Town of Rush, NY
Monroe County
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Table of Contents
Table of Contents
A. 
The Code Enforcement Officer of the Town of Rush shall be charged with the principal executive and administrative duties of this chapter. He shall be empowered to issue the permits as set forth, and shall be generally charged and responsible for the enforcement of the regulations and restrictions provided by this chapter.
B. 
The Town Clerk, or Deputy, shall be responsible for keeping the minutes and records of the Boards of Appeals and the Planning Board of the said Town.
A. 
The Code Enforcement Officer, where the provisions of this chapter have been completed and complied with, shall issue permits or certificates as follows:
(1) 
Building permit.
(2) 
Certificate of occupancy.
(3) 
Certificate of conformity.
B. 
The Board of Appeals shall have the authority on appeals to issue the permit under Subsection A(1) above and certificates under Subsection A(2) and (3) above, and, in addition, may issue certificates of legal preexisting nonconformance, temporary sign permits and any other temporary permits authorized by this chapter.
C. 
Building permit.
(1) 
Under such regulations as the Board of Appeals shall prescribe, a permit for the erection or alteration of premises for uses complying with this chapter shall be issued. No structure shall be erected, altered, placed, moved or demolished until such permit is issued. This requirement applies equally to the construction or installation of underground structures, including sewage disposal systems.
(2) 
A building permit shall terminate one year from the date it was issued if construction shall not be completed within that period.
D. 
Certificate of occupancy. Under such regulations as the Board of Appeals shall prescribe, on the completion of a structure erected or altered, a certificate for the occupancy of the structure and the use designed in the permit shall be issued. No structure shall be occupied or the premises used until such certificate is issued.
E. 
Certificate of conformity. The Code Enforcement Officer may issue a certificate of conformity for any structure or use which conforms in all respects to the provisions of this chapter.
F. 
Certificate of legal preexisting nonconformance. Upon written request from the owner of premises and under such regulations as the Board of Appeals may prescribe, a certificate of legal preexisting nonconformance for any structure or premises lawfully existing or used at the time this chapter takes effect shall be issued by the Board of Appeals certifying that such use is permissible under the provisions of this chapter.
G. 
Temporary use permits.
[Amended 6-25-2003 by L.L. No. 3-2003]
(1) 
No new temporary use permit a shall be issued, or existing permits renewed, by the Board of Appeals after the effective date of this Subsection G.
[Amended 3-10-2004 by L.L. No. 3-2004]
(2) 
All existing temporary use permits shall remain in force through the term of the permit. Renewal of the permit shall not be granted after expiration of the term of the permit.
(3) 
All holders of existing temporary use permits shall apply to the Town of Rush Planning Board for a special permit under Subsection H at least six months prior to the expiration of the term of the permit. If the expiration of temporary use permit occurred during the moratorium passed by the Town Board under Local Law No. 2-2003, and/or during any extensions of the moratorium passed by the Town Board thereafter, the permit holder may apply for a special permit within three months of the effective date of this Subsection G. If the expiration of an existing temporary use permit is to occur within six months after the effective date of this Subsection G, the permit holder shall apply to the Town of Rush Planning Board for a special permit under Subsection H at least two months prior to the expiration of the term of the permit.
(4) 
The terms and conditions of an existing temporary use permit shall remain in force pending the Town of Rush Planning Board's decision on the permit holder's application for a special permit. If a permit holder fails to apply for a special permit as required under Subsection G(3) hereunder, the temporary use permit shall become null and void upon expiration of the term of the permit.
(5) 
All special permits issued pursuant to this Subsection G shall be automatically revoked upon transfer of the ownership of any property subject to these provisions. The Town of Rush Planning Board is further authorized to revoke a special permit issued under this Subsection G upon determining that a permit holder is not complying with any requirement of this Chapter 120, Zoning, and/or any requirement of a permit issued pursuant to this Chapter 120.
(6) 
Nothing contained in this chapter shall constitute a waiver of any right by the Town of Rush to enforce Chapter 120, Zoning, of the Code of the Town of Rush.
H. 
Special permits. The Planning Board may grant special permits for certain uses in accordance with the provisions of § 120-69.
A. 
Fees for permits and certificates authorized by this chapter shall be paid by the applicant in accordance with the fee schedule adopted by the Town Board.
B. 
On an appeal to the Board of Appeals the appellant shall file with the appeal a fee as specified in the fee schedule adopted by the Town Board.
A. 
Creation and appointment. The Town Board of the Town of Rush shall appoint a Board of Appeals consisting of five members for the terms, in the manner and pursuant to the laws of the State of New York applicable thereto. The Chairman thereof shall be appointed by the Town Board.
B. 
Powers and duties. All the powers and duties which by said laws can be, are hereby delegated to said Board of Appeals.
C. 
Rules and regulations. The said Board is hereby authorized to establish rules and regulations, not inconsistent with this chapter and laws of the State of New York, authorizing the same, for the transaction of their business and the orderly administration of this chapter and to amend, modify, add to or repeal such rules and regulations.
D. 
Forms. The said Board shall establish forms for application for permits, appeals and decisions and for such permits and certificates as are provided for herein.
E. 
Variances.
[Amended 8-28-2013 by L.L. No. 3-2013]
(1) 
Use variances.
(a) 
If a use variance is granted, the applicant shall obtain site plan review approval from the Planning Board prior to commencing the use and prior to obtaining a building permit.
(b) 
No use variance shall be granted unless, in addition to satisfying all other applicable provisions of law and this chapter, the Board of Appeals finds that otherwise applicable zoning regulations and restrictions have caused unnecessary hardship.
[1] 
Unnecessary hardship. In order to prove such unnecessary hardship the applicant is required to clearly demonstrate to the Board of Appeals that, with respect to every permitted use under the zoning regulations for the particular district where the property is located, each and every of the following four criteria is satisfied:
[a] 
The applicant cannot realize a reasonable return on the entire parcel of property, and such lack of return is substantial as demonstrated by competent financial evidence;
[b] 
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood involved;
[c] 
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
[d] 
That the alleged hardship has not been self-created.
[2] 
Reasonable rate of return. In evaluating whether the applicant can realize a reasonable rate of return, the Board of Appeals shall examine whether the entire original or expanded property holdings of the applicant are incapable of producing a reasonable rate of return (and not just the site of the proposed project). No use variance shall be granted unless, in addition to satisfying all other applicable provisions of law and this chapter, the Board of Appeals finds that the applicant has clearly demonstrated, by detailed, written "dollar and cents" proof, the inability to obtain a reasonable return for the entire parcel (and not just the site of the proposed project) and for each and every permitted use in the district (including those uses permitted by special use permit).
[3] 
Unique hardship. No use variance shall be granted unless, in addition to satisfying all other applicable provisions of law and this chapter, the Board of Appeals finds that the entire parcel of which the project is a part possesses unique characteristics that distinguish it from other properties in the area.
[4] 
Essential character of the neighborhood.
[a] 
No use variance shall be granted unless, in addition to satisfying all other applicable provisions of law and this chapter, the Board of Appeals finds that the proposed project will not alter the essential character of the neighborhood. In making its determination of whether the proposed project will alter the essential character of the neighborhood, the Board of Appeals shall take into account factors that are of vital importance to the citizens of the Town, including without limitation:
[i] 
The rural residential, agricultural and historic character of the Town;
[ii] 
Its irreplaceable recreation and tourism sites;
[iii] 
The extent of hazard to life, limb or property that may result from the proposed project;
[iv] 
Health impacts;
[v] 
The social and economic impacts of traffic congestion, noise, dust, odors, emissions, solid waste generation and other nuisances;
[vi] 
The impact on property values; and
[vii] 
Whether the applicant will use a style of development that will result in degradation to the air quality, water quality or scenic and natural resources of the Town.
[b] 
In order to find that the proposed project does not alter the essential character of the neighborhood, the Board of Appeals shall interpret the public interest in said essential character of the neighborhood to require, at a minimum, that the project will not do any of the following:
[i] 
Pose a threat to the public safety, including public health, water quality or air quality;
[ii] 
Cause an extraordinary public expense; or
[iii] 
Create a nuisance.
[5] 
Self-created hardship. No use variance shall be granted unless, in addition to satisfying all other applicable provisions of law and this chapter, the Board of Appeals finds that the alleged hardship was not self-created. The Board of Appeals may find that the applicant suffers from a self-created hardship in the event that the Board finds that:
[a] 
The applicant's inability to obtain a reasonable return on the property as a whole results from having paid too much or from a poor investment decision;
[b] 
The applicant previously divided the property and is left with only a portion which suffers from some unique condition for which relief is sought and which did not apply to the parcel as a whole; or
[c] 
When the applicant purchased the property, he or she knew or should have known the property was subject to the zoning restrictions.
(c) 
The Board of Appeals, in the granting of use variances, shall grant only the minimum variance that it shall deem necessary and adequate to allow an economically beneficial use of the property, and at the same time preserve and protect the essential character of the neighborhood and the health, safety and welfare of the community.
(d) 
The Board of Appeals, in the granting of use variances, shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed project. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such use variance may have on the neighborhood or community. Such conditions may include, but are not limited to, landscaping, lighting, access and egress, signs, screening, architectural features, location and layout of buildings, limitations upon the use or characteristics of the use which are reasonably related to the public health, safety and general welfare and as may be necessary to carry out the intent of this chapter. If the applicant refuses to accept such requirements and conditions, the use variance shall be denied.
(2) 
Area variances.
(a) 
In making a determination whether to grant, grant conditionally, or deny an application for an area variance, the Board of Appeals shall take into consideration the benefit to the applicant if the area variance is granted, and balance this benefit against the detriment to the health, safety and welfare of the neighborhood or community by making such grant. In making such determination the Board shall consider each of the following factors:
[1] 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[2] 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3] 
Whether the requested area variance is substantial;
[4] 
Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[5] 
Whether the alleged difficulty was self-created. (In contrast to the context of a use variance, in the context of an area variance application whether or not the alleged difficulty was self-created shall be relevant to the decision of the Board of Zoning Appeals, but a finding that the difficulty was self-created shall not in and of itself preclude the granting of the area variance.)
(b) 
The Board of Appeals, in the granting of area variances, shall grant the minimum area variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(c) 
In addition to the application requirements from time to time established pursuant to law and this chapter, applications for an area variance shall contain a typewritten narrative explaining what the application is for, and how the project meets or exceeds all of the criteria for an area variance.
(d) 
The Board of Appeals shall, in the granting of area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such area variance may have on the neighborhood or community. If the applicant refuses to accept such requirements and conditions, the area variance shall be denied.
F. 
Appeals for interpretation. The Board of Appeals shall hear and decide appeals where it is alleged that there is an error or misinterpretation in any order, requirement, decision or determination by an administrative official charged with the enforcement of the provisions of this chapter. The Board of Appeals may reverse, modify, or affirm, in whole or in part, any such appealed order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made in strictly applying and interpreting the provisions of this chapter and for such purposes shall have all the powers of the officer from whom the appeal is taken.
G. 
Filing appeals. Any person or agency aggrieved by the granting or refusal of any permit or by any order, decision or determination of the administrative official charged with the enforcement of this chapter, may appeal to the Board of Appeals within 60 days from the date of the determination appealed from. Notice of appeal shall be in writing and shall be submitted together with the required fee to the Town Clerk. Such notice of appeal shall specify the order, ruling, decision or determination from which the appeal is taken and if the appeal is for the granting of a variance of any of the provisions of this chapter, such notice of appeal shall specify that a variance is requested and the nature of the same. Any such appeal shall be taken, heard and determined in accordance with the provisions of the Town Law and the rules of the Board of Appeals.
H. 
Meetings, witnesses and records.
(1) 
Meetings of the Board of Appeals shall be held at the call of the Chairman upon giving notice to all board members and at such other times as the Board of Appeals may determine. All meetings shall be open to the public. The Chairman of the Board of Appeals, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. A quorum shall consist of three members.
(2) 
The Board of Appeals shall keep minutes of its proceedings showing the vote upon every question, and shall keep records of all its official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall be filed in the office of the Town Clerk and shall be a public record.
I. 
Review by county planning agency. Applications for variances and permits which are subject to review by the County Planning Department pursuant to § 239-m, or any amendments thereto, of the General Municipal Law shall be referred by the Board of Appeals to the Monroe County Planning Department for its recommendations.
J. 
Public hearings. The Board of Appeals shall fix a reasonable time for a hearing of an appeal, or an application for any permit and shall give notice thereof in accordance with § 267-a of the Town Law.
K. 
Decisions of the Board of Appeals. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from, or to decide in favor of the applicant any matter upon which it is required to pass under this chapter, or to effect any variation of this chapter. Every decision of the Board of Appeals shall be by resolution supported by reasons therefor. Where findings are required, the decision shall set forth each required finding, supported by substantial evidence or other data considered by the Board of Appeals in each specific case, or, in the case of denial, the decision shall include the findings which are not satisfied.
L. 
Lapse of authorization. Any variance or permit authorized by the Board of Appeals, and involving work for which a building permit is required, shall terminate unless construction conforming to all the conditions and requirements established by the Board of Appeals is begun within one year of the date of approval by the Board of Appeals, or within such longer period as the Board of Appeals may grant, and construction completed in due course.
M. 
Violation of conditions or restrictions. Failure to comply with any condition or restriction prescribed by the Board of Appeals in approving any appeal for a variance or application for a permit shall constitute a violation. Such violation may constitute the basis for revocation of a variance or permit or for imposing penalties or other applicable remedies.
A. 
Creation, appointment and powers.
(1) 
The Town Board of the Town of Rush shall appoint a Planning Board consisting of five members for the terms, in the manner and pursuant to the laws of the State of New York applicable thereto. The Chairperson thereof shall be appointed by the Town Board.
(2) 
The Planning Board shall have all of the powers which the Town Board may grant to it, pursuant to §§ 274-a, 276, 277 and 278 of the Town Law, subject to the conditions and requirements therein stated, and the Planning Board may adopt regulations and requirements governing the application for, and the approval of subdivision plans and plats, special permits and site plans.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Site plan review.
(1) 
Prior to issuing a building permit for the construction of a building (except an accessory building) on a lot in any district, except any building for which a special permit has been issued by the Planning Board, the Code Enforcement Officer shall refer the site plan of such lot to the Planning Board for its review and approval. Except for buildings for which special permits have been issued by the Planning Board, no building permit shall be issued except in accordance with a site plan that has been approved by the Planning Board in accordance with standards set forth in this section. Provided, however, special permits for telecommunications towers and/or accessory facilities shall also be subject to the standards and procedures set forth in § 120-64 of this chapter.
[Amended 2-14-1997 by L.L. No. 1-1997; 5-13-1998 by L.L. No. 1-1998]
(2) 
Application for site plan approval. An application for site plan approval shall be made in duplicate in writing to the Planning Board and shall be accompanied by the following drawings on sheets with dimensions of 20 inches by 20 inches or 20 inches by 40 inches:
(a) 
An area map showing location of the site in relation to the nearest intersecting street and also the existing zoning or adjoining properties.
(b) 
A detailed site plan drawn to convenient engineering scale showing location, dimensions and area of the site; the location and heights of existing and proposed buildings: location of facilities for vehicular and pedestrian circulation including access and egress drives thereto; location of truck loading areas, if any; the layout of off-street parking space and description of types of pavement to be used; location of all existing or proposed site improvements, including drains, culverts, retaining wall and fences; description of methods of sewage disposal and location of such facilities; storm water drainage provisions; location and size of all signs; location and design of exterior lighting facilities; landscaping of the site, including appropriate screening measures for the protection of adjacent properties, and finished grading of the site shown by means of contour lines at suitable vertical scale.
(3) 
Factors for consideration. The Planning Board's review of a site plan shall include, but is not limited to, the following considerations:
(a) 
Adequacy and arrangement of vehicular and pedestrian traffic access and circulation;
(b) 
Location, arrangement and sufficiency of off-street parking;
(c) 
Location and arrangement of the building or buildings on the premises;
(d) 
Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a buffer between this and adjoining lands;
(e) 
In the case of an apartment house or multiple dwelling, the adequacy of usable open space, including recreational areas;
(f) 
Adequacy of the provision for the separate disposal of stormwater and sanitary wastes;
(g) 
Protection of adjacent properties against noise, glare, unsightliness, or other objectionable features.[2]
[2]
Editor's Note: Original § 99-34B(4), which immediately followed this section, was moved, without substantive revision of the original text, to create § 120-60 at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Action on the application. Within 62 days from the day an application is received, the Planting Board shall conduct a public hearing on the application and shall give notice thereof in accordance with § 274-a of the Town Law. Within 62 days after such hearing, the Planning Board shall render a decision to the Building inspector. If no decision is made by the Planning Board within the sixty-two-day period, the site plan shall be considered approved.
(a) 
Upon approving an application, the Planning Board shall endorse its approval on a copy of the plan and shall forward it to the Code Enforcement Officer who shall then issue a building permit to the applicant if the project conforms to all other applicable requirements.
(b) 
Upon disapproving an application, the Planning Board shall so inform the Code Enforcement Officer and he shall deny a building permit and certificate of occupancy to the applicant. The Planning Board shall also notify the applicant of its decision and its reasons for disapproval.
C. 
Review of average density development plans.
(1) 
The procedure to be followed in obtaining approval of an average density development shall be generally the same as that specified in Chapter 100, Subdivision of Land, of the Code of the Town of Rush for the review and approval of a proposed subdivision of land. The applicant shall submit at successive stages a sketch plan, preliminary plat and subdivision plat in accordance with the requirements of Chapter 100, Subdivision of Land. In addition, at each stage, the applicant shall provide the following information:
(a) 
Proposed number of dwelling units:
(b) 
Proposed reservations for parks, playgrounds, natural watercourses and other open spaces;
(c) 
A tabulation of the total number of acres in the proposed project and the percentage thereof designated for residential use, streets, parks, playgrounds, natural watercourses and other open space reservations;
(d) 
A computation of overall residential density per gross acre.
(2) 
In its review of a proposed average density development, the Planning Board shall take into consideration not only the design of the proposed development, including open spaces and their landscaping, but also the relationship of the proposed development to its surroundings to be sure that it will be in harmony with adjoining developments.
(3) 
An average density development shall not be approved as a subdivision plat by the Planning Board until after a public hearing has been held on the proposal in the manner specified in Chapter 100, Subdivision of Land, of the Code of the Town of Rush and in § 278 of the Town Law.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
In the event that the application of this procedure results in a subdivision plat showing lands available for park, recreation, open space, or other public purposes directly related to the plat, then the Planning Board as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assume the preservation of such lands for their intended purposes.
D. 
Special permits. The Planning Board shall hear and decide all applications for special permits. All uses listed as subject to a special permit authorized by the Planning Board are declared to possess characteristics of such unique and special form that each use shall be considered as an individual case in accordance with the following standards and procedures listed below. Special use permits for telecommunications towers and/or accessory facilities, however, shall also be subject to the specifications and conditions set forth in § 120-64 of this chapter.
[Amended 2-14-1997 by L.L. No. 1-1997; 5-13-1998 by L.L. No. 1-1998]
(1) 
General provisions. Special permits may be authorized by the Planning Board only upon satisfaction in each instance of such conditions as may be necessary to safeguard public health, comfort and convenience, and as may be required for the preservation of the neighborhood in which such building is to be placed or such use is to be conducted.
(2) 
Applications for special permits. Applications for special permits shall be filed with the Town Clerk, Such applications shall include a site plan, a detailed statement of the proposed use of the property and such maps, plans and specifications, or other information as may be required by the Planning Board. The site plan shall be drawn to scale and shall show: the location, dimensions and area of the site; the locations and heights of existing and proposed buildings; facilities for vehicular and pedestrian access and circulation; the layout of off-street parking space; types of pavement to be used; storm water drainage provisions; exterior lighting; and landscaping of the site, including appropriate screening measures for the protection of adjacent properties.
(3) 
Hearing on application. Before acting upon any application for a special permit, the Planning Board shall hold a public hearing thereon as soon as practicable after receiving an application.
(4) 
Determination.
(a) 
After considering the evidence presented at the public hearing and after making any further investigations that it deems advisable, the Planning Board shall decide whether or not to grant a special permit for the proposed use. The Board's decision shall be based upon a finding that the proposed use would or would not comply with specific requirements of this chapter, as well as the following general requirements:
[1] 
That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community.
[2] 
That the proposed use would not endanger or tend to endanger public health safety, morals or the general welfare of the community. In making such determination, the Board shall consider lot areas, land use density and spacing, type of construction, parking facilities, traffic hazards, fire hazards, offensive odors, smoke, fumes, noise and lights, the general character of the neighborhood, the nature and use of other premises, the location and use of other buildings in the vicinity and whether or not the proposed use will be detrimental to neighboring property.
[3] 
That the proposed use will be in harmony with the probable future development of the neighborhood, and will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(b) 
If the Planning Board determines that the proposed use would not comply with the requirements of this chapter, it shall deny the application. Otherwise, it may grant a special permit for the proposed use. In granting such a permit the Planning Board may attach such conditions and limitations as it considers to be desirable in order to insure results that will be consistent with the purposes of this chapter. The Clerk of the Planning Board shall notify the applicant and the Code Enforcement Officer of the decision made. If the application for a special permit is approved, the Code Enforcement Officer may issue a building permit to the applicant. If the Planning Board disapproves the application for a special permit, the Code Enforcement Officer shall not issue a building permit or certificate of occupancy to the applicant.
(5) 
Compliance with special permits. Any use for which a special permit has been granted shall in its operations and maintenance conform strictly to the description of the use as submitted in the application to the Planning Board, subject to any conditions or limitation that the Board may have attached in granting the special permit.
(6) 
Exceptions. The requirements for a special permit shall not apply to any use lawfully existing on the effective date hereof.
(7) 
Expiration. A special permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six months for any reason.
Except as the same may be inconsistent with, or prohibited by the provisions of law applicable to the New York State Uniform Fire Prevention and Building Code, all rights and powers including, but not limited to, the right of appeal and the right of review by certiorari as set forth by the laws of the State of New York applicable thereto are conferred and granted to any person or persons, officer, department, board or bureau of the Town, the Town Board, Board of Appeals, Town Clerk, or any of the officers or employees of the said Boards. In the event of any appeal or special application, the appellant or applicant shall pay all costs and expenses for publication, posting and notification incurred on such appeal or application.
A. 
It shall be the duty of the Code Enforcement Officer to enforce the provisions of this chapter or any determination of the Board of Appeals.
B. 
Failure to comply with any provision of this chapter shall be deemed a violation, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation.
[Amended 11-9-2005 by L.L. No. 2-2005]
C. 
In case of a violation of this chapter, the Town and its officers may, in addition to any other remedies specifically conferred by law or ordinance, institute any appropriate proceedings to prevent, correct or restrain any violation of this chapter.
The regulations, restrictions, use and boundaries provided in this chapter and the Official Zoning Map may be amended, supplemented, changed, modified or repealed in accordance with the provisions of the laws of the State of New York applicable thereto.
This chapter does not repeal, abrogate, impair or interfere with any restrictions, easements, covenants or agreements with which any premises in the Town of Rush are or may be burdened, except that whenever this chapter imposes greater restrictions upon the erection or alteration of a structure or the use of the premises, easements, covenants and agreements, the provisions hereof shall control.