Accessory structures and uses, as defined herein, are permitted subject to the restrictions, limitations and standards imposed by district regulations, this section and applicable specific use requirements. Regulations for fences are contained in § 270-143 of this chapter.
A.
Location. No accessory structure shall be located
in the front yard of any lot.
B.
Yards.
(1)
Attached structures. Every accessory structure attached
to the principal structure shall be considered a part thereof and
the applicable front, side and rear yard requirements shall apply.
(2)
Detached structures. Every detached accessory structure
shall be located no less than five feet from a side or rear property
line. No detached accessory structure shall be located in the front
yard of any lot.
C.
Lot coverage. The total lot coverage by accessory
structures shall not exceed 40% of the permitted lot coverage of the
minimum permitted lot size in the A, RA, R-1, R-2 and R-3 Districts.
The floor area of any accessory structure shall not exceed 15% of
the total habitable floor area of an existing or proposed principal
structure in the A, RA, R-1, R-2 and R-3 Districts. The aforesaid
floor area limitations shall not apply to private garages. With respect
to private garages, the floor area for each stall for the enclosed
parking or storage of private motor vehicles shall not exceed 300
square feet. Calculations computed for square footage shall be based
upon exterior foundation dimensions. No accessory garages shall exceed
a maximum height of 15 feet in all existing zoning districts.
[Amended 4-26-1989 by L.L. No. 6-1989; 5-26-1993 by L.L. No. 9-1993]
All welding, including electric, oxyacetylene
or any other type, shall be conducted within a completely enclosed
structure, except where temporarily required for on-site construction
or where permitted in an I-2 District.
A.
Permit required. The commercial extraction of topsoil,
sand, gravel or stone, other than mining, shall be permitted by special
use permit only in the A and 1-2 Zoning Districts, exclusive of any
areas within the A and I-2 Zoning Districts which are also within
the Aquifer Overlay District. The commercial extraction of topsoil,
sand, gravel or stone is a prohibited use in the Aquifer Overlay District.
[Amended 5-10-1989 by L.L. No. 12-1989; 11-22-1989 by L.L. No. 20-1989; 2-12-1992 by L.L. No. 2-1992]
B.
Term. Every special use permit for the extraction
of topsoil, sand, gravel or stone shall be granted for a period of
not greater than three years.
[Amended 5-10-1989 by L.L. No. 12-1989; 11-22-1989 by L.L. No. 20-1989]
C.
Additional information required. Together with any
other plans and information required by this chapter for special use
permit review, the applicant for a special use permit for the extraction
of topsoil, sand, gravel or stone shall provide the following information:
(1)
The name and a description of the mineral or product
to be extracted and an estimate of the annual amount to be removed.
(2)
A detailed map showing the area to be mined or quarried
at a scale of not more than one inch to 50 feet.
(3)
A statement and map detailing the planned reclamation
method and final proposed use. The Planning Board may require additional
information where required for adequate review of the proposed special
use.
D.
Minimum setback. The edge of every pit, quarry or
excavated area resulting from removal of topsoil, sand, gravel or
stone shall not be located nearer than 100 feet from any dwelling,
school, institution, park or playground. The Planning Board may require
that the applicant erect a fence, screen or landscape planting to
obscure the operation.
E.
Special use permit standards and authorization. The Planning Board, in compliance with the requirements of Article XIX governing special permits, may grant or renew a special use permit, subject to appropriate conditions and safeguards, to permit the proposed extraction of topsoil, sand, gravel or stone for a limited period of time not exceeding three years. In addition to the standards set forth in Article XIX, no such special use permit shall be granted unless the Planning Board finds that:
(1)
Nuisances. The proposed use and reclamation scheme
will not have a detrimental impact or create a nuisance to the surrounding
land uses due to dust, noise, vibration, odor, fumes or other nuisance
elements.
(2)
Groundwater impact. The proposed use will not impair
or increase the risk of contamination to groundwater at the site or
within any adjacent aquifer areas.
(3)
Drainage. The proposal provides for proper drainage
both during and after the extraction and will not adversely affect
the safety and occupancy of adjoining lands.
(4)
Loading and access. The proposed truck access, loading
area and heavy equipment use will not create safety or traffic hazards.
(5)
Reclamation. The reclamation plan ensures that the
property will be left in a safe, attractive and useful condition.
F.
Bonding. The applicant shall furnish an irrevocable
standby letter of credit of the same time period as the special use
permit and in an amount sufficient to ensure the full implementation
of the reclamation plan. Every irrevocable standby letter of credit
shall be approved by the Rotterdam Town Board, by resolution, and
be accompanied by a recommendation of the Rotterdam Town Engineer
prior to final Planning Board approval of any extractive special use
permit.
[Amended 12-9-1992 by L.L. No. 37-1992]
[Added 5-10-1989 by L.L. No. 12-1989; amended 11-22-1989 by L.L. No. 20-1989; 2-12-1992 by L.L. No. 2-1992]
A.
Generally. Mining in districts other than A and I-2
Zoning Districts and within the A and 1-2 Zoning Districts, to the
extent these districts coincide with the Aquifer Overlay District,
is absolutely prohibited. Mining in the A and I-2 Zoning Districts,
exclusive of the Aquifer Overlay District, may be permitted by special
use permit upon those conditions set forth in the Mined Land Reclamation
Law, § 23-2703, Subdivision 2b, of the Environmental Conservation
Law, which conditions include:
(1)
Limitations and restrictions regarding ingress
and egress to public thoroughfares controlled by local government.
(2)
Limitations and restrictions regarding routing
of mineral transport vehicles on roads controlled by the local government.
(3)
Requirements and conditions as specified in
the mined land reclamation permit issued by the Department of Environmental
Conservation concerning setbacks from property boundaries and public
thoroughfare rights-of-way, natural or man-made barriers to restrict
access, if required, dust control and hours of operation, when such
requirements and conditions are established pursuant to Subdivision
3 of § 23-2711 of the New York State Environmental Conservation
Law.
(4)
Enforcement of reclamation requirements contained
in mined land reclamation permits issued by the Department of Environmental
Conservation.
B.
The Supervisor of the Town of Rotterdam, as the chief
administrative officer, is hereby authorized to participate in the
review by the Department of Environmental Conservation of an application
for a mined land reclamation permit, including, but not limited to,
making a determination, as set forth at Subdivision 3 of § 23-2711
of the New York State Environmental Conservation Law, in regard to
the following:
(1)
Appropriate setbacks from property boundaries
or public thoroughfare rights-of-way.
(2)
Man-made or natural barriers designed to restrict
access if needed, and, if affirmative, the type, length, height and
location thereof.
(3)
The control of dust.
(4)
Hours of operation.
(5)
Whether mining is prohibited at that location.
C.
The determination shall be accompanied by supporting
documentation justifying the particular determinations on an individual
basis. The determination, including supporting documentation, shall
be provided to the Department of Environmental Conservation within
30 days after receipt of the notice provided by the Department of
Environmental Conservation. The Department of Environmental Conservation
is required to send this notice by certified mail upon its receipt
of a complete application for a mining permit.
No outside spraying of paint shall be permitted
except where required temporarily for the construction or normal maintenance
of a building or structure.
A.
Storage. All waste, garbage and refuse resulting from
the operation of permitted business and manufacturing uses or from
the occupancy of multiple-family apartment developments shall, if
stored in the open air, be placed in covered metal containers located
on a concrete or comparable base slab and shall be obscured from every
adjoining residential property and the public way.
B.
Disposal. It shall be unlawful for any person, firm
or corporation to dump, deposit or store for more than two months
any type of material, solid or otherwise, which would be determined
to be detrimental or harmful to the health, safety and general welfare
of the people or future residents of the town.
A.
Location and height.
(1)
Fences shall be permitted anywhere on a lot or parcel
of land provided that the height thereof does not exceed four feet
in a front yard or six feet in a side or rear yard, measured from
ground level on the interior side of the fence to the uppermost part
thereof, except in Light Industrial (I-1) and General Industrial (I-2)
Zoning Districts where six-foot fences are permitted in any yard.
The Planning Board has the authority to modify these requirements
and/or limitations for any project undergoing review and/or approvals
by the Planning Board.
[Amended 11-12-2008 by L.L. No. 11-2008]
(2)
On corner lots. No fence or other obstruction higher
than two feet above an adjacent curb elevation shall be permitted
on a corner lot within a triangular area encompassed by three imaginary
lines, one of which runs along the edge of the pavement abutting the
lot on one intersecting street and another of which runs along the
edge of the pavement abutting the lot of the other intersecting street,
and the third formed by a line drawn between two points, one on each
side of the aforesaid lines located 30 feet from the intersection
thereof.
(3)
Exceptions. The Zoning Board of Appeals may permit
the construction of a fence in excess of the height limitations imposed
by this subsection if it determines that there is a practical need
therefor and that it will not be detrimental to the appearance of
adjoining properties and/or the neighborhood. Application to the Board
of Appeals to exceed the height limitation shall be made in accordance
with rules and regulations prescribed by said Board.
(4)
Front yard fences. All fences situated in front yards
shall be constructed so that the fence is uniformly less than fifty-percent
solid or opaque when viewed from a point normal to the plane created
by the fence surface. If the lot is developed as a townhouse, a fence
may only be erected in the front, rear, and side yard on the noncommon
lot lines.
[Amended 11-12-2008 by L.L. No. 11-2008]
B.
Location of posts. Fence posts and other structural
fence supports which, because of the construction of the fence, must
be situated on one side thereof shall not be located on the side of
the fence abutting adjacent properties.
C.
Aesthetics. The more aesthetically attractive side
of the fence shall face abutting properties. The side which is more
aesthetically attractive shall be the side which is more pleasing
in appearance to a reasonable person because of finish, painting,
woodwork or for whatever other reason.
D.
Barbed-wire and electrically charged fences.
(1)
Permit required. No barbed-wire fences or electrically
charged fences shall be permitted except by authorization and permit
issued by the Board of Zoning Appeals. Such permit shall not be issued
except for the following:
(a)
Fences situated in business and industrial zoning
districts may be topped with barbed wire, provided that the bottommost
strand of barbed wire is at least five feet above ground level.
(b)
Electrically charged fences may be permitted
in agricultural zoning districts for the purpose of providing an enclosure
of barrier to contain the roaming of animals.
(2)
Standards. The Board shall issue permit upon written
application in form prescribed by it if it determines that there is
a practical need for such a fence and that the existence of the fence
in the proposed location is not inconsistent with the character of
the neighborhood and does not pose a threat of injury to persons lawfully
in the vicinity of such fence.
E.
Fences on public property. No fence may be erected
by others on property owned by the Town of Rotterdam or to which the
Town has a right of access by easement or license.
F.
Exception for junkyards. The provisions of this section shall not apply to fences enclosing junkyards as required by Chapter 173 of the Town Code.
G.
Exception for solar farms and solar power plants. The provisions
of this section shall not apply to fences enclosing solar farms and
solar power plants.
[Added 2-22-2017 by L.L.
No. 1-2017]
A business having three or more new or used motor vehicles for sale or lease shall be deemed a motor vehicle sales business and may be permitted in the B-2 and I-1 Districts subject to the issuance of a special use permit as provided by Article XIX, and subject to the additional requirements hereinafter set forth.
A.
Vehicle condition. No motor vehicle which cannot be
started and moved under its own power shall be stored in any open
area of the motor vehicle sales establishment. All motor vehicles
shall be maintained in running condition.
B.
Showroom. Any motor vehicle sales establishment shall
include an enclosed showroom sufficient to display two automobiles.
C.
Location of vehicles. No vehicles shall be parked
less than 10 feet from any property line.
Motor vehicle repair establishments may be permitted in the B-2, I-1 and I-2 Districts subject to the issuance of a special use permit as provided by Article XIX and subject to the additional requirements herein set forth.
A.
Major and minor repairs. Every special permit authorizing
the establishment or expansion of a motor vehicle repair establishment
shall specify, as a condition of the permit, the type of repairs to
be permitted as either major motor vehicle repairs or minor motor
vehicle repairs, as defined by this chapter. Such condition shall
be binding on the permit holder.
B.
Location of vehicles. No vehicles shall be parked
or stored less than 10 feet from any property line.
C.
Location of work area. All repairs shall be performed
within the principal building on the premises.
D.
Storage of vehicles. Not more than 20 motor vehicles
may be stored in an open area at any motor vehicle repair establishment,
and such motor vehicles must be so stored for the purpose of repair
and reconditioning thereof only. Such vehicles may not be stored more
than 60 consecutive days in any three-hundred-sixty-five-day period
at the same premises. The Planning Board may require higher standards
for such storage as a condition of any special use permit.
E.
Location of vehicles. No vehicles shall be parked
less than 10 feet from any property line.
F.
Storage of materials and refuse. All permanent storage
of materials and equipment shall be within the principal building,
with the exception of refuse and trash, which shall be stored in closed
containers and in an area screened from view at all points on any
public or private property or street when viewed from the ground level.
[Added 9-12-1990 by L.L. No. 18-1990]
Motor vehicle fuel filling stations may be permitted
in the B-2, I-1 and I-2 Districts, subject to special use permit review
by the Planning Commission. Such uses shall conform to any conditions
and standards imposed by the Planning Commission during site plan
or special use permit review. All New York State statutes, rules and
regulations applicable to motor vehicle fuel filling stations or to
the storage or dispensing of motor vehicle fuels shall be considered
by the Planning Commission in its review process. The affirmative
vote of five members of the Planning Commission shall be required
for the approval of a special use permit for motor vehicle fuel filling
stations. The following shall be observed:
A.
Location of fuel pumps. Motor vehicle fuel pumps and
service facilities shall be set back a minimum of 25 feet from every
property line.
B.
Service area. All repairs and services shall be performed
within completely enclosed buildings, except for the dispensing of
motor vehicle fuel, oil and similar products.
C.
Location of petroleum storage tanks. Underground petroleum
storage tanks shall be set back a minimum of 25 feet from any property
line. Aboveground petroleum storage tanks for dispensing of motor
vehicle fuel oil shall be set back a minimum of 25 feet from every
property line and shall comply with all applicable National Fire Protection
Association (NFPA) minimum requirements and specifications.
[Amended 4-11-2001 by L.L. No. 4-2001]
Convenience stores with motor vehicle fuel filling pumps are not permitted in the B-1 Zoning District. Convenience stores with or without motor vehicle fuel filling pumps may be permitted in the B-2 and I-1 Districts subject to the issuance of a special use permit as provided in Article XIX and subject to the additional requirements hereinafter set forth.
A.
Location of pumps. Motor vehicle fuel pumps and storage
tanks shall be set back a minimum of 25 feet from every property line.
Where residentially zoned or occupied property adjoins the filling
station, the Town may, as a condition of special use permit approval,
require a greater setback where necessary and appropriate to serve
the purpose of this chapter.
B.
At aquifer. The establishment or expansion of convenience
stores with fuel filling pumps is prohibited within the Aquifer Overlay
District.
A.
Commercial ski-lift equipment, ski slopes and trails may be permitted in the RA District subject to the issuance of a special use permit as provided by Article XIX, and subject to the additional requirements hereinafter set forth.
B.
Permit standards. In addition to the standards set forth in Article XIX, no special permit for the establishment or expansion of a ski area shall be granted unless the Planning Board finds that:
(1)
Nuisances: the noise, vibration, glare or other nuisance
elements created by the operation of the ski area, including accessory
lighting, ski lifts and snow-making, will not have a detrimental impact
on surrounding land uses.
(2)
Accessory uses: any use of buildings for sales of
food and drink is strictly incidental to the principal use of the
property as a ski area. The use of every building or structure shall
be restricted to accessory uses as defined herein.
A.
Purpose. The purpose of the following requirements
is to protect property values, public safety and the scenic attractiveness
of the Town by prescribing minimum standards and requirements for
the erection of towers.
B.
Accessory towers. Towers accessory to a permitted
principal use may be established, provided that they are in full compliance
with the following requirements:
(1)
Accessory to principal use. Every accessory tower
shall be clearly accessory to a permitted principal use and shall
comply with the definition of accessory use.
(2)
Maximum height. No accessory tower shall exceed 75
feet in height or 1 1/2 times the maximum permitted building height,
whichever is less.
(3)
Setback. Every accessory tower shall be located no
closer to an exterior lot line than a distance equal to the tower
height.
(4)
Compliance. Every accessory tower shall comply with
the other applicable requirements of this section.
C.
Special permit. Except for permitted accessory towers, towers may be permitted in the A, I-1 and I-2 Districts only, subject to the issuance of a special use permit as provided in Article XIX, and in compliance with the standards and requirements of this section.
(1)
Additional application information. In addition to
the preliminary site plan and other material required for special
use permit review, every application shall contain the following information:
(a)
A description and the proposed dimensions of
the tower.
(b)
A certification by a registered professional
engineer or manufacturer's certification that the tower design will
meet or exceed all applicable load requirements.
(c)
An assessment of the proposed tower's visual
impact together with any proposed measures, including landscaping
or alternative siting, which may mitigate the visual impact of the
proposal.
(d)
A list of the owner of record of all residentially
occupied properties within 1,000 feet of the proposed tower, together
with an assessment of any adverse impact such use may have.
(e)
Other information as may be necessary to comply
with the standards listed below.
(2)
Permit standards. In addition to the standards set forth in Article XIX, no special permit for the establishment or expansion of a tower shall be granted unless the Planning Board finds that:
(a)
There is a public need for the tower.
(b)
The applicant has made a good faith effort to
consider alternative sites and to obtain shared use arrangements with
other towers and has provided evidence of such.
(c)
The scale and height of the tower is the minimum
necessary to fulfill the needs of the applicant.
(d)
All practicable measures have been taken to
minimize the adverse visual impact of the tower on the surrounding
community.
D.
General requirements.
(1)
Location. Every tower shall be no closer to any lot
line than a distance equal to the tower height; no guy wire or anchor
shall be less than five feet from any lot line.
(2)
Fencing. Every tower shall be fenced or secured in
a manner which prevents unauthorized access to the structure.
(3)
Noise. No tower used for energy generation shall produce
a level of noise at any lot line greater than the ambient nighttime
noise level.
(4)
Screening. In so far as practicable, towers shall
be sited and screened in a manner which obscures the base of the structure
from the public way.
(5)
Signs. No tower shall be used for or have placed upon
it any type of sign except warning signs needed for public safety.
[Amended 9-12-2007 by L.L. No. 11-2007]
A.
General requirements. For all buildings and structures
erected and all uses of land established after the effective date
of this chapter, accessory off-street parking shall be provided as
required by Table 1,[1] as related to specific use or occupancy, except where additional parking may be required as a condition for the issuance of a special permit as provided in Article XIX of this chapter. Further, when the intensity of use of any building or structure shall be increased, parking space as herein required shall be provided for such increase in intensity of use.
[1]
Editor's Note: Table 1 is located at the end
of this chapter.
B.
Preexisting parking. Whenever a use existing on the
effective date of this chapter is changed thereafter to a new use,
parking facilities shall be provided as required herein for such new
use, except that when any such existing use was deficient in required
parking spaces on such effective date, such new use may be established
with a deficiency in required spaces equal in number to not more than
the preexisting deficiency.
C.
Screening and location. All open automobile parking
areas containing more than six parking spaces shall be located not
less than 10 feet from any residential property line. Such open automobile
parking area located in residential districts shall be screened on
each side adjoining a residential use. Parking spaces required by
this section shall be located on the same lot as the use for which
such parking is required.
D.
Landscaping. Parking areas with more than 12 spaces
shall be landscaped over not less than 10% of the total interior area
of the parking lot. Landscaping and planting areas shall be dispersed
throughout the parking lot. Required screening and side yards may
be considered as a part of the interior landscape requirement if suitably
planted and maintained.
E.
Collective provision. Off-street parking facilities
for separate uses may be provided collectively if the total number
of spaces is not less than the sum of the separate requirements, except
where such parking facility is shared at different hours of the day.
If the applicant(s) can establish that such collective parking facilities
serving two or more uses will experience reduced parking demand due
to staggered hours of operation, then the Planning Board may authorize
a reduction of the total number of spaces by no more than 20% of the
total which would normally be required by this chapter.
F.
Uses not listed. Persons undertaking uses not listed
herein shall be required to provide parking facilities as determined
by the Planning Board.
G.
Residential district restrictions. Parking of more
than one commercial vehicle, as defined by this chapter, per dwelling
unit in a residential district is prohibited unless such vehicle is
parked in a completely enclosed garage.
H.
Handicapped parking. During site plan review for commercial
projects, the Planning Commission shall require handicapped parking
spaces and access aisles to be located in close proximity to the primary
public entrance to the establishment.
A.
Spaces required. In order to ensure that vehicular
traffic is unimpeded and to reduce traffic safety hazards, sufficient
off-street space shall be provided for loading and unloading materials
and goods related to the operation of the business activities in conjunction
with the following uses. For retail, wholesale, industry, warehouse
and service business establishments, restaurants and fast-food restaurants,
a minimum of one parking space for the first 4,000 square feet of
gross floor area or major portion thereof and one additional space
for each additional 50,000 square feet of gross floor area or major
portion thereof shall be provided.
B.
Size of space. Each off-street loading space shall
be at least 15 feet in width, at least 40 feet in length and at least
14 feet in height, exclusive of access and turning area, except that
adjacent loading spaces may be each 12 feet in width.
C.
Location. Off-street loading spaces may be located
within any structure, within a side or rear yard or within a required
off-street parking area or any parking space, except that no such
space or access drive serving a space shall be located closer than
10 feet to any lot line adjoining a residentially zoned parcel of
land.
D.
Reduction in requirement. Upon consideration of all
factors entering into the loading and unloading needs of each use,
the Planning Board may make appropriate reductions in the loading
requirements of the above structures and uses and may determine reasonable
and appropriate loading requirements for structures and uses which
do not fall within the categories listed above.
A.
Applicability. No signs, whether new or existing,
shall hereafter be erected or altered except in conformance with the
provisions of this chapter. Nonconforming signs existing prior to
the effective date of this section shall be permitted to remain; however,
any change of use or sign shall conform to the requirements of this
section.
B.
Exceptions. For the purposes of this section, the term "sign" does not include signs erected and maintained in connection with the discharge of any governmental function, nor does it include political signs. Political signs are subject to the provisions of § 270-151.1 of this chapter. Billboards, that is any sign that directs attention to an idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot or parcel on which such sign is located, and is not a directional sign as defined herein, shall conform to the requirements of § 270-152 of this chapter.
[Amended 8-14-1996 by L.L. No. 7-1996]
C.
General requirements. In any district, all signs shall
comply with the following general requirements:
(1)
Illumination. No sign shall be illuminated in a manner
which will cause undue distraction, confusion or glare to vehicular
traffic or which will create a nuisance to adjoining property.
(3)
Directional signs. Each principal nonresidential use
may erect and maintain not more than three necessary directional signs
for guidance of the public. A directional sign is a sign containing
only the name of an establishment having goods, services or entertainment
and any necessary directional guidance. Such sign may not be greater
than 10 feet in sign area. A directional sign may also include the
standard symbol for guide signs as shown in the Manual of Uniform
Traffic Control Devices.
(4)
Temporary signs. No temporary or portable signs or
signs on a trailer shall be placed on any premises or building except
as otherwise permitted herein.
(5)
Flashing signs. Except for public schools and public
firehouses, no sign shall be illuminated by or contain a flashing,
intermittent, rotating or moving light or lights.
[Amended 4-9-2008 by L.L. No. 2-2008]
(6)
Location of signs. On a corner lot, no sign, landscaping
or structure shall be erected, placed or maintained within the triangular
area formed by intersecting street lines and a straight line joining
street lines at points which are 30 feet distant from the point of
intersection, measured along the street lines. No sign shall be placed
so as to obstruct the necessary sight distance of vehicular traffic.
(7)
Sign area calculation. Sign area is the surface area
within the shortest lines that can be drawn around the outside perimeter
of a sign, including all decorations and lights, but excluding the
supports if they are not used for advertising purposes. One face of
the sign shall be counted in computing the sign area. Any neon tube,
string of lights or similar device shall be deemed to have a minimum
dimension of one foot for the purpose of computing sign area.
D.
Signs in residential districts. No sign or other
device for advertising purposes of any kind may be erected or established
in any A, RA, R-1, R-2 or R-3 District except as follows:
[Amended 5-26-1993 by L.L. No. 9-1993]
(1)
One sign not exceeding one square foot in area which
announces the name and profession or permitted home occupation of
the occupant of the premises will be permitted.
(2)
One temporary real estate or construction sign not
exceeding 12 square feet in area will be permitted on the property
being sold, leased or developed. Such sign shall be removed promptly
when it has fulfilled its function.
(3)
One sign or bulletin board customarily incidental
to religious institutions, mobile home parks, cemeteries and other
permitted nonresidential uses, which sign shall not exceed 20 square
feet in area.
(4)
Posting of notice to the public pertaining to but
not limited to fishing, trespassing, hunting and snowmobiling, provided
that each sign does not exceed 1 1/2 square feet in area.
E.
Signs in business and industrial districts. In the
B-1, B-2, I-1 and I-2 Districts, no sign or other device for advertising
purposes shall be erected or established except as follows:
(2)
Building-mounted signs accessory to a business or
industrial use shall not extend more than 12 inches beyond the building
facade and shall not extend above the roof of the building. The aggregate
total surface display of such signs shall not exceed, in square feet,
two times the number of linear feet of the width of the building front.
In the case of a corner lot, the sign area may be increased one times
the number of linear feet of the building face fronting on the secondary
street or roadway. However, such increased permitted sign area shall
be use only for the erection of a permitted sign on the length of
the building which faces the secondary street or roadway.
(3)
Signs in the business and industrial districts shall
conform to the following:
[Amended 5-12-2004 by L.L. No. 2-2004; 10-27-2010 by L.L. No.
13-2010]
(a)
Ground-mounted signs:
[1]
One ground-mounted sign may be erected and maintained not less
than five feet from the property line.
[2]
The sign may contain a total sign area of 15 square feet or
not more than one square foot for each 1,000 square feet of the lot
or parcel area containing such sign, whichever is greater, up to a
maximum sign area of 200 square feet.
[3]
The sign shall contain no information beyond the name, nature
or principal use, symbol and other information necessary for the business
or use.
[4]
The sign shall contain no information or advertising for any
product or service not sold or performed on the premises.
[5]
No part of the sign nor supporting upright or pole shall be
closer than five feet to the property line or the vertical extension
of such property line.
(b)
Temporary signs:
[1]
One portable temporary sign per tenant may be located at a place
of business.
[2]
The sign may no larger than 24 inches wide and 36 inches high
and including the base shall be no higher than 48 inches from ground
level.
[3]
The sign lettering must be printed and shall not be hand drawn.
[4]
The sign shall contain no information beyond the name, nature
or principal use, symbol and other information necessary for the business
or use.
[5]
The sign shall contain no information or advertising for any
product or service not sold or performed on the premises.
[6]
The sign shall not be illuminated.
[7]
The sign shall not be placed in a location that would impair
vision or impede automobiles entering or exiting a roadway, public
thoroughfare, or private driveway. This determination shall be made
by the Building Inspector.
(4)
Signs in the business and industrial district shall
contain no information beyond the name, nature or principal use, symbol
and other information necessary for the business or use. Such sign
shall contain no information or advertising for any product or service
not sold or performed on the premises. However, no part of such sign
nor supporting upright or pole shall be closer than five feet to the
property line or the vertical extension of such property line.
[1]
Editor's Note: Former § 270-151.1, Political signs,
was repealed 7-14-2021 by L.L. No. 5-2021.
[Amended 9-9-1998 by L.L. No. 14-1998]
A.
Definition. A "billboard" is any sign that directs attention to an idea, product, business, activity, service or entertainment that is conducted, sold or offered elsewhere than upon the lot or parcel on which such sign is located, and is not a directional sign as defined in § 270-151.
B.
Billboards of any nature or kind are hereby prohibited
in the Town of Rotterdam and shall not be permitted.
[Added 2-22-2017 by L.L.
No. 1-2017]
A.
Solar farms and solar power plants are permissible in the A Agricultural,
I-1 Light Industrial, and I-2 Heavy Industrial Zoning Districts in
the Town of Rotterdam upon issuance of a special use permit and site
plan approval by the Planning Board.
B.
In addition to the information and materials required under Article XVII (Site Plan Approval) and Article XIX (Special Use Permits), all applications for solar farms or solar power plants shall include the following, except to the extent waived by the Planning Board:
(1)
Plans and drawings of the solar energy system installation signed
by a professional engineer registered in New York State showing the
proposed layout of the entire solar energy system along with a description
of all components, whether on site or off site, existing vegetation
and proposed clearing and grading of all sites involved. Clearing
and/or grading activities are subject to review by the Planning Board
and shall not commence until the issuance of site plan approval.
(2)
An electrical diagram detailing the solar energy system installation,
associated components, and electrical interconnection methods, with
all disconnects and over-current devices identified.
(3)
Documentation of access to the project site(s), including location
of all access roads, gates, and parking areas.
(4)
Plan for clearing and/or grading of site.
(5)
A stormwater pollution prevention plan as per NYSDEC requirements
to detail stormwater runoff management and erosion control plans for
the site.
(6)
Documentation of utility notification, including an electric
service order number.
(7)
Decommissioning plan and description of financial surety that
satisfies the Town that all required improvements shall be made for
solar farms or solar power plants. For all such systems, the applicant
shall submit a decommissioning plan for review and approval as part
of the special use permit application. The decommissioning plan shall
identify the anticipated life of the project, method and process for
removing all components of the solar energy system and returning the
site to its preexisting condition, and estimated decommissioning costs,
including any salvage value.
(8)
The Town shall require any applicant to pay all associated costs
for any application review, including but not limited to engineering,
legal, environmental, planning, and the review required under SEQRA.
When the Planning Board determines that a review will require engineering,
legal, environmental, or planning costs, it shall provide an estimate
to the applicant. Subsequently, such payment shall be made prior to
commencement of any further Planning Board review.
(9)
Photo simulations shall be included showing the proposed solar
energy system in relation to the building/site, along with elevation
views and dimensions, and manufacturer's specifications and photographs
of the proposed solar energy system, solar collectors, and all other
components.
(10)
Part I of the Environmental Assessment Form completed and signed.
(11)
Details of the proposed noise that may be generated by inverter
fans. The Planning Board may require a noise analysis to determine
potential adverse noise impacts.
(12)
Any other information or documentation as may be reasonably
required by the Planning Board.
C.
All applications for solar farms or solar power plants shall be reviewed and determined in accordance with the procedures and standards set forth in Article XVII (Site Plan Approval) and Article XIX (Special Use Permits) of this chapter. In addition, the following provisions shall apply:
(1)
All such systems shall adhere to all applicable Town of Rotterdam
building, plumbing, electrical, and fire codes.
(2)
Development and operation of a solar energy system shall not
have a significant adverse impact on fish, wildlife, or plant species
or their critical habitats, or other significant habitats identified
by the Town of Rotterdam or other federal or state regulatory agencies.
Lands which have the highest ecological values as evidenced by large,
contiguous areas of forest, undisturbed drainage areas, wetlands,
or NYSDEC-identified critical habitats or rare plant and animal populations
shall be avoided.
(3)
With the exception of transmission lines and related structures
necessary for transmitting electricity generated by the solar energy
system for off-site distribution and/or consumption, there shall be
a minimum one-hundred-foot buffer between any component of the solar
energy system and the parcel boundary line. The Planning Board is
authorized to increase the width of this buffer after analysis of
site conditions and adjacent land uses.
(4)
Any site containing such solar energy system shall be enclosed
by perimeter fencing to restrict unauthorized access at a height of
8 1/2 feet or such other height determined by the Planning Board.
(5)
Previously cleared or disturbed areas are preferred locations
for solar panel arrays. The clearing of additional lands to accommodate
a proposed solar farm or solar power plant may be permitted, provided
that the percentage of newly cleared land on any parcel does not exceed
30% of the existing woodlands on that parcel.
(6)
Native grasses and vegetation shall be maintained below the
arrays.
(7)
A berm, landscape screen, natural vegetation, or any combination
thereof acceptable to the Planning Board capable of screening the
site, shall be provided. The solar facility, including any proposed
off-site infrastructure, shall be located and screened in such a way
as to avoid or minimize visual impacts as viewed from:
(8)
The design, construction, operation, and maintenance of any
solar energy system shall prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads, and public
parks in excess of that which already exists.
(9)
All structures and devices used to support solar collectors
shall be nonreflective and/or painted a subtle or earth-tone color
to aid in blending the facility into the existing environment.
(10)
All transmission lines and wiring associated with a solar energy
system shall be buried and include necessary encasements in accordance
with the National Electric Code and Town requirements. The Planning
Board may recommend waiving this requirement if sufficient engineering
data is submitted by the applicant to demonstrate that underground
transmission lines are not feasible or practical. The applicant is
required to show the locations of all proposed overhead and underground
electric utility lines, including substations and junction boxes and
other electrical components for the project, on the site plan. All
transmission lines and electrical wiring shall be in compliance with
the utility company's requirements for interconnection.
(11)
Artificial lighting of solar energy systems shall be limited
to lighting required for safety purposes and shall be shielded from
all neighboring properties and public roads.
(12)
The manufacturer's or installer's identification and appropriate
warning signage shall be posted at the entry to the site and clearly
visible; provided, however, that total area of such signage shall
not exceed 24 square feet.
(13)
The height of the solar panel arrays shall not exceed 25 feet.
(14)
The Planning Board shall require security in an amount and form acceptable to the Town for the purposes of ensuring that the system is removed and the site is restored as required under § 270-153D of this chapter. The amount shall be determined by an estimate of total cost of removal of the solar energy system and restoration of the site. Acceptable forms of security shall include, in order of preference, cash or letter of credit, or a combination thereof.
(15)
Following construction of a large-scale, solar farm or solar
power plant ground-mounted solar energy system, all disturbed areas
where soil has been exposed shall be reseeded with grass and/or planted
with low-level vegetation capable of preventing soil erosion and airborne
dust, which grass and vegetation shall be reasonably maintained.
(16)
Special use permits granted for solar farm or solar power plant
energy systems shall be assignable or transferable to future landowners
of that system on the approved parcel so long as they are in full
compliance with this chapter and all conditions of the special use
permit and the Building Inspector/Code Enforcement Officer is notified
of the property transfer at least 15 days prior thereto.
(17)
Any post-construction changes or alterations to the solar energy
system, except for repairs, replacements, and upgrades of existing
equipment, shall be done only by amendment to the special use permit
and site plan approval and subject to the requirements of this chapter.
(18)
After completion of a solar farm or solar power plant solar
energy system, the applicant shall provide a post-construction certification
from a professional engineer registered in New York State that the
project complies with applicable codes and industry practices and
has been constructed and is operating according to the design plans.
The applicant shall further provide certification from the utility
that the facility has been inspected and connected.
D.
Abandonment or decommissioning. Solar farms or solar power plants which have not been in active and continuous service for a period of one year shall be deemed abandoned and shall be removed at the owner's or operator's expense. Decommissioning shall include removal of all energy facilities, structures and equipment, including any subsurface wires and footings, from the parcel. Any access roads created for building or maintaining the systems shall also be removed and replanted with vegetation. In the event that the facility is not removed within six months of abandonment, and the site restored as required, the Town may cause the same to be removed and the site restored using the security posted as required by § 270-153C(14) of this chapter.
[Added 9-9-2009 by L.L. No. 9-2009]
A.
Nonconforming uses.
(1)
Continuation. Except as hereinafter provided, the lawful use
of a building, structure or land existing at the effective date of
this chapter may continue 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 subject to the
requirement of this section.
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. The nonconforming use of a building or structure may be changed
to a use permitted in a more restrictive district than the particular
district in which such nonconforming use is first permitted as a permitted
use or to a permitted use within the district in which such nonconforming
use is located.
C.
Abandonment. Whenever any nonconforming agricultural use has been
discontinued for a period of five years, or whenever any other nonconforming
use has been discontinued or abandoned for a period of one year, such
use shall not thereafter be reestablished, and any future use shall
be in conformity with the provisions of this chapter.
D.
Displacement. No nonconforming use shall be extended or enlarged
so as to displace a conforming use.
E.
Site plan review. Any application for a building permit involving the alteration or extension of a nonconforming building or structure shall be reviewed by the Planning Board under the requirements of Article XVII, entitled "Site Plan Approval." The Board shall ascertain that no previous expansion has taken place as a nonconforming expansion.
[Added 9-9-2009 by L.L. No. 9-2009]
A.
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 that increases its nonconformity. The nonconformity
as it pertains to yards is limited to the building or structure footprint,
except for single-family and two-family residential structures. 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.
B.
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.
C.
Restoration and repair.
(1)
In the event that a building or structure which is nonconforming
is destroyed or damaged by fire or other casualty or act of God, no
repairs or reconstruction shall be made unless such restoration is
started within 12 months from the date of partial destruction and
is diligently prosecuted to completion. Otherwise, the building shall
not be restored unless said building or structure and the use thereof
shall conform to all of the regulations of the district in which it
is located.
(2)
Site plan review. Any application for a building permit involving the alteration or extension of a nonconforming building or structure shall be reviewed by the Planning Board under the requirements of Article XVII, entitled "Site Plan Approval." The Board shall ascertain that no previous expansion has taken place as a nonconforming expansion.
(3)
Exemption of single-family residence. The limitations of Subsection C(1) shall not apply to a single-family residential building that is nonconforming only in respect to lot area. However, no single-family dwelling shall be reconstructed to expand into an already deficient lot area or to reduce an already deficient amount of land area for the dwelling. Notwithstanding the above, no single-family residence shall be reconstructed in a nonconforming zoning district. This exemption is permissible only if reconstruction commences within 24 months of partial or total destruction.
Any building or structure found to be unsafe
or a nuisance to public safety shall be subject to the provisions
of the Town of Rotterdam Local Law No. 5 of 1969, entitled "Dangerous
Buildings and Structures."[1]
The Town of Rotterdam and any public school
or fire districts may use land or erect buildings or structures thereon
for use in any district of any nature, provided that such uses, buildings
or structures are for the purpose of carrying out the duly authorized
powers and duties of said Town and its districts.
All exterior lighting accessory to any use,
including the lighting of signs, parking area and recreational facilities
shall be so arranged to prevent direct glare of beams onto any adjacent
public or private property or street.
A.
Purpose. The standards and regulations of this section
are designed to protect and maintain the character of residential
areas while recognizing that certain professional and trade activities
may, on a limited scale, be appropriate accessory uses in residential
dwelling.
C.
Where permitted. Subject to the standards and requirements
of this section, one home occupation is permitted in any residential
dwelling unit or structure accessory thereto.
D.
Issuance, terms and revocation of permits. The Building Inspector/Code Enforcement Officer may issue a home occupation permit following submission of an application and a fee, as set forth in Chapter 126 of the Town Code, entitled "Fees,"[2] if it is determined that such application conforms to
the standards and provisions of this section. Should, at any time
during the period which a home occupation permit is in effect, the
Building Inspector/Code Enforcement Officer find that the operation
of such home occupation is in violation of the provisions of this
section, he shall, by declaration, serve notice of revocation of the
home occupation permit.
[Amended 12-9-1992 by L.L. No. 37-1992[3]]
E.
Use limitations. No home occupation shall be permitted
unless it complies with the following restrictions:
(1)
No person who is not residing on the premises shall
be employed in any home occupation.
(2)
No more than 1/3 or 400 square feet of the combined
floor area of the principal building and accessory building, whichever
is less, shall be devoted to the home occupation.
(3)
No alteration of the principal building shall be made
which changes the character and appearance thereof as a dwelling.
(4)
There shall be no exterior display of stock-in-trade.
(5)
No sign, other than one exterior sign not exceeding
one foot square, shall be displayed.
(6)
There shall be no exterior storage of equipment or
materials used in the occupation.
(7)
The home occupation shall be conducted entirely within
the principal dwelling unit or in a private garage accessory thereto.
(8)
No offensive noise, vibration, smoke, dust, odors,
heat or glare shall be produced.
(9)
No extra parking spaces shall be constructed to serve
the home occupation.
F.
Permitted home occupation. In particular, a home occupation
includes but is not limited to the following:
(1)
Limited office facilities for accountants, architects,
brokers, engineers, land surveyors, lawyers, therapists, insurance
agents and members of similar professions.
(2)
Consultation or emergency treatment by a doctor or
a dentist, but not the general practice of such profession.
(3)
Limited office facility of a salesperson, sales representative
or manufacturer's representative, provided that no retail or wholesale
transactions are made on the premises.
(4)
Home crafts such as model making, rug weaving, lapidary
work and cabinet making.
(5)
Workshop or studio for an artist, photographer, craftsman,
writer, composer, dressmaker, tailor, typist or computer programmer.
(6)
Facilities for instruction to not more than three
pupils at any given time such as in music, dance or driver training.
(7)
Homebound employment of a physically or mentally handicapped
person who is unable to work away from home by reason of disability.
(8)
Nursery schools and day care for not more than four
children.
G.
Prohibited home occupations. Permitted home occupations
shall not be interpreted to include:
(1)
Antique or furniture shops.
(2)
Barbershops, hair stylists or beauty salons, except those exempted in § 270-157F(9).
[Amended 2-28-1996 by L.L. No. 3-1996]
(3)
Commercial stables, kennels or animal hospitals.
(4)
Funeral homes or mortuaries.
(5)
Real estate offices.
(6)
Private clubs or lodges.
(7)
Restaurants.
(8)
Tourist homes or boardinghouses.
(9)
Licensed
adult-use cannabis retail dispensaries.
[Added 12-27-2022 by L.L. No. 1-2023]
(10)
Licensed adult-use cannabis on-site consumption facilities.
[Added 12-27-2022 by L.L. No. 1-2023]
A.
Generally. All development purposes, standards, controls
and procedure normally applicable to planned residential developments
shall also be applicable to mobile home parks, in addition to the
following standards, controls and requirements.
B.
Applicability. No person shall use or park any mobile
home within the Town of Rotterdam except within the limits of a duly
authorized mobile home park; except however, these provisions shall
not apply to the sale, storage or garaging of travel trailers or motor
homes, provided that the same are unoccupied and not used for sleeping
or living purposes and are in compliance with other Town laws and
ordinances.
C.
Preexisting mobile home. Lawfully installed mobile
homes in occupancy at the effective time of this chapter are permitted
to continue subject to the requirements for nonconforming uses.
After building permits for basic construction
have been granted in accordance with the provisions of this chapter,
a temporary construction shed or trailer may be erected on the lot
at which primary construction is to be undertaken. Prior to the issuance
of a certificate of occupancy, such temporary shed or trailer shall
be immediately removed. Under no circumstances shall any such shed
or trailer be used for residential purposes.
Not more than one travel trailer may be stored
in the open air at any one residentially developed lot. All such exterior
storage of travel trailers must comply with the following requirements:
Factory-manufactured homes may, for the purposes
of this chapter be considered a single-family dwelling, provided that
they meet the following requirements:
A.
Each such home shall be permanently installed upon
a full concrete slab or a concrete block and slab basement.
B.
Each such home shall be served with a water and sewage
disposal system meeting New York State Health Department standards.
C.
Each such home shall comply with applicable lot, bulk,
minimum floor area and other requirements set forth in this chapter
and in the New York State Fire Prevention and Building Code.
A.
Permit required. The operation of a landfill shall be permitted by special use permit only in I-2 Heavy Industrial Districts. In addition to requirements for a special use permit by the Town of Rotterdam, all landfill operators shall obtain all approvals and permits for operation proscribed by the New York State Department of Environmental Conservation and Chapter 244 of the Code of the Town of Rotterdam, entitled "Solid Waste." Evidence of state operating permits shall be submitted with applications for special use permits from the town.
B.
Special use permit standards and authorization.
(1)
In addition to conditions and requirements set forth
herein, an operator of a landfill must have a current and valid operating
permit which demonstrates ongoing compliance with 6 NYCCR 360, the
latest New York State Landfill Regulations (effective July 14, 1985),
and any amendment thereto.
(2)
The Planning Board may grant or renew special use permits subject to the standards and conditions set forth in Article XIX herein and applicable state laws, in addition to which permit applications shall be considered in accordance with the findings of the Solid Waste Disposal Study for the Schenectady Intermunicipal Solid Waste Disposal Board (February 1986).
[Added 12-27-2022 by L.L. No. 1-2023]
A.
Permissible locations of licensed adult-use cannabis retail dispensaries
and licensed adult-use cannabis on-site consumption facilities.
(1)
Licensed adult-use cannabis retail dispensaries are permissible
in the B-2 General Business, I-1 Light Industrial, and I-2 Heavy Industrial
Zoning Districts in the Town of Rotterdam upon issuance of a special
use permit and site plan approval by the Planning Commission.
(2)
Licensed adult-use cannabis on-site consumption facilities are
permissible in the I-1 Light Industrial, and I-2 Heavy Industrial
Zoning Districts in the Town of Rotterdam upon issuance of a special
use permit and site plan approval by the Planning Commission.
B.
All applications for licensed adult-use cannabis retail dispensaries and licensed adult-use cannabis on-site consumption facilities shall be reviewed and determined in accordance with the procedures and standards set forth in Article XVII (Site Plan Approval) and Article XIX (Special Use Permits) of this chapter. In addition, the following provisions shall apply:
(1)
Licensed adult-use cannabis retail dispensaries and licensed
adult-use cannabis on-site consumption facilities shall not open before
9:00 a.m. nor remain open after 9:00 p.m. Mondays through Saturdays
and shall not open before 12:00 p.m. nor remain open after 6:00 p.m.
on Sundays.
(2)
Licensed adult-use cannabis retail dispensaries and licensed
adult-use cannabis on-site consumption facilities shall comply with
all location, distance and separation requirements imposed by state
regulations and licensing.
(3)
An applicant for a special use permit and site plan approval
under this section shall demonstrate, through competent technical
proof, that its proposal includes sufficient off-street parking to
fully support the anticipated parking load for the proposed use. Such
competent technical proof shall include an assessment of parking loads
at other established similar adult-use cannabis uses within the region
(including, where appropriate, outside of New York State).
(4)
An applicant for a special use permit and site plan approval
under this section shall demonstrate that its proposal and the surrounding
neighborhood includes sufficient pedestrian facilities and amenities
(including as appropriate and without limitation, sidewalks, crosswalks,
traffic signals, paths, bike lanes, benches, bus stops, and adequate
lighting) to provide invitees a safe and efficient means to access
the site through means other than by motor vehicle.
(5)
An applicant for a special use permit and site plan approval
under this section shall demonstrate that its proposal includes sufficient
ingress and egress points designed to permit safe and efficient access
from adjoining public streets and to avoid traffic congestion.
(6)
An applicant for a special use permit and site plan approval
under this section shall demonstrate that its proposed use will not
cause discernable odors beyond the property line, or where the proposed
use is permissible as one of multiple uses on the same lot, beyond
the boundary of the area designated specifically for the proposed
adult-use cannabis use (e.g., the tenant space).
(7)
Any special use permit approval or site plan approval shall
be deemed to be conditioned upon the applicant securing and continuously
maintaining the appropriate state license for its proposed use. No
applicant shall begin adult-use cannabis retail dispensary or adult-use
cannabis on-site consumption facility operations until such state
license has been issued, and proof thereof has been provided to the
enforcement official of the Town. Any special use permit approval
or site plan approval shall be deemed to expire upon the suspension,
revocation, termination, nonrenewal, or expiration of any such state
license that results in any period of time during which the use lacks
a current, effective and valid state license for such use.
