Rotterdam City Zoning Code
ARTICLE VIIIB
MS/NC Main Street/Neighborhood Center Overlay District
[Added 9-27-2017 by L.L. No. 4-2017]
§ 270-53.20 Purpose.
A.
The purpose of the Main Street/Neighborhood Center Overlay District (MS/NC) is to:
(1)
In certain specified areas, transition existing land uses and site designs that are permitted in underlying existing zoning districts to land uses and site designs that are consistent with the provisions of this article, without adversely affecting existing use and development rights;
(2)
Promote a mixture of complementary land uses that includes housing, retail, offices, commercial services, and civic uses, to create economic and social vitality and to encourage the linking of trips.
(3)
Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians.
(4)
Provide flexibility in the siting and design of new developments and redevelopment to anticipate changes in the marketplace.
(5)
Reinforce streets as public places that encourage pedestrian and bicycle travel.
(6)
Provide roadway and pedestrian connections to residential areas.
(7)
Encourage efficient land use by facilitating compact, high-density development and minimizing the amount of land that is needed for surface parking.
(8)
Facilitate development (land use mix, density, and design) that supports public transit, where applicable.
(9)
Maintain mobility along traffic corridors and state highways.
§ 270-53.21 When regulations apply.
A.
Applicability of this article. The provisions of this article shall apply to any property within the MS/NC Districts with respect to which an applicant elects to proceed with development or use of such property in accordance with the provisions of this article.
(1)
Such election shall be made in writing on a form prescribed by the Planning Board, signed by the owner of the property.
(2)
Once such election is made and the property is used or developed in accordance with the provisions of this article, such election shall be irrevocable, and the provisions of this article shall be deemed to have superseded any inconsistent provisions applicable in the underlying zoning district with respect to such property.
B.
Inapplicability of this article. Except to the extent a previous election has become irrevocable pursuant to § 270-53.21A(2), above, the provisions of this article shall not apply to any property within the MS/NC Districts with respect to which an applicant does not elect to proceed in accordance with the provisions of this article. In such cases, the provisions of the underlying zoning district shall remain in effect.
§ 270-53.22 Permitted uses.
Where an election has been made to proceed under this article in accordance with § 270-53.21, the following principal uses are permitted as of right in the MS/NC District subject to site plan approval by the Planning Board:
A.
Mixed-use developments containing a nonresidential use listed in this section and upper-story residential unit(s).
B.
Retail sales and service under 5,000 square feet gross floor area.
C.
Sit-down restaurants and taverns.
D.
Professional offices.
E.
Professional clinics.
F.
Indoor theaters, dance studios, assembly halls, game rooms, billiard/pool parlors, bowling alleys and similar establishments.
G.
Personal service shops, including but not limited to barbershops, shoeshine shops, beauty parlors, dry-cleaning and laundry pickup, delivery shops, and card shops.
H.
Public parks, playgrounds and other municipal recreational uses.
I.
Public libraries and museums.
§ 270-53.23 Special uses.
Where an election has been made to proceed under this article in accordance with § 270-53.21, the following special uses may be permitted in the MS/NC District:
A.
Public and private schools.
B.
Preschools and day-care centers.
C.
Retail sales over 5,000 square feet and less than 10,000 square feet gross floor area.
D.
Hotels/motels.
E.
Private clubs and religious institutions.
F.
Operations involving the repair, reconstruction, analysis or inspection of computers, electronic and communications equipment and similar components, provided that no manufacturing is performed and all operations are conducted within a completely enclosed building.
G.
Disturbance on a wetland or watercourse area of any class or in a wetland or watercourse buffer area as defined in this chapter.
H.
Brewpubs, microbreweries, microcideries, microwineries and microdistilleries. Brewpubs, microbreweries, microcideries, microwineries and microdistilleries, however, must comply with the following:
[Added 5-24-2023 by L.L. No. 5-2023]
(1)
Each brewpub, microbrewery, microwinery, or microdistillery shall manufacture and sell alcoholic beverages in accordance with the provisions of the New York State Liquor Authority and shall maintain current licenses as required by said agency.
(2)
No outdoor storage shall be permitted.
(3)
All malt, vinous or distilled liquor production shall be within completely enclosed structures.
(4)
By-products or waste from the production of malt, vinous or distilled liquor shall be properly disposed of off the property.
(5)
The emission of odors or smells in such quantities as to produce a public nuisance or hazard is not permitted.
(6)
Excessive noise in violation of Chapter 188 is prohibited and may result in revocation of the special use permit.
(7)
Food cart vendors are permitted on-site only by permission of the Planning Board.
(8)
Hours of operation shall be addressed during site plan review.
§ 270-53.24 Accessory uses.
Where an election has been made to proceed under this article in accordance with § 270-53.21, accessory uses in the MS/NC District shall be limited to following:
A.
Parking and loading.
B.
Bus shelters and loading areas.
C.
Permitted signs.
D.
Storage and buildings accessory to the principal use.
E.
Rooftop-mounted solar collectors that constitute small-scale solar energy systems.
§ 270-53.25 Maximum building height.
[Amended 5-22-2024 by L.L. No. 9-2024]
Where an election has been made to proceed under this article in accordance with § 270-53.21, the maximum building height shall be two stories, not exceeding 35 feet.
§ 270-53.26 Lot area.
Where an election has been made to proceed under this article in accordance with § 270-53.21, the minimum lot area required for each principal use is 15,000 square feet, with a minimum lot width of 100 feet.
§ 270-53.27 Lot coverage.
Where an election has been made to proceed under this article in accordance with § 270-53.21, lot coverage shall not exceed 60% for principal and accessory buildings.
§ 270-53.28 Yard requirements.
Where an election has been made to proceed under this article in accordance with § 270-53.21, the following shall apply:
A.
Front depth shall be a maximum of 10 feet.
B.
Side yard width shall not be less than five feet.
C.
Rear yard depth shall not be less than 25 feet.
§ 270-53.29 Parking.
The intent of the MS/NC District is to encourage shared parking, to reduce vehicular trips, and to reduce the impact on the primary road network. Where an election has been made to proceed under this article in accordance with § 270-53.21, the following shall apply:
A.
On-street parking where permitted is encouraged.
B.
Off-street parking requirements applicable in the MS/NC District are set forth in § 270-149 of this chapter.
C.
Parking is prohibited in the front yard.
§ 270-53.30 Landscaping.
Where an election has been made to proceed under this article in accordance with § 270-53.21, street trees shall be planted in sidewalk cutouts where on-street parking is provided and shall be protected by tree grates or granite tree surrounds. Street tree spacing shall be determined through site plan review.
§ 270-53.31 Design guidelines.
Where an election has been made to proceed under this article in accordance with § 270-53.21, the following design guidelines shall apply;
A.
Where applicable, cornices (e.g., building tops or first-story cornices) shall be aligned to generally match the height(s) of those on adjacent buildings.
B.
Building height transitions or step-downs shall be provided when adjacent to residential or small-scaled uses, as shown in the figure below.
FIGURE 1  BUILDING HEIGHT TRANSITION |
C.
All building entrances, pathways, and other pedestrian areas shall be lit using pedestrian-scale lighting to two footcandles measured at ground level (e.g., wall-mounted lighting, sidewalk lamps, landscape up-lighting, and similar features).
D.
The building(s) shall have at least one primary entrance facing a street.
E.
Building entrances shall open directly to the outside; every building shall have at least one entrance that does not require passage through a parking lot or garage to gain public access; corner buildings shall have corner entrances whenever possible.
F.
Windows shall be provided along at least 60% of the building's facade.
G.
Pedestrian facilities shall connect the development to adjacent land uses and provide connections through the development to the public street right-of-way.
H.
Public entrances shall be provided with weather protection (e.g., awnings, canopies, or similar features). During site plan review, consideration shall be given to appropriate pedestrian amenities (e.g., street tree well cutouts, space for outdoor seating, bus waiting areas, trash receptacles, newspaper vending machines, benches, mailboxes, sidewalk displays, public art, and similar features).
I.
To the extent practicable, all electric, telephone, cable, and similar utility lines servicing a site shall be located underground.
J.
Parking and vehicle drives shall be located away from building entrances to the maximum extent practicable and generally not between a building entrance and the street.
K.
Drive-through facilities are prohibited.
L.
Surface parking shall be oriented behind or to the side of a building when possible, and parking shall not be located on street corners.
M.
Landscape buffering shall be provided between parking lots and all adjacent sidewalks.
N.
Credit for on-street parking. The amount of required off-street parking shall be reduced by one off-street parking space for every on-street parking space adjacent to the development. On-street parking shall follow the established configuration of existing on-street parking, subject to Town, county, and NYSDOT standards, except that angled parking may be allowed for some streets, as approved by the Planning Board. The configuration of on-street parking and allowable credit toward off-street parking requirements shall be addressed during site plan review. The Town shall maintain a written record of credits granted for each use.
O.
Reduce or waive minimum off-street parking standards. The applicant may request a reduction to or waiver of parking standards based on a parking impact study. The study allows the applicant to propose a reduced parking standard based on estimated peak use, reductions due to easy pedestrian accessibility, availability of transit service, likelihood of car pool use, adjacent on-street parking, and potential for shared parking. Shared parking means that multiple uses share one or more parking facilities. Parking demands must peak during different times of the day. The parking study is subject to review and approval or modification by the Planning Board.
P.
Maximum parking ratio. Surface parking shall not exceed 125% of the minimum parking requirement for the subject land use(s). Exemptions to the standard can be approved through site plan review for developments that provide parking structures or shared parking that is intended to be available for public use.
Q.
Bicycle parking. Bicycle parking shall be provided in an amount and in location(s) determined by the Planning Board during site plan review.
R.
The figures below depict a streetscape and neighborhood plan consistent with the aims of the MS/NC District.
FIGURE 2  STREETSCAPE WITH BUILDING ENTRIES, WINDOWS, WEATHER PROTECTION, STREET FURNISHINGS AND TREES |
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