Rotterdam City Zoning Code
ARTICLE XA
C-1 Corporate Commerce District
§ 270-70.1 Purpose.
The primary purpose of the Corporate Commerce District C-1 is to permit, where appropriate, the construction of facilities providing research and development, and information and communication services. This district is primarily for the location of high-technology facilities, office parks, research and development facilities and headquarters of corporations and organizations, with light manufacturing that is consistent with the purpose of this article. The district is also intended to provide a location for office, research, computer and telecommunication uses in a well-designed and landscaped setting. By establishing design and site development standards, the C-1 District encourages the. creation of a quality office and technology building environment. The district is also intended to allow various nonretail service-oriented uses in areas transitioning from residential to nonresidential uses, so as to preserve the residential character of the area. The district provides a greater variety of uses for existing residential structures/lots located along major roadways whose appeal as strictly a single-family residence is being impacted by increased traffic and development. Because of the generally low volume of traffic associated with such uses and their hours of operation and noise characteristics, they are compatible as transition uses.
§ 270-70.2 Permitted uses.
A.
An owner shall be permitted to have more than one tenant in an approved facility as long as all occupancies fall within the permitted use. The following uses are permitted in a C-1 District:
(1)
Scientific, industrial or experimental research; testing and development of materials, methods or products, including engineering and laboratory research and commercial, physical and biological research.
(2)
Information and communication services, including commercial computer services.
(3)
Headquarters and offices of corporations and companies, including single- or multi-building office parks.
(4)
Headquarters and offices of membership, organizations, unions, charitable institutions and professional and educational organizations.
(5)
Finance and insurance services, including banks, brokerage houses, investment counseling services and processing of insurance information and all services related thereto.
(6)
Offices for licensed professionals, including engineers, surveyors, architects, and attorneys.
(7)
Barber or beauty shops.
(8)
Physicians, engineering and management consulting services.
(9)
Public administration.
(10)
Day-care services.
(11)
Buildings accessory to the above which are an integral part of any of the above uses and not in conflict with the purpose of this article as set forth above, which determination shall be made by the Planning Board.
(12)
Medical facilities.
(13)
Executive, sales, accounting, professional and general business offices.
(14)
Electronics, telecommunication and computer business and service offices and facilities.
(15)
Institutional, philanthropic and governmental offices.
(16)
Data processing and computer services.
(17)
Medical offices.
(18)
Banks.
(19)
Hotels, except that said hotels must be a minimum of four stories.
(20)
Personal service shops including but not limited to barbershops, shoeshine shops, beauty parlors, dry-cleaning and laundry-pickup and delivery shops and card shops.
(21)
Public parks.
B.
In conjunction with the permitted uses, 20% of the gross floor area of the main facility may be used for assembling of products directly related to the approved use.
§ 270-70.3 Special uses.
The following special uses may be permitted or denied subject to review under Article XIX of this chapter:
A.
Warehousing and distribution facilities accessory to a permitted use above.
B.
Light manufacturing conducted within a completely enclosed building, provided that there is no outdoor storage of material or product.
C.
Publishing, printing or bookbinding facilities.
D.
Motor vehicle fueling stations and car washes with buildings and canopies not to exceed a combined 5,000 square feet.
E.
The excavation and removal of stone and gravel.
F.
Electrical substation, gas district governor station, telephone exchange or other public utility building, structure or use.
G.
Timbering.
H.
Storage of LP gas in excess of 1,100 gallons.
I.
All other telecommunication towers as needed to support the permitted use.
§ 270-70.4 Space and bulk standards.
A.
Lot area. The minimum lot size shall be one acre (43,560 square feet), and the minimum width at the front building line shall be 150 feet. There is no maximum lot size so long as such use will promote the intent and purpose of this article. In making such determination, the Planning Board shall find that the acreage will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; that the acreage would not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located; that the health, safety, welfare or order of the Town will not be adversely affected by the proposal; and that the proposal will be in harmony with and promote the general purposes and intent of this article. In addition to the above standards, the Planning Board shall also consider the character of the existing uses and approved future development in the district and the peculiar suitability of such district for the location of any such proposal; the conservation of property values and the encouragement of the most appropriate use of land; the effect that the location of the proposal may have on the increase of vehicular traffic congestion of public streets and highways; whether the use or structures to be used therefor will cause an overcrowding of land or undue concentration of population; and the physical characteristics and topography of the land.
B.
Lot coverage. Structures, parking areas, including maneuvering areas, stormwater retention areas and other site amenities that are an integral and necessary part of the use shall not occupy more than 50% of the total lot area. The green space requirement for this district is a minimum of 5%. The stormwater retention area may be included in the green space calculation upon proof that the stormwater retention area will be improved to form an integral part of the landscaping scheme and would enhance the overall aesthetics and thus serve the purpose of the green space requirements of this article.
C.
Buffer. No building shall be located closer to any residential district property line than 100 feet, and there shall be no encroachment into this area by anything other than natural vegetation or planted landscaping. In addition, there shall be established a minimum ten-foot planted buffer along the rear and side property line of all parcels.
D.
Height. No building shall exceed five stories or 87.5 feet in height.
E.
Setbacks.
(1)
Front yards, Notwithstanding any other provision of the Code to the contrary, no building shall be located closer than 35 feet to the front property line, into which space there shall be no encroachment of structures other than a fence or similar structure or sign. No parking or maneuvering area shall be allowed in the front yard unless the Planning Board finds that, in the case of keyhole lots or lots with similar configuration, the intent of this chapter is better met by allowing construction within the front yard setback.
(2)
Side yards/rear yards. In order to allow and promote the purpose of this article for maximum flexibility of design in order to preserve as much of the natural environment as possible, there is established a ten-foot rear and side yard setback which shall be treated as a buffer area. This buffer area shall contain natural or planted vegetation for the purpose of screening uses from adjacent properties.
(3)
Setbacks for accessory buildings. No building approved as an accessory to the main use shall be constructed closer than 25 feet to a property line.
§ 270-70.5 Development standards.
A.
Ingress/Egress. There shall not be more than one curb cut per lot unless the Planning Board finds that traffic safety will be improved with the addition of another curb cut. Such curb cut shall be wide enough to accommodate safely and in accordance with accepted traffic control standards approved by the Town's engineer or Town-designated engineer the type of traffic to be generated by the use and shall meet all of the firesafety requirements of the Town of Rotterdam. The distance between curb cuts on two separate parcels shall be a minimum of 100 feet measured from the center line of the curb cut. Design should take into consideration the possibility of shared curb cuts with adjacent properties. In the case of a corner lot, no curb cut shall be located closer than 100 feet to an intersection.
B.
Landscaping. The overall intent of this standard is to achieve, where possible, a well-landscaped site that takes into consideration the surroundings and the total environment. That is, consideration shall be given to preservation of natural and existing vegetation as well as new plantings throughout the entire site plan. The Planning Board shall take into consideration the location of the structures and parking areas and their proximity to adjacent buildings and/or lots. Consideration shall be given to planting along property lines, buffer areas and along the walls of the building or structure, where possible, without impeding the operations of the facility. However, if there is substantial natural vegetation on site that services the requirements, i.e., screening, aesthetics, etc., the Planning Board shall not require additional landscaping except where deficiencies exist.
C.
Architectural The architectural design shall consider building facade, including color, and other significant design features such as exterior materials and treatments, roof structures, exposed mechanical equipment and service and storage areas. Architectural block or similar facades, especially along the road frontage, shall be required.
D.
Utilities. Uses proposed within a C-1 District shall be served by sanitary sewers, adequate drainage control and/or storm sewers and a community water system where available. If none is available at the time of approval, the Planning Board shall require the owner to hook into a community water and sewer system as soon as one becomes available as defined by the New York State Uniform Fire Prevention and Building Code.
§ 270-70.6 Nonconforming uses, buildings and structures.
A.
Nonconforming uses in the C-1 District.
(1)
Continuation. Except as hereinafter provided, the lawful use of a building, structure or land existing at the effective date of this article may continue indefinitely and permanently although such use does not conform to the provisions herein.
(2)
Whenever the use of a building or structure becomes nonconforming through a change in the provisions of this chapter or district boundaries established by this chapter, such use may continue indefinitely and permanently.
B.
Change of nonconforming use. Once changed to a conforming use, no structure, building or land shall be permitted to revert to a nonconforming use.
C.
Abandonment. Whenever any nonconforming use has been discontinued for a period of two years, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
D.
Nonconforming buildings or structures in the C-1 District.
(1)
Continuation. Where a nonconforming building or structure exists at the effective date of the adoption of or amendment to this chapter, such nonconformity may be continued so long as it remains otherwise lawful. No such nonconforming building or structure may be enlarged or altered in a way which increases its nonconformity by more than 30% of its existing capacity as of the effective date of this article. Such enlargement or alteration shall not tend to increase any inherent nuisance, nor shall such enlargement or alteration violate any provision of this chapter regarding yards, lot area or lot coverage for the district in which it is situated, nor increase any violation of such provision.
(2)
Alterations and extensions. No nonconforming building or structure may be reconstructed or altered during its life to an extent exceeding in aggregate cost 30% of the full valuation of the building, unless said building or structure is changed to conform to this chapter, except as otherwise permitted for the repair or restoration of the structure.