Grand Island City Zoning Code
ARTICLE I
Title and Purpose; Compliance Required
§ 407-1 Title.
This chapter shall be known and may be cited as the "Town of Grand Island Zoning Code."
§ 407-2 Purpose.
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.
§ 407-3 Effective date.
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.
§ 407-4 Effect on existing variances and special use permits.
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.
§ 407-5 Compliance required.
A.
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the yard, lot area, height and building location regulations hereinafter designated for the district in which such building or open space is located, and upon issuance of all approvals required by this code.
B.
No use shall be conducted or changed or property altered in any manner except in conformity with this code.
C.
No lot area shall be reduced, altered or subdivided as to create a nonconforming lot.
D.
Nothing in this chapter shall be read as eliminating the requirement for compliance with any chapter of the Town Code, including, but not limited to, the provisions for architectural review (Chapter 21), construction codes (Chapters 125, 141 and 264), conservation easements (Chapter 121), grading (Chapter 253), land subdivisions (Chapter 327), mobile home and mobile home parks (Chapter 225), sewer and water (Chapters 267 and 400), and signs (Chapter 295).[1]
§ 407-6 Certificate of occupancy.
A.
No land shall be occupied or used, and no structure erected, reconstructed or structurally altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificate of occupancy shall have been issued by a Code Enforcement Officer stating that the structure and use appear to comply with all applicable provisions of this Zoning Code. No change in any use shall be made to any structure or part thereof, except in conformance with a certificate of occupancy issued by a Code Enforcement Officer. Use of a single-family dwelling for a group home shall constitute a change of use requiring a certificate of occupancy. Any subsequent change of occupancy or reoccupancy of a group home shall also constitute a change of occupancy requiring a certificate of occupancy. A certificate of occupancy shall be applied for concurrently with the application for all approvals and, unless a temporary certificate of occupancy has been issued, shall be issued within 10 days after the lawful erection, reconstruction or structural alteration of such building shall have been completed.
B.
Temporary/partial certificate of occupancy. If a Code Enforcement Officer finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary certificate of occupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. The temporary certificate shall state the items to still be completed and/or the portions of the building approved for occupancy. Certificates may be issued for a period of up to one year by a Code Enforcement Officer, and may be extended for up to an additional six months at a time by the Town Board. The Board may require a performance bond to guarantee completion of the project.
C.
The applicants must stipulate in their request for a temporary certificate that they agree to maintain the conditions stipulated in their request for partial occupancy for the duration of construction on the site. They must agree that if they fail to obtain a full certificate of occupancy for the entire building, they will vacate the premises and terminate all temporary occupancy until successfully obtaining a full certificate of occupancy for the building.
D.
Existing building certificate of occupancy. A certificate of occupancy for any existing building may be obtained by applying to a Code Enforcement Officer and supplying the information and data necessary to determine compliance with the technical codes for the occupancy intended. Where necessary, in the opinion of a Code Enforcement Officer, one set of detailed drawings, or a general inspection, or both, may be required. When, upon examination and inspection, it is found that the building conforms to the provisions of the technical codes and other applicable laws and ordinances for such occupancy, a certificate of occupancy shall be issued.
E.
No estoppel effect. A Code Enforcement Officer shall use his or her best efforts to ensure that all code provisions are complied with prior to issuance of any certificate of occupancy. But if later inspection or events discloses any noncompliance with Town codes, issuance of a certificate of occupancy shall in no manner limit the right of the Town to enforce its codes through all civil and/or criminal remedies available.
F.
No liability for damages. This code shall not be construed to hold the Town responsible for any damages to persons or property by reason of inspections made pursuant to an application for a certificate of occupancy or issuance of or failure to issue a certificate of occupancy, and nothing in this code shall be construed to impose a duty upon the Town towards any person or property.
§ 407-7 Violations as bar to granting approval.
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.