Zoning, building permits and septic rules in Village of Rushville, New York

Village of Rushville’s own rules

• Building permitRequired

  New construction, structural alteration, demolition or change of use inside Rushville village

  • Permit issued by the code enforcement officer
  • Applicant not meeting the law is referred to the zoning board of appeals
  • Permit expires 6 months after issuance if not implemented
  • Change of use also requires planning board approval

  “prior to any new construction, structural alteration, demolition or changes in the use of a building or lot, or demolition of a structure, a building permit or zoning permit must be obtained from the code enforcement officer.”

• Building code adoptedAdopted

  Inside Rushville village; village CEO enforces NYS Uniform Fire Prevention and Building Code

  • Village also has Local Law 1-2008 on administration and enforcement of the code (title seen on village laws page; not opened).

  “the official designated by the village board of the village of rushville to enforce the provision of the local law, the new york state uniform fire prevention, building code in the village and watershed regulation.”

• InspectionsRequired

  Work under a village building permit inside Rushville village

  • Inspection on completion by the code enforcement officer; interim inspection schedule not found

  “at the time the applicant has completed the construction, alteration, demolition, or changed the use as is permitted in the permit, the code enforcement officer shall inspect the premises to determine if the requirements of the law and permit have been adhered to.”

• Certificate of occupancyRequired

  Erected or altered buildings and changes of use inside Rushville village

  • Issued by the CEO after finding compliance with the zoning law and NYS building codes

  “no land is to be used or occupied, and no building or structure which has been erected or altered is to be used or changed in use, in whole or in part, until a certificate of occupancy has been issued by the ceo”

• Local zoningPresent

  Land inside Rushville village

  • Amended by Local Law 2-2013 (listed on the village laws page; not opened).

  “the village board of rushville, ontario/yates county, new york, acting under authority of the village law of the state of new york, hereby adopts and enacts this law to be known and may be cited as "local law #2 of 2011, zoning law of the village of rushville."”

• Zoning districtsPublished

  Inside Rushville village: R-1, C-1, C-2, M-D and community service districts

  • Zoning map described in Article XXI

  “7.0 residential district (r-1) a. permitted principal uses b. permitted accessory uses and structures c. dimensional requirements”

• Minimum dwelling sizeSpecified

  Residential district R-1, dwelling unit, inside Rushville village

  • Other districts not determined

  minimum living space per dwelling unit: >= 900 sq ft

  “the dimensional requirements for this district are specified in the zoning schedule, which is part of the local law. the minimum living space for a dwelling unit shall be 900 square feet.”

• Minimum lot sizeSpecified

  Residential district R-1, single family principal structure, inside Rushville village

  • Zoning schedule text is garbled in extraction; first rows read as R-1 single family and two family (20,000 sq ft, 100' width, 150' depth). Verify against the PDF table.

  minimum lot area: >= 20000 sq ft · minimum lot width: >= 100 ft · minimum lot depth: >= 150 ft

  “minimum lot area lot size min width lot depth setbacks front rear side maximum bldg ht maximum lot coverage 20,000 sq ft 100' 150' 35' 30' 15' 35' 30%”

• SetbacksSpecified

  Residential district R-1, single family principal structure, inside Rushville village

  • Table reading garbled; column order lot area, width, depth, front, rear, side, height, coverage
  • Accessory structures: same front setback as principal, not closer than 6 ft to side or rear lines

  front setback: >= 35 ft · rear setback: >= 30 ft · side setback: >= 15 ft

  “minimum lot area lot size min width lot depth setbacks front rear side maximum bldg ht maximum lot coverage 20,000 sq ft 100' 150' 35' 30' 15' 35' 30%”

• Lot coverageSpecified

  Residential district R-1, single family principal structure, inside Rushville village

  • Table reading garbled; verify against PDF

  maximum lot coverage: <= 30 percent

  “maximum bldg ht maximum lot coverage 20,000 sq ft 100' 150' 35' 30' 15' 35' 30%”

• Building heightSpecified

  Residential district R-1, single family principal structure, inside Rushville village

  • Table reading garbled; verify against PDF
  • Height measured from mean ground level to highest ridge line, excluding chimneys, spires, towers, tanks

  maximum building height: <= 35 ft

  “maximum bldg ht maximum lot coverage 20,000 sq ft 100' 150' 35' 30' 15' 35' 30%”

• Manufactured homesLimited

  Manufactured housing units inside Rushville village (Article X)

  • Must bear HUD seal or NYS seal
  • Building permit from the CEO before placement
  • Occupancy permit after inspection; violations not remedied within 90 days bar occupancy
  • Parks of 2+ units need a special use permit

  “prior to the location of a manufactured housing unit within the village of rushville, a building permit shall be obtained from the village code enforcement officer.”

• Short-term rentalsLimited

  Tourist homes/bed and breakfast in R-1 inside Rushville village

  • Special use permit from planning board, issued by CEO
  • B&B defined as owner-occupied, max 10 lodgers, max 5 bedrooms
  • General short-term rentals not otherwise addressed

  “the following uses may be permitted: provided that a special use permit is approved by the planning board, and issued by the ceo: e. 1. single-family conversions to a two family dwelling. 2. public and semi-public uses and buildings. 3. tourist homes/bed and breakfast uses.”

• Permit feesVariable (with conditions)

  Zoning and building permit fees inside Rushville village

  • Amounts not in the law; set by board resolution filed with the village clerk

  “fees shall be established from time to time by resolution of the village board of trustees, which upon adoption shall be filed with the village clerk.”

• Permit processPublished (with conditions)

  Permits inside Rushville village

  • Application needs survey map, site plan, deed at CEO discretion
  • Special uses need planning board review and public hearing
  • Permit posted on premises during work

  “a building permit for a permitted use or structure, may be issued by the code enforcement officer, on his own authority, if the application meets the requirements of law.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Village of Rushville or Yates County directly.

• Owner-builder exemption — Owner-builder work inside Rushville village
• Living in an RV — RV occupancy inside Rushville village
• Camping on your land — Inside Rushville village
• Tiny homes — Inside Rushville village
• Accessory dwellings — Inside Rushville village

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.