PROPOSED ZONING CODE CHANGES
AS OF FEBRUARY 28, 2006
TOWN OF GRAND ISLAND
Local Law No. _ of the year 2006
Be it enacted by the Town Board of the Town of Grand Island as follows
SECTION 1 Section 49-14 of the Town Code is hereby amended to read in its entirety as follows:
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. Lots that were legal when created, even if lacking adequate area and dimension to qualify for a permitted use under the current requirements of the use district, are deemed legal, non-conforming lots and therefore not subject to this section.
SECTION 2 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 Section 49-14.
SECTION 3 Section 49-147(I) is added to the Town Code to read as follows:
I. Commercial Vehicles and Personal Recreation Vehicles.
(a) No Commercial Vehicles or Personal Recreation Vehicles as defined in this Section and weighing 18,000 pounds or more, shall be parked or stored in the required front or side yard outside of a completely enclosed building in a residential district, except while loading or unloading or being used to perform a service on the premises. No construction equipment shall be parked overnight in a residential district unless such machinery is incidental to construction activity occurring on the premises.
(b) Definitions: For purposes of this Section the following definitions apply:
Agricultural vehicle and equipment: any operable vehicle and equipment necessary for conducting a permitted agricultural or equestrian use. Landscape maintenance equipment used on the plot (ex: lawn tractor) is also included in this definition, but landscape and lawn maintenance vehicles associated with a business that provides such services off-site are not included.
Commercial Vehicle: any operable vehicle designed, intended or used for the transportation of people, goods or things, other than private passenger vehicles, agricultural vehicle and equipment, construction equipment and personal recreation vehicles, provided that any vehicle with a sign placed upon it shall be considered a commercial vehicle. The term "commercial vehicle" shall include, but is not limited to the following:
(1) Semi trailer: All two- or more wheeled vehicles designed to be coupled to and drawn by a motor vehicle.
(2) Truck: A motor vehicle designed with or modified to contain a bed, platform, cabinet, rack or other equipment for the purpose of carrying items or things or performing commercial activities and weighing 18,000 pounds or more. This term includes, but is not limited to, wreckers, tow trucks, dump trucks, utility or service vehicles, and moving vans.
(3) Truck-tractor: A motor vehicle having four or more wheels and equipped with a fifth wheel for the purpose of drawing a semitrailer.
(4) Bus: Any vehicle designed or modified for transportation of 10 or more people in seats permanently placed in the vehicle.
(5) Business vehicle: Any vehicle upon which a business name is displayed. This term includes, but is not limited to, taxis, limousines, ambulances, and vans, but excludes security vehicles which are providing security services to the area where the vehicle is parked.
Construction equipment: any equipment used in land clearing and development, building construction, utility construction, or road construction.
Parking: the temporary, transient storage of vehicles or equipment as an accessory use to a dwelling or other use for a period generally not exceeding 24 hours. Wherever parking is permitted within these provisions, storage is not permitted unless specifically called out as being permitted.
Personal recreation vehicle: any operable motor vehicle or trailer designed and used for general recreation purposes or temporary living quarters for recreational, camping, or travel use, and weighing 18,000 pounds or more including but not limited to: camping trailers; travel trailers; truck campers; motor homes, but excluding mobile homes which are considered housing; watercraft; and trailers designed or used for transporting watercraft or other recreational vehicles, but excluding any trailer classified as a commercial vehicle or which is pulled or designed to be pulled specifically by a commercial vehicle.
(c) It is not the intent nor the purpose of this Section to prohibit commercial vehicles as described herein from residential zoning districts when actually engaged in a business activity which requires their presence in a residential zoning district for a temporary time and for a specific purpose (e.g. lot mowing, residential relocation, construction, etc.).
(d) Commercial vehicles, as defined above, which have either been lawfully parked or lawfully stored at their existing locations within Residential Zoning Districts may continue to be parked or stored at said location for a period of ninety (90) days from the effective date of this Local Law. Thereafter, the storage and or parking of commercial vehicles and personal recreational vehicles will no longer be permitted.
SECTION 4 Section 49-49 of the Town Code is amended to read in its entirety:
The following are special permitted uses subject to the provisions of Article XXV:
SECTION 6 The first paragraph of Section 49-120(C) of the Town Code is amended to read as follows:
SECTION 7 Section 49-121(B) of the Town Code is amended to read as follows:
SECTION 8 Section 49-99(A) of the Town Code is amended to read as follows:
1. Agricultural uses such as general farming, Christmas or nursery tree farming or reforestation, but no use involving animals.
SECTION 9 Section 49-65 of the Town Code is amended to allow Essential Public Services as a permitted use in each subdistrict.
SECTION 10 Section 49-12 of the Town Code is amended to add subparagraph 60A
60A SHORELINE LOT means the portion of a Riverside Lot actually adjoining the Niagara River.
SECTION 11 Section 49-12, subparagraph 57 of the Town Code is amended to read as follows:
57. 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 highwater 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 § 49-27(C) shall not apply to the non-Shoreline Lot portion of a Riverside Lot.
SECTION 12 Section 49-27(C) of the Town Code is amended to read as follows
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 paragraph, 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.
SECTION 13 Section 49-105(4) of the Town Code is amended to read in its entirety as follows:
SECTION 14 Section 49-70 is amended to add a House of Worship as a permitted use in the B1 District.
SECTION 15 Section 49-213(K) of the Town Code is amended to read in its entirety as follows:
K. LAPSE OF AUTHORIZATION: Any variance or modification of this Code authorized by the Board of Appeals shall be automatically revoked unless a zoning permit or building permit, conforming to all the conditions and requirements established by the Board of Appeals, is obtained within six (6) months of the date of approval by the Board of Appeals and construction commenced within one (1) year of such date of approval, but where multiple approvals (other than building permits) are required, the six (6) months/ one(1) year time period shall not begin to run until the date upon which all required approvals are granted.
SECTION 16 This Proposed Local Law shall be effective upon filing with the Secretary of State
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