Grand Island City Zoning Code
ARTICLE IV
Yard, Lot, Area and Height Regulations; Incentive Zoning
§ 407-16 Schedule of yard, bulk, lot, area and height regulations.
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.
§ 407-17 General requirements.
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.
§ 407-18 Special setback requirements.
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.
§ 407-19 Exceptions.
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.
§ 407-20 Incentive zoning.
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]