No building or structure shall be placed on
any lot except in accordance with the yard, bulk, lot, area and height
restrictions established in the attached Schedules I and II,[1] and any other restrictions established in the other sections
of this code. In case of uncertainty as to the permissible districts
for uses not specifically covered by this code, a Code Enforcement
Officer shall request the Zoning Board of Appeals to render a determination.
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
A.
Yards and open spaces. All yards, courts and other
open spaces required for a structure shall be located on the same
zoning lot as such structure. No yard or other open space provided
around any building for the purpose of complying with the provisions
of this code shall be considered as providing a yard or open space
for any other building; and no yard or other open space on one lot
shall be considered as providing a yard or open space for a building
on any other lot.
B.
The maintenance of yards, courts and other open space
and minimum lot area legally required for a building shall be a continuing
obligation of the owner of such building or property on which it is
located, as long as the building is in existence.
C.
Except as provided below, every part of a required
yard or court shall be open from its lowest point to the sky.
D.
The following shall not be considered to be obstructions
when located in any required yard or court:
(1)
Ordinary projection of window wells above the bottom
of such yard or court.
(2)
The projection of sills, belt courses, cornices, and
ornamental features not to exceed 18 inches.
(3)
Open or lattice-enclosed fire escapes, fireproof outside
stairways and balconies opening upon fire towers projecting into a
yard not more than two feet or into a court not more than 3 1/2
feet are permitted where the same are to be so placed as not to obstruct
light and ventilation.
(4)
Awnings and canopies projecting not more than 30 inches
into the yard.
(5)
Steps not more than four feet above grade for the
purpose of access to a permitted structure or for the purpose of access
to a lot from a street or alley.
(6)
Chimneys or vents projecting not more than 24 inches
into the yard.
(7)
Arbors or trellises, flagpoles, fences, walls, and
signs complying with the applicable provisions of this Zoning Code.
E.
The following shall not be considered to be obstructions
when located in any required front yard:
(1)
One-story bay windows projecting three feet or less
into the yard.
(2)
Overhanging eaves and gutters projecting 2 1/2
feet or less into the yard.
(3)
In commercial and manufacturing districts, a building
which does not meet the minimum front yard setback for the district
may have an awning or canopy which projects no more than 30 inches
from the front exterior wall of the building or a wall sign which
projects no more than 12 inches from the front exterior wall.
F.
The following shall not be considered to be obstructions
when located in any required rear yard:
(1)
Open off-street parking spaces.
(2)
Balconies, breezeways and open porches.
(3)
One-story bay windows projecting 2 1/2 feet or
less into the yard.
(4)
Overhanging eaves and gutters projecting 2 1/2
feet or less into the yard.
(5)
Recreational and laundry-drying equipment.
(6)
In the commercial or residential (other than R-1A,
R-1B, R-1C, R-1D and R-1E) zoning districts, at-grade or above-grade
covered walkways.
G.
The following shall not be considered to be obstructions
when located in any required side yard:
H.
No yards, now or hereafter provided for a structure
existing prior to July 19, 2004, shall subsequently be reduced below
the minimum yard requirements of this Zoning Code for equivalent new
construction. If the yard was already less than the minimum yard requirement
for equivalent new construction, the yard shall not subsequently be
reduced any further. Nothing in this subsection shall be read as rendering
as a legal nonconforming yard any yard which was not legal at the
time it was created.
I.
Lot required for every dwelling: Every building used
as a dwelling shall be located on a lot and, except for permitted
dwelling groups or accessory buildings, there shall be not more than
one such building on a lot.
J.
Street frontage: No dwelling or structure shall be
erected, or use conducted, on any lot which does not have immediate
frontage on an existing or platted street or highway, suitably improved
to the satisfaction of the Town Board, unless a variance is granted
by the Zoning Board in accordance with Town Law § 280-a,
Subdivision 3.
K.
Measurements:
(1)
In determining required yards and setbacks for an
irregularly shaped lot or a lot bounded by only three lot lines, the
rear lot line is a line a minimum of 10 feet long, parallel to the
front lot line; and set at the most distant location from the front
lot line.
(2)
A distance from a structure to a line or location
is measured from the exterior face of the nearest wall or vertical
support of the structure to the line or location. For a structure
that does not have a wall or vertical support, a Code Enforcement
Officer shall determine the point of measurement.
(3)
Any lot or structure which is or would be nonconforming
in any manner by six inches or less is deemed to be in compliance.
(4)
Front setbacks shall be measured from the edge of
the right-of-way, or in the case of private streets, from the face
of curb.
In addition to the other setbacks established
in this code and delineated on Schedules I and II,[1] the following additional setbacks apply in all districts
to all buildings and structures, provided that where the district
front yard requirements establish a greater setback, the district
front yard requirements shall apply.
A.
On the following roads, measured from the center of the right-of-way to the building line, the minimum setback, subject to the exception of Subsection B of this section, shall be:
|
Name of Road
|
Minimum Setback
(feet)
|
|---|---|
|
Alt Boulevard
|
100
|
|
Baseline Road
|
100
|
|
Bedell Road
|
80
|
|
Bush Road
|
80
|
|
East River Road
|
90
|
|
Ferry Road
|
80
|
|
Fix Road
|
80
|
|
Grand Island Boulevard
|
115
|
|
Harvey Road
|
80
|
|
Huth Road
|
80
|
|
Long Road
|
80
|
|
Love Road
|
80
|
|
Ransom Road
|
80
|
|
Staley Road
|
80
|
|
Spaulding Road
|
80
|
|
Stony Point Road (except Love Road to Elsie
Lane)
|
100
|
|
Stony Point Road (Love Road to Elsie Lane)
|
80
|
|
Whitehaven Road
|
100
|
B.
In the North, South, and Center Business Districts, in accordance with the powers authorized to the Town by Town Law § 274-a(5), the Town Board may approve a site plan with smaller setbacks than those required in Subsection A of this section for structures and uses complying with the rules and goals of the design requirements for the North, South, and Center Business Districts.
[Amended 3-7-2011 by L.L. No. 1-2011]
C.
On shoreline lots, structures other than riverside
accessory uses, shall be no closer to the river shoreline (measured
at the top of the bank) than:
[Amended 12-20-2004 by L.L. No. 4-2004; 3-29-2006 by L.L. No. 3-2006]
(1)
Where there are already two principal structures on
adjoining lots, no closer than the average distance of the two adjoining
principal structures to the river shoreline, but no less than the
rear yard for the district.
(2)
Where there is a principal structure on only one adjoining
lot, no closer than that principal structure to the river shoreline,
but no less than the rear yard for the district.
(3)
Where there are no principal structures on the adjoining
lots, no less than the rear yard for the district.
(4)
Riverside accessory uses and structures on shoreline
lots such as pools or other structures, less than four feet high,
and which do not obstruct the views of the Niagara River, may be placed
in the rear yard of a shoreline lot in accordance with the regulations
for placement of accessory structures and uses. Fences in rear yards
of shoreline lots shall not be opaque and shall not exceed four feet
in height. This subsection, limiting accessory uses and structures,
applies to shoreline lots and does not apply to the portion of riverside
lots, if any, not adjacent to the Niagara River.
D.
Bars, taverns and nightclubs shall not be permitted
within 500 feet of residentially zoned property, houses of worship,
schools and parks.
E.
Outside storage shall not be allowed within 200 feet
of a residential district.
[1]
Editor's Note: Said schedules are included as attachments to this chapter.
A.
Yard requirements.
(1)
Rear yard exceptions for through lots. On a through
lot where the rear lot line coincides with a street line, a front
yard equivalent shall be provided. The rear yard depth requirements
in the district regulations shall not apply on that portion of a through
lot where the front yard equivalent is required; and
(2)
Side yard rule for corner lots. On corner lots, all
structures shall be no closer to the right-of-way than the minimum
front yard setback of the adjacent lots.
B.
Exceptions to frontage requirements. Any legal nonconforming
lot separately owned and recorded on the Tax Map of the Town of Grand
Island at the time of enactment of this chapter which has frontage
of less than the prescribed number of feet permitted in an applicable
district may be used as a building lot if it has sufficient area to
permit the required setbacks within such district.
C.
Exceptions to height limitations.
(1)
The height restrictions of this code do not apply
to the following, except as stated herein:
(a)
Chimneys, flues, spires, tanks, steeples, communications
towers, ornamental towers or spires and belfries on otherwise conforming
buildings, provided that such structures, other than church steeples
or towers on a public building, do not exceed the height limitation
by more than 40%;
(b)
Flagpoles, radio or television antennas, masts
or aerials which are located on a building and do not extend more
than 20 feet above the roof of such building;
(c)
Elevator or stair bulkheads provided that such
structures do not occupy more than 10% of the roof area or exceed
the height limitation by more than 40%;
(d)
Solar energy systems not more than 1/2 story
above the roof of such building; and
(e)
No portion of any structure exceeding the roof
of such structure shall be used as a place of habitation.
D.
Exceptions to setback requirements. Notwithstanding
the failure to comply with the setback and minimum yard requirements
of this code, no variance shall be required when:
(1)
An existing porch or deck is replaced with a new porch
or deck, and no increase in the amount of noncompliance with the setback
requirements occurs.
(2)
A dormer or similar second floor addition is added
on to a single or two-family home, without increasing the number of
families that can live in the building or the total height of the
property, even though the addition is in a setback area, where there
is no increase in the amount of noncompliance with the minimum yard
or height requirements.
(3)
When a structure is replaced in its entirety within
12 months of demolition by another structure with the same footprint
as the replaced structure, and there is no increase in the amount
of noncompliance with the minimum yard or height requirements.
(4)
When a residential dwelling is expanded by a nonconforming
addition to the existing structure that does not create any further
encroachment on side or rear setbacks.
A.
Findings. Pursuant to the authority of New York Town
Law § 261-b, the Town Board finds that certain public improvement
goals, particularly increasing access to the Niagara River waterfront,
because of the scarcity of such access, and preserving and expanding
open spaces or parklands available for use by the community, based
on the important need for these facilities identified in the Comprehensive
Plan, justify the granting of zoning incentives or bonuses in regard
to height, density and other bulk requirements.
B.
Applicability. All zoning districts are designated as eligible for
zoning incentives. The Town Board may grant any incentives and may
require any amenities as permitted by Town Law § 261-b.
Incentives may be granted to applicants who offer acceptable amenities
to the Town in exchange for the incentives. The granting of any incentive
and the requirement of any amenity must be designed to achieve specific
goals identified in the Comprehensive Plan as supplemented by the
local laws and ordinances adopted by the Town Board, including, but
not limited to, provision for community space, parkland, preservation
of natural features, and supporting public infrastructure.
[Amended 6-4-2020 by L.L.
No. 4-2020]
C.
Applicants shall request such incentives or bonuses
as part of the zoning process for rezoning, subdivision or other approvals.
Where public hearings are required, the public notice shall also state
the zoning incentives requested and benefits to the community offered.
The incentives requested shall be clearly stated, including the preincentive
zoning standard, the specific incentive requested, and the percentage
deviation from the preincentive zoning standard. The environmental
review of the proposed project shall include all impacts that could
result from granting the requested incentives in whole or in part,
including the impacts from benefits received by the community. The
Town Board shall evaluate the adequacy of the community amenities
to be received in exchange for the particular incentive requested
on a case-by-case basis, and may approve, approve with conditions
or deny the request.
D.
If the Town Board determines that a suitable community
benefit or amenity is not immediately feasible or otherwise not practical,
the Board may require, in lieu thereof, a payment to the Town in a
sum to be determined by the Board. If cash is accepted in lieu of
other community benefit or amenity, such sum shall deposited in a
trust fund to be used by the Town Board exclusively for specific community
benefits authorized by the Town Board.
E.
In addition to the reasons for granting incentives
stated above, the Town Board may grant incentives to applicants who
provide land or right-of-way for Town highway, bike path or pedestrian
walkway projects, or in-lieu cash payments for said purpose, in the
same manner as provided herein.
[Amended 10-15-2012 by L.L. No. 3-2012]
F.
In addition
to the reasons for granting incentives stated above, the Town Board
may grant incentives to applicants who provide a preferred streetscape
plan, and all other requirements of the Town of Grand Island Design
and Performance Standards, in place of existing noncomplying frontage
and infrastructure, or in-lieu cash payments for said purpose, in
the same manner as provided herein.
[Amended 10-15-2012 by L.L. No. 3-2012]
