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 NewYork 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 LocalLaw regulating and restricting the construction, location, size and use of buildings andother structures and the use of land in the Town of Busti, outside of the corporation limitsof 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 developmentof land in the Town of Busti, outside of the Village of Lakewood, in order to promote andprotect 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 theircustomary meanings. Words used in the present tense include the future, and the pluralincludes 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 meanmandatory; "occupied" or "used" shall be considered as though followed by the words "orintended, 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 principaluse served;

3. Contributes to the comfort, convenience, or necessity of occupants of theprincipal 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 thekeeping, grazing, or feeding of livestock for animal products (including serums), animalincrease or value increase; but not including the commercial feeding of garbage to swineor other animals, the commercial feeding of poultry broilers, or laboratory animals suchas mice, rats, rabbits, etc.

APARTMENT HOUSE - A building arranged, intended or designed to be occupied bythree (3) or more families living independently of each other.

BUILDING - Any structure having a roof supported by columns or by four independentnon-party walls and intended for the shelter, housing or enclosure of persons, animals, orchattel. The setback and yard requirements and other such aspects applicable to buildingsunder this code are also applicable to free standing signs larger than eight square feet. Inmatters 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 LocalLaw.

BUILDING AREA - The total of areas taken on a horizontal plane at the main gradelevel of the principal building and all accessory buildings or permanently covered patiosand porches; but, exclusive of uncovered porches, terraces and steps. All dimensionsshall be measured between the exterior faces of walls.

BUILDING HEIGHT - The vertical distance measured from the average elevation of theproposed finished grade at the front of the building to the highest point of the roof for flatroofs, to the deck line of mansard type roofs, and to the mean height eaves and ridge forgable, hip and gambrel type roofs.

BUILDING LINE - A line formed by the intersection of a horizontal plane of averagegrade level and a vertical plane that coincides with the exterior surface of the building onany side. In case of a cantilevered section of a building or projected roof or porch, thevertical plane will coincide with the most projected surface. All yard requirements aremeasured to the building line.

BUILDING SETBACK LINE - An established line within a property defining theminimum required distance between the face of any structure to be erected and anadjacent right of way.

BULK - Bulk is the term used to describe the size of buildings or other structures andtheir 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 numberof 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 similarmaterial used for shore protection and harbor works.

CLUB - An organization catering exclusively to members and their guests, includingpremises and buildings for recreational or athletic purposes, which are not conductedprimarily for gain, providing there are not conducted any vending stands, merchandisingor commercial activities except as required generally for the membership purposes ofsuch club.

COMMERCIAL DISTRICTS - Those districts mentioned in the Local Law where retailsales establishments are permitted by right. Also those areas of Planned UnitDevelopment permitting retail sales established by right.

CUSTOMARY HOME OCCUPATION - Any use customarily conducted entirely withina dwelling and by the inhabitants thereof, which use is clearly accessory and secondary tothe 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 useother 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. Acustomary 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: professionaloffices of doctors, dentists, lawyers, insurance agents, brokers and salespersons, realestate brokers and salespersons, veterinarians, engineers, architects, accountants, music ordance studios, artist or photographer's studio, barbershops, beauty salons, dressmaking,tool and small appliance repairs and sales, sporting goods sales and repairs, printing andboarding houses.

DWELLING UNIT - One (1) or more rooms providing living facilities, includingequipment and provision for cooking for a single household including one or morepersons living as a family and wherein not more than two (2) people are sheltered and/orfed for profit.

EATING AND DRINKING ESTABLISHMENT - Places where food and/or beveragesare prepared and/or sold for consumption on the premises or for take out, includingrestaurants, tea rooms, cafeterias, bars, taverns and lunchrooms.

ESSENTIAL SERVICES - The erection, construction, alteration or maintenance bypublic utilities, municipal or other governmental agencies, or gas, electrical, steam, water,sewage and communications systems and facilities. Railroad trackage and facilities andbus 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 abuilding 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 thecenterline of walls separating two (2) uses. Said areas shall not include areas below theaverage level of the adjoining ground, garage space or accessory building space.

GARAGES, PRTVATE - A secondary building used in conjunction with a primarybuilding 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 thesupply of gasoline and oil.

GOVERNING BODY - The Town Board.

GREENBELT - An area or strip of land upon which no building, drive or otherimprovement is located and upon which is a natural or landscaped vegetative cover.

HIGHWAY ACCESS POINT - The distance between any vehicular entrance or exit tothe street.

HOME ENTERPRISE OCCUPATION - A home occupation not falling within the scopeof "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 andsales of pet accessories, antique and art shops, apparel shops, artists and photographers'studios, public garages, barber and beauty shops, books and stationary stores, businessand machine sales and service, sales of food items but excluding the processing of foodexcept 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 ofhousehold items, tailor and seamstress shops, locksmith, electricians, plumbers,carpenters, metalsmiths, sporting goods, craft shops, and uses which the Board of ZoningAppeals finds are similar to those listed in this sentence. A home enterprise occupationmust be carried on in a dwelling unit of not more than one building of not more than 1500square feet located on the same lot as the dwelling unit which lot shall have a minimumlot area of 2 acres and a minimum lot width of 250 feet where a building which pre-existsthis Local Law is in excess of 1500 square feet the same may be utilized provided notmore than 1500 feet are utilized in the home enterprise occupation. The home enterpriseoccupation 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 beengaged in the home enterprise occupation. No business owned or carried on by a personother than the person living in the dwelling unit shall be considered a home enterpriseoccupation. The home enterprise occupation shall not change the residential character ofthe lot. No exterior storage of materials or vehicles or exterior evidence shall be allowedevidencing the existence of the home enterprise occupation other than a small nameplateno 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 insurethat 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, realestate brokers or salespersons, insurance salespersons, and artist or photographer'sstudios. Such use must be clearly accessory and secondary to the use of the dwellingpurposes and shall not change the character thereof. There shall be no exterior storage ofmaterials or exterior evidence of such secondary use other than a small nameplate nolarge 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-streetparking shall be provided.

HOSPITAL - Unless otherwise specified, the term hospital shall be deemed to includesanitarium, preventorium, clinic, rest home, nursing home, convalescent home, and anyother 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 sickor injured animals.

INDUSTRIAL DISTRICT - Those districts mentioned in this Local Law where industrialuses are permitted by right. Also, to include areas of a planned unit developmentpermitting 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 toprotect a harbor, or deflect the current

LOT - A parcel of land occupied, or designated to be occupied by one building and theaccessory building or uses customarily incident to it, including such open spaces as arerequired by this Local Law.

LOT AREA - An area of land which is determined by the limits of the lot lines boundingthat 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 moreintersecting 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 buildingarea.

LOT LINE - Any line dividing one lot from another.

LOT WIDTH - The horizontal distance between the side lot lines measured at rightangles to its depth at the building line.

MARINA - A dock or basin providing secure moorings for boats and yachts and oftenoffering supply, repair and other facilities.

MOBILE HOME PARK - A tract of land used or intended to be used for the parking oftwo (2) or more mobile homes, together with the necessary improvements and facilitieson the land.

MOTOR VEHICLE SERVICE STATION - Any area of land, including structuresthereon, 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 mayor may not include facilities for lubricating, washing, or otherwise servicing motorvehicles, 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 sleepingquarters 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 ofenactment of this Local Law, and which does not conform to the regulations of this LocalLaw 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 aphysician, surgeon, dentist, lawyer or person providing similar services or in whoseoffice 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 crossingand drainage control areas, golf courses, swimming pools, tennis courts, ice skating rinksand other similar recreational uses, but which may not include any such uses or activitieswhich 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 thingsdetrimental to existing or prospective adjacent structures or to existing or prospectivedevelopment 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-halffeet 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 passengerautomobiles or commercial vehicles under one and one-half ton capacity. Aisles betweenparking spaces shall not be less than twelve feet in width when serving automobilesparked at a forty-five degree angle in one direction nor less than twenty feet in widthwhen 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 ofBusti.

PUBLIC - Owned, operated or controlled by a governmental agency (Federal, State orLocal) including a corporation created by law for the performance of certain specializedgovernmental functions, a public school district or service district.

RECREATION UNIT - See motor home.

RESIDENCE, SINGLE-FAMILY DETACHED - A detached building designed tocontain 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 moredwelling 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 whichfood is prepared or processed for sale to the general public, and where tables, chairsand/or counters are provided for the consumption of prepared foods entirely within thewalls of the principal structure; also for purposes of this Local Law, the term "restaurant"includes a food establishment which permits, encourages or otherwise allows theconsumption of prepared food products on the site of the establishment outside theprincipal walls of the structure or in vehicles parked on the premises.

SECTION - Unless otherwise noted section and section numbers shall refer to this LocalLaw.

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 theattention of the public. The word sign does not include the flag, pennant or insignia ofany 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 nogeometric frame or edge of the sign, the area shall be defined by a projected, enclosedfour-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 availablesomewhere other than on the lot on which the sign is located. The words "advertisingsign" include the word "billboard." Neither directional, warning or other signs posted bypublic 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 shallidentify the written name and/or type of business and/or any trademark of an article forsale or rent on the premises or otherwise call attention to a use conducted on thepremises.

SIGN, IDENTIFICATION - A sign for a permitted use conducted on the premises or forarticles 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 thepremises or a portion of the premises on which it is maintained or a use of practice beingconducted on the premises.

SIGN, NAMEPLATE - Any sign attached directly to the wall of a building occupied bythe person to whom such sign indicated the name, occupation and/or address of theoccupant. A nameplate shall not be over three (3) square feet in size.

SIGN, TEMPORARY - A sign which offers premises for sale, rent or development; orannounces special events; or calls attention to new construction or alteration.

SPECIAL USE PERMIT (OR SPECIAL PERMIT) - A special use permit deals withspecial permission, granted only by the Board of Appeals to occupy land for specificpurposes when such use is not permitted by right.

STORY - That portion of a building included between the surface of any floor and thesurface of the floor next above it, or if there is no floor above it, then the space betweenany floor and the ceiling next above it.

STORY, HALF - A story under a gable, hip or gambrel roof, the wall plates of which, onat least two opposite exterior walls, are not more than two feet above the floor of suchstory.

STRUCTURE - Anything constructed or erected with a fixed location on the ground, orattached to something having a fixed location on the ground including swimming pool.

THEATER, OUTDOOR OR DRIVE-IN - An open lot, or part thereof, with itsappurtenant facilities devoted primarily to the showing of motion pictures or theatricalproducts to patrons seated in automobiles or on outdoor seats.

TOWN HOUSE - A dwelling unit designed to be occupied as a residence for one familyand one of a group of three or more attached dwellings, placed side by side, separated byparty 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 ormore units of use.

TRAVEL TRAILER - See Motor Home.

TRAVEL TRAILER PARK - A tract of land used for or intended to be used for thetemporary parking of two (2) or more motor homes, travel trailer, or campers, togetherwith necessary improvements and facilities on the land. The travel trailer park is intendedfor recreational and temporary occupancy only and is to be exclusive of mobile homesintended for permanent occupancy.

USE - Any purpose for which land or a building is designed, arranged, intended or forwhich it is or may be occupied or maintained.

VARIANCE - Permissive waivers from the terms of the Local Law, as will not becontrary to the public interest, where, owing to special conditions, a literal enforcementof the provisions of the Local Law will result in unnecessary hardship, so that the spirit ofthe Local Law shall be observed and substantial justice done and granted by the Board ofAppeals.

VEHICLE SERVICE STATIONS - A public or private garage, or other business, wheregasoline and oil are sold either at retail or wholesale.

YARD, FRONT - The area extending across the entire width of the lot between thebuilding, line or front main wall of a building and the front property line (street, or roadright-of-way line) and into which space there shall be no extension of building parts inany district, or parking spaces including any enveloping wall, fence or hedge around theparking area in any non-industrial or non-commercial districts.

YARD, REAR - The area extending across the entire width of the lot between the rearwall of the principal building and the rear line of the lot, and unoccupied except forparking, loading and unloading space and garages or carports.

YARD, SIDE - The area extending from the front yard to the rear yard between the sidewall of the principal building and the side line of the lot and unoccupied except forparking, loading and unloading space and garages or carports.

ZONING OFFICER - It shall be his or her duty to issue building permits for constructionin complete conformity with the Local Law; issue permits for construction with variancesauthorized by the Board of Appeals; issue permits for building construction and otherpermits authorized by the Town Board; inspect new buildings during construction andafter 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 Boardany violation of this Local Law; and to keep a complete and accurate record of permitsissued and non-conforming uses in existence.

ZONING BOARD OF APPEALS OR BOARD OF APPEALS - Shall mean the ZoningBoard 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 ofLakewood) is hereby divided into the following districts:

CAMP Conservation/Agricultural/Mobil Home ParkCR Conservation/ResidentialCA Conservation/AgriculturalSR Single-Family ResidentialMR Multi-Family ResidentialLC Lakeshore CommercialHC Highway CommercialI Industrial DistrictLMR Light-Manufacturing and Research and DevelopmentGC Gateway Commercial

Section 91-302. Zoning District Boundaries

The aforesaid districts are shown, defined and bounded on a map entitled "Town of BustiZoning Map" adopted contemporaneously with this Local Law and certified by the TownClerk, which accompanied and which, with all explanatory material thereon, is made apart of this Local Law. The Town Clerk, or such other person as may be designated bythe 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 beavailable for public inspection. The districts referred to in Section 91-301 hereof arebounded as follows:

1. CAMP - All that portion of the Town of Busti bounded on the north bySandstrom Road; on the west by the Town of Harmony; on the south by the State ofPennsylvania; 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 eastacross the Town of Busti as follows: Commencing at a point in the westerly townboundary 500 feet southerly of the centerline of Demmings Road; running thenceeasterly, parallel with Demmings Road, but 500 feet therefrom, to a point in thecenterline of Wellman Road which point is 500 feet from the intersection of thecenterline of Wellman Road with the centerline of Wellman Road with the centerline ofDemmings Road; running thence southerly to a point which is 500 feet southerly of theintersection 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 whichpoint is 500 feet southerly from the intersection of the centerline of Cowing Road; thencenortherly to a point in the centerline of Southwestern Drive and the centerline of TraskRoad; thence northeasterly along a line 500 feet southerly of Trask Road, but parallelthereto, to a point 500 feet to the south of the southerly boundary of premises belongingto Niagara Mohawk Corporation and utilized for the purpose of a 115 kilovolt electricalpower transmission line; running thence easterly 500 feet southerly from the southerlyboundary of said Niagara Mohawk Corporation premises, but parallel thereto, to theeasterly boundary of the Town of Busti. Also all that portion of the Town of Busti whichis bounded as follows: Commencing at a point constituting the intersection of thecenterline of Forest Avenue and Mitchell Road; running thence northerly 1000 feet alongthe centerline of Forest Avenue to a point; running thence easterly parallel to MitchellRoad, 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 intersectionof 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 1000feet southerly of the intersection of Mitchell Road and the centerline of Busti StillwaterRoad; running thence westerly 1000 feet from the centerline of Mitchell Road, butparallel thereto, to the centerline of Forest Avenue; running thence northerly 1000 feet tothe 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 HCdistrict and consisting of Section 26 as described on the Town of Busti tax map for theyear 1986 together with all those lots described on such tax map for such year as beingSection 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 byChautauqua Lake; on the west by the Town of North Harmony; on the south by NewYork 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 thatportion of the Town of Busti bounded on the east by the Village of Lakewood boundaryline, bounded on the north by the southerly line of Rt. 394 to the easterly boundaries ofthe Big Tree Sugar Grove Road, southerly to Conrail Railroad tracks, easterly to theVillage of Lakewood line; and also, all the portion of the Town of Busti bounded on theeast by Southwestern Drive on the north by the Village of Lakewood boundary line, onthe west by Section 2, Block 1, Lots 1, 2.2 and 23 on the south by Hunt Road toSouthwestern Drive.

6. LC - All that portion of the Town of Busti bounded on the north by ChautauquaLake; on the west by the west line of Section 17, Block 6, Lot 13 as described on the taxmap 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 byFifth Avenue; on the south by a line parallel to and 250 feet south ofRoute 394; and on the east by Big Tree Sugar Grove Road.

(b) On each side of Southwestern Drive, 250 feet, from the five corners ofthe hamlet of Busti to the northerly boundary of Section 26 as describedon 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 fivecorners of the hamlet of Busti to the intersection of the Busti Sugar GroveRoad and Lawson Roads.

(d) On the north side of Lawson Road, 500 feet from the Busti SugarGrove Road to the easterly boundary of Section 11, Block 1, Lot 10 on theaforesaid tax map of the Town of Busti.

(e) On each side of Mill Road, 250 feet from the five corners to theaforesaid Mill Road Bridge over Stillwater Creek on the east and on thewest 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 fivecorners to the westerly boundary of Section 11, Block 1, Lot 41 on theaforesaid 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 fivecorners to the easterly boundary of Section 26 as described on theaforesaid tax map.

(h) Bounded on the east by Fifth Avenue; bounded on the north by StateRoutes 394 and 474; bounded on the west by Seventh Avenue(undeveloped); bounded on the south by a line 250 feet southerly fromState 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 MapleStreet; on the south by Baker Street Extension; and on the east by Big Tree Sugar GroveRoad.

9. LMR - All the tract or parcel of land bounded on the south by the Erie Railroadand the Hunt Road, on the west by the Skeet and Gun Club tract, Section 1, Block 2, Lot23, 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, Block6, 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 thenorth by a line 100 feet northerly of State Route 394.

(b) Starting at the intersection of State Route 394 and 474; running thencenorthwesterly along the centerline of State Route 394 to a pointconstituting the northwesterly boundary of parcel number Section 1.7,Block 8, Lot 1, as described upon the Town of Busti Tax Map for the year1990; running thence southerly along the westerly bounds of said parcel tothe southwest corner of the same; running thence southeasterly along astraight line to a point constituting the southwesterly corner of a parcelnumbered Section 19, Block 1, Lot 15.2.1 upon said tax map; thence alongState 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 asshown on the Town of Busti Zoning Map, the following rules shall apply:

1. District boundary lines are either the center lines of streets, highways orrailroads or the boundary lines of tracks or lots or such lines extended unless otherwiseindicated.

2. Where district boundaries indicate that they are approximately parallel to thecenter lines, or street lines, or streets, or the center lines or right-of-way lines ofhighways, such district boundaries shall be construed as being parallel thereto and in suchdistance therefrom as indicated on the zoning map. If no distance is given such dimensionshall 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 ofBusti unless otherwise indicated.

4. Where uncertainty exists in interpreting the precise location of any districtboundary line, the Zoning Board of Appeals shall interpret the intent and purpose of theZoning 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 lotmay, 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 beminimum 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 partthereof shall be erected, moved or altered, unless for a use expressly permitted by and inconformity with the regulations herein specified.

2. Any parcel of land with an area or width of less than that prescribed for a lot inthe district in which such lot is situated, which at the time of the adoption of this LocalLaw was under one ownership and when the owner thereof owns no adjoining land, maybe used as a lot for any purpose permitted in the district without obtaining a variancefrom the Zoning Board of Appeals, provided that all other regulations prescribed for thedistrict by this Local Law shall be compiled with. It is the intent of this Local Law thatany improvements constructed in violation of any pre-existing Zoning Ordinances orZoning Local Laws shall be in violation of this Local Law unless said improvementsconform 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 withArticle 91-1400 of this Local Law prior to site development of any lot or lots or theissuance of any development permit. Excluded from this requirement is a developmentpermit for a single family detached residential house or dwelling unit in any districtwhere permitted and for a two-family house in a CA (Conservation/Agricultural) CAMP(Conservation/Agricultural and Mobil Home Park District), or MR (Multi-FamilyResidential) District.

Section 91-410. CR - Conservation/Residential District

Any use not expressly permitted is hereby expressly excluded in aConservation/Residential (CR) District.

1. Uses permitted by right:

• Barns, stables and facilities for raising honey bees and birds (excluding fur farmsand slaughterhouses and feed lots).

• Forestry, lumbering and reforestation (excluding mill structures, manufacturing oflumber 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 theproperty 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 theTown of Busti:

None.

3. Permitted uses subject to securing a special use permit from the Zoning Board ofAppeals:

• 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 RequiredOne-family dwelling Two spacesTwo-family dwelling Four spacesGolf course Four spaces per holeOther 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, whichshall not be reduced by provisions herein contained in Article 91-500 - CLUSTER ANDPLANNED RESIDENTIAL UNIT DEVELOPMENTS - SUBDIVISIONS, shall apply:

a. Minimum lot area: 1/2 acreb. Minimum lot width: 125 feetc. Maximum lot coverage: 25 percentd. Minimum front yard dimension: 50 feet from highwaye. Minimum side yard dimensions: 15 feet eachf. Minimum rear yard dimensions: 50 feetg. Maximum building height: 2 1/2 stories (i.e. 40 feet)h. Distance from lake: 50 feeti. Off-street parking:

Use Off-Street Parking RequiredOne-family dwelling Two spacesTwo-family dwelling Four spacesGolf course Four spaces per holeOther uses One space for each 250 square feet of gross floor space

Section 91-420. CA - Conservation/Agricultural District

Any use not expressly permitted is hereby expressly excluded in aConservation/Agricultural (CA) district.


• Animal hospitals, barns, stables and facilities for raising honey bees and birds (butexcluding 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 wheresold or stored.

• Single and two-family detached residential dwelling units (except mobile homes).• Essential services.

2. Permitted uses subject to securing special use permit from the Town Board of theTown of Busti:

None.

3. Permitted uses subject to securing: special use permits from the Zoning Board ofAppeals:

• Camps, game farms, fish hatcheries and fishing reserves, dog kennels, radio andtelevision 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.

• Planned residential unit development and cluster unit residential development inaccordance with Sections 91-504 and 91-505 of this Local Law.

• Public uses including schools, museums, parks, administrative offices, highwaygarages and storage of road equipment and materials.

• Semi-public uses including churches.• Wildlife sanctuaries, woodland preserves and arboretums.


Accessory structures or uses, including detached private garage, garden house,greenhouse, tool house and similar uses for residents only.

5. Lot Limitations:

a. Minimum lot area: 2 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 dimension: 40 feet each.f. Minimum rear yard dimension: 50 feet.g. Maximum building height: 2 1/2 stories (i.e. 40 feet).h. Off-street parking:

Use Off-Street Parking RequiredOne-family dwelling Two spacesTwo-family dwelling Four spacesGolf course Four spaces per holeTennis Court Two spaces per courtSwimming Pool One for each 250 square feet of gross floor spaceOther uses One space 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 ConservationAgriculture and Mobile Home Park (CAMP) District.


• Animal hospitals, barns, stables and facilities for raising honey bees and birds (butexcluding fur farms, animal slaughter houses and feed lot).


• Unlimited and limited agriculture including cold storage or other warehousing orroadside stands for the sale of agricultural products of this area.

• Single and two-family detached residential dwelling units (except mobile homes).• Essential services.

2. Permitted uses subject to securing special use permit from the Town Board of theTown 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" andonly located in that portion of the CAMP District bounded as follows: on the eastby Wellman Road; on the south by Pennsylvania; on the west by the Town ofHarmony; on the north by Kortwright Road.

3. Permitted uses subject to securing special use permits from the Zoning Board ofAppeals:

• Camps, game farms, fish hatcheries and fishing reserves, dog kennels; radio andtelevision 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.

• Planned residential unit development and cluster unit residential development inaccordance with Sections 91-504 and 91-505 of this Local Law.

• Public uses including schools, museums, parks, administrative offices, highwaygarages and storage of road equipment and materials.

• Semi-public uses including churches.• Wildlife sanctuaries, woodland preserves and arboretums.


Accessory structures or uses, including detached private garage, garden house,greenhouse, tool house and similar uses for residents only.

5. Lot Limitations:

a. Minimum lot area: 2 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 dimension:f. Minimum rear yard dimension: 50 feet.g. Maximum building height: 2 112 stories (i.e. 40 feet).h. Off-street parking:

Use Off-Street Parking RequiredOne-family dwelling Two spacesTwo-family dwelling Four spacesGolf course Four spaces per holeTennis Court Two spaces per courtSwimming Pool One for each 250 square feet of gross floor spaceMobil Home Park Two spaces per unitOther uses One space for each 250 square feet of gross floor space

Section 91-440. SR - Single Family Residential District

Any use not expressly permitted is hereby expressly excluded in a Single FamilyResidential (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.• Essential services.

2. Permitted Uses Subject to Securing a Special Permit From the Town Board of theTown of Busti:

Semi-public uses including churches.

3. Permitted Uses Subject to Securing Special Use Permit From the Zoning Board ofAppeals:

Customary Home Occupations

4. 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-dockingfacilities for private use.

5. Lot Limitations:

a. Minimum lot area: 1 acre.b. Minimum lot width: 120 feet.c. Maximum lot coverage: 30 percent.d. Minimum front yard dimension: 50 feet from highway.e. Minimum side yard dimension: 20 feet.f. Minimum rear yard dimension: 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

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-FamilyResidential (MR) District.


• Multi-family residences (excluding apartments of more than three stories but notmore 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.• Planned unit residential development and cluster residential development in

accordance with Sections 91-504 and 91-505 of this Local Law.• Essential services.


None.


• 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 detachedgarages 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 isgreater.b. Minimum lot width: 150 feet.c. Maximum lot coverage: 35 percent.d. Minimum front yard dimension: 50 feet from highwaye. Minimum side yard dimensions: 25 feet eachf. Minimum rear yard dimensions: 50 feet.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 orSanitarium One for each two beds, plus one for each employee

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, whichshall not be reduced by provisions herein contained in Articles 91-500. CLUSTER ANDPLANNED RESIDENTIAL UNIT DEVELOPMENTS-SUBDIVISIONS shall apply:

a. Minimum lot area: 1/2 acre or 30,000 square feet per dwelling unit whicheveris greater.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: 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 orSanitarium One for each two beds, plus one for each employee

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 waterrecreational 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.• Essential services.


None.


Indoor and outdoor recreational facilities.


Outdoor storage of any of the items used or sold incident to a primary use; any accessoryuse of building customarily incidental to a primary use when located on the same lot, butexcluding residential uses.

5. Lot Limitations:

a. Minimum lot area: 1 acre.b. Minimum lot width: 80 feet.c. Maximum lot coverage: 45 percent.d. Minimum front yard dimension: 50 feet from highway.e. Minimum side yard dimension: 12 feet on each side except when a side yardabuts the lakeshore, in which case such side yard minimum distance shall be 50feet from the lake.f. Minimum rear yard dimension: 15 feet except where the rear abuts lakeshore inwhich event such rear yard must meet a minimum dimension of 50 feet from thelake.g. Maximum building height: 2 1/2 stories (i.e. 40 feet).h. 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

6. Any of the uses permitted by right shall not protrude past natural shoreline at highwater 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, waterrecreation equipment and supplies, boats and boat equipment (excepting boatstorage).

• Gift and novelty stores.• Stores selling food products.• Eating and drinking establishments.

• Hotels, motels, and bed and breakfasts.• Essential services.• 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 ofAppeals:

Indoor and outdoor recreational facilities.


Any accessory use of building customarily incidental to a primary use when located onthe same lot, but excluding residential uses as well as outdoor storage.

5. Lot Limitations:

a. Minimum lot area: 1 acre.b. Minimum lot width: 80 feet.C. Maximum lot coverage: 45 percent.d. Minimum front yard dimension: 50 feet from highway.e. Minimum side yard dimension: 20 feet each side.f. Minimum rear yard dimension: 20 feet.g. Maximum building height: 1 1/2 stories (i.e. 26 feet).h. Off-street parking:

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, poolhalls, dance halls, amusement centers, amusement parks, miniature golf anddriving 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.• 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.• 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.• 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.• Planned unit residential development and cluster residential development in

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.


Motor vehicle service stations (including automobile painting, upholstery and bodyshops).

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 inthis section and any accessory use or building customarily incident to a primary use whenlocated on the same lot. No residential uses are allowed.

5. Lot Limitations:

a. Minimum lot area: 1 acre.b. Minimum lot width: 100 feet.c. Minimum lot coverage: 45 percent.d. Minimum front yard dimension: 50 feet.e. Minimum side yard dimension: 1.2 feet each side.f. Minimum rear yard dimension: 25 feet.g. Maximum building height: 2 stories (i.e. 32 feet)h. Off-street parking:

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 spaceTheater, concert hall One space for every 5 seats

Vehicle service station One for each employee, plus one for each 125 square feet ofgross 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 ofarticles and merchandise from the following previously prepared materials:cellophane, ceramics, cloth, film, fiber, glass, metal, wood, leather, paper andpaperboard, 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 Townof 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 samelot.

5. Lot Limitations:

a. Minimum lot area: 5 acres.b. Minimum lot width: 300 feet.c. Maximum lot coverage: 30 percent.d. Minimum front yard dimension: 250 feet.e. Minimum side yard dimension: 100 feet.f. Minimum rear yard dimension 100 feet.g. Maximum building height: 2 stories (i.e. 32 feet).h. Off-street parking:

Uses Off-Street Parking RequiredWarehousing 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 zoneand 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 amanner that no fire hazard, radio activity, electrical disturbance, noise, vibration, dust,smoke, odor, air pollution or glare maybe detected beyond the boundary lines upon whichthe facility is located. Storage of new materials, component parts, finished products andwaste 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 Manufacturingand 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 andpaperboard, 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 onthe same lot.

5. Lot Limitation:

a. Minimum lot area: 5 acres.b. Minimum lot width: 300 feet.c. Maximum lot coverage: 30 percent.d. Minimum front yard dimension: 100 feet.e. Minimum side yard dimension: 50 feet each.f. Minimum rear yard dimension: 50 feet.g. Maximum building height: 2 stories (i.e. 40 feet).h. Off-street parking:

Uses Off-Street Parking RequiredWarehousing 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 andDevelopment District must be conducted in an enclosed building in such a manner that nofire hazard, radio activity, electrical disturbance, noise, vibration, dust, smoke, odor, airpollution or glare maybe detected beyond the boundary lines upon which the facility islocated. Storage of new materials, component parts, finished products and waste materialmust be within an enclosed building.

7. A 100-foot greenbelt must maintained between any building in a LMR (LightManufacturing and Research Development) zone and the LMR zone or a collector orarterial road or right of way.

ARTICLE 91-500: CLUSTER AND PLANNED RESIDENTIAL UNITDEVELOPMENTS - SUBDIVISIONS

Section 91-501. Purpose

1. The purpose of the procedures, standards and controls of the cluster residentialdevelopment is to provide a means to take advantage of natural physical features of anarea by permitting reductions in bulk and area requirements for individual lots andproviding compensatory areas of open space ancillary to dwelling units.

2. The purpose of the procedures, standards and controls of planned unit residentialdevelopment is to encourage innovation in residential development which will providehousing of greater variety in type, design, and site planning incorporating theconservation of maximum open space ancillary to said housing units. Design is primarilyachieved through the basis of overall density of a given number of dwelling units peracre.

Section 91-502. Procedure

1. Application for establishment of cluster and planned unit residential developmentsshall be made to the Zoning Officer. The Zoning Officer shall refer the application to thePlanning Board for consideration.

2. The Planning Board shall require the applicant to submit documentation indicatingconformance to all designs and improvements required by this Local Law. Suchdocumentation shall include, but not be limited to the following:

a. Overall development plans showing: Kind, location, occupancy capacity ofstructures, 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, recreationalareas and other non-building sites; Provisions for automobile parking and loading;

c. General Landscape Plan: General location and nature of public and privateutilities (including underground utilities) and other community facilities and services(including maintenance facilities).

d. Other information: The applicant shall include such other pertinent informationas the Planning Board shall prescribe.

e. Written statements of:

(1) Facts concerning the suitability of the site, the proposed density, thelocation and proposed uses and facilities for development in accordancewith the provisions of this Local Law.

(2) Purposes showing proposed provisions to be made for services,maintenance and continued protection of the cluster and plannedresidential unit development and adjoining territory.

(3) Disposition of open-space lands and provisions for maintenance andcontrol 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 thePlanning Board shall prescribe.

3. In reaching its decision on the proposed development, the Planning Board shallconsider, among other things, the need for the proposed use in the proposed location, theexisting character of the neighborhood in which the use would be located and thesafeguards provided to minimize possible detrimental effect of the proposed use onadjacent 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 theZoning Board of Appeals.

5. If the application is approved, or approved with conditions, the Zoning Board ofAppeals shall set a date for a public hearing in regard to the granting of a special usepermit and a notice of such hearing shall be published in the town's official newspaper noearlier than twenty (20) days and no later than ten (10) days before the date of suchpublic hearing. No affirmative action may be taken on any application that is disapprovedby the Planning Board. At the time of the public hearing, the applicant must present to theZoning Board of Appeals an affidavit certifying that written notice of the public hearingwas given by the application to all owners of real property, as shown on the latestcompleted assessment roll, within five hundred feet of the premises for which a permit issought. 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 clusterresidential development or a planned unit residential development unless:

a. The terms of such permit are consistent with the approval or approval withconditions made by the Planning Board; and

b. The Zoning Board of Appeals finds the application to be consistent with thestandards for either a cluster residential development or planned unit residentialdevelopment as set forth in this Article; and

c. The application conforms with all provisions for the district in which said use isto 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 landunder the requirements and regulations of two applicable zoning districts, therequirements 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 permittingcluster residential development may request in writing to the Zoning Officer that theregulations of cluster residential development apply to this property.

2. Uses permitted shall be uses permitted in the district in which the cluster residentialdevelopment is located.

3. The regulations of the district in which the cluster residential development is locatedshall be observed and maintained with the following exceptions:

a. The minimum lot area as established in the district in which the clusterresidential 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 thelot abuts common open-space land;

e. The maximum lot coverage shall be increased by no more than five, percent ofthe 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 byexisting or new streets constructed within the planned residential site boundaries, butshall not face on collector-type or arterial, types streets;

h. Open space land shall be set aside for the common use and enjoyment of allresidents in the cluster residential development. In general, the land set aside forpermanent open-space shall be the area differential between the regulations andrequirements of the district and Section 91-504 of this Local Law. Access to the openspace 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 plannedunit residential development may request in writing to the Zoning Officer that theregulations 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 plannedunit residential development.

e. Public and semi-public uses.

f. Essential services.

g. Uses accessory to the above with the exception that home occupations are notpermitted.

3. Within a planned unit residential development the following percentage of the totalland area shall be devoted to the specified uses:

a. A maximum of eighty percent (80%) for the residential uses and other usespermitted, excluding the common and public open-space and the spaces devoted to streetsand parking within and exclusively servicing such open space or recreation use. Saidmaximum shall include all of the recreational, playground and athletic activity areaswhich are part of a school's site.

b. A minimum of twenty percent (20%) for common or public open space. Thisarea shall include space devoted to streets and parking, provided such facilities are withinand 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 developmentshall not exceed dwelling units per acre as stated under the regulations for the district inwhich the development is located.

b. Areas designated for multi-family residences shall be developed at a densitynot 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 allresidents of the area. Open space must be designed so that access to the open-space landsmust 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-familyresidences and 35 feet for all other types of residences.

g. Residential buildings shall be designed as to avoid monotonous patterns ofconstruction 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 thanseven dwelling units.

b. For the purpose of avoiding developments resembling what have beencustomarily referred to as "Row Houses," there shall be within any continuous group oftown houses, at least three different architectural plans having substantially differentdesigns, building materials and exterior elevations. In addition, no more than threecontinuous town houses shall have the same front setback and the variations in frontsetbacks 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 bedischarged into a central sewage system.

b. All areas of the planned unit development shall be connected to a central watersupply 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 Townof Busti:

A. Vehicle service stations: Vehicle service stations shall be allowed in a HighwayCommercial (HG) District on securing a special permit from the Town Board of theTown of Busti provided that:

1. Applicants for a special use permit to operate a vehicle service station shallsubmit the following:

a. Name, address, telephone number of the applicant.

b. A map showing the location of the premises for which such permit issought and the existing or proposed location of the structures, including allunderground tanks and storage items upon the premises.

c. Name of the person, firm, corporation or association which will operatethe vehicle service station if the permit is granted.

d. Such other information as the Town Board shall request in order tohave all facts necessary to render a decision.

2. Upon the receipt of such application and any necessary supplementaryinformation, the Town Board shall set a date for a public hearing in regard to thegranting, of such permit, and a notice of such public hearing shall be published in theofficial town newspaper no earlier than twenty (20) days and no later than ten (10) daysbefore the date of such public hearing.

3. At the time of the public hearing, the applicant must present to the Town Boardan affidavit certifying that written notice of the public hearing was given by the applicantto all owners of real property as shown on the latest completed assessment roll withinfive hundred feet of the premises for which a permit is sought. Such a notice must begiven no earlier than twenty (20) days and no less than ten (10) days before the date ofsuch public hearing.

4. No permit shall be granted for the operation of a vehicle service station unlessthe following requirements are complied with:

a. No motor vehicle service station shall have a vehicular entrance closerthan 200 feet to the entrance of a church, school, theater, hospital, publicpark, 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 thestreet, and along the street frontage of both entrances where both entrancesare on the same side of the street within the square block.

b. All motor vehicle service stations shall be so arranged and all gasolinepumps shall be so placed as to require all servicing on premises andoutside of the public right of way; no gasoline pump shall be placed closerto any side property line than 50 feet and no closer to any street orhighway than 35 feet.

c. All fuel, oil or similar substance shall be places at least 35 feet from anystreet or lot line. Underground gasoline tanks shall be located at least 35feet from any street or highway right of way.

d. A vehicle service station shall not be located within 100 feet of aresidential district. The measurement shall be from the closest lot line tothe closest lot lines.

e. No vehicle service station shall be located on any lot of any area lessthan 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 vehiclesshall be placed on the premises for no longer than three weeks and in noevent shall more than four such vehicles be placed on the premises at anyone time.

g. There shall be no outside storage of supplies, tires, drums, motors andmotor parts, except within a closed structure or fence which shall rendersuch items not to be visible from off the property.

5. In addition to meeting the aforesaid requirements, before a permit may beissued, the Town Board must find that the public convenience and welfare will besubstantially served and the appropriate use of the neighboring property will not beinjured thereby and that the granting of a permit, is in the best interest of the Town ofBusti 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 fromthe Town Board of the Town of Busti provided that:

1. Any person, as of January 1, 1982, operating a mobile home park may continueto do so without, obtaining a special permit. Any such person or any person claiming anonconforming use to operate such a mobilee home park, may, by providing sufficientproof of such prior operation of such nonconforming use, obtain a certificate of prior usefrom the Zoning Officer. Any such person denied a certificate of prior use from theZoning 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 homepark which is discontinued for one year shall not be resumed by any person without theissuance of a special use permit.

2. Applicants for a special use permit to operate a mobile home park shall submitthe 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 amap showing the physical characteristics of the property, includingtypography, 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 proposedstructure;

(4) The location and width of roadways and walkways;

(5) The location of water and sewer lines and riser pipe andapproved plans from County Department of Health and StateDepartment of Environmental Service for sewage disposal;

(6) Plans and specifications for all buildings constructed or to beconstructed within the mobile home park;

(7) Plans and specifications as to the water supply, refuse andsewer 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 TownBoard 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 supplementaryinformation, the Town Board shall set a date for a public hearing in regard to the grantingof such permit and a notice of such public hearing shall be published in the official townnewspaper no earlier that twenty (20) days and no later than ten (10) days before the dateof such public hearing.

5. At the time of the public hearing, the applicant must present to the Town Boardan affidavit certifying that written notice of the public hearing was given by the applicantto all owners of real property, as shown on the latest completed assessment roll, withinfive hundred feet of the premises for which said permit is sought. Such notice must begiven no earlier than twenty (20) days and no less than ten (10) days before the date ofsuch public hearing.

6. At the time of the public hearing, the applicant must present to the Town Boarda statement from fifty percent of the owners of real property as shown on the latestcompleted assessment roll, within five hundred feet of the subject premises, that suchowners are in favor of granting such permit to the applicant. Such statement must besworn and subscribed to by a notary public. (Such approval may not be required withrenewal of application).

7. No permit shall be granted for the operation of a mobile home park unless thefollowing basic requirements are complied with:

a. A mobile home park shall not be established or created, except on atract of land used or intended to be used for the parking of not less thantwenty (20) mobile home units nor more than sixty (60) mobile home unitstogether with the necessary improvements and facilities upon the land.

b. Each mobile home lot shall meet the area and bulk requirements of thedistrict in which it is located, except that the minimum lot area shall be8,250 square feet for each mobile home unit, the minimum lot width foreach mobile home unit shall be 75 feet; the maximum lot coverage shallbe thirty-five percent of each mobile home lot, the minimum frontdimension for each mobile home lot shall be twenty-five feet; theminimum side yard dimension for each mobile home lot shall be fifteenfeet each; the minimum rear yard dimension for each mobile home lotshall be twenty-five feet; and the maximum building height shall be onestory.

c. No mobile home unit within any mobile home park shall be placedcloser than 100 feet to any highway or public right of way.

d. No mobile home shall be placed in any mobile home park until allfacilities required pursuant to this Section for at least twenty (20) mobilehomes shall have been installed.

e. Each mobile home park shall be surrounded by a landscaped greenbeltfor at least fifty feet from each lot line, which distance shall not becomputed in meeting the area and bulk requirements.

f. Interior drives shall be designated so as to prevent blockage of vehiclesentering 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 atleast two hundred feet from the intersection or any street lines and shall bedesignated 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 wayof at least fifty feet having a paved all-weather cartway of not less thantwenty feet in width for a two-way street and not less than fifteen feet inwidth for a one-way street.

h. A recreational area equal to at least four hundred square feet for eachmobile home berth shall be set aside and improved according to animproved recreation plan and shall not be located in any required setbackyard or buffer area. The recreation plan shall be approved by theTown Board.

i. Each mobile home, lot or berth shall contain a mobile home stand whichwill not heave, shift or settle unevenly under the weight of any mobilehome as a result of any frost action, poor drainage, vibration or any othersuch forces. The material used in constructing the stand shall be durableand capable of supporting the expected load regardless of the weather.Reinforced concrete runways are recommended, by well-compacted gravelor bituminous concrete materials properly used are suitable.

j. Exposed ground surfaces in all parts of every mobile home park shall bepaved or covered by stones, screens or other solid materials or protectedwith a vegetative growth that is capable of preventing soil erosion andeliminating dust.

k. All waste from showers, bathtubs, flushed toilets, urinals, lavatories,washing machines and slop sinks in service and other buildings shall bedischarged into a sewage system approved by the Chautauqua CountyHealth Department or its successor.

l. Each mobile home owner shall be required to enclose the bottom portionof the mobile home with either a metal, plastic or wood skirt properlyventilated within sixty days after arrival in the park pursuant to regulationsof the park.

m. All fuel, oil, storage tanks or cylinders shall be securely fastened inplace 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 anymobile home exit. Supports or standards for fuel oil storage tanks must beof a noncombustible material.

n. Fire shall be allowed in stoves, the incinerators and other equipmentspecifically designed for such purpose. Open fires are not permitted.

o. All mobile homes, service and accessory buildings, shall be connectedto a central water system. Fire hydrants, if any, shall be located at leastfive hundred feet from any mobile home, service building or any otheraccessory structure.

p. Each mobile home berth shall be provided with an approved electricalsystem. Underground cables shall be required.

q. A mobile home shall not be occupied for dwelling purposes unless it isproperly placed on a mobile home stand and connected to water, sewageand electrical facilities.

8. The person to whom a permit for a mobile home park is issued shall operate thepark in compliance with this Local Law and shall notify park occupants of all applicableprovisions of this Local Law.

9. A special use permit granted to a person for the purpose of establishing amobile home park shall be valid for a period of three years from issuance and may berenewed by the Town Board upon application of the person to whom such permit isissued, after a public hearing is held, for which a notice of such hearing shall bepublished in the official newspaper of the town not earlier than twenty (20) days and notlater than ten (10) days from the date of such hearing.

10. Failure to comply with the provisions of this section shall constitute a basisfor revocation by the Town Board of any permit granted hereunder. However, no specialuse permit for a mobile home park shall be revoked unless the person to whom it isissued shall have had an opportunity to be heard by the Town Board and the Town Boardshall 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 permithereunder, the person to whom such permit is granted shall provide evidence to theZoning Officer that the permit has been filed in the County Clerk's office underMiscellaneous 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 ZoningBoard of Appeals as set forth in Article 91-400 shall be permitted only in conformitywith:

A. The provisions prescribed hereunder for each special use permit; and

B. All other applicable provisions for the district for which said use is permittedunless 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, gamefarms, fish hatcheries and fishing reserves shall be allowed in CR, CAMP, and CAdistricts and dog kennels shall be allowed in CA or CAMP districts by securing a specialpermit 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 locatedcloser than 100 feet from any property boundary line; and

B. The premises upon which any camp, game farm, fish hatchery, fishing reserveor 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 alltimes; 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 theCA and CAMP District by securing a special permit from the Zoning Board of Appealsof the Town of Busti, provided by that:

A. Such occupation is carried on in a residential dwelling unit or a building orother structure accessory to such dwelling unit; and

B. Such occupation is carried on by a member of the family residing in thedwelling unit; and

C. Such occupation is clearly incident and accessory or secondary to the use ofthe 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 underSection 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 homeoccupation or profession or variation of the residential character of theprincipal building shall be allowed; and

3. The occupation or profession shall be carried on solely within theprincipal building or within a building or other structure accessory thereto;and

4. Not more than two persons outside the family shall be employed in ahome occupation; and

5. No offensive odor, noise, vibration, smoke, dust, heat or glare shall beproduced; and

6. Off-street parking sufficient to serve all persons availing themselves ofthe home occupation shall be provided by the applicant.

3.1. Home enterprise occupation: Home enterprise occupations shall be allowed in theCA District by securing a special permit from the Zoning Board of Appeals of the Townof Busti, provided that:

A. Such occupation is carried on in a residential dwelling unit or a buildingdesignated for such occupation located on the same lot as the dwelling unit and is notmore than 1500 square feet in size.

B. Such occupation is carried on by a member of the family residing in thedwelling unit.

C. Such occupation is clearly incidental and accessory or secondary to the use ofthe 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 underSection 91-804 of Town of Busti Zoning Code shall be placed on thepremises; and

2. No exterior storage of materials and no exterior indication of the homeoccupation or profession or variation of the residential character of thebuilding or lot shall be allowed; and

3. Not more than two persons outside the family shall be employed in ahome occupation; and

4. No offensive odor, noise, vibration, smoke, dust, heat or glare shall beproduced; and

5. Off-street parking sufficient to serve alt persons availing themselves ofthe home occupation shall be provided by the applicant; and

6. The home enterprise occupation shall be carried on a lot not less thantwo 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 ownersowning property or persons residing within 1000 feet of the lot upon which the homeenterprise occupation is to be carried on, that a visual barrier or landscaped screen beprovided and maintained. This screen may be composed of plants and trees arranged toprovide either a low-level or a high-level screen, or both. The high-level screen shallconsist of trees planted with specimens no shorter than six foot and planted at intervals ofnot more than ten feet. The low-level screen shall consist of shrubs or hedges planted atan interval height of not less than two feet and spaced at intervals of not more than fivefeet. All plants not surviving three years after planting must be replaced. Any existingbusiness affected by these regulations at the time of passage of this Local Law shall notbe required to comply with the above screening requirements except in case ofenlargement of major alterations of such business.

4. Home occupation of a restricted nature: Home occupation of a restricted nature shallbe permitted in a CR District by securing a permit from the Zoning Board of Appeals ofthe Town of Busti upon the following conditions: The same conditions shall beapplicable as are applicable for Customary Home Occupations.

5. Golf Courses, Tennis Courts, etc.: Golf courses shall be allowed in CAMP, CR and CADistricts; outdoor recreational uses, including tennis, picnic groves, golf and swimmingshall be allowed in the CAMP and CA Districts; indoor and outdoor recreational facilitiesshall be allowed in the LC District; and Club, fraternal lodge and meeting halls shall beallowed in the MR District by securing a special use permit from the Zoning Board ofAppeals of the Town of Busti provided that:

A. The Board of Zoning Appeals determines that the activities to be conductedby the applicant shall not be detrimental to the neighborhood in which the proposedactivities are to be conducted, taking into consideration the physical relationship of theproposed use or uses to the surrounding structures, the probable hours of operation andthe social activities to be conducted on the premises. In this regard, the Zoning Board ofAppeals shall specifically make findings with respect to the proposed scheme forlighting; the noise likely to be produced and proposals for abatement of the same; thelikelihood of traffic congestion and the proposed landscape; and

B. No clubhouse or principal building shall be located closer than 100 feet to anylot 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 benecessary; and

D. Rifle ranges, archery courses, skeet facilities and hunting reserves and anyother uses with similar safety hazards shall not be permitted.

6. Nursing and convalescent homes or sanitariums: Nursing and convalescent homes andsanitariums shall be allowed in the MR District upon securing a special use permit fromthe 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 tothe property boundary line; and

B. Location shall be such as to offer reasonable protection to the neighborhoodagainst possible detrimental effects, taking into consideration the physical relationship tothe surrounding properties and access to the site over any nearby street.

7. Radio and Television Towers and Facilities: Commercial radio and televisiontransmission or receiving towers and facilities shall be permitted in the CAMP, CA andHC Districts subject to securing a special permit from the Zoning Board of Appeals ofthe Town of Busti provided that:

A. It is demonstrated to the Zoning Board of Appeals that such installation isreasonable; 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 discourageaccess to such facility by non-authority persons, children or animals.

8. Utility Distribution Facilities: Utility distribution facilities, including electricaldistribution substations and other public utility structures shall be allowed in the CAMPand CA Districts by securing a special use permit from the Zoning Board of Appeals ofthe Town of Busti provided as follows:

A. The facility when not housed in a completely enclosed structure shall beenclosed 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 suchfacility is located; and

C. The facility shall not involve business offices, storage areas or structuresrequiring trucking or truck movements.

9. Other special use permits: Other uses permitted in certain districts on securing aspecial use permit from the Zoning Board of Appeals of the Town of Busti in accordancewith Article 91-1300 of this Local Law are:

A. Planned residential unit development and cluster unit residential developmentin CR, CAMP, CA and MR Districts.

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

C. Public uses including schools, museums, highway garages and storage of roadequipment 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 andCA Districts.

Section 91-603. Special Use Permits for Non-Permitted Uses Associated withDwelling 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 thanone permitted pursuant to this code or any prior zoning code, ordinance or regulationheretofore adopted or enacted by the Town Board of the Town of Busti, shall be granteda 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 thedwelling unit and by no other person.

3. The applicant provided clear and convincing proof to the Zoning Board of Appeals thatsuch 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 applicantagrees to abide in the future by, the following conditions:

A. Such occupation is carried on in a residential dwelling unit or buildings orother 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 ofSection 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 homeoccupation or profession or variation of the residential character of theprincipal building shall be allowed that is more extensive than existing asof July 1, 1986;

(3). The occupation, profession or business shall be carried on solelywithin the principal building or within buildings or other structureaccessory thereto; and

(4). Employment shall be limited to the maximum number of personsemployed during any one time during the period between July 1, 1976 andJuly 1, 1986; and

(5). No offensive odor, noise, vibration, smoke, dust, heat or glare shall beproduced; and

(6). Off-street parking sufficient to serve all persons availing themselvesof 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 forsuccessive periods of five (5) years upon application by the permit holder where theZoning Board of Appeals finds that, at the time of application, the permit holder hadcomplied with all conditions above referred to and the permit holder has reaffirmed his orher commitment to abide by the above conditions.

6. Special use permits issued pursuant to this section shall in all other ways conform tothe 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 ona public street unless a permanent easement of access to the public street is of record atthe 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 toqualify for a permitted use under the requirements of the use district in which suchparcels 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 bulkand area requirements.

Section 91-704. Top Soil

A person, firm or corporation may strip, excavate or otherwise remove top soil for useother than on the premises from which the same shall be taken only to the extent that it isreplenished or sufficient amounts left to support development needs, where top soil isremoved, 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 orplanting more than 3 1/2 feet in height shall be erected, placed or maintained within thetriangular area formed by the intersecting street lines and a straight line joining said streetlines at points which are thirty feet distant from the point of intersection, measured alongsaid 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 otherform of enclosure. Such terrace may have an open guard railing not over three feet inheight, 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 thedetermination 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 thansix feet, unless the same is 15 feet from the property line and the same encompasses aswimming 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 beheld 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 varywith the requirements of any other lawfully adopted codes, laws, rules, regulations, orordinances, the most restrictive or that imposing the higher standards shall govern. Theinvalidity 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 Districtprovided that it meets the following requirements:

1. Any inground or partially inground pool which is installed shall be completely enclosedby a security fence not less than four feet in height, with all doors and gates opening through suchenclosure equipped with self-closing and self-latching devices capable of keeping such gates anddoors 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 othermechanical devices which shall be so located and constructed as not to interfere the peace, comfortand repose of the occupant of any adjoining property.

3. A development permit shall be required for the installation of any private swimmingpool.

4. All private swimming pools shall be a minimum of twenty-five feet from all propertylines.

Section 91-802. Off-Street Parking

Off-street parking spaces, with a proper and safe access shall be provided within a structure or inthe open in such a number or numbers for each use as is required pursuant to Article 91-400 of thisLocal Law.

1. Any application for any development permit or a special use permit shall include with it aplot plan showing any parking or loading or unloading facilities in existence or to be constructed incompliance with the regulations of this Local Law.

2. A required off-street parking space for institutional, commercial or industrial use shall bean area not less than 162 feet square or less than 8 1/2 feet wide by 19 feet long, exclusive of accessdrives or aisles, ramps, columns or office and work area, accessible from streets or alleys or fromprivate driveways or aisles, leading to streets or alleys and to be used for the storage of parking orpassenger automobiles or commercial vehicles tinder one and one-half ton capacity. Aisles betweenvehicular parking spaces shall not be less than twelve feet in width when serving automobilesparked at a forty-five degree angle in one direction not less than twenty feet in width when servingvehicles parking perpendicular to the aisles and accommodating two-way traffic.

3. Parking facilities shall be designed with appropriate means of vehicular access to a streetor alley in such manner as will least interfere with the movement of traffic. No driveway or curb inany district shall exceed twenty-five feet in width.

4. No parking space or portion thereof established on the same zoning lot with a buildingshall be located within a required front yard. No parking spaces or portions thereof established on alot without a building shall be located closer to any street line than the front yard setback requiredfor the district in which the parking lot is located. Further, any wall, fence or hedge developedaround any parking area shall be subject to the front yard setback requirement of this Local Law inthe 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 loadingand/or unloading shall be provided on, each lot where such facilities are required to serve the use oruses on such lot. The number of loading and/or unloading spaces required for commercial and/orindustrial vehicles while loading and/or unloading shall be in addition to the off-street parkingrequirements listed in the section above. Each loading and/or unloading space shall be at leastfifteen foot vertical clearance with a sixty foot maneuvering area and shall have an all-weathersurface 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-wayline and the building setback line.

1. Loading and/or unloading facilities shall be, designed so that trucks or other suchvehicles 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 allcommercial 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 billboardsshall 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 governmentalsubdivision 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 onpremises other than those owned by the applicant, advising as to the applicant'sbusiness location.

c. Not in excess of three signs, not to exceed 2 x 2 square feet each, located upon thepremises, advertising an open house, a garage sale, an event, sale, activity of achurch, 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 beallowed except during a period 45 days prior to primary election day and 45 daysprior 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 arestricted nature or a home enterprise occupation.

2. CR, CAMP, CA, SR, MR, LC, GC AND HC Districts: One identification sign orannouncement on premises shall be permitted for each church institution, public use, recreationalfacility, 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 suchsign for a customary home occupation, or for a home occupation of a restricted nature, or a homeenterprises occupation shall riot exceed three square feet in size.

3. I and LMR Districts: Signs on premises used for authorized business purposes shall bepermitted in I and LMR Districts provided that the facing of such sign does not exceed 60 squarefeet.

4. HC, GC, and LC Districts: One lighted, but non-flashing portable sign, not exceeding 32square 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 inthe Town of Busti except those required by law:

a. Condition: Each sign must be constructed out of durable material and kept in goodcondition and repair. Any sign which is allowed to become dilapidated may beremoved 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 shieldedfrom view by a globe or other visible barrier.

c. Ingress and Egress: No signs shall be erected or located so as to prevent freeingress 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 orair from the building.

e. Attachments: No signs shall be permitted which are posted, stapled or other wiseattached 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, shapeor 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 ofeffectiveness of any traffic signal, traffic sign, traffic marking or block the view oftraffic at ingress or egress points to the property.

g. Glare: Illuminating arrangements for signs shall be such that the light isconcentrated 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 definedherein as any sign that: flash by giving off reflected light; or moves; or revolves inany way, or has flowing or moving lights or parts of the signs; or alternated in anyway its color, shape or intensity of illumination.

i. Abutting sign: No sign in a commercial or industrial district shall be placed to facean abutting residential district except where authorized by a special exception.

j. Contrary to zoning: No sign shall be erected containing information on which itstates or implies that a property may be used for any purpose not permitted under theprovisions of the Town of Busti Zoning Code.

k. Cessation: Where the use ceases for a period of six calendar the sign advertisingor 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 propertyboundary.

n. Height: The top of a sign shall be no more than twenty feet in height measuredfrom the surface of the earth.

o. Building sign: Signs attached to a building or buildings shall not project morethan eighteen inches from the wall on which such signs are attached. Signs must beattached 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 mainstructure. Signs erected on a separate super structure attached to the roof of thebuilding 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 personwishing to erect a sign not in conformance herewith may do so only after having made applicationto the Zoning Officer for a variance pursuant to, and upon the grounds stated, in Section 91-1302 ofthis code. All such applications shall, in addition to the information required by Section 91-1302hereof, contain the following:

a. Name, address and telephone number of the applicant and if different, the writtenpermission 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 beattached 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 ofAppeals 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 suchdecision to the Zoning Board of Appeals in accordance with Article 91-1300 of this Local Lawprovided 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 theowner or occupant of the premises wherein or whereon any non-conforming sign is located toremove such sign on or before January 1, 1984. Such notice shall be in writing and shall be servedpersonally or by mailing a copy thereof by certified mail, return receipt requested, addressed to theowner or occupant of the premises at his or her last known address within ninety (90) days of theenactment of this Local Law or as soon thereafter as possible. In the event that the owner oroccupant does not remove such sign or discontinue such use in compliance with such notice on orbefore January 1, 1984, the Zoning Officer shall be empowered to remove the same, if it be locatedupon public property or within a public right-of-way, or to bring action for an injunction and/or forthe 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 explosivematerial at any point shall be provided with adequate safety devices against the hazard of fire andexplosion 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 theproperty line.

3. Glare: No direct or sky-reflected glare, whether from floodlights or from hightemperature process shall be visible from adjoining public streets or adjacent lots when viewed by aperson standing on ground level.

4. Odor: There shall be no emission or odorous gases or other odorous matter in suchquantities 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 andmaintained by the owner or lessee of the property between any district and contiguous residentiallyzoned districts, except where natural or physical man-made barriers exist. This screen shall becomposed of plants and trees arranged to provide both a low-level and a high-level screen. Thehigh-level screen shall consist of trees planted with specimens no shorter than six foot and plantedat intervals of not more than ten feet. The low-level screen shall consist of shrubs or hedges plantedat an interval height of not less than two feet and spaced at intervals of not more than five feet. Thelow-level screen shall be placed at alternating rows to produce a more effective barrier. All plantsnot serving three years after planting must be replaced.

Any existing business affected by these regulations at the time of passage of this Local Lawshall not be required to comply with the above screening requirements except in case ofenlargement or major alteration of such business. Similarly, for any zoning district boundarychange after the passage of this Local Law initiated by a residential developer abutting acommercially or industrially zoned property for which these regulations apply, these screeningrequirements shall not be imposed upon such commercial or industrial property.

7. Storage: All materials will be stored inside an enclosed structure. All organic rubbish orstorage shall be contained in air-tight, vermin-proof containers which shall also be screened frompublic view.

8. Landscaping: Any part or portion of the site which is not used for buildings, otherstructures, loading or parking spaces and aisles, sidewalks and designated storage areas shall beplanted with a maintained all-season ground cover, or mown lawn, and shall be landscaped withtrees arid shrubs. This shall be done in accordance with an overall landscape plan and shall be inkeeping with natural surroundings. A replacement program for non-surviving plants should beincluded. 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 anadjunct to shipping, shall provide definite areas within the required parking space areas for storageof 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 alighting system which shall furnish a minimum of 15-foot candles at any point during hours ofoperation 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 andfrom any residential district.

11. Building Design: Buildings shall be designed to take advantage of the natural terrainand shall not be physically located to unnecessarily concentrate activity in one portion of the lot. Atleast one entrance way shall be maintained at ground level. All pedestrian entrances shall be pavedwith 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 thezoning district boundary lines in the industrial districts. This buffer strip can be waived in writingby 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 bepermitted within fifty (50) feet of the shoreline at average high-water mark.

2. Except in the Lakeshore Commercial District, the only accessory buildings and structuresthat shall be permitted within fifty (50) feet: of the shoreline shall be automobile parking or storageand 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 mustbe bulkheaded to the satisfaction of the Zoning Officer.

4. No wharf, dock, pier or jetty of a permanent character shall extend into the navigablewater for a distance of more than forty feet from the shoreline or to a depth of water not greaterthan four feet at the outer edge of the proposed structure, as measured at the ordinary low stage ofsuch body of water.

5. No person shall drain, deposit or cast any dead animal, carrion, offal excrement, garbageor 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 otherwiselocate said mobile home upon any premises within the Town of Busti for the purpose of using thesame for living, sleeping or eating quarters, nor shall any person use or occupy any mobile homefor living, sleeping or eating therein, except in a duly authorized mobile home established inaccordance 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 authorizedmobile home park.

Section 91-808. Communications Device

A satellite communications device or dish shall in matters relating to setbacks, sideyards andheights 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 damagesfrom flooding and erosion may be a problem to the residents of the Town of Busti andthat such damages may include: destruction or loss of private and public housing, damageto public facilities, both publicly and privately owned, and injury to and loss of humanlife. In order to minimize the threat of such damages and to achieve the purposes andobjectives 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 generalwelfare, and to minimize public and private losses due to flood conditions in specificareas by provisions designed to:

(1) regulate uses which are dangerous to health, safety and property due to watererosion hazards, or which result in damaging increased in erosion or in flood heights orvelocities;

(2) require that uses vulnerable to floods, including facilities which serve suchuses, be protected against flood damage at the time of initial construction;

(3) control the alteration of natural floodplains, stream channels, and naturalprotective barriers which are involved in the accommodation of flood waters;

(4) control filling, grading, dredging and other development which may increaseerosion or flood damages;

(5) regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands, and;

(6) qualify and maintain for participation in the National Flood InsuranceProgram.

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 andgenerally 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 gasmains, electric, telephone, sewer lines, streets and bridges located in areas of specialflood hazard;

(6) to help maintain a stable tax base by providing for the sound use anddevelopment 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 specialflood hazard, and;

(8) to ensure that those who occupy the areas of special flood hazard assumeresponsibility for their actions.

SECTION 2.0: DEFINITIONS

Unless specifically defined below, words or phrases used in this local law shall beinterpreted so as to give them the meaning they have in common usage and to give thislocal law its most reasonable application.

"Appeal" means a request for a review of the Local Administrator's interpretation of anyprovision 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'sFlood Insurance Rate Map (FIRM) with a one percent or greater annual chance offlooding to an average annual depth of one to three feet where a clearly defined channeldoes not exist, where the path of flooding is unpredictable and where velocity flow maybe 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 toa one percent or greater chance of flooding in any given year. This area may bedesignated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is alsocommonly referred to as the base floodplain or 100 year floodplain.

"Base flood" means the flood having a one percent chance of being equaled or exceededin any given year.

"Basement" means that portion of a building having its floor subgrade (below groundlevel) 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 inZones 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 lowesthorizontal structure member of the elevated floor elevated above the ground level bymeans of pilings, columns (posts and piers), or shear walls parallel to the flow of thewater and (ii) adequately anchored so as not to impair the structural integrity of thebuilding during a flood of up to the magnitude of the base flood. In the case of ZonesA1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes abuilding elevated by means of fill or solid foundation perimeter walls with openingssufficient to facilitate the unimpeded movement of flood waters. In the case of ZonesV1-V30, VE, and V, "elevated building" also includes a building otherwise meeting thedefinition of "elevated building", even though the lower area is enclosed by means ofbreakaway walls that meet the federal standards.

"Existing manufactured home park or subdivision" means a manufactured home park orsubdivision for which the construction of facilities for servicing the lots on which themanufactured homes are to be affixed (including, at a minimum, the installation ofutilities, the construction of streets, and either final site grading or the pouring of concretepads) is complete before the effective date of the floodplain management regulationsadopted by the community.

"Expansion to an existing manufactured home park or subdivision" means the preparationof additional sites by the construction of facilities for servicing the lots on which themanufactured homes are to be affixed (including the installation of utilities, theconstruction of streets, and either final site grading or the pouring of concrete pads).

"Federal Emergency Management Agency" means the Federal agency that administersthe National Flood Insurance Program.

"Flood" or "Flooding" means a general and temporary condition of partial or completeinundation 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 anysource.

"Flood" or "flooding" also means the collapse or subsidence of land along the shore of alake or other body of water as a result of erosion or undermining caused by waves orcurrents 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, orby an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or bysome 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 communitypublished by the Federal Emergency Management regency as part of a riverinecommunity's Flood Insurance Study. The FBFM delineates a Regulatory Floodway alongwater courses studied in detail in the Flood Insurance Study.

"Flood Elevation Study" means an examination, evaluation and determination of theflood hazards and, if appropriate, corresponding water surface elevations, or anexamination, evaluation and determination of flood-related erosion hazards.

"Flood Hazard Boundary Map (FHBM)" means an official map of a community, issuedby the federal Emergency Management Agency, where the boundaries of the areas ofspecial flood hazard have been designated as Zone A but no flood elevations areprovided.

"Flood Insurance Rate Map (FIRM)" means an official map of a community, on whichthe Federal Emergency Management Agency has delineated both the areas of specialflood 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 inundatedby 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 realestate or improved real property, water and sanitary facilities, structures and theircontents.

"Floodway" has the same meaning as "Regulatory Floodway".

"Functionally dependent use" means a use which cannot perform its intended purposeunless it is located or carried out in close proximity to water, such as a docking or portfacility necessary for the loading and unloading of cargo or passengers, shipbuilding, andship 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, priorto 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 listingmaintained by the Department of the Interior) or preliminarily determined by theSecretary of the Interior as meeting the requirements for individual listing on the NationalRegister;

(2) certified or preliminarily determined t)y the Secretary of the Interior ascontributing to the historical significance of a registered historic district or a districtpreliminarily determined by the Secretary to qualify as a registered historic district;

(3) individually listed on a state inventory of historic places in states with historicpreservation programs which have been approved by the Secretary of the Interior; or

(4) individually listed on a local inventory of historic places in communities withhistoric preservation programs that have been certified either:

(i) by an approved state program as determined by the Secretary of theInterior or

(ii) directly by the Secretary of the interior in states without approvedprograms.

"Local Administrator" is the person appointed by the community to administer andimplement this local law by granting or denying development permits in accordance withits provisions. This person is often the Code Enforcement Officer, Building Inspector oremployee of an engineering department.

"Lowest floor" means lowest floor of the lowest enclosed area (including basement orcellar). 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 abuilding's lowest floor; provided, that such enclosure is not built so as to render thestructure in violation of the applicable non-elevation design requirements of this LocalLaw.

"Manufactured home" means a structure, transportable in one or more sections, which isbuilt on a permanent chassis and designed to be used with or without a permanentfoundation 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 landdivided into two or more manufactured home lots for rent or sale.

"Mean sea level" means, for purposes of the National Flood Insurance Program, theNational Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base floodelevations 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 controlused as a reference for establishing varying elevations within the flood plain.

"New construction" means structures for which the "start of construction" commenced onor after the effective date of a floodplain management regulation adopted by thecommunity and includes any subsequent improvements to such structure.

"New manufactured home park or subdivision" means a manufactured home park orsubdivision for which the construction of facilities for servicing the lots on which themanufactured homes are to be affixed (including at a minimum, the installation ofutilities, the construction of streets, and either final site grading or the pouring of concretepads) is completed on or after the effective date of floodplain management regulationsadopted 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 thestructure, 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 temporaryliving quarters for recreational, camping, travel, or seasonal use.

"Regulatory Floodway" means the channel of a river or other watercourse and theadjacent land areas that must be reserved in order to discharge the base flood withoutcumulatively increasing the water surface elevation more than a designated height asdetermined by the Federal Emergency Management Agency in a Flood Insurance Studyor 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 theproperty, and shall include land preparation, such as clearing, grading, and filling;installation of streets and/or walkways; excavation for a basement, footings, piers, orfoundations or the erection of temporary forms. It also includes the placement and/orinstallation on the property of accessory buildings (garages, sheds), storage trailers, andbuilding materials. For manufactured homes the "actual start" means affixing of themanufactured home to its permanent site.

"Structure" means a walled and roofed building, including a gas or liquid storage tankthat is principally above ground, as well as a manufactured home.

"Substantial damage" means damage of any origin sustained by a structure whereby thecost of restoring the structure to its before damaged condition would equal or exceed 50percent of the market value of the structure before the damage occurred.

"Substantial improvement" means any reconstruction, rehabilitation, addition, or otherimprovement of a structure, the cost of which equals or exceeds 50 percent of the marketvalue of the structure before the "start of construction" of the improvement. The termincludes structures which have incurred "substantial damage", regardless of the actualrepair work performed. The term does not, however, include either:

(1) any project for improvement of a structure to correct existing violations ofstate or local health, Sanitary, or safety code specifications which have been identified bythe local code enforcement official and which are the minimum necessary to assure safeliving conditions; or

(2) any alteration of a "Historic structure", provided that the alteration will notpreclude the structure's continued designation as a "Historic structure".

"Variance" means a grant of relief from the requirements of this local law which permitsconstruction 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 theTown 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 documentsprepared by the Federal Emergency Management Agency (COMPLETE ONETHROUGH 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 ofBusti, New York, Chautauqua County"

(4) Flood Boundary and Floodway Map (single panel) No. 3611606 004 C, whoseeffective 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 AdministrationBuilding, 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 throughNovember 1, 1969 and shall supersede all previous laws adopted for the purpose of flooddamage prevention.

In their interpretation and application, the provisions of this local law shall be held to beminimum requirements, adopted for the promotion of the public health, safety, andwelfare. Whenever the requirements of this local law are at variance with therequirements of any other lawfully adopted rules, regulations, or ordinances, the mostrestrictive, 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 othersection 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 fullcompliance with the terms of this local law and any other applicable regulations. Anyinfraction of the provisions of this local law by failure to comply with any of itsrequirements, including infractions of conditions and safeguards established inconnection with conditions of the permit, shall constitute a violation. Any person whoviolates this local law or fails to comply with any of its requirements shall, uponconviction thereof, be fined no more than $250 or imprisoned for not more than 15 daysor both. Each day of noncompliance shall be considered a separate offense. Nothingherein contained shall prevent the Zoning Officer and/or the Town of Busti from takingsuch other lawful action as necessary to prevent or remedy an infraction. Any structurefound not compliant with the requirements of this local law for which the developerand/or owner has not applied for and received an approved variance under Section 6.0will be declared non-compliant and notification sent to the Federal EmergencyManagement Agency.

3.6 WARNING AND DISCLAIMER OF LIABILITY

The degree of flood protection required by this local law is considered reasonable forregulatory purposes and is based on scientific and engineering considerations. Largerfloods 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 specialflood hazards or uses permitted within such areas will be free from flooding or flooddamages. This local law shall not create liability an the part of the Town of Busti, anyofficer or employee thereof, or the Federal Emergency Management Agency, for anyflood damages that result from reliance on this local law or any administrative decisionlawfully made thereunder.

SECTION 4.0: ADMINISTRATION

4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR

The Zoning Officer is hereby appointed Local Administrator to administer andimplement this local law by granting or denying floodplain development permits inaccordance with its provisions.

4.2 THE FLOOOPLAIN DEVELOPMENT PERMIT

4.2-1 PURPOSE

A floodplain development permit is hereby established for all construction and otherdevelopment to be undertaken in areas of special flood hazard in this community for thepurpose of protecting its citizens from increased flood hazards and insuring that viewdevelopment is constructed in a manner that minimizes its exposure to flooding. It shallbe unlawful to undertake any development in an area of special flood hazard, as shownon the Flood Insurance Rate Map enumerated in Section 3.2, without a valid floodplaindevelopment permit. Application for a permit shall be made on forms furnished by theLocal Administrator and may include, but not be limited to: plans, in duplicate, drawn toscale and showing: the nature, location, dimensions, and elevations of the area inquestion; existing or proposed structures, fill, storage of materials, drainage facilities, andtire location of the foregoing.

4.2-2 FEES

(1) All applications for a floodplain development permit shall be accompanied by anapplication fee of $100.00. In addition, the applicant shall be responsible for reimbursingthe Town of Busti for any additional costs necessary for review, inspection and approvalof this project. The Local Administrator may require a deposit of no more than $500.00to cover these additional costs.

4.3 APPLICATION FOR A PERMIT

The applicant shall provide the following information as appropriate. Additionalinformation 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 belocated 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 LocalAdministrator the as-built elevation, certified by a licensed professional engineer orsurveyor.

(2) The proposed elevation, in relation to mean sea level, to which any new orsubstantially improved nonresidential structure will be floodproofed. Upon completion ofthe floodproofed portion of the structure, the permitee shall submit to the LocalAdministrator the as-built floodproofed elevation, certified by a professional engineer orsurveyor.

(3) A certificate from a licensed professional engineer or architect that any utilityfloodproofing will meet the criteria in Section 5.2-3, UTILITIES.

(4) A certificate from a licensed professional engineer or architect that anynonresidential 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 orrelocated as a result of proposed development. Computations by a licensed professionalengineer must be submitted that demonstrate that the altered or relocated segment willprovide equal or greater conveyance than the original stream segment. The applicantmust submit any maps, computations or other material required by the FederalEmergency Management Agency (FEMA) to revise the documents enumerated in Section3.2, when notified by the local Administrator, and must pay any fees or other costsassessed by FEMA for this purpose. The applicant must also provide assurances that theconveyance capacity of the altered or relocated stream segment will be maintained.

(6) A technical analysis, by a licensed professional engineer, if required by theLocal Administrator, which shows whether proposed development to be located in anarea 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 subdivisionproposals and other proposed developments (including proposals for manufactured homeand recreational vehicle parks and subdivisions) that are greater than either 50 lots or 5acres.

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 beforeissuing a floodplain development permit:

(1) Review all applications for completeness, particularly with the requirementsof subsection 4.3, APPLICATION FOR A PERMIT, and for compliance with theprovisions and standards of this law.

(2) Review subdivision and other proposed new development, includingmanufactured home parks to determine whether proposed building sites will bereasonably safe from flooding. If a proposed building site is located in an area of specialflood hazard, all new construction and substantial improvements shall meet the applicablestandards of Section 5.0, CONSTRUCTION STANDARDS and, in particular, subsection5.1-1 SUBDIVISION PROPOSALS.

(3) Determine whether any proposed development in an area of special floodhazard may result in physical damage to any other property (e.g., stream bank erosionand increased flood velocities). The Local Administrator may require the applicant tosubmit additional technical analyses and data necessary to complete the determination.

If the proposed development may result in physical damage to any other propertyor falls to meet the requirements of Section 5.0, CONSTRUCTION STANDARDS, nopermit shall be issued. The applicant may revise the application to include measures thatmitigate or eliminate the adverse effects and resubmit the application.

(4) Determine that all necessary permit have been received from thosegovernmental 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 ofspecial flood hazard on the community's Flood Insurance Rate map (FIRM) but hasneither produced water surface elevation data (these areas are designated Zone A or V onthe FIRM) nor identified a floodway, the Local Administrator shall obtain, review andreasonably 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 criteriafor requiring that new construction, substantial improvements or other proposeddevelopment meet the requirements of this law.

(2) When base flood elevation data are not available, the Local Administrator mayuse flood information from any other authoritative source, such as historical data, toestablish flood elevations within the areas of special flood hazard, for the purposes of thislaw.

4.4-3 ALTERATION OF WATERCOURSES

(1) Notification to adjacent communities and the New York State Department ofEnvironmental Conservation prior to permitting any alteration or relocation of awatercourse, 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 thealtered or relocated portion of said watercourse so that the flood carrying capacity is notdiminished.

4.4-4 CONSTRUCTION STAGE

(1) In Zones Al-A3O, AE and AM, and also Zone A if base flood elevation dataare available, upon placement of the lowest floor or completion of floodproofing of a newor substantially improved structure, obtain from the permit holder a certification of theas-built elevation of the lowest floor or floodproofed elevation, in relation to mean sealevel. The certificate shall be prepared by or under the direct supervision of a licensedland surveyor or professional engineer and certified by same. For manufactured homes,the permit holder shall submit the certificate of elevation upon placement of the structureon the site. A certificate of elevation must also be submitted for a recreational vehicleif it remains on a site for 180 consecutive days or longer (unless it is fully licensed andready for highway use).

(2) Any further work undertaken prior to submission and approval of thecertification shall be at the permit holder's risk. The Local Administrator shall review alldata submitted. Deficiencies detected shall be cause to issue a stop work order for theproject unless immediately corrected.

4.4-5 INSPECTIONS

The Local Administrator and/or the developer's engineer or architect shall make periodicinspections at appropriate times throughout the period of construction in order to monitorcompliance with permit conditions and enable said inspector to certify, if requested, thatthe development is in compliance with the requirements of the floodplain developmentpermit 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 orderfor any floodplain development found ongoing without a development permit. Disregardof a stop work order shall subject the violator to the penalties described in Section 3.5 ofthis local law.

(2) The Local Administrator shall issue, or cause to be issued, a stop work orderfor 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 shallsubject 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 inSection 3.2, it shall be unlawful to occupy or to permit the use or occupancy of anybuilding 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 certificateof compliance has been issued by the Local Administrator stating that the building orland conforms to the requirements of this local law.

(2) A certificate of compliance shall be issued by the Local Administrator uponsatisfactory completion of all development in areas of special flood hazard.

(3) Issuance of the certificate shall be based upon the inspections conducted asprescribed in section 4.4-5, INSPECTIONS, and/or any certified elevations, hydraulicdata, floodproofing, anchoring requirements or encroachment analysis which may havebeen 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 thefollowing:

(1) Floodplain development permits and certificates of compliance;

(2) Certifications of as-built lowest floor elevations of structures, requiredpursuant to sub-sections 4.4-4(l) and 4.4-4(2), and whether or not the structures contain abasement;

(3) Floodproofing certificates required pursuant to subsection 4.4-4(l), andwhether 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 OFWATERCOURSES.

SECTION 5.0: CONSTRUCTION STANDARDS

5.1 GENERAL STANDARDS

The following standards apply to new development, including new and substantiallyimproved structures, in the areas of special flood hazard shown on the Flood InsuranceRate Map designated in Section 3.2.

5.1-1 SUBDIVISION PROPOSALS

The following standards apply to all new subdivision proposals and other proposeddevelopment in areas of special flood hazard (including proposals for manufactured homeand 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 systemsshall 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, nonew construction, substantial improvements or other development (including fill) shallpermitted unless:

(i) the applicant demonstrates that the cumulative effect of the proposeddevelopment, when combined with all other existing and anticipateddevelopment, will not increase the water surface elevation of the baseflood more than one foot at any location, or,

(ii) the Town of Busti agrees to apply to the Federal EmergencyManagement Agency (FEMA) for a conditional FIRM revision, FEMAapproval is received and the applicant provides all necessary data,analyses and mapping and reimburses the Town of Busti for all fees andother costs in relation to the application. The applicant must also provideall data, analyses and mapping and reimburse the Town of Busti for allcosts related to the final map revision.

(2) On streams with a regulatory floodway, as shown on the flood Boundary andFloodway Map or the Flood Insurance Rate Map adopted in Section 3.2, no newconstruction, substantial improvements or other development in the floodway (includingfill) shall be permitted unless:

(i) a technical evaluation by a licensed professional engineer shows thatsuch an encroachment shall not result in any increase in flood levelsduring occurrence of the base flood, or,

(ii) the Town of Busti agrees to apply to the Federal EmergencyManagement Agency (FEMA) for a conditional FIRM and floodwayrevision, FEMA approval is received and the applicant provides allnecessary data, analyses and mapping anti reimburses the Town of Busti

for all fees and other costs in relation to the application. The applicantmust also provide all data, analyses and mapping and reimburse the Townof 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 specialflood hazard shall be anchored to prevent flotation, collapse, or lateral movement duringthe base flood. This requirement is in addition to applicable State and local anchoringrequirements for resisting wind forces.

5.2-2 CONSTRUCTION MATERIALS AND METHODS

(1) New construction and substantial improvements to structures shall beconstructed with materials and utility equipment resistant to flood damage.

(2) New construction and substantial improvements to structures shall beconstructed 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 andsubstantially improved structures shall have fully enclosed areas below the lowest floorthat are useable solely for parking of vehicles, building access or storage in an area otherthan a basement and which are subject to flooding, designed to automatically equalizehydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensedprofessional 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 onesquare 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 thelowest adjacent finished grade.

Openings may be equipped with louvers, valves, screens or other coverings or devicesprovided 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 orabove the base flood level or designed to prevent water from entering or accumulatingwithin the components during a flood. This includes heating, ventilating, and airconditioning equipment, hot water beaters, appliances, elevator lift machinery, and

electrical junction and circuit breaker boxes. When located below the base floodelevation, a professional engineer or architect's certification of the design is required;

(2) New and replacement water supply systems shall be designed to minimize oreliminate infiltration of flood waters into the system;

(3) New and replacement sanitary sewage systems shall be designed to minimizeor eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems forbuildings that have openings below the base flood elevation shall be provided withautomatic backflow valves or other automatic backflow devices that are installed in eachdischarge line passing through a building's exterior wall; and,

(4) On-site waste disposal systems shall be located to avoid impairment to themor 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 specialflood hazard as indicated.

(1) Within Zones A1-A30, AE and AH and also Zone A if base flood elevationdata are available, new construction and substantial improvements shall have the lowestfloor (including basement) elevated to or above the base flood level.

(2) Within Zone A, when no base flood elevation data are available, new andsubstantially 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 thelowest floor (including basement) elevated above the highest adjacent grade at least ashigh as the depth number specified in feet on the community's Flood Insurance Rate Mapenumerated 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 floodwaters around and away from proposed structures on slopes.

5.4 NON-RESIDENTIAL STRUCTURES

The following standards apply to new and substantially improved commercial, industrialand 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 elevationdata are available, new construction and substantial improvements of any nonresidentialstructure, together with attendant utility and sanitary facilities, shall either:

(i) have the lowest floor, including basement or cellar, elevated to orabove the base flood elevation; or

(ii) be floodproofed so that the structure is watertight below the base floodlevel with walls substantially impermeable to the passage of water. Allstructural components located below the base flood level must be capableof resisting hydrostatic and hydrodynamic loads and the effects ofbuoyancy.

(2) Within Zone AO, new construction and substantial improvements ofnonresidential structures shall:

(i) have the lowest floor (including basement) elevated above the highestadjacent grade at least as high at least as high as the depth numberspecified in feet on the community's FIRM (at least two feet if no depthnumber is specified), or

(ii) together with attendant utility and sanitary facilities, be completelyfloodproofed to that level to meet the floodproofing standard specified insub-section 5.4(1)(ii)

(3) If the structure is to be floodproofed, a licensed professional engineer orarchitect shall develop and/or review structural design, specifications, and plans forconstruction. A Floodproofing Certificate or other certification shall be provided to theLocal Administrator that certifies the design and methods of construction are inaccordance with accented standards of practice for meeting the provisions of Section5.4(1)(ii), including the specific elevation (in relation to mean sea level) to which thestructure is to be floodproofed.

(4) Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes.

(5) Within Zone A, when no base flood elevation data are available, the lowestfloor (including basement) shall be elevated at least three feet above the highest adjacentgrade.

5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES

The following standards in addition to the standards in Section 5.1, GENERALSTANDARDS, and Section 5.2, STANDARDS FOR ALL STRUCTURES apply, as

indicated, in areas of special flood hazard to manufactured homes and to recreationalvehicles which are located in areas of special flood hazard.

(1) Recreational vehicles placed on sites within zones A1-A30, AE and AH shalleither:

(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, isattached to the site only by quick disconnect type utilities and security devices and has nopermanently 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 hereindefined;

(ii) in a new manufactured home park or subdivision as herein defined;

(iii) in an expansion to an existing manufactured home park or subdivisionas herein defined; or

(iv) in an existing manufactured home park or subdivision as hereindefined on which a manufactured home has incurred substantial damage asthe result of a flood;

It shall be elevated on a permanent foundation such that the lowest floor is elevated to orabove the base flood elevation and is securely anchored to an adequately anchoredfoundation system to resist flotation, collapse and lateral movement. Elevation on piersconsisting of dry stacked blocks is prohibited. Methods of anchoring may include, but arenot 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 beplaced 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 byreinforced piers or other foundation elements of at least equivalent

strength that are no less than 36 inches in height above the lowest adjacentgrade and are securely anchored to an adequately anchored foundationsystem to resist flotation, collapse or lateral movement. Elevation on piersconsisting of dry stacked blocks is prohibited.

(4) Within Zone A, when no base flood elevation data are available, new andsubstantially improved manufactured homes shall be elevated such that the manufacturedhome chassis is supported by reinforced piers or other foundation elements of at leastequivalent strength that are no less than 36 inches in height above the lowest adjacentgrade and are securely anchored to an adequately anchored foundation system to resistflotation, collapse or lateral movement. Elevation on piers consisting of dry stackedblocks is prohibited.

(5) Within Zone AO, the floor shall be elevated above the highest adjacent gradeat least as high as the depth number specified on the Flood Insurance Rate Mapenumerated in Section 3.2 (at least two feet if no depth number is specified). Elevationon 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 hearand 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 allegedthere is an error in any requirement, decision, or determination made by the LocalAdministrator in the enforcement of administration of this local law.

(3) Those aggrieved by the decision of the Zoning Board of Appeals may appealsuch decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law andRules.

(4) In passing upon such applications, the Zoning Board of Appeals shall considerall technical evaluations, all relevant factors, standards specified in other sections of thislocal law and:

(i) the danger that materials may be swept onto other lands to the injury ofothers;

(ii) the danger to life and property due to flooding or erosion damage;

(iii) the susceptibility of the proposed facility and its contents to flooddamage and the affect of such damage on the individual owner;

(iv) the importance of the services provided by the proposed facility to thecommunity;

(v) the necessity to the facility of a waterfront location, where applicable;

(vi) the availability of alternative locations for the proposed use which arenot subject to flooding or erosion damage;

(vii) the compatibility of the proposed use with existing and anticipateddevelopment;

(viii) the relationship of the proposed use to the comprehensive plan andfloodplain management program of that area;

(ix) the safety of access to the property in times of flood for ordinary andemergency vehicles;

(x) the costs to local governments and the dangers associated withconducting search and rescue operations during periods of flooding;

(xi) the expected heights, velocity, duration, rate of rise and sedimenttransport 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 floodconditions, including search and rescue operations, maintenance and repairof public utilities and facilities such as sewer, gas, electrical, and watersystems and streets and bridges.

(5) Upon consideration of the factors of Section 6.1(4) and the purposes of thislocal law, the Zoning Board of Appeals may attach such conditions to the granting ofvariances as it deems necessary to further the purposes of this local law.

(6) The Local Administrator shall maintain the records of all appeal actionsincluding technical information and report any variances to the Federal EmergencyManagement Agency upon request.

6.2 CONDITIONS FOR VARIANCES

(1) Generally, variances may be issued for new construction and substantialimprovements to be erected on a lot of one-half acre or less in size contiguous to andsurrounded 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 sizeincreases beyond the one-half acre, the technical justification required for issuing thevariance increases.

(2) Variances may be issued for the repair or rehabilitation of historic structuresupon determination that:

(i) the proposed repair or rehabilitation will not preclude the structure'scontinued designation as a "Historic structure".

(ii) the variance is the minimum necessary to preserve the historiccharacter and design of the structure.

(3) Variances may be issued by a community for new construction and substantialimprovements and for other development necessary for the conduct of a functionallydependent 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 thatminimize flood damages during the base flood and create no additionalthreat to public safety.

(4) Variances shall not be issued within any designated floodway it any increasein flood levels during the base flood discharge would result.

(5) Variances shall only be issued upon a determination that the variance is theminimum 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 inexceptional hardship to the applicant; and

(iii) a determination that the granting of a variance will not result inincreased flood heights, additional threats to public safety, extraordinarypublic expense, create nuisances, cause fraud on or victimization of thepublic or conflict with existing local laws or ordinances.

(7) Any applicant to whom a variance is granted for a building with the lowestfloor below the base flood elevation shall be given written notice over the signature of acommunity official that the cost of flood insurance will be commensurate with theincreased 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 LocalLaw 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 aproper 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 toan extent exceeding in aggregate cost fifty percent of the assessed value of the buildingunless 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 thelot where it existed at the time of the adoption of this Local Law. The extension of alawful use to any portion of a nonconforming building which existed prior to theenactment 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 useof a building for which a building perm1t has been heretofore issued and the constructionof which shall have been diligently prosecuted within eighteen (18) months of the date ofsuch permit.

Section 91-1106. Restoration

No building damaged by fire (or other causes) to the extent of more than fifty percent ofits market value shall be repaired or rebuilt except in conformity with the bulk and arearegulations of this Local Law. The building can be rebuilt for the use it contained prior tothe damage by fire (or other causes) if a development permit is obtained from the ZoningOfficer within six months of the destruction by fire or other calamity and such building iscompleted within 18 months of such fire.

Section 91-1107. Abandonment

Whenever a nonconforming use has been discontinued for a period of one year, such useshall not thereafter be reestablished and any future use shall be in conformity with theprovisions of this Local Law.

Section 91-1108. Changes

Once changed to a conforming use or conforming building, no building or land shall bepermitted 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 areafrom one district or zone of a different classification, the foregoing provisions shall alsoapply to any nonconforming uses existing therein.

Section 91-1111. Signs

All nonconforming signs shall be completely removed from the premises not later thanJanuary 1, 1984.

ARTICLE 91-1200: ADMINISTRATION

Section 91-1201. Enforcement

This Local Law shall be enforced by the Zoning Officer or Deputy Zoning Officer whoshall be appointed by the Busti Town Board. No development permit, use permit, signpermit or flood plan development permit shall be issued by him except in compliancewith 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 thefollowing:

A. Make a record of nonconforming uses; and

B. Issue permits or refuse to issue the same and give the reasons for the same tothe applicant; and

C. Keep a record of all applications for permits and a record of all permits issuedwith 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, togetherwith the Town Attorney informed and advised of all matters other than those of a routinenature 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 ofAppeals, the Planning Board or the Town Board; and

G. Whenever possible to advise and assist persons applying for permits under thisLocal Law in the preparations of their applications; and

H. Make recommendations for keeping this Local Law and the accompanyingmap up to date; and

I. Bring all nonconforming and commercial and industrial applications to thePlanning Board for its review and recommendation; and

J. Bring all special use permit applications and applications for variances andflood plain development permits to the Zoning Board of Appeals and the Planning Boardfor their review and recommendation; and

K. Bring all special use permit applications for motor vehicle services stations andmobile 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 anychange 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 violationsof any provisions of this Local Law.

N. The Zoning Officer, whenever lie shall determine that a violation of this LocalLaw exists, may issue appearance tickets, cause information to be filed with the TownJustice Court or any other judicial body which he deems appropriate, provided the samehas jurisdiction and take whatever other action he deems appropriate to prosecute suchviolation and cause an abatement thereof including seeking a restraining order orinduction 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 orstructurally 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 havebeen issued by the Zoning Officer. Such a permit may be issued in conjunction with aDevelopment Permit and/or a Sign Permit.

C. Sign Permit: No sign shall be placed or installed in the Town of Busti, nor shallany nonconforming sign be continued, except those allowed under Section 91-804-1-a, band 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 ofa Flood Plain Development Permit.

D. Flood Plain Development Permit: The Zoning Officer shall issue Flood PlainDevelopment Permits in accordance with the provisions of Article 91-1000 of this LocalLaw.

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 uponsuch form or forms as the Zoning Officer shall prescribe and shall containa statement as to cost, location, proposed use, sanitation facilities to beprovided, if any, and such other information as is required by other

provisions of this Local Law. The Zoning Officer may require any otherinformation that he deems appropriate for the purposes of carrying out theintent and purpose of this Local Law.

3. All permit applications except for Use Permits, shall contain two copiesof a layout or plot drawn to scale and showing the actual dimensions of thelot to be built upon, the approximate size arid the location on the lot of allexisting buildings and accessory buildings and all buildings to be erected,the location of adjoining highway right-of-way lines and other informationas may be necessary to determine and provide for the enforcement of thisLocal Law.

4. No permit shall be issued until sanitation, sewage and waste disposalfacilities have been approved by the County Health Department and/orState of New York.

5. All applications for development permit applications for commercialand industrial buildings shall contain information detailing drainage andlandscape plans, off-street parking, off-street loading and other data thePlanning 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 itsissuance unless approved work has reasonably progressed within such180-day period. The maximum length of a Development Permit shall befor two years. At the expiration of said period, the permit may be renewedonce for a period of one year.

Pursuant to the provisions of the Town Law applicable hereto, there is hereby establisheda Zoning Board of Appeals consisting of five (5) members each appointed by the TownBoard. 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 shallappoint its chairman.

The Zoning Board of Appeals shall have all the powers and duties prescribed by law andby this Local Law, more particularly specified as follows:A. Review: The Zoning Board of Appeals, consistent with the provisions of theTown 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 thisLocal Law, including the interpretation of this Local Law. It shall also hear and decide allmatters referred to it or upon which it is to pass under this Local Law or any other LocalLaw.B. Variances: The Board of Zoning Appeals may grant variances as follows:1. Where there are practical difficulties or unnecessary hardships in theway of carrying out the strict letter of this Local Law, the Zoning Board ofAppeals shall have the power in passing upon appeals to vary or modifythe application of the regulations or provisions hereunder relating to theuse, construction or alteration of buildings or structures or the use of landor the placement of signs so that the spirit of this Local Law shall beobserved and public safety and welfare secured and substantial justicedone. No variance shall be granted by the Zoning Board of Appeals unlessit finds:a. That there are special circumstances or conditions fullydescribed in the findings of the Board of Appeals applying to theland or buildings in question and not applying generally to land orbuildings in the neighborhood and other such circumstances orconditions such that the strict application of the provisions of thisLocal Law would deprive the applicant of the reasonable use ofsuch land or buildings; andb. That for reasons fully set forth in the findings of the ZoningBoard of Appeals the granting of a variance is required andnecessary for the reasonable use of the land or the building and thatthe variance granted by the Zoning Board of Appeals is the

(1) In the event a variance is not utilized within fourmonths of granting it, then the variance shall be revokedand a new petition filled.(2) In the event that the variance is utilized but the propertyon which it is located is not used, or is vacant for a periodof one year, or the property is used but the variance ceasesto be used for a period of one year, the variance shall cease.(3) Proof that a copy of the variance has been filled in theCounty Clerk's office under miscellaneous records shall beprovided to the Zoning Officer before the use ordevelopment for which a variance is granted shall begin.Cost and responsibility of filing shall be born by theapplicant.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 ofthe neighboring property will not be injured thereby, the Zoning Board of Appeals may inappropriate and specific instances after public notice and hearing and subject toappropriate conditions and safeguards, grant a special use permit whenever it is providedin this Local Law that the approval of the Zoning Board of Appeals is required or refuseto grant the same or take such action as is justified provided that in the event that itrefuses to grant such a permit, that he Zoning Board of Appeals provides written findingsof the reasons for such refusal. Such special use permit shall be used only in accordancewith the general standards and rules set forth as follows:1. Such special use shall comply with all applicable regulations of thisLocal Law for the District within which it is to be located except aswaived by the Zoning Board of Appeals.2. Such use shall comply with the standards as they are set forth for thespecial use In Sections 91-504, 91-505, 91-602 of this Local Law.3. Such special use shall comply with any conditions deemed necessary bythe Zoning Board of Appeals (e.g. access roads, fences, landscaping, etc.)in order to protect the value of adjacent properties and promote the orderlydevelopment of the surrounding area.4. In the event that a special permit is not utilized within four months of ithaving been granted, then the special use permit shall be revoked and anew petition must be filed for any subsequent permit.5. In the event that the special permit is utilized but the property in whichit 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 MiscellaneousRecords Section of the County Clerk's Office shall be presented to theZoning Officer before the use or development for which a special usepermit is granted shall begin.

A. The Zoning Board of Appeals shall act in strict compliance and accordancewith the procedures specified in this Local Law and those specified by law. All appealsand 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 Lawinvolved and shall exactly set forth the interpretation that is claimed, the use for whichthe special use permit is sought or the details of the variance that is applied for and thegrounds 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 onapplication or appeal to the Zoning Board of Appeals, the secretary of said Board shalltransmit to the Planning Board a copy of said application or appeal and the PlanningBoard 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 renderedno opinion. Every decision of the Board of Appeals shall be by resolution each of whichshall 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 shallsend notice by mail to all property owners as shown on the assessment role of the Townof 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 theConrail Railroad tracks in the, Town of Busti, such notice shall only be sent to propertyowners as shown on the, assessment role of the Town of Busti who own property locatedwithin 250 feet of the property in question. In the absence of bad faith or deliberateintent, the failure to send notice to less than 50 percent of the property owners shall notinvalidate the action of the Zoning Board of App6als. If the applicant files with theZoning Board of Appeals a signed consent for such special permit or variance signed bymore than 50 percent of the affected owners, or if the applicant filed or is requested to filean affidavit that he has served notice by mail or in person to all such property owners, thetown 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 lyingwithin its distance of 500 feet of the boundary of the Town of Busti from the boundary ofany 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 Appealsaccompanied with a full statement as to the reason within such period of thirty (30) daysor such longer period as may have been agreed upon by it and the Board of Appeals, theBoard of Appeals may act without such report. If the Chautauqua County Planning Boarddisapproves the proposal or recommends modification thereof, the Board of Appeals shallnot act contrary to such disapproval or recommendation except by a vote of fourmembers thereof and after the adoption of a resolution fully setting forth the reasons forsuch Contrary action.Within seven (7) days after final action by the Board of Appea1s, modifications ordisapproval of a referred matter, the Board of Appeals shall file a final report action it hastaken 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 behalfof 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 theTown Board except after a public hearing upon notice published in the official Townnewspaper, such notice to be so published at least five (5) days prior to the date of suchhearing.

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 chargedwith the enforcement of the Zoning Law, shall have the power to grant use variances, authorizing ause 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 applicantthat applicable zoning regulations and restrictions have caused unnecessary hardship. In order toprove 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 itshall deem necessary and adequate to address the unnecessary hardship proven by the applicant andat the same time preserve and protect the character of the neighborhood and the health, safety andwelfare of the community.

2. Area variances.

a. The Zoning Board of Appeals shall have the power, upon an appeal from a decision ordetermination of the Zoning Officer official charged with the enforcement of this Zoning Law, togrant 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 theapplicant if the variance is granted, as weighed against the detriment to the health, safety and welfareof the neighborhood or community by such grant. In making such determination, the Board shallconsider whether:

(1) An undesirable change will be produced in the character of the neighborhood or adetriment 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 theapplicant 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 itshall deem necessary and adequate and at the same time preserve and protect the character of theneighborhood 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 theauthority to impose such reasonable conditions and restrictions as are directly related to and incidentalto the proposed use of the property or the period of time such variance shall be in effect. Suchconditions shall be consistent with the spirit and intent of this chapter and shall be imposed for thepurpose of minimizing any adverse impact such variance may have on the neighborhood orcommunity.

(3) Proof that a copy of the variance has been filed in the County Clerk's office undermiscellaneous records shall be provided to the Zoning Officer before the use or development forwhich a variance is granted shall begin. The cost and responsibility of filing shall be borne by theapplicant.

This Local Law shall become effective on the date it shall be filed in the office of the Secretary ofState.

ARTICLE 91-1400: PLANNING BOARD

Section 91-1401. Appointment

The Town Board shall appoint a Planning Board consisting of seven (7) members asprescribed by Section 271 of the Town Law. No appointment shall be valid unless theappointee is a resident and real property owner of the Town of Busti. The Town Boardshall appoint the Chairman of the Planning Board although all other matters of procedureshall 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 toit 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 orother matter unless the time shall be extended by the Zoning Officer of the Board makingthe reference.

3. To hold at least six meetings each year at the direction of the Chairman and atsuch other times as the Chairman of the Planning Board may deem necessary. Allmeetings of the Planning Board shall be open to the public. The secretary of the PlanningBoard shall keep minutes of all meetings of the Board. The meetings shall be presided atby the Vice Chairman also to be appointed by the Town Board in the absence of theChairman.

4. To prepare and change the comprehensive master plan and map for thedevelopment of the entire Town of Busti if and when requested to do so by the TownBoard 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) siteplans for mobile home parks, commercial or industrial or buildings or uses. Such siteplans shall be submitted to the Planning Board at least ten (10) days prior to its nextscheduled meeting and shall consist of the following:

a. A plot plan drawn to scale prepared by art engineer, surveyor orarchitect (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 andstructures;

c. The exact size and location on the lot of the structure of buildingproposed 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 andnumber 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 theprevention 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 towater runoff control, slope, contours, type of building, etc;

h. Areas to be utilized for storage of materials and type of architecturalscreen to be used;

i. Such other information as may be required by the Planning determinetheir 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 withregard thereto. All such complaints must be in writing and shall be filed with the ZoningOfficer, 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 ororganization shall be punishable as a violation and shall be punishable by fine not toexceed Two Hundred Fifty Dollars ($250.00) or imprisonment for a period not to exceedfifteen (15) days or both. Each week's continued violation shall constitute a separateadditional violation.

2. In addition to the foregoing remedies, the Zoning Board of Appeals may maintain anaction for an injunction or other remedy to prevent such unlawful erection, structuralalteration; reconstruction and/or use or to restrain, correct or abate such violation, or toprevent 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 timeto time be amended, supplemented, changed or modified or repealed by Local Law. Suchamendment, supplement, change, modification or repeal can be made on a motion by theTown Board or on petition or on the recommendation of the Planning Board and theBoard of Appeals after a public hearing and due notice thereof. Every such proposedamendment shall be submitted to the Planning Board for a report and recommendationprior to the public hearing thereon. Additionally any and all amendments shall be referredto 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 beminimum requirements, adopted for the promotion of the public health, morals, safety orthe general welfare. Whenever the requirements of this Local Law are at variance withthe requirements of any other lawfully adopted codes, laws, rules, regulations orordinances, 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 partthereof.

Section 91-1703. Repealer

All previously adopted Zoning Ordinances, Local Laws or regulations of the Town ofBusti, 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 theMunicipal Home Rule Law.

2. The Town Clerk is hereby authorized, empowered and directed to effect thepublication and posting of this Local Law and code pursuant to the provisions of theTown Law and any other applicable status.

NOTICE OF ENACTMENTOF LOCAL LAW NO. l FOR THE

YEAR 1993 OFTHE TOWN OF BUSTI

COUNTY OF CHAUTAUQUAAND STATE OF NEW YORK

PLEASE TAKE NOTICE, that the following LOCAL LAW was adopted by theTown 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 andheld at the Town Administration Building, 121 Chautauqua Avenue, Lakewood, NewYork on the 22nd day of March, 1993 at 6:45 P.M.

Upon motion duly made by Supervisor Robbins, seconded by CouncilmanTarbrake, 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 ofthe 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 "LocalLaw No. l of the Year 1993"

WHEREAS, due publication of the Notice of Public Hearing upon the proposedLocal Law has been presented to the Town Board; and

NOW, THEREFORE, BE IT RESOLVED, that the following Local Law be andthe same is adopted.

LOCAL LAW NO. 1OF 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, asfollows:

Article I: This local law shall be entitled "A local law to amend the floodprevention provisions of the Town of Busti Zoning code."

Article II: The provisions of Article 91-1000, Section 3.2 be and the same arehereby repealed.

Article III: The Town Code of the Town of Busti, Article 9-1000, Section 3.2 beand 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 documentsprepared 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 ofBusti, New York, Chautauqua County" dated January 20, 1993.

Article IV: This local law shall take effect immediately upon filing with theSecretary 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 Stateof New York.

A LOCAL LAW TO AMEND ARTICLE 91 OFTHE 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 moreefficient 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, andknown as Article 91 of the Town Code of the Town of Busti, is hereby amended asfollows:

a). Section 91-460. LC - Lakeshore Commercial District is hereby amendedto read as follows:

1. Uses permitted by right:• Single and two family detached residential dwelling units (except mobile homes).• 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.• Essential services.

2. Permitted uses subject to securing a special use permit from the Town Board of theTown of Busti: None.

3. Permitted uses subject to securing a special use permit from the Zoning Board ofAppeals: Indoor and outdoor recreational facilities.

4. Permitted accessory uses: Outdoor storage of any of the items used or sold incident toa primary use; any accessory use of building customarily incidental to a primary usewhen located on the same lot including outdoor boat storage.

5. Lot Limitations for all but single and two-family residential uses:

a. Minimum lot area: 1 acre.b. Minimum lot width: 80 feet.c. Maximum lot coverage: 45 percent.d. Minimum front yard dimension: 50 feet from highway.e. Minimum side yard dimension: 12 feet on each side except when a side yardabuts the lakeshore, in which case such side yard minimum distance shall be 50feet from the lake.f. Minimum rear yard dimension: 15 feet except where the rear abuts lakeshore inwhich event such rear yard must meet a minimum dimension of 50 feet from thelake.g. Maximum building height: 2 1/2 stories (i.e. 28 feet).h. Off-street parking:

Use Off-Street Parking RequiredMarinas 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).b. Minimum lot width: 50 feet.c. Maximum lot coverage: 45 percent.d. Minimum front yard dimension: 50 feet from highway unless prior to 10-1-94 astructure was located on premises closer than 50 feet from a highway in whichevent the structure may be located the same distance from the highway as theprior structure.e. Minimum side yard dimension: 8 feet on each side except when a side yardabuts the lakeshore, in which case such side yard minimum distance shall be 50feet from the lake.f. Minimum rear yard dimension: 15 feet except where the rear abuts lakeshore inwhich event such rear yard must meet a minimum dimension of 50 feet from thelake.g. Maximum building height: 2 1/2 stories (i.e. 28 feet).h. Off-street parking:

Use Off-Street Parking RequiredOne family dwelling 2 spaces for each boat slipTwo 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 highwater level exclusive of piers, wharves, docks, bulkheads, jetties and similar structures.

b. Section 91-465. GC - Gateway Commercial District is hereby amended toprovide as follows:

1. Uses permitted by right:• Single and two family detached residential dwelling units (except mobile homes).• Establishments selling water recreational goods including bait, tackle, water

recreation equipment and supplies, boats and boat equipment (including boatstorage).

• Gift and novelty stores.• Stores selling food products.• Eating and drinking establishments.• Hotels, motels, and bed and breakfasts.• Essential services.• 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 the Zoning Board ofAppeals: Indoor and outdoor recreational facilities.

4. Permitted accessory uses: Any accessory use of building customarily incidental to aprimary use when located on the same lot.

5. Lot limitations for all but single and two family residential uses:

a. Minimum lot area: 1 acre.b. Minimum lot width: 80 feet.c. Maximum lot coverage: 45 percent.d. Minimum front yard dimension: 50 feet from highway.e. Minimum side yard dimension: 20 feet each side.f. Minimum rear yard dimension: 20 feet.g. Maximum building height: 2 1/2 stories (i.e. 28 feet).

h. Off-street parking.

Use Off-Street Parking RequiredAll 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).b. Minimum lot width: 50 feet.c. Maximum lot coverage: 45 percent.d. Minimum front yard d dimension: 50 feet from highway unless prior to 10-1-94a structure was located on premises closer than 50 feet from a highway in whichevent the structure may be located the same distance from the highway as theprior structure.e. Minimum side yard dimension: 8 feet on each side except when a side yardabuts the lakeshore, in which case such side yard minimum distance shall be 50feet from the lake.f. Minimum rear yard dimension: 15 feet except where the rear abuts lakeshore inwhich event such rear yard must meet a minimum dimension of 50 feet from thelake.g. Maximum building height: 2 1/2 stories (i.e. 28 feet).h. Off-street parking:

Use Off-Street Parking Required

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, orother catastrophe may be restored or rebuilt to the same dimension, within a period oftwo years from the date of such destruction, and when so restored or rebuilt, thenonconforming 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 herebyamended 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 herebyamended 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:


LOCAL LAW TO AMEND ARTICLE 91 OFTHE 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 year1983, and as thereafter amended, to insure the more efficient administration of planningand 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, andknown as Article 91 of the Town Code of the Town of Busti, is hereby amended asfollows:

(a). Section 91-602. Special Use Permits for the Town of Busti Zoning Board ofAppeals, subsection 3 is hereby amended to read as follows:

3. Customary home occupations: Customary home occupations shall be allowedin the CA and CAMP District by securing a special permit from the Zoning Board ofAppeals of the Town of Busti, provided that:

A. Such occupation is carried on in a residential dwelling unit or abuilding or other structure accessory to such dwelling unit; and

B. Such occupation is carried on by a member of the family residing in thedwelling unit; and

C. Such occupation is clearly incidental and accessory or secondary to theuse of the dwelling unit for residential purposes; and

D. Such occupation is carried on in accordance with the followingconditions:

(1). No exterior sign, except that placed pursuant to a permit issuedunder Section 91-804 of this Local Law, shall be placed on thepremises; and

(2). No exterior storage of materials and no exterior indication ofthe home occupation or profession or variation of the residentialcharacter of the principal building shall be allowed; and

(3). The occupation or profession shall be carried on solely withinthe principal building or within a building or other structureaccessory thereto; and

(4). Not more than two persons outside the family shall beemployed in a home occupation; and

(5). No offensive odor, noise, vibration, smoke, dust, heat or glareshall be produced; and

(6). Off-street parking sufficient to serve all persons availingthemselves of the home occupation shall be provided by theapplicant.

(b). Section 91-602. Special Use Permits for the Town of Busti Zoning Board ofAppeals, Section 3.1, is hereby amended to read as follows:

3.1 Home enterprise occupation: Home enterprise occupations shall be allowed inthe CA District by securing a special permit from the Zoning Board of Appeals of theTown of Busti, provided that:

A. Such occupation is carried on in a residential dwelling unit or abuilding designated for such occupation located on the same lot as thedwelling unit and is not more than 1500 square feet in size;

B. Such occupation is carried on by a member of the family residing in thedwelling unit;

C. Such occupation is clearly incidental and accessory or secondary to theuse of the dwelling unit for residential purposes;

D. Such occupation is carried on in accordance with the followingconditions:

(1). No exterior sign, except that placed pursuant to a permit issuedunder Section 91-804 of Town of Busti Zoning Code shall beplaced on the premises; and

(2). No exterior storage of materials and no exterior indication ofthe home occupation or profession or variation of the residentialcharacter of the building or lot shall be allowed; and

(3). Not more than two persons outside the family shall beemployed in a home occupation; and

(4). No offensive odor, noise, vibration, smoke, dust, heat or glareshall be produced; and

(5). Off-street parking sufficient to serve all persons availingthemselves of the home occupation shall be provided by theapplicant; and

(6). The home enterprise occupation shall be carried on a lot notless than two acres in size and having a minimum lot width of atleast 250 feet;

E. The Zoning Board of Appeals may require, when requested by propertyowners owning property or persons residing within 1000 feet of the lotupon which the home enterprise occupation is to be carried on, that avisual barrier or landscaped screen be provided and maintained. Thisscreen may be composed of plants and trees arranged to provide either alow-level or a high-level screen, or both. The high-level screen shallconsist of trees planted with specimens no shorter than six foot andplanted at intervals of not more than ten feet. The low-level screen shallconsist of shrubs or hedges planted at an interval height of not less thantwo feet and spaced at intervals of not more than five feet. All plants notsurviving 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 amendArticle 91 of the Busti Town code, said article being entitled "Town of Busti ZoningCode."

ARTICLE 2: Purpose. The purpose of this local law is to amend the Town ofBusti Zoning code, adopted by the Town Board of the Town of Busti, as Local Law No. 2for the year 1983 and thereafter amended to insure a more efficient administration ofplanning and zoning in the Town of Busti.

ARTICLE 3: Amendment. The Town of Busti Zoning Code, adopted by theTown Board of the Town of Busti, as Local Law No. 2 for the year 1983, and thereafteramended and known as Article 91 of the Town Code of the Town of Busti, is herebyamended as follows:

(a). To Section 91-302. Zoning district Boundaries, Subparagraph (7) is addedParagraph (i) which shall provide as follows: Commencing at a point at the intersectionof the center line of NYS Route 394 and the Big Tree Road; running thence southerly 261feet along the center line of Big Tree Road to a point; running thence easterly parallel toNYS Route 394, 300 feet to a point; running thence southerly and at all times 300 feetdistant from the center line of Big Tree Road to the northern boundary of the NorthernConrail Railroad property line; running thence along the Northern Conrail Railroadproperty line to a point where it intersects with the westerly boundary of the Village ofLakewood; running thence northerly along the westerly boundary of the Village ofLakewood to a point in the center line of NYS Route 394; running thence westerly alongthe centerline of NYS Route 394 to the place of beginning.

(b). To section 91-302. Zoning District Boundaries, Subparagraph (5) is addedthe following: Excepting property commencing at a point at the intersection of the centerline of NYS Route 394 and the Big Tree Road; running thence southerly 261 feet alongthe center line of Big Tree Road to a point; running thence easterly parallel to NYS Route394, 300 feet to a point; running thence southerly and at all times 300 feet distant fromthe center line of Big Tree Road to the northern boundary of the northern Conrailproperty line; running thence along the northern Conrail Railroad property line to a pointwhere it intersects with the westerly boundary of the Village of Lakewood; runningthence northerly along the westerly boundary of the Village of Lakewood to a point in thecenterline of NYS Route 394; running thence westerly along the centerline of NYS Route394 to the place of beginning.

ARTICLE 4: Effective Date. This Local law shall take effect immediately uponthe filing with the Secretary of State.

7/12/93


1998 AMENDMENT TO ZONING LAW

BE IT ENACTED by the Town Board of the Town of Busti as follows: TheZoning Code of the Town of Busti as heretofore enacted is hereby amended to provide asfollows:

1. Section 91-202 entitled definitions is hereby amended as follows:

A. The following definitions are hereby inserted into the Zoning Code inalphabetical sequence:

1. Communication Tower - any structure designed to be used for the support of anydevice 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 leveltransformers, compressors, stations, pumps or other facilities utilized in the transmissionof electricity, natural gas, water, or sewage.

B. The following definitions are hereby amended:

1. Essential Services - the erection, construction, alteration or maintenance by publicutilities, municipal or other governmental agencies, or gas, electrical, steam, water,sewage and purveyors of communication systems and facilities serving customers in theTown of Busti outside of the Village of Lakewood, but not including communicationtowers or utility distribution facilities. Railroad trackage facilities and bus shelters areconsidered 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: Permitteduses subject to securing use permits from the Zoning Board of Appeals: Camps, gamefarms, fish hatcheries and fishing reserves, and dog kennels.

3. The first sentence of Subsection 3 of Section 91-430. CAMP - Agricultural MobileHome Park District is amended to read as follows: Permit uses subject to securing aspecial use permit from the Zoning Board of Appeals: Camps, game farms, fishhatcheries and fishing reserves, dog kennels; radio and television studios.Communications towers, utility distribution facilities and junkyards shall be permitted inthat portion of the CAMP district bounded as follows: west by Town of Harmony; southby Commonwealth of Pennsylvania; east by Wellman Road; north by Kortwright Road.

4. The first sentence of Subsection 3 of Section 91-440. SR - Single FamilyResidential District is hereby amended to read as follows: Permitted uses subject tosecuring special use permits from the Zoning Board of Appeals: Customary homeoccupations.

5. The first sentence of Subsection 3 of Section 91-450. MR - Multi-FamilyResidential District is hereby amended to read as follows: Permitted uses subject tosecuring special use permits from the Zoning Board of Appeals: Camps, game farms, fishhatcheries 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 CommercialDistrict is hereby amended to read as follows: Permitted uses subject to securingspecial use permits from the Zoning Board of Appeals: Camps, game farms, fishhatcheries and fishing reserves, dog kennels and indoor and outdoor recreationalfacilities.

7. The first sentence of Subsection 3 of Section 91-465. GC - Gateway CommercialDistrict is hereby amended to read as follows: Permitted uses subject to securingspecial use permits from the Zoning Board of Appeals: Camps, aquaculture, agriculturalgame farms, fish hatcheries and fishing reserves, dog kennels and indoor and outdoorrecreational facilities.

8. The first sentence of Subsection 3 of Section 91-470. HC - Highway CommercialDistrict is hereby amended to read as follows: Permitted uses subject to securingspecial use permits from the Zoning Board of Appeals: Camps, game farms, fishhatcheries and fishing reserves and dog kennels.

9. The first section of Subsection 3 of Section 91-480. I - Industrial District is herebyamended to read as follows: Permitted uses subject to securing a special use permitfrom the Board of Appeals: Radio and television studios, communication towers andutility distribution facilities.

10. Subsection 7 of Section 91-602-Special Use Permits from the Zoning Board ofAppeals is amended to read as follows:

COMMUNICATION TOWERS:

A. Purpose: The purpose of this section is to promote the health, safetyand general welfare of the residents of the Town of Busti; to provide standards for thesafe provision of communications consistent with applicable Federal and Stateregulations; to minimize the total number of communication towers in the community byencouraging shared use of existing and future towers, and the use of existing tall buildingand other high structures; and to minimize adverse visual effects from communicationtowers by requiring careful siting, visual impact assessment, and appropriate landscaping

thereby protecting the natural features and aesthetic character of the Town of Busti withspecial attention to the scenic value of the Chautauqua Lake.

B. Application of Special Use Regulation:

(1) No Communication tower, except those approved prior to theeffective date of this section, shall be used unless in conformitywith these regulations. No communication tower shall hereafter beerected, moved, reconstructed, changed or altered unless inconformity with these regulations. No existing structure shall bemodified to serve as a communication tower unless in conformitywith these regulations.

(2) Applicants proposing to co-locate on a previously approvedcommunication tower do not require a special permit. They are,however, subject to Site Plan Review in accordance withSubsection H. The zoning Board of Appeals (the Board) mayrequire 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 thefollowing districts: CAMP (As described in Section 91-430,subsection 3) and I. Communication Towers shall be specificallyexcluded from all other districts.

C. Shared Use of Existing Tall Structures: At all times, the shared useof 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 ofnew towers.

(1) An applicant proposing to share use of an existing tall structureshall be required to submit:

(a) a completed application for special permit,

(b) documentation of intent from the owner of the existingfacility to allow shared use.

(c) a site plan. The site plan shall show all existing andproposed structures and improvements including antennae,roads, buildings, guy wires and anchors, parking andlandscaping, and shall include grading plans for the newfacilities and roads. Any methods used to conceal themodification of the existing facility, shall be indicated onthe site plan.

(d) an engineer's report certifying that the proposed shareduse will not diminish the structure, and explaining whatmodifications, if any, will be required in order to certify theabove.

(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 tallstructure submits complete and satisfactory documentation inaccordance with subsection C(1) above, and if modificationsindicated according to subsection C(1) are deemed insignificant bythe Board, after the Board conducts a hearing and complies with allSEQRA provisions, the board shall grant a special permit withoutfurther review under this section. If the board determines that anymodifications indicated according to subsection C(1) aresignificant, it may require further review according to subsectionsH through P below.

D. New Communication Tower: The Board may consider a newcommunication tower when the applicant demonstrates that shared use of existing tallstructures and existing or approved towers impractical. An applicant shall be required topresent an adequate report inventorying all existing tall structures and existing orapproved towers within a reasonable distance of the proposed site. This distance shall bedetermined by the Board in consultation with the applicant. The report shall outlineopportunities 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 ofeach as documentation of the physical, technical and/or financial reasons why sharedusage is not practical in each case. Written requests and responses for shared use shall beprovided.

E. Shared Usage of an Existing Tower Site for the Placement of NewTower: Where shared use of existing tall structures, and existing or approved towers, isfound to be impractical, the applicant shall investigate shared usage of an existing towersite for its ability to accommodate new tower and accessory uses. Documentation andconditions shall be in accordance with subsection D above. Any proposals for a newcommunication tower on an existing tower site shall be subject to the requirements ofsubsections G through Q below.

F. New Tower at New Location: The Board may consider a newcommunications tower on a site not previously developed with an existing tower whenthe applicant demonstrates that shared use of existing tall structures, and existing orapproved 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. Anyproposal for a new communication tower shall also be subject to the requirements ofsubsections G through P below.

G. New Towers: Future Shared Use: The applicant shall design aproposed new communications tower to accommodate future demand for reception andtransmitting facilities. The applicant shall submit to the Board a letter of intentcommitting the owner of the proposed new tower, and his/her successors in interest, tonegotiate in good faith for shared use of the proposed tower by other communicationsproviders in the future. This letter shall be filed with the zoning officer prior to issuanceof a building permit. The letter shall commit the new tower owner and his/her successorin interest to:

(1) Respond within 90 days to a request for information from apotential shared-use applicant.

(2) Negotiate in good faith concerning future requests for shareduse of the new tower by other communications providers.

(3) Allow shared use of the new tower if another communicationsprovider agrees in writing to pay reasonable charges. The chargemay include but is not limited to a pro-share of the cost of siteselection, planning, project administration, land costs, site design,construction and maintenance financing, return on equity, anddepreciation, and all of the costs of adapting the tower orequipment to accommodate shared use without causingelectromagnetic interference.

H. Site Plan Review: Submission Requirements: The applicant shallsubmit the following:

(1) An applicant shall be required to submit a site plan which shallshow all existing and proposed structures including lighting andimprovements including roads, buildings, tower(s), guy wires andanchors, antennae, parking and landscaping, and shall includegrading plans for new facilities and roads.

(2) Supporting Documentation - The applicant shall submit acomplete short EAF, a complete Visual Assessment Form (visualEAF addendum), and documentation on the proposed intent andcapacity of use as well as a justification for the height of any towerand justification for any clearing required. The applicant shall alsosubmit a copy of its FCC license.

I. Lot Size and Setbacks: All proposed communication tower accessorystructures 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 debrisfrom tower failure and preserve the privacy of any adjoining residential properties.

(l) Lot size of parcels containing a tower shall be determined bythe amount of land required to meet the setback requirements. Ifthe land is to be leased the entire area required shall be leased froma single parcel unless the Board determines that this provision maybe waived.

(2) Communication Towers shall comply with all existing setbackrequirements of the underlying zoning district, or shall be locatedwith a minimum setback from any property line equal to at leastfive hundred (500) feet or thirty percent (30%) of the height of thetower, whichever is greater. Accessory buildings shall comply withminimum setback requirements in the underlying zoning district.

J. Visual Impact Assessment: The Board may require the applicant toundertake a visual impact assessment which may include:

(1) A Zone of Visibility Map shall be provided in order todetermine locations where the tower may be seen.

(2) Pictorial representations of before and after view from any keyviewpoints both inside and outside of the town including but notlimited to: state highways and other major roads, state and localparks, Chautauqua Lake, other public lands, preserves and historicsites normally open to the public, and from any other locationwhere the site is visible to a large number of visitors or travelers.The Board shall determine the key sites at a presubmissionconference 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 newtowers, including lattice and single pole structures. The design of a proposed new towershall comply with the following:

(1) Any new tower shall be designed to accommodate futureshared use by other communication providers.

(2) Unless specifically required by other regulations, a tower shallhave a finish that minimizes its degree of visual impact.

(3) The maximum height of any new tower shall not exceed thatwhich shall permit operation with only that artificial lighting

prescribed by state and/or federal law and/or regulation. The Boardat its discretion may modify this requirement if the applicant canjustify the need to exceed this height limitation.

(4) No lighting shall be permitted unless required by the FederalAviation Administration. If tower lighting is necessary, theapplicant shall fully disclose to the Board all lighting options. Onlythe minimal amount of tower lighting necessary to meet state,and/or federal laws and/or regulations shall be authorized. Lightpollution or light spill over to the nearby and distant propertiesshall be minimized to the greatest degree possible by use ofshielding. The Board shall upon review approve only the lightingscheme that it determines to be least obtrusive to the affectiveproperties.

(5) The Board may request a review of the application by aqualified engineer in order to evaluate the need for and the designof any new tower.

(6) Accessory buildings shall maximize the use of buildingmaterials, colors and textures designed to blend with the naturalsurroundings.

(7) A sign shall be conspicuously placed near the base of a towerand it shall generally state that danger exists and no access ispermitted. No portion of any tower or accessory building shall beused for a sign other than as stated or for any other advertisingpurpose, including but not limited to: company name, phonenumbers, banners, and streamers.

L. Existing Vegetation: Existing on-site vegetation shall be preserved tothe 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 approvalof the special permit.

M. Screening: Deciduous or evergreen trees planting may be required toscreen portions of the tower and accessory buildings from nearby residential property aswell as from public sites known to include important views or vistas. Where a site abuts aresidential 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 shallclosely follow natural contours to assure minimal visual disturbance and reduce soilerosion potential.

O. Parking: Parking shall be provided to assure adequate emergency andservice access. The board shall determine the number of required spaces based upon arecommendation from the applicant. Two parking spaces shall be located in any requiredyard.

P. Fencing: The tower and any accessory building shall be adequatelyenclosed by a fence, design of which shall be approved by the Board. This requirementmay be waived by the Board if the applicant demonstrates that such measures areunnecessary to ensure the security of the facility.

Q. Inspections and Removal: Periodic inspections of all towers shall berequired every five years. Inspections shall be conducted by a licensed engineer. Basedon the results of an inspection, repair or removal of a tower may be required. Towerowners shall remove all towers and accessory buildings that are unused for a twelvemonth period. Tower owners shall notify the building inspector of such nonuse. Removalshall be within six (6) months of written notification to the Town or written 90 days ofnotification from the Town. Owners may request a special use permit hearing to requestan extension of time for removal for just cause. Failure to notify and/or remove an unusedtower in accordance with these regulations shall be a violation of this Chapter and shallbe punishable according to Article XIV of this Chapter.

11. Section 8 of Section 91-102. Special Use Permits from the Zoning Board ofAppeals: is amended to read as follows:

Utility Distribution Facilities: Utility distribution facilities, including electricaldistribution substations, compressor stations, and other public utility structures shall beallowed in the CAMP & I Districts by securing a special use permit form the ZoningBoard 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 ofthe residents of the Town of Busti; to provide standards for the sate provision of utilitydistribution facilities consistent with applicable Federal and State regulations; tominimize the total number of utility distribution facilities in the community byencouraging use of such facilities) and to minimize adverse visual, sound and odor effectsfrom utility distribution facilities by requiring careful siting, visual impact assessment,and appropriate landscaping thereby protecting the natural features and aestheticcharacter of the Town of Busti with special attention to the scenic value of theChautauqua Lake.

B. Application of Special Use Regulation:

(1) Utility Distribution Facilities, except those approved prior to theeffective date of this section, may continue to be used unless in conformitywith these regulations. No utility distribution facility shall hereafter be

erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be e modified to serve as autility distribution facility unless in conformity with these regulations.

(2) Applicants proposing to co-locate on a previously approved utilitydistribution facility do not require a special permit. They are, however,subject to Site Plan Review in accordance with Subsection H. The ZoningBoard of Appeals (the Board) may require the applicant to submit any ofthe items under Subsection C(1) below as part of the Site Plan ReviewProcess.

(3) These regulations shall apply to all property within the followingdistricts: CAMP and I Districts Utility distribution facilities shall bespecifically excluded from all other districts.

C. Shared Use of Existing Tall Structures:

At all times, the shared use of existing utility distribution facilities shall bepreferred to the construction of new towers.

(1) An applicant proposing to share use of a utility distribution facilitiesshall be required to submit:

(a) a completed application for a special permit

(b) documentation of intent from the owner of the existing facilityto allow shared use.

(c) a site plan. The site plan shall show all existing and proposedstructures and improvements including antennae, roads, buildings,guy wires and anchors, parking and landscaping, and shall includegrading plans for the new facilities and roads. Any methods used toconceal the modification of the existing facility shall be indicatedon the site plan.

(d) an engineer's report certifying that the proposed shared use willnot 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 fromthe facility.

(2) If an applicant proposing to share use of an existing utility distributionfacility submits complete and satisfactory documentation in accordance

with subsection C(1)above, and if modifications indicated according tosubsection C(1) are deemed insignificant by the Board, after the Boardconducts a hearing and complies with all SEQRA provisions, the boardshall grant a special permit without further review under this section. If theboard determines that any modifications indicated according to subsectionC(1) are significant, it may require further review according to subsectionsH through Q below.

D. New Utility Distribution Facilities:

The Board may consider new utility distribution facilities when the applicantdemonstrates that shared use of existing facilities is impractical. An applicant shall berequired to present an adequate report inventorying all existing utility distributionfacilities within a reasonable distance of the proposed site. This distance shall bedetermined by the Board in consultation with the applicant. The report shall outlineopportunities 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 ofeach as documentation of the physical, technical and/or financial reasons why sharedusage is not practical in each case. Written requests and responses for shared use shall beprovided.

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 previouslydeveloped with an existing utility distribution facility when the applicant demonstratesthat shared use of existing facilities is impractical, and submits a report as described insubsection D above; and when the Board determines that shared use of an existing utilitydistribution facility is undesirable based upon the applicant's investigation in accordancewith subsection E. Any proposal for a new utility distribution facility shall also be subjectto 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 toaccommodate future demand for transmission for such facility. The applicant shall submitto the Board a letter of intent committing the owner of the proposed utility distributionfacility and his/her/its successors in interest, to negotiate in good faith for shared use ofthe proposed utility distribution facility by other utility providers in the future. This lettershall be filed with the Zoning Officer prior to issuance of a building permit. The lettershall 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 potentialshared-use applicant.

(2) Negotiate in good faith concerning future requests for shared use of thenew tower by other utility providers.

(3) Allow shared use of the new utility distribution facility if anotherutility provider agrees in writing to pay reasonable charges. The chargemay include but is not limited to a pro rata-shares of the cost of siteselection, planning, project administration, land costs, site design,construction and maintenance financing, return on equity, anddepreciation, and all of the costs of adapting the utility distributionfacilities 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 showall existing and proposed structures including lighting and improvementsincluding roads, buildings, tower(s), guy wires and anchors, antennae,parking and landscaping, and shall include grading plans for new facilitiesand roads.

(2) The plan shall injure that the utility distribution facilities shall be in acompletely enclosed structure which conforms in character andappearance to other buildings, located within 1500 feet of the proposedstructure.

(3) The facility plan shall show that the facility shall be located at least500 feet from any property boundary line and at least 750 feet from anycurrent 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 completeshort EAF, a complete Visual Assessment Form (visual EAF addendum),Noise Assessment form (noise EAF addendum) and documentation on theproposed intent and capacity of use as well as a justification for the heightof any utility distribution facilities and justification for any clearingrequired.

I. Lot Size and Setbacks:

All proposed utility distribution facilities accessory structures shall be located ona single parcel and shall be setback from abutting parcels and street lines a distancesufficient to substantially preserve the privacy of any adjoining residential properties.

(1) Lot size of parcels containing a utility distribution facilities shall bedetermined by the amount of land required to meet the setbackrequirements. If the land is to be leased, the entire area required shall beleased from a single parcel unless the Board determines that this provisionmay be waived.

(2) Utility Distribution Facilities shall be located with a minimum setbackfrom any property line equal to at least five hundred (500) feet and sevenhundred fifty (750) feet from any existing structure. Accessory buildingsshall comply with minimum setback requirements in the underlyingzoning district.

J. Visual/Noise/Odor Impact Assessments:

The Board may require the applicant to undertake visual and noise impactassessments which may include:

(1) A Zone of Visibility Map and/or Zone of Noise Penetration and/orZone of Odor Penetration Map shall be provided in order to determinewhere the facility may be seen and what noise or odor will be emanatingfrom it.

(2) Pictorial representations of before and after view from any keyviewpoints both inside and outside of the town including but not limitedto: state highways and other major roads, state and local parks,Chautauqua Lake, other public lands, preserves and historic sites normallyopen to the public, and from any other location where the site is visible toa large number of visitors or travelers. The Board shall determine the keysites at a presubmission conference with the applicant.

(3) Assessment of the alternative tower designs and color schemes, asdescribed in subsection K below.

(4) Engineering studies showing likely noise impacts upon propertieswithin a 2000 radius of the facility as well as alternate designs to reduce oreliminate the transmission of noise to areas outside the walls of the utilitydistribution 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 toaccommodate future shared use by other utility providers.

(2) Unless specifically required by other regulations, a utility distributionfacility shall have a finish that minimizes its degree of visual impact.

(3) The maximum height of any new utility distribution facility shall notexceed that which shall permit operation without artificial lighting of anykind or nature except as required by state, and/or federal law and/orregulation. The Board and its discretion may modify this requirement ifthe applicant can justify the need to exceed this height limitation.

(4) No Lighting shall be permitted unless required by the State or FederalLaw. If facility lighting is necessary, the applicant shall fully disclose tothe Board all lighting options. Only the minimal amount of lightingnecessary to meet state, and/or federal laws and/or regulations shall beauthorized. Light pollution or light spillover to the nearby and distantproperties shall be minimized to the greatest degree possible by use ofshielding. The Board shall upon review approve only the lighting schemethat it determines to be least obtrusive to the affective properties.

(5) The Board may request a review of the application by a qualifiedengineer in order to evaluate the need for, and the design of any newutility 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 utilitydistribution facility and it shall generally state that danger exists and thatno access is permitted. No portion of any utility distribution facility oraccessory building shall be used for a sign other than as stated or for anyother 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 alevel of no more than 45 d.b.a. for more than 30 minutes in a 24 hourperiod. The applicant shall fully disclose to the Board all noise options.Only the minimal amount of noise necessary shall be authorized. Noisepollution to nearby and distant properties shall be minimized to thegreatest degree possible by use of shielding, burying or noise makingdevices, insulation, buildings and the use of technology. The Board shallupon review approve only the noise levels and scheme that it determinesto be least obtrusive to the affected properties.

(9) No odor shall be permitted to extend beyond the premises. Theapplicant shall fully disclose to the Board all potential odor problems.Odor pollution to the nearby and distant properties shall be prohibited bythe use of appropriate devices. The Board shall upon review approve onlythe odor levels and schemes that it determines to be least likely to allowodors to extend to adjacent or distant properties.

L. Existing Vegetation:

Existing on-site vegetation shall be preserved to the maximum extent possible. Nocutting of trees exceeding (4) inches in diameter (measured at a height four (4) feet offthe 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 plantingmay be required to screen portions of the facility and accessory buildings from nearbyresidential property as well as from public sites known to include important views orvistas. 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 ofexisting roads, public or private shall be made. Road grades shall closely follow naturalcontours to assure minimal visual disturbance and reduce soil erosion potential.

O. Parking. Parking shall be provided to assure adequate emergency and serviceaccess. The board shall determine the number of required spaces based upon arecommendation from the applicant. Two parking spaces shall be located in any requiredyard.

P. Fencing:

The facility shall be adequately enclosed by a fence, the design of which shall beapproved by the Board. This requirement may be waived by the Board if the applicantdemonstrates 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. Inspectionsshall be conducted by a licensed engineer at the owner's expense. Based on the results ofan inspection, repair or removal of a facility may be required. Utility distribution facilityowners shall remove all facilities and accessory buildings that are unused for a twelvemonth period. Utility Distribution Facility owners shall notify the building inspector ofsuch 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 permithearing to request an extension of time for removal for just cause. Failure to notify and/orremove an unused utility distribution facility in accordance with these regulations shall bea violation of this Chapter and shall be punishable according to Article XIV of thisChapter.

12. The first sentence of Subparagraph 2 of Section 91-302. ZONING DISTRICTBOUNDARIES 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 westto east across the Town of Busti as follows: Commencing at a point in the westerly townboundary 500 feet southerly of the centerline of Demmings Road; running thenceeasterly, parallel with Demmings Road, but 500 feet from the centerline thereof, to apoint in the centerline of Wellman Road which point is 500 feet from the intersection ofthe centerline of Wellman Road with the centerline of Demmings Road; running thencesoutherly along the centerline of Wellman Road to a point which is located 500 feet etsoutherly 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 fromthe centerline thereof to a point in the centerline of Southwestern Drive located 500 feetsoutherly from the intersection of the centerlines of Cowing Road and SouthwesternDrive; running thence southerly to a point in the centerline of Southwestern Drive whichpoint is 500 feet southerly of the centerline of Trask Road; running thence easterlyparallel to the centerline of Trask Road along a line located 500 feet: therefrom to a pointwhich is also located 350 feet from the centerline of Southwestern Drive; running thencesoutherly along a line which is parallel to Southwestern Drive but located 350 feeteasterly 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 toa point located 500 feet to the south of the southerly boundary of premises belonging toNiagara Mohawk Power Corporation and utilized for the purpose of a 115 Kilovoltelectrical power transmission line; running thence easterly 500 feet southerly from thesoutherly boundary of said Niagara Mohawk Corporation to premises, but parallelthereto, to the easterly boundary of the Town of Busti.

13. Subparagraph (b) of subparagraph (10) of Section 91-302. ZONING DISTRICTBOUNDARIES is amended to read:

(b) Starting at the intersection of state Routes 394 and 474; running thence southwesterlyalong the center line of State Route 474, 500 feet to a point; running thence northwesterlyalong a line parallel to Route 394 but 500 feet therefrom to the intersection of the townboundary line with the Town of North Harmony to a point 500 feet from the centerline ofRoute 394; running thence northerly along the town boundary to the centerline of Route394, 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. DISTRICTBOUNDARIES:

(i) All that portion of the Town of Busti bounded as follows: Beginning at the point of theintersection of the center lines of Lawson Road and Busti-Sugargrove Road; runningthence easterly along the centerline of Lawson Road 750 feet to a point; running thencesoutherly parallel to the Busti-Sugargrove Road but 250 feet from the centerline thereofto a point located 250 feet from the centerline of the Lawson Road; running thencewesterly to the centerline of the Busti-Sugargrove Road; running thence along thecenterline 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 NewYork Secretary of State.