Town of Rush, NY Article I General Provisions

§ 120-1 Title, authority and purposes.

A. This chapter shall be known as the "Zoning Law of the Town of Rush." It has been enacted by the Town Board of the Town of Rush pursuant to Article 16 of the Town Law of the State of New York which empowers the Town Board to regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes and to establish penalties for the violation of such regulations.

B. The regulations contained in this chapter have been made in accordance with a well-considered, comprehensive plan for the development of the Town of Rush and are designed to lessen congestion in the streets, to secure safety from fire, flood, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. These regulations have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, and with a view to conserving and stabilizing the value of land and buildings and encouraging the most appropriate use of land throughout the Town.

§ 120-2 Zoning districts.

For the purpose of this chapter, the Town of Rush is hereby divided into the following districts:

Abbreviation	District Name
R-20	Residential District
R-30	Residential District
RR-5	Rural Residential District
R-MD	Multiple Dwelling Residential District
R-MH	Mobile Home Residential District
R-TH	Townhouse Residential District
C	Commercial District
RB	Restricted Business District [Added 9-8-1999 by L.L. No. 1-1991
I	Industrial District
LI	Limited Industrial District

§ 120-3 Official Zoning Map; interpretation of district boundaries.

[Amended 8-28-2013 by L.L. No. 3-2013]

A. The boundaries of the zoning districts are shown on the map entitled "Official Zoning Map of the Town of Rush," which is hereby declared to be a part of this chapter. The official Zoning Map shall be kept on file in the office of the Town Clerk. Unofficial reductions of this map shall be for reference purposes only. Changes may be made in district boundaries only by a zoning amendment adopted by the Town Board. Any such changes shall be noted by the Town Clerk on the official Zoning Map promptly after the Town Board adopts such an amendment. In the event of a conflict between the Zoning Map in the Town Clerk's office and the specific local law adopting a Zoning Map amendment, the specific local law shall be the controlling authority as to the current zoning status of lands, structures and uses in the Town.

B. Where uncertainty exists as to the boundaries of districts shown on the Zoning Map, the following rules apply:

(1) Boundaries indicated as approximately following the center lines of streets, highways, or railroad tracks shall be construed to follow such center lines.

(2) Boundaries indicated as approximately following lot lines shall be construed to follow such lot lines.

(3) Boundaries indicated as following shorelines of ponds and lakes shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline.

(4) Boundaries indicated as following centerlines of streams shall be construed to follow such centerlines and, in the event of change in the centerline, shall be construed as moving with the actual centerline.

(5) Boundaries indicated as parallel to or extensions of features indicated in Subsections B(1) through B(4) above shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.

(6) Where overlay district boundaries are based upon natural features such as topographic contour lines or aquifer and aquifer recharge areas, such boundaries may be more precisely established through field investigation by a qualified professional.

(7) Where a question arises as to exact boundaries of a district, the Town Board shall by resolution determine the location of the boundary, giving due consideration, among other factors, to the indicated location of the boundary on the Zoning Map, the scale of the Zoning Map, and the expressed intent and purposes of this chapter.

§ 120-4 Interpretation; severability.

A. If any word, phrase, sentence, part, section, subsection, or other portion of this chapter, or the application thereof to any person or to any circumstance, is adjudged or declared invalid or unenforceable by a court or other tribunal of competent jurisdiction, then, and in such event, such judgment or declaration shall be confined in its interpretation and operation only to the provision of this chapter that is directly involved in the controversy in which such judgment or declaration is rendered, and such judgment or declaration of invalidity or unenforceability shall not affect or impair the validity or enforceability of the remainder of this chapter or the application hereof to any other persons or circumstances. If necessary as to such person or circumstances, such invalid or unenforceable provision shall be and be deemed severed herefrom, and the Town Board hereby declares that it would have enacted this chapter, or the remainder thereof, even if, as to particular provisions and persons or circumstances, a portion hereof is severed or declared invalid or unenforceable.

[Amended 8-28-2013 by L.L. No. 3-2013]

B. This chapter shall be interpreted in such a way, wherever possible, that the meaning of the words and phrases and sections herein shall make them valid and legal in their effect.

§ 120-5 Definitions and word usage.

A. The following rules of construction of language shall apply to the text of this chapter:

(1) Words used in the present tense include the future tense.

(2) Words used in the singular include the plural, and words used in the plural include the singular.

(3) The word "lot" includes the word "plot" and "parcel."

(4) [Intentionally omitted.]

[Amended 8-28-2013 by L.L. No. 3-2013]

(5) The word "shall" is always mandatory.

(6) The words "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

(7) Any reference to a residence or residential district shall be interpreted to mean any district with the word "residential" in its title.

(8) A "building" or "structure" includes any part thereof.

B. The following words or phrases as used in this chapter are defined as follows:

ACCESSORY APARTMENT

A second dwelling unit either in an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility within the accessory apartment for cooking, eating, sanitation, and sleeping.

[Added 9-10-2003 by L.L. No. 4-2003]

ACCESSORY BUILDING; ACCESSORY STRUCTURE

A structure detached from and subordinate to a principal building on the same lot, the use of which is customarily incidental to that of the principal building or use.

[Amended 8-28-2013 by L.L. No. 3-2013]

ACCESSORY USE

A use, not otherwise contrary to the provisions of this chapter, that is customarily incidental and subordinate to the principal use and located on the same lot therewith, and which does not dominate in area, extent, or purpose the principal, lawful use of said lot.

[Amended 6-25-2003 by L.L. No. 3-2003; 8-28-2013 by L.L. No. 3-2013]

BED-AND-BREAKFAST INN

A commercial enterprise as part of a private residence which provides short-time (no more than one week) lodging and breakfast to overnight guests for a fee. Sleeping rooms shall have no provision for cooking. Such use is to be secondary to the occupancy of a private residence by the owner thereof.

[1]

BELOW-REGULATORY CONCERN

Radioactive material in a quantity or of a level that is distinguishable from background (as that phrase is defined at 10 CFR 20.1003), but which is below the regulation threshold established by any regulatory agency otherwise having jurisdiction over such material in the Town.

[Added 8-28-2013 by L.L. No. 3-2013]

BUILDING

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels, but not including a mobile home.

CANNABIS ON-SITE CONSUMPTION ESTABLISHMENT

A business whose primary purpose is the retail sale of adult-use cannabis for on-site consumption in accordance with the license granted by the New York State Office of Cannabis Management.

[Added 7-12-2023 by L.L. No. 5-2023]

CANNABIS RETAIL DISPENSARY

A business whose primary purpose is the retail sale of adult-use cannabis in accordance with the license granted by the New York State Office of Cannabis Management.

[Added 7-12-2023 by L.L. No. 5-2023]

CLUB

An organization catering exclusively to members and their guests, or premises and buildings for recreational, social, or athletic purposes, which are not conducted primarily for gain, provided there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.

COMMERCIAL or BUSINESS

The purchase, sale or transaction involving the disposition of any article, substance, commodity or service, the maintenance or conduct of offices, professions or recreational or amusement enterprises conducted for profit and the renting of rooms, business offices and sales display rooms and premises. In no event shall "commercial" or "business" (or either of them) be construed to mean, be, or include natural gas and/or petroleum exploration activities, natural gas and/or petroleum extraction activities, or any other explicitly prohibited use.

[Amended 8-28-2013 by L.L. No. 3-2013]

COMMERCIAL VEHICLE

Every type of vehicle designed and/or used for the commercial transportation of goods, equipment or merchandise, including buses, but not including passenger-type automobiles.

CONDOMINIUMS

Living units as defined by Article 9-B of the Real Property Law entitled "Condominium Act" as the same may be amended from time to time. All definitions in said Condominium Act are incorporated herein by reference. They are a form of ownership of multiple housing units which may be built in residential districts.

COVERAGE

The area covered by all buildings on a lot, expressed as a percentage of the total lot area.

DEMOLITION

The removal of any structure or part thereof by any means other than acts of nature.

DISTRIBUTION CENTER

Building used for the transfer of a load from one vehicle to another, but not for permanent or long-term storage. In no event shall "distribution center" be construed to mean, be, or include natural gas and/or petroleum exploration activities, natural gas and/or petroleum extraction activities, or any other explicitly prohibited use.

[Amended 8-28-2013 by L.L. No. 3-2013]

DWELLING

A building containing not more than two dwelling units occupied exclusively for residential uses.

(1) DWELLING, DETACHED A building having two side yards.

(2) DWELLING, ONE-FAMILY A building arranged for one dwelling unit.

(3) DWELLING, TWO-FAMILY A building arranged for two dwelling units.

(4) DWELLING, SEMIDETACHED Two single-family dwelling units attached side to side, each situated on a separate subdivision lot capable of individual sale and each sharing only one common wall with the other and having yards on the remaining three sides.

DWELLING, MULTIPLE

A building containing three or more dwelling units.

(1) A building containing living, sanitary and sleeping facilities and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families.

(2) A building with one or more sleeping rooms, other than a one- or two-family dwelling, used and occupied by permanent or transient paying guests or tenants.

(3) A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house, or for similar uses.

(4) A building used or occupied as an old-age home.

(5) Community residence.

DWELLING UNIT

One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family.

EXPLICITLY PROHIBITED USE(S)

Shall mean and be the explicitly prohibited uses defined and described in § 120-62 of this chapter.

[Added 8-28-2013 by L.L. No. 3-2013]

FAMILY

One or more persons who live together in one dwelling unit and maintain a common household.

FLOOR SPACE

The sum of the gross horizontal areas of the several floors of a building or structure, measured from the exterior faces of the exterior walls.

GRADE LEVEL

The level where the finished grade of the ground intersects the foundation wall.

GRAVEL MINING

[Added 8-28-2013 by L.L. No. 3-2013]

(1) Any of the following activities:

(a) The extraction of overburden and minerals from the earth;

(b) The preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, sorting, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use (exclusive of any manufacturing processes at the mine location);

(c) The removal of such materials through sale or exchange, or for commercial, industrial or municipal use;

(d) The disposition of overburden, tailings and waste at the mine location; or

(e) Any combination of the above activities.

(2) In no event shall "gravel mining" be construed to mean, be, or include natural gas and/or petroleum exploration activities, natural gas and/or petroleum extraction activities, or any other explicitly prohibited use, nor shall gravel mining include the excavation, removal or disposition of minerals from the site of, and incidental to, a construction project as to which all required permits are in force and, or excavations incidental to bona fide agricultural use activities.

(3) For the purpose of this definition:

(a) MINERALS Any naturally formed, usually inorganic, solid material located on or below the surface of the earth. Minerals include, but are not limited to, peat, topsoil, gravel, and stone. For purposes hereof, natural gas and other subsurface hydrocarbons shall not be considered minerals.

(b) OVERBURDEN All of the earth, vegetation and other materials that lie above or alongside a mineral deposit.

(c) SPOIL AND TAILINGS Have the meanings given to them by Article 23 of the New York State Environmental Conservation Law or any similar or successor statute.

GROSS FLOOR AREA

The sum of the gross horizontal heated areas of the several floors of a building, measured from the exterior faces of exterior walls. It does not include attics, cellars, basements, garages or porches.

HEIGHT

The elevation above grade level.

HEIGHT, MAXIMUM

The elevation of the highest point of the structure above grade level excluding such structures as flagpoles, church steeples, chimneys or other noncombustible objects.

INDUSTRIAL or INDUSTRY or INDUSTRIAL USES

Storage, manufacture, preparation, assembly, processing, or repair of any article, substance or commodity, and the conduct of any industrial trade, but not including such preparation, assembly, processing, or repair as is customarily done on-site at retail sales or service establishments. Notwithstanding any provision hereof to the contrary, in no event shall the terms "industrial," "industry," "industrial uses," or any variation thereof, 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.

[Amended 8-28-2013 by L.L. No. 3-2013]

INJECTION WELL

A bored, drilled or driven shaft whose depth is greater than the largest surface dimension, or a dug hole whose depth is greater than the largest surface dimension, through which fluids (which may or may not include semisolids) are injected into the subsurface and less than 90% of such fluids return to the surface within a period of 90 days.

[Added 8-28-2013 by L.L. No. 3-2013]

LAND APPLICATION FACILITY

A site where any natural gas and/or petroleum extraction, exploration or production wastes are applied to the soil surface or injected into the upper layer(s) of the soil.

[Added 8-28-2013 by L.L. No. 3-2013]

LODGING HOUSE

Any structure wherein three or more rooms are occupied for hire.

LOT

Any parcel of land, not necessarily coincident with a lot or lots shown on a plat, which is occupied or which is to be occupied by a building and its accessory buildings, if any, together with the required open spaces appurtenant to such building or buildings.

LOT DEPTH

The mean horizontal distance between the front and rear lot lines.

LOT LINE, FRONT

Where a lot abuts only upon one street, the lot line along such street shall be the front lot line. Where a lot abuts upon more than one street, the narrowest frontage shall be the front lot line.

LOT LINE, REAR

Any lot line which is opposite and more or less parallel with the front lot line. In the case of a lot which comes to a point at rear, the rear lot line shall be an imaginary line, ten feet in length, entirely within the lot, parallel to and most distant from the front lot line.

LOT LINE, SIDE

Any lot line which is not a front lot line or a rear lot line.

LOT WIDTH

The shortest horizontal distance across the lot between the point of intersection of a side lot line with the minimum front setback line and the opposite side lot line.

MATERIAL ALTERATION

Any change in an existing structure either by alteration or addition which changes the outside lines of the structure or the current approved uses.

MOBILE HOME

A house trailer, or any other moveable dwelling originally designed, built or constructed to be towed or conveyed, on its own chassis, whether the same is situated or located upon wheels, jacks, foundations (temporary or permanent), slabs or otherwise and/or whether or not added to or made a part of another building or structure.

MOVING

Removal of any structure or part thereof from one location to another.

NATURAL GAS

Methane and any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.

[Added 8-28-2013 by L.L. No. 3-2013]

NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES

Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such activities involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.

[Added 8-28-2013 by L.L. No. 3-2013]

NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION WASTES

[Added 8-28-2013 by L.L. No. 3-2013]

(1) Any of the following in any form, and whether or not such items have been excepted or exempted from the coverage of any federal or state environmental protection laws, or have been excepted from any statutory or regulatory definition(s) of "industrial waste," "hazardous," or "toxic," and whether or not such substances are generally characterized as waste:

(a) Below-regulatory concern radioactive material, or any radioactive material which is not below-regulatory concern, but which is in fact not being regulated by the regulatory agency otherwise having jurisdiction over such material in the Town, whether naturally occurring or otherwise, and in any case relating to, arising in connection with, or produced by or incidental to the exploration for, the extraction or production of, or the processing, treatment, or transportation of, natural gas, petroleum, or any related hydrocarbons;

(b) Natural gas or petroleum drilling fluids;

(c) Natural gas or petroleum exploration, drilling, production or processing wastes;

(d) Natural gas or petroleum drilling treatment wastes (such as oils, frac fluids, produced water, brine, flowback, sediment and/or any other liquid or semiliquid material);

(e) Any chemical, waste oil, waste emulsified oil, mud, or sediment that was used or produced in the drilling, development, transportation, processing or refining of natural gas or petroleum;

(f) Soil contaminated in the drilling, transportation, processing or refining of natural gas or petroleum;

(g) Drill cuttings from natural gas or petroleum wells; or

(h) Any other wastes associated with the exploration, drilling, production or treatment of natural gas or petroleum.

(2) This definition specifically intends to include some wastes that may otherwise be classified as "solid wastes which are not hazardous wastes" under 40 CFR 261.4(b). The definition of "natural gas and/or petroleum extraction, exploration or production wastes" does not include recognizable and nonrecognizable food wastes, or waste generated by farm use.

NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION WASTES DISPOSAL/STORAGE FACILITY

Any of the following:

[Added 8-28-2013 by L.L. No. 3-2013]

(1) Tanks of any construction (metal, fiberglass, concrete, etc.);

(2) Impoundments;

(3) Pits;

(4) Evaporation ponds; or

(5) Other facilities, in any case used for the storage or treatment of natural gas and/or petroleum extraction, exploration or production wastes that:

(a) Are being held for initial use;

(b) Have been used and are being held for subsequent reuse or recycling;

(c) Are being held for treatment; or

(d) Are being held for storage.

NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION WASTES DUMP

Land upon which natural gas and/or petroleum extraction, exploration or production wastes, or their residue or constituents before or after treatment, are deposited, disposed, discharged, injected, placed, buried or discarded, without any intention of further use.

[Added 8-28-2013 by L.L. No. 3-2013]

NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES

The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons, including without limitation any and all forms of shale fracturing.

[Added 8-28-2013 by L.L. No. 3-2013]

NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES

Any one of more of the following:

[Added 8-28-2013 by L.L. No. 3-2013]

(1) Natural gas compression facility;

(2) Natural gas processing facility;

(3) Natural gas and/or petroleum extraction, exploration or production wastes disposal/storage facility;

(4) Natural gas and/or petroleum extraction, exploration or production wastes dump;

(5) Land application facility;

(6) Underground injection; or

(7) Underground natural gas storage.

NATURAL GAS COMPRESSION FACILITY

A facility constructed or operated to compress natural gas that originates from a gas well or collection of such wells, operating as a midstream facility for delivery of gas from a gas field for entry into the transmission pipeline system; the term shall not include the transmission pipeline itself; the term shall include equipment for liquids separation, natural gas dehydration, and tanks for the storage of waste liquids and hydrocarbon liquids.

[Added 8-28-2013 by L.L. No. 3-2013]

NATURAL GAS PROCESSING FACILITY

Those facilities that separate and recover natural gas liquids (NGLs) and/or other nonmethane gases and liquids from a stream of produced natural gas, using equipment for any of the following: cleaning or stripping gas, cooking and dehydration, residual refinement, treating or removing oil or condensate, removing water, separating NGLs, removing sulfur or carbon dioxide, fractionation of NGLs, or the capture of CO2 separated from natural gas streams.

[Added 8-28-2013 by L.L. No. 3-2013]

NONCONFORMING USE

Any use or prospective use of a property which does not conform with the provisions of this chapter for the district in which it is or is to be located.

OPEN SPACE

An area unoccupied by any building, structure or parking area, whether paved or unpaved.

PERSON

Any individual, public or private corporation for profit or not for profit, association, partnership, limited liability company, limited liability partnership, firm, trust, estate, and any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

[Added 8-28-2013 by L.L. No. 3-2013]

PUBLIC UTILITY

An entity which operates as a monopoly, and whose rates charged to customers are established by a utility commission. A public utility facility is a facility which is operated by a public utility, and which provides electric, gas, steam, CATV, telephone or other communication service, water or sewerage directly to the general public. In no event shall "public utility" or "public utility facility" be construed to mean, be, or include a natural gas compression facility or natural gas processing facility or any other explicitly prohibited use.

[Added 8-28-2013 by L.L. No. 3-2013]

RADIATION

The spontaneous emission of particles (alpha, beta, neutrons) or photons (gamma) from the nucleus of unstable atoms as a result of radioactive decay.

[Added 8-28-2013 by L.L. No. 3-2013]

RADIOACTIVE MATERIAL

Material in any form that emits radiation. This definition specifically includes NORM (naturally occurring radiation), but only if such naturally occurring material has been moved from its naturally occurring location through an industrial process. All such material is radioactive material for purposes hereof, whether or not it is otherwise exempt from licensing and regulatory control pursuant to the New York State Department of Labor, the United States Nuclear Regulatory Commission, the United States Environmental Protection Agency, the United States Department of Energy, the United States Department of Transportation, or any other regulatory agency.

[Added 8-28-2013 by L.L. No. 3-2013]

SETBACK, FRONT

The shortest distance between the center line of the highway right-of-way and the nearest point of the front of the main or accessory structure, but not including cornices or entrance steps on the front of the main or accessory structure.

SETBACK, REAR

The shortest distance measured perpendicularly from the rear lot line to the nearest part of the main or accessory structure on the premises.

SETBACK, SIDE

The shortest distance measured perpendicularly from the side lot line to the nearest part of the main or accessory structure on the premises.

STORY, HEIGHT OF

The vertical distance from the top surface of the floor to the top surface of the floor next above. The height of the topmost story is the vertical distance from the top surface of the floor to the ceiling next above.

STRUCTURE

A building or anything constructed, erected or placed, above or below ground, including telecommunications towers and/or accessory facilities which require temporary or permanent location on or support of the soil, or which is attached to any structure, but not including mobile homes, walks, driveways, or plant life.

[Amended 2-14-1997 by L.L. No. 1-1997; 5-13-1998 by L.L. No. 1-1998]

SUBSURFACE

Below the surface of the earth, or of a body of water, as the context may require.

[Added 8-28-2013 by L.L. No. 3-2013]

SWIMMING POOL

Any body of water, at least two feet deep and 12 feet in either diameter, length or width, created by excavation, construction or erection and used primarily for swimming.

TOWNHOUSE DWELLING UNIT

A dwelling unit which is part of a townhouse cluster designed or used as living quarters for one family only.

TOWNHOUSE or ROWHOUSE CLUSTER

A group of not less than two dwelling units attached to each other by at least one common separation (wall or ceiling/floor). The terms "townhouse cluster" and "rowhouse cluster" shall have the same meaning and may be used interchangeably when used in the language of this chapter.

TOWNHOUSE OR ROWHOUSE DEVELOPMENT

Two or more townhouse clusters with streets, parking areas, sidewalks, common area and open spaces, which may include recreational and social facilities intended principally for the use of the residents of the development, whether managed as a single and common operating unit or in cooperative form or, if the dwelling units are sold and conveyed in fee, managed by or through a homeowner association, trust or other appropriate arrangement for the maintenance and conservation of the streets, parking areas, sidewalks, common areas, open spaces and facilities.

UNDERGROUND INJECTION

Subsurface emplacement of natural gas and/or petroleum extraction, exploration or production wastes, including emplacement by or into an injection well.

[Added 8-28-2013 by L.L. No. 3-2013]

UNDERGROUND NATURAL GAS STORAGE

Subsurface storage, including in depleted gas or oil reservoirs and salt caverns, of natural gas that has been transferred from its original location for the primary purpose of load balancing the production of natural gas. Includes compression and dehydration facilities, and pipelines.

[Added 8-28-2013 by L.L. No. 3-2013]

USE

The purpose for which any structure or part thereof and the premises or any part thereof is occupied or intended to be occupied, or if either is unoccupied, the purpose for which they may be occupied.

VARIANCE

An area variance or a use variance, as the context may admit.

[Added 8-28-2013 by L.L. No. 3-2013]

VARIANCE, AREA

The authorization by the Zoning Board of Appeals for the use of land in a manner that is not otherwise allowed by the dimensional or physical requirements of the applicable zoning regulations.

[Added 8-28-2013 by L.L. No. 3-2013]

VARIANCE, USE

The authorization by the Zoning Board of Appeals for the use of land for a purpose that is otherwise not otherwise allowed or is prohibited by the applicable zoning regulations.

[Added 8-28-2013 by L.L. No. 3-2013]

[1] Editor's Note: This definition was moved, without substantive revision of the original text, from its location in original § 99-12A, Subsection C(2), 3-10-2004 by L.L. No. 3-2004.

§ 120-6 Uses of structures and lands; any use not specifically permitted prohibited.

[Amended 8-28-2013 by L.L. No. 3-2013]

All structures hereafter erected or materially altered or any completed structure hereafter located or relocated or materially altered shall conform with the provisions of this chapter, and structures and lands shall be used only as permitted by this chapter within the respective districts and as shown on the Official Zoning Map.[1] Any use not specifically set forth as a permitted use (as of right, accessory, or upon special permit, as the context may admit) in any zoning district shall be expressly prohibited in that district. A use specifically set forth as a permitted use in one district shall not be permitted in another district unless it is specifically set forth as a permitted use in said other district.

[1] Editor's Note: The Zoning Map is on file in the Town offices.