This chapter shall be known and may be referred
to as the "Rochester Zoning Code."
This chapter establishes and implements regulatory
powers to the ends that adequate light, pure air, convenient access
and safety from fire, flood and other dangers may be secured; that
the taxable value of land and buildings throughout the City may be
conserved and enhanced; that congestion in the public streets may
be lessened or avoided; that the hazards to persons and damage to
property resulting from the accumulation or runoff of stormwater may
be lessened or avoided; that sites, areas and structures of historical,
architectural and aesthetic importance may be preserved; and that
the public health, safety, comfort, morals and welfare may otherwise
be promoted. To these ends this chapter is enacted to:
A.
Conform to the City's Rochester 2034 Comprehensive
Plan, Subdivision Ordinance, Official Street Map, Capital Improvement
Program, Functional Street Classification Map, Center City Design
Language, Center City Development Objectives and Adopted Urban Renewal
Plans.
[Amended 2-16-2021 by Ord. No. 2021-37]
B.
Guide and regulate the orderly growth, development
and redevelopment of the City of Rochester in accordance with a well-considered
plan and with long-term objectives, principles and standards deemed
beneficial to the interest and welfare of the people.
C.
Protect the established character and the social and
economic well-being of both private and public property.
D.
Promote, in the public interest, the utilization of
land for the purposes for which it is most desirable and best adapted.
E.
Regulate and limit the height, bulk and location of
buildings.
F.
Establish, regulate and limit the building or setback
lines on or along streets in the City.
G.
Regulate and limit the density of population and the
intensity of uses of lot areas.
H.
Regulate and determine the area of yards, courts and
other open spaces within and surrounding buildings.
I.
Classify, regulate and restrict the location of trades
and industries and the location of buildings designed for specified
industrial, business, residential and other uses.
J.
Divide the entire City into districts of such number,
shape and area and of such different classes according to use of land
and buildings, height and bulk of buildings, intensity of use of lot
areas, area of open spaces and other classifications as may be deemed
best suited to regulate development.
K.
Fix standards to which buildings or structures in
such districts shall conform.
L.
Prohibit uses, buildings or structures incompatible
with the character of established districts.
M.
Provide regulations pertaining to preexisting lots,
structures and uses that do not conform to the regulations, standards,
restrictions and limitations established by this chapter.
N.
Prevent additions to and alteration or remodeling
of existing buildings or structures in such a way as to avoid the
restrictions and limitations lawfully imposed by this chapter.
O.
Provide for variances from such regulations, standards,
restrictions and limitations.
P.
Provide for special permit uses, planned development
district uses, cluster development uses and other uses requiring special
approval, within the established districts.
Q.
Provide administrative bodies and procedures as shall
be necessary to the implementation and enforcement of the various
provisions of this chapter.
R.
Provide for the orderly amendment of this chapter.
A.
General scope.
(1)
Territorial application. This chapter shall apply
to all structures, land and uses within the corporate limits of the
City of Rochester, New York.
(2)
General application. All buildings and structures erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, structures, uses or land is located. Existing buildings, structures and uses that do not comply with the regulations of this chapter shall be allowed to continue subject to the provisions of Article XXIV relating to nonconformities.
(3)
General prohibition. No building or structure; no
use of any building, structure or land; and no lot of record or zoning
lot now or hereafter existing shall hereafter be established, altered,
moved, divided or maintained in any manner except as authorized by
the provisions of this chapter.
(4)
Private agreements. This chapter is not intended to
abrogate, annul or otherwise interfere with any easement, covenant
or other private agreement or legal relationship; provided, however,
that where the regulations of this chapter are more restrictive or
impose higher standards or requirements than such easements, covenants
or other private agreements or legal relationships, the regulations
of this chapter shall govern.
B.
Existing variances and special permits. Any variance, special exception or special permit lawfully issued prior to the effective date of this chapter, or any amendment thereof, which could be lawfully issued pursuant to the provisions in effect after such effective date shall be deemed to be and continue valid after such effective date. Any structure or use lawfully authorized by any such variance or special permit that could not be so issued after such effective date shall be allowed to continue subject to the provisions of Article XXIV dealing with lawfully existing nonconformities.
C.
Building permits issued prior to effective date.
(1)
Completion of construction. Nothing in this chapter
shall be deemed to require any change in the plans, construction or
designated use of any structure in the event that:
(a)
A building permit for such structure was lawfully
issued prior to the effective date of this chapter, or any amendment
thereof; and
(b)
Such permit had not by its own terms expired
prior to such effective date; and
(c)
Such permit was lawfully and properly issued
in accordance with the law prior to such effective date; and
(d)
There has been a substantial change of position,
substantial expenditures or incurrence of substantial obligations
by the permit holder in reliance on such permit; and
(e)
Such change of position, expenditures or incurrence
of obligations occurred prior to the time the permit holder had actual
or constructive knowledge of any proposed amendment to this chapter
which would, upon adoption, make the issuance of such permit illegal;
and
(f)
Construction pursuant to such permit is commenced
prior to the expiration of such permit and within 90 days of such
effective date and is thereafter diligently pursued to completion.
(2)
Right to occupy as nonconformity. Upon completion of construction pursuant to the regulations in this chapter, such structure may be occupied by, and a certificate of occupancy shall be issued for, the use designated on such permit, subject thereafter to the provisions of Article XXIV, Nonconforming Uses, Structures, Lots and Signs.
D.
Pending applications. Any complete application submitted
prior to the effective date of the adoption of this Zoning Code or
any subsequent amendment thereto shall proceed under the regulations
in place at the time such application was determined complete.
E.
Repeal of prior provisions. Chapter 115 of the Rochester
Municipal Code is hereby repealed in its entirety. Except as expressly
provided in said ordinance and this chapter, as revised thereby, such
repeal shall not affect or impair any act done, offense committed
or right accruing, accrued or acquired or liability, penalty, forfeiture
or punishment incurred prior to the time such repeal takes effect,
but the same may be enjoyed, asserted, enforced, prosecuted or inflicted
as fully and to the same extent as if such repeal had not been effected.
F.
Severability; provisions declared invalid.
(1)
If any court of competent jurisdiction shall adjudge
any provision of this chapter to be invalid, such judgment shall not
affect any other provisions of this chapter.
(2)
If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this chapter to a particular
property, building or structure, such judgment shall not affect the
application of the said provision to any other property, building
or structure.
G.
Effective date . This chapter shall take effect on
January 1, 2003. Whenever used in this chapter, the term "effective
date" shall mean January 1, 2003.
[Amended 12-17-2002 by Ord. No. 2002-386]
