A.
In the interpretation of this chapter, the provisions
and rules of this chapter shall be observed and applied, except when
the context clearly requires otherwise.
(1)
Words in the present tense include the future;
(2)
Words in the singular include the plural, and the
plural the singular;
(3)
The word "shall" is intended to be mandatory;
(4)
The word "lot" shall include the word "plot" or "parcel";
(5)
The word "person" shall include an individual, firm
or corporation;
(6)
A building or structure includes any part thereof;
(7)
The word "and" indicates that all connected items,
conditions, provisions or events shall apply;
(8)
The word "or" indicates that the connected items,
conditions, provisions or events may apply singly or in any combination;
(9)
The words "either...or" indicate that the connected
items, conditions, provisions or events may apply singly but not in
any combination.
(10)
The word "City" means the City of Rochester,
New York.
(11)
The word "county" means the County of Monroe,
New York.
(12)
Any use of the gender-specific words (his, hers,
him, her) shall imply both genders.
B.
In case of any difference of meaning or implication
between the text of this chapter and any caption, illustration or
table, the text shall control.
When used in this chapter, the following terms
shall have the meanings herein ascribed to them. Where any definition
is divided into classifications or categories of activities or uses,
each classification or category shall be considered a different activity
or use requiring separate application of the provisions of this chapter.
No part of any definition shall be varied.
An accessory use or structure that:
Is subordinate to and serves a principal building
or a principal use; and
Is subordinate in area, extent and purpose to
the principal structure or principal use served; and
Contributes to the comfort, convenience or necessity
of the occupants, business or industry in the principal structure
or principal use served; and
Is located on the same lot as the principal
structure or principal use served, except as otherwise expressly authorized
by the provisions of this chapter.
Having a common boundary or edge; abutting; touching.
[Added 9-21-2010 by Ord. No. 2010-323]
Any business enterprise that offers or maintains one or more
adult video viewing booths.
Any business enterprise which regularly features or offers
to the public, customers or members, performances by persons who appear
nude or seminude or live performances that are characterized by their
emphasis on the exposure, depiction or description of specified anatomical
areas or the conduct or simulation of specified sexual activities.
Any business enterprise which regularly features or offers
to the public the presentation of motion-picture films, movies or
sound recordings which are characterized by their emphasis on the
description or depiction of specified anatomical areas or specified
sexual activities and which are presented to a common audience of
more than five persons in an enclosed common area or are presented
in a common area of more than 150 square feet.
A business enterprise that meets any of the following
tests:
Offers for sale sexually oriented toys and novelties,
except a business enterprise which devotes less than 10% of its stock-in-trade
and sales and display area to sexually oriented materials, with all
sexually oriented toys and novelties separated from other sales and
display areas by an opaque wall at least eight feet in height with
a management-controlled system of access to ensure that only persons
over the age of 18 years are allowed to enter the area;
Devotes more than 10% of its stock-in-trade
or sales and display area to sexually oriented materials without having
all sexually oriented materials separated from other sales and display
areas by an opaque wall at least eight feet in height with a management-controlled
system of access to ensure that only persons over the age of 18 years
are allowed to enter the area;
Devotes more than 40% of its stock-in-trade
or sales and display area to sexually oriented materials; or
Advertises or holds itself out in signage visible
from the public right-of-way as "X...," "adult," "sex" or otherwise
as a sexually oriented business.
Any business enterprise which offers for sale or rental sexually
oriented materials and which devotes at least 10% and not more than
40% of its stock-in-trade or sales and display area to sexually oriented
materials, provided that:
All sexually oriented materials are separated
from other sales and display areas by an opaque wall at least eight
feet in height with a management-controlled system of access to ensure
that only persons over the age of 18 years are allowed to enter the
area; and
The business enterprise does not advertise or
hold itself out in signage visible from the public right-of-way as
"X...," "adult," "sex" or otherwise as a sexually oriented business.
Coin- or slug-operated, or electronically or mechanically
controlled, still- or motion-picture machines, projectors or other
image-producing devices which present visual or audio material of
any kind which is characterized by its emphasis on the description
or depiction of specified anatomical areas or specified sexual activities
and which are designed to be viewed by five or fewer persons per machine
at any one time or are located in a room or booth of less than 150
square feet. No part of this definition shall be construed to permit
more than one person to occupy an adult video viewing booth at any
time.
The production of crops, plants, vines or trees (excluding
forestry operations).
A thoroughfare not more than 20 feet wide which affords only
a secondary means of access to abutting property.
The premises, including a theater, hall, auditorium, tent,
structure, building or enclosure of any type, yard, or lot, on or
within which are offered or operated four or more amusement games,
whether or not they are the principal use of the property, or where
the operation of any number of amusement games is the sole use of
the property. This definition shall not include such premises in which
jukeboxes are the only type of amusement game.
Any mechanical or electronic device used or designed to be
operated for entertainment or as a game by the insertion of a coin
or slug or payment in consideration of any type or by any means and
shall include the type of mechanical or electronic devices commonly
known as baseball, radio, target gun or similar target, football,
pinball, pool table, snooker table, foosball, television-screen-type
or video games and jukeboxes. The above enumeration shall not be deemed
to be exclusive. This definition does not include any device the possessing
or use of which is prohibited by law.
See "specified anatomical areas."[1]
A facility that cares for pet animals for less than 12 consecutive
hours in the absence of the owner or a facility that cares for pet
animals in training with or without the owner receiving compensation
for such services.
A system of electrical conductors that transmit or receive
radio frequency signals. Such signals shall include, but not be limited
to, cellular, paging, personal communications services and microwave
communications.
A structure other than a telecommunications tower which is
attached to a building and on which transmitting and/or receiving
antennas are located.
A room or suite of rooms used as a single dwelling unit,
located in a building in which there are one or more such rooms or
suites other than a detached single-family dwelling.
A roadway used primarily for through traffic and so designated
on the thoroughfare plan of the Comprehensive Plan of the City of
Rochester.
See "dwelling, attached."
Any device or object visible from any public street which
is primarily designed to attract the attention of the public to a
business(s), institution, sign, or activity through such means, including
but not limited to illumination, color, size or location. Attention-attracting
devices or objects may incorporate illumination, which may be stationary,
moving, turning, blinking (including animation) or flashing. Attention-getting
devices or objects may or may not convey a message. Such objects or
devices may include, but are not limited to, search lights, beacons,
strobe lights, strings of lights, barber poles, internally illuminated
translucent canopies or panels, electronically controlled message
boards (time/temperature signs, gas price signs, public service announcements,
etc.), banners, streamers, pennants, propellers and inflatable objects
(including strings of balloons) or other device/objects designed to
attract attention. Approved traffic control devices are not considered
to be attention-attracting devices for purposes of this definition.
A permanent overhanging shelter which projects from the face
of a building.
A building or any portion of a building in which space can
be used for banquets, parties, receptions and the like. Buildings
or spaces used primarily for ticketed entertainment events shall not
be considered a banquet facility.
[Amended 9-19-2017 by Ord. No. 2017-299]
An establishment used primarily for the dispensing or sale
of alcoholic beverages by the drink for on-site consumption.
[Amended 9-19-2012 by Ord. No. 2012-363]
The hours during which premises licensed by the State Liquor
Authority to sell alcoholic beverages at retail for on-premises consumption
in Monroe County are allowed to operate in accordance with NYS Alcoholic
Beverage Control Law § 106.
[Added 11-3-2022 by Ord.
No. 2022-322]
The one-hundred-year flood, that is, the flood having a one-percent
chance of being equaled or exceeded in any given year.
The highest elevation of water during the base flood. Base
flood levels throughout the City are listed in the most current publication
of the Flood Insurance Study, City of Rochester, New York, Monroe
County, Federal Insurance Administration, United States Department
of Housing and Urban Development.
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
An owner-occupied and -operated dwelling originally designed
as a residential structure where limited overnight lodging and a breakfast
are provided for compensation to tourist or recreational guests.
A roof designed to store water and discharge rainfall.
[Added 7-14-2015 by Ord.
No. 2015-228]
A sloping platform, ramp, walkway or driveway for launching
small pleasure craft into the water.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals or property.
The face of a building that abuts or is parallel to or generally
parallel to a lot line abutting a street.
[Added 7-14-2015 by Ord.
No. 2015-228]
The vertical distance measured from grade to the highest
point of the roof for flat roofs, to the deckline for mansard roofs
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs.
A building in which the main or principal use of the lot
is conducted on which said building is situated.
Premises used for the cultivation, processing, distribution,
delivery, retail sale, or on-site consumption of cannabis in a manner
that requires a license under the NYS Cannabis Law.
[Added 11-3-2022 by Ord.
No. 2022-322]
A permanent shelter, lit in whole or in part, which is constructed
with a rigid frame that cannot be retracted, folded or collapsed and
whose primary function is to cover and protect users of the accessory
uses and structures on a site.
An open-sided, roofed vehicle shelter, typically attached
on one side to a building, but may be freestanding, and is an accessory
use to a permitted principal use.
[Added 7-14-2015 by Ord.
No. 2015-228]
Any building or premises, or portion thereof, the use of
which is devoted to the business of washing automobiles for a fee,
whether by automated cleaning devices or otherwise.
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A transition to a use that is different, in terms of specific
use type, than the use it replaces. Not included are changes in occupancy
involving the same specific use or reductions in the number of dwelling
units in a multiple family dwelling where there is not an increase
in floor area, extension of use or addition.
[Amended 7-27-2004 by Ord. No. 2004-240]
The office of five or more licensed health care professionals,
including but not limited to physicians, dentists, physicians' assistants,
radiologists and nurses, for the treatment of persons on an outpatient
basis only.
A roadway used primarily for collecting traffic from local
streets and channeling it to arterial streets and so designated on
the thoroughfare plan of the Comprehensive Plan of the City of Rochester.
A building, the principal use of which is a commercial use.
Materials stored, warehoused, exchanged, used, consumed,
assembled, repaired, salvaged, manufactured, generated, displayed,
offered for sale, or discarded at a commercial or industrial use facility,
including, but not limited to, raw materials, equipment, parts, merchandise,
construction materials, by-products, regardless of whether they are
intended to be used, salvaged, or discarded.
[Added 9-16-2015 by Ord.
No. 2015-297]
All trucks, vans, construction equipment and limousines,
bearing commercial license plates and vehicles with a gross vehicle
weight, as defined by the manufacturer, that is in excess of four
tons.
[Amended 6-17-2003 by Ord. No. 2003-183]
An automated or nonautomated container which is covered and
made of durable, incombustible, rustproof and waterproof construction,
which is used to store aluminum cans, glass, plastic bottles, bait,
ice, beverages and the like that are removed for a fee or which produces
food for public consumption.
A building or structure and related facilities operated by
a community-based group, government agency or organization on a nonprofit
basis, the primary function of which is the provision of personal
and other services to individuals, families and groups. Services may
include information, socializing, recreation, education, culture and
counseling but shall exclude the provision of sleeping quarters, except
for one caretaker dwelling unit to be used for security and maintenance
purposes. "Community center" does not include centers for the distribution
of food, clothing or household goods, health care facilities, job
training centers and sheltered workshops.[3]
See "garage or parking lot, community."
A building separated on all sides from the adjacent open
area, or from other buildings or structures, by a permanent roof and
by exterior walls or party walls, pierced only by windows or doors
normally provided for the accommodation of persons, goods or vehicles.
However, a parking structure which has less than 50% of its outer
wall space open shall be considered a completely enclosed building.
All operations of a completely enclosed building shall be conducted
with doors and windows closed, except for access, loading and unloading.
An outdoor area used for the storage of equipment and/or
materials used for construction, building trades, landscaping services
or maintenance, including but not limited to building construction
or renovation, heating, plumbing, roofing, landscaping and excavation.
[Added 9-16-2015 by Ord.
No. 2015-297]
See "rectory."
See "lot, corner."
Open space, other than a yard, unoccupied except by obstructions
permitted in yards by the definition of "yard" in this section, on
the same lot with a building, which is bounded on two or more sides
by the walls of such building.
Any court other than an outer court.
A court which extends to and opens for its full width on
a street, a permanent public open space or a required yard at least
20 feet wide.
See "lot coverage."
Daytime care or instruction of three or more persons away
from their own homes for more than three but less than 24 hours per
day, by an individual, association, corporation, institution or agency,
whether or not for compensation or reward.
Any establishment caring for children or adults that is not
considered a family day-care home, group family day-care home or family
adult day-care home. No day-care center shall be established without
prior licensing, and every special permit for a day-care center shall
be conditioned upon the licensing, certification or other approval
of every public agency charged with the regulation or supervision
of any facet of the activity of the proposed center.
A program licensed pursuant to § 390 of New York
State Social Service Law caring for children for more than three hours
per day per child in which child day care is provided in a family
home for three to six children. A family day-care provider may, however,
care for seven or eight children at any one time if no more than six
of the children are less than school age and the school-aged children
receive care primarily before or after the period such children are
ordinarily in school, during school lunch periods, on school holidays,
or during those periods of the year in which school is not in session,
in accordance with the regulations of the Department of Social Services,
and the Department of Social Services inspects such home to determine
whether the provider can care adequately for seven or eight children.
A program caring for adults for more than three hours per
day per person in which day care is provided in a family home for
three to six adults.
A program licensed pursuant to § 390 of New York
State Social Services Law and caring for children for more than three
hours per day per child in which child day care is provided in a family
home for seven to 10 children of all ages, or up to 12 children where
all of such children are over two years of age, except for those programs
operating as a family day-care home which care for seven or eight
children. A group family day-care provider may provide child day-care
services to two additional children if such additional children are
of school age and such children receive services only before or after
the period such children are ordinarily in school or during school
lunch periods, or school holidays, or during those periods of the
year in which school is not in session.
See "nursery school."
An uncovered, attached or freestanding, structure built
on supports, which is more than 18 inches above grade.
[Amended 12-20-2005 by Ord. No. 2005-394]
See "lot, depth of."
A building that is listed in the City of Rochester's Historic
Resources Survey that includes properties on the National Register
or which are contributing properties in a national or local historic
district as filed in the City Clerk's office.
Any change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling.[4]
The Manager of Zoning of the City of Rochester, or his or
her designee.
[Amended 6-16-2009 by Ord. No. 2009-179; 6-20-2017 by Ord. No. 2017-170]
A combination of an antenna or dish antenna whose purpose
is to receive communication or other signals from orbiting satellites
and other extraterrestrial sources; a low-noise amplifier (LNA) which
is situated at the focal point of the receiving component and whose
purpose is to magnify and transfer signals; and a coaxial cable whose
purpose is to carry the signals into the interior of the building.
The height of the antenna or dish measured vertically from
the highest point of the antenna or dish, when positioned for operation,
to the bottom of the base which supports the antenna.
A portion of the City of Rochester within which certain regulations
and requirements or various combinations thereof apply pursuant to
the provisions of this chapter.
See "lot, double-frontage."
The removal of surface or subsurface water from a given area
either by gravity or by pumping. The term is commonly applied to surface
and ground water.
The principal or accessory use which, by design of physical
facilities or by service or packaging procedures, encourages or permits
customers to receive a service or obtain a product directly while
remaining in a motor vehicle, and may include drive-in outdoor theaters,
fast-food establishments, banks and similar uses.
The private access delineated through pavement, gravel or
other surface from a public right-of-way to a side or rear yard parking
space or garage. The width of the driveway shall not exceed 10 feet
in the front yard of the dwelling.
[Amended 7-19-2011 by Ord. No. 2011-247[5]]
Any building or structure, or part thereof, used and occupied
for human habitation, or intended to be so used, and includes any
appurtenances belonging thereto.
A row of two or more adjoining dwelling units each on their
own lot, each of which is separated from the others by one or more
unpierced walls extending from ground to roof.
A dwelling designed for or occupied by more than two families.
[6]A dwelling designed for and occupied by not more than one
family and surrounded by open space or yards and having no roof, wall
or floor in common with any other dwelling unit.
A dwelling designed for and occupied by not more than two
families in separate dwelling units, each of which is totally separated
from the other by an unpierced wall extending from ground to roof
or an unpierced ceiling and floor extending from exterior wall to
exterior wall.
One room, or a group of rooms joined to each other, located
in a dwelling, designed and maintained as unified living quarters,
occupied by a family, containing integrated facilities used for living,
sleeping, cooking, eating and sanitation. Dwelling units must contain
at least one room with a minimum area of 150 square feet, with a minimum
horizontal dimension of 10 feet.
The rebuilding or remodeling of, addition to, alteration,
expansion, enlargement or conversion in any manner of an existing
building to increase the number of dwelling units contained therein.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his or her
property.
[Amended 2-14-2006 by Ord. No. 2006-22]
An electric vehicle charging station. also called "EV charging
station," "electric recharging point," "charging point" and "EVSE
(electric vehicle supply equipment)," is infrastructure that supplies
electric energy for the recharging of plug-in electric vehicles, including
all-electric cars, neighborhood electric vehicles and plug-in hybrids.
[Added 4-23-2014 by Ord. No. 2014-84]
An addition to the floor area of an existing building or
an increase in the size of any other existing structure.
Prerecorded music played as a matter of routine and completely
secondary to the principal use of a nonresidential establishment,
which is not audible beyond the property line of the establishment
premises between the hours of 10:00 p.m. and 8:00 a.m. and not audible
at a distance of 50 feet beyond such property line between the hours
of 8:00 a.m. and 10:00 p.m.
[Added 11-12-2019 by Ord.
No. 2019-325]
Any live or recorded entertainment or music other than background
entertainment, including but not limited to karaoke, that is completely
secondary to the principal use and that meets the following criteria:
[Amended 11-12-2019 by Ord. No. 2019-325]
The entertainment or music must be accessory to the principal
use and may not in any way constitute the primary function of the
operation.
The specific type of entertainment or music must be listed on the limited entertainment center license that is issued pursuant to Chapter 29, Amusements and Entertainment, of the Municipal Code.
There will be only one performer or performance group.
No dedicated stage nor dance area will be provided, nor will any permanent or temporary change to the approved floor plan be made to accommodate the use. For purposes of this section, "approved floor plan" is defined as the floor plan, seating plan, or other drawings and information that served as the basis for the establishment's latest building permit and maximum occupancy determinations issued pursuant to Chapter 39, Building Code, of the Municipal Code.
No cover charge or fee will be collected.
The entertainment or music must end no later than one hour prior
to closing time.
Any theatrical or musical performance, concert, athletic
contest or game, exhibition, or show, including a disc jockey or a
dedicated dance floor, which is offered, operated, presented or exhibited
to the public. This definition does not include municipal or school
auditoriums, athletic fields, playgrounds, or public parks, limited
entertainment or background entertainment.
[Amended 11-12-2019 by Ord. No. 2019-325]
A person who, for consideration as part of a business enterprise,
agrees, offers to, or models lingerie, performs a striptease, or performs
nude or seminude for another person at a location other than a sexually
oriented business.
A person or business enterprise that furnishes, offers to
furnish, or advertises to furnish, for consideration, escorts who
perform any escort services in the City. An escort agency that advertises
or holds itself out in signage visible from the public right-of-way
as "X...," "adult", or "sex" shall be considered an adult retail store.
An increase in the amount of existing floor area used for
an existing use within an existing building.
Any wall which defines the exterior boundaries of a building
or its courts or of a structure.
Persons occupying a dwelling unit and living together as
a family unit. It shall be presumptive evidence that more than four
persons living in a single dwelling unit who are not related by blood,
marriage, domestic partnership or legal adoption do not constitute
the family unit.
In determining whether individuals are living
together as a family unit, the following criteria must be present:
The occupants must share the entire dwelling
unit and live and cook together as a single housekeeping unit. A unit
in which the various occupants act as separate roomers may not be
deemed to be occupied by the functional equivalent of a traditional
family;
The group shares expenses for food, rent or
ownership costs, utilities and other household expenses;
The group is permanent and stable. Evidence
of such permanency and stability may include:
The presence of minor dependent children regularly
residing in the household who are enrolled in a local school;
Members of the household having the same address
for the purposes of voter registration, driver's license, motor vehicle
registration and filing of taxes;
Members of the household are employed in the
area;
The household has been living together as a
unit for a year or more whether in the current dwelling unit or other
dwelling units;
Common ownership of the furniture and appliances
among the members of the household; and
The group is not transient or temporary in nature;
Any other factor reasonably related to whether
or not the group is the functional equivalent of a family.
A fraternity or sorority will not be considered
the functional equivalent of a family.
See "day-care home, family adult."
See "day-care home, family."
Any fabric, banner, or bunting containing distinctive colors,
patterns, or symbols, used as a symbol of a government, political
subdivision or other entity.
A site, either indoors or outdoors, where individual stalls
or spaces are provided on a short-term basis for vendors to display,
buy, sell, exchange, or deal in new or used goods.
A general or temporary condition of partial or complete inundation
of normally dry land areas caused by overflow of inland or tidal waters
or the rapid accumulation or runoff of surface waters from any source.
The most current official map for the City which is prepared
by the Federal Emergency Management Agency as part of the Flood Insurance
Study. The FBFM delineates the regulatory floodway along watercourses
studied in detail in the Flood Insurance Study.
The most current official map for the City on which the Federal
Emergency Management Agency has delineated both the special flood
hazard areas and the risk premium zones in the City.
The most current official report for the City in which the
Federal Emergency Management Agency has provided flood profiles, as
well as the Flood Boundary and Floodway Map and the water surface
elevation of the base flood, titled "Flood Insurance Study, City of
Rochester, New York, Monroe County."
The regulatory floodway.
The sum of the gross horizontal areas of the several floors
of a building, measured from the interior face of exterior walls or
interior face of common walls. The floor area of a building shall
include basement floor area.
The floor area of a building, but excluding stairwells and
elevator shafts at each floor; floors or parts of floors devoted exclusively
to vehicular parking or loading; and all floors below the first or
ground floor except when used for or intended to be used for service
to the public as customers, patrons, clients, patients or tenants.
The gross floor area of the building or buildings on any
lot divided by the lot area of such lot.
See "retail sales and services."
A unit of illumination, technically, the illumination at
all points one foot distant from a uniform point source of one candle
power.
A dwelling unit maintained exclusively for members affiliated
with an academic or professional college, university or other recognized
institution of higher learning.
All the property fronting on one or both sides of a street,
measured along such street, between an intersecting or intercepting
street and another intersecting or intercepting street, a right-of-way
in excess of 30 feet, an end of a dead-end street, a river, a lake
or a City boundary.
See "lot line, front."
See "yard, front."
[7]A parking deck or any building, or part thereof, used or
intended to be used for the parking and storage of vehicles at one
or more levels.
A garage or parking lot which is ancillary to a principal
use not situated on the same parcel as such garage or lot, which is
not operated as a separate commercial enterprise available to the
public at large.
[Added 9-21-2010 by Ord. No. 2010-323]
A garage or parking lot used exclusively for the parking
and storage of vehicles owned or operated by residents of nearby dwelling
units and their guests, which is not operated as a commercial enterprise
available to the public at large and which is owned or operated cooperatively
by such residents or by the City of Rochester.
A garage or parking lot owned or operated by the City of
Rochester or other governmental entity and used primarily for the
parking and storage of vehicles owned by the general public.
A building, or portion thereof, other than a municipal or
community garage, used primarily for the parking and storage of vehicles.
[Amended 6-17-2003 by Ord. No. 2003-183]
All putrescible animal and vegetable waste resulting from
growing, processing, marketing, and preparation of food items, including
container in which packaged.
[Added 9-16-2015 by Ord.
No. 2015-297]
The elevation of the center line of the streets as officially
established by the City Engineering Department.
For completed surfaces of lawns, walks and roads:
For buildings and structures more than five
feet from any street line, the average level of the finished surface
adjacent to the building or structure.
For buildings or structures any portion of which
is located within five feet of a street line or lines, the center
line of the streets as officially established by the City Engineering
Department.
A roof partially or completely covered with vegetation and
a growing medium, typically planted over such layers as a waterproofing
membrane, root barrier, and drainage and irrigation systems.
[Added 7-14-2015 by Ord.
No. 2015-228]
See "lot coverage."
See "day-care home, group family."
Floor area in a habitable room having a clear floor-to-ceiling
height of not less than 7 1/2 feet over an area having no horizontal
dimension of less than seven feet, except that, in one- and two-family
dwellings having sloping roofs, the minimum ceiling height shall be
7 1/2 feet for at least 50% of the habitable floor area. Any area
where the height is less than five feet shall not be considered "habitable
floor area.”
[Amended 7-27-2004 by Ord. No. 2004-240]
Any room or enclosed space used or intended to be used for
sleeping, living, cooking or dining purposes, excluding such enclosed
places as utility rooms, closets, pantries, bath or toilet rooms,
hallways, cellars, storage spaces, garages and similar spaces. Dwelling
units must contain at least one room with a minimum area of 150 square
feet, with a minimum horizontal dimension of seven feet. Other habitable
rooms, except kitchens, shall have a habitable floor area of 70 square
feet.
[Amended 7-27-2004 by Ord. No. 2004-240]
That portion of an historic site which memorializes an event
or person of historical importance.
A parcel of land which marks or is associated with some event
or person of historical importance.
Signs in the nature of decorations, clearly incidental to
and customarily and commonly associated with any national, local or
religious holiday. Any other provision of this section to the contrary
notwithstanding, such signs may be of any type, number, area, height,
location, illumination or animation.
A residential facility operated by a provider, other than
a residential care facility, which provides temporary accommodations
to more than four homeless persons in a non-dormitory-style setting.
For the purpose of this definition, "provider" shall mean a government
agency or private nonprofit organization which provides, or contracts
with recognized community organizations to provide, emergency or temporary
shelter for the homeless. The homeless residential facility shall
operate 24 hours a day, seven days a week. Twenty-four-hour supervision
shall be required for homeless residential facilities.
A residential facility operated by a provider, other than
a residential care facility, which provides temporary accommodations
to homeless persons and/or families in a dormitory-style setting.
For the purpose of this definition, "provider" shall mean a government
agency or private nonprofit organization which provides, or contracts
with recognized community organizations to provide, emergency or temporary
shelter for the homeless. The shelter shall operate less than 24 hours
a day, seven days a week. Supervision shall be required for homeless
shelters during operating hours.
[Amended 6-17-2003 by Ord. No. 203-183]
A business, profession, occupation or trade and conducted
for gain or support entirely within a residential building, or a structure
accessory thereto by, which is incidental and secondary to the use
of such building for dwelling purposes and which does not change the
essential residential character of such building, lot or neighborhood
and which is owned and operated by a resident of such building or
dwelling. Not more than one person who is not a member of the family
residing on the premises shall be employed and then only as a clerical
assistant. No alteration of the principal residential building shall
be made which changes the character and appearance thereof as a dwelling.
The home occupation shall be conducted entirely within the principal
dwelling unit or in a permitted private garage accessory thereto,
and in no event shall such use be apparent from any public way.
[Amended 6-17-2003 by Ord. No. 2003-183]
One main building, or portion thereof, in which terminally
ill persons live in order to receive appropriate Medicare-certified
hospice services.
One or more buildings containing rooming unit(s) with private
bathrooms and with or without cooking facilities in which temporary
lodging is offered to the public for compensation. Hotels shall include
an area for the registration of guests and daily housekeeping provided
by the management. Hotels may provide amenities such as restaurants,
meeting rooms, swimming pools and exercise facilities to guests and
the general public.
[Amended 9-19-2017 by Ord. No. 2017-299]
The hours specified in this chapter which allow businesses
to be open to the public as well as loading, unloading and other service
operations related to the business. The presence of an owner or operator
within a building preparing for a business day is not considered to
be an operational function.
[Added 12-20-2005 by Ord. No. 2005-394]
A surface that prevents infiltration of water into the soil,
including but not limited to asphalt; concrete; packed gravel or crusher
run; and bricks, stones, or unit pavers set in or laid on top of mortar
or concrete.
[Added 9-19-2017 by Ord.
No. 2017-299]
Noise that contains clearly audible impulses. Impulse noise
that typically comes from hammering, pneumatic blasting, objects striking
each other, doors banging, etc., in connection with workshop activities,
material handling, loading and unloading and the like is included.
A meeting held by the Division of Zoning with interested
parties to discuss an application and receive comments.
Any household appliance, or parts thereof, including, but
not limited to, a stove, washing machine, dryer, dishwasher, freezer
refrigerator, air conditioner, water heater, or television, electronic
equipment and parts thereof, including but not limited to computers,
copiers, fax machines and printers, which is placed outside of any
residence or structure.
[Added 9-16-2015 by Ord.
No. 2015-297]
Furniture that is abandoned, discarded or damaged to an extent
that renders it unsuitable for its ordinary and customary use, including,
but not limited to, sofas, upholstered and unupholstered chairs, mattresses,
bed frames, desks, tables, and chests of drawers.
[Added 9-16-2015 by Ord.
No. 2015-297]
Worn-out or discarded material of little or no value which
is no longer intended or in condition for ordinary and customary use.
[Added 9-16-2015 by Ord.
No. 2015-297]
Any property or place where nonputrescible junk or salvage
materials are bought, exchanged, collected, received, stored, accumulated,
sold or otherwise transferred, other than wholly within an enclosed
building. In addition, a junkyard shall include property used for
the storage of impounded, abandoned, partially dismantled, obsolete
or wrecked automobiles, other than wholly within an enclosed building.
Any commercial building or lot on which four or more domesticated
animals more than four months of age are housed, groomed, bred, boarded,
trained or sold. This definition shall include temporary housing of
such animals for periods over four hours but shall not include private
residences where the animals are owned by the occupant.
Any City-designated structure, improvement, landscape feature
or cultural site that by its architectural or historic merit or impact
is worthy of special recognition and preservation.
Facilities engaged in the repair or servicing of industrial,
business, or consumer machinery, equipment, products, or by-products
mainly by providing centralized services for separate retail outlets.
"Light industrial" includes the growing and processing of agricultural,
hydroponic or aquaponic products, not including any livestock, which
are conducted solely within a building or group of buildings. Light
industrial uses will generate minimal truck trips, visual emissions,
noise, odors or vibrations and have minimal visual impact on an area.
[Amended 11-3-2022 by Ord. No. 2022-322]
See "adult retail store, limited."
The hours during which premises licensed by the State Liquor
Authority to sell liquor and/or wine for off-premises consumption
are allowed to be open pursuant to NYS Alcoholic Beverage Control
Law § 105.
[Added 11-3-2022 by Ord.
No. 2022-322]
Any dwelling used for both employment and living space by
a resident for such activities as studios for artists, crafters, photographers,
composers, writers and the like. The predominant use of a live-work
unit is residential, and commercial activity is a secondary use.
[Amended 6-17-2003 by Ord. No. 2003-183; 2-14-2006 by Ord. No. 2006-22]
An unobstructed, hard-surfaced area, no part of which is
located in any street or public right-of-way and the principal use
of which is for the standing, loading or unloading of trucks and trailers.
A roadway used primarily for providing access to abutting
property, not designed for through traffic, and so designated on the
thoroughfare plan of the Comprehensive Plan of the City of Rochester.
A tract of land under single ownership and occupied by, or
designated to be developed for, a building and its accessory buildings,
or a principal use, together with such open spaces and yards as are
designed and arranged, or required under this chapter, to be used
with such buildings or use. Every lot shall have access in accordance
with the provisions this chapter.
The total horizontal area included within lot lines.
That portion of the lot area required by the applicable provisions
of this chapter for each dwelling unit located on a lot.
That portion of the lot area required by the applicable provisions
of this chapter for each room located on a lot.
A lot abutting two intersecting streets, where the interior
angle of intersection does not exceed 135º. The yards adjacent
to both public or private streets shall be considered front yards
when determining appropriate setbacks.
The percentage of a lot area occupied by the ground area
of buildings over 144 square feet and impervious surfaces.
[Amended 12-20-2005 by Ord. No. 2005-394; 9-19-2017 by Ord. No. 2017-299]
The mean horizontal distance between the front and the rear
lot lines.
A lot having frontage on two nonintersecting streets.
The unbroken length of the front lot line which is contiguous
to a public street or private road.
A lot other than a corner lot.
In the case of an interior lot abutting only one street,
the line separating such lot from such street; in the case of a double-frontage
1ot, each line seperating such line from a street shall be considered
the "front lot line." In the case of a corner lot, the shorter lot
line separating such lot from a street shall be considered the "front
lot line."
[Added 6-17-2003 by Ord. No. 2003-183]
That lot line which is parallel to and most distant from
the front lot line of the lot; provided, however, that in the case
of an irregular, triangular or gore-shaped lot, a line 10 feet in
length, entirely within the lot, parallel to, and at the maximum possible
distance from, the front lot line shall be considered to be the rear
lot line.
The lines bounding a lot.
Any lot line other than a front or rear lot line.
The smallest lot on which a particular use or structure may
be located in a particular district.
A parcel of land that is a lot in a subdivision recorded
on the records of the Recorder of Deeds of Monroe County, New York,
or that is described by a metes and bounds description which has been
so recorded.
The horizontal distance between side lot lines measured at
the required front yard setback line; provided, however, that lot
width measured along the front lot line shall not be less than 80%
of the required minimum lot width.
The lowest level of a building, including a basement. An
unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
is not considered a building's lowest floor, provided that such enclosure
is not built so as to render the structure in violation of the applicable
non-elevation design requirements of this chapter.
The Manager of Plan Review for the City of Rochester.
Any factory, shop, yard warehouse, mill or other nonresidential
premises utilized in whole or in part for the processing, preparation,
production, cultivation, containerizing, storage or distribution of
goods, wares, commodities, parts, materials, electricity and the like,
and includes agricultural, hydroponic and aquaponic activities not
involving livestock when conducted solely within a building or group
of buildings. The processing, preparation and production activities
customarily deal with man-made, manufactured or raw materials and
other manufactured items which are altered, restored or improved by
the utilization of biological, chemical or physical actions, tools,
instruments, machines or other such similar natural, scientific or
technological means. "Manufacturing" shall also include the handling
of any waste products and materials. Manufacturing processes and treatments
include but are not limited to such operations as mixing, crushing,
cutting, grinding and polishing; casting, molding and stamping; alloying
and refining; assaying, cleaning, coating and printing; and assembling
and finishing.
[Amended 11-3-2022 by Ord. No. 2022-322]
Small boat harbor or boat basin providing dockage, supplies
and services for small pleasure craft.
Any permanent, roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building
without additional supports; unlike a canopy, a marquee generally
has more than one foot of vertical or wall space between the bottom
of it (which serves as an outdoor cover) and the top of it (which
serves as a roof).
A business enterprise offering massage conducted by persons
engaged in the practice of medicine, nursing, osteopathy, physiotherapy,
chiropractic, podiatry or massage therapy for which they are licensed
by the State of New York, or persons under the direct supervision
and control of such licensed persons.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations shown on the City's Flood Insurance Rate
Map are referenced.
See "lot, minimum area of."
A development or redevelopment that allows for more dense
development in a single building or on a single lot and includes a
mixture of uses, including but not limited to two or more of the following:
residential, commercial and industrial.
A building or group of buildings in which lodging is provided
for compensation for primarily automobile transients and which has
individual entrances from the outside of the building for at least
25% of the dwelling or rooming units located therein.
See "dwelling, multifamily."
See "garage or parking lot, municipal."
An institution, building, room or specified indoor or outdoor
area for preserving, exhibiting, demonstrating or interpreting art,
history, culture or nature or scientific objects or ideas.
Structures for which the start of construction commences
on or after the effective date of the applicable sections of this
chapter.
Any building or structure, other than a sign, lawfully existing
on the effective date of this chapter, or any modification to it rendering
such building or structure nonconforming, which:
Does not comply with all of the regulations
of this chapter, or any amendment of this chapter, governing parking,
space and bulk requirements for the zoning district in which such
building or structure is located; or
Is located on a lot which does not, or is so
located on a lot as not to, comply with the yard requirements for
the zoning district in which such building or structure is located;
or
Is a residential structure originally built
as a two-family, attached or multifamily dwelling or is the residential
built-as portion of a mixed-use building in an R-1 District; or
Is a built-as multifamily dwelling or the residential
portion of a mixed-use building in an R-2 District; or
Is the residential portion of a mixed-use building
in an R-3 District; or
Is any residential structure in a commercial
district used for its built-as purpose.
Is a residential structure in excess of 1,500 square feet gross
floor area originally designed for a use permitted in a zoning district
which has been structurally altered to such an extent that it is impracticable
to restore such structure to its built-as condition. Evidence of such
structural alteration shall be submitted by a licensed professional.
[Added 11-15-2011 by Ord. No. 2011-349]
A lot of record which does not comply with the lot requirements
for any permitted use in the district in which it is located.
Any use lawfully being made of any land, building or structure,
including an accessory use on the effective date of this chapter,
or any amendment to it rendering such use nonconforming, which does
not comply with all of the regulations of this chapter, or any amendment
hereto, governing use for the zoning district in which such land,
building or structure is located. Nonconforming structures, as defined
by this chapter, are excluded from this definition.
[Amended 7-27-2004 by Ord. No. 2004-240]
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, or the showing of the covered male genitals in a discernibly
turgid state.
A place providing or designed to provide daytime care or
instruction for three or more children from two to five years of age
away from their home for up to three hours per day, whether or not
for compensation or reward.
An establishment which provides full-time convalescent or
chronic care, or both, for three or more individuals who are not related
by blood or marriage to the operator and who, by reason of advanced
age, chronic illness or infirmity, are unable to care for themselves.
No care for the acutely ill or surgical or obstetrical services shall
be provided in such an establishment. A hospital shall not be construed
to be included in this definition.
An establishment providing personal, financial, legal, medical
and technical services, assistance, advice and the like to individual
consumers, including clinics.
[Added 6-17-2003 by Ord. No. 2003-183]
The approved list of individuals identified by the City of
Rochester's Neighborhood Service Centers (NSC) as those representing
officially recognized City of Rochester neighborhood organizations.
[Amended 6-17-2003 by Ord. No. 2003-183; 8-21-2018 by Ord. No. 2018-260]
The Official Street Map herein defined is the Official Street
Map authorized by § 26 of the New York General City Law.
See "base flood."
The area covered by floodwater as a result of the flood having
a one-percent chance of being equaled or exceeded in any given year,
designated as Zones A and A1 - 99 on the Flood Insurance Rate Map.
Premises used for the on-site consumption of cannabis in
a manner that requires a license under the NYS Cannabis Law; a type
of cannabis establishment.
[Added 11-3-2022 by Ord.
No. 2022-322]
See "porch, open."
Recreational uses conducted in open or partially enclosed
or screened facilities. Typical uses include driving ranges, miniature
golf courses, golf courses, swimming pools, tennis courts, and outdoor
racquetball courts.
An outdoor site where individual stalls or spaces are provided
on a short-term basis for vendors to display, buy, sell, exchange,
or deal in new or used goods.
The placing, maintaining, keeping or abandonment of junk,
junk furniture, junk appliances, commercial or industrial materials,
contractor storage, garbage, rubbish, litter and debris in a place
other than a structure with a roof and fully enclosed on all sides.
[Amended 9-16-2015 by Ord. No. 2015-297]
Includes the holder of legal title as well as holders of
any equitable interest, such as trust beneficiaries, contract purchasers,
option holders, lessees under leases having an unexpired term of at
least 10 years, and the like. Whenever a statement of ownership is
required by this chapter, full disclosure of all legal and equitable
interests in the property is required.
Any land consisting of one or two parking spaces accessory
to a single-family, semidetached, two-family or attached dwelling.
Any land area used or intended to be used for the temporary
parking of three or more licensed vehicles or the portion of a vehicle
sales operation utilized for the display of vehicles or customer parking.
[8]A space for the temporary parking of a motor-driven vehicle within a public or private parking area that meets the design standards outlined in § 120-173.
An unroofed outdoor area that is constructed of dry laid
natural or manufactured stone, brick, concrete unit pavers, or similar
materials, or natural wood or manufactured planks with or without
joists where the surface is less than 18 inches above the adjacent
ground level. The area is capable of bearing pedestrian travel, including
wheelchairs, and the area is used solely as an accessory outdoor recreational
space in conjunction with the primary use. The area has some degree
of permeability to permit water to percolate through the surface and
soak into the underlying earth; therefore, impervious surfaces such
as asphalt and concrete (except a concrete slab no more than 100 square
feet in area) are not considered patios.
[Amended 7-19-2011 by Ord. No. 2011-247[9]]
Any business or location in which a collateral loan broker,
as defined in Article 5 of the New York State General Business Law,
is operating.
[Added 9-19-2012 by Ord. No. 2012-363]
A facility serving and subordinate in area, extent and purpose
to, and on the same lot as, a telecommunications tower or antenna
location. Such facilities include, but are not limited to, transmission
equipment, storage sheds, storage buildings and security fencing.
Facilities for the provision of commercial mobile services,
unlicensed wireless services and common carrier wireless exchange
access services, including but not limited to antennas, telecommunications
towers and accessory facilities.
A structure, usually of open construction, extending into
the water from the shore. It serves as a landing and moving place
for vessels or for recreational uses. Includes trestles, platforms
and docks.
A structure owned and/or used by a religious organization
for worship, religious training, or education.
A roofed open structure projecting from the exterior wall
of a building and having at least 70% of the total area of the vertical
planes forming its perimeter unobstructed in any manner except by
insect screening between floor and ceiling.
A lot, plot or parcel of land, together with the buildings
and structures thereon. When used in the context of sexually oriented
businesses, "premises" means the building in which a sexually oriented
business is conducted as well as its surrounding yard and parking
areas and any additional parking areas required for compliance with
this chapter.
Any City-designated preservation district.
The guidelines adopted by the Preservation Board.
The building facade that faces the primary street.
[Added 6-17-2003 by Ord. No. 2003-183; amended 7-14-2015 by Ord. No.
2015-228]
A building and related facilities owned or operated by a
corporation, association or group of persons for social, educational
or recreational purposes of members regularly paying dues, but not
primarily for profit nor to render a service which is customarily
carried on as a business.
See "garage or parking lot, private customer and employee"
and "garage, private residential."
Uses operated by the public or semipublic body such as schools,
public libraries, fire and public safety buildings, museums, parks,
public meeting halls, governmental buildings and community centers.
See "garage or parking lot, public."
See "garage or parking lot, public."
See "lot line, rear."
See "yard, rear."
[10]A building used as a residence, operated as a single housekeeping
unit, solely by and for a group who have professed vows in a religious
order and who live together as a community under the direction of
a resident pastor or superior, without more than two persons occupying
any one bedroom.
Any building or portion of a building in which recyclable
material, limited to paper, cans, glass, plastic, cardboard, or the
like, is collected, stored or processed in an enclosed building for
the purpose of marketing the material for use as raw material in the
manufacturing process of new, reused or reconstituted products.
See "development or redevelopment."
The regulatory floodway in the City is delineated on the
Flood Boundary and Floodway Map, and the base flood elevations in
the floodway are listed in the Flood Insurance Study. The regulatory
floodway is the channel of a river or other watercourse and the adjacent
land area which must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
A building the principal use of which is a residential use.
A dwelling unit or dwelling units within a building providing
twenty-four-hour supervised room, board and care in a residential
setting to residents thereof whose status limits their ability to
live independently, and secondarily for training, rehabilitation and
nonclinical services. Room or rooms may be regularly locked where
a matter of owner policy, and occupancy is by a person, persons, or
family as authorized by the operator. The term excludes facilities
subject to New York State Mental Hygiene Law § 41.34. Residential
care facilities shall not include a clinic, institution, hospital,
nursing home, convalescent home, school, child day-care center, adult
day-care center, nursery school, dormitory, homeless residential facilities
or other similar use. The term shall not be applied to owner-occupied
premises with one or two roomers.
An establishment where food is prepared and available to
the general public for a determined compensation, seating is provided
primarily for consumption within a structure on the premises and where
the consumption of food in motor vehicles on the premises is neither
encouraged nor permitted.[11]
The sale, provision of service or on-premises incidental
production or assembly of general merchandise to the general public
for direct use or consumption. This shall include carry-out restaurants
and the like with six or fewer seats.
[Added 8-9-2016 by Ord.
No. 2016-263]
The highest point of a roof or parapet for flat roofs; the
deckline for mansard roofs; the mean height between eaves and ridge
for gable, hip and gambrel roofs.
Any dwelling containing one or more rooming units in which
individual units are let by the owner or operator to non-family members
with no more than two persons per unit and where a twenty-four-hour
resident property manager is available for five or more rooming units;
this would include dormitories. For fewer than five rooming units,
a property manager must be available 24 hours and his or her name
and phone number must be posted inside the building. The term shall
not be applied to owner-occupied premises with one or two roomers.
[Amended 2-14-2006 by Ord. No. 2006-22]
Any habitable room or group of not more than two habitable
rooms forming a single habitable unit used or intended to be used
for living and sleeping but not for cooking or eating purposes.
Ordinary household or commercial trash, including but not
limited to paper and paper products, barrels, cartons, boxes, cardboard,
cans, glass, metals, machinery, plastics, rubber crates, furniture,
rugs, clothing, rags, mattresses, blankets, tires, automobile and
other vehicle parts, lumber, brick, stone, and other building materials
no longer intended or in condition for ordinary use.
[Added 9-16-2015 by Ord.
No. 2015-297]
A business required to be licensed as a secondhand dealer in accordance with Municipal Code Chapter 96, Secondhand Dealers, excluding vehicle-related dealers.
[Added 8-9-2016 by Ord.
No. 2016-263]
The showing of the female breast with less than a full opaque
covering of any portion thereof below the top of the areola, or the
showing of the male or female buttocks. This definition shall include
the entire lower portion of the human female breast, but shall not
include any portion of the cleavage of the human female breast exhibited
by a dress, blouse, skirt, leotard, bathing suit, or other wearing
apparel provided the areola is not exposed in whole or in part.
A roadway running parallel to and used primarily for providing
access to an expressway so designated on the thoroughfare plan of
the Comprehensive Plan of the City of Rochester.
Books, magazines, pamphlets, pictures, drawings, photographs,
video tapes, digital video disks, motion-picture films or sound recordings,
or printed, visual and audio materials of any kind which are characterized
by their emphasis on the description or depiction of specified anatomical
areas or specified sexual activities.
An adult retail store, limited adult retail store, adult
arcade, adult cabaret, adult movie theater, or escort agency.
All sexually oriented toys and novelties and sexually oriented
books and videos.
Instruments, devices or paraphernalia either designed as
representations of human genital organs or female breasts, or designed
or marketed primarily for use to stimulate human genital organs, except
medical devices approved by the Food and Drug Administration.
Any indoor place or range for shooting and discharging firearms
at a target. Outdoor shooting ranges are prohibited in the City.
[Added 7-19-2011 by Ord. No. 2011-247[12]]
See "lot line, side."
See "yard, side."
See "yard line, side."
A name, identification, description, display or illustration
which is affixed to, or represented directly or indirectly upon, a
building, structure, or piece of land and which directs attention
to an object, product, place, activity, person, institution, organization,
or business. "Sign" does not include attention-getting devices, merchandise,
pictures or models of products or services incorporated in a window
display, works of art which in no way identify a product, graffiti
or scoreboards located on athletic fields.
A sign displaying the number or other designation assigned
to a housing unit, business establishment, or other structure for
purposes of mail delivery and emergency services.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
Any sign attached to a building, other than a roof sign,
including but not limited to wall signs and projecting signs.
The portion of a building originally designed for the placement
of a sign, and may include only a portion of the building over the
door or may extend the length of the building.
See “ sign .”
[Added 6-17-2003 by Ord. No. 2003-183]
Any sign not attached to a building.
The area of the sign where the name, identification, description,
display or illustration is located, not including the structural support
for the sign.
Any sign indicating the name of a building and date and incidental
information about its construction.
A small sign or placard identifying any historic area, building,
district or site.
Any sign lawfully existing on the effective date of this
chapter, or any amendment to it rendering such sign nonconforming,
which does not comply with all of the standards and regulations of
this chapter or any amendment hereto.
A sign expressing support for a candidate for public office
or expressing any other position regarding a public figure or a public
issue but bearing no commercial message whatsoever.
Any sign not permanently attached to the ground or other
permanent structure or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs made as A-frames or T-frames; menu and sandwich board signs;
balloons used as signs; umbrellas used for commercial messages; and
signs attached to or painted on vehicles parked and visible from the
public right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business.
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
A sign that is placed above or supported on the top of a
building.
Any sign that is used only for a short, specifically limited
time and that is not permanently mounted.
Any sign that is placed inside a window or upon the window
panes or glass and is visible from the exterior of the window.
See "dwelling, single-family detached."
The filling, stripping of vegetation, grading or altering
of existing topography.
A device, or combination of devices, structure or part of
a device or structure (i.e., array, panel, etc.) that transforms direct
photovoltaic solar energy into thermal, chemical or electrical energy.
Solar collectors may be attached to or detached from principal structures.
[Amended 9-16-2015 by Ord. No. 2015-295]
A complete design or assembly consisting of a solar energy
collector and other components for the transformation, processing,
storage, transmission, and/or distribution of photovoltaic solar energy
for the purposes of space heating and cooling, electricity supply,
and/or water heating.[13]
[Amended 9-16-2015 by Ord. No. 2015-295]
See "fraternity or sorority house."
Any construction involving buildings or other structures
that results in an increase in ground coverage; installation of underground
utility systems; all improvements that significantly increase the
amount of surface paved area; all mining and drilling; and all substantial
dredging, filling, excavating or grading, or any man-made change to
improved or unimproved real estate located within the special flood
hazard area.
The land located in the one-hundred-year floodplain, designated
as Zones A and A1 - 99 on the Flood Insurance Rate Map, commonly referred
to as the "base floodplain" or the "one-hundred year floodplain."
Any showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or showing of
the female breast with less than a fully opaque covering of any portion
thereof below the top of the nipple, or the depiction of covered male
genitals in a discernibly turgid state.
Actual or simulated acts of masturbation, sexual intercourse,
oral or anal copulation or sadomasochism; fondling or other erotic
touching of or physical contact with one's own or another's genitals,
pubic area, buttocks or female breasts, whether clothed or unclothed;
human male or female genitals when in a state of sexual stimulation
or arousal; or excretory functions or acts with animals as part of
or in conjunction with any of the activities set forth herein. Activities
that are commonly referred to by the slang terms "lap dance," "straddle
dance," "face dance" or "table dance" shall be included in this definition.
For purposes of this definition, "sadomasochism" means infliction
of pain, flagellation or torture, or the condition of being bound,
fettered or otherwise physically restrained.
See "contractor storage."
[Added 9-16-2015 by Ord.
No. 2015-297]
See "outdoor storage."
That portion of a building, including a basement, between
the surface of any floor and the surface of the floor next above;
also, any portion of a building used for human occupancy between the
topmost floor and the roof. A half story shall include that part of
a building between a pitched roof and the uppermost full story, having
a ceiling height of seven feet or more for not exceeding 1/2 the floor
area of such full story. For purposes of side yard determination,
a basement shall be counted as a half story.
A public or private way, square or lane, having a right-of-way
at least 40 feet in width, permanently open to common and general
use, which affords the principal means of access to abutting property;
provided, however, that any such way, square or lane which has a right-of-way
at least 20 feet in width and which existed prior to September 24,
1957, shall be considered a "street."
The length of a lot along the lot line abutting the right-of-way
line of any public street.
[Amended 7-14-2015 by Ord. No. 2015-228]
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
Anything constructed or erected with a fixed location on
the ground above grade but not including poles, lines, cables or other
transmission or distribution facilities of public utilities.
A dwelling unit consisting of not more than one habitable
room together with kitchen or kitchenette and sanitary facilities.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or before
the damage occurred, if the structure has been damaged and is being
restored. This term does not include any project for improvement of
a structure to comply with state or local building, fire, health,
sanitary or safety code specifications which are solely necessary
to assure safe living conditions or any alteration of any structure
or contributing structure listed on the National Register of Historic
Places or the State Inventory of Historic Places.
A freestanding structure on which transmitting and/or receiving
antennas are located, including lattice towers, guyed towers, monopoles
and similar structures, which may employ camouflage technology.
A temporary use is one established for a fixed period of
time with the intent to discontinue such use upon the expiration of
such time. Such uses do not involve the construction or alteration
of any permanent structure.
An above-grade-level plane constructed of unit paving materials
within or at 18 inches of grade.
[Amended 12-20-2005 by Ord. No. 2005-394]
Any indoor or outdoor place or premises where trucks, tractors
and/or trailers park or are assigned, stationed, fueled, stored, loaded
or unloaded, except when accessory to a manufacturing or commercial
use where said vehicles are used solely for the delivery of supplies
and/or for the transport of manufactured items or commercial goods
or services originating away from said use.
See "dwelling, two-family."
[14]Engine repair, body work, frame straightening, painting,
upholstering, steam cleaning, electrical work, tuneups and all other
passenger vehicle repair activities not specifically listed in the
definition of "vehicle service station."
Any building, land area or other premises used for the display
or sale of new or used automobiles, motorcycles, trucks, trailers
or boats, but not including any repair work other than warranty and
other repair service conducted as an accessory use on such premises.
[Amended 6-17-2003 by Ord. No. 2003-183]
Any building, land area or other premises, or portion thereof,
used or intended to be used for any one or a combination of the following
activities:
Retail dispensing or sales of automobile fuels.
Retail dispensing or sales of automobile lubricants,
including oil changing and chassis lubrication where substantial disassembly
is not required.
Retail dispensing or sales of automobile coolants.
Hand or machine washing in a single bay auto
wash.
Incidental repair or replacement of parts, such
as windshield wiper blades, light bulbs, air filters, oil filters,
batteries, belts, tires, fuses and the like. Vehicle wrecking, vehicle
repair, muffler/exhaust systems, parking or storing of vehicles for
hire, and the operation of more than one towing vehicle shall not
be deemed permissible accessory uses of a "vehicle service station."
Any outdoor area used for the storage of vehicles.
[Amended 6-17-2003 by Ord. No. 2003-183]
The dismantling or disassembling of motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A visually unobstructed aboveground space and passage affording
a clear, eye-level view of and direct pedestrian access to the edge
of the Genesee River. The corridor connects the public sidewalk on
the first parallel street back from the river or a public park or
open space between said street and the river with a river pathway
along the edge of the river.
An opening in a building designed and intended to permit
pedestrians to receive a service or obtain a product without entering
the building.
A completely enclosed building or buildings where putrescible
and nonputrescible materials are stored, treated or transferred from
one kind of transportation to another, for future movement to a landfill,
recycling processor or other resource/waste facility.
A channel in which a flow of water occurs, either continuously
or intermittently, and, if the latter, with some degree of regularity.
Such flow must be in a definite direction. Watercourses may be either
natural or artificial, and the former may occur either on the surface
or underground.
A roof designed to deliver high solar reflectance, reducing
heat transfer to the building.
[Added 7-14-2015 by Ord.
No. 2015-228]
The buying or selling or arranging for sale of goods or commodities,
usually in bulk, for purchasers other than individual customers, to
include offices but not to include freight distribution centers, large
storage facilities or the use of delivery trucks in the routine operation
of the business.
See "lot, width of."
A system of components which converts the kinetic energy
of the wind into electrical or mechanical power and which comprises
all necessary components, including energy storage, power conditioning,
control systems, transmission systems (where appropriate) and structural
support systems, to provide electricity or mechanical power for residential,
commercial, industrial, utility or governmental use. The height of
the WECS is the height of the actual tower plus 1/2 the rotor diameter
on horizontal axis installations and, on vertical axis installations,
the distance from the base of the tower to the top of the unit.
[Amended 6-17-2003 by Ord. No. 2003-183]
An open space on the same lot with a building or structure.
An open space extending the full width of the lot between
a main front building line and the front lot line, unoccupied and
unobstructed by buildings or structures from the ground upward, the
depth of which shall be the least distance between the front lot line
and the front of the main front building line. On corner lots, the
front yard shall be any yard that fronts on a street. In the case
of uses or parcels without a principal structure, the front yard shall
be a line drawn parallel to a front lot line a distance equal to the
depth of the required front yard setback.
An open space extending the full width of the lot between
the rearmost main building and the rear lot line, unoccupied and unobstructed
by buildings or structures from the ground upward, except as before
specified, the depth of which shall be the least distance between
the rear lot line and the rear of such main building.
An open space extending from the front yard to the rear yard
between a main building and the side lot line, unoccupied and unobstructed
by buildings or structures from the ground upward. The required width
of a side yard shall be measured horizontally from the nearest part
of the main building. An interior side yard is any side yard not on
the street side of a corner lot.
The Zoning Division of the City of Rochester.
[1]
Editor's Note: The former definition of "ancillary garage
or parking lot," which immediately followed this definition, was repealed
9-21-2010 by Ord. No. 2010-323. See now the definition of "garage
or parking lot, ancillary."
[2]
Editor's Note: The former definition of “building coverage,”
which immediately followed this definition, was repealed 9-19-2017
by Ord. No. 2017-299. The former definitions of “building front”
and “building frontage,” which had immediately followed
the definition of "building coverage," were repealed 7-14-2015 by
Ord. No. 2015-228.
[3]
Editor's Note: The former definition of "community center,
public," which immediately followed this definition, was repealed
9-21-2010 by Ord. No. 2010-323
[4]
Editor's Note: The former definition of "development
plan," which immediately followed this definition, was repealed 6-14-2005
by Ord. No. 2005-161.
[5]
Editor's Note: This ordinance provided an effective date of
9-1-2011.
[6]
Editor's Note: The former definition of “semidetached
dwelling,” which immediately followed, was repealed 6-17-2003
by Ord. No. 2003-183.
[7]
Editor's Note: The former definition of "front
yard line," which immediately followed this definition, was repealed
6-17-2003 by Ord. No. 2003-183.
[8]
Editor's Note: The former definition of “private
customer and employee parking lot,” which immediately followed,
was repealed 6-17-2003 by Ord. No. 2003-183.
[9]
Editor's Note: This ordinance provided an effective date of
9-1-2011.
[10]
Editor's Note: The former definition of “rear
yard line,” which immediately followed, was repealed 6-17-2003
by Ord. No. 2003-183.
[11]
Editor's Note: The former definitions of "retail sales and
service, full-line food store," added 9-19-2012 by Ord. No. 2012-363,
as amended; "retail sales and service, high-impact," added 9-19-2012
by Ord. No. 2012-363, as amended; "retail sales and service, low-impact,"
added 9-19-2012 by Ord. No. 2012-363; and "retail sales and service,
specialty," added 9-19-2012 by Ord. No. 2012-363, as amended, all
of which had followed this definition, were repealed 8-9-2016 by Ord.
No. 2016-263. The former definition of "retail sales and service,
high-impact," added 9-19-2012 by Ord. No. 2012-363, which had immediately
followed the definition of "retail sales and service, full-line food
store," was repealed 11-17-2015 by Ord. No. 2015-355.
[12]
Editor's Note: This ordinance provided an effective date of
9-1-2011.
[13]
Editor's Note: The former definitions of "solar energy system,
active" and "solar energy system, passive," which immediately followed
this definition, were repealed 9-16-2015 by Ord. No. 2015-295.
[14]
Editor's Note: The former definitions of "variance,
area" and "variance, use," which immediately followed, were repealed
7-27-2004 by Ord. No. 2004-240.
