Public hearing to deal with parking, church zoning issues

by Karen Keefe
Grand Island Dispatch, March 17, 2006

Be on notice: If you have a commercial or recreational vehicle you currently park in your front or side yard, you may have to find another parking spot. But that’s if, and only if, the vehicle weighs more than 18,000 pounds, according to Town Supervisor Peter McMahon.

The proposed parking provision is one of a number of Zoning Code amendments that will be the subject of a public hearing on Monday at 8 p.m. in the Town Hall.

“I’ve had about four or five phone calls or people who came in to visit me about that particular provision,” McMahon said. He even heard from his own sister and brother-in-law about the issue. He said he assured all those concerned that “It does not affect any vehicle of any kind under 18,000 pounds.” McMahon also said vehicles that meet or exceed that weight limit may be parked in the back yard of a residence, even if front- and side-yard restrictions are adopted by the Town Board

Nothing to do with Signage

McMahon said that contrary to some misconceptions, the regulations would have nothing to do with whether there is business lettering on the side or the color or kind of commercial or recreational vehicle – just the weight.

Staley Road resident David Williams said he hopes there will be a good turnout at Town Hall for the public hearing Monday at 8 p.m. on the proposed changes. He also hopes public input can help produce a user-friendly version for the Town Board to adopt. “I have a tractor and a truck I use for a part-time landscape business,” Williams said. He said from his point of view, the ideal amendment would affect parking of tractor-trailers and trucks over 18,000 pounds only in high-density residential districts. “I think it should be handled on a per case basis,” he said.

Zoning for Churches

Another proposed amendment to the town Zoning Code is one that would permit houses of worship to locate within a business district. This item has been a bone of contention for one group of worshipers that is looking forward to resolving the issue.

McMahon said churches are already permitted within residential districts, but in a “loophole,” business locations were inadvertently left out of the new Zoning Code the town approved in July 2004. He said the Town Board decided that “when we do the next round of changes in the zoning law, we’ll fix it.”

Eviction Notice for Church

In the meantime, that loophole proved to be a setback to Harbor Lights Fellowship. The church had been renting the property at 1821 Grand Island Blvd., and holding worship services there until advised by the town that they were being evicted effective Feb. 1 for Zoning Code violations.

The Rev. Gerard Haberstro, pastor of Harbor Lights, said the church’s landlord received a letter Jan. 3 from town Code Enforcement Officer Douglas Learman, saying the site could not be used as a “house of worship” because it violated the town’s Zoning Code.

The letter stated, “Whereas the B-1 zoning district does not currently permit this use, Mr. Haberstro was advised that the operation was in violation of the Town Code and has been directed to vacate the premises immediately.”

Learman’s letter said Haberstro was further advised that “even if the zoning permitted the fellowship hall, since this was a change of use, a revised site plan would be required as well as compliance with requirements of the building code, prior to the issuance of a new certificate of occupancy being issued.”

Harbor Lights has made some changes to the building they had rented, to conform to building code requirements. Currently, the congregation worships elsewhere, but is in final negotiations to purchase the building at 1821 Grand Island Blvd., as a permanent location for their church.

Special Exemptions for Churches

But Haberstro said until the Zoning Code is updated to permit churches in business districts, “the town is in violation of the federal law.” That law is the Religious Land Use and Institutionalized Persons Act of 2000, which protects individuals, houses of worship and other religious institutions from discrimination in zoning and landmarking laws.

In January, McMahon told the Dispatch that zoning was never the problem because “houses of worship have a special exemption for zoning.” McMahon said, “The code enforcement officer may have been unaware that there are special exemptions in zoning for churches” when he wrote the letter. McMahon said the greater concern was always in having the church clear up the building code problems, after which a certificate of occupancy could have been issued.

Both McMahon and Haberstro have said they believe there will be no problems in passing the amendment to clear up the matter.