Rush City Zoning Code
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.
(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. ACCESSORY APARTMENT ACCESSORY BUILDING; ACCESSORY STRUCTURE ACCESSORY USE BED-AND-BREAKFAST ESTABLISHMENT BELOW-REGULATORY CONCERN BOUTIQUE HOTEL BUILDING CANNABIS ON-SITE CONSUMPTION ESTABLISHMENT CANNABIS RETAIL DISPENSARY CLUB COMMERCIAL or BUSINESS COMMERCIAL VEHICLE CONDOMINIUMS COVERAGE DEMOLITION DISTRIBUTION CENTER DWELLING(1) (2) (3) (4) DWELLING, MULTIPLE(1) (2) (3) (4) (5) DWELLING UNIT EXPLICITLY PROHIBITED USE(S) FAMILY FLOOR SPACE GRADE LEVEL GRAVEL MINING(1) (a) (b) (c) (d) (e) (2) (3) (a) (b) (c) GROSS FLOOR AREA HARDSCAPE HEIGHT HEIGHT, MAXIMUM INDUSTRIAL or INDUSTRY or INDUSTRIAL USES INJECTION WELL LAND APPLICATION FACILITY LODGING HOUSE LOT LOT DEPTH LOT LINE, FRONT LOT LINE, REAR LOT LINE, SIDE LOT WIDTH MATERIAL ALTERATION MOBILE HOME MOVING NATURAL GAS NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION WASTES(1) (a) (b) (c) (d) (e) (f) (g) (h) (2) NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION WASTES DISPOSAL/STORAGE FACILITY NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION WASTES DUMP NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES NATURAL GAS AND/OR PETROLEUM SUPPORT ACTIVITIES(1) (2) (3) (4) (5) (6) (7) NATURAL GAS COMPRESSION FACILITY NATURAL GAS PROCESSING FACILITY NONCONFORMING USE OPEN SPACE PERSON PUBLIC UTILITY RADIATION RADIOACTIVE MATERIAL SETBACK, FRONT SETBACK, REAR SETBACK, SIDE STORY, HEIGHT OF STRUCTURE SUBSURFACE SWIMMING POOL TOWNHOUSE DWELLING UNIT TOWNHOUSE or ROWHOUSE CLUSTER TOWNHOUSE OR ROWHOUSE DEVELOPMENT UNDERGROUND INJECTION UNDERGROUND NATURAL GAS STORAGE USE VARIANCE VARIANCE, AREA VARIANCE, USE
The following words or phrases as used in this chapter are defined as follows:
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]
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]
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]
A commercial enterprise as part of a private residence which provides short-time (no more than 31 consecutive days) lodging with or without meals to overnight guests for a fee. Guest 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][Amended 7-24-2024 by L.L. No. 1-2024]
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]
A boutique hotel reflects and complements the architectural character of its immediate surroundings has no more than 20 rooms.
[Added 7-24-2024 by L.L. No. 1-2024]
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.
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]
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]
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.
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]
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.
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.
The area covered by all buildings on a lot, expressed as a percentage of the total lot area.
The removal of any structure or part thereof by any means other than acts of nature.
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]
A building containing not more than two dwelling units occupied exclusively for residential uses.
DWELLING, DETACHEDA building having two side yards.
DWELLING, ONE-FAMILYA building arranged for one dwelling unit.
DWELLING, TWO-FAMILYA building arranged for two dwelling units.
DWELLING, SEMIDETACHEDTwo 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.
A building containing three or more dwelling units.
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.
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.
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.
A building used or occupied as an old-age home.
Community residence.
One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
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]
One or more persons who live together in one dwelling unit and maintain a common household.
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.
The level where the finished grade of the ground intersects the foundation wall.
[Added 8-28-2013 by L.L. No. 3-2013]
Any of the following activities:
The extraction of overburden and minerals from the earth;
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);
The removal of such materials through sale or exchange, or for commercial, industrial or municipal use;
The disposition of overburden, tailings and waste at the mine location; or
Any combination of the above activities.
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.
For the purpose of this definition:
MINERALSAny 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.
OVERBURDENAll of the earth, vegetation and other materials that lie above or alongside a mineral deposit.
SPOIL AND TAILINGSHave the meanings given to them by Article 23 of the New York State Environmental Conservation Law or any similar or successor statute.
The sum of the gross horizontal 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.
[Amended 11-8-2023 by L.L. No. 8-2023]
The sum of paved or compacted driveway and parking areas, sidewalks, patios and any other structures which are not lawn or landscaping.
[Added 11-8-2023 by L.L. No. 8-2023]
The elevation above grade level.
The elevation of the highest point of the structure above grade level excluding such structures as flagpoles, church steeples, chimneys or other noncombustible objects.
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]
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]
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]
Any structure wherein three or more rooms are occupied for hire.
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.
The mean horizontal distance between the front and rear lot lines.
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.
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.
Any lot line which is not a front lot line or a rear lot line.
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.
Any change in an existing structure either by alteration or addition which changes the outside lines of the structure or the current approved uses.
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.
Removal of any structure or part thereof from one location to another.
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]
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]
[Added 8-28-2013 by L.L. No. 3-2013]
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:
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;
Natural gas or petroleum drilling fluids;
Natural gas or petroleum exploration, drilling, production or processing wastes;
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);
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;
Soil contaminated in the drilling, transportation, processing or refining of natural gas or petroleum;
Drill cuttings from natural gas or petroleum wells; or
Any other wastes associated with the exploration, drilling, production or treatment of natural gas or petroleum.
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.
Any of the following:
[Added 8-28-2013 by L.L. No. 3-2013]
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]
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]
Any one of more of the following:
[Added 8-28-2013 by L.L. No. 3-2013]
Natural gas compression facility;
Natural gas processing facility;
Natural gas and/or petroleum extraction, exploration or production wastes disposal/storage facility;
Natural gas and/or petroleum extraction, exploration or production wastes dump;
Land application facility;
Underground injection; or
Underground natural gas storage.
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]
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]
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.
An area unoccupied by any building, structure or parking area, whether paved or unpaved.
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]
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]
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]
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]
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.
The shortest distance measured perpendicularly from the rear lot line to the nearest part of the main or accessory structure on the premises.
The shortest distance measured perpendicularly from the side lot line to the nearest part of the main or accessory structure on the premises.
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.
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]
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]
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.
A dwelling unit which is part of a townhouse cluster designed or used as living quarters for one family only.
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.
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.
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]
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]
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.
An area variance or a use variance, as the context may admit.
[Added 8-28-2013 by L.L. No. 3-2013]
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]
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.