One one-family dwelling per lot.

Public library, public administrative and service buildings and public parks and playgrounds.

Accessory uses of structures and accessory structures, customarily incident to any uses permitted above.

Customary farming activities on premises which are primarily agricultural in use.

Accessory uses are permitted provided all of the following conditions are met:

Churches and other religious institutions.

Private or parochial nursery, elementary, or secondary schools.

Hospitals, convalescent or nursing homes, homes for the aged, or sanitariums.

Public utility or communications installations; except that telecommunications towers and accessory facilities or structures are permitted only in accordance with the procedures and standards set forth in §§ 120-63A and 120-64.

Recreation facilities operated by a membership club or association for use by members and not for profit.

Cemeteries.

One two-family dwelling per lot if both dwelling units are owned by a single owner.

Commercial stables and kennels.

Gravel mining.

Recreational structures such as hunting cabins.

Outside storage of commercial equipment and vehicles.

Accessory apartments.

Colleges or other institutions of higher learning, including dormitories, dining halls and other customary buildings and facilities.

Golf courses, country clubs or other similar recreational clubs.

Recreational facilities of charitable, not-for-profit organizations.

The same uses as are permitted in the R-20 District upon issuance of a special permit.

Multiple dwellings and accessory garages, subject to review and approval of site plans in accordance with § 120-69 and subject to the following conditions:

One single-family dwelling per lot.

Townhouse clusters and developments, accessory uses, accessory structures and recreational areas.

The same uses as are permitted in the R-20 District and the R-30 District upon issuance of a special permit.

The purpose of the Mixed Use Hamlet District is to permit the creation and construction of mixed use developments while maintaining the unique historic qualities and characteristics of the Town's hamlet area. All development must comply with the following principles of mixed use development:

The following uses are permitted in the Mixed Use Hamlet District and shall require site plan approval from the Planning Board. Uses shall be scaled as appropriate to be consistent with the size and location of a specific parcel and surrounding parcels or lots, including consideration of their architecture and landscaping. Such consistency of use, size, location and appearance shall be determined by the Planning Board.

Dissemination of excessive dust, smoke, observable gas or fumes, odor, noise, vibration or light beyond the immediate site of the building or buildings in which such use is conducted.

Menace to neighboring properties by reason of fire, explosion or other physical hazard, including radiation.

Harmful discharge of waste materials, including refuse and airborne or waterborne wastes.

Unusual traffic hazards or congestion.

The outside of all premises in the Mixed Use Hamlet District shall be kept free of all refuse, garbage, boxes, papers and all other waste material at all times. Such material shall be accumulated in adequate containers which shall be kept indoors or suitably screened. Waste containers, dumpsters, and roll-offs shall be located behind the front building line, preferably at or near the rear of the property. The Planning Board may require screening of any waste containers from any adjacent lots or roads.

For lots with any commercial uses, outside parking of more than one vehicle with no more than two axles, except during business hours of 6:00 a.m. to 12:00 midnight daily, shall be permitted only upon issuance of a special permit by the Planning Board in accordance with standards set forth in § 120-69. Vehicle parking may be within the front setback but shall not be permitted within the landscaped parking lot setback.

Outside storage stockpiles, racks, displays, outside storage of machinery or equipment, or outside storage or sales of merchandise, shall be permitted only upon issuance of a special permit by the Planning Board in accordance with the procedure set forth in § 120-69, and based upon location on the lot, visibility to other properties, and time duration that racks and displays are outside. The Planning Board may require screening of outside storage.

All equipment for the handling of material and processes shall be enclosed in a suitable building and not visible from adjacent properties or shall require a special permit by the Planning Board in accordance with the procedure set forth in § 120-69. HVAC units shall be located behind the front face of the building. The Planning Board may require roof-top HVAC units to be screened.

At any time a specific use originally permitted within this district, is to be changed so that it involves a separate, different and distinct use, process or product, change in use location within a parcel or a building addition or outside alteration with the exception of single-family dwellings, an application to the Planning Board may be required for approval of a new site plan and/or special permit, at which time the Planning Board may require that any and all phases of the operation which have become detrimental to the neighborhood be corrected. The Code Enforcement Officer is authorized to determine if the proposed changes meet the threshold for a new site plan or special permit based upon factors such as, but not limited to, the expected change in parking, traffic, wastes generated, noise, and any other changes to public health, safety and welfare. If not, this application requirement may be waived and the CEO shall retain documents such as a business plan which show what changes have been allowed. If the Code Enforcement Officer determines that site plan and/or special permit approval is required, the CEO will advise the applicant as to applicable procedures and requirements.

Changes to parking, lighting, grading, filling, excavating, drainage or other activity that have the potential to impact a neighboring property are prohibited except after site plan review and approval by the Planning Board.

In the case of a transfer of ownership, the new owner shall adhere to the conditions of the site plan or the prior operation. If a site plan does not exist or the proposed new operation does not match the prior operation, as determined by the Code Enforcement Officer, the new owner shall apply for a new site plan. Special permits do not carry over to a new owner so new owners must apply for a new special permit.

The Planning Board shall have the power to establish, determine and modify applicable provisions of the Mixed Use Hamlet District with regard to setbacks for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land and to facilitate the optimum use of streets, utilities and amenities that will benefit the Mixed Use Hamlet District and/or new development. New buildings shall not be permitted in the highway right-of-way. Setbacks shall be consistent with existing adjacent and nearby buildings and lots. Removal of existing buildings and/or combining lots shall not be used to reduce previously existing setbacks unless deemed appropriate by the Planning Board. Dimensional requirement flexibility shall not be used in a way that will degrade appearance and safety on those lots which have adequate space. Building and parking lot setbacks should approximate requirements in other districts on lots where the Planning Board deems such setbacks are appropriate.

No structure shall be greater than 35 feet in height, or larger than 10,000 gross square feet or a smaller area, as otherwise determined by the Planning Board.

With approval of a site plan by the Planning Board, a zero setback from the side property line(s) may be permitted within the Mixed Use Hamlet district where such conditions already exist at the time this MUH District Code section is approved, to help create a more compact development. Minimum setbacks shall be required to comply with all fire and building codes.

For new commercial uses, all landscaping proposed within the Mixed Use Hamlet District shall be subject to the review and approval of the Planning Board. Where space allows as determined by the Planning Board, parking lots and internal drives shall be set back from any public road by up to 20 feet of landscaped area, measured perpendicular to the road, whether lawn or maintained trees and shrubs. Broad areas of paving up to roads shall be avoided in favor of limited and specific driveway access.

New commercial projects shall have landscaping equal to a minimum expenditure of 1% of the total building cost or more at the discretion of the Planning Board. Landscaping shall be considered as any living plants, grading specific to landscaping such as planted berms, and surface covers like mulch and stone. Landscaping costs shall not include excavating, earthmoving, fill, grading or paving associated with normal requirements of building, cost of the landscaping design, or costs to install lawns. The landscaping plan shall be developed and approved by a professional landscaping consultant.

There shall be no unreasonably loud, disturbing and unnecessary noise created on the property. Prohibited noise includes the following acts, among others not listed here:

The current Commercial District within the Hamlet is rezoned to Mixed Use Hamlet District (MUH) and the Official Zoning Map and Zoning Ordinance of the Town of Rush are amended to reflect the aforesaid zoning changes for the properties.

This section shall take effect immediately.

All uses permitted in an R-20 District, subject to all of the conditions and requirements applying to uses permitted in such a district.

Mobile home parks subject to all of the provisions of Chapter 77, Mobile Home Parks, of the Code of the Town of Rush and subject to site plan review in accordance with § 120-69. Site plans for mobile home parks shall include provisions for safe and convenient vehicular and pedestrian access and circulation, including sidewalks, parking spaces in accordance with § 120-57, recreation space for residents of the site, landscaping and screening, and disposal of stormwater and sewage.

Townhouse clusters and developments.

Private garages attached or detached for the use of the occupants of the dwelling units.

Maintenance buildings for the development.

Parks, playgrounds, play areas and other recreational areas, such as rest rooms, bathhouses and club houses, which facilities are intended principally for the use of the residents of the development and their guests.

Retail and personal services businesses, offices and office buildings, and public uses.

Uses not specifically identified may be considered by the Planning Board if determined to be similar in nature and overall impact on the district, provided that no explicitly prohibited uses in this or any other part of the Town Code shall be permitted.

Farming. The following farming activities are permitted.

Multiple uses.

All proposed uses and developments, including building additions, within Commercial Districts shall be subject to site plan review in accordance with § 120-69 except as specifically exempted.

If a specific use originally permitted within a Commercial District is proposed to be changed to a separate, different and distinct use, process or product, or a change in use location within a parcel, application for a Site Plan must be made to the Planning Board for approval of the new use and conditions.

Changes to parking, lighting, grading, filling, excavating, drainage, or other activity that have the potential to impact a neighboring property are prohibited except after Site Plan review and approval by the Planning Board.

In the case of transfer of ownership, the new owner shall adhere to the conditions of the site plan. If a site plan does not exist or does not match the operation, the new owner shall apply for a new site plan.

If a specific use originally permitted within a Commercial District by a special permit is proposed to be changed to a separate, different and distinct use, process or product, or a change in use location within a parcel, application for a new special permit must be made to the Planning Board for approval of the new use and conditions. Special permits carry over through a transfer of ownership as long as the use remains unchanged and meets any conditions of the permit as determined by the Code Enforcement Officer.

Gasoline, diesel, and other fuel filling stations, provided that no such station shall be erected within 500 feet of any other gasoline filling station, as a precaution against fire and traffic hazards and traffic congestion.

Public utility or communications installations; except telecommunications towers and accessory facilities or structures which are permitted only in accordance with the procedures and standards set forth in §§ 120-64 and 120-69.

Cannabis retail dispensaries and cannabis on-site consumption establishments.

Bars, taverns and restaurants that serve alcohol. Liquor and other alcoholic beverage stores.

Other uses permitted with a special permit.

Uses not specifically listed above but deemed by the Planning Board to be similar in nature and compatible with the purposes of the Commercial District; provided, however, that in no event shall any explicitly prohibited use be allowed within the Town, whether in any Commercial District, or otherwise.

Dissemination of excessive dust, smoke, observable gas or fumes, odor, noise, vibration or light beyond the immediate site of the building or buildings in which such use is conducted.

Menace to neighboring properties by reason of fire, explosion or other physical hazard, including radiation.

Harmful discharge of waste materials, including refuse and airborne or waterborne wastes.

Unusual traffic hazards or congestion.

The outside of all premises in C Districts shall be kept free of all refuse, garbage, boxes, papers and all other waste material at all times. Such material shall be accumulated in adequate containers which shall be kept indoors or suitably screened. Waste containers, dumpsters, and roll-offs shall be located behind the front building line, preferably at or near the rear of the property, and screened from any residential properties. The Planning Board may require screening of any waste containers from any adjacent lots or roads.

Outside parking of vehicles. All elements of parking shall be part of the site plan approved by the Planning Board and shall follow Code requirements for off-street parking in § 120-57 Required off-street parking. Outside parking should not be within front, side and rear setbacks beyond business hours. Outside parking of vehicles or any other machinery or equipment for sale or display, shall be permitted only upon issuance of a special permit by the Planning Board in accordance with the procedure set forth in § 120-69, and may be within the front building setback but shall not be permitted within the landscaped parking lot setback.

Outside storage stockpiles, racks, displays, outside storage of machinery or equipment, or outside storage or sales of merchandise, shall be permitted only upon issuance of a special permit by the Planning Board in accordance with the procedure set forth in § 120-69, and based upon location on the lot, visibility to other properties, and time duration that racks, displays or other materials are outside. Long-term and overnight outside storage shall not be within front, side and rear setbacks. The Planning Board may require screening of outside storage.

All equipment for the handling of material and processes shall be enclosed in a suitable building and not visible from adjacent properties or shall require a special permit by the Planning Board in accordance with the procedure set forth in § 120-69. HVAC units shall be located behind the front face of the building. The Planning Board may require rooftop HVAC units to be screened.

Notwithstanding the provisions of § 120-19, side and rear setbacks adjacent to any residential district shall be a minimum of 75 feet, of which 20 feet thereof shall be used to create a screened buffer zone. Such screening shall require Planning Board approval, not be less than six feet in height and may be accomplished by deciduous and/or evergreen plantings or by a fence or masonry wall of acceptable design. All such buffers and screenings shall be properly and perpetually maintained by the owner or owners of the screened commercial property.

Parking lots and driveways.

Unloading space shall conform to § 120-58, Required off-street loading and unloading space. Loading docks and garage doors shall be located behind the front face of any primary building, and shall instead be located on the sides and rear of the building so that buildings present a clean attractive face to the road garage doors are permitted on the front of the primary building when used for customer vehicle entrances as with service stations, and for self-storage warehouses if the Planning Board deems that preferable to other options and to provide restaurant customer and wait staff access to outdoor seating.

Building architecture. The Planning Board shall include architectural considerations of buildings in a Commercial Zone, based on front, side, and rear elevations and renderings that shall be required for such buildings. The Planning Board may consider the types of exterior materials proposed for use and their appearances. The Planning Board shall consider the building purpose, and the location of the building relative to visibility from major roads and primary entrances to the Town, as some of the factors controlling the extent to which the building design may affect the area. The Planning Board may hire architectural consultants as it deems appropriate, and such fees incurred by the Rush Planning Board shall be paid by the applicant plus the current administrative fee. Buildings shall include key or access boxes for emergency access.

Landscaping.

Maximum building size. In addition to requirements of § 120-21, Maximum coverage, any building in a Commercial District shall not exceed 50,000 square feet gross floor area. Buildings larger than 50,000 square feet may be permitted at the discretion of the Planning Board with a special permit.

Building permit issuance. No building permit will be issued by the Building Inspector until all conditions that were included in the approved site plan have been completed on the final site plan map to the satisfaction of the Town Engineer and/or Planning Board, and the Planning Board chairperson has signed the final site plan.

No certificate of occupancy or certificate of completion for a building with an approved site plan shall be issued without site approval by Town Engineer for all conditions on the site plan and for building approval by the Building Inspector, unless a certified check to cover the full cost of the required improvements or a letter of credit to cover the full costs of the required improvements has been provided by developer/applicant. The amount shall be set by the Town Engineer. Any such letter of credit shall be satisfactory to the Planning Board, the Town Board and Town Attorney as to form, sufficiency and manner of execution. A period of one year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth within which required improvements must be completed.

Business, professional and executive offices and offices for nonprofit organizations, including, but not limited to, offices for attorneys, architects, engineers, surveyors and accountants, real estate and insurance agents and salespersons, but not including retail sales (except where the retail sale is substantially incidental to the primary use of the office), manufacturing or servicing of merchandise of any kind on the premises.

Uses for the treatment and care of human beings, including but not limited to medical and dental offices and clinics for physicians, osteopaths, dentists, chiropractors, chiropodists, podiatrists, opticians, optometrists and ophthalmologists, all excluding any overnight occupancy or overnight care.

Banks and lending institutions, including automatic teller machines and drive-in tellers provided such machines and drive-in facilities comply with the provisions of this chapter.

Employment agencies.

Artists' or performing arts studio; photography studio, excluding the sale or rental of photographic supplies or equipment.

Public or private membership clubs, lodges or fraternal organizations, neighborhood or community centers, YMCA or YWCA.

Barbershops, beauty shops, hair salons, laundromats, dry-cleaning pickup stations, and group instruction facilities such as dance, craft, music or art studios (including retail sales which are substantially incidental to the primary use of the salon, shop, station, facility or studio).

Public buildings and grounds.

Customary farming activities on premises which are primarily agricultural in use. However, no farm activities involving sawing, grinding, repairing, evaporating, processing of fruit and dairy products or similar activities shall be carried on, or structures devoted or used therefor, within 100 feet of any boundary line of such farm premises except in structures and at locations now existing and heretofore habitually used for such activities. No farm activities or structures therefor, other than such activities as cultivation and spraying, which produce objectionable odors, fumes, dust or noise shall be carried on within 300 feet of any boundary line of any agricultural premises; and no animals shall be pastured or otherwise kept in such a manner that they can cause physical damage to any adjoining property. Frontage in these areas may be used for the sale by a resident thereof of farm products grown on the premises. Permanent structures for such purposes must comply with the setback and other requirements of this chapter. Temporary movable structures may be placed and used for such purposes only after the receipt of a temporary use permit therefor, and on compliance with such reasonable terms and conditions as may be imposed.

Uses for the treatment, care and overnight boarding of animals provided that all such uses must at all times take place within a fully enclosed building and no more than 15 animals may be boarded overnight at any one time.

Similar uses to those listed above, which do not involve retail sales or services (except where the retail sale is substantially incidental to the primary use of the property), may be permitted subject to special use permit approval by the Town Planning Board and a finding by the Planning Board that such use is of the same general character as those permitted in this district and that such use, if permitted, will not cause adverse impacts or be detrimental to other uses within the district or to adjoining land uses.

Banks are permitted to have drive-in tellers and/or automatic teller machines provided that, in each instance, at least 10 reservoir spaces are provided for each drive-in teller's window or for each automatic teller machine. Automatic teller machines shall be located and screened so that, when the requirements of all state and federal laws are met, there is no overflow of light from the automatic teller machine or any access paths or drives onto any residential property. A lighting plan shall be submitted to the Planning Board showing the location, direction, power and time of use for any proposed outdoor lighting.

A restaurant, newsstand, pharmacy or accessory storage area incidental to a permitted principal use, but only when conducted and entered from within the building, and provided that no exterior display or advertising, other than permitted signage, is made of such use.

Off-street parking and loading areas, subject to the provisions of §§ 120-57 and 120-58 of this chapter.

Signs, subject to the provisions of Article III, Signs, of this chapter.

Residential uses within a structure in combination with other permitted uses, provided that such residential uses are accessory to the business conducted and are located elsewhere than on the street frontage of the ground floor and have a minimum area as required under § 120-17 of this chapter for R-MD Districts.

Fences, subject to the provisions of Chapter 58, Fences and Walls, of the Code of the Town of Rush.

Essential services and structures, excluding power plants, maintenance yards, storage yards; provided, however, that for purposes hereof, "essential services and structures" shall in no event be construed to mean, be, or include natural gas and/or petroleum extraction activities, natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facility, natural gas and/or petroleum exploration, extraction or production wastes dump, a natural gas compression facility, a natural gas processing facility, or any other explicitly prohibited uses.

Bed-and-breakfast inns.

Nursery schools or day-care centers or similar uses.

Hospitals, nursing homes, proprietary homes, health clinics or similar uses.

Telecommunications towers and accessory facilities or structures provided that, in addition to § 120-69 of this chapter, any special permit shall only issue in accordance with § 120-64 of this chapter.

The following uses shall be prohibited in RB Restricted Business Districts: power plants; maintenance yards; storage yards; retail sales and services; warehouses; commercial parking lots and garages; fuel oil and motor fuel storage, dispensing, and/or sale facilities; facilities for the rental, leasing, sale, servicing and/or exchange of motorized vehicles of any type or character; any type of drive-through facilities (except drive-through bank teller facilities and ATM facilities); and any and all uses not specifically permitted by virtue of Subsection A, B, or C of this § 120-13.

No land, building or premises may be used in any way which will cause or result in:

All proposed uses or developments in a Restricted Business (RB) District shall be subject to site plan review in accordance with § 120-69 of this chapter.

The outside of all premises in Restricted Business (RB) Districts shall be kept free of all refuse, garbage, boxes, papers and all other waste material at all times. Such material shall be accumulated in adequate securely closed containers which shall be kept indoors or suitably screened from view from all streets and adjoining properties.

Outside parking of vehicles or any other machinery or equipment, except during business hours, shall be permitted only upon issuance of a special permit by the Planning Board in accordance with the procedures and standards set forth in § 120-69 of this chapter.

There shall be no outside storage of material, raw, processed or partially processed, in bulk or packaged, except during actual construction on the site. There shall be no outside stockpiles or storage racks or display, storage or sale of merchandise.

All equipment for the handling of material and processes shall be enclosed in a suitable building and not visible from any streets or adjacent properties.

Notwithstanding the provisions of § 120-19 of this chapter, side and rear setbacks adjacent to any residential district shall be a minimum of 75 feet, of which 20 feet thereof shall be used to create a screened buffer zone. Such screening shall not be less than four feet in height and may be accomplished by deciduous and/or evergreen plantings or by a fence or masonry wall of acceptable design. All such buffers and screenings shall be properly maintained by the owner or owners of the screened restricted business property.

In order to prevent strip-type development, to produce more harmonious appearance and to promote public safety by reducing access cuts to and from public highways, all development which occurs on more than one approved lot must take place in areas which have a minimum frontage on public highways of 400 feet and a minimum size of 10 acres. Ownership need not be in one owner, but adjacent owners similarly zoned may apply jointly if their aggregate holdings meet those requirements and agree to a coordinated development plan. Adjacent property owners will be required to give mutual easements for vehicular traffic across their properties to permit vehicles to get to limited points of access to and from public highways. The number of accessways in connection with such development shall be subject to the review and approval of the Planning Board in addition to the regulation of any other applicable governmental authority.

Accessways to control ingress and egress of motor vehicles shall be regulated as required in § 120-69 of this chapter and shall be clearly and visibly marked by such signage as the Planning Board may require.

Landscaping and buffering shall be provided in accordance with the requirements of § 120-69 of this chapter, and, when applicable, Subsection E(6) of this subsection.

All utilities serving business uses in this district in facilities constructed, expanded, or substantially renovated or reconstructed after the effective date of this chapter shall be placed underground.

The design of structures must be of uniform architectural style and treatment, and shall be in harmony with other development on the same property and on neighboring properties and with environmental factors. Signs should be of a uniform style in both lettering and design. Clear, legible directional signing is encouraged.

Hours of operation. No use, except approved automatic teller machines, may operate or accept deliveries, nor may a truck or other machinery be operated on the premises of any use, earlier than 7:00 a.m. nor later than 10:00 p.m. on Sunday through Thursday nor earlier than 7:00 a.m. nor later than 11:00 p.m. on Friday and Saturday.

Noise-generating equipment. All air-handling equipment or other noise-generating equipment shall be located a minimum of 10 feet from any property line along a residential district and shall be screened as necessary, in opinion of the Building Inspector, the Planning Board or the Architectural Review Board, to prevent noise intrusion onto or visibility from adjacent residential properties and adjacent rights-of-way. At the property boundary, noise generated by such equipment shall not be loud enough to interfere with the use and employment of adjacent residential property.

Lighting. All lighting shall be designed to eliminate light overflow onto adjacent residential properties. Any signage, building or parking lighting not necessary for security purposes shall be placed on automatic timing devices which allow illumination to commence each day 1/2 hour before the business is open to the public and to terminate 1/2 hour after the close of business.

The following uses are permitted, subject to the limitations specified in Subsection A(2) and (3) below:

Required reviews. Each use in Industrial Districts shall be subject to review and shall be permitted only upon approval of its site plan and issuance of a special permit by the Planning Board in accordance with the procedure and standards set forth in § 120-69.

No explicitly prohibited uses. In no event shall any explicitly prohibited uses be allowed within the Town, whether in any I (Industrial) District, or otherwise.

Dissemination of dust, smoke, observable gas or fumes, odor, noise, vibration or excessive light beyond the immediate site of the building or buildings in which such use is conducted.

Menace by reason of fire, explosion, or other physical hazard, including radiation.

A harmful discharge of waste materials, including refuse matter and airborne or waterborne wastes.

Unusual traffic hazards or congestion due to the type and number of vehicles required.

Outside parking of vehicles or any other machinery or equipment, except during business hours, shall be permitted only upon issuance of a special permit by the Planning Board in accordance with the procedures and standards set forth in § 120-69.

There shall be no outside storage of material, raw, processed or partially processed, in bulk or packages, except during actual construction on the site. There shall be no outside stockpiles or storage racks.

All equipment for the handling of material and processes shall be enclosed in a suitable building.

All waste, scrap, refuse, empty containers, drums, bottles and cartons shall be stored in suitable closed containers screened from view from adjacent properties.

Notwithstanding the provisions of § 120-19, side and rear setbacks adjacent to any residential district shall be a minimum of 75 feet, of which 20 feet thereof shall be used to create a screened buffer zone. Such screening shall not be less than four feet in height and may be accomplished by deciduous and/or evergreen plantings or by a fence or masonry wall of acceptable design. All such buffers and screenings shall be properly maintained by the owner or owners of the screened industrial property.

The following uses and their accessory uses are permitted after site plan review by the Planning Board to determine conformance with the intent of this section:

Retail and service-type commercial businesses with the following stated limitations and after site plan review by the Planning Board to determine conformance with the intent of this section: These commercial uses are permitted but are limited to no more than 30% of the land area in a Limited Industrial District. For determining the percentage of land area, the Building Inspector or Code Enforcement Officer shall base the calculation on the land area of all parcels or lots with the below-listed commercial uses divided by total land area of that one contiguous LI District. For lots with more than one separate and distinctly different use by different companies (regardless of lot and building ownership), that lot land area shall be proportioned to those different uses by building area associated with those different companies. There shall be no attempt to split out functions within the same company. For example, if a building includes both a manufacturing area and a warehouse area for the same business and products, that whole building would be counted as the single primary objective of manufacturing. In all cases, warehousing shall be primarily for the temporary storage of the business's manufactured products for sale. Similarly, offices of the same manufacturing business would not be split out, since offices only support the primary business function of manufacturing. Whether or not a proposed use fits within any percentage of land area limit shall be calculated on a first-come-first-served basis based on what is currently known about parcel uses.

Farming. The following farming activities are permitted and are not subject to commercial percentage of land area limitations:

Multiple uses.

All proposed uses or developments, including building additions, in a Limited Industrial District shall be subject to site plan review in accordance with § 120-69, except as specifically exempted.

If a specific use originally permitted within a Limited Industrial District is proposed to be changed to a separate, different and distinct use, process or product or change in use location within a parcel, application must be made to the Planning Board for a new site plan and/or special permit for approval of the new use and conditions.

Changes to parking, lighting, grading, filling, excavating or drainage that have the potential to impact a neighboring property are prohibited except after site plan review and approval by the Planning Board.

In the case of a transfer of ownership, the new owner shall adhere to the conditions of the site plan. If a site plan does not exist or does not match the operation, the new owner shall apply for a new site plan. Special permits do not carry over to a new owner, so new owners must apply for a new special permit.

Uses not specifically listed above but deemed by the Planning Board to be similar in nature and compatible with the purposes of the Limited Industrial District; provided, however, that in no event shall any explicitly prohibited use be allowed within the Town, whether in any LI (Limited Industrial) District, or otherwise.

Self storage or mini-warehouse facilities with the following conditions:

Distribution centers with the following conditions:

Telecommunications towers and accessory facilities or structures which are permitted only in accordance with the procedures and standards set forth in §§ 120-64 and 120-69.

Sexually oriented businesses as regulated under Chapter 91, Sexually Oriented Businesses, of the Code of the Town of Rush.

Dissemination of dust, smoke, observable gas or fumes, odor, noise, vibration or excessive light beyond the immediate site of the building or buildings in which such use is conducted.

Menace to neighboring properties by reason of fire, explosion or other physical hazard, including radiation.

Harmful discharge of waste materials, including refuse and airborne or waterborne wastes.

Unusual traffic hazards or congestion.

Outside parking of vehicles, except during business hours of 7:00 a.m. to 12:00 midnight daily, shall be permitted only upon issuance of a special permit by the Planning Board in accordance with the procedure set forth in § 120-69. Outside parking should not be within front, side and rear setbacks. Outside parking of vehicles or any other machinery or equipment for sale, display or service shall be permitted only upon issuance of a special permit by the Planning Board in accordance with the procedure set forth in § 120-69 and may be within the front setback but shall not be permitted within the landscaped parking lot setback.

Outside storage stockpiles, racks, or displays, outside storage of machinery or equipment, or outside storage or sales of merchandise shall be permitted only upon issuance of a special permit by the Planning Board in accordance with the procedure set forth in § 120-69 and based upon location on the lot, visibility to other properties, and time duration that racks and displays are outside. Long-term and overnight outside storage shall not be within front, side and rear setbacks. The Planning Board may require screening from residential lots and any other adjacent lots.

All equipment for the handling of material and processes shall be enclosed in a suitable building or shall require a special permit by the Planning Board in accordance with the procedure set forth in § 120-69.

All waste, scrap, refuse, empty containers, drums, bottles and cartons shall be stored in suitable closed containers. Waste containers, dumpsters, and roll-offs shall be located behind the front building line and screened from any residential properties. The Planning Board may require screening of any waste containers from any adjacent lots or roads.

Notwithstanding the provisions of § 120-19, side and rear setbacks adjacent to any residential district shall be a minimum of 75 feet, of which 20 feet thereof shall be used to create a screened buffer zone. Such screening shall not be less than six feet in height and may be accomplished by deciduous and/or evergreen plantings or by a fence or masonry wall of acceptable design. All such buffers and screenings shall be properly and perpetually maintained by the owner or owners of the screened limited industrial or commercial property.

Parking lots and driveways.

Unloading space shall conform to § 120-58, Required off-street loading and unloading space. Loading docks and garage doors shall be located behind the front face of any primary building, and shall instead be located on the sides and rear of the building so that buildings present a clean, attractive face to the road. Garage doors are permitted on the front of the primary building when used for customer vehicle entrances, as with service stations, and for distribution centers and self-storage warehouses if the Planning Boards deems that preferable to other options.

Building architecture. The Planning Board shall include architectural considerations of buildings in a Limited Industrial Zone, based on front, side, and rear elevations and renderings that shall be required for such buildings. The Planning Board may consider the types of exterior materials proposed for use and their appearances. The Planning Board shall consider the building purpose and the location of the building relative to visibility from major roads and primary entrances to the Town as some of the factors controlling the extent to which the building design may affect the area. The Planning Board may hire architectural consultants as they deem appropriate, and such fees incurred by the Rush Planning Board shall be paid by the applicant, plus the current administrative fee.

Landscaping.

Maximum building size. In addition to the requirements of § 120-21, Maximum coverage, any building in a Limited Industrial District shall not exceed 50,000 square feet gross floor area. Buildings larger than 50,000 square feet may be permitted at the discretion of the Planning Board with a special permit.

This procedure shall be applicable only in the R-20 and R-30 Districts, and its application shall result in a permitted number of dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the conventional minimum lot size and density requirement of the respective district.

An average density development subdivision plat or site plan may be approved only if the Planning Board determines:

The developer shall designate for open space purposes the same percentage of the entire tract as that by which the lot area has on the average been reduced, but in no case shall the area designated for open space be less than 10% of the total acreage.

The area designated for open space purposes, including playgrounds and parks, shall be in a location and shape approved by the Planning Board.

Single-family dwellings in average density developments shall comply with all zoning requirements of the districts in which they are situated, except insofar as such requirements are modified by the specific requirements set forth in this section.

At the discretion of the Planning Board, the dwelling units may be detached, semidetached or attached structures.

For the purpose of administering this regulation, the following method shall be used for determining the maximum number of dwelling units that shall be permitted in an average density development:

The sizes of lots for single-family dwellings in an average density development may vary from the normal requirements as follows:

Lot widths and side yards may vary in accordance with the following standards:

Land reserved for open space shall, in the judgment of the Planning Board, be of a character and location suitable for whatever open space purposes the land shall primarily be reserved for, such as a natural area, wildlife preserve, conservation area, outdoor recreation site, neighborhood park, nature center, wetland, memorial forest, natural watercourse, or other open space use. The Planning Board may require that the open space be located at a suitable place on the edge of the subdivision or site so that additional land may be added at such time as the adjacent land is subdivided. Reserved open space shall have access on one or more streets. Reserved open space shall not be narrower than 200 feet except where necessary to provide a pathway or other means of access. An easement for a natural watercourse dedicated to the Town may be considered an open space for the purpose of this regulation if such easement is at least 200 feet wide.