A.
Interpretation. In interpreting and applying the provisions
of this code, its provisions shall be held to be the minimum requirements
for the promotion of public health, safety, convenience, comfort,
prosperity and general welfare. Except as specifically provided, it
is not intended by the adoption of this code to repeal, abrogate or
annul any existing provisions of any law previously adopted relating
to the use of structures and land and the design, erection, alteration
or maintenance of structures.
B.
Existing restrictions. The provisions of this code
shall not annul, or in any way interfere with, existing deed or plat
restrictions, easements or other agreements between persons, codes,
laws, rules, regulations or permits previously adopted or issued,
except those codes or sections which are contrary to, or in conflict
with, this Zoning Code. Wherever this Zoning Code imposes greater
restrictions upon the use of structures or land, the height or bulk
of buildings or requires larger land or building areas, yards or other
open spaces than are otherwise required or imposed by deed or plat
restrictions or laws, this code shall control; other regulations shall
control where they impose greater restrictions than this code and
for that purpose, the code shall not annul, modify or impair the provisions
of any existing deed or plat restrictions, easements or other agreements.
C.
Prohibited uses. Any use not specifically listed as
an approved as-of-right or specifically permitted use is not allowed
in the Town of Grand Island.
D.
Zoning district boundaries. Where uncertainty exists
with respect to the boundaries of the various districts, as shown
on the Zoning Map,[1] the following rules shall apply:
(1)
Where the designation on the Zoning Map indicates
a boundary which is a street or public right-of-way, the center line
of the road shall be construed to be the boundary.
(2)
Where the designation on the Zoning Map indicates
a boundary approximately upon a lot line, such lot line shall be construed
to be the boundary.
(3)
Zoning districts extend into the Niagara River on
a straight line to the boundary of the Town.
(4)
Distances shown on the Zoning Map are perpendicular
distances from road center lines measured to the district boundary,
which boundaries in all cases where distances are given are parallel
to the road center line.
[1]
Editor's Note: The Official Zoning Map is on file in the Town
offices. A copy of the Zoning Map can be viewed on the Town's website
at www.gigov.com.
E.
Requirements when abutting lot is located in more
than one district. When it is necessary to know in which zoning district
an abutting property lies in order to determine yard requirements,
and when such abutting lot is divided so that segments thereof are
located in more than one zoning district, yard requirements shall
be established as if the entire abutting lot was zoned in the district
having the greatest amount of street frontage.
F.
References. Titles and headings have been inserted
for convenience of reference and are not intended to define or limit
the scope of or otherwise affect any provision in this code.
G.
Jurisdiction. The provisions of this code shall apply
in all areas of the Town of Grand Island, including areas under water.
H.
Application to Town. Provisions of this code shall
not apply to the property and uses of the Town of Grand Island.
I.
Applications. Applications for any approval required
under this code, or amendment of this code, shall be on forms provided
by the Town. No application shall be processed unless the application
is complete, including submission of required environmental assessment
forms, and all fees paid. Applications may be made by the owner of
property, or any person having a contractual interest in the subject
property. Where the applicant is not the owner, proof of the contractual
interest or the owner's authorization shall be submitted.
J.
Notices. Notices to adjoining properties, applicants,
or other agencies required by this code shall be by first-class mail
unless otherwise stated.
A.
Except where specifically defined herein, all words
used in this Zoning Code shall carry their customary meanings.
B.
Words used in the present tense include the future,
and the plural includes the singular.
C.
The word "and" indicates that all connected items,
conditions, provisions or events shall apply.
D.
Any word "or" indicates that the connected items,
conditions, provisions or events shall apply singly or in any combination.
E.
The term "either . . . or" indicates that the connected
items, conditions, provisions or events apply singly and not in any
combination.
F.
The word "district" includes the plural "districts."
G.
The word "lot" includes "plot" or "parcel."
H.
The word "building" includes the word "structure."
Any reference to building or structure also refers to any part of
a building or structure.
I.
The word "shall" is intended to be mandatory.
J.
The word "may" is intended to be permissive.
K.
The words "occupied" or "used" shall be construed
to include the words "or intended, arranged or designed to be used
or occupied," and the words "occupancy" or "use" shall be construed
as similarly qualified.
L.
The word "person" includes "industrial," "firm," "partnership,"
"estate," "trust," "limited liability company," or "corporation."
As used in this chapter, the following terms
shall have the meanings indicated:
- ACCESSORY USE OR STRUCTURE
- A use or structure, other than a riverside accessory use
or structure or a business accessory use or structure, subordinate
to a principal use or structure on the same lot and serving a purpose
customarily incidental to the principal use or structure.[Amended 12-18-2017 by L.L. No. 5-2017]
- ADULT USES
- Whenever used in this Zoning Code, the words "adult use" or "adult uses" apply to the following types of establishments:
- A. An establishment which has as a substantial or significant portion of its stock-in-trade books, pamphlets, magazines and other periodicals, sculptures, photographs, pictures, slides, videotapes, films or sound recordings and which establishment excludes any minor by reason of age.
- B. A public or private nightclub, bar, restaurant or similar establishment which presents topless or bottomless dancers, go-go dancers, strippers, male or female impersonators, exotic dancers or other similar entertainment, and which establishment excludes any minor by reason of age.
- C. A motel which excludes minors by reason of age.
- D. A theater that customarily presents motion pictures, films, videotapes or slide shows and which excludes minors by reason of age.
- E. An establishment having as a substantial or significant portion of its stock-in-trade videotapes or films for sale or viewing on premises by use of motion-picture devices, video equipment or other means and which establishment excludes any minor by reason of age.
- F. A theater which presents material in the form of live shows, films or videotapes viewed from an enclosure for which a fee is charged and which excludes any minor by reason of age.
- G. Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or duly licensed massage therapist, or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude health clubs that have facilities for physical exercise such as tennis courts, racquetball courts or exercise rooms and which do not receive their primary source of revenue through the administration of massages.
- H. An establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body and which excludes minors by reason of age.
- I. Any establishment where, for any form of consideration or gratuity, figure models are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons other than the proprietor, paying such consideration or gratuity and which excludes any minor by reason of age. This provision shall not apply to any school of art which is operated by an individual firm, association, partnership, corporation or institution which meets the requirements established in the New York State Education Law for the issuance or conferring of and is in fact authorized to issue or confer a diploma.
- AGRICULTURAL ANIMALS
- Animals normally found on farms including horses, cattle, poultry, swine, goats, sheep, mules and donkeys, and not including domestic animals such as dogs and cats.
- AGRICULTURAL USE
- The commercial cultivation of the soil for food products or other useful or valuable growths of the field, garden or tillage. It includes necessary structures appurtenant to such use. This definition shall not include dairying or raising of livestock, fowl or other animals, which is only allowed pursuant to the rules for agricultural animals.
- APPLICANT
- A property owner or agent of a property owner who has filed
an application for a land development activity.[Added 12-17-2007 by L.L. No. 5-2007]
- ATTACHED
- The relationship of any two or more buildings or structures sharing a common wall or party wall, or joined by a covered porch, loggia or passageway.
- BED-AND-BREAKFAST
- An owner-occupied private single-family dwelling customarily
used as a residence which regularly or seasonally offers overnight
accommodations in not more than five bedrooms to not more than 10
tourists or transients, which includes one off-street parking space
(not located in the required front yard) for each bedroom.[Amended 7-7-2014 by L.L. No. 12-2014]
- BUFFER ZONE
- Strip of land used to separate one land use from another incompatible land use.
- BUILDABLE LAND
- The area of a lot that is calculated by subtracting from the gross area of the parcel the following:
- BUILDING
- A structure, designed, used, or intended to be used as a shelter of humans, animals or objects, permanently fixed to a site or hauled to a site using an external source of propulsion. Mobile homes and towers shall be buildings for purposes of this code.
- BUILDING HEIGHT or STRUCTURE HEIGHT
- The vertical distance measured from the mean level of the ground surrounding the building or structure to the highest point of the roof, but not including chimneys, spires, towers, tanks and similar projections.
- BUILDING, PRINCIPAL
- A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a "principal building" on the lot on which the same is located.
- BUILDING, NONCONFORMING
- Any building or structure not permitted in the district in which it is built. A legal nonconforming building or structure is a building or structure that was legally authorized by the codes as they existed at the time it was constructed.
- A. A use or structure in the B-1, B-2, B-3, Town Center Business (North Business District, Central Business District, and South Business District), M-1 or M-2 zoning districts, as set forth in §§ 407-64, 407-68, 407-72, 407-60, 407-82 and 407-87, subordinate to the principal use or structure on the same lot and serving a purpose customarily incidental to the principal use or structure.
- B. A use in the B-1, B-2, B-3, Town Center Business (North Business District, Central Business District, and South Business District), M-1 or M-2 zoning districts, as set forth in §§ 407-64, 407-68, 407-72, 407-60, 407-82 and 407-87, subordinate to the principal use or structure on a contiguous lot that is part of a common operational scheme that has obtained site plan approval to include both lots as part of a common operational scheme and serving a purpose customarily incidental to the principal use or structure.
[Added 12-18-2017 by L.L.
No. 5-2017]
- CAMPGROUNDS
- A facility providing access, water, sanitary, and electrical
services where persons are lodged in cabins, tents, or a lodge for
a seasonal or temporary period of time (less than 90 days) for recreational
purposes. Cabins and tents in campgrounds shall not exceed 500 square
feet. Covered trash and garbage receptacles must be provided and the
campground shall be kept free of litter, trash, and debris. No mobile
home or trailer coaches designed for permanent habitation shall be
allowed and use of the campground shall not include the storage of
vacant recreational vehicles. The design and operation of the facilities
shall not significantly decrease the quality of the environment of
the surrounding area through the imposition of large volumes of traffic
or produce levels of odor, noise, glare, light, or similar conditions
which are incompatible with the character of the area. Any lighting
fixtures used shall be so arranged as to reflect the light away from
adjoining residential lots. Site plans shall be required showing the
location of cabins or tents, and approvals may be conditioned to require
exterior visual and/or noise barriers, including but not limited to
berming, landscaping and/or fencing as may be required to protect
the health, safety and welfare of neighboring properties.[Added 5-17-2010 by L.L. No. 5-2010]
- CAMPING TRAILER PARK
- A parcel of land upon which two or more travel trailers or camping vehicles are temporarily parked and occupied.
- CEMETERY
- A graveyard or burial ground for the internment of dead persons. The term includes not only the lots for depositing the bodies of the dead, but also the avenues, walks, grounds for shrubbery and ornamental purposes and the structures appurtenant to such use.
- CHANGE
- In reference to a land use, means the replacement of an existing use with a new use, or a change in the nature of an existing use. A change of ownership, tenancy, name or management, or a change in product or service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged is not a change of use.
- CHANNEL
- A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.[Added 12-17-2007 by L.L. No. 5-2007]
- CIVIC FACILITY
- Buildings, structures and other uses owned and operated by the Town of Grand Island and regularly used for neighborhood meetings and other forms of public assembly.
- CLEARING
- Any activity that removes the vegetative surface cover.[Added 12-17-2007 by L.L. No. 5-2007]
- CLUSTER DEVELOPMENT
- A planned development of 10 or more acres in which lots are plotted which have less than the minimum lot size and setback requirements but which have access to common open space that is part of the overall development plan approved by the Town Board. Cluster developments may not have more than the maximum density of dwelling units permitted by the zoning district for the lot.
- CODE ENFORCEMENT OFFICER
- Any Town employee or agents, including Code Enforcement Officer, Building Inspector, Zoning Inspector, Town Engineer or Plumbing Inspector, or their deputies, designated by resolution of the Town Board to administer and enforce the various building and use codes adopted by the Town.
- COMMON AREA
- The area held, designed or designated for the common use of the owners or occupants of a townhouse project, planned development, apartment or condominium, mobile home park or subdivision.
- COMMON OPERATIONAL SCHEME
- Use of one or more contiguous lots for one common business
purpose, where at least one lot has a lawful principal use or structure
and the contiguous lot(s) are used to support the principal use or
structure as part of the common business purpose. A common operational
scheme requires common ownership or control of the contiguous lots
and site plan approval of all such lots together. In addition, where
the Town Board determines that the removal of one of the parcels from
the common operational scheme presents a risk of an adverse impact
to the Town, it may also require the filing of a restrictive covenant
preventing the separate sale of the lots.[Added 12-18-2017 by L.L. No. 5-2017]
- COMMON WALL or PARTY WALL
- Any interior wall or portion thereof located between adjacent units or uses provided for the separation of the individual and separate living or use areas.
- COMPREHENSIVE PLAN
- A plan as defined and adopted in accordance with § 272-a of Town Law of the State of New York, and any amendments or master plans attached thereto by resolution of the Town Board.
- CONDOMINIUM
- A building or group of buildings in which residential, business or industrial units are owned individually while the structure, common areas and facilities are owned jointly or by all the owners on a proportional basis.
- CONTIGUOUS LOTS
- Parcels of property that are located immediately next to
each other, either side-by-side or back-to-back. This definition does
not include parcels that are separated by a public road.[Added 12-18-2017 by L.L. No. 5-2017]
- COUNTY
- The County of Erie, New York.
- COVERAGE
- That percentage of the plot or land area covered by the building area.
- CULTURAL FACILITY
- Public libraries, museums, art galleries and other similar community institutions.
- DAY-CARE CENTER or NURSERY SCHOOL DAY-CARE CENTER
- A care facility which provides care, protection and supervision
for a period of less than 24 hours a day on a regular basis, which
supplements care, enrichment and health supervision for the participants,
in accordance with their individual needs, and which for a payment,
fee or grant is made for care. Such use shall conform to all requirements
regulating day care of the New York State Department of Social Services.
Where such centers are located in houses of worship, or New York State
accredited schools or colleges, said houses of worship, schools or
colleges shall be held liable for their operations and activities
of the day-care centers.[Amended 1-20-2015 by L.L. No. 3-2015]
- DEDICATION
- The deliberate appropriation of property by its owner for
general public use.[Added 12-17-2007 by L.L. No. 5-2007]
- DENSITY
- The number of individual residential units divided by the buildable land available for residential units in a particular parcel of land. Expressed as units per acre.
- DEPARTMENT
- The New York State Department of Environmental Conservation.[Added 12-17-2007 by L.L. No. 5-2007]
- DESIGN MANUAL
- The New York State Stormwater Management Design Manual (New
York State Department of Environmental Conservation), most recent
version, or its successor, including applicable updates, which serves
as the official guide for stormwater management principles, methods
and practices.[Added 12-17-2007 by L.L. No. 5-2007]
- DEVELOPER
- A person who undertakes land development activities.[Added 12-17-2007 by L.L. No. 5-2007]
- DOCK
- A structure built on or near the shoreline that provides a stationary landing for a) fishing or swimming, or b) anchoring, mooring, or storing vessels, but in residential districts, for not more than three vessels. "Dock" includes a wharf, pier, float, floating dock, island, or other similar structure. Not more than one dock and boathouse or storage shed may be built on a lot, and boathouses and/or storage sheds shall comply with all rules for accessory structures.
- DOG KENNEL
- A place for the keeping of more than three dogs that are more than six months old.
- DUPLEX HOUSE
- A house consisting of two dwelling units.
- DWELLING
- Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, erected on a permanent foundation.
- DWELLING UNIT
- A residential unit other than a mobile home, with one or more rooms, including cooking facilities and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes.
- EROSION CONTROL MANUAL
- The New York Standards and Specifications for Erosion and
Sediment Control (Empire State Chapter of the Soil and Water Conservation
Society, 2004), most current version, or its successor, commonly known
as the "Blue Book."[Added 12-17-2007 by L.L. No. 5-2007]
- ESSENTIAL PUBLIC SERVICES
- The erection, construction, alteration or maintenance by
public utilities, including telecommunications facilities of federally
licensed telecommunications companies (which shall obtain a tower
permit under this chapter rather than a special use permit wherever
a special use permit for a essential public service would otherwise
be required), or Town or other governmental agencies of underground
or overhead gas, electrical, or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment, buildings and accessories in connection
therewith, reasonably necessary for the furnishing of adequate service
by such public utilities or Town or other governmental agencies or
for the public health or safety or general welfare. Essential public
services do not include fire stations.[Amended 12-20-2004 by L.L. No. 4-2004; 5-17-2010 by L.L. No. 5-2010]
- FLOOR AREA, GROSS
- The total enclosed area of all floors in a building with a clear height of more than six feet, measured to the outside surface of the exterior walls. The term includes loading docks and excludes atria airspace, parking facilities, driveways, and enclosed loading berths and off-street maneuvering areas.
- GRADING
- Excavation or fill of material, including the resulting conditions
thereof.[Added 12-17-2007 by L.L. No. 5-2007]
- HISTORIC RESOURCES
- Any historic building, structure, facility, site or prehistoric site that is listed on the State and/or National Registers of Historic Places. Any locally significant historic resource designated pursuant to Article 5-K of the New York State General Municipal Law is also included.
- A. An occupation for gain or support conducted only by members of a family residing in the premises and conducted entirely within the dwelling, provided that no article is sold or offered for sale, except as such may be produced by members of the immediate family on the premises, subject to the following criteria:
- (1) No outdoor storage;
- (2) No warehousing of materials on site;
- (3) No parking of more than two commercial vehicles on site, one of which may be a step van;
- (4) No parking spaces for customers;
- (5) No outside employees;
- (6) No businesses emitting excessive noise and noxious odors, or increasing the frequency and density of traffic;
- (7) No more than one nonilluminated sign, not more than four square feet in total area; and
- (8) No hazardous materials.
- (1)
- B. Home occupations shall not be construed to include those that require the presence in the home of noxious machinery or equipment normally associated with business or industrial activities.
- HOUSE OF WORSHIP
- An institution that people regularly attend to participate in or hold religious services, meetings or other activities normally referred to as "churches," "synagogues," "monasteries" or "temples." No structure classified as a dwelling shall be considered a house of worship.
- IMPERVIOUS COVER
- Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).[Added 12-17-2007 by L.L. No. 5-2007]
- INDUSTRIAL STORMWATER PERMIT
- A State Pollutant Discharge Elimination System (SPDES) permit
issued to a commercial industry or group of industries which regulates
the pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.[Added 12-17-2007 by L.L. No. 5-2007]
- INFILTRATION
- The process of percolating stormwater into the subsoil.[Added 12-17-2007 by L.L. No. 5-2007]
- JURISDICTIONAL WETLAND
- An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."[Added 12-17-2007 by L.L. No. 5-2007]
- LAND DEVELOPMENT ACTIVITY
- Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale disturbing one acre or more in the aggregate,
even though multiple separate and distinct land development activities
may take place at different times on different schedules.[Added 12-17-2007 by L.L. No. 5-2007]
- LANDOWNER
- The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.[Added 12-17-2007 by L.L. No. 5-2007]
- LICENSED PROFESSIONAL
- A landscape architect or professional engineer licensed to
practice his or her profession in New York State.[Added 12-17-2007 by L.L. No. 5-2007]
- LOT
- A parcel or piece of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this code, and having frontage on a public street.
- A. A lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."
- B. The mean horizontal distance between the front and rear lot lines.
- C. A lot other than a corner lot.
- D. The lines or series of connecting line segments bounding the lot.
- E. LOT LINES, FRONT:
- (1) For an interior lot, the lot line abutting the street;
- (2) For a corner lot, the lot line designated as the front lot line by a subdivision or parcel map, or, if none, the shorter lot line abutting a street;
- (3) For a through lot, the lot line abutting the street that provides the primary access to the lot; and
- (4) For a flag lot, the lot line designated as the front lot line by a subdivision or parcel map, or if none, the line determined by a Code Enforcement Officer to be the front lot line.
- (1)
- F. The lot line opposite and most distant from the front lot line.
- G. Any lot line other than a front or rear lot line. A "side lot line" separating a lot from a street is called a "side street lot line."
- H. A lot line separating the lot from a street.
- LOT, THROUGH
- An interior lot having frontage on two parallel or approximately parallel streets.
- LOT WIDTH
- The distance between the two side lot lines measured as the length of a line setback from the front lot line by the minimum front yard permitted in the district.
- LOT, NONCONFORMING
- Any lot which does not conform with the minimum width, depth and area dimensions specified for the district in which said lot is located, and the owner(s) of said lot do(es) not own any adjoining property. A legal nonconforming lot is one which complied with the requirements of the Zoning Code at the time it was created, or has a nonconforming use legally occurring upon it.
- MAINTENANCE AGREEMENT
- A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.[Added 12-17-2007 by L.L. No. 5-2007]
- MAXIMUM BUILDING COVERAGE
- The maximum percentage of a lot to be covered by the combined footprint of all buildings, structures, and uses.
- MOBILE HOME
- A vehicle or movable dwelling structure which is designed to be used for living or sleeping quarters and which stands on wheels or on rigid supports or on a foundation and which contains not more than one dwelling unit, but excluding prefabricated homes or sections thereof designed to be set on permanent foundations and also excluding recreational vehicles and camping trailers.
- MOBILE HOME PARK
- A unified development of mobile home spaces for rent or lease, including common areas and facilities for management, recreation, laundry and utility services, storage, and similar services for the convenience of residents.
- MOTOR HOME or RECREATION VEHICLE
- A vehicle or trailer designed for temporary dwelling or recreational purposes, and includes travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks and buses, boats, and boat trailers.
- MOTOR VEHICLE REPAIR SHOP
- A building or place of business where automobile repair service
is rendered, and automotive supplies such as oil and greases, batteries,
tires and/or accessories are supplied and dispensed directly to the
public, at retail, but which does not include the sale of motor fuel.
A motor vehicle repair shop as part of a travel plaza/truck stop is
not permitted.[Amended 4-2-2018 by L.L. No. 1-2018]
- MOTOR VEHICLE SERVICE STATION
- A building or place of business where motor fuel, oil and
greases, batteries, tires and/or automobile accessories are supplied
and dispensed directly to the public, at retail, and where minor repair
service may be rendered. The definition includes any convenience or
other retail store selling motor fuel to the public, but does not
include any truck stop/travel plaza, nor may any motor vehicle service
station include either a) truckers lounge (for services such as television/exercise/internet
access, etc.), b) motel/hotel, or c) laundry. No motor vehicle service
station may exceed five acres in total size of the lot.[Amended 4-2-2018 by L.L. No. 1-2018]
- MULTIPLE DWELLINGS
- A dwelling used or designed for use as a "multiple dwelling" as defined in the New York State Multiple Residence Law.
- NONPOINT SOURCE POLLUTION
- Pollution from any source other than from any discernible,
confined and discrete conveyances, and shall include, but not be limited
to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.[Added 12-17-2007 by L.L. No. 5-2007]
- PARK
- Any public or private land used for active or passive uses, which provides recreational uses, or cultural or aesthetic uses.
- PARKING FACILITY
- An area on a site for one or more off-street parking spaces together with driveways, maneuvering areas, and similar features, excluding commercial off-street parking lots and private garages.
- PARKING SPACE
- An area designated for parking a motor vehicle, excluding an area in a public right-of-way.
- PATIO HOME
- A one or two story dwelling that is one of a planned complex of such, often contiguous dwellings that border on a patio or courtyard.
- PEDESTRIANWAY
- The portion of a street right-of-way not used for a roadway.
- PHASING
- Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.[Added 12-17-2007 by L.L. No. 5-2007]
- PLANNED DEVELOPMENT
- A project comprising two or more buildings designed to be maintained and/or operated as a single unit in a single ownership or control by an individual, partnership, corporation or cooperative group, which has certain facilities in common, such as yards and open spaces, recreation areas, garage and parking areas. A planned development shall comprise a minimum of 25 acres.
- PLANNING BOARD
- The Town of Grand Island Planning Board.
- POLLUTANT OF CONCERN
- Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.[Added 12-17-2007 by L.L. No. 5-2007]
- PROFESSIONAL HOME OFFICE
- The office of a doctor, lawyer, dentist, other medical professional, insurance agent, accountant or similar professional located in his or her personal residence, with a separate entrance for the office, with no extra parking provided in the front yard, and no more than one nonilluminated sign, not more than four square feet in total area.
- PROJECT
- Land development activity.[Added 12-17-2007 by L.L. No. 5-2007]
- PUBLIC BUILDINGS AND USES
- A Town hall, police stations, fire stations, library, schools, playgrounds, Town parks, water and sewer plants and other Town facilities.
- RECHARGE
- The replenishment of underground water reserves.[Added 12-17-2007 by L.L. No. 5-2007]
- RIVERSIDE ACCESSORY USE OR STRUCTURE
- An accessory use or structure located or occurring on a riverside
lot and unique to that location, such as boathouses, docks and piers,
excluding business accessory uses or structures.[Amended 12-18-2017 by L.L. No. 5-2017]
- RIVERSIDE LOT
- A lot of which any portion borders the Niagara River. For purposes of setback and building coverage calculations, such lots will be deemed to end at the top of the bank of the river, or where a measurable bank is not present, at the normal high water mark. Under no circumstances shall land under water be included in the lot for purposes of calculating setbacks or lot coverage requirements. Where a riverside lot is in common ownership with an adjoining lot separated by a right-of-way (even if covered by more than one deed), and the riverside lot is too small to permit construction of a principal use without a variance, both such lots shall be considered as riverside lots for purposes of this code, except that the provisions of § 407-18C shall not apply to the nonshoreline lot portion of a riverside lot.[Amended 12-20-2004 by L.L. No. 4-2004; 3-29-2006 by L.L. No. 3-2006]
- SCHOOL
- A facility, either public or private, that provides a curriculum of elementary and/or secondary academic instruction, including pre-K, kindergartens, elementary schools, junior high schools and/or high schools, but not including trade schools or colleges.
- SEDIMENT CONTROL
- Measures that prevent eroded sediment from leaving the site.[Added 12-17-2007 by L.L. No. 5-2007]
- SENSITIVE AREAS
- Cold water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, or habitats for threatened,
endangered or special concern species.[Added 12-17-2007 by L.L. No. 5-2007]
- SHORELINE LOT
- The portion of a riverside lot actually adjoining the Niagara
River.[Added 3-29-2006 by L.L. No. 3-2006]
- SINGLE-FAMILY ATTACHED RESIDENTIAL DWELLING UNIT
- An independent single-family dwelling unit with a common or party wall between adjacent units and each having a private outside entrance.
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITY GP-02-01
- A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.[Added 12-17-2007 by L.L. No. 5-2007]
- SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORM SEWER SYSTEMS GP-02-02
- A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards and/or to specify stormwater control standards.[Added 12-17-2007 by L.L. No. 5-2007]
- STABILIZATION
- The use of practices that prevent exposed soil from eroding.[Added 12-17-2007 by L.L. No. 5-2007]
- STOP-WORK ORDER
- An order issued which requires that all construction activity
on a site be stopped.[Added 12-17-2007 by L.L. No. 5-2007]
- STORMWATER
- Rainwater, surface runoff, snowmelt and drainage.[Added 12-17-2007 by L.L. No. 5-2007]
- STORMWATER HOTSPOT
- A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.[Added 12-17-2007 by L.L. No. 5-2007]
- STORMWATER MANAGEMENT
- The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.[Added 12-17-2007 by L.L. No. 5-2007]
- STORMWATER MANAGEMENT FACILITY
- One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.[Added 12-17-2007 by L.L. No. 5-2007]
- STORMWATER MANAGEMENT OFFICER (SMO)
- Town Engineer, Code Enforcement Officer, Building Inspector
and their staffs, and any other employee, contractor, or officer designated
by the Town Board to accept and review stormwater pollution prevention
plans (SWPPPs), forward the plans to such agency, committee, employee,
or board of the Town of Grand Island which may be reviewing any application
for a construction activity requiring submission of a SWPPP, and inspect
stormwater management practices.[Added 12-17-2007 by L.L. No. 5-2007]
- STORMWATER MANAGEMENT PRACTICES (SMPs)
- Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.[Added 12-17-2007 by L.L. No. 5-2007]
- STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
- A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.[Added 12-17-2007 by L.L. No. 5-2007]
- STORMWATER RUNOFF
- Flow on the surface of the ground, resulting from precipitation.[Added 12-17-2007 by L.L. No. 5-2007]
- STRUCTURE
- Anything constructed, the use of which requires permanent or temporary location on the ground or attachment to something having permanent or temporary location on the ground, including stationary and portable carports, docks, sheds, boathouses, towers, and structures of a similar nature. Also including swimming pools, both in-ground and above ground, decks, flagpoles over 20 feet in height, antennas. Excludes patios, walkways and pavements at ground level.
- SURFACE WATERS OF THE STATE OF NEW YORK
- Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic ocean within the territorial seas of the state of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.[Added 12-17-2007 by L.L. No. 5-2007]
- TOWN
- The Town of Grand Island, New York.
- TOWN ATTORNEY
- The Attorney hired by the Town Board as Town Attorney, or attorneys hired as the attorneys for the Town, or any attorneys hired by the Town Board to serve as outside counsel for any matter relevant to this code.
- TOWN BOARD
- The Town Board of the Town of Grand Island.
- TOWNHOUSE
- A building or dwelling designed for or occupied by no more than one family and attached to other similar buildings or dwellings by party walls extending from the foundation to the roof thereof and providing direct access from the outside. A "townhouse" is individually owned, with an owner receiving a deed enabling him/her to sell, mortgage or exchange his/her dwelling unit independent of the owners of any other dwelling unit attached thereto by party wall.
- TRANSIENT RENTAL or SHORT-TERM RENTAL
- Rental of any portion of a residential structure, including
single-family and multifamily dwellings, for a period of less than
30 continuous days.[Added 9-22-2015 by L.L. No. 9-2015]
- TRUCK STOP/TRAVEL PLAZA
- A development oriented to the service of trucks, including
the sale of fuel to truck drivers, and provision for support facilities
for truck drivers. They may also be utilized by nontruck traffic and
the interstate traveler. Business activities which are customarily
accessory and clearly incidental and subordinate to the truck stop
or travel plaza may include but not be limited to: scales, truck wash,
tire repair and sales, barber shop, restaurant with or without alcohol
service, shower facility, convenience store, truckers lounge (for
services such as television/exercise/internet access, etc.), motel/hotel,
laundry, chain rental, vehicle fuel and consumer propane bottle dispensing.
The facility may allow for the temporary, daily, or overnight parking
(excluding for the loading and unloading of cargo) of commercial motor
vehicles which are en route to or from a destination along an interstate
freeway system, for free or for a fee that may be independent of any
other use on the premises. The term "truck" shall mean a commercial
vehicle driven by a truck driver who is required to have a Class "A"
CDL (Commercial Driver’s License) or equivalent.[Added 4-2-2018 by L.L. No. 1-2018]
- USE
- The conduct of an activity, or a performance of a function, on a site or in a building or structure.
- USE, NONCONFORMING
- Any use not permitted in the district in which it is occurring. A legal nonconforming use is a use that was legally authorized by the Zoning Code as it existed at the time the use commenced.
- USE, PERMITTED
- A use of property allowed by this code, after compliance with all relevant provisions of the code.
- USE, PRINCIPAL
- The primary function of a site, building or facility.[Amended 6-17-2019 by L.L. No. 5-2019; 2-3-2020 by L.L. No. 1-2020]
- USE, SPECIAL PERMITTED
- A use which, because of its unique characteristics, requires individual consideration in each case by the Town Board before it may be permitted in the district enumerated in this code.
- WATERCOURSE
- A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.[Added 12-17-2007 by L.L. No. 5-2007]
- WATERWAY
- A channel that directs surface runoff to a watercourse or
to the public storm drain.[Added 12-17-2007 by L.L. No. 5-2007]
- YARD
- Any open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as herein permitted.
- A. An open space which lies between the principal building or group of buildings and the front lot line or front setback line, unoccupied and unobstructed from the ground upward. In case of a corner lot or a through lot, the "front yard" requirements shall apply to yards fronting on any street.
- B. An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward, except, on a riverside lot, for authorized docks and boathouses.
- C. An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
- ZONING BOARD OF APPEALS
- The Zoning Board of Appeals of the Town of Grand Island.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
A.
Any time limit specified in this Zoning Code for any
decision or action by a Code Enforcement Officer, the Town Board,
the Zoning Board of Appeals or the Planning Board may be extended
or tolled by the joint agreement of the applicant and the decisionmaking
body unless otherwise stated in the code. In the event a decision
or action by a Code Enforcement Officer or Zoning Board is not rendered
within the time period specified, and the applicant has not agreed
to an extension or tolling of such time limit, the application shall
be deemed to be denied.
[Amended 3-29-2006 by L.L. No. 3-2006]
When two or more parcels of land, both or one
of which lacks adequate area and dimension to qualify for a permitted
use under the requirements of the use district in which they are located,
are contiguous and are held under one ownership, they may be approved
for such use as long as the lots shall be combined on the Zoning Map
and Tax Map, and deeded as one lot. As a condition of any approval,
the approving Board shall require proof of the combination of the
lots by deed, or filing of a restrictive covenant preventing the separate
sale of either lot without prior Town Board permission. Nothing in
this provision shall be read as automatically combining any lots and
this provision shall only apply when a use approval is requested.
This amendment shall be deemed effective as of August 1, 2004, to
the extent that no lot shall have been deemed to have automatically
combined as of the effective date of the prior § 49-14.[1]
[1]
Editor's Note: Said "§ 49-14" refers to this section
as it existed at time of amendment by L.L. No. 3-2006, prior to its
renumbering with the 2010 codification.
[Added 6-18-2007 by L.L. No. 2-2007; amended 10-15-2012 by L.L. No.
3-2012]
The Town Board may, from time to time, adopt after public hearing
design and performance standards for all or part of the Town.[1] The purpose of design and performance standards is to
serve as a written reference standard designed to shape development
in a manner that implements the vision of the Town's Comprehensive
Plan. Design and performance standards so adopted do not amend this
code, and in the case of any conflict between the Town Code and design
and performance standards, the Town Code shall apply.
[1]
Editor's Note: A copy of the current Design and Performance
Standards can be viewed on the Town's website at www.gigov.com.
