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.
[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; 7-12-2023 by L.L. No. 5-2023; 11-8-2023 by L.L. No. 8-2023]
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, business and professional offices, and limited commercial
business activities. 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 site
plan 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, wood, paper, leather, precious or semiprecious metals or
stones, glass, ceramics, base metal bar, sheet and special shapes.
Machine shops and cabinet and furniture making are permitted.
(e)
Testing and repairing of the products or type of products which
may be manufactured in the district.
(f)
Support services such as accounting, human relations, payroll,
and child care, which provide services to the facilities and employees
of the district and other businesses rather than mostly to needs of
retail customers.
(g)
Graphic arts, graphic design, and similar light printing operations.
(h)
Offices for professional, executive, engineering and administrative
purposes. Permitted uses for professional offices shall include professional
classifications as described in New York State Education Department
Office of the Professions and shall also follow these guidelines:
An office or place of business where professional services are offered
and which does not mainly involve the keeping of an inventory or sale
of goods. Professional offices include, but are not limited to, doctors,
dentists, surgeons, attorneys, architects, engineers, planners, accountants,
real estate brokers, insurance brokers, psychologists, veterinarians
and chiropractors. Medical clinics are permitted so long as overnight
care of humans is not provided.
(i)
Primarily sales, installation, and service-type businesses such
as plumbing, water treatment, electrical, kitchen and bath design
and display, plumbing, electrical, power systems including generators
and solar, geothermal and conventional HVAC, municipal and truck-mounted
equipment, traffic and road safety equipment, and other equipment
sales/installation/service businesses that are determined by the Planning
Board to be similar in nature, but excluding vehicle sales/service.
(j)
Manufacture of pharmaceuticals and food and beverage products,
including bakeries, coffee, breweries, wineries and similar businesses,
but not including the production of fish, meat or dairy products,
slaughtering, or the rendering of fats and oils or other fermented
foods, such as sauerkraut, vinegar or the like. Any such facility
shall use waste treatment approved by the Monroe County Department
of Public Health.
(2) Retail and service-type commercial businesses with the following
stated limitations and after site plan review by the Planning Board
to determine conformance with the intent of this section: These commercial
uses are permitted but are limited to no more than 30% of the land
area in a Limited Industrial District. For determining the percentage
of land area, the Building Inspector or Code Enforcement Officer shall
base the calculation on the land area of all parcels or lots with
the below-listed commercial uses divided by total land area of that
one contiguous LI District. For lots with more than one separate and
distinctly different use by different companies (regardless of lot
and building ownership), that lot land area shall be proportioned
to those different uses by building area associated with those different
companies. There shall be no attempt to split out functions within
the same company. For example, if a building includes both a manufacturing
area and a warehouse area for the same business and products, that
whole building would be counted as the single primary objective of
manufacturing. In all cases, warehousing shall be primarily for the
temporary storage of the business's manufactured products for
sale. Similarly, offices of the same manufacturing business would
not be split out, since offices only support the primary business
function of manufacturing. Whether or not a proposed use fits within
any percentage of land area limit shall be calculated on a first-come-first-served
basis based on what is currently known about parcel uses.
(a)
Uses permitted in §
120-12, Commercial (C) Districts, except public buildings and grounds, farming activities except as stated in Subsection
A(3) below, automobile and truck sales, and any residential uses.
(3) Farming. The following farming activities are permitted and are not
subject to commercial percentage of land area limitations:
(a)
Vegetable and field crop farming is permitted and does not require
site plan review.
(b)
Farm buildings such as greenhouses, hoop houses, hydroponics,
vertical agriculture, controlled environment agriculture (CEA), or
similar agricultural enterprises within enclosed or semi-enclosed
buildings are permitted with site plan approvals by the Planning Board
to determine conformance with the intent of this section.
(c)
Other farm uses. Because conventional farming is not intended
to be a long-term use in Limited Industrial Districts, all other farm
uses shall be subject to the requirements of limited industrial businesses,
including site plan review. Special permit review and approval by
the Planning Board is required for outside parking of vehicles and
outside storage.
(4) Multiple uses.
(a)
Multiple uses within a building are permitted if any one such
use and the combined total conform to requirements of this chapter
and the Planning Board determines that such multiple uses are compatible
with each other and the intent of this chapter.
(b)
Multiple buildings are permitted on a single lot, so long as
the sum total conforms to all area, size and other requirements of
the Town Code.
B. Site plan review, change of use, and/or transfer of ownership.
(1) All proposed uses or developments, including building additions, in a Limited Industrial District shall be subject to site plan review in accordance with §
120-69, except as specifically exempted.
(2) If a specific use originally permitted within a Limited Industrial
District is proposed to be changed to a separate, different and distinct
use, process or product or change in use location within a parcel,
application must be made to the Planning Board for a new site plan
and/or special permit for approval of the new use and conditions.
(3) Changes to parking, lighting, grading, filling, excavating or drainage
that have the potential to impact a neighboring property are prohibited
except after site plan review and approval by the Planning Board.
(4) In the case of a transfer of ownership, the new owner shall adhere
to the conditions of the site plan. If a site plan does not exist
or does not match the operation, the new owner shall apply for a new
site plan. Special permits do not carry over to a new owner, so new
owners must apply for a new special permit.
C. 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:
(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; 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.
(2) Self storage or mini-warehouse facilities with the following conditions:
(a)
Shall include a conditioned storefront/rental office.
(b)
Shall be located no closer than 1,500 feet to an existing self-storage
or mini-warehouse site.
(c)
The minimum area for a rental unit shall be 100 square feet.
The maximum area for a rental unit shall not exceed 300 square feet.
(d)
The maximum size for an unconditioned mini-warehouse structure,
not including any storefront portion, shall be 6,000 square feet.
(e)
The maximum lot coverage for a mini-warehouse conditioned structure,
including a storefront/rental office portion, shall be 35% in any
Limited Industrial District.
(3) Distribution centers with the following conditions:
(a)
The minimum lot area shall be four acres.
(b)
Any lot(s) with distribution centers may total no more than 25% of the land area in each Limited Industrial District. Distribution centers shall adhere to lot coverage maximums provided in §
120-21. However, because of the large paved area required for truck maneuvering and parking, distribution center building size may be limited by total building plus hardscape maximums.
(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
residential lot. The Planning Board may require screening from any
other lot(s) as well.
(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 areas 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.
(4) 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.
(5) Sexually oriented businesses as regulated under Chapter
91, Sexually Oriented Businesses, of the Code of the Town of Rush.
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, except during business hours of 7:00 a.m. to 12:00 midnight daily, shall be permitted only upon issuance of a special permit by the Planning Board in accordance with the procedure set forth in §
120-69. Outside parking should not be within front, side and rear setbacks. Outside parking of vehicles or any other machinery or equipment for sale, display or service shall be permitted only upon issuance of a special permit by the Planning Board in accordance with the procedure set forth in §
120-69 and may be within the front setback but shall not be permitted within the landscaped parking lot setback.
(2) Outside storage stockpiles, racks, or displays, outside storage of machinery or equipment, or outside storage or sales of merchandise shall be permitted only upon issuance of a special permit by the Planning Board in accordance with the procedure set forth in §
120-69 and based upon location on the lot, visibility to other properties, and time duration that racks and displays are outside. Long-term and overnight outside storage shall not be within front, side and rear setbacks. The Planning Board may require screening from residential lots and any other adjacent lots.
(3) All equipment for the handling of material and processes shall be enclosed in a suitable building or shall require a special permit by the Planning Board in accordance with the procedure set forth in §
120-69.
(4) All waste, scrap, refuse, empty containers, drums, bottles and cartons
shall be stored in suitable closed containers. Waste containers, dumpsters,
and roll-offs shall be located behind the front building line and
screened from any residential properties. The Planning Board may require
screening of any waste containers from any adjacent lots or roads.
(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 six feet in height and may be accomplished by deciduous and/or evergreen plantings or by a fence or masonry wall of acceptable design. All such buffers and screenings shall be properly and perpetually maintained by the owner or owners of the screened limited industrial or commercial property.
(6) Parking lots and driveways.
(a)
Parking lots and driveways shall conform to conditions of §
120-57, Required off-street parking, and §
120-58, Required off-street loading and unloading space.
(b)
Parking lots and internal drives shall be set back from any
public road by 20 feet of landscaped area, measured perpendicular
to the road, whether lawn or maintained trees and shrubs. This twenty-foot
parking lot setback area shall not be used for display or storage.
The Planning Board may require larger parking lot setbacks where lot
size and building location allows. Parking lots and internal drives
shall be set back 15 feet from any other side or rear property boundary.
Storm runoff retention areas shall be allowed in the setback areas
and shall be maintained free of high vegetation as allowed by weather
conditions. For lots with site plans approved prior to enactment of
this section, a maximum of 25% of the frontage may be excluded from
the parking lot setback requirement for extended access drives and
parking areas if shown on that approved site plan.
(c)
Access to parking areas shall be limited to one or two driveways,
depending upon the lot frontage size and distance from intersections
and other driveways, and shall be approved by the Planning Board.
On corner lots, the Planning Board shall determine which of the public
roads is used for access driveway(s), and any driveway shall be sufficient
distance from the road intersection so as to not interfere with traffic
and not less than 50 feet from the intersection. If there are two
separate driveways, they shall not be less than 50 feet apart. If
entrance and exit driveways are separate, the entrance and exit shall
be clearly marked.
(d)
Parking lots shall provide sufficient space so that vehicles
with or without trailers shall not need to back into or out of any
state or county roads for access to parking spaces or loading/unloading
areas.
(e)
The general intent of parking lot design is that employee and
business parking should be located to the sides and rear of the primary
building, while customer parking may be located in front of the building
or also to the sides and rear.
(f)
Curbs along driveways and parking areas may be required by the
Planning Board for pedestrian safety along walkways and to prevent
vehicles from driving over landscaped parking lot setbacks. Curbs
are most needed for high traffic areas with tight turns, such as fast
food restaurants, banks, convenience stores, pharmacies and filling
stations, especially with drive-through services.
(7) Unloading space shall conform to §
120-58, Required off-street loading and unloading space. Loading docks and garage doors shall be located behind the front face of any primary building, and shall instead be located on the sides and rear of the building so that buildings present a clean, attractive face to the road. Garage doors are permitted on the front of the primary building when used for customer vehicle entrances, as with service stations, and for distribution centers and self-storage warehouses if the Planning Boards deems that preferable to other options.
(8) Building architecture. The Planning Board shall include architectural
considerations of buildings in a Limited Industrial Zone, based on
front, side, and rear elevations and renderings that shall be required
for such buildings. The Planning Board may consider the types of exterior
materials proposed for use and their appearances. The Planning Board
shall consider the building purpose and the location of the building
relative to visibility from major roads and primary entrances to the
Town as some of the factors controlling the extent to which the building
design may affect the area. The Planning Board may hire architectural
consultants as they deem appropriate, and such fees incurred by the
Rush Planning Board shall be paid by the applicant, plus the current
administrative fee.
(9) Landscaping.
(a)
All projects shall be suitably landscaped, including the provision
of vegetation of suitable species and at appropriate levels of maturity
in order to screen effectively dissimilar uses from one another, both
visually and acoustically, and to protect and enhance the overall
quality of the environment. A landscaping plan shall be prepared by
a licensed landscape architect and shall show his seal and signature.
The Planning Board may hire landscaping consultants as they deem appropriate,
and such fees incurred by the Rush Planning Board shall be paid by
the applicant, plus the current administrative fee.
(b)
All projects shall have landscaping equal to a minimum expenditure
of 1% of the total building cost or more at the discretion of the
Planning Board. Landscaping shall be considered as any living plants,
grading specific to landscaping such as planted berms, and surface
covers like mulch and stone. Landscaping costs shall not include excavating,
earthmoving, fill, grading or paving associated with normal requirements
of building, cost of the landscaping design, or costs to install lawns.
(10)
Maximum building size. In addition to the requirements of §
120-21, Maximum coverage, any building in a Limited Industrial District shall not exceed 50,000 square feet gross floor area. Buildings larger than 50,000 square feet may be permitted at the discretion of the Planning Board with a special permit.
F. All uses not specifically permitted by virtue of Subsections
A through
E of this §
120-15 shall be prohibited in Limited Industrial Districts.
G. Building permits and certificates of occupancy and certificates of
completion. No building permit will be issued by the Building Inspector
until all conditions of the approved site plan and special permit
have been completed to the satisfaction of the Town Engineer and/or
Planning Board. No certificate of occupancy or certificate of completion
for a building with an approved site plan shall be issued without
site approval by the Town Engineer for all conditions on the site
plan and for building approval by the Building Inspector unless a
certified check to cover the full cost of the required improvements
or a letter of credit to cover the full costs of the required improvements
has been provided by the developer/applicant. The amount shall be
set by the Town Engineer. Any such letter of credit shall be satisfactory
to the Planning Board, the Town Board and Town Attorney as to form,
sufficiency and manner of execution. A period of one year (or such
other period as the Planning Board may determine appropriate, not
to exceed three years) shall be set forth, within which required improvements
must be completed.
[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; 9-8-1999 by L.L. No. 1-1999; 11-8-2023 by L.L. No. 8-2023]
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 Building Coverage
|
Maximum Building Plus Hardscape Coverage
|
---|
R-20
|
25%
|
50%
|
R-30
|
25%
|
50%
|
RR-5
|
25%
|
50%
|
R-MH
|
25%
|
50%
|
R-MD
|
25%
|
50%
|
R-TH
|
25%
|
50%
|
C
|
30%
|
65%
|
I
|
30%
|
65%
|
LI
|
30%
|
65%
|
RB
|
30%
|
65%
|