This chapter shall be known and may be cited
as the "Town of Grand Island Zoning Code."
The purpose of the Zoning Code is to provide
for the orderly growth of the Town of Grand Island. The Zoning Code
sets requirements on the use of land and size, height and bulk of
uses. Specific areas have been designated for residential, business
and industrial growth to protect the overall character of the Town,
ensure the development of cohesive neighborhoods and minimize conflicts
among land uses. Specifically, the Zoning Code is developed to:
A. Implement the Town Comprehensive Plan, Grand Island
Local Waterfront Revitalization Plan (LWRP), and the Ferry Village
Master Plan.
B. Promote the health, safety and general welfare of
the general public and provide safety from fire, flood and other dangers.
C. Provide adequate light, air and outdoor uses to include
public, common and private open space areas.
D. Prevent overcrowding of land and ensure structure
and land use arrangements are aesthetically harmonious to surrounding
areas and structures.
E. Avoid undue concentration of population or sparse,
uncoordinated development.
F. Facilitate the adequate provision of transportation,
water, sewer, school, parks and other public services.
G. Protect the character and values of residential, institutional,
public, business and industrial uses and to ensure their orderly and
beneficial development.
H. Regulate the location of buildings and intensity of
uses in relation to streets to ensure minimal interference with and
by traffic movements, reduce congestion on Town streets and improve
public safety.
I. Preserve and protect significant natural features
and vegetation, thereby preventing ecological damage and visual blight
which occur when those features or vegetation are eliminated or substantially
altered to serve development purposes only.
This Zoning Code shall take effect on July 19,
2004, the effective date of official adoption by the Town Board. The
code shall apply on its effective date to all uses that have not commenced
and structures that have not been constructed regardless of the status
of permits or certificates of occupancy issued pursuant to the New
York State Uniform Fire Prevention and Building Code.
Any variance or special use permit lawfully
issued prior to the effective date of this code, or any amendment
thereof, which could be lawfully issued pursuant to the provisions
in effect after such effective date shall be deemed to be valid and
continue valid after such effective date. Any structure or use lawfully
authorized by any such variance or special use permit which could
not be so issued after such effective date shall be allowed to continue
subject to the provisions of this code dealing with legally existing
nonconformities.
No approving authority shall issue a permit
or other approval to any person where violations of the Town Code
exist on the property, regardless of whether the violations are related
to the approval requested. The Board may condition approval upon remedying
the violations, but no final approval shall be issued until all such
violations are cured. Notwithstanding this provision, issuance of
any permit or approval even though violations exist, whether or not
such violations are known or should have been known to the Town, shall
not have an estoppel effect, or in any manner be considered as approval
of the violating conditions or waiver of any of the Town's rights
to take any action to cure such violations.