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.
B. Permitted uses in Subsection
A(1) through
(4) above are subject to review and approval of site plans in accordance with §
120-69.
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]
E. All uses not specifically permitted by virtue of Subsection
A,
B,
C, or
D of this §
120-11 shall be prohibited in R-TH Residential Districts.
[Amended 2-14-1997 by L.L. No. 1-1997; 5-13-1998 by L.L. No.
1-1998; 8-28-2013 by L.L. No. 3-2013]
[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.
(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.
(3) Off-street parking and loading areas, subject to the provisions of §§
120-57 and
120-58 of this chapter.
(4) Signs, subject to the provisions of Article
III, Signs, of this chapter.
(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.
(6) Fences, subject to the provisions of Chapter
58, Fences and Walls, of the Code of the Town of Rush.
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.
(5) 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.
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.
(9) 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.
(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.
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
(c)
Manufacture of:
[1]
Electric, electronic or optical instruments
or devices;
[2]
Scientific, laboratory and process control instruments
and devices;
[3]
Computers and data processing equipment.
(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.
(3) 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.
(4) Sexually oriented businesses as regulated under Chapter
91, Sexually Oriented Businesses, of the Code of the Town of Rush.
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.
[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.
C. The minimum area and dimensions of lots or subdivided premises contained in §
120-17 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.
[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.
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%
|