Busti Zoning Code

ARTICLE 91-100: SHORT TITLE AND PURPOSES
Section 91-101. Title
Pursuant to the authority conferred by Article 16 of the Town Law of the State of New
York and for each of the purpose specified therein, the Town Board of the Town of Busti,
County of Chautauqua and State of New York, does hereby enact the following Local
Law regulating and restricting the construction, location, size and use of buildings and
other structures and the use of land in the Town of Busti, outside of the corporation limits
of the Village of Lakewood.
Section 91-102.
This Local Law shall be known and cited as the "Town of Busti Zoning Code".
Section 91-103. General Intent
The intent of this Local Law is to establish comprehensive controls for the development
of land in the Town of Busti, outside of the Village of Lakewood, in order to promote and
protect the health, safety, comfort, convenience and general welfare of the people.
ARTICLE 91-200: INTERPRETATIONS AND DEFINITIONS
Section 91-201. Language
Except where specifically defined herein all words in this Local Law shall carry their
customary meanings. Words used in the present tense include the future, and the plural
includes the singular; the word "person" includes a corporation as well as an individual;
the word "lot" includes the word plot or parcel; the word "shall" is intended to mean
mandatory; "occupied" or "used" shall be considered as though followed by the words "or
intended, arranged or designed to be used or occupied". The word "includes" or the word
"including" shall not limit the term to the instances of the like kind and character.
Section 91-202. Definitions
Certain words and terms used in this Local Law are defined as follows:
ACCESSORY BUILDING OR USE - An accessory building or use is one which:
1. Is subordinate to and serves a principal building or principal use;
2. Is subordinate in area, extent or purpose to the principal building or principal

use served;
3. Contributes to the comfort, convenience, or necessity of occupants of the

principal building or the principal use served; and
4. Is located on the same lot as the principal building or the principal use served.
Signs, home occupations and farm stands are permitted only as accessory uses.
AGRICULTURE, LIMITED - The production of crops, plants, vines and trees.
AGRICULTURE, UNLIMITED - The production of crops, plants, vines and trees or the
keeping, grazing, or feeding of livestock for animal products (including serums), animal
increase or value increase; but not including the commercial feeding of garbage to swine
or other animals, the commercial feeding of poultry broilers, or laboratory animals such
as mice, rats, rabbits, etc.
APARTMENT HOUSE - A building arranged, intended or designed to be occupied by

three (3) or more families living independently of each other.
BUILDING - Any structure having a roof supported by columns or by four independent

non-party walls and intended for the shelter, housing or enclosure of persons, animals, or
chattel. The setback and yard requirements and other such aspects applicable to buildings
under this code are also applicable to free standing signs larger than eight square feet. In
matters of setback and required yards and other such respects, free standing signs larger
than eight square feet shall be regarded as buildings within the meaning of this Local
Law.
BUILDING AREA - The total of areas taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings or permanently covered patios
and porches; but, exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
BUILDING HEIGHT - The vertical distance measured from the average elevation of the
proposed finished grade at the front of the building to the highest point of the roof for flat
roofs, to the deck line of mansard type roofs, and to the mean height eaves and ridge for
gable, hip and gambrel type roofs.
BUILDING LINE - A line formed by the intersection of a horizontal plane of average

grade level and a vertical plane that coincides with the exterior surface of the building on
any side. In case of a cantilevered section of a building or projected roof or porch, the
vertical plane will coincide with the most projected surface. All yard requirements are
measured to the building line.
BUILDING SETBACK LINE - An established line within a property defining the

minimum required distance between the face of any structure to be erected and an
adjacent right of way.
BULK - Bulk is the term used to describe the size of buildings or other structures and
their relationship to each other, to open areas such as yards and to lot lines and includes:
the size, height and floor area of buildings or other structures; the relation of the number
of dwelling units in a residential building to the area of the lot (usually called density);
and all open areas in yard space relating to buildings and other structures.
BULKHEAD LINE - A line along a coast marking the limit to which wharves, docks,
piers, jetties and similar structures may be built.
BULKHEAD - A retaining structure of timber, steel, reinforced concrete and similar

material used for shore protection and harbor works.
CLUB - An organization catering exclusively to members and their guests, including

premises and buildings for recreational or athletic purposes, which are not conducted
primarily for gain, providing there are not conducted any vending stands, merchandising
or commercial activities except as required generally for the membership purposes of
such club.
COMMERCIAL DISTRICTS - Those districts mentioned in the Local Law where retail
sales establishments are permitted by right. Also those areas of Planned Unit
Development permitting retail sales established by right.
CUSTOMARY HOME OCCUPATION - Any use customarily conducted entirely within
a dwelling and by the inhabitants thereof, which use is clearly accessory and secondary to
the use of the dwelling for dwelling purposes and does not change the character thereof.
There shall be no exterior storage of materials or exterior evidence of such secondary use
other than a small nameplate no larger than 3 square feet. The conducting of a clinic,
hospital, dress shops, millinery shops, restaurants, kennels, tea rooms, tourist home,
animal hospital or similar use shall not be deemed to be a customary home occupation. A
customary home occupation shall emit no offensive noise, vibration, smoke, dust, odor,
heat or glare. There should be sufficient off-street parking provided by the homeowner.
Examples of customary home occupations include, but are not limited to: professional
offices of doctors, dentists, lawyers, insurance agents, brokers and salespersons, real
estate brokers and salespersons, veterinarians, engineers, architects, accountants, music or
dance studios, artist or photographer's studio, barbershops, beauty salons, dressmaking,
tool and small appliance repairs and sales, sporting goods sales and repairs, printing and
boarding houses.
DWELLING UNIT - One (1) or more rooms providing living facilities, including
equipment and provision for cooking for a single household including one or more
persons living as a family and wherein not more than two (2) people are sheltered and/or
fed for profit.
EATING AND DRINKING ESTABLISHMENT - Places where food and/or beverages

are prepared and/or sold for consumption on the premises or for take out, including
restaurants, tea rooms, cafeterias, bars, taverns and lunchrooms.
ESSENTIAL SERVICES - The erection, construction, alteration or maintenance by

public utilities, municipal or other governmental agencies, or gas, electrical, steam, water,
sewage and communications systems and facilities. Railroad trackage and facilities and
bus shelters shall also be considered as providing an essential service.
FAMILY - One (1) or more persons, related by birth, marriage or other domestic bond,
occupying a dwelling unit and living as a single, nonprofit housekeeping unit.
FLOOR AREA TOTAL - The sum of the gross horizontal areas of the floor or floors of a
building which are enclosed and usable for human occupancy or the conduct of business.
Said areas shall be measured between the inside face of exterior walls, or from the
centerline of walls separating two (2) uses. Said areas shall not include areas below the
average level of the adjoining ground, garage space or accessory building space.
GARAGES, PRTVATE - A secondary building used in conjunction with a primary

building which provides for the storage of motor vehicles and in which no occupation,
business or services for profit are carried on.
GARAGES, PUBLIC - Any garage other than a private garage, operated for gain,
available on a rental basis for the storage of motor vehicles, but not involved with the
supply of gasoline and oil.
GOVERNING BODY - The Town Board.
GREENBELT - An area or strip of land upon which no building, drive or other

improvement is located and upon which is a natural or landscaped vegetative cover.
HIGHWAY ACCESS POINT - The distance between any vehicular entrance or exit to
the street.
HOME ENTERPRISE OCCUPATION - A home occupation not falling within the scope
of "customary home occupation" as defined by this code, or by other relevant law,
consisting of one of the following uses: Monument sales, pet stores grooming of pets and
sales of pet accessories, antique and art shops, apparel shops, artists and photographers'
studios, public garages, barber and beauty shops, books and stationary stores, business
and machine sales and service, sales of food items but excluding the processing of food
except where the same is not sold on the premises, catalog stores, coin and stamp shops,
cosmetic sales, florist shops, furniture reconditioning and repair including upholstering,
hearing aid and eyeglass dispensing, hobby shops, jewelry and watch repair and sales,
leather goods sales, nurseries, greenhouses and garden supplies, repair services of
household items, tailor and seamstress shops, locksmith, electricians, plumbers,
carpenters, metalsmiths, sporting goods, craft shops, and uses which the Board of Zoning
Appeals finds are similar to those listed in this sentence. A home enterprise occupation
must be carried on in a dwelling unit of not more than one building of not more than 1500
square feet located on the same lot as the dwelling unit which lot shall have a minimum
lot area of 2 acres and a minimum lot width of 250 feet where a building which pre-exists
this Local Law is in excess of 1500 square feet the same may be utilized provided not
more than 1500 feet are utilized in the home enterprise occupation. The home enterprise
occupation must be carried on and owned by the person who occupies the dwelling unit.
Not more than two employees, in addition to those occupying the dwelling unit, may be
engaged in the home enterprise occupation. No business owned or carried on by a person
other than the person living in the dwelling unit shall be considered a home enterprise
occupation. The home enterprise occupation shall not change the residential character of
the lot. No exterior storage of materials or vehicles or exterior evidence shall be allowed
evidencing the existence of the home enterprise occupation other than a small nameplate
no larger than 3 square feet. A home enterprise occupation shall emit no offensive noise,
vibration, smoke, dust, odor, heat or glare. Sufficient parking shall be provided to insure
that no on-street parking is required. Barriers or screening including the planting of trees,
may be required by the Zoning Board of Appeals.
HOME OCCUPATION OF A RESTRICTED NATURE - One of the following uses:

professional offices of doctors, dentists, lawyers, architects, accountants, engineers, real
estate brokers or salespersons, insurance salespersons, and artist or photographer's
studios. Such use must be clearly accessory and secondary to the use of the dwelling
purposes and shall not change the character thereof. There shall be no exterior storage of
materials or exterior evidence of such secondary use other than a small nameplate no
large than three square feet. A home occupation of a restricted nature shall emit no
offensive noise, vibration, smoke, dust, odor, heat or glare and sufficient off-street
parking shall be provided.
HOSPITAL - Unless otherwise specified, the term hospital shall be deemed to include
sanitarium, preventorium, clinic, rest home, nursing home, convalescent home, and any
other care of ailments and shall be deemed to be limited to places for the diagnosis,
treatment or other care of human ailments.
HOSPITAL, ANIMALS - An establishment for the medical and/or surgical care of sick
or injured animals.
INDUSTRIAL DISTRICT - Those districts mentioned in this Local Law where industrial
uses are permitted by right. Also, to include areas of a planned unit development
permitting industrial uses and planned unit industrial developments (light and heavy).
JETTY - A pier or structure of stones, piles or the like, projecting into a body of water to
protect a harbor, or deflect the current
LOT - A parcel of land occupied, or designated to be occupied by one building and the
accessory building or uses customarily incident to it, including such open spaces as are
required by this Local Law.
LOT AREA - An area of land which is determined by the limits of the lot lines bounding
that area and expressed in terms of square feet or acres.
LOT CORNER - A parcel of land at the junction of and fronting on two (2) or more
intersecting streets.
LOT COVERAGE - That percentage of the lot area which is devoted to building area.
District regulations refer to the maximum percentage of the lot area devoted to building
area.
LOT LINE - Any line dividing one lot from another.
LOT WIDTH - The horizontal distance between the side lot lines measured at right
angles to its depth at the building line.
MARINA - A dock or basin providing secure moorings for boats and yachts and often
offering supply, repair and other facilities.
MOBILE HOME PARK - A tract of land used or intended to be used for the parking of
two (2) or more mobile homes, together with the necessary improvements and facilities
on the land.
MOTOR VEHICLE SERVICE STATION - Any area of land, including structures

thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including sale of motor vehicle accessories and which may
or may not include facilities for lubricating, washing, or otherwise servicing motor
vehicles, or facilities used for the painting thereof by any means, body and fender work,
or the dismantling or replacing of engines.
MOTOR HOME - Any piece of mobile equipment designed or constructed to be towed,

transported by a motor vehicle, or self-propelled and intended to provide sleeping
quarters or temporary shelter for seasonal travel or recreational purposes.
MUNICIPALITY - Shall mean the Town of Busti.
NONCONFORMING USE - A building, structure or use of land existing at the time of

enactment of this Local Law, and which does not conform to the regulations of this Local
Law as to use for the district for which it is situated.
OFFICE - A place which is used to conduct a business or profession and is occupied by a

physician, surgeon, dentist, lawyer or person providing similar services or in whose
office the functions of consulting, record-keeping and clerical work are performed.
OPEN SPACE - Common, or public, or private greens, parks or recreation areas,

including playgrounds, woodland conservation areas, walkways, trails, stream crossing
and drainage control areas, golf courses, swimming pools, tennis courts, ice skating rinks
and other similar recreational uses, but which may not include any such uses or activities
which produce noise, odor, glare, air pollution, fire hazards or other safety hazards,
smoke, fumes or any use or activity which is operated for a profit, or other things
detrimental to existing or prospective adjacent structures or to existing or prospective
development of the neighborhood.
PARKING SPACE - A required parking space shall be an area outside the street right-of-
way line not less than one hundred sixty-two square feet nor less than eight and one-half
feet wide by nineteen feet long, exclusive of access drives or aisles, ramps, columns,
accessible from streets or alleys and to be used for the storage or parking of passenger
automobiles or commercial vehicles under one and one-half ton capacity. Aisles between
parking spaces shall not be less than twelve feet in width when serving automobiles
parked at a forty-five degree angle in one direction nor less than twenty feet in width
when serving automobiles parked perpendicular to the aisles and accommodating two-
way traffic.
PERSON - Individual, partnership, corporation or association.
PLANNING BOARD - Unless otherwise designated the Planning Board of the Town of
Busti.
PUBLIC - Owned, operated or controlled by a governmental agency (Federal, State or

Local) including a corporation created by law for the performance of certain specialized
governmental functions, a public school district or service district.
RECREATION UNIT - See motor home.
RESIDENCE, SINGLE-FAMILY DETACHED - A detached building designed to

contain one-dwelling unit.
RESIDENCE, TWO-FAMILY - Either of the following:
1. A building having two side yards and accommodating but two dwelling units,
with on family living over the other.
2. A detached building containing two dwelling units separated by a party wall,

each having one side yard.
RESIDENCE, MULTI-FAMILY - A building used or designed for three or more

dwelling units including apartment houses, town houses and condominiums.
RESIDENTIAL DISTRICTS - Those districts mentioned in this Local Law where single-
family detached, two family and multi-family residences are permitted by right.
RESTAURANT - A restaurant is defined as any building, structure or facility in which

food is prepared or processed for sale to the general public, and where tables, chairs
and/or counters are provided for the consumption of prepared foods entirely within the
walls of the principal structure; also for purposes of this Local Law, the term "restaurant"
includes a food establishment which permits, encourages or otherwise allows the
consumption of prepared food products on the site of the establishment outside the
principal walls of the structure or in vehicles parked on the premises.
SECTION - Unless otherwise noted section and section numbers shall refer to this Local
Law.
SEMI-PUBLIC - Places of worship, institutions for the aged and children, nurseries, non-
profit colleges, hospitals, libraries, cemeteries and institutions of a philanthropic nature.
Also open space.
SIGN - Any structure or part thereof, attached thereto, or painted or represented thereon,
which shall display or include any letter, word, model, banner, flag, pennant insignia,
device or representation used for the purpose of bringing the subject thereof to the
attention of the public. The word sign does not include the flag, pennant or insignia of
any nation, state, city or other political unit, or any political, educational, charitable,
philanthropic, civic, professional, religious or like organization of the property thereof.
SIGN, AREA - The area defined by the frame or edge of a sign. Where there is no
geometric frame or edge of the sign, the area shall be defined by a projected, enclosed
four-sided (straight sides) geometric shape which most closely outlines the said sign.
Only one side of a sign shall be used in measuring area.
SIGN, ADVERTISING - A sign which offers services or goods produced or available
somewhere other than on the lot on which the sign is located. The words "advertising
sign" include the word "billboard." Neither directional, warning or other signs posted by
public official in the course of their public duty shall be construed as advertising signs.
SIGN, BUSINESS - A sign for permitted use conducted on the premises which shall
identify the written name and/or type of business and/or any trademark of an article for
sale or rent on the premises or otherwise call attention to a use conducted on the
premises.
SIGN, IDENTIFICATION - A sign for a permitted use conducted on the premises or for
articles sold or distributed by that use, or displaying the name of the premises.
SIGN, INSTRUCTIONAL - A sign conveying instructions with respect to the use of the
premises or a portion of the premises on which it is maintained or a use of practice being
conducted on the premises.
SIGN, NAMEPLATE - Any sign attached directly to the wall of a building occupied by
the person to whom such sign indicated the name, occupation and/or address of the
occupant. A nameplate shall not be over three (3) square feet in size.
SIGN, TEMPORARY - A sign which offers premises for sale, rent or development; or
announces special events; or calls attention to new construction or alteration.
SPECIAL USE PERMIT (OR SPECIAL PERMIT) - A special use permit deals with
special permission, granted only by the Board of Appeals to occupy land for specific
purposes when such use is not permitted by right.
STORY - That portion of a building included between the surface of any floor and the
surface of the floor next above it, or if there is no floor above it, then the space between
any floor and the ceiling next above it.
STORY, HALF - A story under a gable, hip or gambrel roof, the wall plates of which, on
at least two opposite exterior walls, are not more than two feet above the floor of such
story.
STRUCTURE - Anything constructed or erected with a fixed location on the ground, or

attached to something having a fixed location on the ground including swimming pool.
THEATER, OUTDOOR OR DRIVE-IN - An open lot, or part thereof, with its

appurtenant facilities devoted primarily to the showing of motion pictures or theatrical
products to patrons seated in automobiles or on outdoor seats.
TOWN HOUSE - A dwelling unit designed to be occupied as a residence for one family
and one of a group of three or more attached dwellings, placed side by side, separated by
party walls, each containing one or two stories, and each from the outside.
TRACT - A large piece of land developed or to be developed as a single entity for two or
more units of use.
TRAVEL TRAILER - See Motor Home.
TRAVEL TRAILER PARK - A tract of land used for or intended to be used for the
temporary parking of two (2) or more motor homes, travel trailer, or campers, together
with necessary improvements and facilities on the land. The travel trailer park is intended
for recreational and temporary occupancy only and is to be exclusive of mobile homes
intended for permanent occupancy.
USE - Any purpose for which land or a building is designed, arranged, intended or for
which it is or may be occupied or maintained.
VARIANCE - Permissive waivers from the terms of the Local Law, as will not be
contrary to the public interest, where, owing to special conditions, a literal enforcement
of the provisions of the Local Law will result in unnecessary hardship, so that the spirit of
the Local Law shall be observed and substantial justice done and granted by the Board of
Appeals.
VEHICLE SERVICE STATIONS - A public or private garage, or other business, where

gasoline and oil are sold either at retail or wholesale.
YARD, FRONT - The area extending across the entire width of the lot between the
building, line or front main wall of a building and the front property line (street, or road
right-of-way line) and into which space there shall be no extension of building parts in
any district, or parking spaces including any enveloping wall, fence or hedge around the
parking area in any non-industrial or non-commercial districts.
YARD, REAR - The area extending across the entire width of the lot between the rear
wall of the principal building and the rear line of the lot, and unoccupied except for
parking, loading and unloading space and garages or carports.
YARD, SIDE - The area extending from the front yard to the rear yard between the side
wall of the principal building and the side line of the lot and unoccupied except for
parking, loading and unloading space and garages or carports.
ZONING OFFICER - It shall be his or her duty to issue building permits for construction
in complete conformity with the Local Law; issue permits for construction with variances
authorized by the Board of Appeals; issue permits for building construction and other
permits authorized by the Town Board; inspect new buildings during construction and
after completion to insure conformity with the plans submitted, the building permit and
the State Sanitary Code; report promptly to the Board of Appeals and to the Town Board
any violation of this Local Law; and to keep a complete and accurate record of permits
issued and non-conforming uses in existence.
ZONING BOARD OF APPEALS OR BOARD OF APPEALS - Shall mean the Zoning

Board of Appeals of the Town of Busti.
ARTICLE 91-300: ESTABLISHMENT OF DISTRICTS
Section 91-301. Type of Districts: Zoning Map
For the purpose of this Local Law, the Town of Busti (excluding the Village of
Lakewood) is hereby divided into the following districts:
CAMP Conservation/Agricultural/Mobil Home Park

CR Conservation/Residential
CA Conservation/Agricultural
SR Single-Family Residential
MR Multi-Family Residential
LC Lakeshore Commercial
HC Highway Commercial
I Industrial District
LMR Light-Manufacturing and Research and Development
GC Gateway Commercial
Section 91-302. Zoning District Boundaries
The aforesaid districts are shown, defined and bounded on a map entitled "Town of Busti
Zoning Map" adopted contemporaneously with this Local Law and certified by the Town
Clerk, which accompanied and which, with all explanatory material thereon, is made a
part of this Local Law. The Town Clerk, or such other person as may be designated by
the Town Board, shall make such changes on said map as directed by the Town Board.
The original said map shall be found in the office of the Town Clerk and shall be
available for public inspection. The districts referred to in Section 91-301 hereof are
bounded as follows:
1. CAMP - All that portion of the Town of Busti bounded on the north by
Sandstrom Road; on the west by the Town of Harmony; on the south by the State of
Pennsylvania; and an the east by Wellman Road
2. CR - All that portion of the Town of Busti which is not located within the MR,
LC, HC, I or LMR districts and which lies northerly of a line extending from west to east
across the Town of Busti as follows: Commencing at a point in the westerly town
boundary 500 feet southerly of the centerline of Demmings Road; running thence
easterly, parallel with Demmings Road, but 500 feet therefrom, to a point in the
centerline of Wellman Road which point is 500 feet from the intersection of the
centerline of Wellman Road with the centerline of Wellman Road with the centerline of
Demmings Road; running thence southerly to a point which is 500 feet southerly of the
intersection of the centerline of Wellman Road and the centerline of Cowing Road, but
500 feet southerly therefrom, to a point in the centerline of Southwestern Drive which
point is 500 feet southerly from the intersection of the centerline of Cowing Road; thence
northerly to a point in the centerline of Southwestern Drive and the centerline of Trask
Road; thence northeasterly along a line 500 feet southerly of Trask Road, but parallel
thereto, to a point 500 feet to the south of the southerly boundary of premises belonging
to Niagara Mohawk Corporation and utilized for the purpose of a 115 kilovolt electrical
power transmission line; running thence easterly 500 feet southerly from the southerly
boundary of said Niagara Mohawk Corporation premises, but parallel thereto, to the
easterly boundary of the Town of Busti. Also all that portion of the Town of Busti which
is bounded as follows: Commencing at a point constituting the intersection of the
centerline of Forest Avenue and Mitchell Road; running thence northerly 1000 feet along
the centerline of Forest Avenue to a point; running thence easterly parallel to Mitchell
Road, but 1000 feet northerly therefrom to a point in the centerline of South Main Street;
running thence southerly along South Main Street to a point constituting the intersection
of the centerline of South Main Street and the centerline of the Busti Stillwater Road;
running thence southerly to a point in the centerline of the Busti Stillwater Road 1000
feet southerly of the intersection of Mitchell Road and the centerline of Busti Stillwater
Road; running thence westerly 1000 feet from the centerline of Mitchell Road, but
parallel thereto, to the centerline of Forest Avenue; running thence northerly 1000 feet to
the point of beginning.
3. CA - All that portion of the Town of Busti which is not located in the CAMP,
CR, SR, LC, HC, 1, LMR or GC districts.
4. SR - All that portion of the Town of Busti which is not located within the HC
district and consisting of Section 26 as described on the Town of Busti tax map for the
year 1986 together with all those lots described on such tax map for such year as being
Section 11, Block 1, Lots 8, 9.1, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9.1, 9.9.2, 9.10, 9.11,
10, 11, 12, and 71.
5. MR - All that portion of the Town of Busti bounded on the north by

Chautauqua Lake; on the west by the Town of North Harmony; on the south by New
York State Route 394; and on the east by the westerly boundary of Section 1.7, Block 6,
Lot 13, as described on the Town of Busti tax map for the year 1986. Also, all that
portion of the Town of Busti bounded on the east by the Village of Lakewood boundary
line, bounded on the north by the southerly line of Rt. 394 to the easterly boundaries of
the Big Tree Sugar Grove Road, southerly to Conrail Railroad tracks, easterly to the
Village of Lakewood line; and also, all the portion of the Town of Busti bounded on the
east by Southwestern Drive on the north by the Village of Lakewood boundary line, on
the west by Section 2, Block 1, Lots 1, 2.2 and 23 on the south by Hunt Road to
Southwestern Drive.
6. LC - All that portion of the Town of Busti bounded on the north by Chautauqua
Lake; on the west by the west line of Section 17, Block 6, Lot 13 as described on the tax
map of the Town of Busti for the year 1986; on the south by New York State Route 396;
and on the east by the west line of Section 20, Block 1, Lot 31 of the aforesaid tax map.
7. HG - That Portion of the Town of Busti described as follows:
(a) Bounded on the north by New York State Route 396; on the west by
Fifth Avenue; on the south by a line parallel to and 250 feet south of
Route 394; and on the east by Big Tree Sugar Grove Road.
(b) On each side of Southwestern Drive, 250 feet, from the five corners of
the hamlet of Busti to the northerly boundary of Section 26 as described
on the tax map for the Town of Busti for the year 1986.
(c) On each side of the Busti Sugar Grove Road, 250 feet, from the five
corners of the hamlet of Busti to the intersection of the Busti Sugar Grove
Road and Lawson Roads.
(d) On the north side of Lawson Road, 500 feet from the Busti Sugar
Grove Road to the easterly boundary of Section 11, Block 1, Lot 10 on the
aforesaid tax map of the Town of Busti.
(e) On each side of Mill Road, 250 feet from the five corners to the
aforesaid Mill Road Bridge over Stillwater Creek on the east and on the
west to the southerly boundary of Section 26, Block 5, aforesaid tax map.
(f) On each side of Busti Stillwater Road, 250 feet, from the aforesaid five
corners to the westerly boundary of Section 11, Block 1, Lot 41 on the
aforesaid tax map and to the westerly boundary of Section 11, Block 1,
Lot 42.3 of the aforesaid tax map.
(g) On each side of Forest Avenue, 250 feet, from the aforesaid five
corners to the easterly boundary of Section 26 as described on the
aforesaid tax map.
(h) Bounded on the east by Fifth Avenue; bounded on the north by State
Routes 394 and 474; bounded on the west by Seventh Avenue
(undeveloped); bounded on the south by a line 250 feet southerly from
State Routes 394 and 474.
8. I - All that portion of the Town of Busti bounded on the north by Hunt Road;
on the west by a line parallel to and 250 feet easterly of Gleason Road and South Maple
Street; on the south by Baker Street Extension; and on the east by Big Tree Sugar Grove
Road.
9. LMR - All the tract or parcel of land bounded on the south by the Erie Railroad
and the Hunt Road, on the west by the Skeet and Gun Club tract, Section 1, Block 2, Lot
23, on the north by the Gleason Road, and on the east by the Big Tree Sugar Grove Road.
10. GC - That portion of the Town of Busti described as follows:
(a) Bounded on the east by the LC district (west line of Section 17, Block
6, Lot 13, tax map of 1986) bounded on the south by State Route 394;
bounded on the west by the center line of Vukote Road; bounded on the
north by a line 100 feet northerly of State Route 394.
(b) Starting at the intersection of State Route 394 and 474; running thence
northwesterly along the centerline of State Route 394 to a point
constituting the northwesterly boundary of parcel number Section 1.7,
Block 8, Lot 1, as described upon the Town of Busti Tax Map for the year
1990; running thence southerly along the westerly bounds of said parcel to
the southwest corner of the same; running thence southeasterly along a
straight line to a point constituting the southwesterly corner of a parcel
numbered Section 19, Block 1, Lot 15.2.1 upon said tax map; thence along
State Route 474 to the point or place of beginning.
Section 91-303. Boundary Interpretations
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as
shown on the Town of Busti Zoning Map, the following rules shall apply:
1. District boundary lines are either the center lines of streets, highways or
railroads or the boundary lines of tracks or lots or such lines extended unless otherwise
indicated.
2. Where district boundaries indicate that they are approximately parallel to the
center lines, or street lines, or streets, or the center lines or right-of-way lines of
highways, such district boundaries shall be construed as being parallel thereto and in such
distance therefrom as indicated on the zoning map. If no distance is given such dimension
shall be determined by the use of the scale on said zoning map.
3. Where the boundary of a district follows a stream, lake or other body of water,
said boundary line shall be deemed to be at the limit of the jurisdiction of the Town of
Busti unless otherwise indicated.
4. Where uncertainty exists in interpreting the precise location of any district

boundary line, the Zoning Board of Appeals shall interpret the intent and purpose of the
Zoning Map.
Section 91-304. Lots in More Than One District
Where a district boundary line divides a lot, the regulations for either portion of the lot
may, at the owner's discretion, extend to the entire lot, but not more than twenty-five (25)
feet beyond the boundary line of the district.
Section 91-305. Application of Provisions
Except as herein provided:
1. The regulations established by this Local Law within each district shall be
minimum regulations and shall apply uniformly to each class or kind of structure of land.
No building, structure or land, shall hereafter be used, and no building, structure or part
thereof shall be erected, moved or altered, unless for a use expressly permitted by and in
conformity with the regulations herein specified.
2. Any parcel of land with an area or width of less than that prescribed for a lot in
the district in which such lot is situated, which at the time of the adoption of this Local
Law was under one ownership and when the owner thereof owns no adjoining land, may
be used as a lot for any purpose permitted in the district without obtaining a variance
from the Zoning Board of Appeals, provided that all other regulations prescribed for the
district by this Local Law shall be compiled with. It is the intent of this Local Law that
any improvements constructed in violation of any pre-existing Zoning Ordinances or
Zoning Local Laws shall be in violation of this Local Law unless said improvements
conform in all respects to this Local Law.
ARTICLE 91-400: DISTRICT REGULATIONS
Section 91-401. Site Plan Review
A site plan shall he prepared and reviewed by the Planning Board in accordance with
Article 91-1400 of this Local Law prior to site development of any lot or lots or the
issuance of any development permit. Excluded from this requirement is a development
permit for a single family detached residential house or dwelling unit in any district
where permitted and for a two-family house in a CA (Conservation/Agricultural) CAMP
(Conservation/Agricultural and Mobil Home Park District), or MR (Multi-Family
Residential) District.
Section 91-410. CR - Conservation/Residential District
Any use not expressly permitted is hereby expressly excluded in a

Conservation/Residential (CR) District.
1. Uses permitted by right:
• Barns, stables and facilities for raising honey bees and birds (excluding fur farms
and slaughterhouses and feed lots).
• Forestry, lumbering and reforestation (excluding mill structures, manufacturing of
lumber and lumber/forestry products).
• Nurseries, orchards and greenhouses.
• Unlimited and limited agriculture (excluding cold storage or other warehousing)
including roadside stands only for the sale of agricultural products grown on the
property where sold.
• Single and two-family detached residential dwelling units (except mobile homes).
• Essential Services.
2. Permitted uses subject to securing a special use permit from the Town Board of the
Town of Busti:
None.
3. Permitted uses subject to securing a special use permit from the Zoning Board of
Appeals:
• Camps, game farms, fish hatcheries and fishing reserves.

• Home occupations of a restricted nature.
• Golf courses (not to include archery courses, rifle ranges, skeet facilities, hunting
reserves and other uses with similar safety hazards).
• Planned residential unit development and cluster unit residential development in
accordance with Sections 91-504 and 91-505 of this Local Law.
• Parks and administrative offices, but excluding the storage of road equipment,
garages and road materials.
• Wildlife sanctuaries, woodland preserves and arboretums.
4. Permitted accessory uses:
Accessory structures or uses, including detached private garage, garden house,

greenhouse, tool house and similar uses, for residents only.
Lot Limitations:
a. Minimum lot area: Two acres.

b. Minimum lot width: 250 feet.
c. Maximum lot coverage: 20 percent.
d. Minimum front yard dimension: 50 feet from highway.
e. Minimum side yard dimensions: 40 feet each.
f. Minimum rear yard dimensions: 50 feet.
g. Maximum building height: 2 1/2 stories (i.e. 40 feet).
h. Off-street parking:
Use Off-Street Parking Required

One-family dwelling Two spaces
Two-family dwelling Four spaces
Golf course Four spaces per hole
Other uses One space for each 250 square feet of gross floor space
Where property is served by a public sewer system the following lot limitations, which
shall not be reduced by provisions herein contained in Article 91-500 - CLUSTER AND
PLANNED RESIDENTIAL UNIT DEVELOPMENTS - SUBDIVISIONS, shall apply:
a. Minimum lot area: 1/2 acre

b. Minimum lot width: 125 feet
c. Maximum lot coverage: 25 percent
d. Minimum front yard dimension: 50 feet from highway
e. Minimum side yard dimensions: 15 feet each
f. Minimum rear yard dimensions: 50 feet
g. Maximum building height: 2 1/2 stories (i.e. 40 feet)
h. Distance from lake: 50 feet
i. Off-street parking:
Section 91-420. CA - Conservation/Agricultural District
Any use not expressly permitted is hereby expressly excluded in a

Conservation/Agricultural (CA) district.
• Animal hospitals, barns, stables and facilities for raising honey bees and birds (but
excluding fur farms, animal slaughter houses and feed lots).
• Nurseries, orchards and greenhouses.
• Unlimited and limited agriculture including cold storage or warehousing or
roadside stands for the sale of agricultural products grown on the property where
sold or stored.
• Essential services.
2. Permitted uses subject to securing special use permit from the Town Board of the
Town of Busti:
None.
3. Permitted uses subject to securing: special use permits from the Zoning Board of
Appeals:
• Camps, game farms, fish hatcheries and fishing reserves, dog kennels, radio and
television transmission facilities and towers, and utility distribution facilities.
• Customary home occupations.
• Home enterprise occupations.
• Outdoor recreational uses including tennis courts, picnic groves, golf courses, and
swimming facilities, but excluding archery courses, rifle ranges, skeet facilities,
hunting reserves and other uses with similar safety hazards.
• Public uses including schools, museums, parks, administrative offices, highway
garages and storage of road equipment and materials.
• Semi-public uses including churches.

greenhouse, tool house and similar uses for residents only.
5. Lot Limitations:
a. Minimum lot area: 2 acres.

e. Minimum side yard dimension: 40 feet each.
f. Minimum rear yard dimension: 50 feet.

Tennis Court Two spaces per court
Swimming Pool One for each 250 square feet of gross floor space
Section 91-430. Camp (Conservation-Agriculture and Mobil Home Park District)
Any use not expressly permitted is hereby expressly excluded in a Conservation

Agriculture and Mobile Home Park (CAMP) District.
• Animal hospitals, barns, stables and facilities for raising honey bees and birds (but
excluding fur farms, animal slaughter houses and feed lot).
• Unlimited and limited agriculture including cold storage or other warehousing or
roadside stands for the sale of agricultural products of this area.
2. Permitted uses subject to securing special use permit from the Town Board of the
Town of Busti:
• Mobile Home Parks.

• Construction and Demolition Landfills constructed in accordance with The Code
of the Town of Busti; Article 10 "Construction and Demolition Landfills" and
only located in that portion of the CAMP District bounded as follows: on the east
by Wellman Road; on the south by Pennsylvania; on the west by the Town of
Harmony; on the north by Kortwright Road.
3. Permitted uses subject to securing special use permits from the Zoning Board of
Appeals:
• Camps, game farms, fish hatcheries and fishing reserves, dog kennels; radio and
television transmission facilities and towers and utility distribution facilities.
• Customary home occupation.
• Outdoor recreational uses including tennis courts, picnic groves, golf courses and
swimming facilities, but excluding archery courses, rifle ranges, skeet facilities,
hunting reserves and other uses with similar safety hazards.
• Public uses including schools, museums, parks, administrative offices, highway
garages and storage of road equipment and materials.
• Semi-public uses including churches.

greenhouse, tool house and similar uses for residents only.
5. Lot Limitations:
a. Minimum lot area: 2 acres,

e. Minimum side yard dimension:
g. Maximum building height: 2 112 stories (i.e. 40 feet).
Tennis Court Two spaces per court
Swimming Pool One for each 250 square feet of gross floor space
Mobil Home Park Two spaces per unit
Section 91-440. SR - Single Family Residential District
Any use not expressly permitted is hereby expressly excluded in a Single Family
Residential (SR) District.
1. Uses Permitted by Right:
• Single and two-family detached residential units excluding mobile homes.

• Limited agriculture on lots less than 5 acres and unlimited agriculture on lots of
more than 5 acres.
• Public uses including schools, museums, parks and administrative offices, but
excluding the storage of road equipment, garages and road materials.
• Planned unit residential development and cluster residential development in
accordance with Section 91-504 and 91-505 of this Local Law.
2. Permitted Uses Subject to Securing a Special Permit From the Town Board of the
Town of Busti:
Semi-public uses including churches.
3. Permitted Uses Subject to Securing Special Use Permit From the Zoning Board of
Appeals:
Customary Home Occupations
4. Permitted Accessory Uses:
Accessory structures or uses, including detached private garage, garden house, tool
house, greenhouse and similar uses for residents only, and docks and boat-docking
facilities for private use.
5. Lot Limitations:
a. Minimum lot area: 1 acre.
e. Minimum side yard dimension: 20 feet.
g. Maximum building height: 2 1/2 stories (i.e. 40 feet),

Other uses One space for each 250 feet of gross floor space
Section 91-450. MR - Multi-Family Residential District
Any use not expressly permitted is hereby expressly excluded in a Multi-Family

Residential (MR) District.
• Multi-family residences (excluding apartments of more than three stories but not
more than 40 feet in height).
• Single-family detached residence (excluding mobile homes).
• Two-family residences.
• Limited agriculture on lots of less than 10 acres.
• Unlimited agriculture on lots of more than 10 acres.
• Public uses including schools, museums, parks and administrative offices.
Town of Busti:
None.
Appeals:
• Club, fraternal, lodge and meeting halls.

• Home occupation of a restricted nature.
• Nursing or convalescent home, or sanitarium.
4. Permitted accessory units:
No accessory uses are permitted in a multi family residential district except detached
garages and recreational facilities located to the rear of the principal building.
5. Lot Limitations:
a. Minimum lot area: 2 acres or 30,000 square feet per dwelling unit whichever is
greater.
d. Minimum front yard dimension: 50 feet from highway
e. Minimum side yard dimensions: 25 feet each
g. Maximum building height: 3 stories (i.e. not more than 40 feet).
h. Off street parking.
Use Off-Street Parking Space Required
Multiple dwelling Two for each dwelling unit
Rooming or boarding house Two, plus one for each roomer
Town house Two for each dwelling unit
School One for each employee

Nursing or Convalescent home or
One for each two beds, plus one for each employee
Sanitarium
Other uses One for each 250 square feet of gross floor space
HUD Section 202 housing One space for each residential dwelling unit but not less than 20 spaces
Where property is served by public sewer system the following lot limitations, which
shall not be reduced by provisions herein contained in Articles 91-500. CLUSTER AND
PLANNED RESIDENTIAL UNIT DEVELOPMENTS-SUBDIVISIONS shall apply:
a. Minimum lot area: 1/2 acre or 30,000 square feet per dwelling unit whichever
is greater.
e. Minimum side yard dimensions: 15 feet each.
g. Maximum building height: 3 stories (i.e. 40 feet).
h. Distance from lake: 50 feet.
i. Off street parking.
Use Off-Street Parking Space Required
Multiple dwelling Two for each dwelling unit
Rooming or boarding house Two, plus one for each roomer
Town house Two for each dwelling unit
School One for each employee

Nursing or Convalescent home or
One for each two beds, plus one for each employee
Sanitarium
Other uses One for each 250 square feet of gross floor space
HUD Section 202 housing One space for each residential dwelling unit but not less than 20 spaces
Section 91-460. LC - Lakeshore Commercial District
Any use not expressly permitted is hereby excluded in a Lakeshore Commercial (LC)
District.
• Establishments selling water recreational goods including bait, tackle water

recreational equipment and supplies, boats and boat equipment.
• Marinas.
• Boat repair and boat building facilities.
• Facilities for servicing boats.
• Stores selling food products.
• Eating and drinking establishments.
• Hotels, motels and over-night cabins.
• Boat houses, boat launches, piers, wharves, docks, bulkheads, jetties and similar
structures.
Town of Busti:
None.
Appeals:
Indoor and outdoor recreational facilities.
Outdoor storage of any of the items used or sold incident to a primary use; any accessory
use of building customarily incidental to a primary use when located on the same lot, but
excluding residential uses.
5. Lot Limitations:

e. Minimum side yard dimension: 12 feet on each side except when a side yard
abuts the lakeshore, in which case such side yard minimum distance shall be 50
feet from the lake.
f. Minimum rear yard dimension: 15 feet except where the rear abuts lakeshore in
which event such rear yard must meet a minimum dimension of 50 feet from the
lake.
Uses Off-Street Parking Space Required

Marinas 1 space for each boat slip
Any other use 2 spaces for each 250 square feet of gross floor space
6. Any of the uses permitted by right shall not protrude past natural shoreline at high
water level exclusive of piers, wharves, docks, bulkheads, jetties and similar structures.
Section 91-465. GC - Gateway Commercial District
Any use not expressly permitted is hereby excluded in a Gateway Commercial (GC)
District.
• Establishments selling water recreational goods including bait, tackle, water

recreation equipment and supplies, boats and boat equipment (excepting boat
storage).
• Gift and novelty stores.
• Hotels, motels, and bed and breakfasts.
• Florist shops.
• Nurseries.
• Antique and art shops.
• Artists studios.
• Ice cream shops.
2. Permitted uses subject to securing a special use permit from the Town of Busti:
None.
3. Permitted uses subject to securing a special use permit from tile Zoning Board of
Appeals:
Indoor and outdoor recreational facilities.
Any accessory use of building customarily incidental to a primary use when located on
the same lot, but excluding residential uses as well as outdoor storage.
5. Lot Limitations:

C. Maximum lot coverage: 45 percent.
e. Minimum side yard dimension: 20 feet each side.
Use Off Street Parking Space Required

All uses 2 spaces for each 250 square feet of gross floor space.
Section 91-470. HC - Highway Commercial District
Any use not expressly permitted is hereby expressly excluded in a Highway Commercial
(11C) District.
• Agriculture implements sale and service.

• Building materials, retail sales.
• Indoor and outdoor recreation facilities, including bowling alleys, theaters, pool
halls, dance halls, amusement centers, amusement parks, miniature golf and
driving ranges.
• Monument sales.
• Pet stores.
• Animal hospitals and shelters and dog kennels.
• Apparel shops.
• Automobile sales and automobile accessory stores.
• Bakery, confectionery and ice cream shops, including the baking and processing
of food products when prepared for retail use or sales on premises only.
• Banks and financial institutions.
• Barber shops, beauty shops, chiropodists and similar personal service
• Beverage stores including the sale of beer and liquor.
• Book and stationary stores including office, school and drafting supply.
• Bus and taxi terminals.
• Business machine sales and service.
• Business and technical colleges and schools.
• Catalog stores.
• Catering service.
• China and glassware stores.
• Cigarette and tobacco stores.
• Coin and stamp shops.
• Cosmetic sales.
• Department and variety stores.
• Drug stores.
• Feed and seed stores.
• Florist shops.
• Furniture and appliance sales and service, but not including assembly or
manufacture.
• Hardware, glass, paint and wallpaper stores.
• Hearing aid and eyeglass dispensing.
• Hobby shops.
• Home furnishing stores.
• Hotels and Motels.
• Interior Decorating Shops.
• Jewelry and Watch Repair Shops.
• Dental and medical laboratories and offices.
• Laundries, launderette, cleaning and pressing establishments.
• Libraries, museums and galleries.
• Leather goods and luggage stores.
• Locksmiths.
• Medical and surgical supply stores.
• Motor vehicle parking, terminals and storage, including parking and parking lots
for cars, trucks, buses and heavy equipment.
• Mortuaries and funeral parlors.
• Multi-family residences (excluding high-rise apartments of more than 2 1/2
stories).
• Music Stores.
• Newsstand.
• Nurseries, greenhouses and garden supplies.
• Offices.
• Off-street parking.
• Photograph studios.
accordance with Section 91-504 and 91-505 of the Town of Busti Zoning Code.
• Public uses including schools, museums, parks and administrative offices.
• Repair services of household items.
• Schools and places of instruction for music, dancing, reading, languages,
elocution and similar subjects.
• Shoe repair.
• Single-family detached residence (excluding mobile homes).
• Churches.
• Tailor and seamstress shops.
• Two-family residences.
• Watch and clock repair.
Town of Busti:
Motor vehicle service stations (including automobile painting, upholstery and body
shops).
3. Permitted uses subject to securing permit from the Zoning Board of Appeals:
Radio and television facilities and towers, clubs, fraternal, lodge and meeting halls.
Outdoor storage of any of the items relating to the primary uses hereinabove set forth in
this section and any accessory use or building customarily incident to a primary use when
located on the same lot. No residential uses are allowed.
5. Lot Limitations:
c. Minimum lot coverage: 45 percent.
d. Minimum front yard dimension: 50 feet.
e. Minimum side yard dimension: 1.2 feet each side.
g. Maximum building height: 2 stories (i.e. 32 feet)
Uses Off-Street Parking Required

Funeral Home Fifty for each viewing room
School conducted for profit One for each four seats
Hotel and Motel One for each rental unit
Eating and drinking establishments One for each 100 sq ft of gross floor space
Indoor recreation One for each 100 sq ft of gross floor space
Theater, concert hall One space for every 5 seats
One for each employee, plus one for each 125 square feet of
Vehicle service station
gross floor space
Other uses One for each 250 sq ft of gross floor space
Section 91-480. I - Industrial District
Any use not expressly permitted is hereby expressly excluded in an Industrial (I) District.
• Bottling works.
• Building materials sales yard.
• Building contractor shop.
• Carpenter and cabinet maker.
• Electronic and small parts assembly and/or manufacture.
• Laboratories and research facilities.
• Locksmith.
• Machine shops and machine repair shops.
• Manufacture, compounding, processing or treatment of such products as: Bakery
goods, confectioneries, cosmetics, dairy products, drugs, ice, perfumes,
pharmaceutical, toiletries and food products (except the following: fish,
sauerkraut, pickles, vinegar and the rendering of oils and fats).
• Manufacture, fabrication, compounding, treatment assembly, processing of
articles and merchandise from the following previously prepared materials:
cellophane, ceramics, cloth, film, fiber, glass, metal, wood, leather, paper and
paperboard, plastic, precious textiles or yarns.
• Metal smiths.
• Motor vehicle terminals and storage.
• Storage of materials, supplies and equipment.
• Upholstering.
2. Permitted uses subject to securing a special permit from the Town Board of the Town
of Busti:
None.
3. Permitted uses subject to securing a special use permit from the Board of Appeals:
None.
Any accessory use of building incidental to the primary use when situated on the same
lot.
5. Lot Limitations:

e. Minimum side yard dimension: 100 feet.
f. Minimum rear yard dimension 100 feet.

Warehousing One space for each 500 sq ft of gross floor area
Other Uses One space for each 250 sq ft of gross floor area
6. A 250-foot greenbelt must be maintained between any building in an industrial zone

and the Industrial district boundary line, or a collector or arterial road or right of way.
7. All permitted uses and activities must be conducted in an enclosed building in such a
manner that no fire hazard, radio activity, electrical disturbance, noise, vibration, dust,
smoke, odor, air pollution or glare maybe detected beyond the boundary lines upon which
the facility is located. Storage of new materials, component parts, finished products and
waste material must be within an enclosed building.
Section 91-490. LMR - Light Manufacturing and Research and Development

Any use not expressly permitted is hereby expressly excluded in a Light Manufacturing
and Research Development (LMR) District.
• Bottling works.
• Building Contractor shop.
• Carpenter and cabinet maker.
• Commercial services to industry and not to general public.
• Consultation and professional services and offices.
• Electronic and small parts assembly and/or manufacture.
• Laboratories.
• Machine shops.
• Manufacture, fabrication, compounding, treatment assembly, processing of
articles and merchandise from the following previously prepared materials:
cellophane, ceramics, cloth, film, fiber, glass, metal, wood, leather, paper and
paperboard, plastic, precious textiles or yarns.
• Metal smiths.
• Processing of goods by machine and hand.
• Research and testing facilities.
2. Permitted uses subject to securing a special use permit from the Town Board:
None.
3. Permitted uses subject to securing a special use permit from the Board of Appeals:
None.
Any accessory use of building customarily incidental to the primary use when situated on
the same lot.
5. Lot Limitation:

e. Minimum side yard dimension: 50 feet each.
Warehousing One space for each 500 sq ft of gross floor area
Other Uses One space for each 250 sq ft of gross floor area
6. All permitted uses and activities in the Light Manufacturing and Research and
Development District must be conducted in an enclosed building in such a manner that no
fire hazard, radio activity, electrical disturbance, noise, vibration, dust, smoke, odor, air
pollution or glare maybe detected beyond the boundary lines upon which the facility is
located. Storage of new materials, component parts, finished products and waste material
must be within an enclosed building.
7. A 100-foot greenbelt must maintained between any building in a LMR (Light

Manufacturing and Research Development) zone and the LMR zone or a collector or
arterial road or right of way.
ARTICLE 91-500: CLUSTER AND PLANNED RESIDENTIAL UNIT
DEVELOPMENTS - SUBDIVISIONS
Section 91-501. Purpose
1. The purpose of the procedures, standards and controls of the cluster residential
development is to provide a means to take advantage of natural physical features of an
area by permitting reductions in bulk and area requirements for individual lots and
providing compensatory areas of open space ancillary to dwelling units.
2. The purpose of the procedures, standards and controls of planned unit residential
development is to encourage innovation in residential development which will provide
housing of greater variety in type, design, and site planning incorporating the
conservation of maximum open space ancillary to said housing units. Design is primarily
achieved through the basis of overall density of a given number of dwelling units per
acre.
Section 91-502. Procedure
1. Application for establishment of cluster and planned unit residential developments

shall be made to the Zoning Officer. The Zoning Officer shall refer the application to the
Planning Board for consideration.
2. The Planning Board shall require the applicant to submit documentation indicating
conformance to all designs and improvements required by this Local Law. Such
documentation shall include, but not be limited to the following:
a. Overall development plans showing: Kind, location, occupancy capacity of

structures, bulk and uses;
b. General floor plan of buildings: Location and identification of open spaces,

streets and all other means for pedestrian and vehicular circulation, parks, recreational
areas and other non-building sites; Provisions for automobile parking and loading;
c. General Landscape Plan: General location and nature of public and private
utilities (including underground utilities) and other community facilities and services
(including maintenance facilities).
d. Other information: The applicant shall include such other pertinent information
as the Planning Board shall prescribe.
e. Written statements of:
(1) Facts concerning the suitability of the site, the proposed density, the
location and proposed uses and facilities for development in accordance
with the provisions of this Local Law.
(2) Purposes showing proposed provisions to be made for services,
maintenance and continued protection of the cluster and planned
residential unit development and adjoining territory.
(3) Disposition of open-space lands and provisions for maintenance and

control of the open-space land; financial responsibility for such open-
space land must be clearly indicated.
(4) Phasing of construction of timing regarding each development area.
(5) The applicant shall include such other pertinent information as the
Planning Board shall prescribe.
3. In reaching its decision on the proposed development, the Planning Board shall
consider, among other things, the need for the proposed use in the proposed location, the
existing character of the neighborhood in which the use would be located and the
safeguards provided to minimize possible detrimental effect of the proposed use on
adjacent property.
4. The Planning Board shall within sixty (60) days of receiving such application, approve,
approve with conditions or disapprove the application; and shall report its decision to the
Zoning Board of Appeals.
5. If the application is approved, or approved with conditions, the Zoning Board of

Appeals shall set a date for a public hearing in regard to the granting of a special use
permit and a notice of such hearing shall be published in the town's official newspaper no
earlier than twenty (20) days and no later than ten (10) days before the date of such
public hearing. No affirmative action may be taken on any application that is disapproved
by the Planning Board. At the time of the public hearing, the applicant must present to the
Zoning Board of Appeals an affidavit certifying that written notice of the public hearing
was given by the application to all owners of real property, as shown on the latest
completed assessment roll, within five hundred feet of the premises for which a permit is
sought. Such notice must be given no earlier than twenty (20) days and no less than ten
(10) days before the date of such public hearing.
6. The Board of Zoning Appeals shall not issue a special use permit for a cluster
residential development or a planned unit residential development unless:
a. The terms of such permit are consistent with the approval or approval with
conditions made by the Planning Board; and
b. The Zoning Board of Appeals finds the application to be consistent with the
standards for either a cluster residential development or planned unit residential
development as set forth in this Article; and
c. The application conforms with all provisions for the district in which said use is
to be permitted exclusive of those which may be varied by the terms of this Article.
Section 91-503. Overlap Districts
In the event cluster or planned unit: development is proposed on a tract or parcel of land
under the requirements and regulations of two applicable zoning districts, the
requirements of the most restrictive district shall prevail.
Section 91-504. Cluster Residential Development
1. Any owner of not less than five contiguous acres of land located in a district permitting
cluster residential development may request in writing to the Zoning Officer that the
regulations of cluster residential development apply to this property.
2. Uses permitted shall be uses permitted in the district in which the cluster residential
development is located.
3. The regulations of the district in which the cluster residential development is located
shall be observed and maintained with the following exceptions:
a. The minimum lot area as established in the district in which the cluster
residential development is located may be reduced by twenty percent;
b. The minimum lot width at the building line may be reduced by ten percent;
c. The minimum front yard may be reduced to not less than 35 feet;
d. The minimum rear yard may be reduced by not more than five feet where the
lot abuts common open-space land;
e. The maximum lot coverage shall be increased by no more than five, percent of
the resulting lot area;
f. The minimum side yards may be reduced by not more than 20 feet per side;
g. All lots within the planned residential area shall face and be serviced by
existing or new streets constructed within the planned residential site boundaries, but
shall not face on collector-type or arterial, types streets;
h. Open space land shall be set aside for the common use and enjoyment of all
residents in the cluster residential development. In general, the land set aside for
permanent open-space shall be the area differential between the regulations and
requirements of the district and Section 91-504 of this Local Law. Access to the open
space lands must be convenient to all residents.
Section 91-505. Planned Unit Residential Development
1. Any owner of not less than ten continuous acres of land in a district permitting planned
unit residential development may request in writing to the Zoning Officer that the
regulations of planned unit residential development apply to his property.
2. The following uses are permitted in a planned unit residential development:
a. Single family detached residences excluding mobile homes.
b. Two family residences.
c. Multi-family residences, including two houses and apartment houses.
d. Open-space designed primarily for the benefit of the residents of the planned
unit residential development.
e. Public and semi-public uses.
f. Essential services.
g. Uses accessory to the above with the exception that home occupations are not
permitted.
3. Within a planned unit residential development the following percentage of the total
land area shall be devoted to the specified uses:
a. A maximum of eighty percent (80%) for the residential uses and other uses
permitted, excluding the common and public open-space and the spaces devoted to streets
and parking within and exclusively servicing such open space or recreation use. Said
maximum shall include all of the recreational, playground and athletic activity areas
which are part of a school's site.
b. A minimum of twenty percent (20%) for common or public open space. This
area shall include space devoted to streets and parking, provided such facilities are within
and service exclusively to open-space area.
4. Within the planned unit residential developments the following regulations shall apply:
a. The overall density of the land within the planned unit residential development
shall not exceed dwelling units per acre as stated under the regulations for the district in
which the development is located.
b. Areas designated for multi-family residences shall be developed at a density

not to exceed eighteen dwelling units per acre.
c. In residential areas, streets shall be designed as to discourage through traffic.
d. Open-space land shall be set aside for the common use and enjoyment of all
residents of the area. Open space must be designed so that access to the open-space lands
must be convenient to all residents of the planned unit development.
e. No building shall exceed fifty feet in height in residential areas.
f. The minimum front-yard requirement shall be 35 feet for the multi-family

residences and 35 feet for all other types of residences.
g. Residential buildings shall be designed as to avoid monotonous patterns of

construction or repetitive spaces or modules between buildings.
6. Additional requirements that apply to town houses and apartment houses:
a. There shall be no continuous group of two houses consisting of more than

seven dwelling units.
b. For the purpose of avoiding developments resembling what have been

customarily referred to as "Row Houses," there shall be within any continuous group of
town houses, at least three different architectural plans having substantially different
designs, building materials and exterior elevations. In addition, no more than three
continuous town houses shall have the same front setback and the variations in front
setbacks shall be at least four feet.
c. The length of the apartment house shall not exceed four times its width.
7. The following regulations shall apply to sewage disposal and water:
a. No on-lot sewage disposal system shall be permitted. All sewage shall be

discharged into a central sewage system.
b. All areas of the planned unit development shall be connected to a central water
supply system.
ARTICLE 91-600: SPECIAL USE PERMITS
Section 91-601. Special Use Permits from the Town Board
The following uses are permitted by a special permit from the Town Board of the Town
of Busti:
A. Vehicle service stations: Vehicle service stations shall be allowed in a Highway

Commercial (HG) District on securing a special permit from the Town Board of the
Town of Busti provided that:
1. Applicants for a special use permit to operate a vehicle service station shall
submit the following:
a. Name, address, telephone number of the applicant.
b. A map showing the location of the premises for which such permit is
sought and the existing or proposed location of the structures, including all
underground tanks and storage items upon the premises.
c. Name of the person, firm, corporation or association which will operate

the vehicle service station if the permit is granted.
d. Such other information as the Town Board shall request in order to

have all facts necessary to render a decision.
2. Upon the receipt of such application and any necessary supplementary

information, the Town Board shall set a date for a public hearing in regard to the
granting, of such permit, and a notice of such public hearing shall be published in the
official town newspaper no earlier than twenty (20) days and no later than ten (10) days
before the date of such public hearing.
3. At the time of the public hearing, the applicant must present to the Town Board
an affidavit certifying that written notice of the public hearing was given by the applicant
to all owners of real property as shown on the latest completed assessment roll within
five hundred feet of the premises for which a permit is sought. Such a notice must be
given no earlier than twenty (20) days and no less than ten (10) days before the date of
such public hearing.
4. No permit shall be granted for the operation of a vehicle service station unless
the following requirements are complied with:
a. No motor vehicle service station shall have a vehicular entrance closer

than 200 feet to the entrance of a church, school, theater, hospital, public
park, playground, library, public administrative building or fire station,
such measurement shall be taken as the shortest distance between such
entrances across the street if the entrances are on opposite sides of the
street, and along the street frontage of both entrances where both entrances
are on the same side of the street within the square block.
b. All motor vehicle service stations shall be so arranged and all gasoline
pumps shall be so placed as to require all servicing on premises and
outside of the public right of way; no gasoline pump shall be placed closer
to any side property line than 50 feet and no closer to any street or
highway than 35 feet.
c. All fuel, oil or similar substance shall be places at least 35 feet from any
street or lot line. Underground gasoline tanks shall be located at least 35
feet from any street or highway right of way.
d. A vehicle service station shall not be located within 100 feet of a

residential district. The measurement shall be from the closest lot line to
the closest lot lines.
e. No vehicle service station shall be located on any lot of any area less
than 1/2 acre and a continuous street frontage of not less than 150 feet.
f. No junk shall be stored on the outside. Inoperative or disabled vehicles

shall be placed on the premises for no longer than three weeks and in no
event shall more than four such vehicles be placed on the premises at any
one time.
g. There shall be no outside storage of supplies, tires, drums, motors and

motor parts, except within a closed structure or fence which shall render
such items not to be visible from off the property.
5. In addition to meeting the aforesaid requirements, before a permit may be

issued, the Town Board must find that the public convenience and welfare will be
substantially served and the appropriate use of the neighboring property will not be
injured thereby and that the granting of a permit, is in the best interest of the Town of
Busti and its inhabitants.
B. Mobile Home Parks: Mobile Home Parks shall be permitted in CAMP

(Conservation/Agricultural Mobile Home Park District) on securing a special permit from
the Town Board of the Town of Busti provided that:
1. Any person, as of January 1, 1982, operating a mobile home park may continue
to do so without, obtaining a special permit. Any such person or any person claiming a
nonconforming use to operate such a mobilee home park, may, by providing sufficient
proof of such prior operation of such nonconforming use, obtain a certificate of prior use
from the Zoning Officer. Any such person denied a certificate of prior use from the
Zoning Officer may appeal such denial from the Zoning Board of Appeals which may
issue such certificate if such right to such certificate is established. Any mobile home
park which is discontinued for one year shall not be resumed by any person without the
issuance of a special use permit.
2. Applicants for a special use permit to operate a mobile home park shall submit
the following:
a. The name and address of the applicant.
b. The interest of the applicant in a mobile home park.
c. The location and legal description of the mobile home park, including a
map showing the physical characteristics of the property, including
typography, vegetation and wetlands.
d. Complete plans and specifications of the proposed park showing:
(1) The area and dimensions of the land;
(2) The number, location and size of all mobile home lots;
(3) The location of service buildings and any other proposed

structure;
(4) The location and width of roadways and walkways;
(5) The location of water and sewer lines and riser pipe and
approved plans from County Department of Health and State
Department of Environmental Service for sewage disposal;
(6) Plans and specifications for all buildings constructed or to be

constructed within the mobile home park;
(7) Plans and specifications as to the water supply, refuse and

sewer disposal facilities;
(8) The locations and details of lighting and electrical systems;
(9) The phasing of the development, if any;
(10) Such other information as may be required by the Town

Board to properly effectuate the purpose of this Local Law.
3. All applications shall be accompanied by an application fee of Fifty Dollars

($50.00) (non-refundable).
4. Upon the receipt of such application and any necessary supplementary
information, the Town Board shall set a date for a public hearing in regard to the granting
of such permit and a notice of such public hearing shall be published in the official town
newspaper no earlier that twenty (20) days and no later than ten (10) days before the date
of such public hearing.
an affidavit certifying that written notice of the public hearing was given by the applicant
to all owners of real property, as shown on the latest completed assessment roll, within
five hundred feet of the premises for which said permit is sought. Such notice must be
given no earlier than twenty (20) days and no less than ten (10) days before the date of
such public hearing.
a statement from fifty percent of the owners of real property as shown on the latest
completed assessment roll, within five hundred feet of the subject premises, that such
owners are in favor of granting such permit to the applicant. Such statement must be
sworn and subscribed to by a notary public. (Such approval may not be required with
renewal of application).
7. No permit shall be granted for the operation of a mobile home park unless the
following basic requirements are complied with:
a. A mobile home park shall not be established or created, except on a

tract of land used or intended to be used for the parking of not less than
twenty (20) mobile home units nor more than sixty (60) mobile home units
together with the necessary improvements and facilities upon the land.
b. Each mobile home lot shall meet the area and bulk requirements of the
district in which it is located, except that the minimum lot area shall be
8,250 square feet for each mobile home unit, the minimum lot width for
each mobile home unit shall be 75 feet; the maximum lot coverage shall
be thirty-five percent of each mobile home lot, the minimum front
dimension for each mobile home lot shall be twenty-five feet; the
minimum side yard dimension for each mobile home lot shall be fifteen
feet each; the minimum rear yard dimension for each mobile home lot
shall be twenty-five feet; and the maximum building height shall be one
story.
c. No mobile home unit within any mobile home park shall be placed
closer than 100 feet to any highway or public right of way.
d. No mobile home shall be placed in any mobile home park until all
facilities required pursuant to this Section for at least twenty (20) mobile
homes shall have been installed.
e. Each mobile home park shall be surrounded by a landscaped greenbelt
for at least fifty feet from each lot line, which distance shall not be
computed in meeting the area and bulk requirements.
f. Interior drives shall be designated so as to prevent blockage of vehicles

entering or leaving the mobile home site. Drives may be one-way or two-
way. All access ways to any public street or highway shall be located at
least two hundred feet from the intersection or any street lines and shall be
designated in a manner conducive to safe ingress and egress.
g. All mobile home lots or berths shall abut on a road with a right of way
of at least fifty feet having a paved all-weather cartway of not less than
twenty feet in width for a two-way street and not less than fifteen feet in
width for a one-way street.
h. A recreational area equal to at least four hundred square feet for each
mobile home berth shall be set aside and improved according to an
improved recreation plan and shall not be located in any required set
backyard or buffer area. The recreation plan shall be approved by the
Town Board.
i. Each mobile home, lot or berth shall contain a mobile home stand which
will not heave, shift or settle unevenly under the weight of any mobile
home as a result of any frost action, poor drainage, vibration or any other
such forces. The material used in constructing the stand shall be durable
and capable of supporting the expected load regardless of the weather.
Reinforced concrete runways are recommended, by well-compacted gravel
or bituminous concrete materials properly used are suitable.
j. Exposed ground surfaces in all parts of every mobile home park shall be
paved or covered by stones, screens or other solid materials or protected
with a vegetative growth that is capable of preventing soil erosion and
eliminating dust.
k. All waste from showers, bathtubs, flushed toilets, urinals, lavatories,

washing machines and slop sinks in service and other buildings shall be
discharged into a sewage system approved by the Chautauqua County
Health Department or its successor.
l. Each mobile home owner shall be required to enclose the bottom portion
of the mobile home with either a metal, plastic or wood skirt properly
ventilated within sixty days after arrival in the park pursuant to regulations
of the park.
m. All fuel, oil, storage tanks or cylinders shall be securely fastened in

place and shall be located in the rear of the mobile home, not facing the
driveway or public highway, and not located less than five feet from any
mobile home exit. Supports or standards for fuel oil storage tanks must be
of a noncombustible material.
n. Fire shall be allowed in stoves, the incinerators and other equipment

specifically designed for such purpose. Open fires are not permitted.
o. All mobile homes, service and accessory buildings, shall be connected

to a central water system. Fire hydrants, if any, shall be located at least
five hundred feet from any mobile home, service building or any other
accessory structure.
p. Each mobile home berth shall be provided with an approved electrical

system. Underground cables shall be required.
q. A mobile home shall not be occupied for dwelling purposes unless it is

properly placed on a mobile home stand and connected to water, sewage
and electrical facilities.
8. The person to whom a permit for a mobile home park is issued shall operate the
park in compliance with this Local Law and shall notify park occupants of all applicable
provisions of this Local Law.
9. A special use permit granted to a person for the purpose of establishing a

mobile home park shall be valid for a period of three years from issuance and may be
renewed by the Town Board upon application of the person to whom such permit is
issued, after a public hearing is held, for which a notice of such hearing shall be
published in the official newspaper of the town not earlier than twenty (20) days and not
later than ten (10) days from the date of such hearing.
10. Failure to comply with the provisions of this section shall constitute a basis
for revocation by the Town Board of any permit granted hereunder. However, no special
use permit for a mobile home park shall be revoked unless the person to whom it is
issued shall have had an opportunity to be heard by the Town Board and the Town Board
shall issue findings consistent with its decision.
C. General Provisions Applicable to this Section:
1. No permit issued hereunder may be signed or assumed by any person,

corporation, partnership or association.
2. Before any use or development shall commence after the issuance of a permit
hereunder, the person to whom such permit is granted shall provide evidence to the
Zoning Officer that the permit has been filed in the County Clerk's office under
Miscellaneous Records.
3. No permit may be issued hereunder for a period of more than three (3) years.
Section 91-602. Special Use Permits from the Zoning Board of Appeals
1. Uses permitted in districts subject to the issuance of a special use permit by the Zoning
Board of Appeals as set forth in Article 91-400 shall be permitted only in conformity
with:
A. The provisions prescribed hereunder for each special use permit; and
B. All other applicable provisions for the district for which said use is permitted
unless such provision are waived by the Zoning Board of Appeals; and
C. The provisions of Article 91-1300 relative to the issuance of such permits.
2. Camps, game farms, fish hatcheries, fishing, reserves and dog kennels: Camps, game
farms, fish hatcheries and fishing reserves shall be allowed in CR, CAMP, and CA
districts and dog kennels shall be allowed in CA or CAMP districts by securing a special
permit from the Zoning Board of Appeals of the Town of Busti provided as follows:
A. No camp, or building harboring game, fish or dog kennels shall be located

closer than 100 feet from any property boundary line; and
B. The premises upon which any camp, game farm, fish hatchery, fishing reserve
or dog kennels are located must be maintained in a sanitary condition at all times; and
C. Floors and inside walls must be housed and washed at reasonable intervals; and
(not applicable to CAMP); and
D. Pits and stalls must be kept clean and free from objectionable smells at all
times; and
E. All outside fences must be at least 50 feet from any property boundary line.
3. Customary home occupations: Customary home occupations shall be allowed in the

CA and CAMP District by securing a special permit from the Zoning Board of Appeals
of the Town of Busti, provided by that:
A. Such occupation is carried on in a residential dwelling unit or a building or

other structure accessory to such dwelling unit; and
B. Such occupation is carried on by a member of the family residing in the

dwelling unit; and
C. Such occupation is clearly incident and accessory or secondary to the use of

the dwelling unit for residential purposes; and
D. Such occupation is carried on in accordance with the following conditions:
1. No exterior sign, except that placed pursuant to a permit issued under

Section 91-804 of this Local Law, shall be placed on the premises; and
2. No exterior storage of materials and no exterior indication of the home

occupation or profession or variation of the residential character of the
principal building shall be allowed; and
3. The occupation or profession shall be carried on solely within the

principal building or within a building or other structure accessory thereto;
and
4. Not more than two persons outside the family shall be employed in a
home occupation; and
5. No offensive odor, noise, vibration, smoke, dust, heat or glare shall be

produced; and
6. Off-street parking sufficient to serve all persons availing themselves of

the home occupation shall be provided by the applicant.
3.1. Home enterprise occupation: Home enterprise occupations shall be allowed in the
CA District by securing a special permit from the Zoning Board of Appeals of the Town
of Busti, provided that:
A. Such occupation is carried on in a residential dwelling unit or a building

designated for such occupation located on the same lot as the dwelling unit and is not
more than 1500 square feet in size.

dwelling unit.
C. Such occupation is clearly incidental and accessory or secondary to the use of

the dwelling unit for residential purposes.
D. Such occupation is carried on in accordance with the following conditions:
1. No exterior sign, except that placed pursuant to a permit issued under

Section 91-804 of Town of Busti Zoning Code shall be placed on the
premises; and
2. No exterior storage of materials and no exterior indication of the home

building or lot shall be allowed; and
3. Not more than two persons outside the family shall be employed in a
home occupation; and
4. No offensive odor, noise, vibration, smoke, dust, heat or glare shall be

produced; and
5. Off-street parking sufficient to serve alt persons availing themselves of

the home occupation shall be provided by the applicant; and
6. The home enterprise occupation shall be carried on a lot not less than
two acres in size and having a minimum lot width of at least 250 feet.
E. The Zoning Board of Appeals may require, when requested by property owners
owning property or persons residing within 1000 feet of the lot upon which the home
enterprise occupation is to be carried on, that a visual barrier or landscaped screen be
provided and maintained. This screen may be composed of plants and trees arranged to
provide either a low-level or a high-level screen, or both. The high-level screen shall
consist of trees planted with specimens no shorter than six foot and planted at intervals of
not more than ten feet. The low-level screen shall consist of shrubs or hedges planted at
an interval height of not less than two feet and spaced at intervals of not more than five
feet. All plants not surviving three years after planting must be replaced. Any existing
business affected by these regulations at the time of passage of this Local Law shall not
be required to comply with the above screening requirements except in case of
enlargement of major alterations of such business.
4. Home occupation of a restricted nature: Home occupation of a restricted nature shall

be permitted in a CR District by securing a permit from the Zoning Board of Appeals of
the Town of Busti upon the following conditions: The same conditions shall be
applicable as are applicable for Customary Home Occupations.
5. Golf Courses, Tennis Courts, etc.: Golf courses shall be allowed in CAMP, CR and CA
Districts; outdoor recreational uses, including tennis, picnic groves, golf and swimming
shall be allowed in the CAMP and CA Districts; indoor and outdoor recreational facilities
shall be allowed in the LC District; and Club, fraternal lodge and meeting halls shall be
allowed in the MR District by securing a special use permit from the Zoning Board of
Appeals of the Town of Busti provided that:
A. The Board of Zoning Appeals determines that the activities to be conducted

by the applicant shall not be detrimental to the neighborhood in which the proposed
activities are to be conducted, taking into consideration the physical relationship of the
proposed use or uses to the surrounding structures, the probable hours of operation and
the social activities to be conducted on the premises. In this regard, the Zoning Board of
Appeals shall specifically make findings with respect to the proposed scheme for
lighting; the noise likely to be produced and proposals for abatement of the same; the
likelihood of traffic congestion and the proposed landscape; and
B. No clubhouse or principal building shall be located closer than 100 feet to any
lot line; and
C. Parking spaces shall be provided as required by the Zoning District regulations,

or in such greater number as the Board of Zoning Appeals shall determine to be
necessary; and
D. Rifle ranges, archery courses, skeet facilities and hunting reserves and any
other uses with similar safety hazards shall not be permitted.
6. Nursing and convalescent homes or sanitariums: Nursing and convalescent homes and
sanitariums shall be allowed in the MR District upon securing a special use permit from
the Zoning Board of Appeals of the Town of Busti upon the following conditions:
A. No principal building or boundary line shall be located closer than 75 feet to

the property boundary line; and
B. Location shall be such as to offer reasonable protection to the neighborhood

against possible detrimental effects, taking into consideration the physical relationship to
the surrounding properties and access to the site over any nearby street.
7. Radio and Television Towers and Facilities: Commercial radio and television
transmission or receiving towers and facilities shall be permitted in the CAMP, CA and
HC Districts subject to securing a special permit from the Zoning Board of Appeals of
the Town of Busti provided that:
A. It is demonstrated to the Zoning Board of Appeals that such installation is

reasonable; and
B. No portion of the installation is within 150 feet of any property boundary line;
and
C. The facility shall be surrounded by an enclosed fence suitable to discourage

access to such facility by non-authority persons, children or animals.
8. Utility Distribution Facilities: Utility distribution facilities, including electrical

distribution substations and other public utility structures shall be allowed in the CAMP
and CA Districts by securing a special use permit from the Zoning Board of Appeals of
the Town of Busti provided as follows:
A. The facility when not housed in a completely enclosed structure shall be

enclosed with a fence and set back at least 100 feet from any property boundary lines;
and
B. Landscaping shall be provided in conformity with the District in which such
facility is located; and
C. The facility shall not involve business offices, storage areas or structures
requiring trucking or truck movements.
9. Other special use permits: Other uses permitted in certain districts on securing a
special use permit from the Zoning Board of Appeals of the Town of Busti in accordance
with Article 91-1300 of this Local Law are:
A. Planned residential unit development and cluster unit residential development

in CR, CAMP, CA and MR Districts.
B. Parks and administrative offices (governmental) in CR, CAMP, CA, and MR

Districts.
C. Public uses including schools, museums, highway garages and storage of road
equipment and materials In CAMP, CA and MR Districts.
D. Semi-public uses in CAMP, CA and SR Districts.
E. Wildlife sanctuaries, woodland preserves and arboretums in CAMP, CR and

CA Districts.
Section 91-603. Special Use Permits for Non-Permitted Uses Associated with
Dwelling Units where such Non-Permitted Uses existed prior to July 1, 1986
The owner of a dwelling unit, who maintains a use at his or her dwelling unit other than
one permitted pursuant to this code or any prior zoning code, ordinance or regulation
heretofore adopted or enacted by the Town Board of the Town of Busti, shall be granted
a special use permit for such use by the Zoning Board of Appeals:
1. Application for such permit it made to the Zoning Officer on or before September 1,
1997.
2. The non-conforming or non-permitted use is carried on by the owner or resident of the

dwelling unit and by no other person.
3. The applicant provided clear and convincing proof to the Zoning Board of Appeals that
such use was carried on prior to July 1, 1986.
4. The Zoning Board finds that the applicant has abided in the past by, and the applicant
agrees to abide in the future by, the following conditions:
A. Such occupation is carried on in a residential dwelling unit or buildings or

other structures accessory to such dwelling unit; and
B. Such occupation is carried on in accordance with the following conditions:
(1). No exterior sign, except that placed consistent with the provisions of
Section 91-804 of this Local Law, shall be placed on the premises; and
(2). No exterior storage of materials and no exterior indication of the home

principal building shall be allowed that is more extensive than existing as
of July 1, 1986;
(3). The occupation, profession or business shall be carried on solely

within the principal building or within buildings or other structure
accessory thereto; and
(4). Employment shall be limited to the maximum number of persons

employed during any one time during the period between July 1, 1976 and
July 1, 1986; and
(5). No offensive odor, noise, vibration, smoke, dust, heat or glare shall be
produced; and
(6). Off-street parking sufficient to serve all persons availing themselves

of the home occupation shall be provided by the applicant.
5. Such permit shall be granted for a period of five (5) years. It shall be renewed for
successive periods of five (5) years upon application by the permit holder where the
Zoning Board of Appeals finds that, at the time of application, the permit holder had
complied with all conditions above referred to and the permit holder has reaffirmed his or
her commitment to abide by the above conditions.
6. Special use permits issued pursuant to this section shall in all other ways conform to
the provisions of Article 91-1300 relative to the issuance of special use permits.
ARTICLE 91-700: GENERAL PROVISIONS
The provisions of this article shall apply to all zoning districts.
Section 91-701. Access to Public Street
Except as otherwise provided in this Local Law and in Town Law Sections 280 and 281,
every building shall be constructed or erected upon a lot or parcel of land which abuts on
a public street unless a permanent easement of access to the public street is of record at
the time of the application for the permit.
Section 91-702. Contiguous Parcels
When two or more parcels of land, each of which lacks adequate area and dimension to
qualify for a permitted use under the requirements of the use district in which such
parcels are located, and where such parcels are contiguous and held in one ownership,
they shall be used as one lot for such use.
Section 91-703. Corner Lots
Both street sides of a corner lot shall be treated as front yards in the application of bulk
and area requirements.
Section 91-704. Top Soil
A person, firm or corporation may strip, excavate or otherwise remove top soil for use
other than on the premises from which the same shall be taken only to the extent that it is
replenished or sufficient amounts left to support development needs, where top soil is
removed, the land from which it is removed shall be reseeded.
Section 91-705. Visibility
On a corner in any residential district, no fence, wall, hedge, tree or other structure or
planting more than 3 1/2 feet in height shall be erected, placed or maintained within the
triangular area formed by the intersecting street lines and a straight line joining said street
lines at points which are thirty feet distant from the point of intersection, measured along
said street lines.
Section 91-706. Yards
A paved terrace shall not be considered in determination of yard sizes or lot coverages,
provided, however, that such terrace is unroofed and without walls, parapets, or other
form of enclosure. Such terrace may have an open guard railing not over three feet in
height, arid shall not project into any yard to a point closer than ten feet from any lot line.
Any open or enclosed porch shall be considered a part of the building in the
determination of the size of the yard of lot coverage.
Open fire escapes may extend into any required yard not more than four feet six inches.
Section 91-707. Fences
Fences shall be allowed in all districts except that no fence shall be taller in height than
six feet, unless the same is 15 feet from the property line and the same encompasses a
swimming pool or tennis court, and no fence shall be located within 50 feet of the lake.
Miscellaneous: In interpretation and application the provisions of this local law shall be
held in the minimum requirements, adopted for the promotion of the public health,
morals, safety or the general welfare. Whenever the requirements of this local law vary
with the requirements of any other lawfully adopted codes, laws, rules, regulations, or
ordinances, the most restrictive or that imposing the higher standards shall govern. The
invalidity of any provision of this local law shall not invalidate any other part hereof.
This local law shall take effect upon filing with the Secretary of State.
ARTICLE 91-800: SUPPLEMENTAL REGULATIONS
Section 91-801. Private Swimming Pools
A private swimming pool may be installed and maintained in a CR, CAMP, CA, SR or MR District
provided that it meets the following requirements:
1. Any inground or partially inground pool which is installed shall be completely enclosed
by a security fence not less than four feet in height, with all doors and gates opening through such
enclosure equipped with self-closing and self-latching devices capable of keeping such gates and
doors securely closed at all times when not in actual use.
2. Such pools shall he equipped with an integral filtration system and filter pumps or other
mechanical devices which shall be so located and constructed as not to interfere the peace, comfort
and repose of the occupant of any adjoining property.
3. A development permit shall be required for the installation of any private swimming
pool.
4. All private swimming pools shall be a minimum of twenty-five feet from all property
lines.
Section 91-802. Off-Street Parking
Off-street parking spaces, with a proper and safe access shall be provided within a structure or in
the open in such a number or numbers for each use as is required pursuant to Article 91-400 of this
Local Law.
1. Any application for any development permit or a special use permit shall include with it a
plot plan showing any parking or loading or unloading facilities in existence or to be constructed in
compliance with the regulations of this Local Law.
2. A required off-street parking space for institutional, commercial or industrial use shall be
an area not less than 162 feet square or less than 8 1/2 feet wide by 19 feet long, exclusive of access
drives or aisles, ramps, columns or office and work area, accessible from streets or alleys or from
private driveways or aisles, leading to streets or alleys and to be used for the storage of parking or
passenger automobiles or commercial vehicles tinder one and one-half ton capacity. Aisles between
vehicular parking spaces shall not be less than twelve feet in width when serving automobiles
parked at a forty-five degree angle in one direction not less than twenty feet in width when serving
vehicles parking perpendicular to the aisles and accommodating two-way traffic.
3. Parking facilities shall be designed with appropriate means of vehicular access to a street
or alley in such manner as will least interfere with the movement of traffic. No driveway or curb in
any district shall exceed twenty-five feet in width.
4. No parking space or portion thereof established on the same zoning lot with a building
shall be located within a required front yard. No parking spaces or portions thereof established on a
lot without a building shall be located closer to any street line than the front yard setback required
for the district in which the parking lot is located. Further, any wall, fence or hedge developed
around any parking area shall be subject to the front yard setback requirement of this Local Law in
the same manner as a structure or building.
Section 91-803. Loading and Unloading
Off-street loading and/or unloading spaces for commercial and/or industrial vehicles with loading
and/or unloading shall be provided on, each lot where such facilities are required to serve the use or
uses on such lot. The number of loading and/or unloading spaces required for commercial and/or
industrial vehicles while loading and/or unloading shall be in addition to the off-street parking
requirements listed in the section above. Each loading and/or unloading space shall be at least
fifteen foot vertical clearance with a sixty foot maneuvering area and shall have an all-weather
surface to provide a safe and convenient access during all seasons.
No off-street loading and/or unloading space shall be constructed between the street right-of-way
line and the building setback line.
1. Loading and/or unloading facilities shall be, designed so that trucks or other such
vehicles need not back in or out or park in any public right-of-way.
2. At least one off-street loading and/or unloading space shall be provided for all
commercial and industrial establishments in excess of 3,500 square feet of floor area.
Section 91-804. Signs
Except as otherwise provided in this local law no "for sale" signs, advertising signs, or billboards
shall be permitted in the Town of Busti after the adoption of this local law except as follows:
1. Signs permitted in all districts:
a. Street, traffic, public safety or public service signs, erected by the governmental
subdivision or agency, or a public utility, advertising the availability of rest rooms,
telephone or similar public conveniences.
b. No more than one directional sign, of not more than three square feet, located on
premises other than those owned by the applicant, advising as to the applicant's
business location.
c. Not in excess of three signs, not to exceed 2 x 2 square feet each, located upon the
premises, advertising an open house, a garage sale, an event, sale, activity of a
church, or other groups operating not for profit, including political candidates,
provided that such signs are removed within 30 days of erection.
d. Political campaign signs shall not exceed 16 square feet in size and shall not be
allowed except during a period 45 days prior to primary election day and 45 days
prior to the general election.
e. One sign, the facing not to exceed six square feet, located upon the premises,
announcing the sale or rental of real property or any part thereof.
f. One announcement or professional sign, facing riot to exceed three square feet,
erected in conjunction with a customary home occupation, home occupation of a
restricted nature or a home enterprise occupation.
2. CR, CAMP, CA, SR, MR, LC, GC AND HC Districts: One identification sign or
announcement on premises shall be permitted for each church institution, public use, recreational
facility, or other uses permitted by right or special permit within a CR, CAMP, CA, SR, MR, LC,
CC or HC District, provided that such sign shall not exceed 20 square feet in area, except that such
sign for a customary home occupation, or for a home occupation of a restricted nature, or a home
enterprises occupation shall riot exceed three square feet in size.
3. I and LMR Districts: Signs on premises used for authorized business purposes shall be
permitted in I and LMR Districts provided that the facing of such sign does not exceed 60 square
feet.
4. HC, GC, and LC Districts: One lighted, but non-flashing portable sign, not exceeding 32
square feet shall be permitted on premises located in LC, GC, and HC Districts.
5. Sign Regulations: The following regulations shall apply to all signs lawfully permitted in
the Town of Busti except those required by law:
a. Condition: Each sign must be constructed out of durable material and kept in good
condition and repair. Any sign which is allowed to become dilapidated may be
removed at the expense of the owner or lessee or the property on which it is located.
b. Electrical Bulbs: No electric bulbs shall be exposed unless satisfactorily shielded

from view by a globe or other visible barrier.
c. Ingress and Egress: No signs shall be erected or located so as to prevent free

ingress and egress from any window, door or fire escape.
d. Light and air: No sign shall be placed in such a position that it obscures light or
air from the building.
e. Attachments: No signs shall be permitted which are posted, stapled or other wise
attached to public utility poles within the street right-of-way line.
f. Traffic: No sign shall be so erected or located that by reason of its location, shape
or color (or the color, shape or location of the lights used in conjunction therewith)
such sign might interfere with traffic or be confused with or obstruct the view of
effectiveness of any traffic signal, traffic sign, traffic marking or block the view of
traffic at ingress or egress points to the property.
g. Glare: Illuminating arrangements for signs shall be such that the light is
concentrated upon such sign and there shall be no glare cast upon the street,
sidewalk or adjacent property.
h. Flashing signs: No sign shall be a flashing sign. Flashing signs shall be defined
herein as any sign that: flash by giving off reflected light; or moves; or revolves in
any way, or has flowing or moving lights or parts of the signs; or alternated in any
way its color, shape or intensity of illumination.
i. Abutting sign: No sign in a commercial or industrial district shall be placed to face

an abutting residential district except where authorized by a special exception.
j. Contrary to zoning: No sign shall be erected containing information on which it

states or implies that a property may be used for any purpose not permitted under the
provisions of the Town of Busti Zoning Code.
k. Cessation: Where the use ceases for a period of six calendar the sign advertising
or describing such use must be removed.
l. Within roads: No signs shall extend within a street or road right-of-way.
m. Setbacks and yards: Signs shall be set back at least 25 feet from property
boundary.
n. Height: The top of a sign shall be no more than twenty feet in height measured
from the surface of the earth.
o. Building sign: Signs attached to a building or buildings shall not project more
than eighteen inches from the wall on which such signs are attached. Signs must be
attached to parapet walls or other wall surfaces made a part of the main structure.
Signs shall be erected on a separate super structure made a part of the main
structure. Signs erected on a separate super structure attached to the roof of the
building or any other part of the building above the roof lines shall not be permitted.
No signs shall project higher than four feet above the parapet line of the roof line,
whichever is higher.
6. No permit shall be required for any sign erected in conformance herewith. Any person
wishing to erect a sign not in conformance herewith may do so only after having made application
to the Zoning Officer for a variance pursuant to, and upon the grounds stated, in Section 91-1302 of
this code. All such applications shall, in addition to the information required by Section 91-1302
hereof, contain the following:
a. Name, address and telephone number of the applicant and if different, the written
permission of the owners of the property on which the sign is to located.
b. Location of the building, structure or lot to which or upon which the sign is to be
attached or erected.
c. Type, size and location of the sign.
d. The name of the person, firm or corporation or association erecting the sign.
e. A statement as to whether or not such sign utilizes electricity.
f. Such other information as the Zoning Officer shall require.
g. The application for a variance shall be determined by the Zoning Board of

Appeals in accordance with the standards set forth herein in Section 91-1302.
7. No special use permits shall be allowed for signs in any district.
8. Any person grieved by the Zoning Officer's denial of a sign permit may appeal such
decision to the Zoning Board of Appeals in accordance with Article 91-1300 of this Local Law
provided that such appeal is taken within thirty (30) days of the notification of such denial.
9. Upon the effective date of this Local Law, the Zoning Officer shall give notice to the
owner or occupant of the premises wherein or whereon any non-conforming sign is located to
remove such sign on or before January 1, 1984. Such notice shall be in writing and shall be served
personally or by mailing a copy thereof by certified mail, return receipt requested, addressed to the
owner or occupant of the premises at his or her last known address within ninety (90) days of the
enactment of this Local Law or as soon thereafter as possible. In the event that the owner or
occupant does not remove such sign or discontinue such use in compliance with such notice on or
before January 1, 1984, the Zoning Officer shall be empowered to remove the same, if it be located
upon public property or within a public right-of-way, or to bring action for an injunction and/or for
the penalty or penalties set forth in this Local Law with respect to a violation of the same.
Section 91-805. Performance and Design Standards for Commercial and Industrial Uses
The following regulations shall be observed for commercial and industrial uses:
1. Fire and Explosive Hazards: All activities and all storage of flammable and explosive
material at any point shall be provided with adequate safety devices against the hazard of fire and
explosion and adequate fire-fighting and fire-suppression equipment and devices.
2. Noise and Vibration: There shall be no violation or noise level above 85 Dbl at the
property line.
3. Glare: No direct or sky-reflected glare, whether from floodlights or from high
temperature process shall be visible from adjoining public streets or adjacent lots when viewed by a
person standing on ground level.
4. Odor: There shall be no emission or odorous gases or other odorous matter in such
quantities as to be offensive on adjoining streets or adjacent lots.
5. Operation: All primary operations shall be conducted entirely within closed buildings.
6. Screening: A planted visual barrier or landscaped screen, shall be provided and

maintained by the owner or lessee of the property between any district and contiguous residentially
zoned districts, except where natural or physical man-made barriers exist. This screen shall be
composed of plants and trees arranged to provide both a low-level and a high-level screen. The
high-level screen shall consist of trees planted with specimens no shorter than six foot and planted
at intervals of not more than ten feet. The low-level screen shall consist of shrubs or hedges planted
at an interval height of not less than two feet and spaced at intervals of not more than five feet. The
low-level screen shall be placed at alternating rows to produce a more effective barrier. All plants
not serving three years after planting must be replaced.
Any existing business affected by these regulations at the time of passage of this Local Law
shall not be required to comply with the above screening requirements except in case of
enlargement or major alteration of such business. Similarly, for any zoning district boundary
change after the passage of this Local Law initiated by a residential developer abutting a
commercially or industrially zoned property for which these regulations apply, these screening
requirements shall not be imposed upon such commercial or industrial property.
7. Storage: All materials will be stored inside an enclosed structure. All organic rubbish or
storage shall be contained in air-tight, vermin-proof containers which shall also be screened from
public view.
8. Landscaping: Any part or portion of the site which is not used for buildings, other
structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be
planted with a maintained all-season ground cover, or mown lawn, and shall be landscaped with
trees arid shrubs. This shall be done in accordance with an overall landscape plan and shall be in
keeping with natural surroundings. A replacement program for non-surviving plants should be
included. Shrubs, planting, trees, all shall be planted as not to obstruct view at intersection.
9. Shopping Cart Storage: Any establishment which furnishes carts or mobile baskets as an
adjunct to shipping, shall provide definite areas within the required parking space areas for storage
of said carts. Each designed storage area shall be clearly marked for storage of shipping carts.
10. Lighting: All parking areas, driveways and loading areas shall be provided with a
lighting system which shall furnish a minimum of 15-foot candles at any point during hours of
operation with lighting standards in parking areas being located not farther than one hundred (100)
feet apart. All lighting shall be completely shielded from traffic on any public right-of-way and
from any residential district.
11. Building Design: Buildings shall be designed to take advantage of the natural terrain
and shall not be physically located to unnecessarily concentrate activity in one portion of the lot. At
least one entrance way shall be maintained at ground level. All pedestrian entrances shall be paved
with an all-weather surface.
12. Buffer Strip: A one hundred and fifty (150) foot wide "greenbelt" of maintained all-
season groundcover, mown lawn or landscaping of trees and shrubs shall be required along the
zoning district boundary lines in the industrial districts. This buffer strip can be waived in writing
by the Planning Board if a natural, physical, visual barrier exists.
Section 91-806. Lakeshore Regulations
Within fifty (50) feet of the shoreline of any lake the following regulations shall apply:
1. Except in the Lakeshore Commercial District, no principal building or structure shall be

permitted within fifty (50) feet of the shoreline at average high-water mark.
2. Except in the Lakeshore Commercial District, the only accessory buildings and structures
that shall be permitted within fifty (50) feet: of the shoreline shall be automobile parking or storage
and water oriented structures, including boat houses, boat launches, piers, wharves, docks,
bulkheads and jetties.
3. Any waterline that varies from the natural waterline and is interconnected to a lake must
be bulkheaded to the satisfaction of the Zoning Officer.
4. No wharf, dock, pier or jetty of a permanent character shall extend into the navigable
water for a distance of more than forty feet from the shoreline or to a depth of water not greater
than four feet at the outer edge of the proposed structure, as measured at the ordinary low stage of
such body of water.
5. No person shall drain, deposit or cast any dead animal, carrion, offal excrement, garbage
or other putrid or offensive matter into the water.
6. All docks and/or floating rafts must be securely anchored to the lake bottom or shoreline.
Section 91-807. Prohibition Against Mobile Homes
No person or persons being the owner or occupant of any mobile home shall park or otherwise
locate said mobile home upon any premises within the Town of Busti for the purpose of using the
same for living, sleeping or eating quarters, nor shall any person use or occupy any mobile home
for living, sleeping or eating therein, except in a duly authorized mobile home established in
accordance with Section 91-601 of this Local Law, and no such mobile home shall be parked,
stored or otherwise be placed in any location in the Town of Busti except in a duly authorized
mobile home park.
Section 91-808. Communications Device
A satellite communications device or dish shall in matters relating to setbacks, sideyards and
heights be treated as a "building" within the meaning of the Town of Busti Zoning Code.
ARTICLE 91-1000: FLOOD PREVENTION
SECTION 1.0: STATUTORY AUTHORIZATON AND PURPOSE
1.1 Findings
The Town Board of the Town of Busti finds that the potential and/or actual damages
from flooding and erosion may be a problem to the residents of the Town of Busti and
that such damages may include: destruction or loss of private and public housing, damage
to public facilities, both publicly and privately owned, and injury to and loss of human
life. In order to minimize the threat of such damages and to achieve the purposes and
objectives hereinafter set forth, this local law is adopted.
1.2 Statement of Purpose
It is the purpose of this local law to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety and property due to water
erosion hazards, or which result in damaging increased in erosion or in flood heights or
velocities;
(2) require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3) control the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which may increase
erosion or flood damages;
(5) regulate the construction of flood barriers which will unnaturally divert flood
waters or which may increase flood hazards to other lands, and;
(6) qualify and maintain for participation in the National Flood Insurance
Program.
1.3 Objectives
The objectives of this local law are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control projects;
(3) to minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) to minimize prolonged business interruption;
(5) to minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone, sewer lines, streets and bridges located in areas of special
flood hazard;
(6) to help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood blight areas;
(7) to provide that developers are notified that property is in an area of special
flood hazard, and;
(8) to ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
SECTION 2.0: DEFINITIONS
Unless specifically defined below, words or phrases used in this local law shall be
interpreted so as to give them the meaning they have in common usage and to give this
local law its most reasonable application.
"Appeal" means a request for a review of the Local Administrator's interpretation of any
provision of this Local Law or a request for a variance.
"Area of shallow flooding" means a designated AO, AH or VO Zone on a Community's

Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of
flooding to an average annual depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood hazard" is the land in the floodplain within a community subject to
a one percent or greater chance of flooding in any given year. This area may be
designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is also
commonly referred to as the base floodplain or 100 year floodplain.
"Base flood" means the flood having a one percent chance of being equaled or exceeded
in any given year.
"Basement" means that portion of a building having its floor subgrade (below ground
level) on all sides.
"Building" see "Structure"

"Cellar" has the same meaning as "Basement".
"Development" means any man-made change to improved or unimproved real estate,

including but not limited to buildings or other structures, mining, dredging, filling,
paving, excavation or drilling operations or storage of equipment or materials.
"Elevated building" means a non-basement building (i) built, in the case of a building in
Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated floor,
or in the case of a building in Zones V1-V30, VE, or V, to have the bottom of the lowest
horizontal structure member of the elevated floor elevated above the ground level by
means of pilings, columns (posts and piers), or shear walls parallel to the flow of the
water and (ii) adequately anchored so as not to impair the structural integrity of the
building during a flood of up to the magnitude of the base flood. In the case of Zones
A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes a
building elevated by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones
V1-V30, VE, and V, "elevated building" also includes a building otherwise meeting the
definition of "elevated building", even though the lower area is enclosed by means of
breakaway walls that meet the federal standards.
"Existing manufactured home park or subdivision" means a manufactured home park or

subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is complete before the effective date of the floodplain management regulations
adopted by the community.
"Expansion to an existing manufactured home park or subdivision" means the preparation

of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
"Federal Emergency Management Agency" means the Federal agency that administers
the National Flood Insurance Program.
"Flood" or "Flooding" means a general and temporary condition of partial or complete

inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters from any
source.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of a
lake or other body of water as a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels or suddenly caused by an
unusually high water level in a natural body of water, accompanied by a severe storm, or
by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by
some similarly unusual and unforeseeable event which results in flooding as defined in
(1) above.
"Flood Boundary and Floodway Map (FBFH)" means an official map of the community
published by the Federal Emergency Management regency as part of a riverine
community's Flood Insurance Study. The FBFM delineates a Regulatory Floodway along
water courses studied in detail in the Flood Insurance Study.
"Flood Elevation Study" means an examination, evaluation and determination of the

flood hazards and, if appropriate, corresponding water surface elevations, or an
examination, evaluation and determination of flood-related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued
by the federal Emergency Management Agency, where the boundaries of the areas of
special flood hazard have been designated as Zone A but no flood elevations are
provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which
the Federal Emergency Management Agency has delineated both the areas of special
flood hazard and the risk premium zones applicable to the community.
"Flood Insurance Study" see "flood elevation study".
"Floodplain" or "Flood-prone area" means any land area susceptible to being inundated
by water from any source (see definition of "Flooding").
"Floodproofing" means any combination of structural and non-structural additions,

changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents.
"Floodway" has the same meaning as "Regulatory Floodway".
"Functionally dependent use" means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water, such as a docking or port
facility necessary for the loading and unloading of cargo or passengers, shipbuilding, and
ship repair facilities. The term does not include long-term storage, manufacturing, sales,
or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
"Historic structure" means any structure that is:

(1) listed individually in the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the National
Register;
(2) certified or preliminarily determined t)y the Secretary of the Interior as

contributing to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district;
(3) individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or
(4) individually listed on a local inventory of historic places in communities with

historic preservation programs that have been certified either:
(i) by an approved state program as determined by the Secretary of the

Interior or
(ii) directly by the Secretary of the interior in states without approved

programs.
"Local Administrator" is the person appointed by the community to administer and

implement this local law by granting or denying development permits in accordance with
its provisions. This person is often the Code Enforcement Officer, Building Inspector or
employee of an engineering department.
"Lowest floor" means lowest floor of the lowest enclosed area (including basement or
cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles,
building access, or storage in an area other than a basement area is not considered a
building's lowest floor; provided, that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements of this Local
Law.
"Manufactured home" means a structure, transportable in one or more sections, which is

built on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. The term does not include a
"Recreational vehicle"
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
"Mobile home" has the same meaning as "Manufactured home".

"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control
used as a reference for establishing varying elevations within the flood plain.
"New construction" means structures for which the "start of construction" commenced on
or after the effective date of a floodplain management regulation adopted by the
community and includes any subsequent improvements to such structure.
"New manufactured home park or subdivision" means a manufactured home park or

subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete
pads) is completed on or after the effective date of floodplain management regulations
adopted by a community.
"One hundred year flood" or "100-year flood" has the same meaning as "Base Flood".
"Principally above ground" means that at least 51 percent of the actual cash value of the
structure, excluding land value, is above ground.
"Recreational vehicle" means a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections;
(3) designed to be self-propelled or permanently towable by a light duty truck;

and
(4) not designed primarily for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
"Regulatory Floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height as
determined by the Federal Emergency Management Agency in a Flood Insurance Study
or by other agencies as provided in Section 4.3-2 of this Law.
"Start of construction" includes substantial improvement and means the initiation,

excluding planning and design, of any phase of a project, physical alteration of the
property, and shall include land preparation, such as clearing, grading, and filling;
installation of streets and/or walkways; excavation for a basement, footings, piers, or
foundations or the erection of temporary forms. It also includes the placement and/or
installation on the property of accessory buildings (garages, sheds), storage trailers, and
building materials. For manufactured homes the "actual start" means affixing of the
manufactured home to its permanent site.
"Structure" means a walled and roofed building, including a gas or liquid storage tank
that is principally above ground, as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other

improvement of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before the "start of construction" of the improvement. The term
includes structures which have incurred "substantial damage", regardless of the actual
repair work performed. The term does not, however, include either:
(1) any project for improvement of a structure to correct existing violations of

state or local health, Sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
(2) any alteration of a "Historic structure", provided that the alteration will not
preclude the structure's continued designation as a "Historic structure".
"Variance" means a grant of relief from the requirements of this local law which permits
construction or use in a manner that would otherwise be prohibited by this local law.
SECTION 3.0: GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special flood hazard within the jurisdiction of the
Town of Busti
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard are identified and defined on the following documents
prepared by the Federal Emergency Management Agency (COMPLETE ONE
THROUGH FIVE AS NECESSARY):
(1) Flood Insurance Rate Map (single panel) 361106 004 C, 0011 C, 0016 C,
0017 C, 0020 C, 0030 C whose effective date is January 20, 1993.
(2) Flood Insurance Rate Map (multiple panels) Index No 361106 004 C, 0011 C,
0016 C, 0017 C, 0020 C, 0030 C, whose effective date is January 20, 1993.
(3) A scientific and engineering report entitled "Flood Insurance Study, Town of
Busti, New York, Chautauqua County"
(4) Flood Boundary and Floodway Map (single panel) No. 3611606 004 C, whose
effective date is January 20, 1993.
(5) Flood Boundary and Floodway Map (multiple panel) No. 3611606 004 C,
whose effective date is January 20, 1993.
The above documents are hereby adopted and declared to be a part of this Local Law.
The Flood Insurance Study and/or maps are on file at: Town of Busti Administration
Building, 121 Chautauqua Avenue, Lakewood, New York.
3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS
This Local Law includes all revisions to the National Flood Insurance Program through
November 1, 1969 and shall supersede all previous laws adopted for the purpose of flood
damage prevention.
In their interpretation and application, the provisions of this local law shall be held to be
minimum requirements, adopted for the promotion of the public health, safety, and
welfare. Whenever the requirements of this local law are at variance with the
requirements of any other lawfully adopted rules, regulations, or ordinances, the most
restrictive, or that imposing the higher standards, shall govern.
3.4 SEVERABILITY
The invalidity of any section or provision of this local law shall not invalidate any other
section or provision thereof.
3.5 PENALTIES FOR NON-COMPLIANCE
No structure in an area of special flood hazard shall hereafter be constructed, located,

extended, converted, or altered and no land shall be excavated or filled without full
compliance with the terms of this local law and any other applicable regulations. Any
infraction of the provisions of this local law by failure to comply with any of its
requirements, including infractions of conditions and safeguards established in
connection with conditions of the permit, shall constitute a violation. Any person who
violates this local law or fails to comply with any of its requirements shall, upon
conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days
or both. Each day of noncompliance shall be considered a separate offense. Nothing
herein contained shall prevent the Zoning Officer and/or the Town of Busti from taking
such other lawful action as necessary to prevent or remedy an infraction. Any structure
found not compliant with the requirements of this local law for which the developer
and/or owner has not applied for and received an approved variance under Section 6.0
will be declared non-compliant and notification sent to the Federal Emergency
Management Agency.
3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This local law does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from flooding or flood
damages. This local law shall not create liability an the part of the Town of Busti, any
officer or employee thereof, or the Federal Emergency Management Agency, for any
flood damages that result from reliance on this local law or any administrative decision
lawfully made thereunder.
SECTION 4.0: ADMINISTRATION
4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR
The Zoning Officer is hereby appointed Local Administrator to administer and

implement this local law by granting or denying floodplain development permits in
accordance with its provisions.
4.2 THE FLOOOPLAIN DEVELOPMENT PERMIT
4.2-1 PURPOSE
A floodplain development permit is hereby established for all construction and other
development to be undertaken in areas of special flood hazard in this community for the
purpose of protecting its citizens from increased flood hazards and insuring that view
development is constructed in a manner that minimizes its exposure to flooding. It shall
be unlawful to undertake any development in an area of special flood hazard, as shown
on the Flood Insurance Rate Map enumerated in Section 3.2, without a valid floodplain
development permit. Application for a permit shall be made on forms furnished by the
Local Administrator and may include, but not be limited to: plans, in duplicate, drawn to
scale and showing: the nature, location, dimensions, and elevations of the area in
question; existing or proposed structures, fill, storage of materials, drainage facilities, and
tire location of the foregoing.
4.2-2 FEES
(1) All applications for a floodplain development permit shall be accompanied by an

application fee of $100.00. In addition, the applicant shall be responsible for reimbursing
the Town of Busti for any additional costs necessary for review, inspection and approval
of this project. The Local Administrator may require a deposit of no more than $500.00
to cover these additional costs.
4.3 APPLICATION FOR A PERMIT

The applicant shall provide the following information as appropriate. Additional
information may be required on the permit application form.
(1) The proposed elevation, in relation to mean sea level, of the lowest floor
(including basement or cellar) of any new or substantially improved structure to be
located in Zones Al-A30, AE or AH, or Zone A if base flood elevation data are available.
Upon completion of the lowest floor, the permitee shall submit to the Local
Administrator the as-built elevation, certified by a licensed professional engineer or
surveyor.
(2) The proposed elevation, in relation to mean sea level, to which any new or
substantially improved nonresidential structure will be floodproofed. Upon completion of
the floodproofed portion of the structure, the permitee shall submit to the Local
Administrator the as-built floodproofed elevation, certified by a professional engineer or
surveyor.
(3) A certificate from a licensed professional engineer or architect that any utility
floodproofing will meet the criteria in Section 5.2-3, UTILITIES.
(4) A certificate from a licensed professional engineer or architect that any

nonresidential floodproofed structure will meet the floodproofing criteria in Section 5.4,
NON-RESIDENTIAL STRUCTURES.
(5) A description of the extent to which any watercourse will be altered or

relocated as a result of proposed development. Computations by a licensed professional
engineer must be submitted that demonstrate that the altered or relocated segment will
provide equal or greater conveyance than the original stream segment. The applicant
must submit any maps, computations or other material required by the Federal
Emergency Management Agency (FEMA) to revise the documents enumerated in Section
3.2, when notified by the local Administrator, and must pay any fees or other costs
assessed by FEMA for this purpose. The applicant must also provide assurances that the
conveyance capacity of the altered or relocated stream segment will be maintained.
(6) A technical analysis, by a licensed professional engineer, if required by the

Local Administrator, which shows whether proposed development to be located in an
area of special flood hazard may result in physical damage to any other property.
(7) In Zone A, when no base flood elevation data are available from other sources,
base flood elevation data shall be provided by the permit applicant for subdivision
proposals and other proposed developments (including proposals for manufactured home
and recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5
acres.
4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR
Duties of the Local Administrator shall include, but not be limited the following.
4.4-1 PERMIT APPLICATION REVIEW
The Local Administrator shall conduct the following permit application review before
issuing a floodplain development permit:
(1) Review all applications for completeness, particularly with the requirements
of subsection 4.3, APPLICATION FOR A PERMIT, and for compliance with the
provisions and standards of this law.
(2) Review subdivision and other proposed new development, including

manufactured home parks to determine whether proposed building sites will be
reasonably safe from flooding. If a proposed building site is located in an area of special
flood hazard, all new construction and substantial improvements shall meet the applicable
standards of Section 5.0, CONSTRUCTION STANDARDS and, in particular, subsection
5.1-1 SUBDIVISION PROPOSALS.
(3) Determine whether any proposed development in an area of special flood

hazard may result in physical damage to any other property (e.g., stream bank erosion
and increased flood velocities). The Local Administrator may require the applicant to
submit additional technical analyses and data necessary to complete the determination.
If the proposed development may result in physical damage to any other property
or falls to meet the requirements of Section 5.0, CONSTRUCTION STANDARDS, no
permit shall be issued. The applicant may revise the application to include measures that
mitigate or eliminate the adverse effects and resubmit the application.
(4) Determine that all necessary permit have been received from those
governmental agencies from which approval is required by State or Federal law.
4.4-2 USE OF OTHER FLOOD DATA
(1) When the Federal Emergency Management: Agency has designated areas of
special flood hazard on the community's Flood Insurance Rate map (FIRM) but has
neither produced water surface elevation data (these areas are designated Zone A or V on
the FIRM) nor identified a floodway, the Local Administrator shall obtain, review and
reasonably utilize any base flood elevation and floodway data available from a Federal,
State or other source, including data developed pursuant to paragraph 4.3(7), as criteria
for requiring that new construction, substantial improvements or other proposed
development meet the requirements of this law.
(2) When base flood elevation data are not available, the Local Administrator may
use flood information from any other authoritative source, such as historical data, to
establish flood elevations within the areas of special flood hazard, for the purposes of this
law.
4.4-3 ALTERATION OF WATERCOURSES
(1) Notification to adjacent communities and the New York State Department of
Environmental Conservation prior to permitting any alteration or relocation of a
watercourse, and submittal of evidence of such notification to the Regional Director,
Region II, Federal Emergency Management Agency.
(2) Determine that the permit holder has provided for maintenance within the
altered or relocated portion of said watercourse so that the flood carrying capacity is not
diminished.
4.4-4 CONSTRUCTION STAGE
(1) In Zones Al-A3O, AE and AM, and also Zone A if base flood elevation data
are available, upon placement of the lowest floor or completion of floodproofing of a new
or substantially improved structure, obtain from the permit holder a certification of the
as-built elevation of the lowest floor or floodproofed elevation, in relation to mean sea
level. The certificate shall be prepared by or under the direct supervision of a licensed
land surveyor or professional engineer and certified by same. For manufactured homes,
the permit holder shall submit the certificate of elevation upon placement of the structure
on the site. A certificate of elevation must also be submitted for a recreational vehicle
if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and
ready for highway use).
(2) Any further work undertaken prior to submission and approval of the
certification shall be at the permit holder's risk. The Local Administrator shall review all
data submitted. Deficiencies detected shall be cause to issue a stop work order for the
project unless immediately corrected.
4.4-5 INSPECTIONS
The Local Administrator and/or the developer's engineer or architect shall make periodic
inspections at appropriate times throughout the period of construction in order to monitor
compliance with permit conditions and enable said inspector to certify, if requested, that
the development is in compliance with the requirements of the floodplain development
permit and/or any variance provisions.
4.4-6 STOP WORK ORDERS
(1) The Local Administrator shall issue, or cause to be issued, a stop work order
for any floodplain development found ongoing without a development permit. Disregard
of a stop work order shall subject the violator to the penalties described in Section 3.5 of
this local law.
(2) The Local Administrator shall issue, or cause to be issued, a stop work order
for any floodplain development found non-compliant with the provisions of this law
and/or the conditions of the development permit. Disregard of a stop work order shall
subject the violator to the penalties described in Section 3.5 of this local law.
4.4-7 CERTIFICATE OF COMPLIANCE
(1) In areas of special flood hazard, as determined by documents enumerated in

Section 3.2, it shall be unlawful to occupy or to permit the use or occupancy of any
building or premises, or both, or part thereof hereafter created, erected, changed,
converted or wholly or partly altered or enlarged in its use or structure until a certificate
of compliance has been issued by the Local Administrator stating that the building or
land conforms to the requirements of this local law.
(2) A certificate of compliance shall be issued by the Local Administrator upon

satisfactory completion of all development in areas of special flood hazard.
(3) Issuance of the certificate shall be based upon the inspections conducted as
prescribed in section 4.4-5, INSPECTIONS, and/or any certified elevations, hydraulic
data, floodproofing, anchoring requirements or encroachment analysis which may have
been required as a condition of the approved permit.
4.4-8 INFORMATION TO BE RETAINED
The Local Administrator shall retain and make available for inspection, copies of the
following:
(1) Floodplain development permits and certificates of compliance;
(2) Certifications of as-built lowest floor elevations of structures, required

pursuant to sub-sections 4.4-4(l) and 4.4-4(2), and whether or not the structures contain a
basement;
(3) Floodproofing certificates required pursuant to subsection 4.4-4(l), and

whether or not the structures contain a basement;
(4) Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES; and,
(5) Notices required under subsection 4.4-3, ALTERATION OF

WATERCOURSES.
SECTION 5.0: CONSTRUCTION STANDARDS
5.1 GENERAL STANDARDS
The following standards apply to new development, including new and substantially
improved structures, in the areas of special flood hazard shown on the Flood Insurance
Rate Map designated in Section 3.2.
5.1-1 SUBDIVISION PROPOSALS
The following standards apply to all new subdivision proposals and other proposed
development in areas of special flood hazard (including proposals for manufactured home
and recreational vehicle parks and subdivisions):
(1) Proposals shall be consistent with the need to minimize flood damage;
(2) Public utilities and facilities such as sewer, gas, electrical and water systems
shall be located and constructed so as to minimize flood damage and,
(3) Adequate drainage shall be provided to reduce exposure to flood damage.
5.1-2 ENCROACHMENTS
(1) Within Zones Al-A30 and AE, on streams without a regulatory floodway, no
new construction, substantial improvements or other development (including fill) shall
permitted unless:
(i) the applicant demonstrates that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base
flood more than one foot at any location, or,
(ii) the Town of Busti agrees to apply to the Federal Emergency

Management Agency (FEMA) for a conditional FIRM revision, FEMA
approval is received and the applicant provides all necessary data,
analyses and mapping and reimburses the Town of Busti for all fees and
other costs in relation to the application. The applicant must also provide
all data, analyses and mapping and reimburse the Town of Busti for all
costs related to the final map revision.
(2) On streams with a regulatory floodway, as shown on the flood Boundary and
Floodway Map or the Flood Insurance Rate Map adopted in Section 3.2, no new
construction, substantial improvements or other development in the floodway (including
fill) shall be permitted unless:
(i) a technical evaluation by a licensed professional engineer shows that

such an encroachment shall not result in any increase in flood levels
during occurrence of the base flood, or,
(ii) the Town of Busti agrees to apply to the Federal Emergency

Management Agency (FEMA) for a conditional FIRM and floodway
revision, FEMA approval is received and the applicant provides all
necessary data, analyses and mapping anti reimburses the Town of Busti
for all fees and other costs in relation to the application. The applicant
must also provide all data, analyses and mapping and reimburse the Town
of Busti for all costs related to the final map revisions.
5.2 STANDARDS FOR ALL STRUCTURES
5.2-1 ANCHORING
(1) New structures and substantial improvement to structures in areas of special

flood hazard shall be anchored to prevent flotation, collapse, or lateral movement during
the base flood. This requirement is in addition to applicable State and local anchoring
requirements for resisting wind forces.
5.2-2 CONSTRUCTION MATERIALS AND METHODS
(1) New construction and substantial improvements to structures shall be

constructed with materials and utility equipment resistant to flood damage.
(2) New construction and substantial improvements to structures shall be

constructed using methods and practices that minimize flood damage.
(3) For enclosed areas below the lowest floor of a structure within Zones A1-A30,
AE or AH, and also Zone A if base flood elevation data are available, new and
substantially improved structures shall have fully enclosed areas below the lowest floor
that are useable solely for parking of vehicles, building access or storage in an area other
than a basement and which are subject to flooding, designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood
waters. Designs for meeting this requirement must either be certified by a licensed
professional engineer or architect or meet or exceed the following minimum criteria:
(i) a minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding; and
(ii) the bottom of all such openings no higher than one foot above the
lowest adjacent finished grade.
Openings may be equipped with louvers, valves, screens or other coverings or devices
provided they permit the automatic entry and exit of floodwaters. Enclosed areas sub-
grade on all sides are considered basements and are not permitted.
5.2-3 UTILITIES
(1) Machinery and equipment servicing a building must either be elevated to or

above the base flood level or designed to prevent water from entering or accumulating
within the components during a flood. This includes heating, ventilating, and air
conditioning equipment, hot water beaters, appliances, elevator lift machinery, and
electrical junction and circuit breaker boxes. When located below the base flood
elevation, a professional engineer or architect's certification of the design is required;
(2) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(3) New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for
buildings that have openings below the base flood elevation shall be provided with
automatic backflow valves or other automatic backflow devices that are installed in each
discharge line passing through a building's exterior wall; and,
(4) On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
5.3 RESIDENTIAL STRUCTURES
5.3-1 ELEVATION
The following standards in addition to the standards in sub-sections 5.1-1,

SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2,
STANDARDS FOR ALL STRUCTURES, apply to structures located in areas of special
flood hazard as indicated.
(1) Within Zones A1-A30, AE and AH and also Zone A if base flood elevation
data are available, new construction and substantial improvements shall have the lowest
floor (including basement) elevated to or above the base flood level.
(2) Within Zone A, when no base flood elevation data are available, new and
substantially improved structures shall have the lowest floor (including basement)
elevated at least three feet above the highest adjacent grade.
(3) Within Zone AO, new and substantially improved structures shall have the
lowest floor (including basement) elevated above the highest adjacent grade at least as
high as the depth number specified in feet on the community's Flood Insurance Rate Map
enumerated in Section 3.2 (at least two feet if no depth number is specified).
(4) Within Zones AH and AO, adequate drainage paths are required to guide flood
waters around and away from proposed structures on slopes.
5.4 NON-RESIDENTIAL STRUCTURES
The following standards apply to new and substantially improved commercial, industrial
and other nonresidential structures, in addition to the requirements in sub-sections 5.1-1,
SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section 5.2,
STANDARDS FOR ALL STRUCTURES.
(1) Within Zones A1-A30, AE and AU, and also Zone A if base flood elevation
data are available, new construction and substantial improvements of any nonresidential
structure, together with attendant utility and sanitary facilities, shall either:
(i) have the lowest floor, including basement or cellar, elevated to or

above the base flood elevation; or
(ii) be floodproofed so that the structure is watertight below the base flood
level with walls substantially impermeable to the passage of water. All
structural components located below the base flood level must be capable
of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy.
(2) Within Zone AO, new construction and substantial improvements of

nonresidential structures shall:
(i) have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high at least as high as the depth number
specified in feet on the community's FIRM (at least two feet if no depth
number is specified), or
(ii) together with attendant utility and sanitary facilities, be completely

floodproofed to that level to meet the floodproofing standard specified in
sub-section 5.4(1)(ii)
(3) If the structure is to be floodproofed, a licensed professional engineer or

architect shall develop and/or review structural design, specifications, and plans for
construction. A Floodproofing Certificate or other certification shall be provided to the
Local Administrator that certifies the design and methods of construction are in
accordance with accented standards of practice for meeting the provisions of Section
5.4(1)(ii), including the specific elevation (in relation to mean sea level) to which the
structure is to be floodproofed.
(4) Within Zones AH and AO, adequate drainage paths are required to guide flood
waters around and away from proposed structures on slopes.
(5) Within Zone A, when no base flood elevation data are available, the lowest
floor (including basement) shall be elevated at least three feet above the highest adjacent
grade.
5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES
The following standards in addition to the standards in Section 5.1, GENERAL

STANDARDS, and Section 5.2, STANDARDS FOR ALL STRUCTURES apply, as
indicated, in areas of special flood hazard to manufactured homes and to recreational
vehicles which are located in areas of special flood hazard.
(1) Recreational vehicles placed on sites within zones A1-A30, AE and AH shall
either:
(i) be on site fewer than 180 consecutive days,
(ii) be fully licensed and ready for highway use, or
(iii) meet the requirements for manufactured homes in paragraphs 5.5(2),

(4) and (5).
A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and security devices and has no
permanently attached additions.
(2) A manufactured home that is placed or substantially improved in Zones A1-

A30, AE and AH that is on a site either:
(i) outside of an existing manufactured home park or subdivision as herein

defined;
(ii) in a new manufactured home park or subdivision as herein defined;
(iii) in an expansion to an existing manufactured home park or subdivision

as herein defined; or
(iv) in an existing manufactured home park or subdivision as herein

defined on which a manufactured home has incurred substantial damage as
the result of a flood;
It shall be elevated on a permanent foundation such that the lowest floor is elevated to or
above the base flood elevation and is securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement. Elevation on piers
consisting of dry stacked blocks is prohibited. Methods of anchoring may include, but are
not limited to, use of over-the-top or frame ties to ground anchors.
(3) A manufactured home to be placed or substantially improved in Zone A1-

A30, AE, and AH in an existing manufactured home park or subdivision that is not to be
placed on a site on which a manufactured home has incurred substantial damage shall be:
(i) elevated in a manner such as required in paragraph 5.5(2), or
(ii) elevated such that the manufactured home chassis is supported by

reinforced piers or other foundation elements of at least equivalent
strength that are no less than 36 inches in height above the lowest adjacent
grade and are securely anchored to an adequately anchored foundation
system to resist flotation, collapse or lateral movement. Elevation on piers
consisting of dry stacked blocks is prohibited.
(4) Within Zone A, when no base flood elevation data are available, new and
substantially improved manufactured homes shall be elevated such that the manufactured
home chassis is supported by reinforced piers or other foundation elements of at least
equivalent strength that are no less than 36 inches in height above the lowest adjacent
grade and are securely anchored to an adequately anchored foundation system to resist
flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked
blocks is prohibited.
(5) Within Zone AO, the floor shall be elevated above the highest adjacent grade
at least as high as the depth number specified on the Flood Insurance Rate Map
enumerated in Section 3.2 (at least two feet if no depth number is specified). Elevation
on piers consisting of dry stacked blocks is prohibited.
SECTION 6.0: VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The Zoning Board of Appeals as established by the Zoning Code shall hear
and decide appeals and requests for variances from the requirements of this local law.
(2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged
there is an error in any requirement, decision, or determination made by the Local
Administrator in the enforcement of administration of this local law.
(3) Those aggrieved by the decision of the Zoning Board of Appeals may appeal
such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and
Rules.
(4) In passing upon such applications, the Zoning Board of Appeals shall consider
all technical evaluations, all relevant factors, standards specified in other sections of this
local law and:
(i) the danger that materials may be swept onto other lands to the injury of
others;
(ii) the danger to life and property due to flooding or erosion damage;
(iii) the susceptibility of the proposed facility and its contents to flood
damage and the affect of such damage on the individual owner;
(iv) the importance of the services provided by the proposed facility to the
community;
(v) the necessity to the facility of a waterfront location, where applicable;
(vi) the availability of alternative locations for the proposed use which are
not subject to flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and anticipated
development;
(viii) the relationship of the proposed use to the comprehensive plan and
floodplain management program of that area;
(ix) the safety of access to the property in times of flood for ordinary and
emergency vehicles;
(x) the costs to local governments and the dangers associated with
conducting search and rescue operations during periods of flooding;
(xi) the expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and tile effects of wave action, if applicable,
expected at the site; and
(xii) the costs of providing governmental services during and after flood
conditions, including search and rescue operations, maintenance and repair
of public utilities and facilities such as sewer, gas, electrical, and water
systems and streets and bridges.
(5) Upon consideration of the factors of Section 6.1(4) and the purposes of this
local law, the Zoning Board of Appeals may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this local law.
(6) The Local Administrator shall maintain the records of all appeal actions
including technical information and report any variances to the Federal Emergency
Management Agency upon request.
6.2 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the base flood level,
providing items (i-xii) in section 6.1(4) have been fully considered. As the lot size
increases beyond the one-half acre, the technical justification required for issuing the
variance increases.
(2) Variances may be issued for the repair or rehabilitation of historic structures
upon determination that:
(i) the proposed repair or rehabilitation will not preclude the structure's
continued designation as a "Historic structure".
(ii) the variance is the minimum necessary to preserve the historic

character and design of the structure.
(3) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that:
(i) the criteria of subparagraphs 1, 4, 5, and 6 of this Section are met;
(ii) the structure or other development is protected by methods that

minimize flood damages during the base flood and create no additional
threat to public safety.
(4) Variances shall not be issued within any designated floodway it any increase
in flood levels during the base flood discharge would result.
(5) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(6) Variances shall only be issued upon receiving written justification of:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in

exceptional hardship to the applicant; and
(iii) a determination that the granting of a variance will not result in

increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization of the
public or conflict with existing local laws or ordinances.
(7) Any applicant to whom a variance is granted for a building with the lowest
floor below the base flood elevation shall be given written notice over the signature of a
community official that the cost of flood insurance will be commensurate with the
increased risk resulting from lowest floor elevation.
ARTICLE 91-1100: NONCONFORMING USES
Section 91-1101. Continuation
The lawful use of any building or land existing at the time of the enactment of this Local
Law may be continued although such use does not conform with the provisions thereof.
Section 91-1102. Unsafe Structure
Any structure or portion thereof (containing a non-conforming use) declared unsafe by a

proper authority may be restored to a safe condition.
Section 91-1103. Alterations of a Nonconforming Building
A nonconforming building may not be constructed or structurally altered during its life to
an extent exceeding in aggregate cost fifty percent of the assessed value of the building
unless said building is changed to a conforming building.
Section 91-1104. Extension of a Nonconforming Use
A nonconforming use shall not be expanded and must remain with the structure or on the
lot where it existed at the time of the adoption of this Local Law. The extension of a
lawful use to any portion of a nonconforming building which existed prior to the
enactment of this Local Law shall not be deemed an extension of a nonconforming use.
Section 91-1105. Construction Approved Prior to Enactment of Local Law
Nothing herein contained shall require any change in plan, construction or designated use
of a building for which a building perm1t has been heretofore issued and the construction
of which shall have been diligently prosecuted within eighteen (18) months of the date of
such permit.
Section 91-1106. Restoration
No building damaged by fire (or other causes) to the extent of more than fifty percent of
its market value shall be repaired or rebuilt except in conformity with the bulk and area
regulations of this Local Law. The building can be rebuilt for the use it contained prior to
the damage by fire (or other causes) if a development permit is obtained from the Zoning
Officer within six months of the destruction by fire or other calamity and such building is
completed within 18 months of such fire.
Section 91-1107. Abandonment
Whenever a nonconforming use has been discontinued for a period of one year, such use
shall not thereafter be reestablished and any future use shall be in conformity with the
provisions of this Local Law.
Section 91-1108. Changes
Once changed to a conforming use or conforming building, no building or land shall be

permitted to a nonconforming use or nonconforming building.
Section 91-1109. Displacement
No nonconforming use shall be extended to displace a conforming use.
Section 91-1110. District Changed
Whenever the boundaries of a district or zone shall be changed so as to transfer an area

from one district or zone of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein.
Section 91-1111. Signs
All nonconforming signs shall be completely removed from the premises not later than
January 1, 1984.
ARTICLE 91-1200: ADMINISTRATION
Section 91-1201. Enforcement
This Local Law shall be enforced by the Zoning Officer or Deputy Zoning Officer who
shall be appointed by the Busti Town Board. No development permit, use permit, sign
permit or flood plan development permit shall be issued by him except in compliance
with the provisions of this Local Law.
Section 91-1202. Duties of the Zoning Officer
It shall be the duty of the Zoning Officer in connection with this Local Law to do the
following:
A. Make a record of nonconforming uses; and
B. Issue permits or refuse to issue the same and give the reasons for the same to
the applicant; and
C. Keep a record of all applications for permits and a record of all permits issued
with a notation of all special conditions involved; and
D. Keep all required fees and deposit the same with the Town Clerk; and
E. Keep the Town Board, Planning Board and Zoning Board of Appeals, together
with the Town Attorney informed and advised of all matters other than those of a routine
nature in connecting with this Local Law and its enforcement and administration; and
F. Submit such reports as may be deemed necessary by either the Zoning Board of
Appeals, the Planning Board or the Town Board; and
G. Whenever possible to advise and assist persons applying for permits under this
Local Law in the preparations of their applications; and
H. Make recommendations for keeping this Local Law and the accompanying
map up to date; and
I. Bring all nonconforming and commercial and industrial applications to the

Planning Board for its review and recommendation; and
J. Bring all special use permit applications and applications for variances and
flood plain development permits to the Zoning Board of Appeals and the Planning Board
for their review and recommendation; and
K. Bring all special use permit applications for motor vehicle services stations and
mobile home parks to the Town Board for its review and recommendation; and
L. Inspect new construction or changes of use during and after construction or any
change in use to insure conformity with the provisions of this Local Law; and
M. Advise both the Town Attorney and the Town Board of any and all violations
of any provisions of this Local Law.
N. The Zoning Officer, whenever lie shall determine that a violation of this Local
Law exists, may issue appearance tickets, cause information to be filed with the Town
Justice Court or any other judicial body which he deems appropriate, provided the same
has jurisdiction and take whatever other action he deems appropriate to prosecute such
violation and cause an abatement thereof including seeking a restraining order or
induction to abate such illegal activity.
Section 91-1203. Permits
Four types of permits shall be issued in accordance herewith:
A. Development Permit: No building or structure will be erected, added to or

structurally altered until a development permit has been issued by the Zoning Officer.
Such a permit may be issued in conjunction with a Use Permit and/or a Sign Permit.
B. Use Permit: No use shall be made of any real property in the Town of Busti,
except for agricultural purposes where permitted hereunder, until a Use Permit shall have
been issued by the Zoning Officer. Such a permit may be issued in conjunction with a
Development Permit and/or a Sign Permit.
C. Sign Permit: No sign shall be placed or installed in the Town of Busti, nor shall
any nonconforming sign be continued, except those allowed under Section 91-804-1-a, b
and c of this Local Law unless a permit shall have been issued by the Zoning Officer.
Such a permit may be issued in conjunction with a Development Permit, a Use Permit of
a Flood Plain Development Permit.
D. Flood Plain Development Permit: The Zoning Officer shall issue Flood Plain
Development Permits in accordance with the provisions of Article 91-1000 of this Local
Law.
E. General Provisions:
1. No permit of any kind shall be issued where the proposed development,

use or sign is not in conformity with the provisions of this Local Law.
2. The application for any permit provided for hereunder shall be upon
such form or forms as the Zoning Officer shall prescribe and shall contain
a statement as to cost, location, proposed use, sanitation facilities to be
provided, if any, and such other information as is required by other
provisions of this Local Law. The Zoning Officer may require any other
information that he deems appropriate for the purposes of carrying out the
intent and purpose of this Local Law.
3. All permit applications except for Use Permits, shall contain two copies
of a layout or plot drawn to scale and showing the actual dimensions of the
lot to be built upon, the approximate size arid the location on the lot of all
existing buildings and accessory buildings and all buildings to be erected,
the location of adjoining highway right-of-way lines and other information
as may be necessary to determine and provide for the enforcement of this
Local Law.
4. No permit shall be issued until sanitation, sewage and waste disposal

facilities have been approved by the County Health Department and/or
State of New York.
5. All applications for development permit applications for commercial

and industrial buildings shall contain information detailing drainage and
landscape plans, off-street parking, off-street loading and other data the
Planning Board deems appropriate and necessary to facilitate their review.
6. A permit shall be void at the expiration of 180 days after the date of its
issuance unless approved work has reasonably progressed within such
180-day period. The maximum length of a Development Permit shall be
for two years. At the expiration of said period, the permit may be renewed
once for a period of one year.
Pursuant to the provisions of the Town Law applicable hereto, there is hereby established
a Zoning Board of Appeals consisting of five (5) members each appointed by the Town
Board. The Zoning Board of Appeals, consistent with the provisions of the Town Law,
shall determine its own rules, conduct and procedure except that the Town Board shall
appoint its chairman.
The Zoning Board of Appeals shall have all the powers and duties prescribed by law and
by this Local Law, more particularly specified as follows:
A. Review: The Zoning Board of Appeals, consistent with the provisions of the
Town Law, shall hear and decide all appeals from and review any order, requirement,
decision or determination made by the Zoning Officer charged with enforcement of this
Local Law, including the interpretation of this Local Law. It shall also hear and decide all
matters referred to it or upon which it is to pass under this Local Law or any other Local
Law.
B. Variances: The Board of Zoning Appeals may grant variances as follows:
1. Where there are practical difficulties or unnecessary hardships in the
way of carrying out the strict letter of this Local Law, the Zoning Board of
Appeals shall have the power in passing upon appeals to vary or modify
the application of the regulations or provisions hereunder relating to the
use, construction or alteration of buildings or structures or the use of land
or the placement of signs so that the spirit of this Local Law shall be
observed and public safety and welfare secured and substantial justice
done. No variance shall be granted by the Zoning Board of Appeals unless
it finds:
a. That there are special circumstances or conditions fully
described in the findings of the Board of Appeals applying to the
land or buildings in question and not applying generally to land or
buildings in the neighborhood and other such circumstances or
conditions such that the strict application of the provisions of this
Local Law would deprive the applicant of the reasonable use of
such land or buildings; and
b. That for reasons fully set forth in the findings of the Zoning
Board of Appeals the granting of a variance is required and
necessary for the reasonable use of the land or the building and that
the variance granted by the Zoning Board of Appeals is the
(1) In the event a variance is not utilized within four
months of granting it, then the variance shall be revoked
and a new petition filled.
(2) In the event that the variance is utilized but the property
on which it is located is not used, or is vacant for a period
of one year, or the property is used but the variance ceases
to be used for a period of one year, the variance shall cease.
(3) Proof that a copy of the variance has been filled in the
County Clerk's office under miscellaneous records shall be
provided to the Zoning Officer before the use or
development for which a variance is granted shall begin.
Cost and responsibility of filing shall be born by the
applicant.
C. Special Use Permits: When in the judgment of the Zoning Board of Appeals,
the public convenience and welfare will be substantially served and the appropriate use of
the neighboring property will not be injured thereby, the Zoning Board of Appeals may in
appropriate and specific instances after public notice and hearing and subject to
appropriate conditions and safeguards, grant a special use permit whenever it is provided
in this Local Law that the approval of the Zoning Board of Appeals is required or refuse
to grant the same or take such action as is justified provided that in the event that it
refuses to grant such a permit, that he Zoning Board of Appeals provides written findings
of the reasons for such refusal. Such special use permit shall be used only in accordance
with the general standards and rules set forth as follows:
1. Such special use shall comply with all applicable regulations of this
Local Law for the District within which it is to be located except as
waived by the Zoning Board of Appeals.
2. Such use shall comply with the standards as they are set forth for the
special use In Sections 91-504, 91-505, 91-602 of this Local Law.
3. Such special use shall comply with any conditions deemed necessary by
the Zoning Board of Appeals (e.g. access roads, fences, landscaping, etc.)
in order to protect the value of adjacent properties and promote the orderly
development of the surrounding area.
4. In the event that a special permit is not utilized within four months of it
having been granted, then the special use permit shall be revoked and a
new petition must be filed for any subsequent permit.
5. In the event that the special permit is utilized but the property in which
it is located is not used for a period of one year or the property is used by
9. Proof that the special use permit has been filed in the Miscellaneous
Records Section of the County Clerk's Office shall be presented to the
Zoning Officer before the use or development for which a special use
permit is granted shall begin.
A. The Zoning Board of Appeals shall act in strict compliance and accordance
with the procedures specified in this Local Law and those specified by law. All appeals
and applications to the Zoning Board of Appeals shall be in writing and be designated as
"petitions," on such form or forms as shall be prescribed by the Zoning Board of Appeals.
Every appeal or application shall refer to the specific provision of this Local Law
involved and shall exactly set forth the interpretation that is claimed, the use for which
the special use permit is sought or the details of the variance that is applied for and the
grounds on which it is claimed that the variance should be granted as the case may be.
B. At least ten (10) days before the date of the hearing required by law and on
application or appeal to the Zoning Board of Appeals, the secretary of said Board shall
transmit to the Planning Board a copy of said application or appeal and the Planning
Board shall submit a report of such advisory opinion prior to the date of such hearing.
Upon failure to submit such report, the Planning Board shall be deemed to have rendered
no opinion. Every decision of the Board of Appeals shall be by resolution each of which
shall contain a full record of the findings of the Board of Appeals on a particular case.
C. In addition to giving notice as prescribed by the town law, the town clerk shall
send notice by mail to all property owners as shown on the assessment role of the Town
of Busti who own property located within 500 feet of the property in questions, provided,
that in the event the property is bounded both north of Hunt Road and northwest of the
Conrail Railroad tracks in the, Town of Busti, such notice shall only be sent to property
owners as shown on the, assessment role of the Town of Busti who own property located
within 250 feet of the property in question. In the absence of bad faith or deliberate
intent, the failure to send notice to less than 50 percent of the property owners shall not
invalidate the action of the Zoning Board of App6als. If the applicant files with the
Zoning Board of Appeals a signed consent for such special permit or variance signed by
more than 50 percent of the affected owners, or if the applicant filed or is requested to file
an affidavit that he has served notice by mail or in person to all such property owners, the
town clerk shall be relieved of the duty to mail or send notices to such property owners.
Before issuing a special permit or granting a variance effecting any real property lying
within its distance of 500 feet of the boundary of the Town of Busti from the boundary of
any existing or proposed county or state park or other recreation area or from the right-ofway
said Department shall report its recommendation thereon to the Board of Appeals
accompanied with a full statement as to the reason within such period of thirty (30) days
or such longer period as may have been agreed upon by it and the Board of Appeals, the
Board of Appeals may act without such report. If the Chautauqua County Planning Board
disapproves the proposal or recommends modification thereof, the Board of Appeals shall
not act contrary to such disapproval or recommendation except by a vote of four
members thereof and after the adoption of a resolution fully setting forth the reasons for
such Contrary action.
Within seven (7) days after final action by the Board of Appea1s, modifications or
disapproval of a referred matter, the Board of Appeals shall file a final report action it has
taken with the Chautauqua County Planning Board which had made the recommendation,
modifications or disapproval.
Any applications for an amendment, variance or special use permit filed by or on behalf
of the owners of the property affected shall be accompanied by a fee of $20.00.
No special use permit or variance shall be granted by the Zoning Board of Appeals or the
Town Board except after a public hearing upon notice published in the official Town
newspaper, such notice to be so published at least five (5) days prior to the date of such
hearing.
Section 91-1302(B) is hereby amended to read as follows:
B. Variances: The Board of Zoning Appeals may grant variances as follows:
1. Use variances.
a. The Board of Appeals, on appeal from the decision or determination of the Zoning Officer charged
with the enforcement of the Zoning Law, shall have the power to grant use variances, authorizing a
use of the land which otherwise would not be allowed or would be prohibited by the terms of this law.
b. No such use variance shall be granted by the Board of Appeals without a showing by the applicant
that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to
prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that:
c. The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it
shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and
at the same time preserve and protect the character of the neighborhood and the health, safety and
welfare of the community.
2. Area variances.
a. The Zoning Board of Appeals shall have the power, upon an appeal from a decision or
determination of the Zoning Officer official charged with the enforcement of this Zoning Law, to
grant area variances from the area or dimensional requirements of such law.
b. In making its determination, the Board of Appeals shall take into consideration the benefit to the
applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare
of the neighborhood or community by such grant. In making such determination, the Board shall
consider whether:
(1) 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) The benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance;
(3) The requested area variance is substantial;
(4) The proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district; and
(5) The alleged difficulty was self-created, which consideration shall be relevant to the
decision of the Board of Appeals but shall not necessarily preclude the granting of the area variance.
c. The Board of Appeals, in the granting of area variances, shall grant the minimum 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.
3. Imposition of conditions.
a. The Board of Appeals shall, in the granting of both use variances and 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 or the period of time such variance shall be in effect. 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 variance may have on the neighborhood or
community.
(3) Proof that a copy of the variance has been filed in the County Clerk's office under
miscellaneous records shall be provided to the Zoning Officer before the use or development for
which a variance is granted shall begin. The cost and responsibility of filing shall be borne by the
applicant.
This Local Law shall become effective on the date it shall be filed in the office of the Secretary of
State.
ARTICLE 91-1400: PLANNING BOARD
Section 91-1401. Appointment
The Town Board shall appoint a Planning Board consisting of seven (7) members as
prescribed by Section 271 of the Town Law. No appointment shall be valid unless the
appointee is a resident and real property owner of the Town of Busti. The Town Board
shall appoint the Chairman of the Planning Board although all other matters of procedure
shall be determined by the Planning Board.
Section 91-1402. Duties
The Planning Board for the Town of Busti shall have the following duties:
1. To study, hold hearings and submit recommendations on all matters referred to

it by the Board of Appeals, Zoning Officer and/or Town Board.
2. To submit reports within thirty (30) days after reference to it of any appeal or
other matter unless the time shall be extended by the Zoning Officer of the Board making
the reference.
3. To hold at least six meetings each year at the direction of the Chairman and at
such other times as the Chairman of the Planning Board may deem necessary. All
meetings of the Planning Board shall be open to the public. The secretary of the Planning
Board shall keep minutes of all meetings of the Board. The meetings shall be presided at
by the Vice Chairman also to be appointed by the Town Board in the absence of the
Chairman.
4. To prepare and change the comprehensive master plan and map for the
development of the entire Town of Busti if and when requested to do so by the Town
Board or at the Planning Board's discretion.
5. To approve plots in accordance with Article 16 of the Town Law.
6. To review, recommend and approve (prior to the issuance of a use permit) site
plans for mobile home parks, commercial or industrial or buildings or uses. Such site
plans shall be submitted to the Planning Board at least ten (10) days prior to its next
scheduled meeting and shall consist of the following:
a. A plot plan drawn to scale prepared by art engineer, surveyor or

architect (registered by the State of New York) showing the exact size,
shape and dimensions of the lot to be built upon;
b. The exact size and locations on the lot: of all existing buildings and
structures;
c. The exact size and location on the lot of the structure of building
proposed to be erected, moved, repaired or altered;
d. All adjacent streets or alleys with traffic flow patterns;
e. The proposed parking facilities, including the size, arrangement and

number of parking stalls and placement of lighting standards;
f. The movement of all vehicles and ingress and egress device for all off-
street parking and loading areas (both front and rear) to insure the
prevention of blockage of vehicles entering and leaving the site;
g. Preliminary architectural and engineering sketches showing plan levels,

elevations, landscape plan and any other necessary information related to
water runoff control, slope, contours, type of building, etc;
h. Areas to be utilized for storage of materials and type of architectural

screen to be used;
i. Such other information as may be required by the Planning determine

their recommendation of decision.
ARTICLE 91-1500: VIOLATIONS AND PENALTIES
Section 91-1501. Violations
Whenever a violation of the Local Law occurs, any person may file a compliant with
regard thereto. All such complaints must be in writing and shall be filed with the Zoning
Officer, who shall properly record such compliant and immediately investigate.
Section 91-1502. Penalties
1. Any violation of any provision of this Local Law by any person corporation or
organization shall be punishable as a violation and shall be punishable by fine not to
exceed Two Hundred Fifty Dollars ($250.00) or imprisonment for a period not to exceed
fifteen (15) days or both. Each week's continued violation shall constitute a separate
additional violation.
2. In addition to the foregoing remedies, the Zoning Board of Appeals may maintain an
action for an injunction or other remedy to prevent such unlawful erection, structural
alteration; reconstruction and/or use or to restrain, correct or abate such violation, or to
prevent the occupancy of such building, structure or land, or to prevent any illegal act,
conduct, business or use in or about such premises.
ARTICLE 91-1600: AMENDMENTS
Section 91-1601. Amendments
The regulations, restrictions and boundaries established by this Local Law may from time
to time be amended, supplemented, changed or modified or repealed by Local Law. Such
amendment, supplement, change, modification or repeal can be made on a motion by the
Town Board or on petition or on the recommendation of the Planning Board and the
Board of Appeals after a public hearing and due notice thereof. Every such proposed
amendment shall be submitted to the Planning Board for a report and recommendation
prior to the public hearing thereon. Additionally any and all amendments shall be referred
to the Chautauqua County Planning Board in accordance with the provisions of State law.
ARTICLE 91-1700: CONFLICTS, REPEALER, EFFECT
Section 91-1701. Conflicts
In their interpretation and application, the provisions of this Local Law shall be held to be
minimum requirements, adopted for the promotion of the public health, morals, safety or
the general welfare. Whenever the requirements of this Local Law are at variance with
the requirements of any other lawfully adopted codes, laws, rules, regulations or
ordinances, the most restrictive or that imposing the higher standards shall govern.
Section 91-1702. Validity
The invalidity of any provision of this Local Law shall not invalidate any other part
thereof.
Section 91-1703. Repealer
All previously adopted Zoning Ordinances, Local Laws or regulations of the Town of
Busti, together with all changes and amendments thereto, are hereto repealed.
Section 91-1704. Effect
1. This Local Law shall take effect immediately upon its filing as required by the
Municipal Home Rule Law.
2. The Town Clerk is hereby authorized, empowered and directed to effect the
publication and posting of this Local Law and code pursuant to the provisions of the
Town Law and any other applicable status.
NOTICE OF ENACTMENT
OF LOCAL LAW NO. l FOR THE
YEAR 1993 OF
THE TOWN OF BUSTI
COUNTY OF CHAUTAUQUA
AND STATE OF NEW YORK
PLEASE TAKE NOTICE, that the following LOCAL LAW was adopted by the
Town Board of the Town of Busti on March 22, 1993;
At a regular meeting of the Town Board of the Town of Busti, duly called and
held at the Town Administration Building, 121 Chautauqua Avenue, Lakewood, New
York on the 22nd day of March, 1993 at 6:45 P.M.
Upon motion duly made by Supervisor Robbins, seconded by Councilman

Tarbrake, the following local law was duly adopted by a unanimous roll call vote:
WHEREAS, a public hearing was duly called and held before the Town Board of
the Town of Busti at 6:45 P.M. on March 22, 1993 at the Town Administration Building,
121 Chautauqua Avenue, Lakewood, New York on the question of the proposed "Local
Law No. l of the Year 1993"
WHEREAS, due publication of the Notice of Public Hearing upon the proposed
Local Law has been presented to the Town Board; and
NOW, THEREFORE, BE IT RESOLVED, that the following Local Law be and

the same is adopted.
LOCAL LAW NO. 1

OF THE YEAR 1993
A Local law to amend the flood prevention provisions of the Town of Busti Zoning Code.
Be it enacted by the Town Board of the Town of Busti, Chautauqua County, as

follows:
Article I: This local law shall be entitled "A local law to amend the flood
prevention provisions of the Town of Busti Zoning code."
Article II: The provisions of Article 91-1000, Section 3.2 be and the same are
hereby repealed.
Article III: The Town Code of the Town of Busti, Article 9-1000, Section 3.2 be
and the same is hereby amended to provide as follows:
Basis for establishing the areas of special flood hazard

The areas of special flood hazard are identified and defined on the following documents
prepared by the Federal Emergency Management Agency, to wit:
(1) Flood insurance rate map (multiple panels) Index No.: 361106 004 C, 0008 C,
0011 C, 0016 C, 0017 C, 0020 C, and 0030 C whose effective date is January 20, 1993.
(2) A scientific and engineering report entitled "Flood Insurance Study, Town of
Busti, New York, Chautauqua County" dated January 20, 1993.
Article IV: This local law shall take effect immediately upon filing with the
Secretary of State.
3/22/93
Be it enacted by the TOWN BOARD of the Town of BUSTI, CHAUTAUQUA County,
New York as follows:
Local Law No. 1 for the year 1995 of the Town of Busti, County of Chautauqua and State
of New York.
A LOCAL LAW TO AMEND ARTICLE 91 OF

THE BUSTI TOWN CODE ENTITLED
"TOWN OF BUSTI ZONING CODE"
Be it enacted by the Busti Town Board as follows:
Article 1:
Title. The title of this local law shall be "A Local Law to amend Article 91 of the
Busti Town Code entitled TOWN OF BUSTI ZONING CODE".
Article 2:
Purpose. The purpose of this local law is to amend the Town of Busti Zoning
Code as Local Law No. 2 for the year 1983 and as thereafter amended, to insure the more
efficient administration of planning and zoning in the Town of Busti.
Article 3:
Amendments. The Town of Busti Zoning Code, adopted by the Town Board of
the Town of Busti as Local Law No. 2 for the year 1983, and as thereafter amended, and
known as Article 91 of the Town Code of the Town of Busti, is hereby amended as
follows:
a). Section 91-460. LC - Lakeshore Commercial District is hereby amended

to read as follows:

• Single and two family detached residential dwelling units (except mobile homes).
recreational equipment and supplies, boats and boat equipment.
• Marinas.
• Boat repair and boat building facilities.
• Facilities for servicing boats.
• Hotels, motels and over-night cabins.
• Boat houses, boat launches, piers, wharves, docks, bulkheads, jetties and similar
structures.
Town of Busti: None.
Appeals: Indoor and outdoor recreational facilities.
4. Permitted accessory uses: Outdoor storage of any of the items used or sold incident to
a primary use; any accessory use of building customarily incidental to a primary use
when located on the same lot including outdoor boat storage.
5. Lot Limitations for all but single and two-family residential uses:

feet from the lake.
lake.

Marinas 1 space for each boat slip
Any other use 2 spaces for each 250 square feet of gross floor space
6. Lot Limitations for single and two family residential uses.
a. Minimum lot area: ¼ acre (or less where the lot was of record prior to 10-1-94).
d. Minimum front yard dimension: 50 feet from highway unless prior to 10-1-94 a
structure was located on premises closer than 50 feet from a highway in which
event the structure may be located the same distance from the highway as the
prior structure.
feet from the lake.
lake.
One family dwelling 2 spaces for each boat slip
Two family dwelling 4 spaces for each 250 square feet of gross floor space
7. Any of the uses permitted by right shall not protrude past natural shoreline at high
water level exclusive of piers, wharves, docks, bulkheads, jetties and similar structures.
b. Section 91-465. GC - Gateway Commercial District is hereby amended to

provide as follows:

• Single and two family detached residential dwelling units (except mobile homes).
recreation equipment and supplies, boats and boat equipment (including boat
storage).
• Hotels, motels, and bed and breakfasts.
• Florist shops.
• Nurseries.
• Ice cream shops.
2. Permitted uses subject to securing a special use permit from the Town of Busti: None.
Appeals: Indoor and outdoor recreational facilities.
4. Permitted accessory uses: Any accessory use of building customarily incidental to a

primary use when located on the same lot.
5. Lot limitations for all but single and two family residential uses:

e. Minimum side yard dimension: 20 feet each side.
h. Off-street parking.

All uses 2 spaces for each 250 square feet of gross floor space
6. Lot limitations for single and two family residential uses:
a. Minimum lot area: ¼ acre (or less where the lot was of record prior to 10-1-94).
d. Minimum front yard d dimension: 50 feet from highway unless prior to 10-1-94
a structure was located on premises closer than 50 feet from a highway in which
event the structure may be located the same distance from the highway as the
prior structure.
feet from the lake.
lake.

One family dwelling 2 spaces for each boat slip
Two family dwelling 4 spaces for each 250 square feet of gross floor space
c. Section 91-1106. Restoration is hereby revised to read as follows:
Section 91-1106. Restoration: Notwithstanding any other provision of this article,

any nonconforming building completely destroyed or partially destroyed by fire, flood, or
other catastrophe may be restored or rebuilt to the same dimension, within a period of
two years from the date of such destruction, and when so restored or rebuilt, the
nonconforming use that it had immediately prior to such destruction may be continued.
d. Subparagraph "g" appearing under "Lot Limitations" of Section 91-410.

C - Conservation/Residential District is hereby amended to read as follows:
g. Maximum Building Height: 2 1/2 stories (i.e. 28 feet).
e. Subparagraph "g" appearing under "Lot Limitations" of Section 91-420.

CA - Conservation/Agricultural District is hereby amended to read as follows:
f. Subparagraph "g" appearing under "Lot Limitations" of Section 91-430.

CAMP (Conservation/Agricultural and Mobile Home Park District) is hereby
amended to read as follows:
g. Maximum Building Height 2 1/2 stories (i.e. 28 feet).
g. Subparagraph "g" appearing under "Lot Limitations” of Section 91-440.

SR - Single Family Residential District is hereby amended to read as follows:
h. Subparagraph "g" appearing under "Lot Limitations" of Section 91-470.

HC - Highway Commercial District is hereby amended to read as follows:
i. Subparagraph "g" appearing under "Lot Limitations" of Section 91-480. I

- Industrial District is hereby amended to read as follows:
g. Maximum Building Height: 30 feet.
j. Subparagraph "g" appearing under "Lot Limitations" of Section 91-490.

LMR - Light Manufacturing and Research and Development District is hereby
amended to read as follows:
g. Maximum Building Height: 30 feet.
k. The definition of "BUILDING HEIGHT" as set forth in Section 91-201.

Language, is amended to read:
BUILDING HEIGHT - The tallest point of the structure.
Article 4:
Effective Date. This local law shall take effect immediately.
3/30/95
Be it enacted by the TOWN BOARD of the Town of BUSTI, CHAUTAUQUA County,
New York as follows:
of New York.
LOCAL LAW TO AMEND ARTICLE 91 OF

THE BUSTI TOWN CODE ENTITLED
"TOWN OF BUSTI ZONING CODE"
Be it enacted by the Busti Town Board as follows:
Article 1:
Title. The title of this local law shall be entitled A Local Law to amend Article 91
of the Busti Town Code entitled "TOWN OF BUSTI ZONING CODE."
Article 2:
Purpose. The purpose of this local law is to amend the Town of Busti Zoning
Code, adopted by the Town Board of the Town of Busti as Local Law No. 2 for the year
1983, and as thereafter amended, to insure the more efficient administration of planning
and zoning in the Town of Busti.
Article 3:
Amendments. The Town of Busti Zoning Code, adopted by the Town Board of
the Town of Busti as Local Law No. 2 for the year 1983, and as thereafter amended, and
known as Article 91 of the Town Code of the Town of Busti, is hereby amended as
follows:
(a). Section 91-602. Special Use Permits for the Town of Busti Zoning Board of
Appeals, subsection 3 is hereby amended to read as follows:
3. Customary home occupations: Customary home occupations shall be allowed

in the CA and CAMP District by securing a special permit from the Zoning Board of
Appeals of the Town of Busti, provided that:
A. Such occupation is carried on in a residential dwelling unit or a

building or other structure accessory to such dwelling unit; and

dwelling unit; and
C. Such occupation is clearly incidental and accessory or secondary to the

use of the dwelling unit for residential purposes; and
D. Such occupation is carried on in accordance with the following

conditions:
(1). No exterior sign, except that placed pursuant to a permit issued
under Section 91-804 of this Local Law, shall be placed on the
premises; and
(2). No exterior storage of materials and no exterior indication of

the home occupation or profession or variation of the residential
character of the principal building shall be allowed; and
(3). The occupation or profession shall be carried on solely within

the principal building or within a building or other structure
accessory thereto; and
(4). Not more than two persons outside the family shall be
employed in a home occupation; and
(5). No offensive odor, noise, vibration, smoke, dust, heat or glare

shall be produced; and
(6). Off-street parking sufficient to serve all persons availing

themselves of the home occupation shall be provided by the
applicant.
(b). Section 91-602. Special Use Permits for the Town of Busti Zoning Board of
Appeals, Section 3.1, is hereby amended to read as follows:
3.1 Home enterprise occupation: Home enterprise occupations shall be allowed in

the CA District by securing a special permit from the Zoning Board of Appeals of the
Town of Busti, provided that:
A. Such occupation is carried on in a residential dwelling unit or a

building designated for such occupation located on the same lot as the
dwelling unit and is not more than 1500 square feet in size;

dwelling unit;
C. Such occupation is clearly incidental and accessory or secondary to the

use of the dwelling unit for residential purposes;
D. Such occupation is carried on in accordance with the following

conditions:
(1). No exterior sign, except that placed pursuant to a permit issued

under Section 91-804 of Town of Busti Zoning Code shall be
placed on the premises; and
(2). No exterior storage of materials and no exterior indication of
the home occupation or profession or variation of the residential
character of the building or lot shall be allowed; and
(3). Not more than two persons outside the family shall be
employed in a home occupation; and
(4). No offensive odor, noise, vibration, smoke, dust, heat or glare

shall be produced; and
(5). Off-street parking sufficient to serve all persons availing

themselves of the home occupation shall be provided by the
applicant; and
(6). The home enterprise occupation shall be carried on a lot not

less than two acres in size and having a minimum lot width of at
least 250 feet;
E. The Zoning Board of Appeals may require, when requested by property

owners owning property or persons residing within 1000 feet of the lot
upon which the home enterprise occupation is to be carried on, that a
visual barrier or landscaped screen be provided and maintained. This
screen may be composed of plants and trees arranged to provide either a
low-level or a high-level screen, or both. The high-level screen shall
consist of trees planted with specimens no shorter than six foot and
planted at intervals of not more than ten feet. The low-level screen shall
consist of shrubs or hedges planted at an interval height of not less than
two feet and spaced at intervals of not more than five feet. All plants not
surviving three years after planting must be replaced.
Effective Date. This Local Law shall take effect immediately.
7/29/95
LOCAL LAW #3
BE IT ENACTED by the Town Board of the Town of Busti as follows:
ARTICLE 1: Title. The title of this local law shall be a local law to amend
Article 91 of the Busti Town code, said article being entitled "Town of Busti Zoning
Code."
ARTICLE 2: Purpose. The purpose of this local law is to amend the Town of
Busti Zoning code, adopted by the Town Board of the Town of Busti, as Local Law No. 2
for the year 1983 and thereafter amended to insure a more efficient administration of
planning and zoning in the Town of Busti.
ARTICLE 3: Amendment. The Town of Busti Zoning Code, adopted by the

Town Board of the Town of Busti, as Local Law No. 2 for the year 1983, and thereafter
amended and known as Article 91 of the Town Code of the Town of Busti, is hereby
amended as follows:
(a). To Section 91-302. Zoning district Boundaries, Subparagraph (7) is added

Paragraph (i) which shall provide as follows: Commencing at a point at the intersection
of the center line of NYS Route 394 and the Big Tree Road; running thence southerly 261
feet along the center line of Big Tree Road to a point; running thence easterly parallel to
NYS Route 394, 300 feet to a point; running thence southerly and at all times 300 feet
distant from the center line of Big Tree Road to the northern boundary of the Northern
Conrail Railroad property line; running thence along the Northern Conrail Railroad
property line to a point where it intersects with the westerly boundary of the Village of
Lakewood; running thence northerly along the westerly boundary of the Village of
Lakewood to a point in the center line of NYS Route 394; running thence westerly along
the centerline of NYS Route 394 to the place of beginning.
(b). To section 91-302. Zoning District Boundaries, Subparagraph (5) is added

the following: Excepting property commencing at a point at the intersection of the center
line of NYS Route 394 and the Big Tree Road; running thence southerly 261 feet along
the center line of Big Tree Road to a point; running thence easterly parallel to NYS Route
394, 300 feet to a point; running thence southerly and at all times 300 feet distant from
the center line of Big Tree Road to the northern boundary of the northern Conrail
property line; running thence along the northern Conrail Railroad property line to a point
where it intersects with the westerly boundary of the Village of Lakewood; running
thence northerly along the westerly boundary of the Village of Lakewood to a point in the
centerline of NYS Route 394; running thence westerly along the centerline of NYS Route
394 to the place of beginning.
ARTICLE 4: Effective Date. This Local law shall take effect immediately upon
the filing with the Secretary of State.
7/12/93
of New York.
1998 AMENDMENT TO ZONING LAW
BE IT ENACTED by the Town Board of the Town of Busti as follows: The

Zoning Code of the Town of Busti as heretofore enacted is hereby amended to provide as
follows:
1. Section 91-202 entitled definitions is hereby amended as follows:
A. The following definitions are hereby inserted into the Zoning Code in
alphabetical sequence:
1. Communication Tower - any structure designed to be used for the support of any
device for transmitting and/or receiving signals for the purpose of communication,
including but not limited to broadcast, shortwave, citizens band, AM radio, FM radio,
television, microwave, cellular, digital or personal communication devices.
2. Utility Distribution Facility - ground level, below ground level, or above ground level
transformers, compressors, stations, pumps or other facilities utilized in the transmission
of electricity, natural gas, water, or sewage.
B. The following definitions are hereby amended:
1. Essential Services - the erection, construction, alteration or maintenance by public

utilities, municipal or other governmental agencies, or gas, electrical, steam, water,
sewage and purveyors of communication systems and facilities serving customers in the
Town of Busti outside of the Village of Lakewood, but not including communication
towers or utility distribution facilities. Railroad trackage facilities and bus shelters are
considered as essential services.
2. The first sentence of Subsection 3 of Section 91-420. CA -

Conservation/Agricultural District is hereby amended to read as follows: Permitted
uses subject to securing use permits from the Zoning Board of Appeals: Camps, game
farms, fish hatcheries and fishing reserves, and dog kennels.
3. The first sentence of Subsection 3 of Section 91-430. CAMP - Agricultural Mobile

Home Park District is amended to read as follows: Permit uses subject to securing a
special use permit from the Zoning Board of Appeals: Camps, game farms, fish
hatcheries and fishing reserves, dog kennels; radio and television studios.
Communications towers, utility distribution facilities and junkyards shall be permitted in
that portion of the CAMP district bounded as follows: west by Town of Harmony; south
by Commonwealth of Pennsylvania; east by Wellman Road; north by Kortwright Road.
4. The first sentence of Subsection 3 of Section 91-440. SR - Single Family
Residential District is hereby amended to read as follows: Permitted uses subject to
securing special use permits from the Zoning Board of Appeals: Customary home
occupations.
5. The first sentence of Subsection 3 of Section 91-450. MR - Multi-Family

Residential District is hereby amended to read as follows: Permitted uses subject to
securing special use permits from the Zoning Board of Appeals: Camps, game farms, fish
hatcheries and fishing reserves, dog kennels, club, fraternal lodge and meeting halls,
home occupation of a restricted nature and nursing or convalescent home or sanitarium.
6. The first sentence of Subsection 3 of Section 91-460. LC - Lakeshore Commercial

District is hereby amended to read as follows: Permitted uses subject to securing
special use permits from the Zoning Board of Appeals: Camps, game farms, fish
hatcheries and fishing reserves, dog kennels and indoor and outdoor recreational
facilities.
7. The first sentence of Subsection 3 of Section 91-465. GC - Gateway Commercial

special use permits from the Zoning Board of Appeals: Camps, aquaculture, agricultural
game farms, fish hatcheries and fishing reserves, dog kennels and indoor and outdoor
recreational facilities.
8. The first sentence of Subsection 3 of Section 91-470. HC - Highway Commercial

special use permits from the Zoning Board of Appeals: Camps, game farms, fish
hatcheries and fishing reserves and dog kennels.
9. The first section of Subsection 3 of Section 91-480. I - Industrial District is hereby

amended to read as follows: Permitted uses subject to securing a special use permit
from the Board of Appeals: Radio and television studios, communication towers and
utility distribution facilities.
10. Subsection 7 of Section 91-602-Special Use Permits from the Zoning Board of
Appeals is amended to read as follows:
COMMUNICATION TOWERS:
A. Purpose: The purpose of this section is to promote the health, safety

and general welfare of the residents of the Town of Busti; to provide standards for the
safe provision of communications consistent with applicable Federal and State
regulations; to minimize the total number of communication towers in the community by
encouraging shared use of existing and future towers, and the use of existing tall building
and other high structures; and to minimize adverse visual effects from communication
towers by requiring careful siting, visual impact assessment, and appropriate landscaping
thereby protecting the natural features and aesthetic character of the Town of Busti with
special attention to the scenic value of the Chautauqua Lake.
B. Application of Special Use Regulation:
(1) No Communication tower, except those approved prior to the

effective date of this section, shall be used unless in conformity
with these regulations. No communication tower shall hereafter be
erected, moved, reconstructed, changed or altered unless in
conformity with these regulations. No existing structure shall be
modified to serve as a communication tower unless in conformity
with these regulations.
(2) Applicants proposing to co-locate on a previously approved

communication tower do not require a special permit. They are,
however, subject to Site Plan Review in accordance with
Subsection H. The zoning Board of Appeals (the Board) may
require the applicant to submit any of the items under Subsection C
(1) below as part of the Site Plan Review Process.
(3) These regulations shall apply to all property within the

following districts: CAMP (As described in Section 91-430,
subsection 3) and I. Communication Towers shall be specifically
excluded from all other districts.
C. Shared Use of Existing Tall Structures: At all times, the shared use
of existing tall structures (for example: municipal water towers, multi-story buildings,
farm silos, etc), and existing or approved towers shall be preferred to the construction of
new towers.
(1) An applicant proposing to share use of an existing tall structure

shall be required to submit:
(a) a completed application for special permit,
(b) documentation of intent from the owner of the existing

facility to allow shared use.
(c) a site plan. The site plan shall show all existing and
proposed structures and improvements including antennae,
roads, buildings, guy wires and anchors, parking and
landscaping, and shall include grading plans for the new
facilities and roads. Any methods used to conceal the
modification of the existing facility, shall be indicated on
the site plan.
(d) an engineer's report certifying that the proposed shared
use will not diminish the structure, and explaining what
modifications, if any, will be required in order to certify the
above.
(e) a completed EAF and completed visual EAF addendum.
(f) a copy of its Federal Communications Commission

(FCC) license.
(2) If an applicant proposing to share use of an existing tall

structure submits complete and satisfactory documentation in
accordance with subsection C(1) above, and if modifications
indicated according to subsection C(1) are deemed insignificant by
the Board, after the Board conducts a hearing and complies with all
SEQRA provisions, the board shall grant a special permit without
further review under this section. If the board determines that any
modifications indicated according to subsection C(1) are
significant, it may require further review according to subsections
H through P below.
D. New Communication Tower: The Board may consider a new

communication tower when the applicant demonstrates that shared use of existing tall
structures and existing or approved towers impractical. An applicant shall be required to
present an adequate report inventorying all existing tall structures and existing or
approved towers within a reasonable distance of the proposed site. This distance shall be
determined by the Board in consultation with the applicant. The report shall outline
opportunities for shared use of these facilities as an alternative to a proposed new tower.
The report shall demonstrate good faith efforts to secure shared use from the owner of
each as documentation of the physical, technical and/or financial reasons why shared
usage is not practical in each case. Written requests and responses for shared use shall be
provided.
E. Shared Usage of an Existing Tower Site for the Placement of New

Tower: Where shared use of existing tall structures, and existing or approved towers, is
found to be impractical, the applicant shall investigate shared usage of an existing tower
site for its ability to accommodate new tower and accessory uses. Documentation and
conditions shall be in accordance with subsection D above. Any proposals for a new
communication tower on an existing tower site shall be subject to the requirements of
subsections G through Q below.
F. New Tower at New Location: The Board may consider a new

communications tower on a site not previously developed with an existing tower when
the applicant demonstrates that shared use of existing tall structures, and existing or
approved towers, is impractical, and submits a report as described in subsection D above;
and when the Board determines that shared use of an existing tower site for a new tower
is undesirable based upon applicant's investigation in accordance with subsection E. Any
proposal for a new communication tower shall also be subject to the requirements of
subsections G through P below.
G. New Towers: Future Shared Use: The applicant shall design a

proposed new communications tower to accommodate future demand for reception and
transmitting facilities. The applicant shall submit to the Board a letter of intent
committing the owner of the proposed new tower, and his/her successors in interest, to
negotiate in good faith for shared use of the proposed tower by other communications
providers in the future. This letter shall be filed with the zoning officer prior to issuance
of a building permit. The letter shall commit the new tower owner and his/her successor
in interest to:
(1) Respond within 90 days to a request for information from a

potential shared-use applicant.
(2) Negotiate in good faith concerning future requests for shared

use of the new tower by other communications providers.
(3) Allow shared use of the new tower if another communications

provider agrees in writing to pay reasonable charges. The charge
may include but is not limited to a pro-share of the cost of site
selection, planning, project administration, land costs, site design,
construction and maintenance financing, return on equity, and
depreciation, and all of the costs of adapting the tower or
equipment to accommodate shared use without causing
electromagnetic interference.
H. Site Plan Review: Submission Requirements: The applicant shall

submit the following:
(1) An applicant shall be required to submit a site plan which shall

show all existing and proposed structures including lighting and
improvements including roads, buildings, tower(s), guy wires and
anchors, antennae, parking and landscaping, and shall include
grading plans for new facilities and roads.
(2) Supporting Documentation - The applicant shall submit a

complete short EAF, a complete Visual Assessment Form (visual
EAF addendum), and documentation on the proposed intent and
capacity of use as well as a justification for the height of any tower
and justification for any clearing required. The applicant shall also
submit a copy of its FCC license.
I. Lot Size and Setbacks: All proposed communication tower accessory

structures shall be located on a single parcel and shall be setback from abutting parcels
and street lines a distance sufficient to substantially contain on-site all ice-fall or debris
from tower failure and preserve the privacy of any adjoining residential properties.
(l) Lot size of parcels containing a tower shall be determined by

the amount of land required to meet the setback requirements. If
the land is to be leased the entire area required shall be leased from
a single parcel unless the Board determines that this provision may
be waived.
(2) Communication Towers shall comply with all existing setback

requirements of the underlying zoning district, or shall be located
with a minimum setback from any property line equal to at least
five hundred (500) feet or thirty percent (30%) of the height of the
tower, whichever is greater. Accessory buildings shall comply with
minimum setback requirements in the underlying zoning district.
J. Visual Impact Assessment: The Board may require the applicant to

undertake a visual impact assessment which may include:
(1) A Zone of Visibility Map shall be provided in order to

determine locations where the tower may be seen.
(2) Pictorial representations of before and after view from any key
viewpoints both inside and outside of the town including but not
limited to: state highways and other major roads, state and local
parks, Chautauqua Lake, other public lands, preserves and historic
sites normally open to the public, and from any other location
where the site is visible to a large number of visitors or travelers.
The Board shall determine the key sites at a presubmission
conference with the applicant.
(3) Assessment of the alternative tower designs and color schemes,

as described in subsection K below.
K. New Tower Design: Alternate designs shall be considered for new

towers, including lattice and single pole structures. The design of a proposed new tower
shall comply with the following:
(1) Any new tower shall be designed to accommodate future

shared use by other communication providers.
(2) Unless specifically required by other regulations, a tower shall

have a finish that minimizes its degree of visual impact.
(3) The maximum height of any new tower shall not exceed that
which shall permit operation with only that artificial lighting
prescribed by state and/or federal law and/or regulation. The Board
at its discretion may modify this requirement if the applicant can
justify the need to exceed this height limitation.
(4) No lighting shall be permitted unless required by the Federal

Aviation Administration. If tower lighting is necessary, the
applicant shall fully disclose to the Board all lighting options. Only
the minimal amount of tower lighting necessary to meet state,
and/or federal laws and/or regulations shall be authorized. Light
pollution or light spill over to the nearby and distant properties
shall be minimized to the greatest degree possible by use of
shielding. The Board shall upon review approve only the lighting
scheme that it determines to be least obtrusive to the affective
properties.
(5) The Board may request a review of the application by a

qualified engineer in order to evaluate the need for and the design
of any new tower.
(6) Accessory buildings shall maximize the use of building

materials, colors and textures designed to blend with the natural
surroundings.
(7) A sign shall be conspicuously placed near the base of a tower

and it shall generally state that danger exists and no access is
permitted. No portion of any tower or accessory building shall be
used for a sign other than as stated or for any other advertising
purpose, including but not limited to: company name, phone
numbers, banners, and streamers.
L. Existing Vegetation: Existing on-site vegetation shall be preserved to

the maximum extent possible. No cutting of trees exceeding (4) inches in diameter
(measured at a height four (4) feet off the ground), shall take place prior to the approval
of the special permit.
M. Screening: Deciduous or evergreen trees planting may be required to

screen portions of the tower and accessory buildings from nearby residential property as
well as from public sites known to include important views or vistas. Where a site abuts a
residential property or public property, including streets, screening shall be required.
N. Access: Adequate emergency and service access shall be provided.

Maximum use of existing roads, public or private shall be made. Road grades shall
closely follow natural contours to assure minimal visual disturbance and reduce soil
erosion potential.
O. Parking: Parking shall be provided to assure adequate emergency and
service access. The board shall determine the number of required spaces based upon a
recommendation from the applicant. Two parking spaces shall be located in any required
yard.
P. Fencing: The tower and any accessory building shall be adequately

enclosed by a fence, design of which shall be approved by the Board. This requirement
may be waived by the Board if the applicant demonstrates that such measures are
unnecessary to ensure the security of the facility.
Q. Inspections and Removal: Periodic inspections of all towers shall be

required every five years. Inspections shall be conducted by a licensed engineer. Based
on the results of an inspection, repair or removal of a tower may be required. Tower
owners shall remove all towers and accessory buildings that are unused for a twelve
month period. Tower owners shall notify the building inspector of such nonuse. Removal
shall be within six (6) months of written notification to the Town or written 90 days of
notification from the Town. Owners may request a special use permit hearing to request
an extension of time for removal for just cause. Failure to notify and/or remove an unused
tower in accordance with these regulations shall be a violation of this Chapter and shall
be punishable according to Article XIV of this Chapter.
11. Section 8 of Section 91-102. Special Use Permits from the Zoning Board of
Appeals: is amended to read as follows:
Utility Distribution Facilities: Utility distribution facilities, including electrical

distribution substations, compressor stations, and other public utility structures shall be
allowed in the CAMP & I Districts by securing a special use permit form the Zoning
Board of Appeals of the Town of Busti provided as follows:
A. Purpose:
The purpose of this section is to promote the health, safety and general welfare of
the residents of the Town of Busti; to provide standards for the sate provision of utility
distribution facilities consistent with applicable Federal and State regulations; to
minimize the total number of utility distribution facilities in the community by
encouraging use of such facilities) and to minimize adverse visual, sound and odor effects
from utility distribution facilities by requiring careful siting, visual impact assessment,
and appropriate landscaping thereby protecting the natural features and aesthetic
character of the Town of Busti with special attention to the scenic value of the
Chautauqua Lake.
B. Application of Special Use Regulation:
(1) Utility Distribution Facilities, except those approved prior to the

effective date of this section, may continue to be used unless in conformity
with these regulations. No utility distribution facility shall hereafter be
erected, moved, reconstructed, changed or altered unless in conformity wit
h these regulations. No existing structure shall be e modified to serve as a
utility distribution facility unless in conformity with these regulations.
(2) Applicants proposing to co-locate on a previously approved utility

distribution facility do not require a special permit. They are, however,
subject to Site Plan Review in accordance with Subsection H. The Zoning
Board of Appeals (the Board) may require the applicant to submit any of
the items under Subsection C(1) below as part of the Site Plan Review
Process.
(3) These regulations shall apply to all property within the following
districts: CAMP and I Districts Utility distribution facilities shall be
specifically excluded from all other districts.
C. Shared Use of Existing Tall Structures:
At all times, the shared use of existing utility distribution facilities shall be
preferred to the construction of new towers.
(1) An applicant proposing to share use of a utility distribution facilities

shall be required to submit:
(a) a completed application for a special permit
(b) documentation of intent from the owner of the existing facility

to allow shared use.
(c) a site plan. The site plan shall show all existing and proposed
structures and improvements including antennae, roads, buildings,
guy wires and anchors, parking and landscaping, and shall include
grading plans for the new facilities and roads. Any methods used to
conceal the modification of the existing facility shall be indicated
on the site plan.
(d) an engineer's report certifying that the proposed shared use will
not diminish the facility, and explaining what modifications, if any,
will be required in order to certify the above.
(e) a completed short EAF and a completed visual EAF addendum.
(f) demonstrate that no additional noise or odor shall emanate from

the facility.
(2) If an applicant proposing to share use of an existing utility distribution

facility submits complete and satisfactory documentation in accordance
with subsection C(1)above, and if modifications indicated according to
subsection C(1) are deemed insignificant by the Board, after the Board
conducts a hearing and complies with all SEQRA provisions, the board
shall grant a special permit without further review under this section. If the
board determines that any modifications indicated according to subsection
C(1) are significant, it may require further review according to subsections
H through Q below.
D. New Utility Distribution Facilities:
The Board may consider new utility distribution facilities when the applicant
demonstrates that shared use of existing facilities is impractical. An applicant shall be
required to present an adequate report inventorying all existing utility distribution
facilities within a reasonable distance of the proposed site. This distance shall be
determined by the Board in consultation with the applicant. The report shall outline
opportunities for shared use of these existing facilities as an alternative to a new facility.
The report shall demonstrate good faith efforts to secure shared use from the owner of
each as documentation of the physical, technical and/or financial reasons why shared
usage is not practical in each case. Written requests and responses for shared use shall be
provided.
E. Shared Usage of an Existing Utility Distribution Facilities: Reserved.
F. New Utility Distribution Facilities at New Location:
The Board may consider new utility distribution facilities on a site not previously
developed with an existing utility distribution facility when the applicant demonstrates
that shared use of existing facilities is impractical, and submits a report as described in
subsection D above; and when the Board determines that shared use of an existing utility
distribution facility is undesirable based upon the applicant's investigation in accordance
with subsection E. Any proposal for a new utility distribution facility shall also be subject
to the requirements of subsections G through P below.
G. New Utility Distribution Facility: Future Shared Use:
The applicant shall design a proposed new utility distribution facilities to

accommodate future demand for transmission for such facility. The applicant shall submit
to the Board a letter of intent committing the owner of the proposed utility distribution
facility and his/her/its successors in interest, to negotiate in good faith for shared use of
the proposed utility distribution facility by other utility providers in the future. This letter
shall be filed with the Zoning Officer prior to issuance of a building permit. The letter
shall commit the new utility distribution facility and his/her/its successor in interest to:
(1) Respond within 90 days to a request for information from a potential

shared-use applicant.
(2) Negotiate in good faith concerning future requests for shared use of the
new tower by other utility providers.
(3) Allow shared use of the new utility distribution facility if another
utility provider agrees in writing to pay reasonable charges. The charge
may include but is not limited to a pro rata-shares of the cost of site
selection, planning, project administration, land costs, site design,
construction and maintenance financing, return on equity, and
depreciation, and all of the costs of adapting the utility distribution
facilities or equipment to accommodate shared use.
H. Site Plan Review: Submission Requirements:
The applicant shall submit the following:
(1) An applicant shall be required to submit a site plan which shall show
all existing and proposed structures including lighting and improvements
including roads, buildings, tower(s), guy wires and anchors, antennae,
parking and landscaping, and shall include grading plans for new facilities
and roads.
(2) The plan shall injure that the utility distribution facilities shall be in a
completely enclosed structure which conforms in character and
appearance to other buildings, located within 1500 feet of the proposed
structure.
(3) The facility plan shall show that the facility shall be located at least
500 feet from any property boundary line and at least 750 feet from any
current structure.
(4) The facility plan shall show that it does not involve business offices,
storage areas or structures requiring trucking or other truck movements.
(5) Supporting Documentation - The applicant shall submit a complete

short EAF, a complete Visual Assessment Form (visual EAF addendum),
Noise Assessment form (noise EAF addendum) and documentation on the
proposed intent and capacity of use as well as a justification for the height
of any utility distribution facilities and justification for any clearing
required.
I. Lot Size and Setbacks:
All proposed utility distribution facilities accessory structures shall be located on

a single parcel and shall be setback from abutting parcels and street lines a distance
sufficient to substantially preserve the privacy of any adjoining residential properties.
(1) Lot size of parcels containing a utility distribution facilities shall be
determined by the amount of land required to meet the setback
requirements. If the land is to be leased, the entire area required shall be
leased from a single parcel unless the Board determines that this provision
may be waived.
(2) Utility Distribution Facilities shall be located with a minimum setback

from any property line equal to at least five hundred (500) feet and seven
hundred fifty (750) feet from any existing structure. Accessory buildings
shall comply with minimum setback requirements in the underlying
zoning district.
J. Visual/Noise/Odor Impact Assessments:
The Board may require the applicant to undertake visual and noise impact
assessments which may include:
(1) A Zone of Visibility Map and/or Zone of Noise Penetration and/or

Zone of Odor Penetration Map shall be provided in order to determine
where the facility may be seen and what noise or odor will be emanating
from it.
(2) Pictorial representations of before and after view from any key
viewpoints both inside and outside of the town including but not limited
to: state highways and other major roads, state and local parks,
Chautauqua Lake, other public lands, preserves and historic sites normally
open to the public, and from any other location where the site is visible to
a large number of visitors or travelers. The Board shall determine the key
sites at a presubmission conference with the applicant.
(3) Assessment of the alternative tower designs and color schemes, as

described in subsection K below.
(4) Engineering studies showing likely noise impacts upon properties

within a 2000 radius of the facility as well as alternate designs to reduce or
eliminate the transmission of noise to areas outside the walls of the utility
distribution facilities.
(5) Studies to show that no odor will emanate from the facility.
K. New Facility Design:
Alternate designs shall be considered for new facilities including underground.

The design of a proposed new utility distribution facility shall comply with the following:
(1) Any new utility distribution facilities shall be designed to
accommodate future shared use by other utility providers.
(2) Unless specifically required by other regulations, a utility distribution

facility shall have a finish that minimizes its degree of visual impact.
(3) The maximum height of any new utility distribution facility shall not
exceed that which shall permit operation without artificial lighting of any
kind or nature except as required by state, and/or federal law and/or
regulation. The Board and its discretion may modify this requirement if
the applicant can justify the need to exceed this height limitation.
(4) No Lighting shall be permitted unless required by the State or Federal

Law. If facility lighting is necessary, the applicant shall fully disclose to
the Board all lighting options. Only the minimal amount of lighting
necessary to meet state, and/or federal laws and/or regulations shall be
authorized. Light pollution or light spillover to the nearby and distant
properties shall be minimized to the greatest degree possible by use of
shielding. The Board shall upon review approve only the lighting scheme
that it determines to be least obtrusive to the affective properties.
(5) The Board may request a review of the application by a qualified

engineer in order to evaluate the need for, and the design of any new
utility distribution facility, the cost of which shall be paid by applicant.
(6) Accessory building shall maximize the use of building materials,

colors and textures designed to blend with the natural surroundings.
(7) A sign shall be conspicuously placed near the base of a utility

distribution facility and it shall generally state that danger exists and that
no access is permitted. No portion of any utility distribution facility or
accessory building shall be used for a sign other than as stated or for any
other advertising purpose, including but not limited to: company name,
phone numbers banners, and streamers.
(8) No noise shall be permitted to extend beyond the premises except at a

level of no more than 45 d.b.a. for more than 30 minutes in a 24 hour
period. The applicant shall fully disclose to the Board all noise options.
Only the minimal amount of noise necessary shall be authorized. Noise
pollution to nearby and distant properties shall be minimized to the
greatest degree possible by use of shielding, burying or noise making
devices, insulation, buildings and the use of technology. The Board shall
upon review approve only the noise levels and scheme that it determines
to be least obtrusive to the affected properties.
(9) No odor shall be permitted to extend beyond the premises. The
applicant shall fully disclose to the Board all potential odor problems.
Odor pollution to the nearby and distant properties shall be prohibited by
the use of appropriate devices. The Board shall upon review approve only
the odor levels and schemes that it determines to be least likely to allow
odors to extend to adjacent or distant properties.
L. Existing Vegetation:
Existing on-site vegetation shall be preserved to the maximum extent possible. No

cutting of trees exceeding (4) inches in diameter (measured at a height four (4) feet off
the ground), shall take place prior to the approval of the special permit.
M. Screening:
Facades may be required to be built and deciduous or evergreen trees planting

may be required to screen portions of the facility and accessory buildings from nearby
residential property as well as from public sites known to include important views or
vistas. Where a site abuts a residential property or public property, including streets,
facades and screening shall be required where the facility is located above ground.
N. Access:
Adequate emergency and service access shall be provided. Maximum use of

existing roads, public or private shall be made. Road grades shall closely follow natural
contours to assure minimal visual disturbance and reduce soil erosion potential.
O. Parking. Parking shall be provided to assure adequate emergency and service

access. The board shall determine the number of required spaces based upon a
recommendation from the applicant. Two parking spaces shall be located in any required
yard.
P. Fencing:
The facility shall be adequately enclosed by a fence, the design of which shall be
approved by the Board. This requirement may be waived by the Board if the applicant
demonstrates that such measures are unnecessary to ensure the security of the facility.
Q. Inspections and Removal:
Periodic inspections of all towers shall be required every five years. Inspections
shall be conducted by a licensed engineer at the owner's expense. Based on the results of
an inspection, repair or removal of a facility may be required. Utility distribution facility
owners shall remove all facilities and accessory buildings that are unused for a twelve
month period. Utility Distribution Facility owners shall notify the building inspector of
such nonuse. Removal shall be within six (6) months of written notification to the Town
or within 90 days of notification by the Town. Owners may request a special use permit
hearing to request an extension of time for removal for just cause. Failure to notify and/or
remove an unused utility distribution facility in accordance with these regulations shall be
a violation of this Chapter and shall be punishable according to Article XIV of this
Chapter.
12. The first sentence of Subparagraph 2 of Section 91-302. ZONING DISTRICT

BOUNDARIES is amended to read as follows:
CR-All that portion of the Town of Busti which is not located within the MR, LC, HC,
GC, I, or LMR districts and which lies northerly of a line extending generally from west
to east across the Town of Busti as follows: Commencing at a point in the westerly town
boundary 500 feet southerly of the centerline of Demmings Road; running thence
easterly, parallel with Demmings Road, but 500 feet from the centerline thereof, to a
point in the centerline of Wellman Road which point is 500 feet from the intersection of
the centerline of Wellman Road with the centerline of Demmings Road; running thence
southerly along the centerline of Wellman Road to a point which is located 500 feet et
southerly of the intersection of the centerlines of Wellman Road and Cowing Road;
running thence along a line which is parallel to Cowing Road but located 500 feet from
the centerline thereof to a point in the centerline of Southwestern Drive located 500 feet
southerly from the intersection of the centerlines of Cowing Road and Southwestern
Drive; running thence southerly to a point in the centerline of Southwestern Drive which
point is 500 feet southerly of the centerline of Trask Road; running thence easterly
parallel to the centerline of Trask Road along a line located 500 feet: therefrom to a point
which is also located 350 feet from the centerline of Southwestern Drive; running thence
southerly along a line which is parallel to Southwestern Drive but located 350 feet
easterly thereof to a point located 500 feet southerly of the centerline of Orr Street;
running thence northerly parallel to the centerline of Orr Street but 500 feet , therefrom to
a point located 500 feet to the south of the southerly boundary of premises belonging to
Niagara Mohawk Power Corporation and utilized for the purpose of a 115 Kilovolt
electrical power transmission line; running thence easterly 500 feet southerly from the
southerly boundary of said Niagara Mohawk Corporation to premises, but parallel
thereto, to the easterly boundary of the Town of Busti.
13. Subparagraph (b) of subparagraph (10) of Section 91-302. ZONING DISTRICT

BOUNDARIES is amended to read:
(b) Starting at the intersection of state Routes 394 and 474; running thence southwesterly
along the center line of State Route 474, 500 feet to a point; running thence northwesterly
along a line parallel to Route 394 but 500 feet therefrom to the intersection of the town
boundary line with the Town of North Harmony to a point 500 feet from the centerline of
Route 394; running thence northerly along the town boundary to the centerline of Route
394, running thence easterly along Route 394 to t he point or place of beginning.
14. The following is added to subparagraph (7) of Section 91-302. DISTRICT

BOUNDARIES:
(i) All that portion of the Town of Busti bounded as follows: Beginning at the point of the
intersection of the center lines of Lawson Road and Busti-Sugargrove Road; running
thence easterly along the centerline of Lawson Road 750 feet to a point; running thence
southerly parallel to the Busti-Sugargrove Road but 250 feet from the centerline thereof
to a point located 250 feet from the centerline of the Lawson Road; running thence
westerly to the centerline of the Busti-Sugargrove Road; running thence along the
centerline of the Busti-Sugargrove Road 250 feet to the place or point of beginning.
15. This local law shall take effect immediately upon it being filed with the New
York Secretary of State.

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ARTICLE 91-100: SHORT TITLE AND PURPOSES

Section 91-101. Title

Section 91-103. General Intent

Section 91-201. Language

Section 91-202. Definitions

ACCESSORY BUILDING OR USE - An accessory building or use is one which:

1. Is subordinate to and serves a principal building or principal use;

2. Is subordinate in area, extent or purpose to the principal building or principal

3. Contributes to the comfort, convenience, or necessity of occupants of the

AGRICULTURE, LIMITED - The production of crops, plants, vines and trees.

APARTMENT HOUSE - A building arranged, intended or designed to be occupied by

BUILDING - Any structure having a roof supported by columns or by four independent

BUILDING LINE - A line formed by the intersection of a horizontal plane of average

BUILDING SETBACK LINE - An established line within a property defining the

BULKHEAD - A retaining structure of timber, steel, reinforced concrete and similar

CLUB - An organization catering exclusively to members and their guests, including

EATING AND DRINKING ESTABLISHMENT - Places where food and/or beverages

ESSENTIAL SERVICES - The erection, construction, alteration or maintenance by

GARAGES, PRTVATE - A secondary building used in conjunction with a primary

GREENBELT - An area or strip of land upon which no building, drive or other

HOME OCCUPATION OF A RESTRICTED NATURE - One of the following uses:

LOT LINE - Any line dividing one lot from another.

MOTOR VEHICLE SERVICE STATION - Any area of land, including structures

MOTOR HOME - Any piece of mobile equipment designed or constructed to be towed,

MUNICIPALITY - Shall mean the Town of Busti.

NONCONFORMING USE - A building, structure or use of land existing at the time of

OFFICE - A place which is used to conduct a business or profession and is occupied by a

OPEN SPACE - Common, or public, or private greens, parks or recreation areas,

PERSON - Individual, partnership, corporation or association.

PUBLIC - Owned, operated or controlled by a governmental agency (Federal, State or

RESIDENCE, SINGLE-FAMILY DETACHED - A detached building designed to

RESIDENCE, TWO-FAMILY - Either of the following:

2. A detached building containing two dwelling units separated by a party wall,

RESIDENCE, MULTI-FAMILY - A building used or designed for three or more

RESTAURANT - A restaurant is defined as any building, structure or facility in which

STRUCTURE - Anything constructed or erected with a fixed location on the ground, or

THEATER, OUTDOOR OR DRIVE-IN - An open lot, or part thereof, with its

TRAVEL TRAILER - See Motor Home.

VEHICLE SERVICE STATIONS - A public or private garage, or other business, where

ZONING BOARD OF APPEALS OR BOARD OF APPEALS - Shall mean the Zoning

Section 91-301. Type of Districts: Zoning Map

CAMP Conservation/Agricultural/Mobil Home Park

Section 91-302. Zoning District Boundaries

5. MR - All that portion of the Town of Busti bounded on the north by

Section 91-303. Boundary Interpretations

4. Where uncertainty exists in interpreting the precise location of any district

Section 91-304. Lots in More Than One District

Except as herein provided:

Section 91-401. Site Plan Review

Section 91-410. CR - Conservation/Residential District

Any use not expressly permitted is hereby expressly excluded in a

1. Uses permitted by right:

• Camps, game farms, fish hatcheries and fishing reserves.

4. Permitted accessory uses:

Accessory structures or uses, including detached private garage, garden house,

a. Minimum lot area: Two acres.

Use Off-Street Parking Required

a. Minimum lot area: 1/2 acre

Section 91-420. CA - Conservation/Agricultural District

Any use not expressly permitted is hereby expressly excluded in a

1. Uses permitted by right:

4. Permitted accessory uses:

Accessory structures or uses, including detached private garage, garden house,

a. Minimum lot area: 2 acres.