Town of Busti, NY
Chautauqua County
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Table of Contents
Table of Contents
A site plan shall be prepared and reviewed by the Planning Board in accordance with Article XIII of this chapter 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/Mobile Home Park), or MR (Multifamily Residential) District.
[Amended 3-27-1995 by L.L. No. 1-1995; 5-7-2001 by L.L. No. 2-2001]
Any use not expressly permitted is hereby expressly excluded in a Conservation/Residential (CR) District.
A. 
Uses permitted by right:
(1) 
Barns, stables and facilities for raising honey bees and birds (excluding fur farms and slaughterhouses and feedlots).
(2) 
Forestry, lumbering and reforestation (excluding mill structures, manufacturing of lumber and lumber/forestry products).
(3) 
Nurseries, orchards and greenhouses.
(4) 
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.
(5) 
Single- and two-family detached residential dwelling units (except mobile and manufactured homes).
(6) 
Essential services.
B. 
Permitted uses subject to securing a special use permit from the Town Board of Busti:
[Amended 10-16-2017 by L.L. No. 2-2017]
(1) 
Agribusiness and agritourism business, in accordance with § 405-27E hereof.
(2) 
Wedding or private event facility, in accordance with § 405-27F hereof.
[Added 9-17-2018 by L.L. No. 2-2018]
(3) 
Stand-alone accessory buildings, in accordance with § 405-27G hereof.
[Added 9-17-2018 by L.L. No. 2-2018]
C. 
Permitted uses subject to securing a special use permit from the Zoning Board of Appeals:
(1) 
Camps, game farms, fish hatcheries and fishing reserves.
(2) 
Home occupations of a restricted nature.
(3) 
Golf courses (not to include archery courses, rifle ranges, skeet facilities, hunting reserves and other uses with similar safety hazards).
(4) 
Planned residential unit development and cluster unit residential development in accordance with §§ 405-25 and 405-26 of this chapter.
(5) 
Parks and administrative offices, but excluding the storage of road equipment, garages and road materials.
(6) 
Wildlife sanctuaries, woodland preserves and arboretums.
(7) 
Private communication towers.
[Added 10-16-2006 by L.L. No. 3-2006]
(8) 
Churches, subject to site plan review under § 405-90.
[Added 10-2-2008 by L.L. No. 2-2008]
D. 
Permitted accessory uses: accessory structures or uses, including detached private garage, garden house, greenhouse, toolhouse and similar uses, for residents only.
E. 
Lot limitations.
(1) 
Minimum lot area: two acres.
(2) 
Minimum lot width: 250 feet.
(3) 
Maximum lot coverage: 20%.
(4) 
Minimum front yard dimension: 50 feet from highway.
(5) 
Minimum side yard dimensions: 40 feet each.
(6) 
Minimum rear yard dimensions: 50 feet.
(7) 
Maximum building height: 2 1/2 stories (i.e., 30 feet).
(8) 
Off-street parking:
Use
Off-Street Parking Required
One-family dwelling
2 spaces
Two-family dwelling
4 spaces
Golf course
4 spaces per hole
Other uses
1 space for each 250 square feet of gross floor space
F. 
Where property is served by a public water system and a public sewer system, the following lot limitations, which shall not be reduced by provisions herein contained in Article V, Cluster and Planned Residential Unit Developments-Subdivisions, shall apply:
[Amended 10-4-2004 by L.L. No. 2-2004]
(1) 
Minimum lot area: 1/4 acre.
(2) 
Minimum lot width: 100 feet.
(3) 
Maximum lot coverage: 25%.
(4) 
Minimum front yard dimension: 50 feet from highway.
(5) 
Minimum side yard dimensions: 12 feet each.
(6) 
Minimum rear yard dimensions: 50 feet.
(7) 
Maximum building height: 2 1/2 stories (i.e., 28 feet).
(8) 
Distance from lake: 50 feet.
(9) 
Off-street parking:
Use
Off-Street Parking Required
One-family dwelling
2 spaces
Two-family dwelling
4 spaces
Golf course
4 spaces per hole
Other uses
1 space for each 250 square feet of gross floor space
Any use not expressly permitted is hereby expressly excluded in a Conservation/Agricultural (CA) District.
A. 
Uses permitted by right:
(1) 
Animal hospitals, barns, stables and facilities for raising honey bees and birds (but excluding fur farms, animal slaughterhouses and feedlots).
(2) 
Forestry, lumbering and reforestation (excluding mill structures, manufacturing of lumber and lumber/forestry products).
(3) 
Nurseries, orchards and greenhouses.
(4) 
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.
(5) 
Single- and two-family detached residential dwelling units (except mobile homes).
(6) 
Essential services.
B. 
Permitted uses subject to securing special use permit from the Town Board of the Town of Busti:
(1) 
Self-storage facility, provided that such facility shall be located on a parcel (or on contiguous parcels under common ownership) comprising not less than 100 acres, shall be secondary to and in support of an existing commercial use on the same parcel, shall comply with § 405-41 hereof, and shall not be used for the storage of toxic, radioactive or other substances harmful to the health, safety and welfare of the general public nor for the outside storage of any items.
[Added 4-9-2012 by L.L. No. 1-2012]
(2) 
Agribusiness and agritourism business, in accordance with § 405-27E hereof.
[Added 10-16-2017 by L.L. No. 2-2017]
(3) 
Wedding or private event facility, in accordance with § 405-27F hereof.
[Added 9-17-2018 by L.L. No. 2-2018]
(4) 
Stand-alone accessory buildings, in accordance with § 405-27G hereof.
[Added 9-17-2018 by L.L. No. 2-2018]
C. 
Permitted uses subject to securing use permits from the Zoning Board of Appeals: limited retail businesses, camps, game farms, fish hatcheries and fishing reserves, dog kennels, private communication towers and churches, subject to site plan review under § 405-90.
[Amended 9-21-1998 by L.L. No. 5-1998; 10-16-2006 by L.L. No. 3-2006; 10-2-2008 by L.L. No. 2-2008; 5-1-2017 by L.L. No. 1-2017]
D. 
Permitted accessory uses: accessory structures or uses, including detached private garage, garden house, greenhouse, toolhouse and similar uses for residents only.
E. 
Lot limitations.
(1) 
Minimum lot area: two acres.
(2) 
Minimum lot width: 250 feet.
(3) 
Maximum lot coverage: 20%.
(4) 
Minimum front yard dimension: 50 feet from highway.
(5) 
Minimum side yard dimension: 40 feet each.
(6) 
Minimum rear yard dimension: 50 feet.
(7) 
Maximum building height: 2 1/2 stories (i.e., 28 feet).
[Amended 3-27-1995 by L.L. No. 1-1995]
(8) 
Off-street parking:
Use
Off-Street Parking Required
One-family dwelling
2 spaces
Two-family dwelling
4 spaces
Golf course
4 spaces per hole
Tennis court
2 spaces per court
Swimming pool
1 for each 250 square feet of gross floor space
Other uses
1 space for each 250 square feet of gross floor space
[Amended 3-27-1995 by L.L. No. 1-1995; 9-21-1998 by L.L. No. 5-1998; 5-7-2001 by L.L. No. 2-2001]
Any use not expressly permitted is hereby expressly excluded in a Conservation/Agricultural/Mobile Home Park (CAMP) District.
A. 
Uses permitted by right:
(1) 
Animal hospitals, barns, stables and facilities for raising honey bees and birds (but excluding fur farms, animal slaughterhouses and feedlots).
(2) 
Forestry, lumbering and reforestation (excluding mill structures, manufacturing of lumber and lumber/forestry products).
(3) 
Unlimited and limited agriculture, including cold storage or other warehousing or roadside stands for the sale of agricultural products of this area.
(4) 
Single- and two-family detached residential dwelling units (except mobile homes).
(5) 
Essential services.
B. 
Permitted uses subject to securing special use permit from the Town Board of the Town of Busti:
(1) 
Mobile home parks.
(2) 
Construction and demolition landfills constructed in accordance with Chapter 216, Construction and Demolition Debris Landfills, of the Code of the Town of Busti, and only located in that portion of the CAMP District bounded as follows: on the east by Wellman Road; on the south by the Commonwealth of Pennsylvania; on the west by the Town of Harmony; on the north by Kortwright Road.
(3) 
Wedding or private event facility, in accordance with § 405-27F hereof.
[Added 9-17-2018 by L.L. No. 2-2018]
(4) 
Stand-alone accessory buildings, in accordance with § 405-27G hereof.
[Added 9-17-2018 by L.L. No. 2-2018]
C. 
Permitted uses subject to securing special use permits from the Zoning Board of Appeals:
(1) 
Camps, game farms, fish hatcheries and fishing reserves, dog kennels, radio and television transmission facilities and towers, and utility distribution facilities.
(2) 
Customary home occupation.
(3) 
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.
(4) 
Planned residential unit development and cluster unit residential development in accordance with §§ 405-25 and 405-26 of this chapter.
(5) 
Public uses, including schools, museums, parks, administrative offices, highway garages and storage of road equipment and materials.
(6) 
Semipublic uses, including churches.
(7) 
Wildlife sanctuaries, woodland preserves and arboretums.
(8) 
Quarries, gravel pits and sand pits in accordance with § 405-45, Quarry operations, of this chapter, provided that said quarries, gravel pits and sand pits shall be located only in that portion of the CAMP District bounded as follows: on the east by Wellman Road; on the south by the Commonwealth of Pennsylvania; on the west by the Town of Harmony; and on the north by Kortwright Road.
(9) 
Private communication towers.
[Added 10-16-2006 by L.L. No. 3-2006]
D. 
Permitted accessory uses: accessory structures or uses, including detached private garage, garden house, greenhouse, toolhouse and similar uses for residents only.
E. 
Lot limitations.
(1) 
Minimum lot area: two acres.
(2) 
Minimum lot width: 250 feet.
(3) 
Maximum lot coverage: 20%.
(4) 
Minimum front yard dimension: 50 feet from highway.
(5) 
Minimum side yard dimension: 40 feet from each.
(6) 
Minimum rear yard dimension: 50 feet.
(7) 
Maximum building height: 2 1/2 stories (i.e., 30 feet).
(8) 
Off-street parking.
Use
Off-Street Parking Required
One-family dwelling
2 spaces
Two-family dwelling
4 spaces
Golf course
4 spaces per hole
Tennis court
2 spaces per court
Swimming pool
1 for each 250 square feet of gross floor space
Mobile home park
2 spaces per unit
Other uses
1 space for each 250 square feet of gross floor space
Any use not expressly permitted is hereby expressly excluded in a Single-Family Residential (SR) District.
A. 
Uses permitted by right:
(1) 
Single- and two-family detached residential units, excluding mobile homes.
(2) 
Limited agriculture on lots less than five acres and unlimited agriculture on lots of more than five acres.
(3) 
Public uses, including schools, museums, parks and administrative offices, but excluding the storage of road equipment, garages and road materials.
(4) 
Planned unit residential development and cluster residential development in accordance with §§ 405-25 and 405-26 of this chapter.
(5) 
Essential services.
B. 
Permitted uses subject to securing a special permit from the Town Board of the Town of Busti: semipublic uses, including churches.
C. 
Permitted uses subject to securing special use permits from the Zoning Board of Appeals: customary home occupations, and private communication towers.
[Amended 9-21-1998 by L.L. No. 5-1998; 10-16-2006 by L.L. No. 3-2006]
D. 
Permitted accessory uses: accessory structures or uses, including detached private garage, garden house, toolhouse, greenhouse and similar uses for residents only, and docks and boat-docking facilities for private use.
E. 
Lot limitations.
(1) 
Minimum lot area: one acre.
(2) 
Minimum lot width: 120 feet.
(3) 
Maximum lot coverage: 30%.
(4) 
Minimum front yard dimension: 50 feet from highway.
(5) 
Minimum side yard dimension: 20 feet.
(6) 
Minimum rear yard dimension: 50 feet.
(7) 
Maximum building height: 2 1/2 stories (i.e., 28 feet).
[Amended 3-27-1995 by L.L. No. 1-1995]
(8) 
Off-street parking:
Use
Off-Street Parking Required
One-family dwelling
2 spaces
Other uses
1 space for each 250 feet of gross floor space
Any use not expressly permitted is hereby expressly excluded in a Multifamily Residential (MR) District.
A. 
Uses permitted by right:
(1) 
Multifamily residences (excluding apartments of more than three stories but not more than 40 feet in height).
(2) 
Single-family detached residence (excluding mobile homes).
(3) 
Two-family residences.
(4) 
Limited agriculture on lots of less than 10 acres.
(5) 
Unlimited agriculture on lots of more than 10 acres.
(6) 
Public uses, including schools, museums, parks and administrative offices.
(7) 
Planned unit residential development and cluster residential development in accordance with §§ 405-25 and 405-26 of this chapter.
(8) 
Essential services.
B. 
Permitted uses subject to securing a special use permit from the Town Board of the Town of Busti: none.
C. 
Permitted uses subject to securing a 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, nursing or convalescent home or sanitarium, and private communications towers.
[Amended 9-21-1998 by L.L. No. 5-1998; 10-16-2006 by L.L. No. 3-2006]
D. 
Permitted accessory units. No accessory uses are permitted in a multifamily residential district except detached garages and recreational facilities located to the rear of the principal building.
E. 
Lot limitations.
(1) 
Minimum lot area: two acres or 30,000 square feet per dwelling unit, whichever is greater.
(2) 
Minimum lot width: 150 feet.
(3) 
Maximum lot coverage: 35%.
(4) 
Minimum front yard dimension: 50 feet from highway.
(5) 
Minimum side yard dimensions: 25 feet each.
(6) 
Minimum rear yard dimensions: 50 feet.
(7) 
Maximum building height: three stories (i.e., not more than 40 feet).
(8) 
Off-street parking.
Use
Off-Street Parking Space Required
Multiple dwelling
2 for each dwelling unit
Rooming house or boardinghouse
2, plus 1 for each roomer
Townhouse
2 for each dwelling unit
School
1 for each employee
Nursing or convalescent home or sanitarium
1 for each 2 beds, plus 1 for each employee
Other uses
1 for each 250 square feet of gross floor space
HUD Section 202 housing
1 space for each residential dwelling unit, but not less than 20 spaces
F. 
Where property is served by a public sewer system, the following lot limitations, which shall not be reduced by provisions herein contained in Article V, Cluster and Planned Residential Unit Development-Subdivisions, shall apply:
(1) 
Minimum lot area: 1/2 acre or 30,000 square feet per dwelling unit, whichever is greater.
(2) 
Minimum lot width: 125 feet.
(3) 
Maximum lot coverage: 25%.
(4) 
Minimum front yard dimension: 50 feet from highway.
(5) 
Minimum side yard dimensions: 15 feet each.
(6) 
Minimum rear yard dimensions: 50 feet.
(7) 
Maximum building height: three stories (i.e., 40 feet).
(8) 
Distance from lake: 50 feet.
(9) 
Off-street parking.
Use
Off-Street Parking Space Required
Multiple dwelling
2 for each dwelling unit
Rooming house or boardinghouse
2, plus 1 for each roomer
Townhouse
2 for each dwelling unit
School
1 for each employee
Nursing or convalescent home or sanitarium
1 for each 2 beds, plus 1 for each employee
Other uses
1 for each 250 square feet of gross floor space
HUD Section 202 housing
1 space for each residential dwelling unit, but not less than 20 spaces
[Amended 3-27-1995 by L.L. No. 1-1995]
Any use not expressly permitted is hereby excluded in a Lakeshore Commercial (LC) District.
A. 
Uses permitted by right:
[Amended 5-7-2001 by L.L. No. 2-2001]
(1) 
Establishment selling water recreational goods, including bait, tackle, water recreational equipment and supplies, boats and boat equipment.
(2) 
Marinas.
(3) 
Boat repair and boat-building facilities.
(4) 
Facilities for servicing boats.
(5) 
Stores selling food products.
(6) 
Eating and drinking establishments.
(7) 
Hotels, motels and overnight cabins.
(8) 
Boathouses, boat launches, piers, wharves, docks, bulkheads, jetties and similar structures.
(9) 
Indoor and outdoor recreation facilities, including bowling alleys, theaters, pool halls, dance halls, amusement centers, amusement parks, miniature golf and driving ranges.
(10) 
Monument sales.
(11) 
Pet stores.
(12) 
Antique and art shops.
(13) 
Apparel shops.
(14) 
Artists' studios.
(15) 
Bakery, confectionery and ice cream shops, including the baking and processing of food products when prepared for retail use or sales on premises only.
(16) 
Banks and financial institutions.
(17) 
Barbershops, beauty shops, chiropodists and similar personal service.
(18) 
Beverage stores, including the sale of beer and liquor.
(19) 
Book and stationary stores, including office, school and drafting supply.
(20) 
China and glassware stores.
(21) 
Coin and stamp shops.
(22) 
Cosmetic sales.
(23) 
Drugstores.
(24) 
Essential services.
(25) 
Florist shops.
(26) 
Gift and novelty stores.
(27) 
Hardware, glass, paint and wallpaper stores; kitchen and bathroom design and sales.
(28) 
Hearing aid and eyeglass dispensing.
(29) 
Hobby shops.
(30) 
Interior decorating shops.
(31) 
Jewelry and watch repair shops.
(32) 
Leather goods and luggage stores.
(33) 
Music stores.
(34) 
Newsstands.
(35) 
Offices.
(36) 
Photography studios.
(37) 
Repair services of household items.
(38) 
Shoe repair.
(39) 
Sporting goods stores (including gun and archery sales).
(40) 
Watch and clock repair.
B. 
Permitted uses subject to securing a special use permit from the Town Board of the Town of Busti: none.
C. 
Permitted uses subject to securing a special use permit from the Zoning Board of Appeals: camps, game farms, fish hatcheries and fishing reserves, dog kennels, indoor and outdoor recreational facilities, and private communication towers.
[Amended 9-21-1998 by L.L. No. 5-1998; 10-16-2006 by L.L. No. 3-2006]
D. 
Permitted accessory uses: outdoor storage of any of the items used or sold incident to a primary use; any accessory use of a building customarily incidental to a primary use when located on the same lot, including outdoor boat storage.
E. 
Lot limitations for all but single- and two-family residential uses.
(1) 
Minimum lot area: one acre.
(2) 
Minimum lot width: 80 feet.
(3) 
Maximum lot coverage: 45%.
(4) 
Minimum front yard dimension: 50 feet from highway.
(5) 
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.
(6) 
Minimum rear yard dimension: 15 feet except where the rear yard abuts the lakeshore, in which event such rear yard must meet a minimum dimension of 50 feet from the lake.
(7) 
Maximum building height: 2 1/2 stories (i.e., 28 feet).
(8) 
Off-street parking:
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
F. 
Lot limitations for single- and two-family residential uses.
(1) 
Minimum lot area: 1/4 acre (or less where the lot was of record prior to October 1, 1994).
(2) 
Minimum lot width: 50 feet.
(3) 
Maximum lot coverage: 45%.
(4) 
Minimum front yard dimension: 50 feet from highway unless, prior to October 1, 1994, a structure was located on the 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.
(5) 
Minimum side yard dimension: eight 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.
(6) 
Minimum rear yard dimension: 15 feet except where the rear yard abuts the lakeshore, in which event such rear yard must meet a minimum dimension of 50 feet from the lake.
(7) 
Maximum building height: 2 1/2 stories (i.e., 28 feet).
(8) 
Off-street parking:
Uses
Off-Street Parking Space Required
One family dwelling
2 spaces for each boat slip
Two-family dwelling
4 spaces for each 250 square feet of gross floor space
G. 
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.
[Amended 3-27-1995 by L.L. No. 1-1995]
Any use not expressly permitted is hereby excluded in a Gateway Commercial (GC) District.
A. 
Uses permitted by right:
(1) 
Single- and two-family detached residential dwelling units (except mobile homes).
(2) 
Establishments selling water recreational goods, including bait, tackle, water recreation equipment and supplies, boats and boat equipment (including boat storage).
(3) 
Gift and novelty stores.
(4) 
Stores selling food products.
(5) 
Eating and drinking establishments.
(6) 
Hotels, motels and bed-and-breakfasts.
(7) 
Essential services.
(8) 
Florist shops.
(9) 
Nurseries.
(10) 
Antique and art shops.
(11) 
Artists' studios.
(12) 
Ice cream shops.
B. 
Permitted uses subject to securing a special use permit from the Town of Busti: none.
C. 
Permitted uses subject to securing a special use permit from the Zoning Board of Appeals: camps, aquaculture, agricultural, game farms, fish hatcheries and fishing reserves, dog kennels, indoor and outdoor recreational facilities, and private communication towers.
[Amended 9-21-1998 by L.L. No. 5-1998; 10-16-2006 by L.L. No. 3-2006]
D. 
Permitted accessory uses: any accessory use of a building customarily incidental to a primary use, when located on the same lot.
E. 
Lot limitations for all but single- and two-family residential uses.
(1) 
Minimum lot area: one acre.
(2) 
Minimum lot width: 80 feet.
(3) 
Maximum lot coverage: 45%.
(4) 
Minimum front yard dimension: 50 feet from highway.
(5) 
Minimum side yard dimension: 20 feet each side.
(6) 
Minimum rear yard dimension: 20 feet.
(7) 
Maximum building height: 2 1/2 stories (i.e., 28 feet).
(8) 
Off-street parking.
Uses
Off-Street Parking Space Required
All uses
2 spaces for each 250 square feet of gross floor space
F. 
Lot limitations for single- and two-family residential uses.
(1) 
Minimum lot area: 1/4 acre (or less where the lot was of record prior to October 1, 1994).
(2) 
Minimum lot width: 50 feet.
(3) 
Maximum lot coverage: 45%.
(4) 
Minimum front yard dimension: 50 feet from highway unless, prior to October 1, 1994, a structure was located on the 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.
(5) 
Minimum side yard dimension: eight 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.
(6) 
Minimum rear yard dimension: 15 feet except where the rear yard abuts the lakeshore, in which event such rear yard must meet a minimum dimension of 50 feet from the lake.
(7) 
Maximum building height: 2 1/2 stories (i.e., 28 feet).
(8) 
Off-street parking:
Uses
Off-Street Parking Space Required
One-family dwelling
2 spaces for each boat slip
Two-family dwelling
4 spaces for each 250 square feet of gross floor space
Any use not expressly permitted is hereby expressly excluded in a Highway Commercial (HC) District.
A. 
Uses permitted by right:
[Amended 5-7-2001 by L.L. No. 2-2001]
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
Antique and art shops
Apparel shops
Artists' studios
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
Barbershops, 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
Dental and medical laboratories and offices
Department and variety stores
Drugstores
Eating and drinking establishments
Essential services
Feed and seed stores
Florist shops
Furniture and appliance sales and service, but not including assembly or manufacture
Gift and novelty stores
Hardware, glass, paint and wallpaper stores; kitchen and bathroom design and sales
Hearing aid and eyeglass dispensing
Hobby shops
Home furnishing stores
Hotels and motels
Interior decorating shops
Jewelry and watch repair shops
Laundries, launderettes, 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
Multifamily residences (excluding high-rise apartments of more than 2 1/2 stories)
Music stores
Newsstands
Nurseries, greenhouses and garden supplies
Offices
Off-street parking
Photograph studios
Planned unit residential development and cluster residential development in accordance with §§ 405-25 and 405-26 of this chapter
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)
Sporting goods stores (including gun and archery sales)
Churches
Tailor and seamstress shops
Two-family residences
Watch and clock repair
Establishments selling water recreational goods, including bait, tackle, water recreational equipment and supplies, boats and boat equipment, but not including the outdoor storage of boats other than those for sale.
[Added 5-2-2011 by L.L. No. 2-2011]
B. 
Permitted uses subject to securing a special use permit from the Town Board of the Town of Busti: motor vehicle service stations (including automobile painting, upholstery and body shops).
C. 
Permitted uses subject to securing a special use permit from the Zoning Board of Appeals: camps, game farms, fish hatcheries and fishing reserves, dog kennels, and private communication towers.
[Amended 9-21-1998 by L.L. No. 5-1998; 10-16-2006 by L.L. No. 3-2006]
D. 
Permitted accessory uses: 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.
E. 
Lot limitations.
(1) 
Minimum lot area: one acre.
(2) 
Minimum lot width: 100 feet.
(3) 
Minimum lot coverage: 45%.
(4) 
Minimum front yard dimension: 50 feet.
(5) 
Minimum side yard dimension: 1.2 feet, each side.
(6) 
Minimum rear yard dimension: 25 feet.
(7) 
Maximum building height: 2 1/2 stories (i.e., 28 feet).
[Amended 3-27-1995 by L.L. No. 1-1995]
(8) 
Off-street parking:
Uses
Off-Street Parking Required
Funeral home
50 for each viewing room
School conducted for profit
1 for each 4 seats
Hotel and motel
1 for each rental unit
Eating and drinking establishments
1 for each 100 square feet of gross floor space
Indoor recreation
1 for each 100 square feet of gross floor space
Theater, concert hall
1 space for every 5 seats
Vehicle service station
1 for each employee, plus 1 for each 125 square feet of gross floor space
Other uses
1 for each 250 square feet of gross floor space
[Amended 3-27-1995 by L.L. No. 1-1995; 9-21-1998 by L.L. No. 5-1998; 5-7-2001 by L.L. No. 2-2001]
Any use not expressly permitted is hereby expressly excluded in an Industrial (I) District.
A. 
Uses permitted by right:
(1) 
Bottling works.
(2) 
Building materials' sales yard.
(3) 
Building contractor shop.
(4) 
Business offices.
(5) 
Call centers.
(6) 
Carpenter and cabinetmaker.
(7) 
Computer and related service and assembly.
(8) 
Commercial or business services to business and industry but not the general public.
(9) 
Electric and small parts assembly and/or manufacture.
(10) 
Laboratories and research facilities.
(11) 
Locksmith.
(12) 
Machine shops and machine repair shops.
(13) 
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).
(14) 
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 yarn.
(15) 
Metalsmiths.
(16) 
Motor vehicle terminals and storage.
(17) 
Professional offices.
(18) 
Storage of materials, supplies and equipment.
(19) 
Upholstering.
B. 
Permitted uses subject to securing a special use permit from the Town Board of the Town of Busti:
[Amended 6-18-2012 by L.L. No. 2-2012]
(1) 
Secondary commercial tourism/recreation use, which for the purpose hereof shall be defined as a use secondary to the primary manufacturing use of a parcel designed to complement and support the primary use by permitting the manufacturer to market its brand and provide facilities and events of interest to its customer base, including but not limited to, factory tours, restaurants or cafes selling products manufactured on-site, retail shops, and other similar uses designed to attract and entertain tourists and other customers of the manufacturing facility, provided that such secondary use shall comply with § 405-41 hereof.
C. 
Permitted uses subject to securing a special use permit from the Board of Appeals: none.
D. 
Permitted accessory uses: any accessory use of a building incidental to the primary use, when situated on the same lot.
E. 
Lot limitations.
(1) 
Minimum lot area: three acres.
(2) 
Minimum lot width: 300 feet.
(3) 
Maximum lot coverage: 30%.
(4) 
Minimum front yard dimension: 50 feet.
(5) 
Minimum side yard dimension: 35 feet.
(6) 
Minimum rear yard dimension: 100 feet.
(7) 
Maximum building height: 2 1/2 stories (i.e., 30 feet).
(8) 
Off-street parking.
Uses
Off-Street Parking Required
Warehousing
1 space for each employee, but not less than 1 space for each 750 square feet of gross floor area
Other uses
1 space for each employee, but not less than 1 for each 750 square feet of gross floor area
F. 
A fifty-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; provided, however, that no industrial use, except commercial offices, business offices or professional offices, shall be located closer than 100 feet from the center of the intersection of Hunt Road and Big Tree Road or 75 feet from the center line of Big Tree Road.
G. 
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 may be 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.
[Amended 3-27-1995 by L.L. No. 1-1995; 5-7-2001 by L.L. No. 2-2001]
Any use not expressly permitted is hereby expressly excluded in a Light Manufacturing and Research and Development (LMR) District.
A. 
Uses permitted by right:
(1) 
Bottling works.
(2) 
Building contractor shop.
(3) 
Business offices.
(4) 
Carpenter and cabinetmaker.
(5) 
Commercial services to industry and not to general public.
(6) 
Consultation and professional services and offices.
(7) 
Electronic and small parts assembly and/or manufacture.
(8) 
Laboratories.
(9) 
Machine shops.
(10) 
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.
(11) 
Metalsmiths.
(12) 
Professional offices.
(13) 
Processing of goods by machine and hand.
(14) 
Research and testing facilities.
B. 
Permitted uses subject to securing a special use permit from the Town Board: none.
C. 
Permitted uses subject to securing a special use permit from the Board of Appeals:
[Amended 10-15-2007 by L.L. No. 2-2007]
(1) 
Self-storage facility, provided that such facility shall comply with § 405-41 hereof and shall not be used for the storage of toxic, radioactive or other substances harmful to the health, safety and welfare of the general public.
(2) 
Storage/repair facility for boats and marine equipment, provided that such facility shall comply with the screening, landscaping, and lighting provisions of § 405-41 hereof and shall not be used for the storage of toxic, radioactive, or other substances harmful to the health, safety, and welfare of the general public.
[Added 1-20-2015 by L.L. No. 1-2015]
D. 
Permitted accessory uses: any accessory use of a building customarily incidental to the primary use, when situated on the same lot.
E. 
Lot limitations.
(1) 
Minimum lot area: five acres.
(2) 
Minimum lot width: 300 feet.
(3) 
Maximum lot coverage: 30%.
(4) 
Minimum front yard dimension: 100 feet.
(5) 
Minimum side yard dimension: 50 feet each.
(6) 
Minimum rear yard dimension: 50 feet.
(7) 
Maximum building height: 2 1/2 stories (i.e., 30 feet).
(8) 
Off-street parking.
Uses
Off-Street Parking Required
Warehousing
1 space for each employee, but not less than 1 space for each 750 square feet of gross floor area
Other uses
1 space for each employee, but not less than 1 space for each 500 square feet of gross floor area
F. 
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 may be 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.
G. 
A one-hundred-foot greenbelt must be maintained between any building in a LMR (Light Manufacturing and Research and Development) zone and the LMR District or a collector or arterial road or right-of-way.