The following uses are permitted within the Retail Commercial District:

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.

Permitted uses shall be as follows:

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.

All uses permitted in §§ 140-33B and 140-35C.

Other uses oriented to the highway, such as motels, camper and trailer sales, bowling alleys and drive-in restaurants.

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.

Research and development laboratories.

Administrative, professional or executive offices.

Fabrication of paper products, such as but not limited to packaging materials, office and household supplies, stationery, etc.

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.

The processing and fabrication of metal products, such as but not limited to metal foil, sheet metal products and related metal fabrication.

The manufacture or remanufacture of machinery, machine parts, motor vehicle parts, electronic part components, tool and die products and associated machinery.

Welding and related welding activities.

Printing, publishing and bookbinding.

Motor vehicle sales, service and repair.

Construction equipment storage and repair.

Lumberyards.

The processing of foods.

Wholesale distribution of any of the above items and/or products.

The hazard of fire or explosion of other physical hazard to any adjacent building or property.

Appropriate fencing and/or screening of the parcel from adjacent residential premises, if any.

The provision for adequate off-street parking for all employees, guests, invitees and users of the property.

The grading, drainage, entrances and exits from existing roadways, traffic flows, landscaping and other related site improvements.

The location of loading and unloading areas and the screening of docks and storage areas.

The outside lighting of buildings, grounds and parking areas.

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.

Any other condition or criteria which may be appropriate to the particular use or parcel.

Offices for business, administrative, educational and professional entities and government offices.

Scientific research or experimental design and design and development of materials, methods or products, including engineering and laboratory research.

Light manufacturing, assembling, fabrication or packaging of products such as cloth, paper, leather, precious or semiprecious metals or stone.

Accessory uses and structures customarily incidental to a principal use, including but not limited to garages, pump houses and water towers.

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.

Public buildings and grounds, excluding maintenance, repair or outdoor storage facilities owned or operated by the Town of Clarkson for municipal use.

Completely enclosed public utility substations and uses.

Warehouse and distribution facilities not accessory to a principal use.

Printing, publishing and bookbinding.

The processing and fabrication of plastics and plastic products.

Electric and electronic components manufacture.

Light metal fabrication.

Metal products.

Tool and die operations and machine shops.

Day-care operations in the business of caring for dependents.

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.

Lot area: 60,000 square feet.

Lot width at right-of-way: 200 feet.

Lot depth: 300 feet.

Side setback:

Front setback:

Rear setback:

Building size will be determined by the requirements of the New York Fire Prevention and Building Code.

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.

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.

Screening, such as a soil berm, including natural plantings. Fence-type screening for these purposes will not be permitted.

Architecturally, the building structure will be designed to compliment the preexisting building structures adjacent to the district.

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.

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.

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.

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.

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.

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.

Vibration.

Noise.

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.

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.

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.

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:

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.

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.

Glare.

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.

Any other nuisance harmful to person or property is prohibited.

Any other condition or criteria which may be appropriate to the particular use or parcel.

Off-street parking spaces for nonresidential buildings and facilities shall be provided in accordance with the following standards:

Required off-street loading and unloading space.

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.