[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.









