Zoning Board of Appeals

The Zoning Board of Appeals holds regular meetings on the second Thursday of each month at 7:00 PM at the Rush Town Hall. The Zoning Board of Appeals (ZBA) is the first level of appeals for alleged hardship encountered in application of the Zoning Ordinance. It also grants special and/or temporary permits as authorized in the Zoning or other Town ordinances.

Many property owners can implement their plans for building new, or altering existing, houses, storage shed, etc., by applying for and receiving a building permit form the Building Inspector. Occasionally, however, the Building Inspector will discover that the proposed structure or its proposed location would violate one or more provisions of the Zoning Ordinance. When this occurs, the application for a building permit must be rejected. At this time there are two choices:

  1. Review provisions of the Zoning Ordinance and alter your proposal to comply. If the building Inspector agrees with your revisions, the building permit will be issued.
  2. Apply to the ZBA for a variance, special or temporary permit. The Zoning Ordinance recognizes that there will be instances in which full compliance with its provisions will be impossible. A public hearing is required.

Common problems coming before the ZBA involve:

  • The required set back of a structure from the front and side lot lines.
  • Non-conforming uses such as commercial activities in residential zones.

Other matters which require special and/or temporary permits issued by the ZBA include:

  • Erection of certain signs, decks, swimming pools, and fences/hedges.
  • Approval of certain uses of land/property permitted only after issuance of a special permit.

Zoning Map