Location. No accessory structure shall be located in the front yard of any lot.

Yards.

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.

(Reserved)[1]

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.

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.

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:

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.

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:

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.

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:

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:

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.

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.

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.

Location and height.

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.

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.

Barbed-wire and electrically charged fences.

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.

Exception for junkyards. The provisions of this section shall not apply to fences enclosing junkyards as required by Chapter 173 of the Town Code.[1]

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.

Showroom. Any motor vehicle sales establishment shall include an enclosed showroom sufficient to display two automobiles.

Location of vehicles. No vehicles shall be parked less than 10 feet from any property line.

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.

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.

Location of vehicles. No vehicles shall be parked or stored less than 10 feet from any property line.

Location of work area. All repairs shall be performed within the principal building on the premises.

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.

Location of vehicles. No vehicles shall be parked less than 10 feet from any property line.

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.

Location of fuel pumps. Motor vehicle fuel pumps and service facilities shall be set back a minimum of 25 feet from every property line.

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.

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.

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.

At aquifer. The establishment or expansion of convenience stores with fuel filling pumps is prohibited within the Aquifer Overlay District.

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.

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:

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.

Accessory towers. Towers accessory to a permitted principal use may be established, provided that they are in full compliance with the following requirements:

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.

General requirements.

Exemptions. The following towers are exempt from the regulation found in this section:

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.

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.

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.

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.

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.

Uses not listed. Persons undertaking uses not listed herein shall be required to provide parking facilities as determined by the Planning Board.

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.

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.

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.

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.

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.

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.

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.

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.

General requirements. In any district, all signs shall comply with the following general requirements:

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:

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:

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.

Billboards of any nature or kind are hereby prohibited in the Town of Rotterdam and shall not be permitted.

Nonconforming uses.

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.

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.

Displacement. No nonconforming use shall be extended or enlarged so as to displace a conforming use.

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.

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.

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.

Restoration and repair.

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.

(Reserved)[1]

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.

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.

Use limitations. No home occupation shall be permitted unless it complies with the following restrictions:

Permitted home occupation. In particular, a home occupation includes but is not limited to the following:

Prohibited home occupations. Permitted home occupations shall not be interpreted to include:

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.

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.

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.

No travel trailer shall be used for sleeping or living purposes.

No travel trailer shall be stored on the front yard of the property.

No travel trailer shall be stored within five feet of any side or rear lot line.

Each such home shall be permanently installed upon a full concrete slab or a concrete block and slab basement.

Each such home shall be served with a water and sewage disposal system meeting New York State Health Department standards.

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.

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.

Special use permit standards and authorization.

Permissible locations of licensed adult-use cannabis retail dispensaries and licensed adult-use cannabis on-site consumption facilities.

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: