conversion shall be permitted which results in any dwelling unit having less than the minimum habitable floor area required by the following:
(a) 
Zero bedroom: 500 square feet.
(b) 
One bedroom: 650 square feet.
(c) 
Two bedrooms: 800 square feet.
(d) 
Three bedrooms: 950 square feet.
(e) 
Four bedrooms: 1,100 square feet.
(f) 
Five bedrooms: 1,250 square feet.
(2) 
Minimum building size. No dwelling unit conversion shall be permitted in a structure with less than 1,500 square feet of habitable floor area.
(3) 
Minimum lot area requirements. No building located on a lot having an area of less than 6,000 square feet shall be converted to create a two-family dwelling, and no building located on a lot of less than 9,000 square feet shall be converted to create a multiple-family dwelling.
(4) 
Parking regulations. No dwelling unit conversion shall be permitted unless the dwelling shall, following such conversion, comply with all off-street parking and loading regulations required by §§ 120-173 and 120-172.
B. 
Decrease in number of dwelling units. Conversion of existing buildings to decrease the number of dwelling units requires alterations or modifications which ensure that the discontinued dwelling unit is permanently and fully integrated into a legal dwelling unit with unimpeded access throughout the legal unit. Dwelling unit conversions that do not meet the following requirements may be permitted only upon approval of an application for an area variance in accordance with the provisions of § 120-195.
(1) 
Unimpeded access. Unimpeded access shall be evidenced by the removal of all partitions, inoperable doorways and other obstructions that impede or prevent access throughout the dwelling unit.
(2) 
Removal of appurtenances. The integration of a discontinued dwelling unit shall be further evidenced by the removal of those appurtenances that previously supported the discontinued dwelling unit and may include the removal of the kitchen (including appliances, cupboards, plumbing, utility connections, etc.) and utility meters, in excess of one meter per dwelling unit, except in the case of two or more dwelling units where an additional house meter may be permitted.
The following requirements for fencing and walls apply to all districts in the City of Rochester:
A. 
Fences on lots with no principal structure. Fences may be permitted on lots with no principal structure subject to the requirements of this section.
B. 
Fence heights.
(1) 
The height of all fences or walls shall be measured from the average finished grade within two feet of the fence line.
(2) 
No fence or wall in a residential or village center district shall exceed six feet in height in the side and rear yards, except, where contiguous to a commercial or industrial district and use, a fence height of 8 feet shall be allowed in the side or rear yard on the shared property line only.
[Amended 7-19-2011 by Ord. No. 2011-247[1]]
[1]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
(3) 
A fence of 12 feet shall be allowed to enclose a private or public tennis court or public basketball courts.
(4) 
Within nonresidential districts no fence shall exceed eight feet in height.
[Amended 6-17-2003 by Ord. No. 2003-183]
(5) 
Within residential and village center districts, no fence shall exceed four feet in height within the front yard of any lot, other than a retaining wall made necessary by a natural topographic grade change.
[Amended 6-17-2003 by Ord. No. 2003-183; 9-21-2010 by Ord. No. 2010-323; 7-19-2011 by Ord. No. 2011-247[2]; 9-19-2017 by Ord. No. 2017-299]
[2]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
(6) 
Within nonresidential districts, a ten-foot perimeter landscaped setback shall be required in conjunction with any fence or wall proposed along any street frontage, except a decorative fence or wall of no more than three feet in height in conjunction with landscaping may encroach in the required setback area.
[Added 6-17-2003 by Ord. No. 2003-183; amended 9-21-2010 by Ord. No. 2010-323]
C. 
Fence surfaces.
[Amended 9-21-2010 by Ord. No. 2010-323; 7-19-2011 by Ord. No. 2011-247[3]]
(1) 
In residential and village center districts, fences not more than sixty-percent solid may be located in any front yard.
(2) 
All solid fences shall be installed so that the finished side shall face outward; all bracing shall be on the inside of the fence, and the outward-facing side shall be of similar materials and colors as the inward-facing side.
(3) 
No chain-link fencing shall be permitted in the front yard of a residential structure or a property located in a residential or village center district unless an administrative adjustment is approved as set forth in § 120-191.
[3]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
D. 
Street intersections. In residential districts, at all street intersections, no obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height shall be erected or maintained on any lot within the triangle formed by the street lines on such lot and a line drawn between points along such street line rights-of-way 30 feet distant from the point of intersection.
E. 
Design and maintenance.
(1) 
All required fences and walls shall be maintained and, when necessary, repaired or replaced.
(2) 
Wooden retaining walls are prohibited.
[1]
Editor's Note: Former § 120-168, Floodplain regulations, as amended, was repealed 8-12-2008 by Ord. No. 2008-296, effective 8-28-2008. See Ch. 56, Flood Damage Prevention.
A. 
Landscaping requirement, general. For purposes of this section, the landscaped area shall include the area required or permitted, under this section, to be devoted to landscaping and environmental improvement, which may include existing and new vegetation, berms, lighting, street furnishings and ornamental features which are integrated with the vegetation. The following standards shall be observed for all projects subject to this section:
(1) 
[1]In general, landscaped areas shall be located along public streets and sidewalks.
[1]
Editor's Note: Former Subsection A(1), concerning the minimum ground area to be landscaped, as amended, was repealed 9-21-2010 by Ord. No. 2010-323, which ordinance also provided for the renumbering of former Subsection A(2) through (11) as Subsection A(1) through (10), respectively.
(2) 
All landscaped areas must be within an excavated area and not placed in containers on top of a hard surface.
(3) 
A landscaped area shall have a minimum width of five feet excluding curbs, retaining walls or similar enclosing structures.
(4) 
All landscaped areas shall be mulched.
(5) 
Landscaping materials shall be contained so as not to spill or intrude into the public right-of-way.
(6) 
Wooden timbers may not be used for containing a landscaped area.
(7) 
All trees shall be planted and maintained to grow upright and plumb and the tree pit mulched.
(8) 
The use of synthetic vegetation (turf, plastic plants, etc.) shall not be allowed for any required landscaping.
(9) 
A landscape maintenance plan must accompany every site plan.
(10) 
The applicant may submit an alternative landscaping plan that includes an alternate way of meeting the landscaping requirements that may include masonry or stone street walls, more mature plant materials, hedges, public art or other similar amenities to improve the aesthetics of the site. Such alternative landscaping plan shall require a minor site plan review as outlined in § 120-191D. The alternative landscaping plan shall be prepared by a licensed professional.
B. 
Plant sizes and specifications.
(1) 
Tree and plant species provided to meet the landscaping and screening standards of this section shall comply with the City of Rochester Approved Plant Materials List.
(2) 
The minimum size for a shrub shall be 24 inches in height at the time of planting.
(3) 
The number of shrubs shall be determined by requiring one shrub for every 15 feet of perimeter of the lot.
(4) 
The minimum size for a tree shall be two-inch caliper.
(5) 
The number of trees shall be determined by requiring one tree for every 40 feet of perimeter of the lot. Trees planted in the right-of-way may count towards this requirement. An existing tree may be counted towards meeting the requirements of this provision provided that the tree has a caliper of at least three inches, is viable and is approved for that purpose by the Manager of Zoning. Such trees must be depicted on the landscape plan.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(6) 
When a combination of trees and shrubs is proposed, one tree may be substituted by three shrubs.
(7) 
Ground covers planted to satisfy the standards of this section shall have a minimum container size of one gallon.
(8) 
The Manager of Zoning may waive these requirements if the overall objectives of the ordinance are met and the general character of the area and community goals are protected in conjunction with an alternative landscaping plan .
[Amended 6-17-2003 by Ord. No. 2003-183; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
C. 
Ground treatments.
(1) 
Mulch shall be installed and maintained at a minimum depth of three inches on all planted areas except where ground cover plants are fully established.
(2) 
Turf areas shall be planted with species suitable as permanent lawns in the region. Turf areas may be sodded or seeded. Turf on impermeable surfaces shall be prohibited. Additional maintenance shall be provided until coverage is complete.
(3) 
Other ground covers suitable for the soil and climate conditions of the area may be approved within required landscape areas.
(4) 
The Manager of Zoning may waive these requirements if the overall objectives of the ordinance are met and the general character of the area and community goals are protected in conjunction with an alternative landscaping plan .
[Amended 6-17-2003 by Ord. No. 2003-183; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
D. 
Screening.
(1) 
Screening shall be required for any nonresidential use where it abuts an area zoned or used residentially on the ground floor.
(2) 
Unless a perimeter landscaped open space, a minimum of 10 feet in depth, is provided, a durable and well-maintained solid wall, fence or other screening device, not less than four feet nor more than six feet in height, shall be provided along every lot line shared in common by a parking lot and a lot devoted to any residential use.
E. 
Landscaping plans and additional information.
(1) 
Guidelines. The following guidelines shall be used in developing all landscaping plans:
(a) 
Plants selected shall be suited to the climate and region as well as the geologic and topographic conditions of the site. Protection and preservation of native plant materials and natural areas are encouraged.
(b) 
Water-intensive ornamental plant materials shall not exceed 10% of the total landscaped area.
(c) 
Decorative water features should use recirculating water, when possible.
(d) 
When providing for privacy and screening for adjacent land uses, visual, noise and air quality factors shall be considered.
(e) 
All plant materials located in snow storage areas shall be selected to withstand the conditions associated with these areas. Additionally, all parking lot landscaping shall be salt tolerant.
(2) 
Landscape plan. Landscaping plans shall be drawn to scale, including dimensions and distances, and shall clearly delineate:
(a) 
Plant materials, including trees, shrubs, ground cover, turf and other vegetation, shall be shown clearly on the plan. In addition, plants shall be labeled by botanical name, common name, caliper or container size, spacing and quantities in each group;
(b) 
Property lines and street names;
(c) 
Streets, driveways, walkways and other paved area;
(d) 
Pools, ponds, water features, lighting fixtures, fences and retaining walls;
(e) 
Existing and proposed buildings and structures, including elevation, if applicable;
(f) 
Natural features, including but not limited to rock outcroppings, and existing plant materials that will be preserved;
(g) 
Tree staking, plant installation, soil preparation details and all other applicable planting and installation details;
(h) 
Calculation of the total landscaped area;
(i) 
Designation of recreation areas, if applicable.
F. 
Maintenance. All required planting shall be permanently maintained in good condition and, when necessary, replaced with new plant material to ensure continued compliance with these standards. For the purpose of enforcement, the property owner shall be responsible for maintenance. Maintenance shall include watering, weeding and pruning.
G. 
Protected areas during grading and construction. During grading and construction, a protected area extending outward to the drip line of each tree shall be provided within which paving, grading, or the storage of dirt, building materials, debris, or any other materials or any other equipment shall not be allowed. Each protected area shall be enclosed by a barrier constructed in a manner required and approved by the Manager of Zoning. Failure to maintain barriers may result in revocation of the building permit. Permanent soil stabilization to prevent soil loss and protect water quality shall be required and include:
[Amended 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(1) 
Permanent soil stabilization treatments include establishment of lawn cover or ground cover, mulch or retaining wall as appropriate to the slope and use.
(2) 
Permanent restoration or stabilization of swales, drainage channels, stream, canal, riverbanks and shoreline disturbed by construction should be required. Soil retention treatments include use of stone, geo-textile and/or vegetative cover.
(3) 
Determination of the structural stability and/or required stabilization of existing or proposed slopes steeper than 50%, rock cuts or river gorge shall be required. The required barriers shall be constructed by the property owner and approved by the Manager of Zoning prior to issuance of a building permit. Protective barriers shall be maintained until issuance of a certificate of occupancy. The Manager of Zoning may reduce the protected area if he or she determines a larger area is not necessary to the survival and health of the tree.
[Amended 2-14-2006 by Ord. No. 2006-22; 6-20-2017 by Ord. No. 2017-170]
The following lighting design standards and guidelines are provided to ensure coordinated, safe and functional lighting systems in each development. The site lighting requirements include:
A. 
Standards.
(1) 
No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare that is visible from any point along a lot line.
(2) 
Pedestrian areas, plazas and walk lights shall not exceed 15 feet in height and should be designed to be harmonious with light fixtures on site.
(3) 
All light fixtures shall be concealed source fixtures except for pedestrian-oriented accent lights.
(4) 
Security lighting fixtures shall not project above the facade or roofline of any building and are to be shielded. Lighting shields shall be painted to match the surface to which they are attached. Security lighting fixtures shall not be substituted for parking lot or walkway lighting fixtures and are restricted to lighting only loading and storage locations or other similar areas requiring security lighting.
(5) 
Service-area lighting shall be contained within the service yard boundary. No light spillover shall occur outside the service area; the light source shall not be visible from the street.
(6) 
Exterior wall-mounted floodlights shall be prohibited except for security lighting in enclosed service courtyards.
B. 
Guidelines.
(1) 
Soft lighting of building faces is encouraged. Building lighting should be indirect in character. Indirect wall lighting or "wall-washing" overhead downlighting or interior illumination that spills outside is encouraged. Architectural lighting should articulate the particular building design and provide required functional lighting for safety and clarity of pedestrian movement.
(2) 
When possible, overhead wiring should be avoided.
[Amended 9-21-2010 by Ord. No. 2010-323]
All uses shall be subject to Chapter 75 of the Municipal Code. The following uses shall be subject to the following regulations:
A. 
Outdoor paging systems and speakers. Outdoor paging systems and speakers shall not be located within 150 feet of any residential district. This standard shall not apply to face-to-face, drive-up teller windows or remote teller systems where all of the following conditions exist:
(1) 
Cashiers and customers have direct, face-to-face contact;
(2) 
Drive aisles are abutting the primary structure; and
(3) 
The remote appliance is directed away from the residential district.
A. 
Location of required loading spaces. Loading spaces shall be located on the same lot, or on a directly adjoining lot in the same zoning district, as the building or structure to which they are accessory. No loading space shall be located in any required front yard setback.
B. 
Required spaces. Loading spaces shall be provided in sufficient number and of sufficient size so that no loading and unloading operations infringe upon any street or sidewalk.
C. 
Design and maintenance. Every loading space shall be designed, constructed and maintained in accordance with the standards and requirements herein set forth:
(1) 
Screening.
(a) 
Sufficient screening shall be provided along all lot lines abutting any residentially zoned or developed property to buffer the residential use from all operations, materials and vehicles within any loading space.
(b) 
Loading areas accessory to commercial uses, shopping centers or planned business developments shall be so located and screened from public view.
(2) 
Design standards.
(a) 
Each loading space shall have the following minimum dimensions, in feet, except for those spaces approved by the Manager of Zoning after site plan review:
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
Type
Width
Length
Height
Tractor-trailer
Other
12
12
55
35
14
14
(b) 
Loading spaces shall be designed and arranged to provide access to a street or alley in a manner that shall create the least possible interference with traffic movement. Access to and from the right-of-way to the loading spaces shall be referred to the City Engineer for comment.
(c) 
Every loading space 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. Individual stalls shall be clearly identified by markings four inches to six inches in width.
(d) 
Loading and unloading operations shall take place wholly within the site.
(e) 
No part of a loading area utilized for the access, maneuvering and temporary parking of delivery vehicles shall also be used for the parking of employee or customer vehicles.
(f) 
No part of a loading area shall be utilized for the open air outdoor storage of materials, merchandise and equipment.
(g) 
When any part of a loading area is also utilized for refuse and trash disposal and storage purposes, all outdoor containers shall be closed and permanently stationed in an area that is easily accessible for pickup and removal and that satisfies the screening requirements of this chapter.
(h) 
Loading and unloading operations shall be designed so they minimize the number and width of curb cuts.
A. 
Change in use or intensity.
(1) 
Whenever a use existing on the effective date of this chapter is changed thereafter to a new use, parking facilities shall be provided as required herein for such new use, except that when any such existing use was deficient in required parking spaces on such effective date, such new use may be established with a deficiency in required parking spaces equal in number to not more than such preexisting deficiency.
(2) 
Whenever the intensity of use of any building, structure or use is increased, parking facilities shall be provided for such increase in intensity of use.
B. 
Measurement and computation.
(1) 
Computation of required spaces.
(a) 
When determination of the number of required parking spaces results in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded and fractions over 1/2 shall require one parking space.
(b) 
In stadiums, sports arenas, churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating facility shall be counted as one seat for the purpose of determining the requirement for off-street parking facilities under this chapter.
(c) 
When parking spaces are required on the basis of the number of faculty, staff, students or employees, the maximum number present at any one time shall govern.
(2) 
Uses not specified. For uses not expressly listed in this section, parking spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the Manager of Zoning to interpret the provisions of this chapter.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(3) 
Parking demand analysis. For uses expressly listed in this section requiring parking demand analysis, such analysis shall be submitted to the Manager of Zoning for approval and will include, at a minimum:
[Amended 7-27-2004 by Ord. No. 2004-240; 9-21-2010 by Ord. No. 2010-323; 6-20-2017 by Ord. No. 2017-170]
(a) 
The anticipated number of parking spaces needed to accommodate the proposed use.
(b) 
How the parking spaces are accommodated (on site, public lots, on street, etc.).
(c) 
Rationale supporting the necessity for the requested number of parking spaces.
(d) 
Analysis of existing parking conditions.
(e) 
The typical peak-to-daily demand of the proposed use.
(f) 
Analysis of parking demand of comparable uses.
C. 
Required parking spaces.
(1) 
Vehicular parking. For the following uses, the number of off-street parking spaces shall include:
[Amended 6-17-2003 by Ord. No. 2003-183; 12-20-2005 by Ord. No. 2005-394; 7-19-2011 by Ord. No. 2011-247; 9-19-2017 by Ord. No. 2017-299; 11-12-2019 by Ord. No. 2019-325]
Use
Minimum
Residential
Single-family detached, semidetached, two-family and attached dwelling
1 per dwelling unit
Multifamily dwelling
1 per efficiency unit
1 per 1-bedroom unit
1.2 per 2-bedroom unit
1.5 per 3-bedroom or larger unit
Senior housing
Parking demand analysis
Rooming houses
0.5 per rooming unit
Homeless shelters
1 per every 2 employees
Educational and Religious
College or university
Parking demand analysis
Day care or nursery
1 per 6 persons enrolled
Dormitory (off campus), fraternity or sorority
Parking demand analysis
Dormitory (on campus)
Parking demand analysis
Place of worship
1 per 4 seats
Schools, elementary and intermediate
2 per classroom
School, secondary
1 per 10 students plus 2 per classroom
Cultural and Recreational
Amusement center
2 per 1,000 square feet net floor area
Auditorium
1 per 4 seats
Boat launch
10 vehicle spaces per ramp plus 30 trailer spaces per ramp
Bowling alley
2 per lane
Community center
3 per 1,000 square feet net floor area
Convention hall
Parking demand analysis
Health clubs and similar facilities
4 per 1,000 square feet net floor area
Public entertainment
0.5 per allowable occupancy
Library
1 per 1,000 square feet net floor area
Marina or pier
1 per boat slip without charter boat; 2 per boat slip with charter boat
Museum or art gallery
2 per 1,000 square feet net floor area
Private club or lodge
1 per 50 square feet net floor area
Skating rink
1 per 5 persons design capacity
Stadium or sports arena
1 per 5 seats
Swimming pool
1 per 4 persons design capacity
Tennis club
3 per court
Tour boat operation
1 per 2 persons Coast Guard rated capacity
Government, Safety and Health
Hospital
Parking demand analysis
Medical clinic, medical office
5 per 1,000 square feet net floor area
Nursing home, health-related facility
Parking demand analysis
Residential care facility
Parking demand analysis
Manufacturing and Industrial
All uses
1 per 2 employees or parking demand analysis
Retail
Furniture, carpet or floor covering store
1 per 1,000 square feet net floor area
General retail
2 per 1,000 square feet net floor area
Services
Bank
2 per 1,000 square feet net floor area
Bar, tavern, restaurant
10 per 1,000 square feet net floor area
Bar, tavern, restaurant nightclub (with limited entertainment)
10 per 1,000 square feet net floor area
Bed-and-breakfast establishments
1 per guest bedroom plus 1 for the owner
Beauty parlor, barbershops and the like
2 per 1,000 square feet net floor area
Dry cleaning and laundromat
2 per 1,000 square feet net floor area
Hotel and motel
1 per sleeping unit
Mortuaries and funeral homes
1 per 100 square feet net floor area
Office, professional or business
2 per 1,000 square feet net floor area
Restaurant, carry-out
2 per 1,000 square feet net floor area
Restaurant, with drive-through facility
6 per 1,000 square feet net floor area for one drive-through; 4 per 1,000 square feet net floor area for 2 drive-throughs; 2 per 1,000 square feet net floor area for more than 2 drive-throughs
Restaurant, sit-down
10 per 1,000 square feet net floor area
School, business, occupational and skill training
1 per instructor plus 1 per 6 students
Water transportation terminal
Parking demand analysis
Vehicle-Related Uses
Vehicle repair/vehicle service station
2 per bay
Vehicle sales
2 per employee
Vehicle rental
1 per 1,000 square feet net floor area
Planned Development Districts
All uses
Parking demand analysis
(2) 
Multiple uses. When a grouping of three or more of the above uses occupy a single parcel, a parking demand analysis may be provided for a determination by the Manager of Zoning of the required parking.
[Added 7-27-2004 by Ord. No. 2004-240[1]; 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
[1]
Editor's Note: This ordinance also renumbered former § 120-173C(2) as § 120-173C(3), as amended.
(3) 
Bicycle parking. Bicycle parking shall be provided equal to 10% of the vehicle parking requirements for the property, for a minimum of two bicycles, for all multifamily housing (over 10 units), commercial and industrial uses.
[Amended 7-27-2004 by Ord. No. 2004-240]
D. 
Maximum number of parking spaces. No use other than single, two-family and attached residential uses, subject to the per unit requirements in § 120-173F, shall provide more than 110% of any of the above-listed requirements, except through the submission of a parking demand analysis in accordance with § 120-173B and approval of a special permit in accordance with § 120-192.
[Amended 6-17-2003 by Ord. No. 2003-183]
E. 
Alternative parking plans (APP). An alternative parking plan is a means to meet vehicle parking requirements other than providing parking spaces on site in accordance with the ratios established in this section. Applicants seeking to meet the requirements of this section by alternative means shall be required to secure approval of an alternative parking plan in accordance with the standards of this section.
(1) 
Contents. Alternative parking plans shall be submitted in a form and with such documentation as established by the Manager of Zoning and made available to the public. At a minimum, such plans shall include the parking alternative and rationale for how the alternative will compensate for the provision of the required parking on site.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(2) 
Review and approval procedure.
(a) 
In the cases where five or fewer parking spaces are proposed to be supplied by an alternative parking plan pursuant to this section, the Manager of Zoning shall be authorized to make a decision pursuant to the procedures for administrative adjustment in § 120-191.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
(b) 
In cases where six or more parking spaces are proposed to be supplied by an alternative parking plan, a special permit shall be required pursuant to § 120-192.
(3) 
Eligible alternatives. Potential alternatives to be considered include, but are not limited to:
(a) 
Shared parking. Shared parking is encouraged to promote efficient use of land and resources by allowing users to share off-street parking facilities for uses that are located near one another and that have different peak parking demands or different operating hours. Shared parking shall be subject to the following standards:
[1] 
Location. Shared off-street parking spaces shall be located no further than 1,000 feet from the buildings and uses they are intended to serve. This distance limitation may be waived by the Planning Commission if adequate assurances are offered that shuttle service shall be operated between the shared lot and the principal use.
[2] 
Shared parking agreement. A shared parking plan shall require a shared parking agreement, acceptable to the Manager of Zoning, which shall include an agreement by the owners(s) of record of the parking area and of the applicant. The agreement shall be submitted to the Manager of Zoning prior to issuance of a certificate of zoning compliance. A shared parking agreement shall be revocable by the parties to the agreement only if the off-street parking requirement is satisfied. The agreement shall specify that the shared spaces are not leased for a use that operates during the same time frame and would create a conflict. The agreement shall specify the time frame, number and location of spaces to be shared.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
[3] 
Site plan. A site plan shall be submitted to indicate the spaces that are to be leased and the owners of the uses seeking a parking alternative that specifies the number of parking spaces and time frames for use of the spaces.
(b) 
Credit for on-street parking spaces. On-street parking spaces may be used to satisfy 20% of the requirements for off-street parking. Such on-street parking shall be located only on arterials or collector streets within the public right-of-way and shall be located within 1,000 feet of the use.
(c) 
Bicycle parking. A reduction in the number of required off-street parking spaces for developments or uses that provide bicycle parking or that make special provisions to accommodate bicyclists may be made. Examples of accommodations include bicycle lockers, employee shower facilities and dressing areas for employees. Consideration of the seasonal nature of bicycle use shall be given in approving this reduction.
(d) 
Pedestrian-oriented use. For uses that serve the immediate neighborhood, a reduction in the number of required parking spaces may be made.
(e) 
Valet parking. Valet parking may be used as a means of satisfying otherwise applicable off-street parking standards.
(f) 
Transit credit. When located proximate to a bus stop, credit towards the parking requirements may be granted. The transit stop shall be within 1,000 feet of the use.
F. 
Design and maintenance for vehicle parking. Except as provided in Chapter 78 of the Code of the City of Rochester, known as the "Parking Lot Ordinance," pertaining to the parking areas within the CCD District, every parking area, parking lot and garage shall be designed, constructed and maintained in accordance with the standards and requirements set forth herein.
(1) 
Parking, general.
(a) 
Parking shall be located within 1,000 feet of the use served.
(b) 
In addition to the requirements of this section, parking shall be subject to the lot, area and yard requirements of the applicable district. In cases where the provisions of this chapter impose differing restrictions, the greater restrictions shall apply.
[Added 7-27-2004 by Ord. No. 2004-240[2]]
[2]
Editor's Note: This ordinance also renumbered former § 120-173F(1)(b) through (g) as (c) through (h), respectively.
(c) 
Parking for single-family, two-family and attached dwellings in all districts shall be limited to no more than three vehicles for each dwelling unit. No parking for such residential uses shall be located in the side or front yard except in a legal driveway that provides access to the rear yard, a detached or attached garage.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-19-2011 by Ord. No. 2011-247[3]]
[3]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
(d) 
Except in the C-3 and M-1 Districts, parking shall not be permitted between a building and the sidewalk on the street. Where existing or proposed buildings are set back from the public right-of-way, the front yard shall not be converted to parking.
(e) 
Vehicular access to parking shall not be located on the principal pedestrian-oriented street unless there is no other practical alternative.
(f) 
Parking for nonresidential uses shall not be located within 10 feet of any residential district or use, except where a solid screening wall at least four feet in height is placed on the lot line with vehicle stops or a bumper to ensure the integrity of the fence, in which case no setback shall be required.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240]
(g) 
Except for residential uses listed in Subsection C above, parking shall not be located within 10 feet of any street frontage, except where a decorative fence or wall of no more than three feet in height is used in conjunction with landscaping.
[Amended 7-19-2011 by Ord. No. 2011-247[4]]
[4]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
(h) 
A study shall be provided with all new development addressing the potential for and efforts to develop shared or connected parking with adjoining properties as well as shared or combined access from the streets. The proposed site design shall not limit the future potential for shared or connected access and parking between and among adjoining properties.
(2) 
Parking lot landscaping. In addition to the standards of § 120-169, the following shall apply:
[Amended 6-17-2003 by Ord. No. 2003-183]
(a) 
A landscaped area shall have a minimum width of five feet, excluding curbs, retaining walls or similar enclosing structures.
(b) 
All front yard perimeter landscaping shall include concrete, masonry or metal barriers to contain and/or protect landscaping materials.
[Added 7-27-2004 by Ord. No. 2004-240[5]]
[5]
Editor's Note: This ordinance also renumbered former Subsection (2)(b) through (g) as Subsection F(2)(c) through (h), respectively.
(c) 
Plant materials located in snow storage areas shall be selected to withstand the conditions associated with these areas.
(d) 
All parking lot landscaping shall be salt tolerant.
(e) 
Trees located in paved areas shall be provided with adequate tree pits to permit proper watering.
(f) 
A minimum of one landscaped area with a minimum size of 162 square feet (approximately nine feet by 18 feet) shall be provided for every 15 parking spaces and developed as islands within the parking surface area. Alternatives to this requirement may be considered in an alternative landscaping plan as set forth in § 120-169.
(g) 
Parking lot stops shall consist of durable material, such as concrete, masonry, metal or rubber. In no case shall wooden stops be used.
(h) 
All required screening and landscaping shall be maintained and, if required, replaced to comply with the requirements in this section or any approvals issued per this section.
(3) 
Design standards.
(a) 
The following minimum standards shall apply to the width and length of required parking spaces. These requirements may be modified for various uses including valet parking lots or vehicle sales storage and sales areas where the Manager of Zoning has obtained plans verifying that stacked parking will not produce streetscape or on- and off-site traffic impacts.
[Amended 6-17-2003 by Ord. No. 2003-183; 7-27-2004 by Ord. No. 2004-240; 6-16-2009 by Ord. No. 2009-179; 9-21-2010 by Ord. No. 2010-323; 6-20-2017 by Ord. No. 2017-170]
Type of Parking
Angle
Stall Length
Stall Width
Aisle Width
Parallel
N/A
24'00"
8'00"
N/A
Traditional
90º
18'00"
9'00"
24'00"
Traditional
60º
21'00"
9'00"
18'00"
Traditional
45º
19'10"
9'00"
13'00"
(4) 
Ingress and egress.
(a) 
Every parking garage and parking lot of 10 or more spaces shall be provided with one two-way driveway at least 22 feet in width or two one-way driveways, each at least 11 feet in width.
[Amended 6-17-2003 by Ord. No. 2003-183]
(b) 
When ingress and egress are less than 22 feet in width, marked separate entrances and exits shall be provided so that traffic shall flow in one direction only.
(5) 
Maneuvering space.
(a) 
Maneuvering space shall be located completely off the right-of-way of a public street, place or court.
(b) 
Maneuvering space shall be designed to prevent any vehicles from backing into the public right-of-way, with the exception of alleys, and except for one-family, two-family and attached dwellings.
[Amended 6-17-2003 by Ord. No. 2003-183]
(6) 
Surface.
(a) 
Off-street parking lots and parking areas shall be constructed in such a manner so as to provide an all-weather, durable and dustless surface. Individual stalls shall be clearly identified by markings four to six inches in width.
(b) 
Parking surfaces shall be graded and drained to dispose of all surface water accumulation in the area without shedding additional water on an adjoining property or right-of-way.
(c) 
The use of interior catch basins or a similar system linked to the Monroe County Pure Waters District facilities shall be approved by the Manager of Zoning.
[Amended 6-17-2003 by Ord. No. 2003-183; 6-20-2017 by Ord. No. 2017-170]
(d) 
The Manager of Zoning shall approve the surface material.
[Amended 6-20-2017 by Ord. No. 2017-170]
(7) 
Lighting.
(a) 
Illumination shall not be used for the purpose of advertising or attracting attention to the principal use.
(b) 
Lighting fixtures shall be designed, sized and located so as not to cast direct rays of excessive brightness upon adjoining premises or cause glare hazardous to pedestrians or person using adjacent public streets.
(c) 
Parking lots used after sundown shall be lighted to give protection to persons using the lot and the light source shall cast down.
(d) 
All parking lots shall be required to provide lighting from dusk to dawn that meets the Illumination Engineers Society of North America (IESNA) standards.
G. 
Design of bicycle parking.
(1) 
Bicycle parking shall be located and clearly designated in a safe and convenient location, at least as convenient as the majority of auto spaces provided.
(2) 
Facilities shall be designed to accommodate U-shaped locking devices and shall support bicycles in a stable position without damage to wheels, frame or other components and shall be securely anchored and of sufficient strength to resist vandalism and theft.
H. 
Commercial parking in special assessment districts. Any use may, by lease, license or similar arrangement, transfer any required parking spaces to a commercial parking lot maintained by a special assessment district established by City Council. In addition:
(1) 
Such use shall not be rendered deficient during the term of such lease, license or similar arrangement, provided that the use has access to the commercial parking lot and the parking spaces revert to the control of the use at the termination of the special assessment district.
(2) 
The use shall not be rendered deficient by the permanent loss of any such parking spaces caused by the commercial parking lot's compliance with the requirements of this section.
The vehicle stacking standards of this section shall comply with all setback standards established for the district and the following shall also apply:
A. 
Minimum number of spaces. In addition to minimum parking requirements established in this chapter, the following stacking or queuing areas are required:
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
Activity Type
Minimum Stacking Spaces
Measured From
Automated teller machine
3
Teller
Bank teller lane
4
Teller or window
Car wash stall, automatic
9
Entrance
Car wash stall, self-service
3
Entrance
Gasoline pump island
2
Pump island
Pharmacy
4
Window
Restaurant drive-through
6
Order box
Restaurant drive-through
4
Order box to pickup window
Oil change and quick lube
3
Per bay
Other
Determined by Manager of Zoning
B. 
Design and layout. Required stacking spaces are subject to the following design and layout standards:
(1) 
The size of a stacking or queuing space shall be 20 feet in length by 10 feet in width.
(2) 
Each lane shall be clearly defined in a manner that is identifiable during all seasons.
(3) 
Stacking spaces may not impede on- or off-site traffic movements or movements into or out of off-street parking spaces.
(4) 
Stacking spaces must be separated from other internal driveways by raised medians if deemed necessary by the Manager of Zoning for traffic movement and safety.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
[Amended 12-20-2005 by Ord. No. 2005-394; 9-21-2010 by Ord. No. 2010-323; 9-16-2015 by Ord. No. 2015-297]
A. 
Prohibited outdoor storage.
(1) 
Outdoor storage shall not be permitted in any zoning district, except as provided by Subsection B of this section. It shall be unlawful for any person to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained outdoors any junk, junk furniture, junk appliance, commercial/industrial materials, garbage, rubbish, litter and debris, as such terms are defined in § 120-208, upon private property within any zoning district, except as provided by Subsection B of this section.
(2) 
It shall be unlawful for any person to use any unenclosed front porch area or side porch area for the storage or placement of mattresses or upholstered furniture, within any zoning district.
B. 
Permitted outdoor storage.
(1) 
Outdoor storage subject to the following restrictions may be authorized in the H-V and PMV Districts by means of a special permit granted in accordance with § 120-192B and the applicable district (H-V or PMV) regulations in this chapter:
(a) 
Outdoor storage shall not be allowed in the front yard.
(b) 
Outdoor storage shall not occupy more than 10% of the entire lot area.
(c) 
All outdoor storage shall be screened to ensure it is not visible from the public right-of-way or adjacent residential properties.
(d) 
Screening shall be of sufficient height and density to completely hide the storage from public view.
(e) 
Screening shall be of sufficient height and density to completely hide storage from major highways, passenger rail lines and other public accessways.
(f) 
Display and storage of boats and boat trailers is permitted in the H-V District.
(g) 
Any requirements established by the Planning Commission as a condition of granting a special permit for the use.
(2) 
Outdoor storage subject to the following restrictions may be authorized in the C-3 and M-1 Districts by means of a special permit granted in accordance with § 120-192B and the applicable district (C-3 or M-1) regulations in this chapter:
(a) 
Outdoor storage shall not be allowed in the front yard setback.
(b) 
All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential properties.
(c) 
Screening shall be of sufficient height and density to completely hide the storage from public view.
(d) 
Screening shall be of sufficient height and density to completely hide storage from major highways, passenger rail lines and other accessways.
(e) 
Contractor storage must be a minimum of 200 feet from a residential or open space district.
(f) 
Any requirements established by the Planning Commission as a condition of granting a special permit for the use.
C. 
Exclusions. Subsections 120-175A and B shall not apply to the following:
(1) 
Wood intended for consumption on the premises in a woodburning stove, furnace or fireplace, provided that the volume of wood does not exceed a face cord measuring no more than four feet high by four feet wide by eight feet long, placed in the rear yard and stacked on a wood pallet or otherwise raised from the ground.
(2) 
Lawn, yard and/or garden ornaments, tools and machinery intended for use on the premises.
(3) 
Hoses and sprinklers used for watering lawns and gardens.
(4) 
Storage or placement and accumulation of materials in connection with a commercial operation conducted on the premises where such storage, placement and accumulation is situated, operated and authorized in accordance with this or any other chapter of the Municipal Code, including, but not limited to, junkyards and salvage yards authorized pursuant to this chapter and Chapter 66 of the Municipal Code.
(5) 
Temporary storage of contractor materials and equipment being used for the construction, renovation, or demolition of a building or structure on the premises for which a current building or demolition permit has been issued or other improvements not requiring a permit.
(6) 
Items that are prepared and placed for collection at curbside or elsewhere in compliance with the refuse and recyclable collection regulations in Chapter 20 of the Municipal Code.
[Amended 12-20-2005 by Ord. No. 2005-394; 9-21-2010 by Ord. No. 2010-323]
Outdoor retail displays in association with an existing use on site shall be allowed in nonresidential districts and the Overlay Boutique District subject to the following:
A. 
Such displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than five feet from the wall.
B. 
Such displays shall not be permitted to block windows, entrances or exits and shall not impair the ability of pedestrians to use the building.
C. 
Such displays shall be temporary or seasonal in nature and shall be discontinued at the close of business on a daily basis unless approved as a temporary use pursuant to § 120-149.
A. 
Purpose. The purpose of this section is to provide standards for the regulation of the height, size, location and appearance of signs to:
(1) 
Protect and enhance property values and neighborhood character;
(2) 
Protect public and private investment in buildings and open spaces;
(3) 
Encourage sound signing practices to aid business and provide information to the public;
(4) 
Prevent excessive and confusing sign displays;
(5) 
Reduce hazards to motorists and pedestrians;
(6) 
Protect the public health, safety and general welfare.
B. 
Allowed signs. The following are allowed in any district without a certificate of zoning compliance provided they fall within any given thresholds. If the thresholds are exceeded, a certificate of zoning compliance will be required. The signs in this section shall not be subject to the provisions of § 120-177D, Permitted permanent signs for nonresidential use.
(1) 
Customary holiday decorations;
(2) 
One prominently displayed building address sign that is pedestrian- and automobile-oriented according to the provisions of Chapter 61;
(3) 
Family name signs;
(4) 
Decorative flags;
(5) 
No trespassing and similar signs;
(6) 
Traffic control signs;
(7) 
No more than two directional and parking signs not exceeding two square feet per business and no taller than three feet high;
(8) 
Signs, flags or emblems erected and maintained pursuant to any government function;
(9) 
Decorative or architectural features of a building, except letters or trademarks;
(10) 
Memorial or historic plaques, markers, monuments or tablets;
(11) 
Safety signs;
(12) 
Gasoline price signs attached to a gasoline dispenser and not exceeding one square foot per face;
(13) 
Permanent bulletin board event signs related to places of worship and public and semipublic uses not exceeding six square feet.
C. 
Limited signs. The following signs are limited to two per lot without a certificate of zoning compliance:
(1) 
Political signs not exceeding six square feet per side; all election signs shall be removed within 14 calendar days following the election;
(2) 
Real estate signs not exceeding six square feet per side;
(3) 
Nonilluminated home occupation signs attached to the dwelling and less than one square foot in area unless otherwise restricted; and
(4) 
One construction or renovation sign, six square feet in size or less, erected by a contractor, engineer, architect or similar professional or business and removed at the termination of the portion of the project activity.
D. 
Permitted permanent signs for nonresidential uses. The following signs are permitted subject to the requirements of this chapter:
[Amended 7-27-2004 by Ord. No. 2004-240; 11-25-2008 by Ord. No. 2008-384; 9-21-2010 by Ord. No. 2010-323]
District
Permitted Signs
R-1 R-2, O-O and O-B
1 attached or detached sign, not exceeding 15 square feet in area; detached signs shall be posted no more than 4 feet in height from the finished grade of the lot
R-3, C-1, C-2, H-V, PMV, C-V and PD
1 attached sign identifying uses or services on the premises that includes 0.5 square foot in area for every foot of the building frontage per street frontage;
No more than 1 detached sign per parcel located in the front yard not exceeding 25 square feet in size per side of sign and posted no more than 4 feet in height from the finished grade of the lot
C-3
Maximum signage area of 10% of the primary building facade per lot including:
Attached signs identifying uses or services on the premises not exceeding 1.5 square feet for every foot of building frontage; and/or
1 detached sign located in the front yard not exceeding 50 square feet in size per side and posted no more than 15 feet in height from the finished grade of the lot
M-1
Maximum signage area of 10% of the primary building facade per lot including:
Attached signs identifying uses or services on the premises not exceeding 1.0 square foot for every foot of building frontage; and/or
1 detached sign located in the front yard not exceeding 32 square feet in size per side and no more than 6 feet high from the finished lot grade
O-S
1 sign not exceeding 20 square feet identifying any building or use permitted under this chapter
R-1 and R-2 District
R-3, C-1, C-2, H-V and PMV
C-3
M-1
O-S
E. 
Sign location.
(1) 
Upon relocation of a business or service for reasons of an unforeseen disaster (example: due to fire), an off-site sign shall be allowed for a period of six months;
(2) 
No sign shall be at any location where it interferes with or obstructs the view or free passage of pedestrian or vehicular traffic;
(3) 
No sign shall be painted, placed or constructed directly on or project from a roof;
(4) 
No sign shall be attached to any tree, utility pole or street appurtenances as set forth in Chapter 35 or be painted upon or otherwise affixed to any rock, ledge or other natural feature;
(5) 
No detached sign shall be closer than 10 feet to a residential lot line;
(6) 
Signs parallel to and attached to a building shall not be set out more than 10 inches, except in cases where the sign contains electrical components, in which case the sign shall project more than 15 inches from the building;
(7) 
Any sign that projects from a building over the public right-of-way shall be located at least nine feet above grade and shall be constructed and installed in accordance with Chapter 104.
F. 
Design standards.
(1) 
Signs and awnings shall:
(a) 
Relate through their design, size and height to pedestrians and conform to the surrounding character;
(b) 
Not materially obscure architectural features or details of buildings.
(2) 
Signs shall be professionally manufactured.
(3) 
No more than 50% of the sign face may be covered with text or graphics.
(4) 
The area of signs composed of individual letters without a background shall include the area enclosed by a series of lines joined to form a perimeter bounding all parts of the display, including all lettering, logo, graphics and trademarks.
(5) 
No pennants, ribbons, streamers, sheets, spinners or other moving devices shall be allowed in the City of Rochester.
(6) 
No sign shall consist of strings of lights or contain blinking, flashing, intermittent, rotating, glaring, or moving lights or other attention-attracting devices.
(7) 
Any illuminated sign shall employ only lights emitting a light of constant intensity.
(8) 
Internally lit signs shall be prohibited in all residential, C-1, PMV and H-V Districts.
(9) 
In the C-2, C-3 and M-1 Districts, internally lit signs shall be permitted on principal and minor arterials (as defined in Attachment SC, Street Classifications) and shall be in the form of:
(a) 
Individually mounted and illuminated channel letters made of a durable material; or
(b) 
A panel box, made of a durable material, including:
[1] 
No more than three colors;
[2] 
Raised or recessed letters;
[3] 
Encasement in a frame;
[4] 
Internal illumination that does not project lighting onto adjacent properties or interfere with the public right-of-way.
(10) 
Neon window signs may be permitted in cases where they are compatible with the building's use, historic and/or architectural character.
(11) 
Window signs shall not exceed 25% of the window.
[Amended 9-21-2010 by Ord. No. 2010-323; 7-19-2011 by Ord. No. 2011-247[1]]
[1]
Editor's Note: This ordinance provided an effective date of 9-1-2011.
(12) 
The area of an awning or canopy that includes lettering, logo, graphics and trademarks shall be included in calculations for allowed signage.
(13) 
In the case of buildings containing a grouping of two or more uses, tenancies or the like, such uses shall be permitted signs containing 0.5 square foot in area for every foot of building frontage.
[Amended 9-21-2010 by Ord. No. 2010-323]
(14) 
In commercial or industrial buildings or plazas with three or more occupants, a shared sign is required. Kiosk sign structures are encouraged to advertise for these multitenant buildings and plazas.
(15) 
No sign shall be movable or portable unless defined as a temporary sign.
G. 
Maintenance of signs.
(1) 
Every sign shall at all times be maintained in a safe and structurally sound condition. Signs that do not comply with adequate safety standards shall be removed at the property owner's expense.
(2) 
Signs must be regularly maintained, including the replacement of worn parts, painting and cleaning.
(3) 
The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced.
H. 
Abandoned signs .
(1) 
Except as otherwise provided in this chapter, any sign which is located on property which becomes vacant and unoccupied for a period of three months or more, or any sign and structure which pertain to a time, event or purpose which no longer applies, shall be deemed to have been abandoned.
(2) 
Abandoned signs and structures are prohibited and shall be removed by the owner of the sign or owner of the premises.
I. 
Amortization of signs.
(1) 
All advertising signs shall become an unlawful accessory uses after the periods provided below and shall be removed:
Fair Market Value on Date of Notice of Removal Requirement
Period Permitted From Notice
(years)
Under $1,999
3
$2,000 to $3,999
4
$4,000 to $5,999
6
$6,000 to $7,999
7
$8,000 to $9,999
9
$10,000 and over
10
(2) 
The following are exempt from the amortization provisions:
(a) 
Advertising signs within 660 feet of a Federal Interstate and Primary Highway System highway which is located in the M-1 District or any commercial district and whose face is visible from such highway; and
(b) 
Advertising signs and like outdoor advertising devices existing in the C-3 and M-1 Districts at the time of the enactment of this chapter, except rooftop installations.
J. 
Temporary signs.
(1) 
Temporary or portable signs shall be used for the following purposes only:
(a) 
New business enterprises;
(b) 
Celebration of the anniversary date of a new business enterprise;
(c) 
Business enterprises which have lost the use of an existing sign by reason of fire or other catastrophe; and
(d) 
Limited activities in connection with the principal use or activity on the premises.
(2) 
Temporary signs may not exceed 20 square feet in size; no more than one temporary sign shall be permitted per business.
(3) 
Temporary sign shall be removed within 90 days and will not be renewable for 90 days except three times per year, for no more than 72 hours per occasion.
(4) 
Temporary signs shall comply with the location and design standards contained in this chapter.
K. 
Alternative sign program. In order to provide an imaginative, effective, visually compatible plan for all signs on a property, a property owner may submit a sign program containing provisions different from the requirements in Subsections D throuugh F listed in this section. The intent of this provision is to allow for creative responses to site-specific conditions or uses. Each such alternative sign program shall be reviewed as a special permit, in accordance with the provisions of § 120-192, except that in the case of signs in preservation districts the Preservation Board shall be responsible for approval of an alternative sign program. The applicant shall submit graphic and written information indicating why the signage does not comply with existing sign regulations in using the alternative sign program. In no case shall the regulations of this chapter pertaining to advertising signs be altered or changed through the use of the alternative sign program.
[Amended 6-17-2003 by Ord. No. 2003-183]
L. 
Allowed sign message. Any allowed or permitted permanent sign or advertising sign authorized in this chapter may contain a noncommercial message constituting a form of expression in lieu of other copy.
M. 
Advertising signs.
(1) 
Except for the M-1 and C-3 Districts or within 660 feet of a Federal Interstate and Primary Highway System highway which is located in the M-1 District or any commercial district, no off-site signs shall be permitted.
(2) 
No advertising sign shall be located:
(a) 
Within 100 feet of any preservation district boundary line or any lot line of a designated landmark or National Register districts or buildings if the sign or sign structure is visible from any such lot line at any point within 25 feet above ground level;
(b) 
Within 200 feet of any other advertising sign structure located on the same side of the street or within 100 feet of any other such sign structure;
(c) 
For signs having a gross surface area in excess of 300 square feet, within 500 feet of any other such sign on the same side of the street;
(d) 
Within 100 feet of any lot line of any school, church, library or public park or other public or semipublic use;
(e) 
At any location within 750 feet of the Genesee River or either of its banks when the sign or sign structure can be viewed simultaneously at ground level with the river or either of its banks;
(f) 
For sign structures oriented toward an expressway, no sign structure shall be located within 500 feet of any other sign structure located on the same side of the expressway, regardless of sign face orientation to the direction of travel, except that two or more signs erected back to back so as to be oriented to be visible from two or more directions of travel shall be deemed to be one sign structure;
(g) 
Within 200 feet of the established outer boundary of the Civic Center;
(h) 
Within five feet of any street line.
(3) 
In order to determine whether or not a suggested sign site conforms to the location criteria, the suggested site shall be the point of origin for all radii to be drawn. This method of measurement recognizes the fact that portions of certain properties qualify for sign placement while other portions of the same properties do not. It is the intention of these provisions to qualify or disqualify sign sites and not whole properties when portions of such properties are outside drawn radii.
(4) 
No more than two sign faces may be erected at any site, and each sign face must be back to back.
(5) 
No advertising sign shall be more than 236 square feet for each side.
(6) 
The height of the sign shall not exceed 23 feet.
(7) 
All advertising signs shall include only one advertisement that covers the entire sign face at all times.
(8) 
Cutouts or extensions shall not exceed five feet beyond the permitted height of the sign.
All site grading shall conform to the following requirements:
A. 
Lot grading will be done in such a way as to preserve or enhance the topographic features and to provide positive drainage of stormwater away from structures and into public storm sewers or approved drainage channels. All site grading shall be designed to meet the following standards:
[Amended 6-17-2003 by Ord. No. 2003-183]
Minimum Slope
Maximum Slope
Planting areas
2%
25%
Parking lot pavement
2%
4%
Driveways
2%
6%
Pedestrian pavements
1%
2%
Sidewalks
1%
5%
B. 
Where retaining walls are required, they shall be of a material compatible with the building architecture. Wooden retaining walls are prohibited.
C. 
Berms, channels, swales, etc., shall be graded in such a way as to be an integral part of the grading and paved surface. Such features shall be designed with smooth vertical transitions between changes in percent slope.
D. 
The Manager of Zoning may waive these requirements through minor site plan review as outlined in § 120-191D if the overall objectives of the ordinance are met and the general character of the area and community goals are protected.
[Added 6-17-2003 by Ord. No. 2003-183; amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]