[HISTORY: Adopted by the Board of Trustees of the Village of Garden
City 2-5-1987 as L.L. No. 1-1987; amended
in its entirety 4-16-1992 by L.L. No. 1-1992.
Subsequent amendments noted where applicable.]
The Board of Trustees finds that pending the completion of the study
and enactment of amendments to the Village Development Plan regarding certain
properties in the village, it is necessary for the good, safety and welfare
of the community to continue the moratorium on the issuance of building permits
and the granting of variances and special use permits in residential districts
which was adopted by Local Law No. 5-1991 on July 18, 1991, and extended by
Local Law No. 6-1991 on October 17, 1991.[1] The purpose of that law was to halt the issuance of building permits
and Board of Appeals approvals in residential districts pending the study
and enactment of amendments to the Village Development Plan. It is the finding
of the Board that without such interim prohibitions, any proposed amendments
to the Village Development Plan may be ineffectual if building permits, variances
or special use permits are issued pending study and adoption of such amendments.
Since the enactment of Local Law No. 5-1991 there have been three public hearings
regarding zoning proposals. In addition, a subcommittee of this Board has
been reviewing zoning proposals. That committee has recently reported on some
proposed zoning changes, but is still considering others. Lastly, a subcommittee
of residents appointed to consider zoning proposals has not yet reported to
the Board. As the study and hearings are not completed, the Board of Trustees
finds that an extension of the moratorium is warranted.
[1]
Editor's Note: Local Law Nos. 5-1991 and 6-1991 previously amended
this chapter in its entirety.
Notwithstanding any provisions of law to the contrary, and except as provided in § 66-3 hereof, the Building Official is hereby prohibited from issuing any building permits and the Board of Appeals is prohibited from issuing any variances or special use permits in residential districts for a period of six months following the effective date of this chapter or unless such period is sooner terminated by resolution of the Board of Trustees.
The prohibition against the issuance of building permits, variances and special use permits in residential districts referred to hereinabove in §§ 66-1 and 66-2 shall not apply to:
A.
The issuance of building permits, variances or special
use permits for structural repairs, interior renovations, additions, alterations
and accessory structures to existing single-family dwellings.
B.
The issuance of building permits, variances or special
use permits for any structure for which a completed application for a building
permit was on file with the Building Department of the village prior to the
effective date of Local Law No. 5-1991.
C.
The issuance of building permits, variances or special
use permits for the total replacement of existing structures destroyed by
an act of God which does not result in any additional square footage or change
in use.
D.
The issuance of building permits for new single-family
residential dwellings on existing residential plots held in separate ownership
from that of adjoining land prior to the effective date of Local Law No. 5-1991
and continuously thereafter.
