A. 
The zoning districts established in this chapter (as set forth in the district regulations and on the zoning maps) are designed to guide the future use of the Town's land by encouraging the development of desirable residential, commercial, and manufacturing areas with appropriate groupings of compatible and related uses and thus to promote and to protect public health, safety, and general welfare.
B. 
As a necessary corollary, in order to carry out such purposes, nonconforming uses and structures which adversely affect the development of such areas must be subject to certain limitations. The regulations governing nonconforming uses set forth in this article are therefore adopted in order to provide a gradual remedy for existing undesirable conditions resulting from such incompatible nonconforming uses, which are detrimental to the achievement of such purposes. While such uses are generally permitted to continue, these regulations are designed to restrict further investment in such uses, creating permanent establishments in inappropriate locations.
C. 
In the case of a few objectionable nonconforming uses which are detrimental to the character of the districts in which such uses are located, a reasonable statutory period of life is established for such uses, in order to permit the owner gradually to make his plans for the future during the period when he is allowed to continue the nonconforming uses of his property, thereby minimizing any loss, while at the same time assuring the public that the district in which such nonconforming use exists will eventually benefit from a more nearly uniform character.
D. 
In the case of buildings not complying with the bulk regulations of this code, the regulations governing noncomplying buildings set forth in this chapter are adopted in order to permit the appropriate use of such buildings but to prevent the creation of additional noncompliance or increases in the degree of existing noncompliance, except as specifically authorized.
A. 
General provisions. A legal nonconforming use may be continued, except as otherwise provided in this article. Except as otherwise provided in this chapter, a nonconforming use or structure shall not be expanded or increased or enlarged to occupy a greater area of land than was occupied on the effective date of this code. A nonconforming use may not be changed to another nonconforming use. A use, once changed from a nonconforming use to a conforming use, may not thereafter be changed back to a nonconforming use.
B. 
Application to illegal uses and structures. Nothing in this article shall be deemed to authorize any use or structure which was not conforming under the laws of the Town of Grand Island as they existed at the time the use began or the structure was constructed or altered, nor in any manner limit the power of the Town to take any action to abate or remove such use or structure, or prosecute violations of the laws of the Town of Grand Island created by said uses or structures.
C. 
Repairs and incidental alterations. Repairs to both structural and nonstructural parts or incidental alterations may be made in a building or other structure substantially occupied by a nonconforming use, or in connection with a permitted change or extension of a nonconforming use.
D. 
Structural alterations. No structural alterations shall be made in a building or other structure substantially occupied by a nonconforming use, except when made:
(1) 
In order to comply with requirements of law; or
(2) 
In order to accommodate a conforming use; or
(3) 
In order to conform to the applicable district regulations on performance standards.
A. 
General provisions. For the purposes of this article, a change of use is a change to another use; however, a change in ownership or occupancy shall not, by itself, constitute a change of use. A nonconforming use may be changed to any conforming use but not to another nonconforming use.
B. 
Special regulations for adult uses. In all districts, a nonconforming use may not be changed, initially or in any subsequent change, to an adult use, unless all requirements for adult uses are met.
A. 
General provisions. If a nonconforming building or other structure is damaged, destroyed or demolished, the provisions set forth in this article shall apply. However, if a nonconforming two-family residence in a single-family residential district is damaged, destroyed or demolished, such building may be reconstructed provided that such reconstructed building shall, unless a use variance is granted, be a single-family residence, and the reconstructed building shall not create a new noncompliance nor increase the preexisting degree of noncompliance with the applicable bulk regulations.
B. 
Permitted reconstruction or continued use. In all districts, if any building which is substantially occupied by nonconforming use is damaged or destroyed by any means, other than deliberately by the owner, it may be rebuilt on the same footprint.
A. 
General provisions. If, for a continuous period of 12 months, the active operation of substantially all the nonconforming uses in any building or other structure is discontinued, such land or building or other structure shall thereafter be used only for a conforming use. Intent to resume active operations shall not affect the foregoing.
B. 
The Zoning Board of Appeals may extend the allowable periods of nonuse without abandonment for up to an additional six months at a time.
C. 
Actual abandonment of the use, as shown by a discontinuance of operations and actual abandonment of the lot, or nonaccidental removal of the building where the use occurred, shall terminate the nonconforming use as of the date of actual abandonment.
A. 
General provisions. Specified nonconforming objectionable uses, certain specific types of uses involving open storage or salvage, or nonconforming adult establishments may be continued for a reasonable period of useful life as set forth in this code, provided that after the expiration of that period such nonconforming uses shall terminate in accordance with the provisions of this code.
B. 
Uses objectionable in residential districts. may be continued for 10 years after July 19, 2004, or such later date that the use becomes nonconforming, provided that after the expiration of that period such nonconforming use shall terminate, and thereafter such land or building or other structure shall be used only for a conforming use:
(1) 
In all residential districts, any of the following objectionable uses:
(a) 
Dumps.
(b) 
Junk- or salvage yards, including auto wrecking or similar establishments (whether or not such yard is enclosed).
(c) 
Scrap metal, junk, paper or rags storage, sorting or baling (whether or not the yard in which such use is conducted is enclosed),
(2) 
Which:
(a) 
Involves activities not located within a completely enclosed building; and
(b) 
Involves the use of buildings or other structures or other improvements with a total assessed valuation, excluding land, of less than $20,000 as determined from the assessment rolls effective on the date established for termination;
(3) 
May be continued for 10 years after July 19, 2004 or such later date that the use becomes nonconforming, provided that after the expiration of that period such nonconforming use shall terminate, and thereafter such land or building or other structure shall be used only for a conforming use.
C. 
Certain types of uses involving open storage or salvage. In all districts, legal nonconforming building materials or contractors' yards, or legal nonconforming junk- or salvage yards, including auto wrecking or similar establishments, or nonconforming scrap metal, junk, paper or rags storage, sorting, or baling may be continued subject to the applicable provisions set forth herein, whichever impose the greater restriction.
(1) 
In residential districts, where such use meets the criteria set forth in Subsection B of this section, those provisions shall apply.
(2) 
In all districts where such use is nonconforming with respect to the required enclosure as set forth in this code, and is either conforming or nonconforming in other respects, it may be continued without such enclosure until a date three years from July 19, 2004, or from such later date that the use becomes nonconforming. Thereafter any such use which does not conform with the enclosure requirements shall be terminated, and the land shall be used only for a conforming use.
D. 
Termination of nonconforming transient rentals or short-term rentals after amortization.
[Added 9-22-2015 by L.L. No. 9-2015]
(1) 
Notwithstanding any other law or provision of the Town of Grand Island Code to the contrary, nonconforming transient rentals or short-term rentals shall terminate automatically within one (1) year of the effective date of this local law.[1]
[1]
Editor's Note: "This local law" refers to L.L. No. 9-2015.
(2) 
Upon application and after a public hearing pursuant to Town Law § 267-a(7), the Zoning Board of Appeals may permit a nonconforming transient, short-term rental to continue for up to three (3) years after automatic termination, provided that:
(a) 
The applicant demonstrates, with dollar-and-cents proof, that he/she made, prior to the nonconformity, substantial financial expenditures related to the nonconformity;
(b) 
The applicant has not recovered substantially all of the financial expenditures related to the nonconformity;
(c) 
The applicant will not realize a reasonable rate of return on his/her investment in the property; and
(d) 
The period for which the nonconforming use is permitted to continue is the minimum period sufficient for the applicant to recover a reasonable amount of its financial expenditures incurred related to the nonconformity.
Any structure erected or structurally altered and any lot or land put to use pursuant to the granting of a variance of the use and/or building regulations of this code shall be deemed a nonconforming use and shall be subject to the applicable provisions of this article.