A.
Permitted uses. The following uses shall be permitted
in the R-20 Residential Districts:
[Amended 6-25-2003 by L.L. No. 3-2003; 3-10-2004 by L.L. No.
3-2004]
(1)
One one-family dwelling per lot.
(2)
Public library, public administrative and service
buildings and public parks and playgrounds.
(3)
Accessory uses of structures and accessory structures,
customarily incident to any uses permitted above.
(4)
Customary farming activities on premises which are
primarily agricultural in use.
[Amended 6-9-2022 by L.L. No. 5-2022]
(a)
Cultivation and spraying may take place up to the boundary line of any agricultural premises, so long as it is preformed following current New York State DEC guidelines. Structures now existing which have heretofore habitually been used for farming activities, including sawing, grinding, refining, or processing agricultural products, may continue to be used for those activities. Any new structure for farming activities shall comply with the setback requirements of Chapter 120. Any building housing a commercial livestock operation shall also comply with the setback requirements of Chapter 120. No animals shall be pastured or otherwise kept in such a manner that they can cause physical damage to any adjoining property.
(b)
Farm stands. Frontage may be used for the sale of farm products principally grown by that farming operation. Permanent structures for such purposes must comply with the setback and other requirements of this Chapter 120, including required off-street parking for indoor retail and suitable access drives, except that the surface requirement in § 120-57B shall not apply to farm stand parking areas. Temporary movable structures may be placed and used for such purposes under the following conditions:
[1]
Farm stands shall not exceed 500 square feet of floor area;
[2]
Farm stands shall be set back 24 feet from the centerline of the
roadway;
[3]
There is safe access to and from the highway and does not require
backing up into or from any public road; and
[4]
All temporary farm stands shall be removed after the seasonal use
of the structure.
(5)
Accessory uses are permitted provided all of the following
conditions are met:
(a)
The use shall be conducted entirely within the
dwelling and carried on only by the inhabitants thereof. No nonresident
employees are permitted.
(b)
The accessory use shall not occupy more than
25% of the gross floor area of the residence used for that use.
(c)
The use shall be clearly incidental and secondary
to the use of the dwelling for residential purposes. The exterior
appearance of the dwelling shall not be altered.
(d)
There shall be no exterior advertising, storage,
display or other indications of an accessory use on the premises other
than a sign as permitted by § 120-28A(5).
(e)
The accessory use shall not create greater vehicle
or pedestrian traffic than normal for the district and neighborhood
in which it is located.
(f)
No use shall create noise, dust, vibration,
smell, smoke, glare, electrical interference, fire hazard or any other
nuisance to any greater extent than that is usually experienced in
an average residential occupancy under normal circumstances where
no accessory use exists.
B.
Uses permitted upon issuance of a special permit by the Planning Board. The following uses shall be subject to review and approval by the Planning Board in accordance with the procedure and standards set forth in § 120-69:
[Amended 2-14-1997 by L.L. No. 1-1997; 5-13-1998 by L.L. No. 1-1998; 6-25-2003 by L.L. No.
3-2003; 8-28-2013 by L.L. No. 3-2013; 6-9-2022 by L.L. No. 5-2022; 4-26-2023 by L.L. No. 4-2023]
(1)
Churches and other religious institutions.
(2)
Private or parochial nursery, elementary, or secondary
schools.
(3)
Hospitals, convalescent or nursing homes, homes for
the aged, or sanitariums.
(5)
Recreation facilities operated by a membership club
or association for use by members and not for profit.
(6)
Cemeteries.
(7)
One two-family dwelling per lot if both dwelling units
are owned by a single owner.
(8)
Commercial stables and kennels.
(9)
Gravel mining.
(10)
Recreational structures such as hunting cabins.
(11)
Outside storage of commercial equipment and
vehicles.
(12)
Accessory apartments.
A.
Permitted uses. The same uses as are permitted in
the R-20 District shall be permitted in the R-30 and RR-5 Residential
Districts.
[Amended 3-10-2004 by L.L. No. 3-2004]
B.
Uses permitted upon issuance of a special permit by the Planning Board. The following uses shall be subject to review and approval by the Planning Board in accordance with the procedure and standards set forth in § 120-69:
(1)
Colleges or other institutions of higher learning,
including dormitories, dining halls and other customary buildings
and facilities.
(2)
Golf courses, country clubs or other similar recreational
clubs.
(3)
Recreational facilities of charitable, not-for-profit
organizations.
(4)
The same uses as are permitted in the R-20 District
upon issuance of a special permit.
A.
Permitted uses. The following uses shall be permitted
in the R-MD Residential Districts:
[Amended 3-10-2004 by L.L. No. 3-2004]
(1)
Multiple dwellings and accessory garages, subject to review and approval of site plans in accordance with § 120-69 and subject to the following conditions:
(a)
Each multiple-dwelling site shall be of sufficient
size to meet the lot area, setback, yard, parking, and other requirements
of this chapter.
(2)
One single-family dwelling per lot.
A.
Permitted uses. The following uses shall be permitted
in the R-MH Residential Districts:
[Amended 3-10-2004 by L.L. No. 3-2004]
(1)
All uses permitted in an R-20 District, subject to
all of the conditions and requirements applying to uses permitted
in such a district.
(2)
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.
The purpose of a Townhouse Residential District
is to permit, where appropriate, the construction and development
of townhouses so as to provide a variety of housing types, encourage
innovation in design and development, conserve open space ancillary
to said dwellings and protect areas which have or may be partially
developed by townhouses from incompatible uses. At the same time the
Town does not desire such a large scale development of such units
that large areas of the Town become so devoted to such use that one-family
residences would appear out of place. Accordingly, areas shall be
zoned as an R-TH District only upon application for a specific proposal.
A.
Permitted uses. The following uses shall be permitted
in the R-TH Residential Districts:
[Amended 3-10-2004 by L.L. No. 3-2004]
(1)
Townhouse clusters and developments.
(2)
Private garages attached or detached for the use of
the occupants of the dwelling units.
(3)
Maintenance buildings for the development.
(4)
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.
C.
All open spaces and/or community facilities which
are a part of a townhouse development shall be attractively and regularly
maintained, in order to effectively ensure such maintenance, the applicant
for the approval of a townhouse development shall submit to the Planning
Board for its review and approval a proposed written plan which, when
finalized, shall be recorded in the Monroe County Clerk's office.
Such plan shall detail provisions as to the ownership of such areas
and facilities, rights and responsibilities of the residents, method
of assessing dues, if any, and means of enforcement.
D.
Telecommunications towers and accessory facilities or structures are permitted only upon the issuance of a special permit by the Planning Board in accordance with the procedures and standards set forth in §§ 120-64 and 120-69.
[Added 2-14-1997 by L.L. No. 1-1997; amended
5-13-1998 by L.L. No. 1-1998]
A.
Permitted uses. The following uses shall be permitted
in the Commercial (C) Districts:
[Amended 3-10-2004 by L.L. No. 3-2004]
(1)
Retail and personal services businesses, offices and
office buildings.
B.
Uses permitted upon issuance of a special permit by the Planning Board. The following uses shall be subject to review and approval by the Planning Board in accordance with the procedure and standards set forth in § 120-69:
(1)
Gasoline 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.
(3)
Cannabis
retail dispensaries and cannabis on-site consumption establishments.
[Added 7-12-2023 by L.L. No. 5-2023]
D.
Site plan review. All proposed developments within C Districts shall be subject to site plan review in accordance with § 120-69.
E.
General provisions.
(1)
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.
(2)
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 time procedure and standards set forth in § 120-69.
(3)
There shall be not 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 stock piles
or storage racks or display, storage or sale of merchandise.
(4)
All equipment for the handling of material and processes
shall be enclosed in a suitable building and not visible from adjacent
properties.
(5)
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 commercial property.
F.
Permits. No permit shall be issued for construction
or use until the applicant has met with the Board of Appeals for a
review of the Zoning Law and its requirements as it pertains to the
Commercial (C) Districts. No residential structure shall be erected
in a Commercial (C) District without a special permit from the Planning
Board after notice and public hearing.
[Added 9-8-1999 by L.L. No. 1-1999]
The intent in creating Restricted Business Districts
is to provide areas for the location of professional and administrative
offices, service uses and related activities in a setting which is
attractive and convenient for public use while establishing employment
opportunities and broadening the tax base. This district is intended
to act as a buffer between residential areas and more intensively
used commercial, limited industrial and industrial areas.
A.
Permitted principal uses. The following uses and their
accessory uses are permitted after review by the Planning Board to
determine their conformance with the intent of this section:
(1)
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.
(2)
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.
(3)
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.
(4)
Employment agencies.
(5)
Artists' or performing arts studio; photography studio,
excluding the sale or rental of photographic supplies or equipment.
(6)
Public or private membership clubs, lodges or fraternal
organizations, neighborhood or community centers, YMCA or YWCA.
(7)
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).
(8)
Public buildings and grounds.
(9)
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.
(10)
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.
(11)
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.
B.
Permitted accessory uses. The following uses, occupancies, tenancies, or structures which are solely incidental to the principal use or occupancy of a building permitted by Subsection A above or pursuant to Subsection C below and which is attached to the main building or is located on the same premises shall be permitted accessory uses:
(1)
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.
(2)
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.
(5)
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.
C.
Uses permitted upon issuance of a special permit by the Planning Board. The following uses shall be subject to review and approval by the Planning Board in accordance with the procedure and standards set forth in § 120-69:
(1)
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.
(2)
Bed-and-breakfast inns.
[Amended 3-10-2004 by L.L. No. 3-2004]
(3)
Nursery schools or day-care centers or similar uses.
(4)
Hospitals, nursing homes, proprietary homes, health
clinics or similar uses.
D.
Prohibited uses.
(1)
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.
[Amended 8-28-2013 by L.L. No. 3-2013]
(2)
No land, building or premises may be used in any way
which will cause or result in:
(a)
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.
(b)
Menace by reason of fire, explosion or other
physical hazard, including radiation.
(c)
Harmful discharge of waste materials, including
refuse and airborne or waterborne wastes.
(d)
Unusual traffic hazards or congestion.
E.
General provisions.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(10)
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.
(11)
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.
(12)
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.
(13)
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.
(14)
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.
F.
Permits. No permit shall be issued for construction
or use until the applicant has met with the Planning Board for a review
of the Zoning Law and its requirements as it pertains to the Restricted
Business (RB) Districts.
A.
Permitted uses.
(1)
(2)
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.
(3)
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.
B.
Prohibited uses. No use of land, buildings or premises
shall be permitted which by reason of its nature or manner of operation
is causing or will cause or result in:
(1)
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.
(2)
Menace by reason of fire, explosion, or other physical
hazard, including radiation.
(3)
A harmful discharge of waste materials, including
refuse matter and airborne or waterborne wastes.
(4)
Unusual traffic hazards or congestion due to the type
and number of vehicles required.
C.
General provisions.
(1)
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.
(2)
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.
(3)
All equipment for the handling of material and processes
shall be enclosed in a suitable building.
(4)
All waste, scrap, refuse, empty containers, drums,
bottles and cartons shall be stored in suitable closed containers
screened from view from adjacent properties.
(5)
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.
D.
Permits. No permit shall be issued for construction
or use until the applicant has met with the Board of Appeals for a
review of the Zoning Law and its requirements as it pertains to Industrial
Districts. No residential structure shall be erected in any Industrial
District.
The purpose of a Limited Industrial District
is to permit, where appropriate, the construction of facilities for
research and development oriented industries and high technology and/or
light manufacturing operations and business and professional offices.
Areas for this zoning shall be identified by the Town Board or upon
application. Areas shall be zoned as Limited Industrial Districts
in accordance with the normal rezoning procedures. In researching
its decision, the Town Board shall consider the general criteria set
forth in this chapter, the current Comprehensive Plan for the Town,
and this statement of purpose.
A.
Permitted uses.
(1)
The following uses and their accessory uses are permitted
after review by the Planning Board to determine conformance with the
intent of this section:
(a)
Scientific or engineering research and/or experimental
development of materials, methods or products.
(b)
Engineering design of products
(d)
Light manufacturing, assembling, fabricating
or packaging of products produced from previously prepared materials
such as textiles, plastics, paper, leather, precious or semiprecious
metals or stones, glass, ceramics, base metal bar, sheet and special
shapes.
(e)
Testing and repairing of the products or type
of products which may be manufactured in the district.
(f)
Support services for the facilities and employees
of the district.
(g)
Offices for professional, executive, engineering
and administrative purposes. However, no more than 45% of the land
area in a Limited Industrial District may be used for such purposes.
(h)
Retail and service-type commercial businesses,
except cannabis retail dispensaries and cannabis on-site consumption
establishments. However, no more than 5% of the land area in a Limited
Industrial District may be used for such purposes.
[Amended 7-12-2023 by L.L. No. 5-2023]
(2)
If a specific use originally permitted within a Limited
Industrial District is proposed to be changed to a separate, different
and distinct use, application must be made to the Planning Board for
a new determination of conformance, at which time the Board may require
that any and all phases of the operation which have become detrimental
to the neighborhood be corrected.
B.
Special permit. The following uses and their accessory uses shall be permitted upon issuance of a special permit by the Planning Board in accordance with § 120-69:
[Amended 2-14-1997 by L.L. No. 1-1997; 5-13-1998 by L.L. No.
1-1998; 6-10-1998 by L.L. No. 2-1998; 3-10-2004 by L.L. No.
3-2004; 8-28-2013 by L.L. No. 3-2013]
(1)
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, except cannabis retail dispensaries
and cannabis on-site consumption establishments; 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.
[Amended 7-12-2023 by L.L. No. 5-2023]
(2)
Distribution centers with the following conditions:
(a)
The minimum lot area shall be two acres.
(b)
No more than 25% of the land area in each Limited
Industrial District may be used for such purpose.
(c)
Any vehicle or equipment repairs and service,
including washing, shall be conducted within an enclosed building,
except for fuel dispensing.
(d)
Any outside storage of vehicles shall be screened
from any adjacent site.
(e)
The loading and unloading space must be of sufficient
size to accommodate the numbers and types of vehicles that are likely
to use this area, given the nature of the proposed use.
(f)
No area allocated to loading and unloading facilities may be used to satisfy the area requirements for off-street parking as specified in § 120-57, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities.
(g)
Loading and unloading area shall be so located
and designed that the vehicles intended to use them can maneuver safely
and conveniently to and from a public right-of-way.
(h)
There shall be no retail uses associated with
the distribution center.
C.
Site plan review. All proposed uses or developments in a Limited Industrial District shall be subject to site plan review in accordance with § 120-69.
D.
Prohibited activities. No land, building or premises
may be used in any way which will cause or result in:
(1)
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.
(2)
Menace to neighboring properties by reason of fire,
explosion or other physical hazard, including radiation.
(3)
Harmful discharge of waste materials, including refuse
and airborne or waterborne wastes.
(4)
Unusual traffic hazards or congestion.
E.
General provisions.
(1)
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 procedure set forth in § 120-69.
(2)
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.
(3)
All equipment for the handling of material and processes
shall be enclosed in a suitable building.
(4)
All waste, scrap, refuse, empty containers, drums,
bottles and cartons shall be stored in suitable closed containers.
(5)
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.
A.
The total minimum gross floor area or total minimum
floor space of any main building hereafter erected or placed on any
premises in any district shall conform to the following schedule:
|
District
|
Total Minimum Gross Floor Area
| |
|---|---|---|
|
R-20
|
1,000 square feet
| |
|
R-30
|
1,200 square feet
| |
|
RR-5
|
1,200 square feet
| |
|
R-MH
|
600 square feet
| |
|
R-MD
|
750 square feet (per unit)
| |
|
R-TH
|
1,000 square feet (per unit)
| |
|
R-20, R-30, R-MD Townhouses
|
1,000 square feet (per unit)
|
|
District
|
Total Minimum Floor Space
| |
|---|---|---|
|
C
|
1,600 square feet
| |
|
I
|
2,500 square feet
| |
|
LI
|
2,500 square feet
| |
|
RB
[Added 9-8-1999 by L.L. No. 1-1999] |
1,600 square feet
|
B.
The maximum height of any building in any district
shall be 35 feet.
C.
NOTE: The total minimum gross floor area, total minimum floor space or maximum height requirements contained in this section shall not apply to telecommunications towers and/or accessory facilities or structures constructed in accordance with the procedures and standards set forth in § 120-64.
[Added 2-14-1997 by L.L. No. 1-1997; amended
5-13-1998 by L.L. No. 1-1998]
[Amended 2-14-1997 by L.L. No. 1-1997; 5-13-1998 by L.L. No. 1-1998]
A.
Requirements.
|
District
|
Minimum Area
|
Minimum Width
|
Minimum Depth
|
Minimum Front Lot Line
| |
|---|---|---|---|---|---|
|
R-MD
|
5,500 sq. ft. per dwelling unit; total area
not less than 2 acres
|
150 ft.
|
200 ft.
|
50 ft.
| |
|
R-MH
|
10,000 sq. ft. per dwelling unit; total area
not less than 5 acres
|
60 ft.
|
100 ft.
|
35 ft.
| |
|
R-20
|
20,000 sq. ft.
|
100 ft.
|
200 ft.
|
50 ft.
| |
|
R-30
|
30,000 sq. ft.
|
150 ft.
|
200 ft.
|
50 ft.
| |
|
RR-5
|
5 acres
|
300 ft.
|
300 ft.
|
50 ft.
| |
|
R-TH
|
10,000 sq. ft. per dwelling unit; total area
not less than 1 acre
|
0
|
0
|
0
| |
|
C
|
1 acre
|
100 ft.
|
200 ft.
|
50 ft.
| |
|
I
|
1 acre
|
150 ft.
|
200 ft.
|
50 ft.
| |
|
LI
|
1 acre
|
150 ft.
|
200 ft.
|
50 ft.
| |
|
RB
[Added 9-8-1999 by L.L. No. 1-1999] |
1 acre
|
100 ft.
|
200 ft.
|
50 ft.
|
B.
NOTE: In some instances, if a lot is a minimum width,
the depth must be greater than the required minimum in order to meet
the area requirement. Similarly, in some instances, a lot of minimum
depth must have greater than minimum width.
[Amended 9-8-1999 by L.L. No. 1-1999; 11-23-2010 by L.L. No.
4-2010]
A.
In order to insure that structures shall be set back
adequately from highway rights-of-way as they may be established or
widened from time to time, structures shall be set back the following
distances from the highway center line:
|
District
|
Type of Road
|
Setback
(feet)
|
|---|---|---|
|
R-20
R-30
RR-5
R-MH
R-MD
R-TH
|
State or county
|
110
|
|
R-20
R-30
RR-5
R-MH
R-MD
R-TH
|
All others
|
100
|
|
C
I
LI
|
State or county
|
140
|
|
C
I
LI
|
All others
|
100
|
|
RB
|
State, county or town
|
140 feet from center line of road
|
B.
The minimum setbacks specified above shall apply regardless
of whether the highway is at the front, side or rear of the structure.
C.
In areas already built-up or partially built-up where
structures already existing have actual front setbacks at distances
less than those provided for herein, the Zoning Board of Appeals may
grant an appropriate variance to bring about greater uniformity or
to prevent unusual hardship.
D.
The maximum height of any structure in any district shall be 35 feet, however, such maximum height requirements contained in this section shall not apply to telecommunications towers and/or accessory facilities or structures constructed in accordance with the procedures and standards set forth in § 120-64.
|
District
|
Side Setbacks
(feet)
|
Rear Setbacks
(feet)
|
|---|---|---|
|
R-MD and R-MH
|
25
|
25
|
|
R-20
|
15
|
25
|
|
R-30
|
25
|
25
|
|
RR-5
|
50
|
50
|
|
R-TH
|
25*
50**
|
25***
|
|
C
|
25
|
25
|
|
I
|
70
|
35
|
|
LI (for lot fronting on state or county road)
|
70
|
35
|
|
LI (for lot fronting on other road)
|
50
|
35
|
|
RB
[Added 9-8-1999 by L.L. No. 1-1999] |
25
|
25
|
|
NOTES:
| |
|---|---|
|
*
|
Between a cluster and a property line.
|
|
**
|
Between each cluster.
|
|
***
|
From the property line of the townhouse development.
|
No accessory structure shall be constructed
or placed nearer to the highway or lot lines than is permitted for
the main structure in the district in which it is to be erected or
located.
[Amended 2-14-1997 by L.L. No. 1-1997; 5-13-1998
by L.L. No. 1-1998]
The maximum coverage of any building or buildings hereafter erected or placed on any premises in any district shall conform to the following schedule with the exception of telecommunications towers and/or accessory facilities or structures constructed in accordance with the procedures and standards set forth in § 120-64.
|
District
|
Maximum Coverage
|
|---|---|
|
R-20
|
25%
|
|
R-30
|
25%
|
|
RR-5
|
25%
|
|
R-MH
|
25%
|
|
R-MD
|
25%
|
|
R-TH
|
25%
|
|
C
|
50%
|
|
I
|
50%
|
|
LI
|
50%
|
|
RB
[Added 9-8-1999 by L.L. No. 1-1999] |
50%
|
A.
Purpose. The purpose of this section is to permit
variation in lot sizes and housing types in areas proposed for development
under these provisions in order to encourage flexibility of design,
to enable land to be developed in such a manner as to promote its
more appropriate use, to facilitate the adequate and economical provision
of streets and utilities, and to preserve the natural and scenic qualities
of open space, in accordance with § 278 of the New York
State Town Law. This purpose is achieved by permitting the Planning
Board to modify provisions of this chapter simultaneously with its
approval of a subdivision plot or a site plan. A plan under this section
must provide that the overall density does not exceed that which is
otherwise permitted in the applicable zoning district and the land
thus gained is preserved as open space for the use and enjoyment of
the residents of the area. The Planning Board, in its discretion,
may require the use of this section when it finds that such use would
be beneficial.
B.
General conditions and requirements.
(1)
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.
(2)
An average density development subdivision plat or
site plan may be approved only if the Planning Board determines:
(a)
That such development will not be detrimental
to the health, safety or general welfare of persons residing in the
vicinity, or injurious to property or improvements within its proximity;
and
(b)
That the proposed development is in conformity
with the objectives of the Comprehensive Plan of the Town of Rush;
and
(c)
That the gross density will be no greater than
if the tract were developed with standard lot sizes.
(3)
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.
(4)
The area designated for open space purposes, including
playgrounds and parks, shall be in a location and shape approved by
the Planning Board.
(5)
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.
(6)
At the discretion of the Planning Board, the dwelling
units may be detached, semidetached or attached structures.
C.
Specific requirements. Any subdivision plat or site
plan considered under this procedure shall conform to the following
standards which are to be regarded as minimum requirements:
(1)
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:
(a)
Determine the total area in acres of the proposed subdivision or site. For the purpose of this section, the "total area" shall include all the land within the proposed subdivision or site that is intended, and usable for the following purposes: residences, playgrounds, neighborhood parks, interior streets, and reserved open spaces including easements for natural watercourses if these meet the open space standards set forth in Subsection C(4) of this section.
(b)
Submit a sketch plan showing how the site could
be developed in conformity with all of the provisions of this chapter.
(2)
The sizes of lots for single-family dwellings in an
average density development may vary from the normal requirements
as follows:
(a)
In an R-20 District no lot may be less than
14,000 square feet; not more than 1/3 of the lots may be less than
16,000 square feet; and not more than 2/3 of the lots may be less
than 18,000 square feet.
(b)
In an R-30 District no lot may be less than
21,000 square feet; not more than 1/3 of the lots may be less than
24,000 square feet; and no more than 2/3 of the lots may be less than
27,000 square feet.
(3)
Lot widths and side yards may vary in accordance with
the following standards:
|
Lot Size
(square feet)
|
Corresponding Minimum Lot Width
(feet)
|
Corresponding Minimum Side Setback
(feet)
| |
|---|---|---|---|
|
R-20 District
| |||
|
14,000 to 15,999
|
85
|
10
| |
|
16,000 to 17,999
|
90
|
12
| |
|
18,000 to 19,999
|
95
|
14
| |
|
R-30 District
| |||
|
21,000 to 23,999
|
125
|
16
| |
|
24,000 to 26,999
|
135
|
20
| |
|
27,000 to 29,999
|
145
|
24
| |
(4)
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.
