Village of Rockville Centre, NY Article XVIII Urban Renewal Commercial or Light Manufacturing A District

[Amended 10-15-1973 by L.L. No. 3-1973; 9-19-1977 by L.L. No. 6-1977; 12-2-1998 by L.L. No. 3-1998; 6-10-2002 by L.L. No. 5-2002; 1-13-2003 by L.L. No. 3-2003]

§ 340-98 Uses.

A. In Urban Renewal Commercial or Light Manufacturing A District, no building or premises shall be used, and no building shall be erected or altered, for other than one or more of the following uses:

(1) Office buildings, including professional and medical office buildings.

(2) Commercial and retail commercial.

(3) Private parking.

(4) Recreational facilities, together with the usual auxiliary facilities.

(5) Hotel and motel.

(6) (Reserved)[1]

[1] Editor's Note: Former Subsection A(6), regarding community theater uses, was repealed 7-9-2007 by L.L. No. 2-2007.

(7) Multifamily uses.

B. The following uses are also permitted, subject to a special use permit to be issued by the Planning Board in accordance with the criteria set forth in § 340-98C.

(1) Light manufacturing and parts assembly.

(2) Research facilities.

(3) Warehousing and distribution.

(4) Multifamily uses, with a nonresidential use on the street floor.

(5) Community theaters, which shall include movie theaters with no more than two screens, and theaters for concerts, plays and community events.

[Added 7-9-2007 by L.L. No. 2-2007]

C. When a special use permit is required, the Planning Board shall have the power, in accordance with Chapter 330, and after public notice and hearing, to grant a special use permit.

(1) Approval criteria.

(a) A site plan is required.

(b) Compatibility with district. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with the use, the size of the site in relation to the use, the assembly of persons in connection with the use, and the location of the site with respect to streets giving access to the site are such that the use will be in harmony with the appropriate and orderly development of the district in which the use is proposed to be located.

(c) Services. The proposed structure will be readily accessible for fire and police protection.

(d) Adjacent properties. The location, nature and height of the structure and its walls and fences and the landscaping shall not hinder or discourage the development of adjacent land and buildings.

(e) Neighborhood character. The neighborhood character and surrounding property values shall be reasonably safeguarded.

(f) Traffic. The use will not cause undue traffic congestion or create a traffic hazard.

(g) Parking. Parking areas will be properly located and suitably screened from adjoining residential uses and districts, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

(2) Specific approval criteria for multifamily uses with nonresidential street floor uses.

(a) A site plan shall be required. The structure shall be required to adhere to area, bulk, setback and height provisions for multifamily structures in the district, regardless of the nonresidential use that may be located on the ground floor.

(b) Allowed street floor uses. The uses proposed for the street floor of the structure shall be only those principal permitted uses allowed in the district. Such uses shall be compatible with the immediately adjacent multifamily housing. The Planning Board shall consider noise and vibration, odors, pollution, hours of operation and expected traffic volumes in making this determination.

(c) Off-street parking and loading. The proposed nonresidential street floor use(s) shall provide sufficient parking and loading spaces, in accordance with Chart VI.[2] Such parking spaces shall be designated as separate from the parking spaces for the multifamily units. Residential parking spaces shall be in a separate lot, separate area of the whole lot, or reserved. The Planning Board may require additional parking for visitors up to 15% more than required in these regulations. Loading spaces, if required, and dumpster areas shall be located and designed to minimize interference with the parking for the residential and nonresidential uses. Dumpster areas shall be screened.

[2] Editor's Note: Chart VI is included at the end of this chapter.

(d) Separate access. Access to the street floor nonresidential uses shall be separate from the access to the residential units. However, the Planning Board may approve a common lobby or plaza.

(3) Specific approval criteria for light manufacturing, warehousing, distribution, parts assembly and research facilities. These uses are allowed in URCLMA Districts, after public notice and hearing, subject to the approval of a special use permit by the Planning Board.

(a) Site plan. A site plan shall be required.

(b) Performance standards. The Planning Board shall require the applicant to demonstrate that noise, odors, dust or other particulate matter, smoke, glare, heat, gas, solid wastes, nontoxic wastes, hazardous or toxic or noxious wastes, radioactivity, fire or explosion hazards shall be minimized to the greatest extent possible and shall in all cases be confined within the building or premises where such manufacturing or assembling of articles is carried on. Continued conformance with such standards shall be a requirement for a valid special use permit. The following specific provisions shall apply:

[1] Enclosed operations, material storage. All operations shall be conducted within enclosed structures. All materials shall be stored within enclosed structures.

[2] Fuel. All operations shall be required to comply with federal, state and local municipal and environmental regulations.

[3] Smoke and particulate emissions. The permitted levels shall be no greater than those allowable under applicable state administrative regulations regarding air pollution control.

[4] Dust. No dust of any kind is permitted to escape beyond the confines of the structure in which it is produced.

[5] Vibrations. There shall be no measurable vibrations beyond the lot line of any individual operation.

[6] Toxic or noxious matter. No use shall discharge across the boundaries of the lot wherein it is located toxic or noxious matter that can cause any damage to health, to animals and vegetation, or to other forms of property.

[7] Odors. There shall be no emission of odors as to be offensive at any point along or beyond lot lines. Any process that may involve the creation or emission of any odor shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.

[8] Explosive hazards. No activities involving the storage, utilization or manufacture of materials or products that decompose by detonation shall be permitted within the district.

[9] Glare. Any operation producing intense glare or heat shall be performed within an enclosed building as to be completely imperceptible from any point beyond the lot lines.

[10] Radioactivity. No activities shall be permitted which cause radioactivity, with the exception of medical uses.

[11] Noise. See Chapter 232, Noise.

(c) Compliance with standards. Any application for a special use permit for such uses listed above shall be accompanied by a sworn statement filed by the owner of subject property or the operator of the proposed use that such use will be operated in accordance with the performance standards set forth herein. Continued compliance with performance standards is required and shall be enforced by the Building Inspector. All violations shall be terminated within thirty days or shall be deemed a separate violation for each day following and subject to fines as set forth herein. Continued violation shall result in the revocation of the special use permit.

(d) Required development standards. All permitted, accessory, and special permit uses in this district shall be subject to the following development standards.

[1] Use of structure and lot. Such uses shall be carried on in an area fully concealed from any street or adjacent residential district. All work shall be in properly ventilated structures. Where accessory retail use is allowed, only goods produced on the premises shall be sold at retail. The area used by such accessory retail use shall not exceed 15% of the lot area.

[2] Structure materials. Structures housing special permit uses shall be fireproof and constructed of masonry or other acceptable materials.

[3] Height waiver. The maximum height allowed in the district may be exceeded for water towers or tanks, standpipes, or structures for housing elevators or related equipment, stairways, ventilating fans or other equipment required to operate or maintain the buildings; fire or parapet walls; cooling tanks or towers; signs on top of parapets; flagpoles, chimneys, storage and/or mixing towers; and similar structures. But no structure or any space above the height limit shall be allowed for the purpose of creating additional office or production floor space or for sign display other than the permitted signs on top of the parapet.

[4] Off-street parking; dumpsters. Each use shall provide sufficient off-street parking for employees, visitors, trucks, and trailers, as per off-street parking and loading requirements of these regulations. Dumpster areas shall be screened. All food waste is to be held in refrigerated areas and compacted in an area on the first floor.

[5] Loading facilities. The maneuvering of trucks and trailers shall be confined to the premises of each special permit use. The number of truck loading docks will be dependent upon the nature of the industry and types of transport service needed, and shall conform to off-street loading requirements of these regulations. Loading areas and bays shall be located and designed for maximum safety and efficiency, and to minimize nuisance impacts to neighboring uses.

[6] Condition of property. All open portions of any developed lot operating under a special use permit shall have adequate grading and drainage and shall be continuously maintained in a dust-free and erosion-resistant condition by suitable landscaping with trees, shrubs, grasses or other planted ground cover or by paving with asphalt, concrete, washed stone or other suitable material. Required yard areas shall be planted and maintained in accordance with the approved site plan for the premises and in a manner that is compatible with its use and beneficial enjoyment. Unpaved parts of the site shall be maintained in grass and landscaped, including any such property that may be in a street, rail, or utility right-of-way. Maintenance of individual building sites shall be the responsibility of the occupant and/or owner. The premises, buildings, and all improvements shall be kept in a safe, clean, healthful, and presentable condition at all times. The removal of undergrowth, weeds, debris, rubbish, trash, excess dirt, industrial wastes or garbage, and any other unsightly material from a building site shall be done or arranged to be done by the occupant and/or owner.

[7] Outside storage. Outside storage shall not be permitted. Where necessary to temporarily store finished or semifinished products or other materials outside the plant building, the rear part of the property shall be used for such storage, and a fence shall screen the storage area at least six feet in height. All fencing for screening, security, or other purposes shall be attractive in appearance and be of an all-metal industrial type of galvanized or nonferrous material.

[8] Drainage plan. The applicant or occupant of the property shall submit for review and approval a drainage system plan for controlling storm and surface water runoff, with special emphasis on controlling the drainage in off-street parking and loading areas.

§ 340-99 Lot size.

Lot areas shall be a minimum of 10,000 square feet. For multifamily uses with or without a nonresidential use on the street floor, lot size shall be in accordance with Chart VI. Chart VI is entitled "Area and Bulk Regulations for Multifamily Uses."[1]

[1] Editor's Note: Chart VI is included at the end of this chapter.

§ 340-100 Building area.

The building area shall not exceed 50% of the lot area, except as otherwise provided. For each 400 square feet of area available for and usable for parking within the building, land coverage may be increased by an equal amount. Roof top parking is prohibited. In no event shall the building area be increased so as to infringe upon the front, side, rear or corner plot setbacks. For multifamily uses with or without a nonresidential use on the street floor, lot coverage shall be in accordance with Chart VI. Chart VI is entitled "Area and Bulk Regulations for Multifamily Uses."

§ 340-100.1 Density.

[Added 5-22-2006 by L.L. No. 6-2006]

For multifamily uses with or without a nonresidential use on the street floor, density shall be in accordance with Chart VI. Chart VI is entitled “Area and Bulk Regulations for Multifamily Uses.”[1]

[1] Editor's Note: Chart VI is included at the end of this chapter.

§ 340-101 Building height.

No building shall be raised and no such building or part thereof shall be erected or altered to be greater in height than the lesser of 48 feet or four stories. For multifamily uses with or without a nonresidential use on the street floor, building height shall be in accordance with Chart VI. Chart VI is entitled "Area and Bulk Regulations for Multifamily Uses."

§ 340-102 Front yards.

A setback of at least 12 feet from the front property line shall be required. For multifamily uses with or without a nonresidential use on the street floor, setbacks shall be in accordance with Chart VI. Chart VI is entitled "Area and Bulk Regulations for Multifamily Uses."

§ 340-103 Side yards.

The sum of both side yard setbacks shall be a minimum of 25 feet. Neither side yard setback shall be less than five feet, except that where abutting any residence district, a minimum setback of 20 feet is required. For multifamily uses with or without a nonresidential use on the street floor, setbacks shall be in accordance with Chart VI. Chart VI is entitled "Area and Bulk Regulations for Multifamily Uses."

§ 340-104 Rear yards.

A rear yard of at least 10 feet is required, except where the rear property or lot line of any lot constitutes the common boundary line between such lot and municipally owned land or premises designed and actually used for public parking spaces for motor vehicles, in which case no rear yard setback is required. For multifamily uses with or without a nonresidential use on the street floor, setbacks shall be in accordance with Chart VI. Chart VI is entitled "Area and Bulk Regulations for Multifamily Uses."

§ 340-105 Corner plots.

On corner plots a setback of at least 12 feet from the property line on both street frontages shall be required. For multifamily uses with or without a nonresidential use on the street floor, setbacks shall be in accordance with Chart VI. Chart VI is entitled "Area and Bulk Regulations for Multifamily Uses."[1]

[1] Editor's Note: Chart VI is included as an attachment to this chapter.

§ 340-106 Parking requirements.

A. Parking space requirements are set forth in Chart IV of the Rockville Centre Zoning Code. Chart IV is entitled "Schedule of Minimum Required Off-Street Parking."[1]

[1] Editor's Note: Chart IV is included as an attachment to this chapter.

B. Parking is to be provided for and continuously maintained within 500 feet of the premises.

C. Off-street parking to be provided. Off-street parking must be provided and continuously maintained upon the same plot for any freestanding building that is erected, altered or enlarged for use as business offices, fast-food establishments or restaurants. Off-street parking must be provided and continuously maintained upon the same plot for any freestanding building that is erected or enlarged for the sale of goods at retail or services clearly incidental to retail sales.

§ 340-107 Loading requirements.

There shall be at least one off-street loading space provided for each 25,000 square feet of floor area or fraction thereof in excess of 5,000 square feet for all uses except retail commercial and multifamily uses.