A. 
Permitted uses.
(1) 
The following uses are permitted within the Retail Commercial District:
(a) 
Administrative, professional or executive offices.
(b) 
The following uses for treatment and care of human beings, including but not limited to:
[1] 
Medical buildings consisting of offices or clinics for doctors, osteopaths, dentists, chiropractors, chiropodists, podiatrists, opticians and optometrists.
[2] 
Nursing or convalescent homes.
[3] 
Nonprofit institutions for charitable, medical, religious, cultural or community social purposes.
(c) 
Meeting rooms for private clubs, lodges or fraternal organizations.
(d) 
As an accessory use, a restaurant, newsstand, pharmacy or other incidental service in connection with a hospital, medical building or nonprofit institution, but only when conducted and entered from within the building, provided that no exterior display or advertising shall be made of such use.
(e) 
As an accessory use, a club swimming pool, provided that such pools are located entirely within an enclosed building. Outdoor pools shall be subject to special permit of the Planning Board, which shall apply the provisions of § 140-38F hereof as well as any other standards deemed necessary or proper.
(f) 
The following uses, when conducted within a completely enclosed building:
[1] 
Retail sales.
[2] 
Personal service establishments, i.e., barbershops, beauty parlors and shoe or hat cleaning or repair.
[3] 
Laundromat, dry-cleaning or laundry pickup stations.
[4] 
Sit-down eating or drinking establishments.
[5] 
Custom shops, including but not limited to electrical, heating, printing, plumbing or woodworking shops.
[6] 
Indoor theaters.
[7] 
Banks. Drive-in banks, provided that at least five reservoir spaces are provided for each drive-in teller's window. Such reservoir spaces will be exclusive of required parking spaces.
[8] 
As an accessory use, shops for the manufacture or processing of articles incidental to the conduct of a retail business lawfully conducted on the premises, provided that:
[a] 
All such articles manufactured or processed are sold at retail on the premises.
[b] 
Not more than four persons are engaged in such manufacturing or processing at any one time in any one establishment.
[c] 
Such activity shall not produce offensive odor, noise, vibration, heat, glare or dust.
(g) 
Groups of three or more of the above uses in what are commonly known as "shopping centers," provided that no shopping center or contiguous group of shopping centers shall have a total retail floor space in excess of 100,000 square feet.
(h) 
Subject to the issuance of a special permit by the Planning Board, motor vehicle service stations providing the normal fueling and lubrication services to motor vehicles, including minor part replacement, but excluding major repair and/or rebuilding of motor vehicles or their parts. In addition to the criteria established in § 140-38F, the Board shall also find, prior to granting such permit:
[1] 
That there is no other motor vehicle service station within 500 feet of the subject application in the interests of public safety.
[2] 
That there is access to a major road at a safe location.
[3] 
That the owner agrees to any limits on operation and any architectural and/or landscaping requirements that the Board feels are necessary under the circumstances.
(i) 
Congregate housing, in accordance with the following:
[Added 12-13-1988 by L.L. No. 5-1988]
[1] 
The number of units per building shall not exceed 160.
[2] 
The minimum square footage requirements for each unit shall be 20% less than specified in § 140-23H.
[3] 
Parking. There shall be one parking space for each building unit.
[4] 
Density shall be determined by the Planning Board, keeping in mind that such housing is designed primarily for senior citizens.
[5] 
Building height, setbacks, lot coverage and other site requirements shall be determined by the Planning Board, taking into consideration the use of the project, the location and surrounding uses.
[6] 
Except as above, the requirements of § 140-23 shall apply.
(j) 
Subject to the issuance of a special permit by the Planning Board, residential uses. In addition to the criteria established in § 140-38F, the Planning Board shall require:
[Added 7-5-1996 by L.L. No. 1-1996]
[1] 
Separate parking for the residential occupants;
[2] 
Minimum square footage of the residential unit or units to be as set forth in § 140-23H; and
[3] 
That the intended primary use of the property is commercial.
[4] 
That the entrances for the residential shall be separate from the entrances for the commercial.
(2) 
For uses of a similar character but not specifically listed above, application may be made to the Planning Board for a special permit. Such permit shall be granted upon a finding by the Board that said use is indeed of the same general character and fits into the intent of this section.
B. 
Prohibited uses. All uses not expressly or conditionally permitted are prohibited.
[Added 8-10-2004 by L.L. No. 2-2004[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B as Subsection C.
C. 
Regulations. The above uses shall be regulated according to the provisions of § 140-36.
A. 
Intent. Highway Commercial Districts are intended to provide a controlled environment in which more intensive uses which deal in bulk retail merchandise, or businesses or trades which are dependent upon a high volume of traffic for their trade, can locate. Such uses will be encouraged in the vicinity of the busier highways and intersections within the Town. However, they shall not be permitted to develop in such concentrations or in such a manner as to impede traffic or become a nuisance or hazard to the public welfare and safety.
B. 
Permitted uses.
(1) 
Permitted uses shall be as follows:
(a) 
Motor vehicle service stations, subject to the provisions of § 140-32A(1)(h).
(b) 
Farm implement dealers.
(c) 
Rapid car washes, provided that no entrance or exit drive shall be located within 100 feet of any street intersection, and provided that there are at least 50 reservoir spaces, as defined herein, for the first wash rack or wash lane and 35 additional reservoir spaces for each additional wash rack or wash lane.
(d) 
Nurseries and garden stores.
(e) 
Monument sales, provided that all cutting and engraving processes are conducted within an enclosed building.
(f) 
The following uses, provided that they are conducted within a completely enclosed building or within an area enclosed by suitable solid fence or wall:
[1] 
Building materials supply, including incidental millwork.
[2] 
Small animal hospitals or kennels located at least 200 feet from the side and rear property lines of the lot upon which said buildings are located.
[3] 
Machine or tool sales, rental or service.
(g) 
[Added 10-8-1985 by L.L No. 5-1985] The following uses, with a special permit from the Planning Board:
[1] 
Convenience stores, as follows:
[a] 
Retail sales of gasoline and fuel oil.
[b] 
Retail sales of food, sundries and personal care items.
[c] 
Sit-down eating and drinking.
[2] 
Any use permitted in a Retail Commercial (C) District under the same conditions as pertain to a Retail Commercial (C) District.
[Added 7-17-1995 by L.L. No. 3-1995]
(2) 
For uses of a similar character but not specifically listed above, application may be made to the Planning Board for a special permit. Such permits shall be granted upon a finding by the Board that said use is indeed of the same general character as the above-permitted uses.
C. 
Prohibited uses. All uses not expressly or conditionally permitted are prohibited.
[Added 8-10-2004 by L.L. No. 2-2004[1]]
[1]
Editor's Note: This local law also redesignated former Subsection C as Subsection D.
D. 
Regulations. The above shall be regulated according to the provisions of § 140-36.
A. 
Planned Highway Districts will be designated upon application from a landowner in order to provide for the development of planned commercial and/or industrial areas along major highways. Due to the greater efficiencies that arise from a large-scale planned project, some of the dimensional standards of § 140-36 may be relaxed, and some otherwise prohibited uses may be accommodated as a result of better planning and higher design standards. A Planned Highway District application will be considered with respect to property situated, in whole or in the greater part, in an existing commercial or industrial district and having frontage along a major road.
B. 
Permitted uses shall be as follows:
(1) 
All uses permitted in §§ 140-33B and 140-35C.
[Amended 8-11-1987 by L.L. No. 2-1987]
(2) 
Other uses oriented to the highway, such as motels, camper and trailer sales, bowling alleys and drive-in restaurants.
C. 
Prohibited uses. All uses not expressly or conditionally permitted are prohibited.
[Added 8-10-2004 by L.L. No. 2-2004[1]]
[1]
Editor's Note: This local law also redesignated former Subsections C through H as Subsections D through I, respectively.
D. 
Minimum size. No area will be considered for a Planned Highway District that does not have a minimum area of five acres, highway frontage along a major road of at least 250 feet and a depth from the major road of at least 200 feet. Adjacent property owners may petition jointly if their aggregate holdings meet these requirements and they agree to a coordinated development plan.
E. 
Lot coverage. The maximum lot coverage by all buildings and structures, including accessory buildings, is increased to 40%. Setback and height limits shall be governed by the provisions of § 140-36C and E.
F. 
Perimeter landscaping. Except for points of access and egress, the land abutting the major road(s) shall be landscaped along the entire length of such property line(s) for a depth of 25 feet. Perimeter planting shall be required along all interior lot lines, except those between two or more parcels which are the subjects of a joint application under a coordinated plan.
G. 
Architectural treatment. Even though any of the permitted uses may juxtapose with one another, the design of the structures must be of a uniform architectural style and treatment. Similarly, signs should be of a uniform type in both lettering and design. Clear, legible directional signing is encouraged.
H. 
Parking. The parking requirements of § 140-36F shall govern, though the Planning Board, in its site plan review will take due account of the particular use groupings in accessing potential overlap of space standards. Single large parking areas shall be avoided, and, instead, the lots shall be broken into smaller units through the provision of islands and plantings. The design shall reflect the difference between through aisles for the relatively unobstructed conduct of traffic through the area and interior aisles for the purpose of providing access to the individual parking stalls. Provision for safe and direct pedestrian movement from the parking areas to the buildings shall be required.
I. 
Access. Access points to the major road(s) shall be minimized and spaced no closer together than 200 feet.
[Amended 8-11-1987 by L.L. No. 2-1987]
A. 
Intent. The intent of creating industrial districts is to set aside areas of the Town which are most appropriate for industrial-related uses that will result in a minimum of disturbance or conflict with nonindustrial uses.
B. 
District created. There is hereby created within the Town an Industrial District.
C. 
Permitted uses. The following principal uses are permitted in the Industrial District:
(1) 
Warehouses for enclosed storage of goods and materials and distribution centers, excluding trucking terminals and bulk storage of fuel or other flammable liquids or gases.
(2) 
Research and development laboratories.
(3) 
Administrative, professional or executive offices.
(4) 
Fabrication of paper products, such as but not limited to packaging materials, office and household supplies, stationery, etc.
(5) 
The processing and fabrication of plastics and plastic products, including but not limited to product design and development, molding, mold repairs and alterations, finishing and packaging of plastics and plastic-related products.
(6) 
The processing and fabrication of metal products, such as but not limited to metal foil, sheet metal products and related metal fabrication.
(7) 
The manufacture or remanufacture of machinery, machine parts, motor vehicle parts, electronic part components, tool and die products and associated machinery.
(8) 
Welding and related welding activities.
(9) 
Printing, publishing and bookbinding.
(10) 
Motor vehicle sales, service and repair.
(11) 
Construction equipment storage and repair.
(12) 
Lumberyards.
(13) 
The processing of foods.
(14) 
Wholesale distribution of any of the above items and/or products.
D. 
Conditional industrial uses. Conditional industrial uses shall be any industrial uses which are of the same character as those listed as permitted uses and which will not be detrimental to the district or adjacent residential districts upon the granting of a special permit by the Planning Board.
E. 
Prohibited uses. Prohibited uses shall be the manufacturing of explosives, acetylene, gas, oxygen, plaster, disinfectants or insecticides, asphalt, soap, ammonia, bleaching powder or other chemicals emitting corrosive or toxic fumes carrying beyond the limits of the premises, cement, lime, acids, tallow, greases or oils, glue, size or gelatin, fertilizer; also any industrial processes emitting dust, gas, fumes, odor, noise, smoke or vibration comparable in character to or in aggregate amount equaling that of any use specified in this subsection; and also any process which employs the use or storage of nuclear fuels or radioactive materials of any kind. All uses not expressly or conditionally permitted are prohibited.
[Amended 8-10-2004 by L.L. No. 2-2004]
F. 
Additional conditions. Before any land shall be used or building or structure constructed, reconstructed, altered, changed or used for any purpose specified in Subsections C and D herein or upon any change in use within the district, application must be made to and approval thereof granted by the Planning Board at the site plan review stage, subject to such terms and conditions as may be appropriate in the particular case. The Planning Board shall consider the following:
(1) 
The hazard of fire or explosion of other physical hazard to any adjacent building or property.
(2) 
Appropriate fencing and/or screening of the parcel from adjacent residential premises, if any.
(3) 
The provision for adequate off-street parking for all employees, guests, invitees and users of the property.
(4) 
The grading, drainage, entrances and exits from existing roadways, traffic flows, landscaping and other related site improvements.
(5) 
The location of loading and unloading areas and the screening of docks and storage areas.
(6) 
The outside lighting of buildings, grounds and parking areas.
(7) 
Reasonable hours for refuse collection, deliveries, snow removal or other services which generate objectionable noises when such activities occur adjacent to an area being used for residential purposes.
(8) 
Any other condition or criteria which may be appropriate to the particular use or parcel.
[Added 8-18-1994 by L.L. No. 2-1994]
A. 
Intent. The intent of this district is to provide for research and development-oriented industries and regional or district corporate offices and other compatible limited manufacturing operations in an industrial park-like or campus-like environments that will be compatible with the existing nonindustrial uses in the Town of Clarkson. The district regulations are designed to limit and restrict permitted and special permit uses to these that will be commercial areas in close proximity. Because of this, in the event of a conflict with other provisions of this chapter, the stricter requirement shall apply.
B. 
District created. There is hereby created within the Town a Limited Industrial, High Technology Manufacturing and Office Park District (L.H.O.).
C. 
Permitted uses. The following uses and their customary accessory uses are permitted in the L.H.O. District:
(1) 
Offices for business, administrative, educational and professional entities and government offices.
(a) 
General offices.
(b) 
Data processing.
(c) 
Engineering offices.
(d) 
Administrative, professional and executive offices.
(2) 
Scientific research or experimental design and design and development of materials, methods or products, including engineering and laboratory research.
(a) 
Environmental-biotech labs.
(b) 
Dental or optical labs.
(c) 
Research and development labs or centers.
(3) 
Light manufacturing, assembling, fabrication or packaging of products such as cloth, paper, leather, precious or semiprecious metals or stone.
(a) 
Electronic assembly.
(b) 
Optical goods and other precision instruments manufacturing.
(c) 
Packaging, office stationery and the processing or fabricating of paper products.
(d) 
Jewelry and arts-and-crafts manufacturing.
(e) 
Clothing and dry goods.
(4) 
Accessory uses and structures customarily incidental to a principal use, including but not limited to garages, pump houses and water towers.
(5) 
Warehouse and distribution facilities accessory and integral to the permitted operation under § 140-35.1C(3) above, the scope of such use is not to exceed 30% of the building's or structure's total square footage.
(6) 
Public buildings and grounds, excluding maintenance, repair or outdoor storage facilities owned or operated by the Town of Clarkson for municipal use.
(7) 
Completely enclosed public utility substations and uses.
D. 
Uses permitted upon issuance of a special permit. Upon issuance of a special permit by the Planning Board in accordance with § 140-38F, the following uses may be permitted:
[Amended 6-27-2000 by L.L. No. 3-2000]
(1) 
Warehouse and distribution facilities not accessory to a principal use.
(2) 
Printing, publishing and bookbinding.
(3) 
The processing and fabrication of plastics and plastic products.
(4) 
Electric and electronic components manufacture.
(5) 
Light metal fabrication.
(6) 
Metal products.
(7) 
Tool and die operations and machine shops.
(8) 
Day-care operations in the business of caring for dependents.
(9) 
Use of similar character to those allowed in this district, provided that the Planning Board, prior to issuing a special permit, makes a finding that the proposed use is of a similar character to a use permitted in such district either under Subsections C or D above.
E. 
Prohibited uses. All uses not expressly or conditionally permitted are prohibited.
[Added 8-10-2004 by L.L. No. 2-2004[1]]
[1]
Editor's Note: This local law also redesignated former Subsections E through H as Subsections F through I, respectively.
F. 
Dimensional requirements. At a minimum, all parcels shall conform to the following:
[Amended 6-27-2000 by L.L. No. 3-2000]
(1) 
Lot area: 60,000 square feet.
(2) 
Lot width at right-of-way: 200 feet.
(3) 
Lot depth: 300 feet.
(4) 
Side setback:
(a) 
Abuts residential: 50 feet.
(b) 
Abuts nonresidential: 30 feet.
(5) 
Front setback:
(a) 
Fronts on major road: 100 feet.
(b) 
All other roads: 65 feet.
(6) 
Rear setback:
(a) 
Abuts residential: 50 feet.
(b) 
Abuts nonresidential: 50 feet.
(7) 
Building size will be determined by the requirements of the New York Fire Prevention and Building Code.
(8) 
Height of structures in the L.H.O. District shall not exceed 40 feet. Chimneys, ventilators, necessary mechanical appurtenances and similar features attached to such structure may extend 15 feet above the highest point of the building structure. The aggregate area covered by all such features shall not exceed 20% of the area of the roof of the building on which they are located. One flagpole, used exclusively for the display of flags not exceeding 30 feet in height, is permitted.
G. 
Lot coverage. All buildings and structures, including accessory buildings, shall cover not more than 35% of the lot area.
[Amended 6-27-2000 by L.L. No. 3-2000]
H. 
Parking requirements. All site plans will be subject to parking requirements under the Clarkson Zoning regulations, § 140-36.
I. 
Special requirements. In addition to the performance standards contained in § 140-35.2, the following shall apply:
(1) 
Operations and facilities permitted in the L.H.O. District shall be designed, constructed and enclosed so that there will be no observable external evidence thereof, other than loading and unloading functions which shall be fully screened from all adjacent nonindustrial areas.
(2) 
Screening, such as a soil berm, including natural plantings. Fence-type screening for these purposes will not be permitted.
(3) 
Architecturally, the building structure will be designed to compliment the preexisting building structures adjacent to the district.
[Added 8-18-1994 by L.L. No. 2-1994]
In conjunction with all site plan reviews concerning §§ 140-35 and 140-35.1, the Planning Board will conduct a review of the performance standards listed below which limit dangerous and objectionable elements such as dust, smoke, odor, fumes, noise or vibration. In approving the site plan, the Planning Board shall decide whether the proposed use will conform with the applicable performance standards. The applicant shall submit to the Planning Board, if the Planning Board so requests, a written report showing the manner in which the proposed use will comply with the performance standards. The applicant will be responsible for any and all fees necessary to complete the performance standard review, ie.: hired consultants, special measurement studies and specific scientific tests. When the use of a consultant or study is required by the Planning Board, the applicant shall deposit the sum of $2,500 to be applied to said fees. Any proceeds of such deposit not used for said fees shall be returned to the applicant and any deficiency shall be made up by the applicant within 15 days following a request by the Planning Board and in any event prior to the issuance of a building permit or certificate of occupancy. The continued effectiveness of the certificate of occupancy shall be conditioned on the continuous conformance of the applicant's completed building, installations and uses relative to the applicable performance standards.
A. 
Performance standards procedure.
(1) 
An application for a building permit or certificate of occupancy for a use subject to the performance standards procedure shall include a plan of proposed construction and a description of the proposed machinery, operations and products and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements. The applicant shall also file with such plans and specifications an affidavit acknowledging his understanding of the applicable performance standards and stating his agreement to conform to the same at all times. During the course of site plan review, the Planning Board and the Town Engineer shall determine if the applicant's proposal falls within the performance standards.
(2) 
The Planning Board may require a report by one or more expert consultants retained by the Planning Board, or retained by the applicant and approved by the Planning Board, to advise as to whether the proposed use will conform to the applicable performance standards. Their consultant shall report to the Board within 20 days of said request and a copy of his report shall be promptly furnished to the applicant. Site Plan approval time extensions may be allowed by mutual agreement of the Planning Board and the applicant. The cost of any such special reports by expert consultants shall be paid by the applicant.
(3) 
Upon adoption of the Performance Standards by the Town of Clarkson, such regulations will be strictly enforced relative to all new and existing uses under §§ 140-35 and 140-35.1.
(4) 
Enforcement of the performance standards will be the responsibility of the Town Building Inspector. Potential violations will be brought to the attention of the business owner(s) as well as the building owner(s) and reported to the Town Planning Board, including the Town Engineer and Town Attorney. A full performance standards review based on the procedures outlined above will be required to investigate the situation and take appropriate action to render full compliance with the code.
(5) 
All consulting reports, professional engineering studies and any other such professional submissions to the Town must be certified to the Town of Clarkson, including a vita on the writer.
B. 
Performance standards.
(1) 
Fire and explosion hazards. All activities involving and all storage of inflammable and explosive materials shall be confined to a location with adequate safety devices against the hazard of fire and explosion. Adequate fire-fighting and fire-suppression equipment and other devices standard in the industry shall be provided. Burning of waste materials in open fires is prohibited at any point. Other relevant provisions of state and local laws and regulations shall also apply.
(2) 
Vibration.
(a) 
No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot lines, nor shall any vibration produced exceed 0.002g peak at up to 50 cps frequency, measured at or beyond the lot lines using either seismic or electronic vibration measuring equipment.
(b) 
Vibrations occurring at higher than 50 cps frequency or a periodic vibration shall not induce accelerations exceeding .001g. Single impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding .01g.
(3) 
Noise.
(a) 
The maximum decibel levels radiated by any use of facility at any lot line shall not exceed the values in the designated octave bands given in Table I below. The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sound Z24.3-1944, American Standards Association, Inc., New York, and American Standard Specification for an Octave Tank Filter Set for the Analysis of Noise and Other Sounds, Z24.10-1953, American Standards Association, Inc., New York, New York, shall be used.)
Table I
Frequency Band Cycles Per Second
Maximum Permitted Sound Pressure Level (in Decibels)
0 - 75
69
75 - 150
60
150 - 300
56
300 - 600
51
600 - 1,200
42
1,200 - 2,400
40
2,400 - 4,800
38
4,800 - 10,000
35
(b) 
Where any use adjoins a residential district, the maximum permitted decibel levels in all octave bands shall be reduced by six decibels from the maximum levels set forth in Table I.
(4) 
Smoke. The density of emission of smoke or any other discharge into the atmosphere during normal operations shall not exceed visible gray smoke of a shade equal to or darker than No. 2 on the standard Ringlemann Chart. (A "Ringlemann Chart" is a chart published by the United States Bureau of Mines which shows graduated shades of gray for use in estimating the light-obscuring capacity of smoke.) These provisions applicable to visible gray smoke shall also apply to visible smoke of different color but with an apparent equivalent capacity.
(5) 
Odors. No emission shall be permitted of odors, gases or other odorous matter in such quantity as to be readily detectable when diluted to a ration of one volume of odorous air emitted to four volumes of clean air. Any process that may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. There is hereby established, as a guide in determining such quantities of offensive odors, in Table III, "Odor Thresholds," in Chapter 5, "Air Pollution Abatement Manual," Copyright 1959 by Manufacturing Chemists Association, Inc., Washington, D. C., and said manual and or table, as subsequently amended.
(6) 
Fly ash, dust fume, vapors, gases and other forms of air pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling at any point beyond the boundaries of the lot. The concentration of such emission on or beyond any lot line shall not exceed .10 the maximum allowable concentration set forth in 12-29 of the Industrial Code Rule No. 12, relating to the control of air contaminants, adopted by the Board of Standards and Appeals of the New York State Department of Labor, effective October 1, 1956, and any subsequent standards.
(7) 
Electromagnetic radiation. It shall be unlawful to operate or cause to be operated any planned or intentional sources of electromagnetic radiation which do not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation; except that, for all governmental communications facilities, governmental agencies and government-owned plants, the regulations regarding such sources of electromagnetic radiation of the Interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission. Further, said operation in compliance with the Federal Communications Commission of the Interdepartment Radio Advisory Committee regulations shall be unlawful if such radiation causes abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious radiation, harmonic content, modulation of energy conducted by power or telephone lines. The determination of "abnormal degradation in performance" and of "of quality and proper design" shall be made in accordance with good engineering practices, as defined in the latest principles and standard of the American Institute of Electrical Engineers, the Institute of Radio Engineers and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of standards and principles shall apply:
(a) 
American Institute of Electrical Engineers;
(b) 
Institute of Radio Engineers; and
(c) 
Electronic Industries Association.
(8) 
Radioactive radiation. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property lines. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Atomic Energy Commission, as set forth in Title 10, Chapter 1, Part 20 - Standards for Protection Against Radiation, as amended, and all applicable regulations of the State of New York.
(9) 
Heat. For the purposes of this section, "heat" is defined as thermal energy of a radioactive, conductive or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 5° Fahrenheit, whether such change be in the air or on the ground, in a natural stream or lake or in any structure on such adjacent property.
(10) 
Glare.
(a) 
Direct glare. "Direct glare" is defined for the purpose of this section as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent or arc lighting or from such high temperature process as welding or petroleum or metallurgical refining. No such direct glare shall be permitted with the exception that parking areas and walkways may be illuminated by luminaries so heeded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground. Such luminaries shall be placed not more than 16 feet above ground level, and the maximum illumination at ground level shall not be in excess of three footcandles.
(b) 
Indirect glare. "Indirect glare" is defined for the purpose of this section as illumination beyond property lines caused by diffuse reflection from a surface such as a walk or roof of a structure. Indirect glare produced by an illumination of a reflecting surface shall not exceed the following values:
[1] 
Three tenths footcandles (maximum).
[2] 
One tenth footcandles (average).
(c) 
Deliberately induced sky reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.
(11) 
Liquid or solid wastes. No discharge of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission or dangerous or offensive elements shall be permitted at any point into any public sewer or stream, or into the ground, except when in accord with standards approved by the State and County Department of Health, Monroe County Pure Water Agency and local ordinances. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.
(12) 
Any other nuisance harmful to person or property is prohibited.
(13) 
Any other condition or criteria which may be appropriate to the particular use or parcel.
The following regulations shall apply to all commercial and industrial districts:
A. 
All construction and all new uses in each such district, or changes in use, shall be subject to site plan approval by the Planning Board in accordance with the procedures established in § 140-43, except that, if the applicant can prove to the Planning Board prior to application for the preliminary site plan approval that the change in use or overall facilities will not be significant, the Planning Board shall have the power to waive the necessity for further site plan review.
[Amended 8-11-1987 by L.L. No. 2-1987]
B. 
Size of lot. The minimum width of a lot shall be 200 feet, and the minimum area 40,000 square feet.
C. 
Setbacks. For all buildings, structures and parking areas not abutting a major road, the minimum front setback shall be 70 feet, and the minimum rear and side setbacks shall be 30 feet, except that, where a lot in any commercial or industrial district abuts a lot in a residential district, the side and rear setback for any business, commercial or industrial district on said abutting line shall be at least 40 feet from the property line. A buffer area consisting of embankments, trees, shrubs, plantings or fences shall be erected along said property line as a condition of site plan approval by the Planning Board.
[Amended 4-9-1985 by L.L. No. 2-1985]
D. 
Lot coverage. All buildings and structures, including accessory buildings, shall cover not more than 25% of the lot area.
E. 
Building height limit. No building shall be erected to a height in excess of 40 feet.
F. 
Off-street parking and loading.
(1) 
Off-street parking spaces for nonresidential buildings and facilities shall be provided in accordance with the following standards:
(a) 
Retail stores. Parking will be provided to the extent of three times the floor area devoted to sales, and in no case shall less than five parking spaces be provided for each individual store, exclusive of parking facilities for the employees of the store.
(b) 
Offices. Medical and dental offices shall provide one parking space for each 150 square feet of net floor area. All other offices shall provide one parking space for each 200 square feet of net floor area. "Net floor area" is defined as total floor area of the building less permanent concourses, stairs and equipment servicing the entire building.
[Amended 5-3-1993 by L.L. No. 1-1993]
(c) 
Restaurants shall provide customer parking at the rate of one space for each three seats of restaurant capacity, plus one space for each employee working during the maximum employment shift.
(d) 
Hotels, motels and lodging houses shall provide one space for each transient unit, plus one space for each employee at maximum employment.
(e) 
Any uses not falling into any of the above categories shall still provide sufficient off-street parking to cover their peak requirements. The exact figure will be established by the Planning Board in its site plan review and will be based upon maximum employment and visitation. In general, this will require one space for each two employees, plus enough space for visitors. In the case of commercial activities, one space for each 1.5 customers is adequate.
(2) 
Required off-street loading and unloading space.
(a) 
On the same premises with every building or structure or part thereof hereafter erected and occupied for the purpose of business, trade or industry, there shall be provided and maintained adequate space for loading and unloading of vehicles off the street. Such space shall have access to a public street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street or adjoining property.
(b) 
It shall be the applicant's responsibility to demonstrate to the Planning Board the basis upon which the number of such off-street loading and unloading spaces has been determined. Repetitious queuing of vehicles for such purposes shall be prima facie evidence of the inadequacy of such provision, and expansion shall be required as a condition of retention of the certificate of occupancy.
(3) 
All parking and loading spaces provided, along with their necessary driveways and passageways, shall be graded and drained as necessary to dispose of all surface water accumulation within the area and shall be surfaced with an asphaltic or portland cement binder pavement so as to provide a durable and dustless surface. Plans for such parking spaces are to be included with the plans for the construction of buildings and other structures and are to be presented to the Zoning Officer at the time application for zoning permits are to be filed. Such parking areas are to be kept free of obstructions and unsightly objects. Intersections of parking areas with sidewalks or street pavements must be made in an approved manner.
[Amended 8-11-1987 by L.L. No. 2-1987]