[HISTORY: Adopted by the Board of Trustees of the Village
of Garden City 2-23-2021 by L.L. No. 2-2021. Amendments noted where
applicable.
As used in this chapter, the following definitions terms shall
have the meanings indicated:
Equipment and supplies commonly used in connection with construction
and commercial/residential home improvements projects, including,
but not limited to, scaffolding, cement mixers, ladders, pipe, commercial
generators, commercial grade portable lighting, fencing (other than
Village-permitted installed fencing on any property or lot), welding
equipment, commercial table saws, stone cutting machines and pipe
cutting machines. "Construction equipment" shall not be deemed or
interpreted to mean two ladders not to exceed 25 feet in length used
by the property owner or lessee to make repairs or improvements, or
for maintenance on the property owned or leased.
Any material (or combination of materials) utilized in (or
incidentally related to) a construction project, including, but not
limited to, wood, lumber, bamboo, brick, cement, soil, sand, asphalt,
stone (whether natural or man-made), marble, granite, glass, steel,
pipe (whether steel, lead, aluminum or plastic), and/or aluminum or
vinyl siding material. "Construction material" shall not be deemed
or interpreted to mean wood used by a property owner or lessee in
any indoor or outdoor fireplace, wood burning stove or firepit.
It shall be unlawful for the owner or lessee of any residentially
zoned lot or property to place, store, deposit, or keep (or allow
for the placement, storage, depositing, or keeping of) construction
material or construction equipment on any residentially zoned property
within the Village for longer than: (i) nine months following completion
(as reasonably determined by the Superintendent of Buildings) of the
construction project for which the material or equipment was used
(or related to) on such residential lot; or (ii) more than 30 calendar
days within any ninety-calendar-day period; or (iii) other than as
provided under clause (i) above, more than an aggregate of 45 calendar
days in a calendar year. Nothing contained in this section shall be
deemed to confer upon any person the right to (a) undertake any construction
project without first obtaining all required building/other permits
otherwise required under the Code; or (b) operate a business from
a residentially zoned lot of property otherwise prohibited under the
Code.
The prohibitions set forth in § 69-2 shall not apply: (i) during the time period in which a construction or improvement project is being undertaken pursuant to the building permit issued by the Village; or (ii) if the owner or lessee of the residential lot or property is maintaining the construction material and/or construction equipment in a safe and organized manner (as reasonably determined by the Superintendent of Buildings), and said construction material and/or construction equipment is either: (a) located on the side and/or rear yard of the lot or property and does not exceed a size of three feet by three feet in the aggregate, or (b) located within a garage or shed or similar enclosed structure, which structure is not prohibited and is in otherwise compliance with all other provisions of this Code.
Any person who violates any of the provisions of this chapter shall be guilty of a violation thereof. Each and every calendar day that a violation of this section shall exist constitute a separate violation of the provision(s) of this chapter and the owner of the property shall be held liable as provided in §1-12 for each separate violation. Notwithstanding anything to the contrary in this chapter or the Code, no monetary fine shall be imposed until the Village has provided the owner or lessee ten-day written notice of violation of this chapter. Should the owner or lessee not cure the violation within 10 days, the owner or lessee will be subjected to a fine of not less than $200 for each violation.
