[Added 9-15-2005 by L.L. No. 17-2005]
The primary purpose of the Corporate Commerce
District C-1 is to permit, where appropriate, the construction of
facilities providing research and development, and information and
communication services. This district is primarily for the location
of high-technology facilities, office parks, research and development
facilities and headquarters of corporations and organizations, with
light manufacturing that is consistent with the purpose of this article.
The district is also intended to provide a location for office, research,
computer and telecommunication uses in a well-designed and landscaped
setting. By establishing design and site development standards, the
C-1 District encourages the. creation of a quality office and technology
building environment. The district is also intended to allow various
nonretail service-oriented uses in areas transitioning from residential
to nonresidential uses, so as to preserve the residential character
of the area. The district provides a greater variety of uses for existing
residential structures/lots located along major roadways whose appeal
as strictly a single-family residence is being impacted by increased
traffic and development. Because of the generally low volume of traffic
associated with such uses and their hours of operation and noise characteristics,
they are compatible as transition uses.
A.
An owner shall be permitted to have more than one
tenant in an approved facility as long as all occupancies fall within
the permitted use. The following uses are permitted in a C-1 District:
(1)
Scientific, industrial or experimental research;
testing and development of materials, methods or products, including
engineering and laboratory research and commercial, physical and biological
research.
(2)
Information and communication services, including
commercial computer services.
(3)
Headquarters and offices of corporations and
companies, including single- or multi-building office parks.
(4)
Headquarters and offices of membership, organizations,
unions, charitable institutions and professional and educational organizations.
(5)
Finance and insurance services, including banks,
brokerage houses, investment counseling services and processing of
insurance information and all services related thereto.
(6)
Offices for licensed professionals, including
engineers, surveyors, architects, and attorneys.
(7)
Barber or beauty shops.
(8)
Physicians, engineering and management consulting
services.
(9)
Public administration.
(10)
Day-care services.
(11)
Buildings accessory to the above which are an
integral part of any of the above uses and not in conflict with the
purpose of this article as set forth above, which determination shall
be made by the Planning Board.
(12)
Medical facilities.
(13)
Executive, sales, accounting, professional and
general business offices.
(14)
Electronics, telecommunication and computer
business and service offices and facilities.
(15)
Institutional, philanthropic and governmental
offices.
(16)
Data processing and computer services.
(17)
Medical offices.
(18)
Banks.
(19)
Hotels, except that said hotels must be a minimum
of four stories.
(20)
Personal service shops including but not limited
to barbershops, shoeshine shops, beauty parlors, dry-cleaning and
laundry-pickup and delivery shops and card shops.
(21)
Public parks.
B.
In conjunction with the permitted uses, 20% of the
gross floor area of the main facility may be used for assembling of
products directly related to the approved use.
The following special uses may be permitted or denied subject to review under Article XIX of this chapter:
A.
Warehousing and distribution facilities accessory
to a permitted use above.
B.
Light manufacturing conducted within a completely
enclosed building, provided that there is no outdoor storage of material
or product.
C.
Publishing, printing or bookbinding facilities.
D.
Motor vehicle fueling stations and car washes with
buildings and canopies not to exceed a combined 5,000 square feet.
E.
The excavation and removal of stone and gravel.
F.
Electrical substation, gas district governor station,
telephone exchange or other public utility building, structure or
use.
G.
Timbering.
H.
Storage of LP gas in excess of 1,100 gallons.
I.
All other telecommunication towers as needed to support
the permitted use.
A.
Lot area. The minimum lot size shall be one acre (43,560
square feet), and the minimum width at the front building line shall
be 150 feet. There is no maximum lot size so long as such use will
promote the intent and purpose of this article. In making such determination,
the Planning Board shall find that the acreage will not prevent the
orderly and reasonable use of adjacent properties or of properties
in adjacent use districts; that the acreage would not prevent the
orderly and reasonable use of permitted or legally established uses
in the district wherein the proposed use is to be located; that the
health, safety, welfare or order of the Town will not be adversely
affected by the proposal; and that the proposal will be in harmony
with and promote the general purposes and intent of this article.
In addition to the above standards, the Planning Board shall also
consider the character of the existing uses and approved future development
in the district and the peculiar suitability of such district for
the location of any such proposal; the conservation of property values
and the encouragement of the most appropriate use of land; the effect
that the location of the proposal may have on the increase of vehicular
traffic congestion of public streets and highways; whether the use
or structures to be used therefor will cause an overcrowding of land
or undue concentration of population; and the physical characteristics
and topography of the land.
B.
Lot coverage. Structures, parking areas, including
maneuvering areas, stormwater retention areas and other site amenities
that are an integral and necessary part of the use shall not occupy
more than 50% of the total lot area. The green space requirement for
this district is a minimum of 5%. The stormwater retention area may
be included in the green space calculation upon proof that the stormwater
retention area will be improved to form an integral part of the landscaping
scheme and would enhance the overall aesthetics and thus serve the
purpose of the green space requirements of this article.
C.
Buffer. No building shall be located closer to any
residential district property line than 100 feet, and there shall
be no encroachment into this area by anything other than natural vegetation
or planted landscaping. In addition, there shall be established a
minimum ten-foot planted buffer along the rear and side property line
of all parcels.
D.
Height. No building shall exceed five stories or 87.5
feet in height.
E.
Setbacks.
(1)
Front yards, Notwithstanding any other provision
of the Code to the contrary, no building shall be located closer than
35 feet to the front property line, into which space there shall be
no encroachment of structures other than a fence or similar structure
or sign. No parking or maneuvering area shall be allowed in the front
yard unless the Planning Board finds that, in the case of keyhole
lots or lots with similar configuration, the intent of this chapter
is better met by allowing construction within the front yard setback.
(2)
Side yards/rear yards. In order to allow and
promote the purpose of this article for maximum flexibility of design
in order to preserve as much of the natural environment as possible,
there is established a ten-foot rear and side yard setback which shall
be treated as a buffer area. This buffer area shall contain natural
or planted vegetation for the purpose of screening uses from adjacent
properties.
(3)
Setbacks for accessory buildings. No building
approved as an accessory to the main use shall be constructed closer
than 25 feet to a property line.
A.
Ingress/Egress. There shall not be more than one curb
cut per lot unless the Planning Board finds that traffic safety will
be improved with the addition of another curb cut. Such curb cut shall
be wide enough to accommodate safely and in accordance with accepted
traffic control standards approved by the Town's engineer or Town-designated
engineer the type of traffic to be generated by the use and shall
meet all of the firesafety requirements of the Town of Rotterdam.
The distance between curb cuts on two separate parcels shall be a
minimum of 100 feet measured from the center line of the curb cut.
Design should take into consideration the possibility of shared curb
cuts with adjacent properties. In the case of a corner lot, no curb
cut shall be located closer than 100 feet to an intersection.
B.
Landscaping. The overall intent of this standard is
to achieve, where possible, a well-landscaped site that takes into
consideration the surroundings and the total environment. That is,
consideration shall be given to preservation of natural and existing
vegetation as well as new plantings throughout the entire site plan.
The Planning Board shall take into consideration the location of the
structures and parking areas and their proximity to adjacent buildings
and/or lots. Consideration shall be given to planting along property
lines, buffer areas and along the walls of the building or structure,
where possible, without impeding the operations of the facility. However,
if there is substantial natural vegetation on site that services the
requirements, i.e., screening, aesthetics, etc., the Planning Board
shall not require additional landscaping except where deficiencies
exist.
C.
Architectural The architectural design shall consider
building facade, including color, and other significant design features
such as exterior materials and treatments, roof structures, exposed
mechanical equipment and service and storage areas. Architectural
block or similar facades, especially along the road frontage, shall
be required.
D.
Utilities. Uses proposed within a C-1 District shall
be served by sanitary sewers, adequate drainage control and/or storm
sewers and a community water system where available. If none is available
at the time of approval, the Planning Board shall require the owner
to hook into a community water and sewer system as soon as one becomes
available as defined by the New York State Uniform Fire Prevention
and Building Code.
A.
Nonconforming uses in the C-1 District.
(1)
Continuation. Except as hereinafter provided,
the lawful use of a building, structure or land existing at the effective
date of this article may continue indefinitely and permanently although
such use does not conform to the provisions herein.
(2)
Whenever the use of a building or structure
becomes nonconforming through a change in the provisions of this chapter
or district boundaries established by this chapter, such use may continue
indefinitely and permanently.
B.
Change of nonconforming use. Once changed to a conforming
use, no structure, building or land shall be permitted to revert to
a nonconforming use.
C.
Abandonment. Whenever any nonconforming use has been
discontinued for a period of two years, such use shall not thereafter
be reestablished, and any future use shall be in conformity with the
provisions of this chapter.
D.
Nonconforming buildings or structures in the C-1 District.
(1)
Continuation. Where a nonconforming building
or structure exists at the effective date of the adoption of or amendment
to this chapter, such nonconformity may be continued so long as it
remains otherwise lawful. No such nonconforming building or structure
may be enlarged or altered in a way which increases its nonconformity
by more than 30% of its existing capacity as of the effective date
of this article. Such enlargement or alteration shall not tend to
increase any inherent nuisance, nor shall such enlargement or alteration
violate any provision of this chapter regarding yards, lot area or
lot coverage for the district in which it is situated, nor increase
any violation of such provision.
(2)
Alterations and extensions. No nonconforming
building or structure may be reconstructed or altered during its life
to an extent exceeding in aggregate cost 30% of the full valuation
of the building, unless said building or structure is changed to conform
to this chapter, except as otherwise permitted for the repair or restoration
of the structure.
