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.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
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.
A. 
No land or building shall hereafter be used, occupied, erected moved, or altered unless in conformity with the regulations specified for the district in which it is located.
B. 
No building shall hereafter be erected or altered:
(1) 
To exceed the maximum height than is required for the district in which such building is located;
(2) 
To occupy a greater percentage of lot area than is required for the district in which such building is located;
(3) 
To accommodate or house a greater number of families than is required for the district in which such building is located; or
(4) 
To have narrower or smaller front yard, rear yard, side yard, or other open space than is required for the district in which such building is located.
C. 
No part of a yard about any building or other open space required shall be included as part of a yard or other open space similarly required for another building unless specified by the Planning Board as part of an open space conservation subdivision.
D. 
No more than one single-family dwelling or two-family dwelling shall be permitted on each lot.
E. 
No off-street parking or loading space required for one building or use shall be included as meeting, in whole or part, the off-street parking or loading space required for another building or use except as provided in Article V, §§ 405-503 and 405-504.
F. 
No off-street parking or loading space shall be so reduced in area that it does not meet the requirements of this chapter.
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.