Town of Busti, NY
Chautauqua County
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For the purpose of this chapter, the Town of Busti (excluding the Village of Lakewood) is hereby divided into the following districts:
CAMP
Conservation/Agricultural/Mobile Home Park
CR
Conservation/Residential
CA
Conservation/Agricultural
SR
Single-Family Residential
MR
Multifamily Residential
LC
Lakeshore Commercial
HC
Highway Commercial
I
Industrial District
LMR
Light Manufacturing and Research and Development
GC
Gateway Commercial
The aforesaid districts are shown, defined and bounded on a map entitled "Town of Busti Zoning Map," adopted contemporaneously with this chapter and certified by the Town Clerk, which accompanied and which, with all explanatory material thereon, is made a part of this chapter. 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 of said map shall be found in the office of the Town Clerk and shall be available for public inspection. The districts referred to in § 405-6 hereof are bounded as follows:
A. 
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 on the east by Wellman Road.
B. 
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 center line of Demmings Road; running thence easterly, parallel with Demmings Road, but 500 feet from the center line thereof, to a point in the center line of Wellman Road, which point is 500 feet from the intersection of the center line of Wellman Road with the center line of Demmings Road; running thence southerly along the center line of Wellman Road to a point which is located 500 feet southerly of the intersection of the center lines of Wellman Road and Cowing Road; running thence along a line which is parallel to Cowing Road but located 500 feet from the center line thereof to a point in the center line of Southwestern Drive located 500 feet southerly from the intersection of the center lines of Cowing Road and Southwestern Drive; running thence southerly to a point in the center line of Southwestern Drive, which point is 500 feet southerly of the center line of Trask Road; running thence easterly, parallel to the center line of Trask Road, along a line located 500 feet therefrom to a point which is also located 350 feet from the center line 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 center line of Orr Street; running thence northerly parallel to the center line 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 the said Niagara Mohawk Corporation premises, but parallel thereto, to the easterly boundary of the Town of Busti.
[Amended 9-21-1998 by L.L. No. 5-1998]
C. 
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.
D. 
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.
E. 
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 Route 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 2.3, on the south by Hunt Road to Southwestern Drive.
F. 
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.
G. 
HC — That portion of the Town of Busti described as follows:
(1) 
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.
(2) 
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.
(3) 
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 Road.
(4) 
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.
(5) 
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, on the aforesaid tax map.
(6) 
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.
(7) 
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.
(8) 
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.
(9) 
Bounded on the east by the Village of Lakewood; bounded on the south by the Conrail Railroad property; bounded on the west by Big Tree Road; and bounded on the north by New York State Route 394.
[Added 7-12-1993 by L.L. No. 3-1993]
(10) 
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-Sugar Grove Road; running thence easterly along the center line of Lawson Road 750 feet to a point; running thence southerly parallel to the Busti-Sugar Grove Road but 250 feet from the center line thereof to a point located 250 feet from the center line of the Lawson Road; running thence westerly to the center line of the Busti-Sugar Grove Road; running thence along the center line of the Busti-Sugar Grove Road 250 feet to the place or point of beginning.
[Added 9-21-1998 by L.L. No. 5-1998]
H. 
I — All that portion of the Town of Busti bounded on the north by Hunt Road; on the west by the north bounds of the Erie Railroad; on the south by Baker Street Extension; and on the east by Big Tree-Sugar Grove Road.
[Amended 10-15-2007 by L.L. No. 2-2007]
I. 
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 384.00, Block 3, Lot 11; on the north by the Gleason Road; and on the east by the Big Tree-Sugar Grove Road. Also, all that tract or parcel of land bounded on the north by the Hunt Road, on the south by the north bounds of the Erie Railroad, and on the west by a line parallel to and 250 feet easterly of South Maple Street and the Gleason Road.
[Amended 10-15-2007 by L.L. No. 2-2007]
J. 
GC — That portion of the Town of Busti described as follows:
(1) 
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.
(2) 
Starting at the intersection of State Routes 394 and 474; running thence southwesterly along the center line of State Route 474 for 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 center line of Route 394; running thence northerly along the Town boundary to the center line of Route 394; running thence easterly along Route 394 to the point or place of beginning.
[Amended 9-21-1998 by L.L. No. 5-1998]
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:
A. 
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.
B. 
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.
C. 
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.
D. 
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.
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 25 feet beyond the boundary line of the district.
Except as herein provided:
A. 
The regulations established by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or 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.
B. 
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 chapter 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 chapter shall be complied with. It is the intent of this chapter that any improvements constructed in violation of any preexisting zoning ordinances or zoning local laws shall be in violation of this chapter unless said improvements conform in all respects to this chapter.