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.
(3) Parking. See §
270-149 for required yards for parking.
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.
[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.
(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 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.
D. Motor vehicle repairs. Motor vehicle repair facilities accessory to any motor vehicle sales establishment shall be known only by special use permit authorization and shall conform to the requirements for such uses set forth in §
270-145.
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.
[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, 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.
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.
[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 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."
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.
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:
A. No travel trailer shall be used for sleeping or living
purposes.
B. No travel trailer shall be stored on the front yard
of the property.
C. No travel trailer shall be stored within five feet
of any side or rear lot line.
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.
[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.