Busti Town City Zoning Code
ARTICLE VI
Specific District Regulations
§ 405-601 Hamlet District.
A.
Uses permitted by right:
(1)
Agriculture, limited, on lots less than five acres.
(2)
Agriculture, unlimited, on lots that are five acres or greater.
(3)
Single-family, excluding mobile homes.
(4)
Two-family dwelling.
(5)
Municipal parks, playgrounds, and recreation areas.
(6)
Public buildings, libraries, and museums.
(7)
Churches and similar places of worship.
(8)
Cemetery.
(9)
Horticulture, private.
(10)
Storage structure (120 square feet or less).
(11)
Swimming pool, private.
(12)
Retail stores.
(a)
Retail stores limited to the sale of:
[1]
Antiques.
[2]
Art objects.
[3]
Art and crafts.
[4]
Books and stationery.
[5]
Clothing.
[6]
Decorative accessories and gifts.
[7]
Candy.
[8]
Baked goods.
[9]
Tobacco.
[10]
Flowers.
[11]
Roadside stand, products of area/products grown on property.
(b)
Retail stores similar in character to the foregoing as may be determined by applications to the Planning Board.
(c)
For the purpose of this subsection, the following are declared dissimilar and are specifically prohibited:
[1]
Shopping centers.
[2]
New construction and/or renovation with more than 2,500 square feet of first floor area (building "footprint").
(13)
Specialized service shops.
(a)
Specialized service shops limited to:
[1]
Barber shops.
[2]
Beauty shops.
[3]
Cabinet maker.
[4]
Tailor/dressmaker.
[5]
Photographer.
[6]
Computer repair.
[7]
Massage therapy.
[8]
Artist studio.
(b)
Specialized services similar in character to the foregoing may be determined by applications to the Planning Board.
(14)
Professional offices.
(a)
Professional offices limited to:
[1]
Accountant.
[2]
Law.
[3]
Real estate.
[4]
Financial planning.
[5]
Engineering.
(b)
Professional offices similar in character to the foregoing may be determined by applications to the Planning Board.
(15)
Minor home occupations.
(16)
Pond.
(17)
Outdoor storage.
B.
Uses by special use permit:
(1)
Bar.
(2)
Bed-and-breakfast.
(3)
Brew pub/micro brewery.
(4)
Building contractor shop.
(5)
Day-care center.
(6)
Farmers market.
(7)
Home occupation, major.
(8)
Restaurant.
(9)
Schools for music/dance/reading and similar subjects.
(10)
Signs in accordance with supplemental § 405-502.
(11)
Banks.
C.
Uses by special use permit and site plan review:
(1)
Home business.
(2)
Ambulance service.
(3)
Animal hospital.
(4)
Appliance store.
(5)
Auction business, on one acre or larger.
(6)
Automobile accessory/parts store.
(7)
Automobile sales, on one acre or larger.
(8)
Automobile service center.
(9)
Auto body repair, on one acre or larger.
(10)
Building material store, on one acre or larger.
(11)
Car wash.
(12)
Drugstore.
(13)
Feed and seed shop, on one acre or larger.
(14)
Fraternal facility/club.
(15)
Furniture.
(16)
Hardware store.
(17)
Machine shop.
(18)
Medical and dental offices.
(19)
Monument sales.
(20)
Nursery greenhouse.
(21)
Solar energy system.
(22)
Trailer sales, on one acre or larger.
D.
Permitted accessory uses:
(1)
Accessory structures or uses, including detached private garage, garden house, tool house, private greenhouse or similar customary residential uses.
(2)
Uses that are an integral part of and used solely by a permitted use and deemed appropriate by the Planning Board.
E.
Use limitations:
(1)
No structure originally designed for residential use shall be altered or converted in whole or in part to a nonresidential use permitted under this section prior to review and approval of plans by the Planning Board.
(2)
Residential and nonresidential uses may be combined in a structure, but no structure shall house more than two nonresidential uses in addition to residential units.
(3)
To the extent practicable, all principal and accessory uses shall be conducted within completely enclosed structures.
(4)
No business establishment shall be open to the public, except during the hours of 6:00 a.m. to 11:00 p.m.
(5)
Minor home occupations shall conform to the requirements that differentiate them from major home occupations as described within this chapter.
F.
Planning Board review. In any review of plans pursuant to Subsections B, C, D, E and F of this section, the Planning Board shall consider the style and scale of the structure, its dominant architectural features, such as roof pitch and outline, porches, number and style of windows and door openings, and the color and texture of building materials. The Planning Board shall require such plans and specifications, details of construction and samples of materials, as it may deem necessary. Approval of plans shall be given only after the Planning Board has determined that the proposed construction, alteration, or change will retain, to the maximum extent practicable, the scale and style and treatment of residential structures within the district. As part of this process, the Planning Board may require the modification of any and all preexisting uses and improvements (structures, signs, parking areas, landscaping) that have become or are liable to be inconsistent with hamlet development objectives. The basis for decisions of the Planning Board under this section shall be documented in any resolutions passed by the Planning Board and reflected in the meeting minutes.
G.
Lot limitations.
(1)
Minimum lot size:
(a)
Fifteen thousand square feet with public water and/or sewer unless otherwise designated for a specific use.
(b)
Forty thousand square feet without public water or sewer.
(c)
Minimum lot width: 100 feet.
(d)
Maximum lot coverage: 35%.
(e)
Minimum front yard: 50 feet.
* Minimum front yard setback calculation and exceptions. Minimum front yard depth shall be 50 feet; however, if improved lots are on both sides of and contiguous to the lot in question, the minimum required front yard setback of such lot shall be the average of that of the two improved lots within 15%.
(f)
Rear yard: 30 feet.
(g)
Side yard: 10 feet.
(h)
Height: 2 1/2 stories or 35 feet.
(i)
Off-street parking: See supplemental section.[1]
[1]
Editor's Note: See Art. V of this chapter.
(2)
Notwithstanding any provisions contained in this chapter to the contrary, the Planning Board shall have the power to modify applicable provisions of this section for the purpose of enabling and encouraging flexibility of design and development of land in such a manner as to promote the most appropriate use of land.
(3)
As a guideline, new structures should be erected having no more than 2,500 square feet of first floor area (building "footprint"). Notwithstanding the foregoing language, this guideline shall be flexible, and the Planning Board, in its discretion, shall have the power to modify the square footage to ensure that new development and/or renovations are properly scaled to the site, the adjacent properties and to other properties within the hamlet.
§ 405-602 Lakeshore Residential District.
Note: Uses marked with an asterisk (*) are allowed by two or more types of permits (by right, special use or no permit), and the supplemental section referred to should be consulted in each case to fully understand which permit applies.
A.
Uses permitted by right:
(1)
Single-family detached residential dwellings (except mobile homes).
(2)
Two-family dwelling.
(3)
Essential services.
(4)
Home occupation, minor: in accordance with supplemental § 405-720.
(5)
Public parks.
(6)
Open porch.
B.
Uses by special use permit:
(1)
Solar energy system, in accordance with supplemental § 405-713.
(2)
Second accessory structure meeting size and setback requirements.
C.
Permitted accessory uses:
(1)
One accessory structure or use meeting the size and setback requirements described below (Subsection E).
(2)
Detached private garage meeting the size and setback requirements described below (Subsection E).
(3)
Garden house, greenhouse, tool house and similar uses for residential lots.
D.
Lot limitations:
(1)
Minimum lot area: 5,000 square feet.
(2)
Minimum lot width: 50 feet.
(3)
Maximum lot coverage: 25%.
(4)
Minimum front yard dimension:
(a)
Fifty feet from lakeshore or waterfront side.
(b)
Thirty feet from highway if highway is deemed to be front yard under these regulations.
(5)
Minimum side yard:
(a)
Nonconforming lots shall strictly adhere to a minimum five-foot side yard setback for all principal and accessory structures.
(b)
Lots conforming to the area standards of the LR District shall have a minimum side yard setback of 10 feet for all principal structures.
(c)
Lots conforming to the area standards of the LR District shall have a minimum side yard setback of five feet for all accessory structures. In no case shall an accessory structure intrude into the required setback.
(6)
Maximum building height:
(a)
One story, or 23 feet to the ridge of the roof for all principal structures on lots where the ten-foot side yard setback cannot be accommodated.
(b)
2 1/2 stories, or 30 feet to the ridge of the roof for all principal structures on lots able to meet all conforming side yard setback requirements.
(c)
One story, or 12 feet for all detached accessory structures.
(7)
Off-street parking.
(a)
One-family dwelling: two spaces required.
(8)
A storage structure as defined in § 405-1703 shall be permitted in the rear yard of a lot if it meets the rear and side yard setbacks for accessory structures as defined in § 405-1703 of this chapter. Storage structures that are located on lots in all zoning districts, except waterfront lots, shall be allowed to have a minimum side and rear yard setback of five feet. This relief shall be granted for one storage structure per lot. Storage structures on waterfront lots shall be subject to a five-foot minimum side yard and ten-foot minimum rear yard setback.
(9)
A nonconforming lot of less than 5,000 square feet in the LR Zoning District, separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Chautauqua County or by a corporation duly licensed to examine and insure title to real property in Chautauqua County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable zoning law. Such lot shall be granted relief for side and rear yard dimensions as follows:
(a)
Side yard: a minimum of five-foot setback.
(b)
Rear yard: a minimum of a thirty-foot setback.
§ 405-603 Highway Commercial District.
A.
Permitted uses shall be as follows:
(1)
Retail business establishments which are clearly of a community service character, such as but not limited to the following:
(a)
Stores selling groceries, meats, baked goods, and other such food items.
(b)
Drugstores.
(c)
Stationery, tobacco and newspaper stores, luncheonettes, and confectionery stores.
(d)
Clothing, accessory, and jewelry stores.
(e)
Restaurants and drinking places.
(f)
Automotive supply stores.
(g)
Convenience store with self-service gasoline-dispensing units.
(2)
Personal service establishments which are clearly of a community service character, such as but not limited to the following:
(a)
Barber and beauty shops.
(b)
Shoe repair shops.
(c)
Tailor shops, dry-cleaning pickup stations, and self-service laundries.
(d)
Business and professional offices, banks, and financial institutions.
(e)
Funeral homes.
(f)
Establishments servicing goods such as those permitted under Subsection A(1) of this section.
(3)
Other business uses which are determined by the Planning Board to be of similar nature, purpose and scale as those permitted above.
B.
Permitted accessory uses shall be as follows:
(1)
Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use.
(2)
Dwelling units, accessory to the principal business use, provided that said units:
(a)
Are located in the principal building.
(b)
Comply with the area and yard requirements of the HC District, except side yard requirements which shall be waived when the dwelling unit is above the first floor and the first floor is used commercially.
C.
Uses allowed with a special use permit:
(1)
Public utility uses, except maintenance and storage yards.
(2)
Sales and service of farm equipment, construction equipment, automobiles, and mobile homes.
(3)
Motor vehicle service stations, subject to the requirements of § 405-710.
D.
Bulk and area requirements shall be as required in Article IV, § 405-402, of this chapter.
E.
Parking requirements shall be as required in Article V, § 405-503, of this chapter.
F.
Use limitations:
(1)
All principal and accessory uses shall be conducted within completely enclosed structures.
(2)
Business establishments in the Highway Commercial District shall only be open to the public, during the hours of 6:00 a.m. to 11:00 p.m. This limitation does not apply to full-service all-night convenience stores, including those dispensing gasoline.
(3)
The front setback, along primary highways, shall include an area at least eight feet in depth along the highway or highways bordering the lot, which shall be suitably landscaped and maintained by the owner.
(4)
An area may be designated by the Town Board as a development area, where in their judgment or by landowner request there is a need or desire for property to be developed to prevent strip-type development, to produce more harmonious appearances and/or to promote public safety by reducing access cuts to all public highways. All development areas must have a minimum frontage on public highways of 300 feet and a minimum size of two acres. Ownership need not be in one owner, but owners of adjacent similarly zoned property may apply jointly if their aggregate holdings meet these requirements and agree to a coordinated development plan. Individual lots may be used within a development area. Adjacent property owners will be required to give mutual easements to allow vehicular traffic across their properties to permit vehicles to get to limited points of access to and from public highways. The Planning Board may modify these frontage and area restrictions if the owner can show that such modification is consistent with the intent of this section.
(a)
In a development area, the minimum width of a lot shall be 80 feet and the minimum area 8,000 square feet.
(b)
Setbacks. The minimum front setback shall be 50 feet, the minimum side setback five feet on one side and 30 feet total of both sides, and the minimum rear setback 30 feet.
(c)
Access. Access points to public highways shall be minimized and spaced no closer together than 250 feet.
G.
Planning Board review. Prior approval of a site plan by the Planning Board is required before a building permit can be issued for new construction or for modifications or additions to existing structures within the HC Highway Commercial District. The Planning Board shall consider the style and scale of the structure, its dominant architectural features, such as roof pitch and outline, porches, number and style of window and door openings, the color and texture of building materials in addition to the site plan review factors for consideration in Article IX, § 405-904. The Planning Board shall require such plans and specifications, details of construction and samples of materials as it may deem necessary.
§ 405-604 Performance and design standards for commercial and industrial uses.
Wherever commercial, manufacturing, or other non-residential uses, with the exception of agricultural activities and home occupations, are proposed, the following performance standards shall apply. The Code Enforcement Officer shall ensure these standards are met prior to issuing certificates of use for such uses and may require the applicant(s) to provide documentation of compliance.
A.
Where a commercial or manufacturing use is contiguous to an existing residential use in any district (including those situated on the opposite side of a highway), or any approved residential lot in a residential district, the permitting board may require that the minimum front, side, and rear yards be increased by up to 50%. The Board may also require, for purposes of separating incompatible activities or shielding the residence from negative impacts, that a buffer consisting of a solid fence of wood and/or a 20-foot-wide dense evergreen planting not less than six feet high be maintained, unless the properties are in the same ownership, or the full width of the yard is already wooded.
B.
All activities involving the manufacturing, production, storage, transfer, or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices shall be provided pursuant to National Fire Protection Association guidelines. Burning of waste materials in open fires is prohibited. Details of the potential hazards and planned safety and accident response actions shall be provided by the applicant. The permitting board may also require greater front, side, and rear yards, fencing and other buffers as safety measures.
C.
No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
D.
The outdoor day-night average sound level (DNL) in decibels at the property line shall not exceed 65 decibels. The Code Enforcement Officer shall determine such average sound level by taking no less than three measurements with a decibel meter, all of which shall occur within 72 hours but no less than 15 minutes apart.
E.
No vibration shall be permitted on a regular or continuing basis which is detectable without instruments at the property line.
F.
All lighting shall be designed so as to avoid unnecessary or unsafe spillover of light and glare onto operators of motor vehicles, pedestrians and land uses in proximity to the light source.
(1)
Light sources shall comply with the following standards:
Type of Light Source | Maximum Illumination Permitted at Property Line (footcandles) | Maximum Permitted Height of Light (feet) |
|---|---|---|
Globe light | 0.20 | 15 |
>90% Cutoff | 0.75 | 25 |
<90% Cutoff | 2.00 | 30 |
(2)
No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or other sources, so as to be visible at the property line on a regular or continuing basis, shall be permitted.
G.
No emission shall be permitted on a regular or continuing basis from any chimney or otherwise, of visible gray smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringelmann Chart, published by McGraw-Hill Publishing Company, Inc., and copyright 1954.
H.
No emission of fly ash, dust, fumes, vapors, gases, and other forms of air pollution shall be permitted on a regular or continuing basis which can cause any damage to health, to animals, vegetation, or other forms of property, or which can cause any excessive soiling.
I.
All activities involving the possible contamination of surface or ground water shall be provided with adequate safety devices to prevent such contamination. Details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and planned safety devices and contamination response actions shall be provided by the developer.
J.
Whenever a vehicle and equipment sales, mechanical and body repair use is proposed as a special use, or as an expansion of an existing nonconforming use, the following additional performance standards shall apply:
(1)
All mechanical and body repair work shall be performed within buildings.
(2)
All automobile or vehicle parts, new or used, shall be stored within buildings.
(3)
Whenever practicable, vehicles which are temporarily on the property awaiting to be repaired, shall be stored in an area which meets the minimum yard and buffer requirements applicable for the district and the use.
K.
All industrial uses, processing and storage shall be within fully enclosed structure. The facade of buildings and structures in industrial uses shall be compatible with adjacent development and shall be fully landscaped in accordance with the requirements therefor that are contained herein.
L.
The permitting board may require a landscape plan be prepared as part of any special use application. Such a plan may also be required whenever any non-residential and non-agricultural use is proposed in any district so as to buffer parking areas and buildings from the highway, each other and other uses. Where it is determined that a proposed special use would not have a significant impact on the natural environment, adjoining landowners or the view from a public highway, these requirements may be appropriately modified by the permitting board. The landscape plan, if required, shall specify locations of all mature shade trees or other species of 2.5-inch caliper or greater and indicate existing vegetation to be removed or preserved. It shall demonstrate how building materials, colors, and textures will be blended with the natural and man-made landscape. It shall also include visual depictions of the proposed landscape from the perspective of persons who will view the site from the highway or adjoining properties. Specific locations, varieties, sizes, winter hardiness, and schedules for all proposed plantings shall, too, be provided as part of the plan. The permitting board, in reviewing a landscape plan, may employ the assistance of design professionals and shall specifically consider the following in acting upon the special use application:
(1)
The plan should promote attractive development, preserve existing vegetation to the maximum extent possible, enhance the appearance of the property and complement the character of the surrounding area.
(2)
The plan should use landscaping to delineate or define vehicular and pedestrian ways and open space.
(3)
The plant material selected should be of complementary character to buildings, structures, and native plant species. It should be of sufficient size and quality to accomplish its intended purposes. All ornamental and shade trees should have a minimum caliper of 2.5 inches measured four feet above the ground and a minimum height of six feet. All shrubs should be a minimum of two feet in height excepting for ground cover species used as part of an overall plan including other shrubs and trees.
(4)
The plan should effectively buffer the activity from adjoining land uses as may be necessary and soften the impact of other site development as contrasted with the natural environment.
(5)
The plan should be realistic in terms of maintenance and use materials that, as a minimum, are winter hardy to Zone 5.