The Town of Busti is hereby divided into the following land
use districts. The districts are established for the purpose of implementing
the land use goals of the Town and this chapter. While each district's
purpose statement is intended to generally describe the community's
intent and the types of land uses allowed in each district, the Town's
official zoning map and specific regulations stated elsewhere in this
chapter shall take precedence over any particular purpose statement.
A. Residential – High Density (RHD). RHD Districts accommodate
single-family residences (including duplexes) at a density of up to
four dwelling units per 40,000-square-foot area (i.e., 10,000-square-foot
minimum lot size, or approximately four dwelling units within one
block of platted land). It allows two or fewer single-family dwelling
units to be contained within one structure upon condition of sufficient
tract size: 10,000 square feet for a single-family; and 20,000 square
feet for a duplex. This zoning district has been applied because of
stormwater-related development constraints. The district accommodates
single-family development at densities that maintain and promote the
"small town" character of Busti while ensuring environmental quality.
B. Residential – Medium Density (RM). RM Districts accommodate
single-family residences at a density of up to two dwelling units
per 40,000-square-foot area (i.e., 20,000-square-foot minimum lot
size) when public water and/or sewer is available or one dwelling
unit per 40,000 square foot area when no public water or sewer is
available. This zoning district's limitations have been applied,
in part, because of stormwater-related development constraints within
the Chautauqua Lake Watershed. The district accommodates single-family
development at densities that maintain and promote the "small town"
character of Busti while ensuring environmental quality and a mix
of limited agricultural uses and opportunities within the district.
C. Lakeshore Residential (LR). LR Districts are generally adjacent to
and oriented towards Chautauqua Lake or canals, thus accounting for
the high level of development potential for single-family development.
At present, these districts consist of various high-density single-ownership
parcels with a great degree of lake exposure.
D. Commercial Multifamily Residential (CMR). The CMR District accommodates
opportunities for multifamily dwelling units for seniors and others.
Additionally, the district accommodates larger commercial areas and
uses that provide shopping opportunities nearby for residents and
residents of the Town.
E. Residential/Agricultural (RA). RA Districts accommodate single-family
residences at a density of up to one dwelling unit per two-acre area.
The district accommodates single-family and agricultural development
at densities that maintain and promote the "small town" and rural
amenities and character of those lands best utilized for low-density
development within the Town of Busti.
F. Conservation (C). C Districts are established to provide protection
for, and preservation of, natural features of a municipality such
as watersheds, wetlands, open space, recreation areas, etc. These
resources are the foundation of the local and county-wide green infrastructure,
including the highest quality streams, wetlands, and riparian areas,
high-quality habitat areas, and unique geologic features. Agricultural
uses and limited recreation uses are the only uses allowed in these
important areas.
G. Conservation/Agricultural (CA). The CA District's purpose is
to conserve valuable agricultural lands and the working landscape
that shapes the rural character of the Town of Busti. Agriculture
is a part of the Town's heritage and a large part of its economy.
The district is also designed to provide flexibility so minor businesses
and homes can coexist and support their agricultural neighbors.
H. Conservation/Agricultural/Mobile Home Park (CAMP). The CAMP District
is intended to help preserve a remote portion of the Town, which is
primarily agricultural and woods, while allowing for a location for
mobile homes to exist within the Town of Busti.
I. Hamlet (H). The Hamlet District is established as a mixed-use district
to maintain the primarily residential characteristics and unique historical
qualities of the hamlet. The district is designed to allow flexibility
in development options while protecting the less intense residential
and agricultural uses in the hamlet.
J. Lakeshore Commercial (LC). The Lakeshore Commercial District is designed
to help the community begin to integrate landscaping and other design
features into new development and redevelopment projects in an effort
to enhance the community's gateway and overall character while
encouraging appropriate development along the lakefront area.
K. Highway Commercial (HC). The HC District provides areas which will
accommodate small-scale commercial uses for residents within convenient
traveling distance. The standards provided herein are designed to
ensure the development of safe, convenient, and attractive shopping
and service facilities.
L. Industrial (I). The purpose of the I District is to provide space
for new and expanding non-noxious industry in such a way as to protect
nearby residential uses. Undeveloped industrial land may, in the interim,
be utilized for agricultural purposes, but new residential uses are
not encouraged.
M. Light Manufacturing and Research and Development (LMR). The LMR District
allows for areas of light manufacturing businesses, office space,
and research facilities. Such areas may also include limited residential
property and commercial development.
The location and boundaries of said zoning districts are shown
on the map entitled, "Zoning District Map of the Town of Busti, New
York," dated December 2021, which map accompanies and is made a part
of this chapter and shall have the same force and effect as if the
Zoning Map, together with all notations, references, and other information
shown thereon, were fully set forth and described herein.
Where uncertainty exists with respect to the boundaries of any
of the aforesaid districts as shown on the Zoning Map, the following
rules shall apply:
A. Where district boundary lines are indicated as approximately following
the center lines of streets or highways, street lines, or highway
right-of-way lines, such district lines shall be construed to be said
boundaries.
B. Where district boundary lines are so indicated that they approximately
follow the lot lines, such lot lines shall be construed to be said
boundaries.
C. Where district boundary lines are so indicated that they are approximately
parallel to the center lines, or street lines of streets, or the center
lines or right-of-way lines of highways, such district lines shall
be construed to be said boundaries.
D. 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 jurisdiction of the municipality unless otherwise indicated.
E. Where a district boundary line divides a lot in a single or joint
ownership of record at the time such line is established, at the owner's
discretion, the regulations for either portion of such lot shall extend
not more than 25 feet into the boundary of the adjacent district,
except within the Hamlet District, which shall allow the aforementioned
extension to extend not more than 100 feet into the boundary of the
adjacent district.
F. Any party aggrieved by an interpretation may appeal to the Zoning
Board of Appeals, whose decision will be final. However, all decisions
of the Zoning Board of Appeals are subject to court reviews in accordance
with applicable laws of the State of New York. The burden of proof
shall be on the applicant.
Regulations governing uses in each district, and density and dimension requirements, can be found in Article
III, Article
IV, and Article
VI respectively. Specific district regulations for the Hamlet, Lakeshore Residential, Highway Commercial, and Industrial Districts can be found in Article
VI, §§
405-601 through
405-604.